MINUTES
OF THE
ZONING BOARD OF REVIEW
SEPTEMBER 9, 2004
A REGULAR MEETING of the Exeter Zoning Board of Review was held on Thursday, September 9, 2004 at 7:30 p.m. in the Town Council Chambers of the Exeter Town Hall, 675 Ten Rod Road, Exeter, RI. Members present: William Monahan, Chairman; Renate Aker, Vice Chairperson; Daniel Patterson; Kenneth Fernstrom; Kathleen Ward-Bowen. Alternates Present: Ruth Waterman; Clark Whitford. Others Present: Solicitor Stephen Broulliard.
MOTION: A motion is made by Clark Whitford with second by Kathleen Ward- Bowen to open the Public Hearing.
VOTED: Unanimous.
The continued petition of Barbara A. Kimura, owner and applicant, of 7404 Baden Drive, Indianapolis, IN and Pamela J. Mouradjian, owner, of P.O. Box 658, Exeter, RI for property located on Raymond Potter Lane, approximately 60 feet south of utility pole #7, Exeter, RI and further designated as Assessor’s Plat 76 Block 6 Lot 5, a request for dimensional variances from the Exeter Zoning Ordinance Article II, Section 2.4.2 (1), (2), (4) and (6) to construct a 32’ x 34’ residential dwelling in a RU-4 zone.
Ms. Kimura was present and represented by counsel, Margaret Lawrence, Esq. The property is a 2.37 acre substandard lot of record. The following items are entered as evidence:
Exhibit #1 Zoning Certificate
Exhibit #2 RIDEM Insignificant Alteration Permit and Map
Exhibit #3 ISDS Approval for 3 Bedroom House with Bottomless Sand Filter
Attorney Lawrence references the proposed location of the house on the large map and states there is no other possible location on the lot due to wetlands constraints. The application meets the criteria for dimensional variance due to hardship. This was a legal lot at the time it was created (1967).
Engineer Wesley Grant, P.E. was duly sworn in and determined to be an expert witness. Mr. Grant testifies the lot is dry in summer. RIDEM would not allow the house to be built at any other location on the lot. An explanation of the bottomless sand filter advanced treatment system is given.
Abutter Barry S. Dugan was duly sworn in. Mr. Dugan states he thought the lot was non-buildable. A house that sits only 35 feet from the road will devalue his property. He is opposed to granting the request for variance.
Abutter Paula Soares was duly sworn in. Ms. Soares expresses concern for the front setback and the specialized septic system and states this will devalue her property. She is opposed to granting the request for variance.
Abutter Scott Grennan was duly sworn in. Mr. Grennan expresses concern for the septic system and feels the front setback of 35 feet will devalue his property. He is opposed to granting the request for variance.
Zoning Board Member Kathleen Ward-Bowen asks if the stone wall will remain in place, using the present opening for access to the property, as the stone wall will hide the bottomless sand filter.
The letter of abutter Steve Eldridge is read into the record. Mr. Eldridge is opposed to granting the request for variance.
MOTION: A motion is made by Renate Aker with second by Kenneth Fernstrom to close the Public Hearing.
VOTED: Unanimous
There is discussion and overview of the rules of hardship when granting a variance. Kathleen Ward-Bowen visited the site and states there are 8 houses in the area and the proposed house is visible to all of them. Daniel Patterson states the septic system is elevated one foot above the surface and will not be visible to neighbors as it will be hidden behind the stonewall. The applicants are asked if they will be living in the house and they answer they will not. Discussion continues.
MOTION: A motion is made by Ruth Waterman with second by Renate Aker to reopen the Public Hearing.
VOTED: Unanimous.
Applicant Barbara Kimura is duly sworn in. Ms. Kimura states she is the owner of the property with Pamela Mouradjian (sister) and that neither of them will live in the residence. Proposed is a 32’ by 34.2’ single family dwelling on speculation.
Abutter Lisa Grennan is duly sworn in. Ms. Grennan asks what standards are used for granting variances. She is informed that consideration for variances include that the variance will not alter the surrounding character. Ms. Grennan feels a spec house will devalue her property. Her home is 300 feet off the road, and it is unfair to allow this house to be 35 feet off the road.
Applicant Barbara Kimura states this is a difficult lot, and the town is over regulating the property to no use.
Attorney Lawrence states this is legal, non-conforming lot of record, in a single-family, residential zone, with approval from RIDEM Wetlands Division, approval from RIDEM ISDS, expert testimony from an engineer this lot can be placed on no other place on the lot. If the variance is not granted, the property is condemned to no use. We understand this is a difficult lot, but the owners have the right to develop it.
Abutter Ed Soares is duly sworn in. Mr. Soares states this house is strictly for profit, not for their personal residence, and he is against it.
Board questions/comments. Clark Whitford asks how many bedrooms in the proposed structure. He is informed three.
MOTION: A motion is made by Clark Whitford with second by Renate Aker to close the Public Hearing.
VOTED: Unanimous.
MOTION: A motion is made by Renate Aker with second by William Monahan to grant the application by Barbara Kimura and Pamela Mouradjian for dimensional variance from the Exeter Zoning Ordinance Article II Section 2.4.2 (1), (2), (4) and (6) for 1.63 acres relief, frontage relief of 90 feet, front setback relief of 70 feet and side setback relief of 54.06 feet for Plat 76 Block 6 Lot 5 to construct a single-family dwelling in a RU-4.
Discussion. The only allowed use for the property is as a residence. The Board sympathizes with abutting property owners. The lot was created to prior to zoning and RIDEM determined this to be a buildable lot and set the location of the house on the property. Discussion continues.
VOTED: Unanimous.
The petition of Susan Porter, owner and applicant, of property located at 25 Dolly Pond Road, Exeter, RI and further designated as Plat 49 Block 4 Lot 44, a request for dimensional variances from the Exeter Zoning Ordinance Article II Section 2.4.2 (1), (2), (4) and (6) to construct 20’ by 22’ garage for the purpose of storing automobiles in a RU-4 zone.
Applicant Susan Porter is duly sworn in. Ms. Porter’s residence was totally destroyed in a fire and she is in the rebuilding process. She would like to add a garage to the house, which is being rebuilt to a colonial-style home on the existing foundation. There is discussion of locating the garage on the other side of the house. There are no other Board questions. There are no abutter comments.
MOTION: A motion is made by Renate Aker with second by Kathleen Ward-Bowen to close the Public Hearing.
VOTED: Unanimous.
MOTION: A motion is made by Kathleen Ward-Bowen with second by Renate Aker to grant the application by Susan Porter for dimensional variance from the Exeter Zoning Ordinance Article II Section 2.4.2 (1), (2), (4) and (6) for acreage relief of 1.7 acres, road frontage relief of 117 feet and westerly side setback relief of 48 feet for Plat 49 Block 4 Lot 44 to construct a 20’ by 22’ garage for the purpose of housing automobiles in a RU-4 zone.
VOTED: Unanimous.
The petition of Raymond Hewins and Haila Savage, applicants and owners, of property located at 586 South County Trail, Exeter, RI, and further designated as Plat 72 Block 2 Lot 6, for a dimensional variance from the Exeter Zoning Ordinance Article II Section 2.4.2 (7) for the replacement of a single-family residence in a Business Zone.
Applicant Haila Savage is duly sworn in. Ms. Savage resides on Lot 8, with the legal lot of record showing as Lot 6. The lots were broken up in 1968. The lot is zoned Business, and she would like to build a residence in place of an existing trailer in the rear of the property. The trailer would be torn down and replaced by a 3 bedroom modular home. Lot 6 is 5.4 acres, and Lot 8 is 1.1 acres. Lot 8 is accessed by a 233-foot right of way with no road frontage.
Solicitor Stephen Broulliard states that these are two contiguous lots in common ownership and are therefore joined for zoning purposes, in accordance with the Exeter Zoning Ordinance. Therefore, only one residence can exist there. Ms. Savage states she purchased the property as two lots and pays taxes on two lots, and was unaware of the lots being conjoined. Lengthy discussion continues. The Board recommends Ms. Savage obtain legal counsel before continuing with the application and public hearing process.
MOTION. A motion is made by Kenneth Fernstrom with second by Renate Aker to continue the petition of Raymond Hewins and Haila Savage for the property located at 586 South County Trail, Plat 72 Block 2 Lot 6, for a dimensional variance from the Exeter Zoning Ordinance Article II Section 2.4.2 (7) for the replacement of a single-family residence to the next Zoning Board of Review Meeting scheduled for October 14, 2004.
VOTED: Unanimous.
The petition of Gashy Dowlatshahi, applicant and owner, of 1150 Oaklawn Avenue, Cranston, RI for the property located off Yawgoo Valley Road, Pole #30, Exeter, RI and further designated as Plat 77 Block 2 Lot 5, for dimensional variance from the Exeter Zoning Ordinance Article II Section 2.4.2 (2) to construct a 30’ by 95’ single-family dwelling in a RU-4 zone.
Engineer Daniel Cotta is duly sworn in. Max deWardener is duly sworn in.
Exhibit #1 Map showing existing 50 foot right of way is entered as evidence.
This is a 10-acre lot with no road frontage and access to Yawgoo Valley Road via the 50- foot right of way only. The applicant proposes to build only one house on the lot, and is requesting 300-foot frontage relief. The setbacks conform to the RU-4 zoning. All property owners using the right of way are responsible for maintaining it.
Abutter Raymond Aveline is duly sworn in. Mr. Aveline states he does not object to granting of the variance in order to construct a single-family dwelling. He would like restrictions placed on the property so that the right of way does not merge with other rights of way or extended. There is discussion of a right of way in the area, but it is not the right of way to the property in this public hearing.
Abutter Ken Fandetti is duly sworn in. Mr. Fandetti states he is in favor of granting the frontage relief, subject to the provision the lot can never be subdivided and it is limited to the construction of one single-family house only.
MOTION: A motion is made by Renate Aker with second by Kathleen Ward-Bowen to close the Public Hearing.
VOTED: Unanimous.
MOTION: A motion is made by Renate Aker with second by Kathleen Ward-Bowen to grant the petition of Gashy Dowlatshahi and Max deWardener, owner of the property located on Yawgoo Valley Road, a dimensional variance from the Exeter Zoning Ordinance Article II Section 2.4.2 (2) road frontage relief of 300 feet with the stipulation the property cannot be further subdivided in perpetuity for the property designated as Plat 77 Block 2 Lot 5 with a 50 foot right of way.
VOTED: Unanimous.
The petition of Susan and Einar Barlow, applicants and owners, of property located at 64 Pinoak Drive, Exeter, RI and further designated as Plat 38 Block 5 Lot 48, requesting dimensional variance from the Exeter Zoning Ordinance, Article II Section 2.4.2 (1), (2), (4) and (6) for the construction of a 24’ x 26’ attached garage/recreation room in a RU-3 zone.
Susan Barlow is duly sworn in. Ms. Barlow submits the following exhibits as evidence:
Exhibit #1 Picture of Existing house
Exhibit #2 Picture of Existing house with Proposed garage/recreational room addition
The recreational room is above the garage. There is a fire access road behind the property via the Bald Hill Nursery property. The garage will be 6 feet from the property line, and their abutting neighbor’s garage is 10 feet from the property line. There will be 16 feet between their garage and their neighbor’s garage, which is enough space for emergency access.
MOTION: A motion is made by Daniel Patterson with second by Kathleen Ward-Bowen to close the Public Hearing.
VOTED: Unanimous.
MOTION: A motion is made by Kathleen Ward-Bowen with second by Kenneth Fernstrom to grant the petition of Susan and Einor Barlow for the property located at 64 Pinoak Drive for a dimensional variance from the Exeter Zoning Ordinance Article II Section 2.4.2 (1), (2), (4) and (6) road frontage relief of 150 feet, acreage relief of 2.7 acres, front setback relief of 55 feet and side setback relief of 54 feet fpr the property designated as Plat 38 Block 5 Lot 48 to construct a 24’ by 26’ attached garage/recreational room in a RU-3 zone.
VOTED: Unanimous.
Zoning Board of Review Chairman William Monahan calls a recess at 8:57 p.m.
Zoning Board of Review Chairman William Monahan calls the Board back in session at 9:02 p.m.
The petition of Erma S. Gardner, applicant and owner, of 582 Dry Bridge Road, North Kingstown, RI 02852, owner of the property located at 247 Nooseneck Hill Road, Exeter, RI and further designated as Plat 20 Block 3 Lot 14, requesting dimensional variances from the Exeter Zoning Ordinance Article II Section 2.4.2 (1), (4) and (7) and a special use permit.
Erma S. Gardner is duly sworn in. Donald Bishop is duly sworn in. Ms. Gardner states that she has a golf cart business, a permitted use at that location. There was a small house on the property, which has been demolished. She wants to run the business out of the 28’ by 40’ garage for servicing and repairing golf carts. She proposes to keep the existing parking area and have the proposed gable roof end facing the street in order make it more attractive. The working area would then be out of sight, with vehicles never outside of the fenced compound to shield it from abutting properties, provide storage and make the area secure. She will also go before the Planning Board and is conferring with Town Planner David Schweid. There are no other comments.
MOTION: A motion is made by Renate Aker with second by Kathleen Ward-Bowen to close the Public Hearing. So voted.
VOTED: Unanimous.
MOTION: A motion is made by Renate Aker with second by Kathleen Ward-Bowen to grant the relief requested by Erma S. Gardner for the property located at 247 Nooseneck Hill Road, further designated as Plat 20 Block 3 Lot 14, for dimensional variance from the Exeter Zoning Ordinance, Article II Section 2.4.2 (1), (4) and (7) and a special use permit 1.1 acre relief, front setback relief of 15 feet and rear setback relief of 5 feet, with the stipulation they receive a Development Plan Review from the Exeter Planning Board.
VOTED: Unanimous.
The petition of Mark G. and Carol A. Archambault, applicants and owners, of the property located at 160 New Road, Exeter, RI and further designated as Plat 25 Block 3 Lot 1, a request for dimensional variances from the Exeter Zoning Ordinance, Article II, Section 2.4.2 (1), (2), (4) and (6) for the construction of a 14’ by 19’ addition to the front of the existing residence in a RU-4 zone.
Mark G. Archambault is duly sworn in. Carol A. Archambault is duly sworn in. The applicants desire to add a sun porch to the front of their house on a 40,000 square foot corner lot (New Road and Brookridge Drive). They seek relief of 3 acres. The proposed additional would be 23 feet from the front and 28 feet from the side.
MOTION: A motion is made by Kenneth with second by Renate Aker to close the Public Hearing.
VOTED: Unanimous.
MOTION: A motion is made by Renate Aker with second by Kenneth Fernstrom to grant the relief requested by Mark G. Archambault and Carol A. Archambault for the property located at 160 New Road, further designated as Plat 25 Block 3 Lot 1, for dimensional variances from the Exeter Zoning Ordinance, Article II Section 2.4.2 (1), (2), (4) and (6) relief of 3.0 acres, front setback relief of 23 feet and northerly side setback relief of 28 feet for the construction of a 14’ by 19’ addition to the front of the existing residence in a RU-4 zone.
VOTED: Unanimous
CORRESPONDENCE:
1. Appeal application for Planning Board Master Plan approval for Town Line Estates from Attorney J. William W. Harsch on behalf of Helen Danforth Buchanan and Jane P. Watkins. Attorney Harsch needs to be notified that the fee for the Stenographer is $250.00 for the appeal hearing, and an additional Stenographer fee of $250.00 is required for a continuation hearing, or he can supply his own Stenographer. All information must be provided at least one week in advance of the meeting.
2. Zoning letter with Planning Board’s recommendation – will be given the night of the meeting.
ADMINISTRATIVE ISSUES:
1. Set Appeal Hearing Date for Town Line Estates. The date set is Wednesday, October 6, 2004, at 7:00 p.m. at the Exeter Public Library, 773 Ten Rod Road, Exeter.
2. Approval of revised application forms. The Appeal application form is reviewed. The numbering on the proposed form is 1 to 12, and then skips 13 and 14. This needs amending. Also, 15 and 16 need more available spaces for description. The Zoning application requires more available spaces for description for item numbers 15, 16 and 17.
MINUTES:
August 12, 2004. As the Minutes are not ready, approval will be continued to next month.
SOLICITOR’S REPORT:
Stephen J. Broulliard, Esq. of Gidley, Sarli & Marusak.
Howard Andrews. Solicitor Broulliard reports on the Cease and Desist Order issued to Howard Andrews and the citation to appear in Superior Court. Attorney Joseph Scott did not appear before Judge Lanphear. He stated he did not represent Mr. Andrews. Per Attorney Scott, he told them (Andrews) there was nothing that could be done except clean up the property. Zoning Board Vice Chair Renate Aker stated she will walk the property to inspect it and give an update.
Deer Brook. Solicitor Broulliard reports the appeal hearing is scheduled for September 14, 2004.
Richard Siciliano. Solicitor Broulliard states there is nothing additional to report. This was a case of two merged lots in the Boone Lake section.
ZONING INSPECTOR’S REPORT: There is no Zoning Inspector’s Report this evening.
FUTURE MEETING: The next meeting of the Exeter Zoning Board of Review is the Appeal of the Planning Board approval of the Master Plan for Town Line Estates on Wednesday, October 6, 2004 at 7:00 p.m. at the Exeter Public Library, 773 Ten Rod Road, Exeter. The next regular meeting of the Exeter Zoning Board of Review is Thursday, October 14, 2004 at 7:30 p.m. in the Town Council Chambers of the Exeter Town Hall, 675 Ten Rod Road, Exeter.
ADJOURNMENT:
MOTION: A motion is made by Clark Whitford with second by Ruth Waterman to adjourn.
VOTED: Unanimous
The meeting is adjourned at 9:29 p.m.
Cheryl A. Chorney, CMC
Clerk Pro tem
APPROVED: October 14, 2004