AGENDA

POSTED – SEPTEMBER 18, 2020

REGULAR MEETING – SEPTEMBER 22, 2020  6:00 PM

ZONING BOARD OF REVIEW

LOCATION:  350 EAST MAIN ROAD, MIDDLETOWN, RHODE ISLAND

 

Said meeting will be conducted by telephone conference call/webinar on Tuesday, September 22, 2020 at 6:00 P.M., in accordance with Executive Order 20-46 issued by Governor Raimondo on April 15, 2020, extended on June 12, 2020, which modifies certain provisions of the Open Meetings Act (“OMA”) and the Access to Public Records Act (“APRA”) as part of the State’s emergency response to COVID-19.  Members of the public may access and listen to the meeting in real time on the web at:  https://zoom.us/j/92755075114  Meeting ID: 927 5507 5114 or by calling:

877 853 5247 US (Toll-free) or 888 788 0099 US (Toll-free)  Meeting ID: 927 5507 5114

To find your local number: https://zoom.us/u/abOYlybXk0

If joining the meeting via the Zoom App – please verify that you are utilizing the most recent version and updates.

Administrative:  Roll Call, Adoption of Minutes from August 25, 2020

 

Cases to be Continued / Withdrawn:

Petition of: James L. Paradise (owner) by his attorney Girard A. Galvin, Esq. for a Variance from Sections 903, 1504 & 603 to allow six - two bedroom residential units on 19,452 sq ft where 48,000 sq ft is required and a side yard setback of 17.9’ where 25’ is required.  Said real estate is located at 170 Aquidneck Avenue and further identified as lots 145,146 & 147 on tax assessor’s plat 115SE.

Continued from 2/25/2020, 3/24/2020, 6/23/2020, 7/28/2020, 8/25/2020

 

Petition of: James L. Paradise (owner) by his attorney Girard A. Galvin, Esq for a Special Use Permit and Development Plan Review from Sections 306(B), 602, 902 & 1500, et seq. to convert the existing commercial building into six residential condominium units.  Said real estate is located at 170 Aquidneck Avenue and further identified as lots 145, 146 & 147 on tax assessor’s plat 115SE.

Continued from:  2/25/2020, 3/24/2020, 6/23/2020, 7/28/2020, 8/25/2020

 

Petition of: Newport National Real Estate, LLC (owners) by their attorney Robert M. Silva, Esq. for a Variance from Section 603 & 605 to allow the construction of a clubhouse with a main roofline of 35 feet with a clocktower of 40’-8” where 30’ is allowed and a footprint of 12,863 sq ft where 10,000 sq ft is allowed.  Said real estate is located at 425 Mitchell’s Lane and further identified as lot 29 on tax assessor’s plat 124.

Continued from: 3/24/2020, 7/28/2020, 8/25/2020

 

Petition of: Stephen Faria & Barbara Walton-Faria (owners) by their attorney Robert M. Silva, Esq. for a Special Use Permit from Section 803 to allow the expansion of a non-conforming commercial use in a residential district by allowing indoor storage of contractor vehicles and equipment. Said real estate located at 595 Aquidneck Avenue & 39 Newman Road on Tax Assessor’s Plat 114 Lots 216,217 & 205A.

Continued from:  6/23/2020, 7/28/2020, 8/25/2020

 

Petition of: John R. Gullison & Bonnie F. Zimble (owners) by their attorney Jeremiah C. Lynch, III for a Variance from Sections 603, 1301(b), 1301(d), 1304, 1404 & 1406 to construct an 18 room hotel on a lot with 17,533 sq. ft. where 18,000 sq. ft. is required with an elevated parking structure with less than the required landscape butter area on the south, east and west property lines resulting in lot coverage of 53% where 35% is allowed and increasing the number of spaces to 40 where 35 are allowed.  Provide a loading space and service drive on the north side with less than the required landscape buffer.  Said real estate located at 59 Aquidneck Ave and further identitied as Lot 169 on Tax Assessor’s Plat 115SE. 

Continued from:  1/10/2017, 3/28/2017,4/25/2017, 7/25/2017, 9/26/2017, 11/28/2017, 3/27/2018, 6/26/2018, 10/23/2018, 11/27/2018, 2/26/2019, 5/28/2019, 8/27/2019, 10/22/2019, 1/28/2020, 3/24/2020, 6/23/2020

 

Petition of: John R. Gullison & Bonnie F. Zimble (owners) by their attorney Jeremiah C. Lynch, III for a Special Use Permit from Sections 602 & 1400 to allow the construction of a hotel (18 rooms) with the an accessory restaurant.  Said Real estate located at 59 Aquidneck Avenue and further identified as Lot 169 on Tax Assessor’s Plat 115SE.

Continued from: 1/10/2017, 3/28/2017,4/25/2017, 7/25/2017, 9/26/2017, 11/28/2017, 3/27/2018, 6/26/2018, 10/23/2018, 11/27/2018, 2/26/2019, 5/28/2019, 8/27/2019, 10/22/2019, 1/28/2020, 3/24/2020, 6/23/2020

 

Petition of: Cenz Corporation (owner) and GD Middletown West Main I, LLC (applicant) for a Variance from Sections 725(B)(2) & (3) to allow a ground mounted solar voltaic system with less than the required visual screening and electrical lines and connections above ground. Said real estate is located at 0 West Main Road and further identified as lot 9A on tax assessor’s plat 111.

Continued from: 7/28/2020, 8/25/2020

 

Petition of: Cenz Corporation (owner) and GD Middletown West Main I, LLC (applicant) for a Special Use Permit and Development Plan Review from Section 602, 725(A) (1), 725(B) (2) (3), 1102 (A) (3) & 1106 to allow a ground mounted solar voltaic system in Watershed Protection District Zone I.  Said real estate is located at 0 West Main Road and further identified as lot 9A on tax assessor’s plat 111.

Continued from: 7/28/2020, 8/25/2020

 

Petition of: Thomas & Ella Auchincloss (owners) by their attorney David P. Martland, Esq. for a Special Use Permit from Sections 803(A) & 1106 to enlarge an existing nonconforming use by constructing a kitchen addition to the main house which is located in Zone 1 of the Watershed Protection District.  Said real estate is located at 233 Third Beach Road and further identified as lot 149 on tax assessor’s plat 125.

 

Petition of: John & Pamela Wallace (owners) by their attorneys Chappell & Chappell for a Special Use Permit and for Development Plan Review  from Section 305, 602 & 719 to allow the use of a mixed residential and commercial use in a single building and a garage to be used as the owner’s art/pottery studio.  Said real estate is located at 819 Aquidneck Avenue and further identified as lot 129 on tax assessor’s plat 114.

 

Petition of:  Glenn P. Brogan (owner) for a Variance from Section 603 & 701 & 802(B) to demolish the existing structure and construct a 1,219 sq ft single family dwelling with a left side yard setback of 8.1’ and a right side yard setback of 8’ where 15’ is required.  Said real estate is located at 75 Tuckerman Avenue and further identified as lot 114 on tax assessor’s plat 116NE.

 

Planning Board of Appeals:

Appeal of: Eugene Goldstein (owner) by his attorney David P. Martland, Esq. from the Decision of the Planning Board dated October 18, 2019 and recorded on October 22, 2019 which denied the pending application for combined Preliminary & Final Plan approval for a proposed 8-lot major subdivision of property fronting on Prospect Avenue.  Said real estate is located approximately 0.3 miles to the east of the intersection of Prospect and Aquidneck Avenue and further identified as lot 66A on tax assessor’s plat 121NW.

Continued from 12/17/2019, 3/24/2020,6/23/2020, 8/25/2020

 

Summary Hearings:

Petition of: Beatrice B. Bazarsky Trust (owner) for a Variance from Sections 603 & 701 to allow the construction of a 2698 Square foot single family dwelling with a front yard setback of 20’ where 40’ is required. Said real estate is located at 0 Indian Terrace and further identified as lot 43A on tax assessor’s plat 129.

 

Petition of: Kerry Siebert (owner) for a Variance from Sections 603, 701 & 803(G) to allow the construction of a second floor dormer with a front yard setback of 19.8’ where 25’ is required.  Said real estate is located at 2 Balsam Avenue and further identified as lot 78 on tax assessor’s plat 108.

 

Full Hearings:

Petition of: Martini Holdings LLC (owner) and Flavia & Charles Mestrinelli (applicants) for a Special Use Permit from Sections 602, 803(A) & 902 to allow the expansion of the legal nonconforming single-family residential use and create a mixed use by the addition of a landscaping business.  Said real estate is located at 43 Vanicek Avenue and further identified as lot 68 on tax assessor’s plat 106.

 

Petition of: Lisa Cinquegrana & Paul Dias (owners) for a Special Use Permit from Article 1600 to allow an Accessory Family Dwelling. Said real estate is located at 100 Bailey Avenue and further identified as lot 934 on tax assessor’s plat 125.

 

Petition of: Halomar, Inc (owner) and Island Canine Academy, LLC by their attorney David P. Martland, Esq. for a Special Use Permit from Section 602 to allow an indoor dog training business with indoor boarding of up to five dogs. Said real estate is located at 1015 Aquidneck Avenue, Unit 1A and further identified as lot 2001 on tax assessor’s plat 113.

 

Petition of: The Lauramelissa Realty Trust (owner) and Plant City Providence, LLC (applicant) by their attorney David P. Martland, Esq. for a Special Use Permit from Sections 602 to allow a drive-thru window for use in connection with a restaurant. Said real estate is located at 619 West Main Road and further identified as lot 13 on tax assessor’s plat 107SE.

 

Petition of: James & Sandra Serpa (owners) for a Special Use Permit from Section 602 &902 to allow the expansion of the existing 2 family dwelling by allowing the construction of a 20’ x 16’ roof over the existing patio. Said real estate is located at 18&20 Orchard Avenue and further identified as lot 310 on tax assessor’s plat 115SE.

 

All items on this agenda may be considered, discussed and voted upon. This agenda is subject to change.  This meeting location is accessible to the handicapped.  Individuals requiring interpreter services for the hearing-impaired should notify the Town Clerk’s Office at 401-847-0009 not less than 48 hours before this meeting.

 

Posted on at Middletown Town Hall, Middletown Library, Middletown Web Site, and Secretary of State Web Site.

 

 

 

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