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, FEBRUARY 8, 2023 AT 7:00 P.M.
ZONING BOARD MEMBERS PRESENT WERE THE FOLLOWING
John McCoy, Chairman
Mike McGrath
Joseph Craveiro
Robert Chaput
Rachael Guadagni
Diane Emerson, 2nd Alt.
(Arrived shortly after the meeting started.)
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 7:05 p.m., and all the Members of the Board listed above were present, except for Diane Emerson, who arrived shortly after the meeting started.
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Mr. McCoy stated the Board has one matter on the docket tonight, but the Board has some minutes from the last meeting which was December 14th, 2022, and he asked for a motion to approve. Mr. McGrath then made a motion to approve the minutes from the December 14th meeting. Mr. Craveiro seconded the motion, AND THE MOTION WAS APPROVED 5‑0.
Ms. Emerson then entered the hearing room and sat with the Zoning Board.
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Mr. McCoy stated that, since this is the first meeting of the year, the Board would need to elect offices. Mr. McGrath then made a motion to keep the same offices as last time. Mr. Craveiro seconded the motion. Mr. McCoy then took a vote on the motion, and THE MOTION WAS APPROVED 5‑0.
Therefore, the current offices of the Zoning Board were again elected as the offices for 2023.
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22‑15. Daniel T. Carr, of 7 Winnatuxett Beach Road, Mattapoisett, MA 02735, has petitioned this board for a Dimensional Variance for relief of minimum front yard setback. Article 18‑2, Section (a). Described as Assessor's Plat 066, Lot 0090, and Designated Zone R‑1. Located at 330 Scott Road, Cumberland, RI 02864.
Attorney Scott Partington came forward to represent Mr. Carr on his request for Dimensional Variance. In support of this request, Mr. Partington presented Daniel Carr as a witness. Mr. Carr stated during his testimony that he is the applicant, and his nephew Nathan is the owner of the property.
Mr. Partington asked Mr. Carr to explain to the Board briefly the issues that he encountered when designing the house and why he wanted to approach the Board for this relief. Mr. Carr stated that the piece of land he purchased was undersized, and the previous owner of the land went through DEM and established the well and the septic design and also the size of the building; and that was the only place within inches that it could be, according to the Rhode Island Department of Environmental Management. He stated there is a a stream that is decently far away, and then one of the abutter's wells is a certain distance away, so they had to put the septic more to the center of the property because it would be too close to his well. Mr. Carr stated that they had an engineer go through it, and that was his finding, that that was the only footprint they could use for the building of this home.
Mr. Partington also asked if the original lot itself was actually increased in size with the merger with a contiguous lot, and Mr. Carr answered yes. Mr. Partington further asked if that would now bring the lot to about 10,330 square feet, and again
Mr. Carr answered yes. Mr. Partington then concluded his questioning of Mr. Carr.
Discussion then ensued between the Board Members, Mr. Partington and his client.
After discussion, Mr. McCoy asked if there there was anyone else here who wanted to be heard on this matter, and no one responded. Mr. McCoy then asked if there was anyone in the queue on the Zoom platform, and Mr. Skwirz answered there was not.
After brief hearing, Mr. Chaput made a motion to grant a front yard dimensional variance for the property at Assessor's Plat 66, Lot 90, per their application. He stated they need a variance of 32.6 feet to allow them to build a single‑family house 17.4 feet from the front lot line.
Mr. Chaput stated the applicant has met the standards that the Board requires in order to give that kind of a variance.
As the findings of fact for the motion, Mr. Chaput stated the following:
The restriction from which they seek relief is due to the unique characteristic of the land. It is rocky and it is small, and it has some drainage issues; and this is really the only place on that lot, a lot which, in fact, has been extended, that a residence can really be put.
It is not due to any physical or economic disability of the applicant.
The hardship is not the result of any prior action of the applicant. The applicant did not put the rocks there and did not put the water there.
If this property is to be built at all, it has to be built where it is proposed.
It does not result primarily from the desire of the applicant for financial gain. As a preexisting nonconforming lot, someone has a right to build there, so it is not so much for financial gain. It is realistic that a home be built on that property by right. This, in fact, is about as small a building as you could possibly put, 18 feet wide; and this is not looking to build a large, extravagant home. This is a minimal size home that makes sense on that property.
The granting will not alter the general characteristics of the surrounding area. As the Board heard, there are other properties in the area with similar configuration, close to the road, so it is not going to not fit into that area.
The relief to be granted is the least relief necessary. This is the only place realistically where the house may be built.
If the application were denied, the hardship would be more than a mere inconvenience. It would seem that you could not build a property on that lot, and that is not the intent of the Zoning Ordinance.
Mr. Chaput stated, therefore, that he would recommend the variance be granted, subject to the appropriate approval from DEM to make sure that the septic location and the drainage and those approvals are updated appropriately.
Mr. McGrath then seconded the motion, and 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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Mr. McGrath then made a motion to adjourn. Mr. Craveiro seconded the motion. Mr. McCoy then took a vote on the motion, and THE MOTION WAS APPOVED 5‑0.
(THE MEETING ADJOURNED AT 7:25 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 February 8, 2023.
Andrew J. D'Angelo
ANDREW J. D'ANGELO,
Court Reporter
(Signed Electronically)