MINUTES OF THE CUMBERLAND ZONING BOARD MEETING
HELD AT THE THE HAYDEN CENTER, ROOM 2,
CUMBERLAND PUBLIC LIBRARY
1464 DIAMOND HILL ROAD, CUMBERLAND, RHODE ISLAND
ON THURSDAY, JUNE 9, 2022 AT 7:00 P.M.
ZONING BOARD MEMBERS PRESENT WERE THE FOLLOWING:
John McCoy, Chairman
Robert Chaput, Vice‑Chairman
Mike McGrath
Joseph Craveiro
Diane Emerson, 2nd Alt.
ALSO PRESENT
Peter Skwirz, Esquire, Counsel to the Zoning Board
Kelley Morris Salvatore, Town Solicitor
Kevin Joyce, Building Inspector
Dolly Rousseau, Zoning Clerk
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1. Call to Order.
Mr. McCoy called the meeting to order at 7:07 p.m., and all the Members of the Board listed above were present.
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2. Approval of Prior Meeting's Minutes.
Mr. McCoy stated the Board has some minutes from the original special meeting of May 5th, 2022, and he asked for a motion to accept those minutes. Mr. McGrath then made a motion to accept the minutes of May 5. Mr. Chaput seconded the motion. Mr. McCoy then took a vote on the motion. Mr. Chaput, Mr. McGrath, Mr. Craveiro, Ms. Emerson and Mr. McCoy all voted in favor of the motion. THE MOTION WAS APPROVED 5‑0.
3. ZONING BOARD OF REVIEW SITTING AS BOARD OF APPEAL
22‑03. Anthony J. Poirier, of 70 Abbott Run Valley Road, Cumberland, RI 02864, has petitioned this board for an Appeal of the Building Official's Decision for the subject property is a two‑family, not a three‑family dwelling. Article 17, Section 17‑11. Described as Assessor's Plat 013, Lot(s) 061, and Designated Zone R‑1. Located at 12 Lenox Street, Cumberland, RI 02864.
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Attorney Matthew Landry was again present to represent the Appellant, Anthony Poirier, in this matter. The Town Solicitor, Kelley Morris Salvatore, was also present.
At the outset, Mr. McCoy stated to Mr. Landry that the Board had received in their packet his memo of law dated June 1st, and Mr. McCoy stated that he appreciated him getting that in, so it gives everybody a chance to look at it. Mr. McCoy then asked Ms. Morris if she had anything else to add to what was submitted. Mr. McCoy stated that the Board has in their packet exhibits and documents from the last hearing. Ms. Morris answered yes, and she went into further argument and detail as to her position with respect to this Appeal of the Building Official's Decision. Mr. Landry then responded and also gave further arguments in support of his Appeal.
During discussion, Ms. Emerson asked if it could be established that the basement apartment actually had been used as a livable space and that somebody was living there. Mr. Landry then presented his client, Michael A. Poirier as a witness.
Mr. Poirier was sworn and testified briefly. He testified that Robert Watson and Sharon Watson lived in the basement apartment when his father bought the house. He also testified that his sister lives across the street, which is one of the neighbors, and can confirm that they were in that house.
Mr. Poirier stated he was not sure of the number of years, but it was before his father bought the house. He stated he did not know a specific amount of years, but they were there for a very long time.
No one else came forward and testified either in favor or against this appeal.
After further discussion, Mr. McCoy stated he would entertain any motions. Mr. Chaput then made a motion to affirm the decision of the Building Official and deny the appeal, based on all the testimony. Mr. Chaput stated that, rather than repeating a lot of it, the Board has heard hours of testimony; but he did not believe that the zoning that they purport was in effect, the RC Zoning, was ever legally placed there or was ever done the way it needs to be done by the Town Council, so that, from the very beginning, they did not have the authority to do what they did.
Mr. Chaput stated that, over and above that, even the limited variance that was received in 1955 posited that the house would be on three lots, and it has never been on all three lots. He stated that, the equities notwithstanding, and there certainly are a lot of factors in favor of the homeowner, but Mr. Chaput stated he did not believe that the Board has the discretion to use them to overturn the Building Official's decision, so he believed the decision was correct.
Mr. McGrath then seconded the motion and stated that his concern was he did not believe the apartment was ever legal, and it should not have been there in the first place. He stated that it should have met all the zoning codes that existed then; and it does not today and he did not think it did then.
Mr. McGrath stated he did not know how it was used as an apartment without ever meeting any safety codes anywhere. Mr. McGrath stated that, if you look at it, even with the boilers built into the corner where they were originally, they were a fire hazard. He stated that he saw a lot of problems with the building.
Mr. McCoy then stated that the motion is to sustain the Building Official's decision and deny the appeal. Mr. McCoy then took a vote on the motion. Mr. Chaput, Mr. McGrath, Mr. Craveiro, Ms. Emerson and Mr. McCoy all voted in favor of the motion.
THE MOTION WAS APPROVED 5‑0. Mr. McCoy stated that the appeal is denied, and the Building Official's decision is sustained.
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Mr. McCoy stated that that was it for the agenda for tonight, and he would take a motion to adjourn.
Mr. Chaput then so moved the motion to adjourn.
The motion was seconded by Ms. Emerson. Mr. McCoy then took a vote on the motion. Mr. Chaput, Mr. McGrath, Mr. Craveiro, Ms. Emerson and Mr. McCoy all voted in favor of the motion. THE MOTION WAS APPROVED 5‑0.
(THE MEETING ADJOURNED AT 7:50 P.M.)
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Respectfully submitted,
Andrew J. D'Angelo
ANDREW J. D'ANGELO,
Court Reporter
(Signed Electronically)
I hereby certify the foregoing minutes to be a true and accurate interpretation, to the best of my ability, of my stenographic notes taken at the Cumberland Zoning Board Meeting on June 9, 2022.
Andrew J. D'Angelo
ANDREW J. D'ANGELO,
Court Reporter
(Signed Electronically)