MINUTES OF THE CUMBERLAND ZONING BOARD MEETING
HELD AT THE CUMBERLAND TOWN HALL, AND
ALSO VIRTUAL CAPABILITY ON THE ZOOM PLATFORM,
45 BROAD STREET, CUMBERLAND, RHODE ISLAND
ON WEDNESDAY, SEPTEMBER 14, 2022 AT 7:00 P.M.
ZONING BOARD MEMBERS PRESENT WERE THE FOLLOWING
John McCoy, Chairman
Mike McGrath
Joseph Craveiro
Rachael Guadagni
Christopher Alger, Alt
ALSO PRESENT
Peter Skwirz, Esquire, Counsel to the Zoning Board
Kevin Joyce, Building Inspector
Dolly Rousseau, Zoning Clerk
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Mr. McCoy called the meeting to order at 7:03 p.m., and all the Members of the Board listed above were present.
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Mr. McCoy stated that the Board has the minutes from last month, August 10, 2022, and he asked for a motion to approve the minutes. Mr. McGrath made a motion to approve the minutes. The motion was seconded by Ms. Guadagni, and THE MOTION WAS APPROVED 5‑0.
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22‑08. Jason Macari, of 30 Martin Street, Cumberland, RI 02864, has petitioned this board for a Dimensional Variance for relief of minimum side yard, maximum height, and setback from edge of roof surface for solar carport. Article 18‑8, Section (3). Described as Assessor's Plat 034, Lot 188, and Designated Zone I‑1. Located at 30 Martin Street, Cumberland, RI 02864.
At the outset of the meeting, Mr. McCoy stated that Mr. Chaput is recusing himself tonight and is not present, and Mr. Alger is stepping up to be a voting member tonight, so there is a quorum. He stated the Board needs five, and the Board is ready to go. Mr. McCoy then read the matter into the record.
Attorney Scott Partington then came forward to represent Mr. Macari on these four requests for dimensional variances. Mr. Partington stated that he was present on behalf of Mr. Macari and the Berkeley Business Center, LLC. He stated this is the 30 Martin Street mill which is on approximately six acres of land. He stated it is a large brick textile mill which has been there. He stated it is a four‑story building, and he has the square footage at over 200,000 square feet. Mr. Partington stated it is in an Industrial‑1 zone; however, the zone was somewhat modified, and the uses in connection with that zone were modified by the Town Council back in July of 2018 with the passage of an overlay district which greatly expanded the commercial uses; and, pending the outcome of some negotiation right now also, the fourth floor would have some residential uses as well.
Mr. Partington then went on to present a summary of the four requests before the Board.
In support of these requests, Mr. Partington presented Mr. Jason Macari as a witness. Mr. Macari testified that it was his understanding the Board would like to understand why he has an interest in putting up the carports. Mr. Macari stated that number one is the renewable energy. He stated since he was a kid he has been a a big supporter of renewable energy. He stated he has put up roughly 10 systems around the State, all to do with buildings or properties that he owned. He stated he thought it was in keeping with everything that is being talked about today, including the Town's Comprehensive Plan, the State's Comprehensive Plan, the country's Comprehensive Plan. Mr. Macari stated, most importantly, it offsets the electricity and the power that is used at the mill. He stated that, between the rooftop solar and the carport solar, they would be basically an energy generator versus an energy user; so, it is not just carbon neutral; it is carbon positive. He stated that is really the number one reason.
Mr. Macari stated that economics certainly plays a part; and there is a return, albeit modest, but still a reasonable return on the investment. He stated it also provides a great utility to the tenants of the building, whether it be commercial or residential. He stated they will have approximately 70 car spaces covered with carport when all of it is done, and it is awfully nice to be able to come out to a car that is not covered with snow, and so it provides a nice utility to his tenants.
Mr. Macari stated that, from a design standpoint, they went through great lengths to make the carport's structural design in keeping with the mill because the mill is a 150‑year‑old historical mill. He stated that he loves the mill and wanted it to be complementing, not making it look worse.
He stated he wanted it to be a combination of the beautiful mill, along with the technology of solar renewable energy and the utility of a carport, so it just really works well together on the property. He stated those are the main reasons why he is looking to do this.
After Mr. Macari concluded his testimony, Mr. Partington then presented Steve Ellicott, of Infusion, LLC. Mr. Ellicott came forward, was sworn and testified that he is in the business of renewable energy, and he testified in detail about the proposed project and the reason for the four variances requested.
No one else came forward to speak either in favor or against these requests.
After hearing, Mr. Alger made a motion to approve the four variances, the side yard variance, the solar setback, the height of the building and the parking setback. Mr. Alger stated this would be due to the unique characteristics of the property. He stated there is a large industrial building right in the center of the property, and a solar carport really would not make any sense unless it is right on the edge of the property where it collects some sunlight.
Mr. Alger stated that the Board heard that this is the least relief necessary; yet, to get that sunlight, it is right on the edge of the property. He stated if it is close in to the building it will not work. He stated that, aesthetically, it is a historic industrial building. Placing it that close to the property to begin with would not look very good.
Mr. Alger stated this would not be for the Applicant to have greater financial gain. Mr. Alger stated he is not looking for a greater financial gain here. Mr. Alger stated he is going to get some gain out of this, and he is going to get a return, but not a significant return. Mr. Alger stated that he has certainly invested in the design of the property itself, the design of these solar panels, and it is not as much of a gain as he could get. Mr. McCoy added that it is not primarily for financial gain. Mr. Alger stated that was correct.
Mr. Skwirz then added that, due to the fact that Mr. Chaput is not here tonight, he would suggest that Mr. Partington did such a wonderful job going over all of the elements, the Board could just incorporate his findings. Mr. McCoy added that the Board could incorporate the testimony on the record and the site application as submitted. Mr. Alger stated that that would be his motion. Mr. McGrath then seconded the motion. Mr. McCoy then took a vote on the motion. THE MOTION WAS APPROVED 5‑0.
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Mr. McGrath then made a motion to adjourn. Mr. Alger seconded the motion. Mr. McCoy then took a vote on the motion, and THE MOTION WAS APPOVED 5‑0.
(THE MEETING ADJOURNED AT 8:01 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 September 14, 2022.
Andrew J. D'Angelo
ANDREW J. D'ANGELO,
Court Reporter
(Signed Electronically)