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, JUNE 14, 2023 AT 7:00 P.M.
ZONING BOARD MEMBERS PRESENT WERE THE FOLLOWING
John McCoy, Chairman
Robert Chaput
Mike McGrath
Joseph Craveiro
Chris Alger, 1st Alt.
Diane Emerson, 2nd 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, first of all, that the Board has some minutes from April 26, 2023, when the Board was sitting as the Zoning Board of Review. Mr. McCoy asked if everyone had a chance to look at them and asked for a motion to approve. Mr. McGrath then made a motion to approve. Mr. Chaput seconded the motion. Mr. McGrath, Mr. Chaput, Mr. Craveiro, Mr. Alger and Mr. McCoy all voted in favor. THE MOTION WAS APPROVED 5‑0.
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21‑15. Kevin M. Joyce, of 200 Cato Street, Woonsocket, RI 02895, has requested a (1) year extension for the Dimensional Variance granted on February 9, 2022. Article 18‑7.
Mr. McCoy stated that the Board has one matter on the agenda tonight as a housekeeping matter, but he spoke to the Zoning Clerk; and the Board is going to have to take a look at that because that may have been something that should have been advertised, and it has been more than a year since the Board's decision on that; so the Board will hold that for tonight and take that up at the next meeting.
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23‑04. James and Jennifer Bauer, of 4224 Diamond Hill Road, Cumberland, RI 02864, have petitioned this board for a Dimensional Variance for relief of minimum area. Article 18‑2, Section (a). Described as Assessor's Plat 046, Lot(s) 0017 & 0063, and Designated Zone R‑1. Located at 4224 & 4220 Diamond Hill Road, Cumberland, RI 02864.
James Bauer came forward, was sworn, and presented his case for Dimensional Variance to the Board. Mr. Bauer stated that he was looking for consideration from the Board on the approval of the dimensional variance for the relief on the minimum area so his setbacks on his shed will be in accordance with the Town and in the future looking for a garden, too, as well. He stated that both pieces of land are nonconforming at this time; and after the exchange of the lot, if it goes through, his lot will still be the smaller of the two.
Mr. Bauer stated that all abutters are supportive of it. Mr. McCoy stated that, in fact, the neighbors, the Keavys, are co‑applicants here, and Mr. Bauer agreed. Mr. McCoy stated that why Mr. Bauer is here is because he has a nonconforming lot, but this boundary adjustment could make his lot more nonconforming. Mr. Bauer stated that they will still both be nonconforming. Mr. McCoy stated they would still be nonconforming; but one lot is going to be more nonconforming, and the other lot is going to be less nonconforming. Mr. Bauer agreed. Mr. McCoy stated that is because of the shed and asked Mr. Bauer about his shed. Mr. Bauer stated that the shed is right on the property line. He further stated that, at the time the shed was put in place, the neighbor that existing there helped him put the fence up, and he was not sure of it. Mr. Bauer stated that at one point he did reach out to Cumberland a couple of years ago and asked them how come he did not have his footage on it. He stated they suggested that he have it surveyed, which he did; but they said it looked like he had 114 feet, which he did not. He stated that he and his neighbor get along fine, and he has no problem adjusting his yard because he does not like cutting the lawn. Mr. Bauer stated that his neighbor says it is a good thing for all of us.
Mr. Mccoy asked how long the shed had been there, and Mr. Bauer answered 15 years. Mr. McCoy asked how long Mr. Bauer had been there, and he answered since '97.
Further discussion ensued between Mr. Bauer and the members of the Board. No one else came forward to speak either in favor or against this request.
After brief hearing, Mr. Chaput made a motion to grant the request to adjust the lot line of some 3500 square feet to move from Lot 17 to Lot 63, in accordance with the Applicant's request. He stated this is not a hardship as much as a consensual thing between the two landowners. Mr. Chaput stated that, really, the hardship is they are undersized lots, and they are both continuing to be undersized lots. He stated the question is which one is more nonconforming, and it really matters only to those two homeowners, both of whom want this to happen.
As findings, Mr. Chaput stated that the following:
The hardship really is due to the size of the lots and the way they are; and, since they agree to do it and the Town is agreeing to do it, there is no reason for us to deny it.
The hardship, the size the lots, is not the result of any prior action of the applicant and, in fact, does solve one dimensional problem, and that is the side lot setback for the shed. He stated that the applicant now is aware that he is in nonconformance with the rear lot and the rear setback, but that is not what this Board is doing tonight.
The granting will not alter the general characteristic of the surrounding area. The Planning Board has looked at it; they agreed with it. It has no impact on anybody other than the two landowners involved.
The relief to be granted is the least relief necessary. This makes sense. It does relieve one of the setback issues, and it allows both landowners to get what they want. One is a little bit more for a garden and to have a better setback; the other one wants less lawn to mow. They both agree, and there is no reason for us to not agree.
If the application were denied, the hardship would be more than a mere inconvenience. They want to do this, and there is no real reason for us not to allow it. Therefore, Mr. Chaput recommended the Board grant the application. Mr. McGrath then seconded the motion. Mr. McCoy then took a vote on the motion. Mr. McGrath, Mr. Alger, Mr. Craveiro, 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.
The motion was seconded by Mr. Chaput. Mr. McCoy then took a vote on the motion, and Mr. McGrath,
Mr. Alger, Mr. Craveiro, Mr. Chaput and Mr. McCoy all voted in favor of 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 June 14, 2023.
Andrew J. D'Angelo
ANDREW J. D'ANGELO,
Court Reporter
(Signed Electronically)