I.      NEW BUSINESS:

A. The application of Jeffrey and Kristy Davide, Applicants and Owners of property located at 65 New Road, Exeter, RI; Zoned RU-4 and further designated as Assessor’s Plat 25, Block 4, Lot 11; a request for dimensional relief under Zoning Ordinance Article II, Section 2.4.2.6 (side setback) for a proposed 12’x 16’ shed.

Acting Chair Tom McMillan introduced this petition; and asked the applicant to explain what he was proposing. Jeffrey J. Davide stated his full name for the record and was sworn in by the stenographer.

Mr. Davide proceeded to explain the details of the proposed 12’x16’ shed and their request for a variance on the left side of the property. The variance requires 80’, Mr. David was asking for 70’ of relief, placing the shed 10’ off the left property line.

Acting Chair Tom McMillan asked Mr. Davide if he had reviewed his request with Zoning Inspector Hal Morgan and Mr. Davide indicated that Mr. Morgan had signed off on their request.

Loren Andrews asked why it was necessary to place the shed in the selected location. He asked Mr. Davide what the hardship was. Mr. Davide explained that if they moved the shed it would then be located nearly in the middle of their property which would then make it an inconvenient location for the families’ needs.

Tim Robertson noted the stone wall was 10’ off the property line on the left side. He felt Mr. Davide could move the shed at least 15’ and still have the shed be aligned with his driveway. He also noted that there would still be ample pool space right behind the house. Mr. Robertson reminded the applicant that when people seek a variance, they (Zoning Board) have a guideline to seek the minimum variance possible.

Susan Franco-Towell wanted to make sure the style of the shed would be congruent with the style of their home, Mr. Davide indicated that would be the case.

Dixie Foisy, Clerk, was sworn in and commented on a neighbor (Joseph Montecalvo) who stopped by the office with questions regarding Mr. Davide’s shed placement. He indicated that his mom was happy that the shed was being placed close to the line, because then she wouldn’t have to see the shed from her property.

Acting Chair Tom McMillan reviewed the information presented and indicated that all of the board members seemed to have the same basic concerns, that 10 feet from the property line is extremely severe, that it’s almost 90 percent of what is required. Mr. McMillan noted that they are obligated by law and oath to grant only the least amount of relief that is possible.

Acting Chair McMillan asked Mr. Morgan for his input. Hal Morgan, Zoning Inspector, was then sworn in. He stated that there is no “hardship” here; and further explained there is no ledge, the septic is not in the way, the well is not in the way, that there is no hardship here to justify this kind of relief. This location is the applicant’s choice.

Public Comment:

Mark Picard, 28 Ruben Brown Lane, Exeter, RI

He stated that he was simply here to observe the process.

Acting Chair McMillan called for a motion to close the Public Hearing. Loren Andrews made the motion and Susan Franco-Towell seconded the motion. All in favor. The Public Hearing was closed.

Acting Chair McMillan called for discussion. He offered his opinion on the shed 10’ from the property line. Loren Andrews followed with his concerns as he mentioned earlier. Peter Ruggiero indicated that Mr. Davide could alter his request tonight, but if the application is voted on tonight as presented, and denied, then the applicant would need to reapply.

Susan Franco-Towell summarized that the Board, in general, felt that the shed should be further away from the property line. Mr. Morgan stated that if the Board denies the relief Mr. Davide is seeking tonight; then he could reapply tomorrow for the 60 feet (which would be the same relief granted for the house). Mr. Morgan indicated he would grant that relief and Mr. Davide would not have to come back in front of the Zoning Board. That the setback would be complying with the previous setback granted for the applicant’s home.

There was a motion by Susan Franco-Towell to reopen the Public Hearing and seconded by

Loren Andrews, all in favor and the motion passed. The Public Hearing was reopened. Mr. Jeffery J. Davide was allowed to speak and he formerly requested to withdraw his application.

Acting Chair Tom McMillan called for a motion to accept Mr. Davide’s withdrawal of his application. Loren Andrews made the motion to accept Mr. Davide’s application withdrawal and it was seconded by Susan Franco-Towell. All in favor and the motion passed.

(Tom McMillan, Tim Robertson, Richard Quattromani, Loren Andrews, Susan Franco-Towell).

Acting Chair Tom McMillan called for a motion to close the Public Hearing. Tim Robertson made the motion and Loren Andrews seconded the motion and the Public Hearing was closed at 8:13 p.m.

II.      ADMINISTRATIVE:

A.  Approval of Invoices: Southern RI Newspapers invoice was approved by Acting Chair McMillan.

B.  Approval of Meeting Minutes:  July 13, 2023

Loren Andrews made a motion to approve the July 13, 2023 minutes; seconded by Richard Quattromani. Vote was 5-0. The minutes of July 13, 2023 were approved as submitted.

C.   Future Meeting: No Meeting Thursday, September 14, 2023; next meeting will take place on Thursday, October 12, 2023.

Adjournment: Motion to adjourn the meeting made by Loren Andrews; seconded by Susan Franco- Towell. Voted all in favor, 7-0. The meeting was adjourned at 8:15 p.m.

Meeting Minutes prepared by: Rebecca M. Lukowicz

M. Dixie Foisy

Zoning Board Clerk