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, AUGUST 9, 2023 AT 7:00 P.M.
ZONING BOARD MEMBERS PRESENT WERE THE FOLLOWING
John McCoy, Chairman
Robert Chaput, Vice‑Chairman
Mike McGrath
Joseph Craveiro
Rachael Guadagni
Chris Alger, 1st Alt.
Diane Emerson, 2nd Alt.
ALSO PRESENT
Peter Skwirz, Esquire, Counsel to the Zoning Board
Dolly Rousseau, Zoning Clerk
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Mr. McCoy called the meeting to order at 7:02 p.m., and all the Members of the Board listed above were present.
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At the outset, Mr. McCoy stated that the Board has three matters on the agenda. Mr. McCoy stated that, as to the matter of Kevin Joyce, 23‑06, he would be recusing himself from that matter, and the Board would take that matter third. He stated the Board would take the other two matters first, and for the third matter Mr. Chaput will step up as Chair, and Mr. Alger will be a voting member on that matter.
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Mr. McCoy stated the Board has some minutes from June 14th, 2023. Mr. McGrath made a motion to approve the minutes of the June 14 meeting. Mr. Chaput seconded the motion. Mr. McGrath, Mr. Craveiro, Mr. Chaput, Ms. Guadagni and Mr. McCoy all voted in favor of the motion. THE MOTION WAS APPROVED 5‑0.
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23‑05. Robert Lanoie, of 279 Abbott Run Valley Road, Cumberland, RI 02864, has petitioned this board for a Dimensional Variance for relief of the minimum rear yard on the corner lot. Article 18‑2, Section (a). Described as Assessor's Plat 026, Lot(s) 0237, and Designated Zone R‑1. Located at 279 Abbott Run Valley Road, Cumberland, RI 02864.
Mr. Robert Lanoie came forward and was sworn to present his case for dimensional variance. Mr. McCoy stated the Board has the application in front of it, and he asked Mr. Lanoie to give a brief overview of what he is doing and why he is here tonight.
Mr. Lanoie stated that, primarily, he needs a six‑foot variance to create a two‑car garage. He stated that right now he only has a one‑car garage. He stated there is a little piece of the back of the garage that will also be removed; so, in total, only about two percent more space will be added. Mr. Lanoie stated that there is also a breezeway, and a piece of that will be added to create that space for the two‑car garage, and it is really just to have a two‑car garage. He stated that the variance that got changed, he is already not in compliance with that; so, for the extra six feet, he stated he can turn this into a piece of what he would be using added to his house, as a more functional part of the house.
Mr. McCoy stated that, as he understood from the application, the only variance Mr. Lanoie is looking for is a rear yard variance because this is a corner lot of 14 feet, but it is still outside of 10 feet on that. Mr. Lanoie stated which was the original variance. He stated that, because he is a corner lot, he is kind of held to a different standard with two rears and two fronts. Mr. Lanoie stated that, had that been considered a side variance, a side property, he would not need a variance because he would be below the 10‑foot threshold.
No one else came forward to speak on this matter.
After brief hearing, Mr. Chaput stated that this is an issue the Board has seen many times before. Because of the corner lot, the properties have two rear yards and two front yards; and the Board has routinely, when it makes sense, given a variance to accomodate those kind of situationss.
Mr. Chaput stated he is ready to make a motion to grant the variance of 14 feet for the rear yard variance to allow the applicant to construct that two‑car garage, or the addition or the extension to his one‑car garage. Mr. Chaput stated it certainly makes sense, and it is not an unreasonable request, given the number of vehicles he has and the neighbors have, the number of two car garages in the locality. He stated it is very similar to other properties.
Mr. Chaput stated, as findings, the following:
The hardship that he is looking to have an exception to is because of the unique nature and because of the corner lots and the two rear yards. He stated that, in this case, even with the variance, he is going to be within what would normally be the side yard boundary, so it is really not that much of an imposition on the neighbor because this is on a corner lot, and the neighbor would still have plenty of room.
The hardship is not a result of any prior action of the applicant, does not result in greater financial gain for him. It is really to accommodate his vehicles and make life more livable for his family.
The granting of the request will not alter the general characteristics of the surrounding area, as the Planning Board has informed this Board, and it just makes sense in the light of the other properties around him.
The relief to be granted is the least relief necessary. It makes sense, given the size of the property, the fact that it is a substandard lot of record, to put it just where it is.
Mr. Chaput stated, therefore, that he would recommend the Board grant the variance. The motion was seconded by Mr. McGrath. Mr. McCoy then took a vote on the motion. Mr. McGrath, Mr. Craveiro, Ms. Guadagni, Mr. Chaput and Mr. McCoy all voted in favor of the motion. THE MOTION WAS APPROVED 5‑0.
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23‑07. Anthony Desmarais (Desmar Real Estate Ventures) of 5 Oak Valley Lane, Harrisville, RI 02830, has petitioned this board for a Dimensional Variance for relief of maximum lot coverage to construct a single‑family residence. Article 18‑2, Section (a). Described as Assessor's Plat 006, Lot(s) 0146, and Designated Zone R‑1. Located at 83 England Street, Cumberland, RI 02864.
Attorney Scott Partington came forward to represent the applicant in this matter. Mr. Partington stated that this is a dimensional variance only for lot coverage and area, where there is a preexisting, nonconforming lot of record. Mr. Partington stated that most people know from living here that that is generally the way it is in that area of town, and very rarely do you see a situation where, under these conditions, the only request for a variance is lot coverage, and only lot coverage, for the structure itself, as opposed to the asphalt, which in Cumberland is also part of the lot coverage calculation. He further stated that what Desmar Realty has done in this instance, they have agreed that they are going to put pervious material down for the driveway and also the deck; and the structure itself is the 23 percent, which is the three percent, or 3.8, which is the three percent over the 20 in R‑1 with sewer and water. He stated that he added the additional two percent, just out of an abundance of caution, because there is also what appears to be like a bulkhead out in the back. Mr. Partington stated he just wanted to make sure that was covered, again out of an abundance of caution, and that is why the 25 percent is requested above the 23.8 that is indicated on the plan.
Mr. Partington stated that he had the principal of Desmar Realty here this evening, and he believed there are plans in the Board's package for the house itself. He stated he knew there are the usual questions from the Board as to the type of structure that is going to be built; and, as a matter of fact, in this instance the owner of the property is the actual builder. Mr. Partington then asked the builder, Mr. Anthony Desmarais, to come forward to speak.
Mr. Desmarais came forward, was sworn, and testified in favor or this dimensional variance.
After Mr. Desmarais testified, Mr. McCoy asked if anyone else wanted to be heard on this matter. Mr. Joseph Jeannotte, of 87 England Street, Cumberland, came forward, was sworn, and testified against the granting of this application. Mr. Jeannotte stated that overall this could be detrimental to the property value at some point, maybe not today, maybe not tomorrow, but probably in the future, so he was not in favor of the variance. He also stated that if he were purchasing a house today, he may be less inclined to purchase the house that he did 23 years ago.
No one else came forward to speak in this matter. After hearing, Mr. Chaput made a motion to grant a variance of somewhere between 3.8 and five percent lot coverage, out of an abundance of caution, as Mr. Partington says, because the builder has made the point that this is a realistic building to put on that lot, and we know that he can do so.
Mr. Chaput stated that, in terms of the standards, Mr. Partington again has done the work for him. Mr. Chaput stated he has done an excellent summary of each standard and how this property meets those standards, and Mr. Chaput stated he believed it is the least relief necessary, and it meets all the other dimensional requirements. Therefore, Mr. Chaput recommended and made a motion to grant the variance. Mr. McGrath seconded the motion.
Mr. McCoy stated that, as far as discussion, the only thing he would add is that it seems that the proposed building footprint is certainly smaller than the houses across the street. Mr. McCoy stated on this Board we take things on a case‑by‑case basis, but the houses in the area the immediate area is certainly something this Board always considers. Mr. McCoy stated they do have a right to build this house, and the fact that they are not looking for side yard variances also makes a difference. Mr. McCoy stated he would echo what Mr. Chaput said.
Mr. McCoy then took a vote on the motion. Mr. McGrath, Mr. Craveiro, Ms. Guadagni, Mr. Chaput and Mr. McCoy all voted in favor of the motion. THE MOTION WAS APPROVED 5‑0.
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23‑06. Kevin M. Joyce, of 200 Cato Street, Woonsocket, RI 02895, has petitioned this board for a Dimensional Variance for relief of minimum side yard setbacks and maximum lot coverage for the purpose of constructing a single‑family residence. Article 18‑2, Section (a). Described as Assessor's Plat 063, Lot(s) 0115, and Designated Zone R‑1. Located at 62 Pine Road, Cumberland, RI 02864.
Mr. McCoy stated that the Board is going to take a couple of minutes, and he is to recuse himself; and the Board will take up the next matter. Mr. Chaput then took over as acting Zoning Board Chairman for this matter.
Mr. Kevin Joyce came forward to represent himself on this request, was sworn, and presented his case to the Zoning Board. Mr. Chaput said welcome back to Mr. Joyce and that this Board has seen him before. Mr. Chaput stated that things are a little different now, and he asked Mr. Joyce to tell the Board what is going on.
Mr. Joyce stated that he did not get the paperwork in in time to extend the variance, and so that is why he was coming back in. Mr. Joyce stated that, in the meantime, he had gotten a violation from DEM which he is working on now. He stated he was scheduled to be out there on the 17th of August for a restoration of the wetlands that were disturbed.
Mr. Chaput stated that that was not submitted as part of the application, so the Board did not really have a chance to look at it and digest it. Mr. Chaput stated that he knew there was a piece of it that came to the Board today, and he did not have the entire document; and it looks to be pretty extensive. Mr. Chaput asked Mr. Joyce how much of the work they required him to do to bring the property into compliance he had actually accomplished. Mr. Joyce stated that it is like 2300 square feet, but they have already been out there. He stated he met with them and, they are going to start it next Thursday on the 17th for the restoration. Mr. Chaput stated to Mr. Joyce that he had not really done the work then, and Mr. Joyce answered that they had not done the work yet, but they are going to do it under the watchful eye of DEM. Mr. Chaput stated that he understood that, but the last time Mr. Joyce had received the variance this Board gave him those variances because of a number of factors, and the year that he had to execute those variances passed. Mr. Chaput asked, with all this work still to be done, if Mr. Joyce thought now was the best time to go forward.
Mr. Joyce answered yes. Mr. Chaput asked him why, and he answered so he could complete the work and go ahead and build a house.
Questioning ensued by Members of the Board of Mr. Joyce. After questioning, Mr. Chaput asked if anyone else wanted to be heard in this matter to come forward.
Several people came forward to speak against the granting of this application. The first to speak was Lisa Towner, of 92 Little Pond County Road. Ms. Towner stated that a significant amount of alterations were done on the property that were not supposed to be done. She stated she has a copy from DEM that shows what he has to restore, and she did not see how a house could even be put there once he restores this. Ms. Towner also asked why the Board has a variance now, where he does not even have the house plans to even look at.
Other people testifying against the granting of this application were Randy Tuomisto, the President of the Cumberland Trust; Joe Pailthorpe, a Board Member of the Land Trust; and David Raposa, of 534 Pine Road.
During discussion by the Board, Ms. Emerson asked if the Board could get an overlay of the plans on the property after the reparations, so the board could see how it fits. She stated the Board would need to see how it fits on that lot in order to make a decision.
Mr. Skwirz answered that it is kind of a chicken and egg issue which comes up any time you need to get approval from both the State and local bodies, which is you want to see where DEM wants the house to go, and DEM also wants to see where you want the house to go. He stated somebody has to go first; and, generally, the local Board goes first. He stated that what happens is, if the Board grants the variance, it is granted within certain parameters that the Board feels are appropriate from a zoning perspective. He stated that, if they need to relocate and ask for a greater variance based on what DEM wants, they are going to have to come back; and, if they can satisfy DEM by not increasing any of the variances, then they would not have to come back.
Mr. Chaput then stated that the Board would be looking for a postponement for at least one month. Mr. Chaput stated to Mr. Joyce that, if he needed more time than that, he could ask the Board for a postponement beyond the month of September.
Mr. McGrath then made a motion to extend the meeting to September. Mr. Alger seconded the motion. Mr. McGrath, Mr. Alger, Mr. Craveiro, Ms. Guadagni, and Mr. Chaput all voted in favor of the motion. THE MOTION WAS APPROVED 5‑0.
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Mr. Chaput stated that is the last item on the agenda tonight, and he stated he would entertain a motion to adjourn. Ms. Emerson so moved the motion to adjourn. Ms. Guadagni seconded the motion. THE MOTION WAS APPROVED 5‑0.
(THE MEETING ADJOURNED AT 7:22 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 August 9, 2023.
Andrew J. D'Angelo
ANDREW J. D'ANGELO,
Court Reporter
(Signed Electronically)