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, OCTOBER 11, 2023 AT 7:00 P.M.
ZONING BOARD MEMBERS PRESENT WERE THE FOLLOWING
Robert Chaput, Acting 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
Kevin Joyce, Building Inspector
Dolly Rousseau, Zoning Clerk
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Mr. Chaput called the meeting to order at 7:00 p.m., and all the Members of the Board listed above were present.
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At the beginning of the meeting, Mr. Chaput stated that Mr. McCoy would not be present tonight, and he would be Chairing the meeting tonight.
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Mr. Chaput stated that the Board does have the minutes from the prior meeting, and he stated he would like to point out where he probably misspoke. He stated it is on on Page 4 of the minutes, starting Line 23, where it states, "Mr. Chaput stated that he believed Mr. Skwirz told the Board last month that those matters are separate; and before he could build a house he did not have to satisfy DEM anyway." Mr. Chaput stated that, to clarify, that he would have to satisfy DEM anyway, because obviously the two things are not related. It is not this Board's issue, but the DEM requirements would be necessary.
Mr. Chaput asked if there would be any other changes to the minutes, and no one responded. Mr. McGrath then made a motion to approve the minutes from the last meeting, and Mr. Craveiro seconded the motion. Mr. McGrath, Mr. Craveiro, Ms. Guadagni, Mr. Alger and Mr. Chaput all voted in favor of the motion. THE MOTION WAS APPROVED 5‑0.
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23‑09. Jake D'Amico, Esquire and John E. Shekarchi, co‑counsels, of 51 Jefferson Blvd., 4th floor, Warwick, RI 02888, have petitioned this board for a Dimensional Variance for relief of minimum side yard setback and maximum lot coverage for the purpose of constructing a single‑family residence. Article 18‑2, Section (a). Described as Assessor's Plat 053, Lot(s) 1003, and Designated Zone R‑1. Located at 88 Weeks Street, Cumberland, RI 02864.
Attorney John Shekarchi came forward to present this request for relief of minimum side yard setback and maximum lot coverage. Mr. Shekarchi stated that he was present this evening for the applicant and owner of the property, which is Steve Girard Building and Remodeling, LLC. Mr. Shekarchi stated that Mr. Girard puchased the lot a few months back under the understanding that he had a lot of record.
Mr. Shekarchi stated this is somewhat of a unique case; and in his 25‑year career as a developer, and he thought he built 50 houses in this community, this is the first time that the Town is taking the position that on a record lot they would still have to seek a variance. Mr. Shekarchi stated that, previously, they just had to meet the setbacks, and the lot had to be recognized. Mr. Shekarchi stated, putting that aside, they were more than happy to present this evening and still feel they can meet the burdens.
Mr. Shekarchi stated they are seeking dimensional relief, also known as deviations under case law precedent, to build a single‑family home. He stated it would be a modest home of 26 X 42, very similar to many of the other homes in that neighborhood. He stated that it is in harmony with the purpose and intent of the neighborhood and the Comp. Plan, using this property for a single‑family.
Mr. Shekarchi stated they are specifically seeking relief from square footage. He stated that the relevant zone is an R‑1, which requires 25,000 square feet. He stated they have four in their record lot, so they would seek a 21,000 square foot variance for that.
Mr. Shekarchi stated that lot width is a hundred under the code, and they have 40, which would require 60 feet of relief. He stated that the side is 10 and they have seven, so it is specifically a three and one‑foot variance, respectively. He stated that lot coverage is close at 20 percent, and they are at 25.2, which the staff has calculated as 208 square feet.
Mr. Shekarchi stated that the relief they seek is directly related to the grandfathered nature of this recorded lot of record. Mr. Shekarchi stated they did not create the hardship. It was created prior to zoning coming into effect. He further stated that they feel that, as staff does, that they meet all the burdens. He stated they did not create the hardship, and they are in harmony with the purpose and intent.
Mr. Shekarchi also stated that he felt it is the least relief necessary, based on the neighborhood and the size of the lot; and it is not primarily their intent to have a financial gain. He stated their primary benefit and purpose and intent is to enjoy the permitted beneficial use.
Mr. Shekarchi stated that the staff gave them a positive recommendation, and one of the conditions was for them to recognize they have to improve the road to the standards per the Town's specifics for the whole frontage. Mr. Chaput then asked if they would be doing the improvement to the road, and Mr. Shekarchi stated that they are. He stated that the applicant is well aware of that, and he would engineer it accordingly and do whatever the Public Works requires.
During discussion, Mr. Craveiro stated he had a question on the proposed plans. He stated the dimensions published are 24 X 42, and Mr. Shekarchi mentioned 26 feet. Mr. Shekarchi stated he could not read that from the plan. Mr. Shekarchi thanked Mr. Craveiro for the correction and that he would like to correct the record. Mr. Shekarchi stated he could not tell because it was a little smudged, but the dimensions are what is on the plan.
After hearing, Mr. Chaput asked that, if anyone wanted to be heard in the matter, to come on up. Kim Keenan, of 82 Weeks Street, came forward in person, was sworn, and testified against the granting of this application. She stated that her husband and several of her neighbors were also on‑line to speak in this matter.
Other people were brought forward on the Zoom platform. They were all sworn as witnesses, and they all spoke against the granting of this application. Among them were Joe Janeiro, of 82 Weeks Street; Laurie Harthan, of 86 Weeks Street; and Zoltan Fagyal, also of Weeks Street.
After hearing, Mr. Alger made a motion to approve the variance for the three‑foot side line setback on one side, the one‑foot setback on the other side, as well as a maximum lot coverage variance of 5.2 percent, in accordance with the Applicant's request.
Mr. Alger stated, as reasons for approving this request, the following:
The restrictions from which he seeks relief are due to the unique characteristics of the land. The land is obviously an undersized lot. It is a preexisting lot of record. There is no other place that they could put this house on this lot.
The hardship is not the result of any prior action by the applicant, does not result from any desire for greater financial gain. He just wants to use the property that he owns and build a home there.
The granting will not alter the general characteristics of the surrounding area. The Board has heard from the Planning Board that there are a number of homes on the street that have the exact same dimensions, 24 feet across. It is obviously an area of undersized lots, or shotgun ranches; and it is not going to be outside of the norm in the area, and it is a fairly modest home here.
It is the least relief necessary. Mr. Alger stated that, you can see from the plan, it is a modest home; and he did not see how they could decrease the size and make it a home that is going to be reasonable to build.
Mr. McGrath then seconded the motion. Mr. Chaput then took a vote on the motion. Mr. McGrath, Mr. Alger, Mr. Craveiro and Ms. Guadagni and Mr. Chaput 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. Ms. Guadagni 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.
(THE MEETING ADJOURNED AT 7:48 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 October 11, 2023.
Andrew J. D'Angelo
ANDREW J. D'ANGELO,
Court Reporter
(Signed Electronically)