Minutes Approved: September 8, 2022
675 Ten Rod Road
Exeter, RI 02822
401-294-2592
A Special Meeting of the Exeter Zoning Board of Review was held on Wednesday, June 15, 2022 at 7:30 pm, in person with no remote component, at the Town Hall Offices, 675 Ten Rod Road, Exeter, RI.
Members present: Richard Booth, Tom McMillan, Tim Robertson, Susan Littlefield and Susan Franco-Towell
Members absent: Richard Quattromani and Loren Andrews Others present: Peter Ruggiero, Solicitor and Dixie Foisy, Clerk Meeting called to order at 7:41 pm by Chairman Richard Booth
A. The continued petition of Harry Hawker III, Applicant and Owner of property located at 0 West
Shore Drive, Exeter, RI; Zoned RE-2, and further designated as Assessor’s Plat 84, Block 9, Lot
19; a request for dimensional relief under Zoning Ordinance Article II Section 2.4.2.2 (minimum street frontage), 2.4.2.4 (front setback), 2.4.2.6 (side setback), and 2.4.2.7 (rear setback) for a proposed single-family dwelling.
Chairman Richard Booth introduced this continued application of Harry Hawker, III. He explained in looking back at the meeting minutes, the Public Hearing was not closed at the last hearing so there was no need to open the public hearing. The Chair asked the Board members if they were comfortable with the application being heard tonight; if they had time to review the status. They all answered in the affirmative. Previous hearing on this petition were held on the following dates: April 14, 2022, May 12, 2022 and June 9, 2022.
Chairman Booth recognized Attorney Surdut who was present and representing the owner/applicant Mr. Harry Hawker who was also present. Attorney Surdut explained that Mr. Hawker had previously been issued dimensional variance relief to construct a single- family dwelling on the subject property, but that approval had expired. Attorney Surdut explained that the present application and plan is seeking the same relief previously granted to allow for a dwelling to be constructed on the property.
Chairman Booth recognized Attorney Timothy Robenhymer who was present on behalf of the Martha Dixon Trust specifically Mr. James Woods, Trustee. Mr. Robenhymer thanked the Board for the courtesy of this special hearing because he had been unable to attend a previous meeting (June 9, 2022) due to COVID-19.
He stated that while he had expected to have a witness that evening to testify, he was notified 30 minutes ago, that a situation had arisen that would not allow this witness to be present. Attorney Robenhymer continued to object to the application and relief sought by the petitioner. Attorney Robenhymer raised objections to the petition. He also entered several exhibits in support of his objections.
The following documents were entered into the record; A-E from 4/14/2022, and F & G
entered into record on 6/15/2022:
Exhibit A: a photocopy of an envelope for notice that was received by his client (Dixon Et Al Trustee/Woods Trustee) in California, sent by Surdut Law, 43 Broad St., Westerly, RI postmarked March 29, 2022.
Exhibit B: a copy of an email from Simona Georgescu, dated Thursday, April 14, 2022, Subject: Fwd: You got CERTIFIED MAIL! WOODS TRUSTEE from Surdut Law.
Exhibit C: a photocopy of a land survey completed by Peter S., PLS #1814, dated 10-
15-2008.
Exhibit D: a photocopy of a 2-page land survey by Coventry Survey Co, Inc., signed by
John Rockwell dated, March 7, 2013.
Exhibit E: a photograph of a dock, a firepit and a couple of lawn chairs taken in November 2021 that Attorney Robenhymer indicated were on the applicant’s lot. He stated that this dock was new and placed right up against his client’s property line.
Additional exhibits F and G were introduced by Attorney Robenhymer: Exhibit F: a blown-up copy of the applicant’s site plan introduced previously.
Exhibit G: a copy of Title 435-Board of Registration for Professional Land Surveyors.
Attorney Robenhymer stated that he felt there were deficiencies with the site plan and concerns regarding boundary lines. Chairman Booth stated that the Town of Exeter does not have a specific requirement or the class of site plans required with the filing of an application. Attorney Robenhymer also noted his client’s concerns regarding storm water/rain water runoff and asked if the Board would consider a
berm to run along the property line and a possible “rain garden” that would prevent
runoff into the lake (Boone) and also onto his client’s property.
Chairman Booth asked for any additional public comment. Hearing none, he asked Attorney Surdut about the application that he and his client had submitted and were they comfortable with the dimensions and the relief being sort. He also asked about the overall information they submitted being accurate and would they build within the established envelope.
Attorney Surdut noted that they are extremely comfortable and confident with the accuracy of their request. He stated that his client is an experienced, professional contractor and that he looks forward to the opportunity to comply. Mr. Surdut also noted that his client would adhere to all DEM regulations and requirements.
Chairman Booth asked for a motion to close the public hearing. Board member Tim Robertson made the motion to close the public hearing, seconded by Susan Franco- Towell. All in favor. The public meeting was closed.
Chairman Booth asked if there was any further discussion? The Board undertook discussion and deliberation concerning the size and shape of the lot and proposed location and size of the proposed dwelling. Board member McMillan noted that homes within the surrounding area were similar and noted that this home should not create any foreseen problems. Tim Robertson noted that the location/placement of the house could not be any more centered. Mr. McMillan agreed.
Subsequently, Board member Ms. Franco-Towell read the five criteria into the record required for the granting of a dimensional variance based on the requirements of Section
1.3.3.E.C 1-4 of the Exeter Zoning Code as follows:
In granting a variance, the Exeter zoning board of review shall require that evidence to the satisfaction of the following standards be entered into the record of the proceedings:
1. That the hardship from which the applicant seeks relief is due to the unique characteristics of the subject land or structure and not to the general characteristics of the surrounding area; and is not due to a physical or economic disability of the applicant;
2. That said hardship is not the result of any prior action of the applicant and does not result primarily from the desire of the applicant to realize greater financial gain;
3. That the granting of the requested variance will not alter the general character of
the surrounding area or impair the intent of purpose of the Exeter zoning ordinance or the Exeter comprehensive plan, upon which this ordinance is based; and
4. That the relief to be granted is the least relief necessary.
Additionally read into the record 1.3.3.E.D.2: In granting a dimensional variance, that the hardship that will be suffered by the owner of the subject property if the dimensional variance is not granted shall amount to more than a mere inconvenience. The fact that a use may be more profitable or that a structure may be more valuable after the relief is granted shall not be grounds for relief.
Chairman Booth noted the concern for the property line and water runoff. He felt pretty comfortable with the application. He noted that they had checked the percentage of lot coverage with a house of 854 square feet and a deck of 112 square feet which totals 966 square feet and based on the lot size of 6,488 square feet, had a 14.8 percent lot coverage which is 2 tenths of one percent, falling under the 15 percent coverage that we allow without a variance. Chairman Booth asked if there was a motion on the floor.
Board member McMillan moved to approve the petition of Harry Hawker III, Applicant and Owner of property located at 0 West Shore Drive, Exeter, RI; Zoned RE-2, and further designated as Assessor’s Plat 84, Block 9, Lot 19; a request for dimensional relief under Zoning Ordinance Article II, Section 2.4.2.2 (relief of 99.9 feet of street frontage),
2.4.2.4 (relief of 37.5 feet front setback), 2.4.2.6 (relief of 20 feet of right side setback and 19.8 feet of left side setback), and 2.4.2.7 (relief of 23.2 feet of rear setback) for the placement of an approximate 854 square feet single family dwelling. Susan Franco- Towell seconded the motion. The motion to approve the requested dimensional variance was approved five in favor (Mr. Booth; Mr. Robertson; Ms. Littlefield; Mr. McMillian; and Ms. Franco-Towell) and none opposed. Therefore, the requested relief was granted.
A. Future Meeting: July 14, 2022
Motion made by Susan Franco-Towell to adjourn the meeting at 8:12 pm; seconded by Tim
Robertson. Voted all in favor. The Motion Passed.
Meeting Minutes prepared by: Rebecca M. Lukowicz and
M. Dixie Foisy
Zoning Board Clerk