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 9, 2024 AT 7:00 P.M.
ZONING BOARD MEMBERS PRESENT WERE THE FOLLOWING
John McCoy, Chairman
Robert Chaput
Mike McGrath
Joseph Craveiro
Rachael Guadagni
Diane Emerson, 1st Alt.
Chris Alger, 2nd Alt.
ALSO PRESENT
Peter Skwirz, Esquire, Counsel to the Zoning Board
Kevin Joyce, Building Inspector
Dolly Rousseau, Zoning Clerk
Mr. McCoy 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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Mr. McCoy stated the Board has minutes from October 11, 2023, and he asked for a motion to approve the minutes. Mr. McGrath then made a motion to approve the minutes. The motion was seconded by Mr. Chaput. Mr. McCoy then took a vote on the motion, and THE MOTION WAS APPOVED 5‑0.
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Mr. McCoy stated that, technically, the Board has to do housekeeping for the offices because this is the first meeting the Board has had this year. Mr. McCoy asked if the Board wanted to keep the same offices, or did anyone else want to run. Mr. McGrath then made a motion to keep the same people for offices of the Board. Mr. Chaput then seconded the motion. Mr. McCoy then took a vote on the motion, and THE MOTION WAS APPOVED 5‑0.
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24‑1. Kevin M. Joyce, of 200 Cato Street, Woonsocket, RI 02895, has requested a (1) year extension for the Dimensional Variance granted on September 13, 2023. Article 18‑7.
Mr. Joyce was present to present his request for extension to the Board. Mr. Joyce stated he met with DEM and gave them all his paperwork. He stated that, as of July 15th, 2024, the program cannot be extended past that, so he was past that mark. Mr. Joyce stated he was just waiting for Marty Wencek to approve it on his end. Mr. McCoy then asked Mr. Joyce if he was just waiting for DEM approval on their end and then he would be ready to go, and
Mr. Joyce answered yes.
After further brief discussion, Mr. Chaput made a motion to approve the one‑year extension. He stated that it is a fairly routine matter that the Board gives an extension for one year. Mr. McGrath then seconded the motion. Mr. McCoy then took a vote on the motion, and THE MOTION WAS APPOVED 5‑0.
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24‑2. Robert Lanoie, of 279 Abbott Run Valley Road, Cumberland, RI 02864 has petitioned this Board for a Dimensional Variance for relief of minimum front yard setback on a corner lot for installation of a pool. Article 18‑2, Section (a). Described as Assessor's Plat 026, Lot(s) 0237, and Designated Zone R‑1. It is located at 279 Abbott Run Valley Road, Cumberland, RI 02864.
Mr. Robert Lanoie came forward, was sworn, and presented his case for Dimensional Variance to the Board. Mr. Lanoie stated that, basically, he was looking to do an in‑ground pool. He stated that, with the setbacks from the leach field and the septic tank and the setback from the road and his neighbor's property, it really gives him a slim margin of space to put an adequate size pool. He stated he was just asking for a standard 18‑foot wide by 30‑foot long pool. Mr. Lanoie stated that, without the variance, it would just be too narrow to come up with anything feasible to use as a swimming pool. He stated that the seven feet of relief would allow him to have the adequate size pool which, unfortunately, because it is a corner lot, he has to go through this variance, where neighbors of his that do not have corner lots obviously can have a shorter setback.
Mr. McCoy stated that he could see on the plan the setback from the leach field and existing septic tank, and those are the reasons that he cannot put it on the other corner in the back. Mr. Lanoie stated that was correct; that, ideally, if that was not the case, directly behind the house would be the most ideal spot for it; but, with his circumstance, they were able to find that one area of the property where the pool would be; and, aesthetically, it would also look nice for the rest of the neighborhood.
No one else came forward to speak on this request.
After brief hearing, Mr. Chaput then made a motion to grant the request for Mr. Lanoie's variance to allow him to construct a swimming pool in the location that he shows on the plans that he has submitted. Mr. Chaput stated it is certainly a sensible location for it, given the leach field and septic tank; and it is the only realistic place that he can put it. Mr. Chaput stated that, technically, because it is a corner lot, there are two front yards; but Mr. Chaput stated that anyone would recognize that Abbott Run Valley Road is the primary road in this area, and that is really where the front of the house is.
In terms of the standards, Mr. Chaput stated the following:
The restriction from which he seeks relief is due to the unique characteristics of the land, that being a corner lot; not due to the economic or physical disability of the applicant; not the result of any prior action that he has taken and is not done for his financial gain. It is really to enjoy the use of a pool similar to that of many of his neighbors.
The granting will not alter the general characteristics of the surrounding area, as the Planning Board has told us in a recommendation and a unanimous vote to approve it.
The relief granted is the least relief necessary. As he has demonstrated to the Board, this is the only realistic place that he could place the pool on that lot.
Finally, if the application were denied, the hardship would be more than a mere inconvenience. He would not be able to do what he really is entitled to do. Therefore, Mr. Chaput recommended approval of the variance. Mr. McGrath then seconded the motion.
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 APPOVED 5‑0.
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Mr. McCoy stated that was it for the night and asked for a motion to adjourn. 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 THE MOTION WAS APPOVED 5‑0.
(THE MEETING ADJOURNED AT 7:19 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 9, 2024.
Andrew J. D'Angelo
ANDREW J. D'ANGELO,
Court Reporter
(Signed Electronically)