EXETER ZONING BOARD
OF REVIEW
MINUTES OF
October 13, 2005
A REGULAR MEETING of the Exeter Zoning Board of Review was held on Thursday, October 13, 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; Renate Aker, Vice-Chairperson, Kathleen Ward-Bowen; Kenneth Fernstrom, Michael Picillo; Alternates present: Ruth Waterman; Others Present: Town Solicitor James Marusak; Susan La Perriere, Clerk; Ron Ronzio, Stenographer.
MOTION: A motion was made by Renate Aker 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 Renate Aker with a second by Kenneth Fernstrom to continue the petition to November 10, 2005.
VOTED: (5-0; all in favor)
The continued petition of Multi-State Restoration Inc., applicant and Evelyn A. Neri, owner of property located on Pinoak Drive, Exeter, RI, and further designated as Assessor’s Plat 38, Block 5, Lot 33. A request for a dimensional variance from the Exeter Zoning Ordinance, Article II, Section 2.4.2, (1)(2)(3)(4)(6) to build a 40’x 40’ two story, one family dwelling with attached garage in a RU-3 zone.
MOTION: A motion was made by Renate Aker with a second by Michael Picillo to continue the petition to November 10, 2005.
VOTED: (5-0; all in favor)
The continued petition of Jocelyn L. Willis and Anthony M. Agovino, applicants and owners of property on Mill Pond Road, Exeter, RI, and further designated as Assessor’s Plat 73, Block 2, Lot 14. A request for dimensional variance from the Exeter Zoning Ordinance Article II, Section 2.4.3 Flexible Lot Frontage and Width, and Article II, Section 2.4.2 (1)(2)(3)(4)(5)(6)(7) to build a 2500 sq. ft. single family home, in an RU-4 zone.
Jocelyn Willis and Anthony Agovino were present and Ms. Willis testified that they would like to build a 2500 sq. ft colonial with a 2-car garage.
Mr. Monahan stated this was a corner lot and the property was surrounded by a wetlands buffer in the back. Mr. Monahan asked the applicant if there was any other location on the property that the house could be built on. Ms. Willis responded that based on the engineering in order to protect the wetland there was only one location for the house.
Ms. Willis testified that she does have ISDS approval from DEM and that the septic system as indicated on the map is accurate.
Exhibit A – a copy of their ISDS application to DEM consisting of 9 pages.
Ms. Ward-Bowen inquired as to whether or not there was 1 acre of developable land as required by the new zoning ordinance Article II, Section 2.4.3. Mr. Monahan stated he did not know if there was
1 acre of buildable land, but that the lot was a lot of record before the ordinance was established.
Ms. Aker asked the applicant why there was an alternate site for the septic on the plan. The applicant testified that that was an alternate site in the event that DEM did not approve the first site.
MOTION: A motion was made by Renate Aker with a second by Kathleen Ward-Bowen to close the public hearing.
VOTED: (5-0; all in favor)
MOTION: A motion was made by Renate Aker with a second by Kathleen Ward-Bowen to grant the applicant 1.94 acres of acreage relief, 70 feet of front setback relief, and relief from Exeter Zoning Ordinance Article II, Section 2.4.3.
VOTED: (5-0; all in favor)
The petition of Peter Townsend, applicant and owner of property located at 47 Arcadia Road, Exeter, RI, and further designated as Assessor’s Plat 31, Block 3, Lot 9. A request for dimensional variance from the Exeter Zoning Ordinance, Article II, Section 2.4.2 (1)(4)(6)(7) to build a 26’ x 36’ cape to replace a mobile home in a CR-5 zone.
Peter Townsend was present and duly sworn in. Mr. Townsend testified that the trailer on the lot has been there for 30 years and that he would like to replace it with a house. Mr. Townsend stated that the existing trailer is 12’ wide x 56’ long and that the house will be smaller.
Mr. Townsend testified he would like to put the house where the trailer is, so the trailer will be removed before the house is built.
Mr. Monahan asked if there was a garage on the property now. Mr. Townsend stated that there is no garage but he would like to build one. The board determined that either the applicant had to continue his petition for a month or remove the garage from the plan, since the garage was not part of the application and therefore was not advertised as such. Mr. Townsend stated he would remove the garage from the plan.
Mr. Townsend stated that he had submitted a suitability survey to the state two years ago along with the plan for the house, and that the state required him to replace the current septic system on the property. Mr. Townsend testified that the replacement system would be where the current septic is located in the front of the house.
Audrey Wright, an abutter, testified she is concerned about her privacy and whether the lot will continue to be opened up. Mr. Townsend stated that there is a school bus in the back of the property that was there when he bought the land and that it would be removed.
John LeSuer, an abutter, testified in favor of the petition and asked who will be living in the house. Mr. Townsend testified that his sister would live there.
MOTION: A motion was made by Renate Aker with a second by Kathleen Ward-Bowen to close the public hearing.
VOTED: (5-0; all in favor)
MOTION: A motion was made by Kathleen Ward-Bowen with a second by Renate Aker to grant the applicant 4 acres of acreage relief, 200 feet of frontage relief, 50 feet of front setback relief, 20 feet of rear setback relief, 41 feet of northerly side setback relief, and 45 feet of southerly side setback relief contingent upon the removal of the mobile home before a certificate of occupancy can be issued and also a garage should not be built without further relief being granted.
VOTED: (5-0; all in favor)
The petition of Robert and Nicole Ferri, applicants and owners of property located at 142 Widow Sweets Road, Exeter, RI, and further designated as Assessor’s Plat 9, Block 3, Lot 2. A request for dimensional variance from the Exeter Zoning Ordinance, Article II, Section 2.4.2 (1)(6) to build a 32’ x 24’ garage and family room addition in a RU-4 zone.
Nicole Ferri was duly sworn in and testified that they would like to build a 2-car garage with a bonus room above. Ms. Ferri stated that the room above would be unfinished and that possibly later on there would be a bathroom upstairs. The applicant also stated that the room would be for their personal use.
Ms. Ferri stated that she shares a driveway with her neighbor at 148. Ms. Ward-Bowen asked about the acreage of the property. Mr. Ferri stated that the acreage was 2.6 acres. Ms. Ferri stated that there would be access to the bonus room from the garage and also from the existing house.
MOTION: A motion was made by Renate Aker with a second by Kathleen Ward-Bowen to close the public hearing.
VOTED: (5-0; all in favor)
MOTION: A motion was made by Renate Aker with a second by Kathleen Ward-Bowen to grant the applicant 2.6 acres of acreage relief, 39 feet of northerly side setback relief, and 53 feet of southerly side setback relief.
VOTED: (5-0; all in favor)
The petition of Joseph Imschweiler, applicant and owner, of 409 Widow Sweets Road, Exeter, RI, and further designated as Assessor’s Plat 23, Block 11, Lot 2. A request for dimensional variance from the Exeter Zoning Ordinance, Article II, Section 2.4.2 (1)(4) to extend existing garage and breezeway to the front of the house for auto storage and garage access to home in a RU-3 zone.
Joseph Imschweiler was duly sworn in and testified that the house was built 45 years ago and the workmanship was not good. He would like to improve the house and add space.
Exhibit A – existing site map
Exhibit B – site map with proposed improvements
Mr. Imschweiler testified that he was making the garage bigger but no further than the existing house. The applicant stated that he would not be operating a professional business from the garage.
MOTION: A motion was made by Renate Aker with a second by Michael Picillo to close the public hearing.
VOTED: (5-0; all in favor)
MOTION: A motion was made by Kathleen Ward-Bowen with a second by Renate Aker to grant the applicant .7 acres of acreage relief and 27 feet of front setback relief.
VOTED: (5-0; all in favor)
The petition of Scott and Jung Kim Munroe, applicants and owners, of 104 Pinecrest Drive, Exeter, RI, and further designated as Assessor’s Plat 38, Block 3, Lots 69 and 70. A request for dimensional variance from the Exeter Zoning Ordinance, Article II, Section 2.4.2 (4)(6) to construct approximately a 183 sq. foot wood deck in a RU-3 zone.
John Pagliarini attorney for the applicants is representing the bank doing the closing. Mr. Pagliarini stated that the applicants need to legitimize the existing deck. Mr. Pagliarini stated the deck was 12 x 16 and irregularly shaped.
Ms. Aker asked if the deck was built without zoning approval. Mr. Pagliarini stated that there was a misunderstanding with the building official. Mr. Pagliarini stated that there is money being held in escrow to fix the stairs and that the deck was put on in the last 5 years.
Mr. Pagliarini stated that there is a title issue here because the deck was put on without zoning approval and in order to proceed with the closing on the property this issue had to be addressed.
Mr. Steve Pallou, an abutter, was concerned about a new deck being put on, but had no objections and is in favor of anything that would improve the value of the property.
MOTION: A motion was made by Renate Aker with a second by Kathleen Ward-Bowen to close the public hearing.
VOTED: (5-0; all in favor)
MOTION: A motion was made by Renate Aker with a second by Kathleen Ward-Bowen to grant the applicant 2.43 acres of acreage relief, 50 feet of frontage relief, 41 feet of front setback relief, and 23 feet of northerly side setback relief.
VOTED: (5-0; all in favor)
Correspondence:
Administrative Issues:
Renate Aker will be unavailable from Nov. 16 through Dec. 9, 2005
Paula Thayer will be at the Nov. meeting as clerk pro-tem in Sue’s absence.
Minutes:
September 8, 2005 – Regular Meeting
MOTION: A motion was made by Renate Aker with a second by Michael Picillo to approve the minutes as written.
VOTED: (5-0; all in favor)
Solicitor’s Report:
None
Zoning Inspector’s Report:
None
Future Meeting:
November 10, 2005 – regular meeting
Adjournment:
MOTION: Renate Aker made a motion to adjourn the meeting with a second by Kathleen Ward-Bowen.
VOTED: (5-0; all in favor)
Meeting adjourned at 8:30 pm.
Respectfully submitted,
Susan L. La Perriere
Zoning Board Clerk
Approved November 10, 2005