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 13, 2023 AT 7:00 P.M.
ZONING BOARD MEMBERS PRESENT WERE THE FOLLOWING:
John McCoy, Chairman
Robert Chaput, Vice‑Chairman
Mike McGrath
Joseph Craveiro
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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Mr. McCoy stated the Board has some minutes from the August 9th meeting, and he asked for a motion to accept the minutes. Mr. McGrath made a motion to approve the minutes, and Mr. Chaput seconded the motion. Mr. McGrath, Mr. Craveiro, Mr. Alger, Mr. Chaput and Mr. McCoy all voted in favor of the motion. THE MOTION WAS APPROVED 5‑0.
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Mr. McCoy then stated that there are two matters on tonight, and he would be again recusing himself from the Joyce matter, 23‑06. He stated the Board would be taking up the other matter first, which is 23‑08, the Hawkins matter.
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23‑08. Todd Hawkins and Barry Cormier, Trustees, of 104 Pollet Street, Cumberland, RI 02864, have petitioned this board for a Dimensional Variance for relief of minimum side and rear yard setbacks and maximum lot coverage to build a shed. Article 18‑2, Section (a). Described as Assessor's Plat 010, Lot(s) 0274, and Designated Zone R‑1. Located at 104 Pollet Street, Cumberland, RI 02864.
Mr. Partington stated at the outset that he knew it was going to be read into the record, but Mr. Modica has given a real detailed not only written but also a visual depiction of what is going on on the site and what the applicants in this instance want to accomplish. Mr. Partington stated that Mr. Modica noted that this is a preexisting nonconforming lot of about 9400 square feet in a very densely‑populated area, which is the Meadowcrest Plat. Mr. Partington stated there is an existing single‑family on the property; and, if you looked at the aerial photos, there is a deck at the rear of the house which is in a state of disrepair, which is part of what is going on with the addition of this storage building or structure. He stated that is going to be cleaned up, and it is going to be repaired; and that is going hand‑in‑hand with, hopefully, the approval that is received tonight.
Mr. Partington stated there were three variances requested. He stated this is a 240‑foot square foot shed, 10 to 12 feet high; and there is a rear dimensional variance required in the rear yard, where 25 is required; and they have asked to go down to five. He stated with the side yard there was also the variance request, and there was also a lot coverage request. Mr. Modica also stated that they give the applicant the 320 feet on the driveway, which actually reduced it, so from an advertisement standpoint they should be good.
Mr. Partington stated that he knows that the report also indicates the fencing to the rear, and it is the slat sort of fence. He stated there is more of a visual of the shed from the rear lot.
Mr. Partington stated that the Planning Board had made a suggestion, although there was a positive recommendation, that they go out eight to 10 feet as opposed to the five off the back yard.
Mr. Partington stated that Mr. Cormier is present, and he is a bit adverse to public speaking, so he told him he would try to limit him as much as possible; but, if the Board has questions, he would certainly be willing to try to answer those.
After further discussion, Mr. Partington presented Barry Cormier as a witness. Mr. Cormier came forward, was sworn, and testified in favor of his request.
No one else came forward to speak either in favor or against this request.
After hearing, Mr. Chaput made a motion to approve the dimensional variances as requested in the application; namely, a side yard variance of five feet and a rear yard variance of 20 feet to allow the applicant to construct his 240‑square‑foot shed.
He stated that the Board should allow a lot coverage variance for that same purpose, for that 240 square feet of additional coverage; and that would increase the lot coverage by about one‑and‑a‑half percent.
Mr. Chaput stated that the reasons for the variance, as the Board discussed and as Mr. Partington so eloquently put in his memorandum, are as follows:
It meets all the standards that are currently in place, with a little bit of a stretch on the standard for the least relief necessary; but the Board understands, based on the coming legislation, that it would probably be unfair to him to not grant the variance that he is looking for, simply because in a couple of months it will be nonconforming when the new ordinance is in effect.
Mr. Chaput stated, therefore, that he recommended the Board approve the variances as stated in the application. Mr. McGrath then seconded the motion. Mr. McCoy then took a vote on the motion. Mr. McGrath, Mr. Craveiro, Mr. Alger, 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 the Board is going to take just a couple of minutes. Mr. McCoy stated he is going to recuse himself, and then the last matter will be taken up. Mr. McCoy then left the meeting, and Mr. Chaput took over as acting Zoning Board Chairman for this matter.
Mr. Joyce came forward and was sworn.
Mr. Chaput stated to Mr. Joyce that, since the last time, he had submitted some additional house plans; and he asked Mr. Joyce if that was the house he planned to construct on the property, and Mr. Joyce answered yes. Mr. Chaput stated that, as he looked at the plans, the dimensions of the house are smaller. Mr. Chaput stated that the old house was 30 X 44, and this one is 30 X 36. Mr. Joyce stated that was correct. Mr. Chaput stated that would be 240 square feet that Mr. Joyce would no longer need as lot coverage, and Mr. Joyce stated that was correct.
Mr. Chaput asked Mr. Joyce if there was anything else he wanted to tell the Board or add to the record. Mr. Joyce stated not really, that that was pretty much what he was looking for is the variance. Mr. Joyce stated that the last time they had talked about the violation that he has in place, but he did not think that that was part of what he was looking for. Mr. Joyce stated that he does have to do an extensive replication, and his plants are already there. He stated that he left a message with DEM on Friday so he could see about getting started; and they contacted him today and said that he had to go out and take some more pictures and send them to them, and then they are going to be able to start planting.
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, so the Board is really looking at the variances that Mr. Joyce has asked for.
After further discussion, Mr. Chaput asked, if anybody else wanted to be heard in this matter, to come forward.
Lisa Towner, of 92 Little Pond County Road, came forward, was sworn, and testified against this request. Ms. Towner also read a letter that she had prepared stating her reasons for objecting to the granting of the variances in this matter.
No one else came forward to speak either in favor or against this request.
After hearing, Mr. Alger made a motion to approve the variance for maximum lot coverage in the amount of 22 square feet, as well as 10 feet on the right and left side.
Mr. Alger stated that the reasons for the variance are, as follows:
The restrictions from which he seeks relief are due to the unique characteristics of the land and structure. The land is obviously an undersized lot, and it is a preexisting lot of record. There is just no other place to put this house or to locate it somewhere else.
The hardship is not the result of any prior action of the applicant and does not result from a desire for financial gain. He just wants to build a house for himself that he can use.
The granting will not alter the general characteristics of the surrounding area.
The Planning Board was very specific in saying there are other properties in the area that are similar to this, and they are the experts here.
This would not alter the general characteristics of the surrounding area, and it is the least relief necessary. Mr. Alger stated that, as you can see from the plan, it is a very modest home; and to make it any smaller just would not make it feasible to build. Mr. McGrath then seconded the motion.
Mr. Chaput then took a vote on the motion.
Mr. McGrath, Mr. Craveiro, Mr. Alger, Mr. Chaput and Ms. Emerson 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. Chaput then took a vote on the motion, and THE MOTION WAS APPROVED 5‑0.
(THE MEETING ADJOURNED AT 8:00 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 13, 2023.
Andrew J. D'Angelo
ANDREW J. D'ANGELO,
Court Reporter
(Signed Electronically)