1. Call to Order.

                 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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2. Election of offices of the Zoning Board for 2025.

Mr. McCoy stated that this is the first meeting of 2025; and, unless anybody objects, the Board will keep all the same offices as last year.  Mr. McGrath then made a motion to approve the same offices as last year.  Mr. Chaput then seconded the motion.   Mr. McCoy then asked for all those in favor, AND THE MOTION PASSED UNANIMOUSLY. 

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25‑1. Steven Jaiman, 370 Lonsdale Avenue, Pawtucket, RI  02860, is seeking permission to operate a facility to be rented to the public like a banquet hall.  Section 4‑7, Subsection (a).  Described as Assessor's Plat 012, Lot(s) 0002, and Designated Zone I‑1.  It is located at 121 Mendon Road, Cumberland, RI  02864.

Mr. McCoy stated that, as everyone knows, this is a little bit different.  He stated that this Board does not have a Planning Board recommendation; and, because this is under the relatively new statute in the Zoning Code, that gives this Board the authority to see whether a use that is not specifically delineated is of sufficiently similar type, character or intensity.  Mr. McCoy then read this matter into the record.

Attorney Scott Partington came forward to represent Mr. Jaiman in this matter.  Mr. Partington stated this is a 1500‑plus square foot single‑story building on Mendon Road, and it was the site of Paul's Liquors for many, many years.  Mr. Partington stated he did not remember it being anything other than a retail use, and the vast majority of the properties in that area are zoned commercial. 
Mr. Partington stated that, if you picture the property right across the street, there is a strip‑type mall development, and that was in connection with a zone change that was granted back in 2015 to go to a commercial zone.  Mr. Partington stated, in essence, this is kind of out there as an industrial; and, although it is relatively near some industrial properties, it really is not suitable for industrial use.  Mr. Partington stated that, while the building may arguably be under certain circumstances, he did not think the location is. 

Mr. Partington stated that he thought the genesis of this was that Mr. Jaiman approached Mr. Enright with what he wanted to do, and Mr. Partington stated that he himself had really never heard of this.  He stated that any kind of banquet hall that he had experienced was always in connection with a restaurant.  Mr. Partington stated that Mr. Jaiman came in and said that he just wanted to have a facility that he could rent out; that there would be no kitchen, no refrigeration, and everything would be brought in from the outside.  Mr. Partington stated that he stated to Mr. Jaiman that would be okay, as long as he could explain it and do anything that he needed to do to clear with the State with respect to whatever else may be needed.  Mr. Partington stated that Mr. Enright looked through the code, and the closest thing he could come to was a restaurant because it says an eating or drinking establishment, excluding entertainment. 
Mr. Partington stated that he asked Mr. Jaiman if he intended to have any entertainment, and he said no. 

Mr. Partington stated Mr. Jaiman has a lease that he is ready to sign for the property, and these are young people who are looking to start a business in Cumberland.  Mr. Partington stated that he really thought, in this instance, given what they want to do and given the definition such as it is of a restaurant, that it is of a similar type, character and intensity as a restaurant.  Mr. Partington stated, a matter of fact, it may be, depending on the circumstances, a little less of an intensive use. 

After further discussion, Mr. Partington presented Steven Jaiman as a witness.  Mr. Jaiman came forward, was sworn, and Mr. Partington questioned him as to his intentions for the use of this property.  Mr. Jaiman testified in detail about how he intended to use the property.  No one else came forward to speak in this matter.

After hearing, Mr. Chaput made a motion to grant a special use permit to the applicant.  Mr. Mr. McCoy stated it would not be a special use permit, and he asked Mr. Skwirz how he would word the motion. 
Mr. Skwirz stated it would be just a finding that the use would be similar in type, intensity and character to a restaurant, or whatever use the Board would find that it is similar to.

Mr. McCoy stated to Mr. Chaput that it could be citing the statute 4‑7(a), and based on the testimony, that the Board would find it is of similar type, character and intensity to the list of uses, particularly a restaurant, with the conditions that the applicant has already agreed to which the Board would find appropriate.  Mr. Chaput then stated that, based on Mr. McCoy's discussion and the section that he quoted, he recommended that the Board make that kind of adjustment to allow the applicant to run, essentially, a rental of premises business for various gatherings, but with a couple of conditions the Board would want to put on that approval. 

Mr. Chaput stated that, first of all, there will be no alcohol that would be brought in or served at that location; that, prior to any activity, the Fire Department be consulted as to the capacity of that building for guests; and that the activities that are going to be taking place there would be done indoors, inside the facility.  Mr. Chaput also stated that, with that, the Board would think that Use Code 78 as a restaurant is probably as close to what the Board would be looking for as possible.

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, with that being the only matter, he asked for a motion to adjourn.  Mr. McGrath then made a motion to adjourn.
The motion was seconded by Ms. Guadagni. Mr. McCoy then asked for all those in favor, AND THE MOTION TO ADJOURN PASSED UNANIMOUSLY. 

(THE MEETING ADJOURNED AT 7:34 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 January 8, 2025.

Andrew J. D'Angelo

ANDREW J. D'ANGELO,

Court Reporter

(Signed Electronically)