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, APRIL 8, 2026 AT 7:00 P.M.
ZONING BOARD MEMBERS PRESENT WERE THE FOLLOWING:
John McCoy, Chaiman
Robert Chaput, Vice‑Chairman
Mike McGrath
Joseph Craveiro
Rachael Guadagni
Diane Emerson, 1st Alt.
Chris Alger, 2nd Alt.
ALSO PRESENT
Peter Skwirz, Esquire,
Counsel to the Zoning Board
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There was a delay in starting the meeting because the Zoom platform was unable to be started due to a new password being used; therefore, Mr. McCoy called the meeting to order at 7:36 p.m. All the Members of the Board listed above were present.
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Mr. McCoy stated, because this is the first meeting of the year, he asked for a motion to continue the same offices. Mr. McGrath then made a motion to continue with the same offices.
Mr. Craveiro seconded the motion. Mr. McCoy then took a vote on the motion. Mr. Chaput, Mr. Craveiro, Ms. Guadagni, Mr. McGrath and Mr. McCoy all voted in favor of the motion. THE MOTION WAS APPROVED 5‑0.
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Mr. McCoy stated that the Board has some minutes from November 12, 2025. He stated, if everyone has had a chance to read them, he would ask for a motion to approve. Mr. McGrath then made a motion to approve the minutes. Mr. Chaput seconded the motion.
Mr. Chaput, Mr. Craveiro, Ms. Guadagni, Mr. McGrath and Mr. McCoy all voted in favor of the motion.
THE MOTION WAS APPROVED 5‑0.
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26‑1. David J. Barboza, of 11 Tower Hill Road, Cumberland, RI 02864, has petitioned this board for a Dimensional Variance for relief of the minimum side yard setback. Article 18‑2, Section (a). Described as Assessor's Plat 046, Lot(s) 0007, and Designated Zone A‑1. It is located at 11 Tower Hill Road, Cumberland, RI 02864.
Mr. David Barboza came forward, was sworn, and presented his request for Dimensional Variance to the Board. Mr. Barboza stated that he would be building an ADU adjacent to the present residence for his mother‑in‑law and then maybe for himself down the road. He stated it would be just a small single bedroom, kitchen, and open living space.
Mr. McCoy asked why he would be putting the addition where he was putting it. Mr. Barboza stated it was the most practical space aesthetically and for the practicality of the utilities and whatnot.
Mr. McCoy asked if there were any restraints on putting it anywhere else. Mr. Barboza stated that he thought the only other place that would be viable would be behind the garage, and that encroaches on some wetland concerns; so, this was the best choice, to put it on that side.
Mr. McCoy stated he did not believe anyone else was present in this matter, and no one else came forward to speak in this matter.
After brief hearing, Mr. Chaput made a motion to grant the side yard variance of 24.6 feet to allow Mr. Barboza to construct the ADU as it is shown on his plans.
As findings of fact, Mr. Chaput stated the following:
The hardship he is looking to get an exception to is because of the unique characteristics of the land. Even though it is a very large lot, because of the wetlands there and the buffer zone, there are very few places where realistically he could put that addition. Mr. Chaput stated he thought he has chosen the right place.
The hardship is not the result of any prior action. He is trying to build an ADU which we are encouraging people to build nowadays to accommodate additional housing; so, it seems to be a good idea and in the right place.
The granting of the variance will not alter the general characteristics of the surrounding area. This is a lot that happens to be zoned A‑1, but all the lots around it really are not; but, really, it is consistent with the rest of the neighborhood.
The Planning Board gives it a clear bill of health and recommends it is consistent with the Comprehensive Plan.
Mr. Chaput stated, therefore, the Board would have no objection to granting the variance, and he recommended that the Board do that. Mr. McGrath then seconded the motion.
Mr. McCoy then took a vote on the motion.
Mr. Chaput, Mr. Craveiro, Ms. Guadagni, Mr. McGrath and Mr. McCoy all voted in favor of the motion. THE MOTION WAS APPROVED 5‑0.
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26‑2. Kyle Aussant, of 4 Kazan Street, Cumberland, RI 02864, has petitioned this board for a Dimensional Variance for relief of the minimum rear yard setback. Article 18‑2, Section (a). Described as Assessor's Plat 046, Lot(s) 0056, and Designated Zone A‑2. It is located at 1 Grants Mill Road, Cumberland, RI 02864.
Mr. Kyle Aussant came forward, was sworn, and presented his request for Dimensional Variance to the Board. Mr. Aussant testified that he was looking for a 10‑foot variance on what they are considering the back side of his lot. He stated it is a large lot but a very unique structure, where it runs on a 45‑degree angle, the side lot into the back lot.
He stated they have wetlands on the front of the property, and DEM granted him a 10‑foot variance off the front to help accommodate the house; but, by getting that 10‑foot variance, he needed to push the lot slightly to the left of the property to make it fit off the front which required him to have this slight variance off the back. He stated they were not able to go directly back to the extremely large piece of ledge, and this was the best case for it, which was to go in this direction. He stated there is nobody on the back side of that property, and he believed it is a vacant lot owned by one of the neighbors. Mr. Aussant stated this would not impede on anything over in that area.
Discussion ensued between Mr. Aussant and Members of the Board. After discussion, Mr. McCoy asked if there was anyone in the chat room who wished to speak. Mr. Skwirz stated there was one person with their hand up. Mr. Peter Caplette, of 20 Grants Mill Road, came forward on the Zoom platform, was sworn, and asked several questions about the placement of the house to be built. After discussion, Mr. Caplette stated that he just had questions. He stated that he loves where everything is, and he was just nervous about the visual and things like that. Mr. McCoy asked him if he had any other questions, and Mr. Caplette stated he did not.
No one else came forward to speak in this matter.
After further discussion, Mr. Chaput made a motion to grant the 10 feet of relief rear yard variance to allow the applicant to construct the residence as shown on the plans. Mr. Chaput stated it is a very difficult lot; and, even though it is a very large lot, there are very limited options as to where you can put that building. Mr. Chaput stated he thought he has chosen the only one that is really acceptable.
Mr. Chaput stated that he satisfied the requirements of DEM, and the Planning Board said it is consistent with the rest of the area. Mr. Chaput stated it looks like a beautiful piece of property on a very difficult lot; and, again, the hardship is a result of that difficult lot and not any other disability of the applicant.
Mr. Chaput stated that the hardship is not the result of any prior action. He just looks to build his home in the only part of the lot where it can reasonably be accomodated; and the granting of the requested variance will not alter the general characteristics. Mr. Chaput stated it is a very rural area, undeveloped for the most part; and the Planning Board is completely unanimous. They think it is going to only add to the look of the area.
Mr. Chaput stated, therefore, that the Board should grant the variance. Mr. McGrath then seconded the motion.
Mr. McCoy then took a vote on the motion.
Mr. Chaput, Mr. Craveiro, Ms. Guadagni, Mr. McGrath and Mr. McCoy all voted in favor of the motion.
THE MOTION WAS APPROVED 5‑0.
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Mr. McCoy stated he thought that was it and asked for a motion to adjourn. Mr. McGrath then made a motion to adjourn. The motion was seconded by Ms. Guadagni. Mr. McCoy then took a vote on the motion. Mr. Chaput, Mr. Craveiro, Ms. Guadagni, Mr. McGrath and Mr. McCoy all voted in favor of the motion. THE MOTION WAS APPROVED 5‑0.
(THE MEETING ADJOURNED AT 8:09 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 April 8, 2026.
Andrew J. D'Angelo
ANDREW J. D'ANGELO,
Court Reporter
(Signed Electronically)