AGENDA
DATE: JUNE 29, 2021
TIME: 6:00 PM
ZONING BOARD OF REVIEW
Said meeting will be conducted by telephone conference call/webinar on TUESDAY, JUNE 29, 2021 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.
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Roll call: Present - James Miller, Eric Kirton, Thomas Silveira, Chris Souza and Thomas Heaney. Absent - Olin Gambrell, Andy Bacon, and David Huntoon. Unless otherwise indicated the voting members for the June 29, 2021 Zoning Board meeting were: Miller, Souza, Silveira, Kirton, and Heaney. The minutes for May 25, 2021 meeting were adopted without changes (5-0). Chris Souza made the motion and Eric Kirton second.
1. Referred to Planning & Conservation Committee - Petition of: A-1 Roofing & Construction, LLC. (Owners) by their attorney David P. Martland, Esq. for Special Use from section 1106 to construct a 5,200 square foot office and special trade contractor building. Associated parking and water quality improvements as approved by RIDEM located in Zone 1 of the Watershed Protection District. Said real estate is located at 990 Aquidneck Avenue and further identified as lot 507 on tax assessor’s plat 114. The petition of: A-1 Roofing & Construction, LLC. (owners) was referred to the Planning Board & Conservation Committee. David P. Martland, Esq., made the request on behalf of the owners. The case was continued to the Aug 24, 2021 meeting.
2. Referred to Planning & Conservation Committee - Petition of: On the Pond, LLC (owners) and Diego’s Middletown, LLC (applicant) by their attorney David P. Martland, Esq. for a Special Use permit from section 602, 803 A & 1103 (B) to permit the expansion of an existing restaurant with liquor license located in Zone 1 of the Watershed Protection District by reconstructing and expanding a 324 sq. ft covered second floor deck and adding a 150 sq. ft third floor deck to the rear of the structure while reducing the overall capacity.. Said real estate is located at 116 Aquidneck Avenue and further identified as lot 135 & 136 on tax assessor’s plat 115 SE. The petition of: On the Pond LLC, (owners) and Diego’s Middletown, LLC (applicant) was referred to the Planning Board & Conservation Committee. David P. Martland, Esq., made the request on behalf of the owners. The case was continued to the Jul 27, 2021 meeting.
3. Referred to Planning & Conservation Committee - Petition of: On the Pond, LLC (owners) and Diego’s Middletown, LLC (applicant) by their attorney David P. Martland, Esq. for a Variance from section 603, 701 & 803 G to allow the reconstruction of a second floor covered deck with a right side yard setback of 12.9’ where 20’ is required and a 48.8’ rear yard setback where 50’ is required. Said real estate is located at 116 Aquidneck Avenue and further identified as lot 135 & 136 on tax assessor’s plat 115 SE. The petition of: On the Pond LLC, (owners) and Diego’s Middletown, LLC (applicant) was referred to the Planning Board & Conservation Committee. David P. Martland, Esq., made the request on behalf of the owners. The case was continued to the Jul 27, 2021 meeting.
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, 9/22/2020, 11/10/2020, 11/24/2020, 1/26/2021, 2/23/2021, 3/23/2021. The petition of: Cenz Corporation (owner) and GD West Main I, LLC, (applicant) was referred to the Planning Board. Jerome Lynch, Esq., made the request on behalf of the owners. The case was continued to the Aug 24, 2021 meeting.
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, 9/22/2020, 11/10/2020, 11/24/2020, 1/26/2021, 2/23/2021, 3/23/2021. The petition of: Cenz Corporation (owner) and GD West Main I, LLC, (applicant) was referred to the Planning Board. Jerome Lynch, Esq., made the request on behalf of the owners. The case was continued to the Aug 24, 2021 meeting.
Petition of: Newport National Real Estate, LLC (owners) by their attorney Robert M. Silva, Esq. for a variance from section 603 to allow the construction of a clubhouse pursuant to plans prepared by DiPrete Engineering and Cordtsen Design Architecture (filed previously) with a main roofline of 35’ and a clocktower element of 40’ 8” where the maximum height of 30’ 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: 04/27/2021. The petition of National Real Estate, LLC (owners) was referred to the Planning Board. Their attorney Robert M. Silva, Esq., made the request on behalf of the owners. The case was continued to the Aug 24, 2021 meeting.
Petition of: John Silvia III & Kate Silvia (owners) for a variance from section 603, 701 & 803C to construct a new living room/kitchen addition to the existing single family dwelling which results in a front yard setback of 19’4” where 40’ is required. Said real estate is located at 749 Mitchell’s Lane and further identified as lot 107 on tax assessor’s plat 124.
Continued from: 05/25/2021. The case was continued due to the Jul 27, 2021 meeting due to the lack of a quorum. One of the five voting board members (Chris Souza) is an abutter. IAW the Zoning by-laws the board requires five voting members present to hear a case.
Petition of: Telly Amarant and Elizabeth Amarant (owners) by their attorney Christopher J. Behan, Esq. for a Special Use permit from sections 902, 602, & 805 to allow the two family residential use pursuant to Section 602 & 805 for the two family on a lot that does not meet the standards of Section 603. Said real estate is located at 163 Aquidneck Avenue and further identified as lot 14 on tax assessor’s plat 115 SE.
Continued from: 05/25/2021 meeting and a further request to continue to July 27, 2021 on June 18, 2021. The petition of Telly Amarant and Elizabeth Amarant (owners) was continued. Their attorney Christopher J. Behan, Esq., made the request on behalf of the owners. The case was continued to the Jul 27, 2021 meeting.
Petition of: Telly Amarant and Elizabeth Amarant (owners) by their attorney Christopher J. Behan, Esq. for a Variance from sections 903 & 603 to tear down the existing commercial structure and construct a two-family residence. Resulting in 31.2% lot coverage where 25% is allowed. A front yard setback of 18’- 1” where 25’ is required. A Southerly side yard setback of 6’ and a Northerly setback of 12’- 1/2” where 20’ is required for both. Said real estate is located at 163 Aquidneck Avenue and further identified as lot 14 on tax assessor’s plat 115 SE.
Continued from: 05/25/2021 meeting and a further request to continue to July 27, 2021 on June 18, 2021. The petition of Telly Amarant and Elizabeth Amarant (owners) was continued. Their attorney Christopher J. Behan, Esq., made the request on behalf of the owners. The case was continued to the Jul 27, 2021 meeting.
Petition of: The Clambake Club of Newport (owners) by their attorney Robert M. Silva, Esq. for a Special Use permit from section 803 A to allow for an expansion of an existing non-conforming use by way of construction of an outdoor covered deck (24.5’ x 25.8’). Said real estate is located at 353 Tuckerman Avenue and further identified as lot 139 on tax assessor’s plat 122.
Continued from: 05/25/2021. The petition of the Clambake Club of Newport (owners) by their attorney Robert M. Silva, Esq. for a special use permit to allow for the expansion of an existing non-conforming use. Mr. Silva provided three expert witnesses to provide technical details to support granting the special use: David Brey, Cuputo Wicks; Robert Fairbanks, Engineer, and J. Nathan Godfrey, Real Estate. All three were recognized as experts by the board. Bottom line: the addition of the outside covered deck did not violate any of the five special criteria. When the president, James Miller opened the hearing to the public no one spoke out against the petition.
The board found the petition met the special use requirements especially: will not result in the diminution of property value, will not be detrimental or injure the appropriate use of the property, and will not result in any hazardous conditions. The petition of the Clambake Club of Newport (owners) was approved (5-0). Eric Kirton made the motion to approve and Thomas Silveria second.
Petition of: Philip Roberson & Lisa Anastos (owners) for a Variance from sections 603 & 701 to construct a shed of approximately 12’ x 16’ resulting in a front yard setback of 25’ where 40’ is required. Said real estate is located at 1 South Drive and further identified as lot 58 on tax assessor’s plat 117. The board found the petition met the variance requirements especially: the hardship from which the applicant seeks relief is not the result of any prior action of the applicant, is due to the unique characteristics of the subject land, and is compatible with the town’s comprehensive community plan. The petition of Philip Roberson & Lisa Anastos (owners) was approved (5-0). Chris Souza made the motion to approve and Thomas Silveira second.
Petition of: Carlos Godoy and Susan Closter-Godoy (owners) for a Variance from sections 603 & 701 to construct a 16’ x 20’ one story addition and a 14’ x 18’ deck resulting in a South side setback of 16’ where 30’ is required. Said real estate is located at 19 Bartlett Road and further identified as lot 84 on tax assessor’s plat 129. The board found the petition met the variance requirements especially: the hardship from which the applicant seeks relief is not the result of any prior action of the applicant, is due to the unique characteristics of the subject land, and is compatible with the town’s comprehensive community plan. The petition of Bob Carlos Godoy and Susan Closter-Godoy (owners) was approved (5-0). Chris Souza made the motion to approve and Thomas Silveira second.
Petition of: Susan M. Woods (owner) for a Variance from sections 603, 701 & 803 G to add a 12.9” x 4.5” front porch addition to existing porch. Resulting in a 28’ Wolcott Avenue front and an 18’ James Street front where 40’ fronts are required. Said real estate is located at 468 Wolcott Avenue and further identified as lot 29 on tax assessor’s plat 122. The petition of Susan M. Woods was presented by herself. Ms. Woods explained the details of her request. She also pointed out that she had to deal with the unique requirements of having a corner lot: she has to deal with two front yard setbacks. So even though she has the space for the front porch extension they are within the two front yard setbacks. When the president, James Miller opened the hearing to the public no one spoke out against the petition.
The board found the petition met the variance requirements especially: the hardship from which the applicant seeks relief is not the result of any prior action of the applicant, is due to the unique characteristics of the subject land, and is compatible with the town’s comprehensive community plan. The petition of Susan M. Woods (owner) was approved (5-0). Thomas Silveira made the motion to approve and Chris Souza second.
Petition of: Thomas and Ella Auchincloss (owners) by their attorney David P. Martland, Esq. for a Special Use from sections 803 A & 1106 to construct a 12’ x 19’ one story home office/study addition to the main house which is located in Zone 1 of the Watershed Protection District pursuant to plans filed with said petition. Said real estate is located at 233 Third Beach Road and further identified as lot 149 on tax assessor’s plat 125. The petition of Thomas and Ella Auchincloss (owners) was continued. Their attorney David P. Martland, Esq., made the request on behalf of the owners. The case was continued to the Jul 27, 2021 meeting.
Petition of: Benjamin J. Contessa (owner) for a Special Use from sections 602 to allow use of existing non-conforming dwelling structure to continue as a two family dwelling. Said real estate is located at 183 Wolcott Avenue and further identified as lot 282 & 283 on tax assessor’s plat 115 SE. The petition of Benjamin J. Contessa (owner) was continued to the Jul 27, 2021 meeting.
Petition of: Benjamin J. Contessa (owner) for a Variance from sections 603 & 701 to allow subdivision of lot 282 and 283 resulting in an undeveloped lot 282 with frontage of 61.24’ where 100’ is required and lot 283 maintaining the existing two family dwelling with a right side yard setback of 2.3’ where 20’ is required, front yard setback of 7.4’ where 25’ is required. Lot are of 10,960 square feet 15,000 required and frontage of 80.54’ where 120’ is required. Said real estate is located at 183 Wolcott Avenue and further identified as lot 282 & 283 on tax assessor’s plat 115 SE. The petition of Benjamin J. Contessa (owner) was continued to the Jul 27, 2021 meeting.
Petition of: David Shrake (owner) and Sean Slade (applicant) for a Variance from sections 603, 701 & 803 G to construct a 26’ x 28’ one story two stall garage resulting in a 12’ West side setback where 30’ is required. Said real estate is located at 614-616 Green End Avenue and further identified as lot 13 on tax assessor’s plat 120. The petition of Sean Slade (owner) and David Shrake (applicant) was continued to the Jul 27, 2021 meeting.
A motion was made at 7:12 to adjourn the meeting. Eric Kirton made the motion to approve and Thomas Silveira second. The motion was approved 5-0.
All items on this agenda may be considered, discussed and voted upon. This agenda is subject to change.
POSTED: JUNE 23, 2021 on RI Secretary of State, Clerkbase, Library, Town of Middletown