EXETER ZONING BOARD
OF REVIEW
MINUTES OF
August 11, 2005
A REGULAR MEETING of the Exeter Zoning Board of Review was held on Thursday, August 11, 2005 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; Kathleen Ward-Bowen; Kenneth Fernstrom, Michael Picillo; Alternates present: Ruth Waterman; Others Present: Solicitor Stephen Brouillard, Solicitor’s associate Sheri Rego; Susan La Perriere, Clerk; Tracy Shepherd, Stenographer.
MOTION: A motion was made by Kathleen Ward-Bowen with a second by Kenneth Fernstrom to open the public hearing.
VOTED: (5-0; all in favor)
The continued petition of Shon C. Cuthill, applicant and owner, of property located at 350 South County Trail, Exeter, RI and further designated as Assessor’s Plat 72, Block 6, Lot 8. A request for a dimensional variance from the Exeter Zoning Ordinance Article II, Section 2.4.2 (7) for rear yard setback for an existing barn; variances from Article VI, Section 6.5 to increase the area and location of an existing sign; and a Special Use Permit for a firewood and nursery business in a Groundwater Overlay district according to Article VII, Section 7.5 in a RU-4 zone. This is a continuation of the hearing from June 14, 2005.
MOTION: A motion was made by Kenneth Fernstrom with a second by Michael Picillo to continue the petition to September 8, 2005.
VOTED: (5-0; all in favor)
The continued petition Ronald and Pamela Mouradjian, applicant and owners of 725 South County Trail, Exeter, RI, and further designated as Assessor’s Plat 76, Block 3, Lot 7. A request for a Special Use Permit from the Exeter Zoning Ordinance, Article II, 2.4. (8) to operate a landscaping business in a Business zone.
MOTION: A motion was made by Kenneth Fernstrom with a second by Kathleen Ward-Bowen to dismiss the application without prejudice.
VOTED: (5-0; all in favor)
The continued petition of Wolfgang Jeutter, applicant and Wolfgang Jeutter and D.J. Martell, owners of 180 East Shore Drive, Exeter, RI, and further designated as Assessor’s Plat 84, Block 9, Lot 32. A request for a dimensional variance from the Exeter Zoning Ordinance, Article II, Section 2.4.2, (2)(6) to build a 13’x 15’ gazebo/storage area in a RE-2 zone.
Wolfgang Jeutter having been duly sworn in stated that there would be no water, or sewer but there would be electric for the gazebo.
Exhibit 1 – site map
There was discussion regarding the fact that the original five members of the board were not present to hear the continued petition.
Mr. Jeutter stated that the lot where the gazebo would be built has shore access to Boone Lake. The applicant also stated that the gazebo would be used to store items and equipment for his boat, beach chairs, and that possibly there would be a small refrigerator for cold items.
Ms. Ward-Bowen asked if there would be a driveway. Mr. Jeutter replied that there would be a driveway but that it would gravel not paved.
MOTION: A motion was made by Kathleen Ward-Bowen with a second by Kenneth Fernstrom to grant the applicant 1.88 acres of acreage relief, 140 feet of frontage relief, 12 feet northerly side setback relief, 17 feet of southerly side setback relief.
VOTED: (5-0; all in favor)
The petition of John H. & Joanne M. Nelson, applicants and owners of 395 Widow Sweets Road, Exeter, RI, and further designated as Assessor’s Plat 23, Block 2, Lot 16. A request for dimensional variance from the Exeter Zoning Ordinance, Article II, Section 2.4.2 (2) to establish a buildable house lot in a RU-3 zone.
John H. Nelson was duly sworn in. Mr. Monahan stated that the lots are merged due to insufficient frontage.
Mr. Brouillard explained that when two contiguous lots are held in common ownership they automatically merge if one is deficient.
Mr. Nelson requested the board withdraw his application.
The petition of August Reinhardt, applicant and owner of 33 Pinoak Drive, Exeter, RI, and further designated as Assessor’s Plat 38, Block 5, Lots 13 & 14. A request for dimensional variance from the Exeter Zoning Ordinance, Article II, Section 2.4.2 (4),(7) to build a 28’ x 24’, two car garage and install an 18’ round, above ground pool in an RU-3 zone.
August Reinhardt was duly sworn in. There was discussion regarding the size of the pool, whether it was an 18 foot or 24 foot pool. The zoning certificate stated that the pool would by 18 feet. Mr. Reinhardt stated the pool would be and 18 feet.
Mr. Reinhardt testified that the garage would be one and a half stories and would be used for general storage. The applicant stated the house would be a colonial. Mr. Reinhardt stated that he would like to build the garage for convenience and safety of pulling into it in the winter.
MOTION: A motion was made by Kathleen Ward-Bowen with a second by Kenneth Fernstrom to close the public hearing.
VOTED: (5-0; all in favor)
MOTION: A motion was made by Kathleen Ward-Bowen with a second by Kenneth Fernstrom to grant the applicant 2.4 acres of acreage relief, 50 feet of frontage relief, 65 feet of front setback relief, and 5 feet of rear setback relief.
VOTED: (5-0; all in favor)
MOTION: A motion was made by Kathleen Ward-Bowen with a second by Kenneth Fernstrom to grant the applicant 2.4 acres of acreage relief, 50 feet of frontage relief, 65 feet of front setback relief, and 5 feet of rear setback relief on the condition that the applicant get approval from the building inspector.
The petition of Beachwood Builders, LLC, applicant and Exeter III-98, owner of property located on Stony Fort Road, Exeter, RI, and further designated as Assessor’s Plat 81, Block 1, Lot 6. A request for dimensional variance from the Exeter Zoning Ordinance, Article II, Section 2.4.2 (5), (6) in a Groundwater Overlay district according to Article VII, Section 7.5 to build a 26’ x 32’ two bedroom single family residence with a 12’ x 12’ deck in a RE-2 zone.
Richard Johnston, attorney for the applicant was present and stated that the applicant was seeking relief from the 200 foot setback which is required in a GWOL district. Mr. Johnston stated that due to the unique characteristics of the land, which are wetlands, the applicant cannot meet the setback.
Exhibit A – resume of Edward Pimentel and his evaluation of the proposed development
MOTION: A motion was made by Kathleen Ward-Bowen and seconded by Kenneth Fernstrom to recognize Edward Pimentel a land use planner, as an expert witness in his field.
VOTED: (5-0; all in favor)
Mr. Pimentel was duly sworn in and stated that the lot was created in 1987 and that the lot has not been held in any common ownership since it’s creation.
Exhibit B – the deed to the lot
Mr. Pimentel testified that he had done an analysis of other lots and homes in the area within a 400-foot radius and the applicant meets all the burdens. The witness also stated that the applicant is in compliance with the comprehensive plan with regard to the site being similar in density to other lots in the surrounding area.
Exhibit C – resume of Scott Rabideau
MOTION: A motion was made by Kathleen Ward-Bowen and seconded by Kenneth Fernstrom to recognize Scott Rabideau of Natural Resource Services, Inc., a wetlands biologist, as an expert witness in his field.
VOTED: (5-0; all in favor)
Mr. Rabideau was duly sworn in and testified that an upland knoll was the only suitable location for the home and the septic because the balance of the property was swamp. The applicant has received DEM approval for a 26’ x 32’, 2-bedroom home and driveway.
Exhibit D – notice from DEM regarding the Freshwater Wetlands Program
Mr. Rabideau testified that there would not be any adverse impact to the groundwater due to this project.
Exhibit E – permit to alter the freshwater wetlands
Exhibit F – ISDS approval
Exhibit G – resume of Robert DiGregorio
Exhibit H – Mr. DiGregorio’s report on the site
MOTION: A motion was made by Kathleen Ward-Bowen and seconded by Kenneth Fernstrom to recognize Robert DiGregorio, a realtor as an expert witness in his field.
VOTED: (5-0; all in favor)
Mr. DiGregorio was duly sworn in and testified that the proposed home would have no adverse impact on the surrounding property values.
Mr. Brouillard asked if the three other homes that had been photographed were also in the groundwater overlay district. Mr. Gregorio testified that he was no sure, but the one home that might would be the home on Tupelo Drive. Mr. DiGregorio indicated he had taken pictures of those homes with less of a setback.
MOTION: A motion was made by Kathleen Ward-Bowen with a second by Ruth Waterman to close the public hearing.
VOTED: (5-0; all in favor)
MOTION: A motion was made by Kathleen Ward-Bowen and seconded by Kenneth Fernstrom to grant the applicant 166 feet of front setback relief on the condition that no further expansion of the home design that was submitted this evening except without the appropriate approvals.
VOTED: (5-0; all in favor)
Correspondence:
Administrative Issues:
Election of officers
MOTION: A motion was made by Kathleen Ward-Bowen with a second by Kenneth Fernstrom to elect William Monahan as the Zoning Board Chairman.
VOTED: (5-0; all in favor)
MOTION: A motion was made by William Monahan with a second by Ruth Waterman to elect Renate Aker as the Zoning Board Co-Chairperson.
VOTED: (5-0; all in favor)
Stephen Brouillard introduced his replacement for Zoning Board Solicitor, Sheri Rego.
Minutes:
June 9, 2005 – Regular Meeting
MOTION: A motion was made by William Monahan with a second by Michael Picillo to approve the minutes as written.
VOTED: (5-0; all in favor)
Solicitor’s Report:
Zoning Inspector’s Report:
None
Future Meeting:
September 8, 2005 – regular meeting
Adjournment:
MOTION: Kenneth Fernstrom made a motion to adjourn the meeting with a second by Kathleen Ward-Bowen.
VOTED: (5-0; all in favor)
Meeting adjourned at 8:50 pm.
Respectfully submitted,
Susan L. La Perriere
Zoning Board Clerk
Approved September 8, 2005