MIDDLETOWN, RHODE ISLAND
MEETING MINUTES
DATE: AUGUST 23, 2022
TIME: 6:00 PM
LOCATION: TOWN HALL CHAMBERS -350 EAST MAIN ROAD
*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.
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Administrative:
1. Roll call. The Zoning Board of Review was called to order at 6:03 pm. The board members present: James Miller (chairman), Thomas Silveira (vice chairman), Stephen Huttler, Judith Rosenthal, Emily Tessier, and Thomas Heaney (secretary). Absent: Eric Kirton. Unless otherwise indicated the voting members for the April 26, 2022 meeting are: Miller, Silveira, Huttler, Rosenthal and Heaney.
2. Adoption of Zoning Board meeting minutes from May24, 2022 & June 28, 2022. The zoning board minutes for the May and June meetings were adopted without changes. Stephen Huttler made the motion to adopt, Thomas Silveira second the motion.
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Petition of: Atlantic Beach Suites II, LLC (Owner) by their attorney, David P. Martland, Esq. for a Special Use Permit from Section 602, Articles 11 & 14 to permit a 23-unit hotel in the Limited Business (LB) zone and Zone I of the Watershed Protection District. The Zoning Board shall also receive the positive recommendation from the Planning Board in connection with the Development Plan Review. Said real estate is located at 42-44 & 56 Wave Avenue and further identified as lots 4,5 & 6 on tax assessor’s plat 116NW.
Continued from: 4/24/2018, 5/22/2018, 8/28/2018, 9/29/2018, 11/27/2018, 2/12/2019, 2/26/2019, 3/26/2019, 4/23/2019, 5/28/2019, 6/25/2019, 7/23/2019, 8/27/2019, 9/24/2019, 10/22/2019, 11/26/2019, 1/28/2020, 2/25/2020, 4/21/2020, 8/25/2020, 11/24/2020, 1/26/2021, 2/23/2021, 3/23/2021, 04/25/2021, 08/24/2021, 09/28/2021, 10/26/21, 11/23/21, 01/25/2022, 02/23/2022, 03/22/2022,04/26/22, 05/24/22, 06/28/22, 07/26/22. A motion to continue the Special Use Permit petition of Atlantic Beach Suites II, LLC (Owner) was made by their attorney, David P. Martland, Esq. The case was continued to a Special meeting on Oct 4th, 2022.
Petition of: Nancy Love Robertson & Sharon Kay Dodson (Owners) by their attorney David P. Martland, Esq. for a Variance from section 603 to expand the existing single-family home by removing the existing roof and building a new roof that is approximately 5’ higher than existing non-conforming house, construct a covered porch where the covered patio exists and a deck. Existing setbacks: 3’ front yard setback where 25’ is required and 4.1’ side yard setback where 15’ is required. Said real estate is located at 10 Orchard Avenue and further identified as lot 311 on tax assessor’s plat 115 SE. The petition of Nancy Love Robertson & Sharon Kay Dodson (Owners) by their attorney, David P. Martland, Esq. for a Variance from section 603 to expand the existing single-family home by removing the existing roof and building a new roof that is approximately 5’ higher than existing non-conforming house, construct a covered porch where the covered patio exists and a deck. Mr. Martland testified on behalf of the owners. Mr. Martland testified as follows: the owners want to upgrade as they now use the home as their primary residence. Further, the conditions of the second floor is non-conforming. The rennovations will allow them full use of their home. Mr. Martland called two witnesses: Christopher Arner (Architect) and Karen Laveria (Neighbor). Mr. Arner described the home’s design, noting the structure wasn’t as tall or large as was allowed. This was purposeful as the owner’s wanted to build a unit with limited massing, similar to homes nearby. Ms. Laveria stated the neighbors we pleased with the variance proposed as it was modest and in keeping with the surrounding homes. When the Chairman opened the meeting to the public, no one spoke out against the petition. After closing the hearing a motion was made to approve the petition by Stephen Huttler and second by Judith Rosenthal. Following a discussion, among the Board members the board voted 5-0 to approve the petition. The reasons given for approval are:
1. That the hardship Petitioner faces is not the result of any prior action of petitioners;
That the motivation for the Petition is to build a dwelling with greater capacity for their family;
2. That the hardship wasn’t the result of any prior actions on their part
3. That the relief requested is the least relief necessary;
4. That the granting of this accommodation will not alter the general character of the surrounding area.
Petition of: Mackenzie Monteiro (Owner) for a Variance from section 603 to construct a second and third floor over existing structure. Existing Southside setback 8.5’ where 15’ is required; and 11.2’ front yard setback where 25’ is required. Said real estate is located at 353 Wolcott Avenue and further identified as lot 60 on tax assessor’s plat 116 NE. The petition of Mackenzie Monteiro (Owner) for a Variance from section 603 to construct a second and third floor over existing structure. Ms. Monteiro grew up in Middletown and recently purchased the property adjacent to her childhood home. She wants to renovate the home built in the 1940s. She plans to reside in the home as her primary residence. The addition of two additional floors gives her a home in keeping with the character of the neighborhood. By building in the footprint of the existing property she is actually protecting the neighbors views of Easton’s Beach. Her father (Jack Monteiro) and another abutter (Paul Burnard) spoke on her behalf supporting the proposed renovation. When the Chairman opened the meeting to the public, no one spoke out against the petition. After closing the hearing a motion was made to approve the petition by Judith Rosenthal and second by Thomas Silveira. Following a discussion, among the Board members the board voted 5-0 to approve the petition. The reasons given for approval are:
1. That the hardship Petitioner faces is not the result of any prior action of petitioners;
That the motivation for the Petition is to build a dwelling with greater capacity for their family;
2. That the hardship wasn’t the result of any prior actions on their part
3. That the relief requested is due to the unique characteristics of the subject structure;
4. That the granting of this accommodation will not alter the general character of the surrounding area.
Petition of: Alexandra Cayard, Paul Pierre Cayard, Kinley Michael Fowler (Owners) and their attorney Matthew Landry, Esq. for a Variance from section 603 & 903 to modify existing single-family and provide additional living space on 1st floor with proposed 2nd floor addition. 1st floor modification requires a rear yard setback variance (50’ required/31.5’ proposed) and side yard setback (20’ required/18.5’ proposed). A portion of the second-floor addition is located within existing building footprint and within existing setbacks as follows: existing front yard setback (40 required/request of 20.2); existing left side yard setback (20’ required/request of 13.5’). Said real estate is located at 1 James Street and further identified as lot 37 on tax assessor’s plat 122. The petition of Alexandra Cayard, Paul Pierre Cayard, Kinley Michael Fowler (Owners) and their attorney Matthew Landry, Esq. for a Variance from section 603 & 903 to modify existing single-family and provide additional living space on 1st floor with proposed 2nd floor addition. Mr. Landry provided the details of the proposal on behalf of his clients. Then he called on Mr. Fowler to testify. Mr. Fowler spoke about his project which is his primary residence. He explained the coordination he’s made with his neighbors regarding the renovations. As a result of this coordination he’s made a number of adjustments to his proposal based on neighbors concerns. The steps Mr. Fowler took satisfied all by one abutter, Jacqueline Gozdz. Mr. Landry called the architect, Lori Keento testify about the technical design of the renovations. Ms. Keen explained the details of the project , including all measure taken to address the storm water run-off. Ms. Gozdz retained attorney, David P. Martland, Esq. to speak on her behalf. Ms. Gozdz concerned is over the storm water run-off from the Fowler property onto her property. Ms. Keen testified that Mr. Fowler’s renovation will include measures to mitigate the run-off from his property (all gutters are integrated into an underground filtration basin or will drain into a rain garden). Each of these systems are measures required by the state for this project. When the Chairman opened the meeting to the public, a number of neighbors spoke out against the petition (Mr. DiPippo, Ms. Gozdz, Barry Doyle and Dianne Rooney). One abutter, Nancy Marky supported the petition. After closing the hearing a motion was made to approve the petition by Thomas Silveira and second by Thomas Heaney. Following a discussion, among the Board members the board voted 5-0 to approve the petition. The reasons given for approval are:
1. That the hardship Petitioner faces is not the result of any prior action of petitioners;
That the motivation for the Petition is to build a dwelling with greater capacity for their family;
2. That the hardship wasn’t the result of any prior actions on their part
3. The relief requested is due to the unique characteristics of the subject land and existing structure.
4. That the granting of this accommodation will not alter the general character of the surrounding area.
Petition of: Newport National Real Estate, LLC (Owner) by their attorney Robert M. Silva, Esq. hereby requesting approval of certain Waivers from Section 521 as approved by the decision of the Middletown Planning Board (copy attached) at its meeting on January 24, 2022. Petitioner respectfully requests that the Zoning Board of Review formally grant approval of said Waivers pursuant to authority granted said Zoning Board of Review pursuant to Section 1011 of the Planning Board’s Rules and Regulations. Testimony has already been presented, on record, and is up for vote only. Said real estate is located at 425 Mitchell’s Lane and further identified as lot 29 on tax assessor’s plat 124. The petition of Newport National Real Estate, LLC (Owner) by their attorney Robert M. Silva, Esq. hereby requesting approval of certain Waivers from Section 521 as approved by the decision of the Middletown Planning Board (copy attached) at its meeting on January 24, 2022. Mr. Silva, on behalf of his client, respectfully requests that the Zoning Board of Review formally grant approval of said Waivers pursuant to authority granted said Zoning Board of Review pursuant to Section 1011 of the Planning Board’s Rules and Regulations. After hearing Mr. Silva’s request the matter was brought to a vote. The motion was made to approve the petition by Stephen Huttler and second by Judith Rosenthal. The Board members voted 5-0 to approve the petition.
Petition of: A-1 Roofing & Construction, LLC (Owners) and their attorney David P. Martland, Esq. for a Special Use from section 602 to construct a (2) two-family dwelling on lot 130 with a side yard setback of 15’ where 20’ is required, 116’ frontage where 120’ is required on a lot of 8,459 sq. feet where 15,000 is required. Said real estate is located at 137 A-E Newport Avenue and further identified as lot 130 on tax assessor’s plat 115 SE. A motion to continue the Special Use Permit petition of A-1 Roofing & Construction, LLC (Owner) was made by their attorney, David P. Martland, Esq. The case was continued to the Sep 27, 2022 meeting.
Petition of: A-1 Roofing & Construction, LLC (Owners) and their attorney David P. Martland, Esq. for a Variance from section 603 to construct a (2) two-family dwelling on lot 130 with a side yard setback of 15’ where 20’ is required, 116’ frontage where 120’ is required on a lot of 8,459 sq. feet where 15,000 is required. Said real estate is located at 137 A-E Newport Avenue and further identified as lot 130 on tax assessor’s plat 115 SE. A motion to continue the Variance petition of A-1 Roofing & Construction, LLC (Owner) was made by their attorney, David P. Martland, Esq. The case was continued to the Sep 27, 2022 meeting.
Petition of: A-1 Roofing & Construction, LLC (Owners) and their attorney David P. Martland, Esq. for a Special Use from section 602 to construct a (2) two-family dwelling on lot 129 with a side yard setback of 7.9’ where 20’ is required, 60’ frontage where 120’ is required on a lot of 6,524 sq. feet where 15,000 is required. Said real estate is located at 137 A-E Newport Avenue and further identified as lot 129 on tax assessor’s plat 115 SE. A motion to continue the Special Use Permit petition of A-1 Roofing & Construction, LLC (Owner) was made by their attorney, David P. Martland, Esq. The case was continued to the Sep 27, 2022 meeting.
Petition of: A-1 Roofing & Construction, LLC (Owners) and their attorney David P. Martland, Esq. for a Variance from section 603 to construct a (2) two-family dwelling on lot 129 with a side yard setback of 7.9’ where 20’ is required, 60’ frontage where 120’ is required on a lot of 6,524 sq. feet where 15,000 is required. Said real estate is located at 137 A-E Newport Avenue and further identified as lot 129 on tax assessor’s plat 115 SE. A motion to continue the Variance petition of A-1 Roofing & Construction, LLC (Owner) was made by their attorney, David P. Martland, Esq. The case was continued to the Sep 27, 2022 meeting.
Petition of: Bernard & Marianne Toole (Owners) for a Variance from section 603 to construct a 10’ x 28’ second-floor addition, resulting in a 12’ 9” setback on the South side yard where 15’ is required. Said real estate is located at 11 Gunning Court and further identified as lot 21 on tax assessor’s plat 115. A motion to continue the Variance petition of Bernard & Marianne Toole (Owners) was made by their attorney, J. Russell Jackson, Esq. The case was continued to the Sep 27, 2022 meeting.
Petition of: Jennifer & Christopher Dwyer (Owners) for a Variance from section 603 to construct a 30.7’ x 7’ front covered porch, resulting in a 14.4’ front yard setback where 25’ is required. Said real estate is located at 158 Briarwood Avenue and further identified as lot 304 on tax assessor’s plat 115. The petition of Jennifer & Christopher Dwyer (Owners) for a Variance from section 603 to construct a 30.7’ x 7’ front covered porch, resulting in a 14.4’ front yard setback where 25’ is required. Mr. Dwyer testified as follows: the purpose of the proposed petition is to expand an existing home by adding additional living space. He stated that the proposed extension is located in the only area on the lot which could support the renovation. There were not a lot of options due to the unique characteristics of the lot. The neighbors supported the Dwyer’s petition. When the Chairman opened the meeting to the public, no one spoke out against the petition. After closing the hearing to public comment, a motion was made to approve the petition by Thomas Silveira and second by Judith Rosenthal. Following a discussion, among the Board members the Board voted to approve the Petition 5-0. A summary of the board reasons for granting the approval:
1. That the hardship Petitioner faces is not the result of any prior action of Petitioner;
That the motivation for the Petition is to build a dwelling with greater capacity for the family;
2. That the relief requested is the least relief necessary;
3. That the granting of this accommodation will not alter the general character of the surrounding area.
Petition of: John Gullison & Bonnie Zimble (Owners) by their Attorney Jeremiah C. Lynch, III, Esq. for an Appeal from section(s)901 & 317. The applicants appeal the decision of the Building Officials/Zoning Officer requiring a variance under section(s) 603 & 1404. The Applicants also appeal the requirement that screening for roof mechanicals be no higher than the permitted height limits of the ordinance and that parking is prohibited in the North side yard setback. Said real estate is located at 59 Aquidneck Avenue and further identified as lot 169 on tax assessor’s plat 115 SE. Continued from: 04/26/22, 05/24/22, 06/28/22. A motion to continue the appeal of John Gullison & Bonnie Zimble (Owners) was made by their Attorney Jeremiah C. Lynch, III, Esq. The case was continued to the Sep 27, 2022 meeting.
Petition of: People’s Credit Union (Owners) by their Attorney Robert M. Silva, Esq. for an Appeal from the Middletown Planning Board’s decision on May 17, 2022 which denied its application for Development Plan Review and requested Waivers from certain provisions of Section 521 of the Middletown Rules and Regulations regarding the Subdivision and development of the property, specifically but not limited to, the provision of §521.2.C which provides that building extensions and roofs must be constructed of traditional materials such as wooden clapboards, shingles, patterned shingles, brick or stone. The Applicant proposed to remove the existing canopy, install a new canopy and the use of additional exterior insulation finishing system (EIFS) trim to match existing material, and proposed a building design which did not include traditional New England architectural elements. The Planning Board’s decision failed to grant the requested Waivers notwithstanding the fact that the Town’s building design regulations, if literally enforced, are impracticable and will exact undue hardship on the Applicant because of the particular existing conditions pertaining to the existing structure. Said real estate is located at 858 West Main Road and further identified as lot 4, 5, 6, 7 & 8 on tax assessor’s plat 107 NE. A motion to continue the appeal of People’s Credit Union (Owners) was made by their Attorney Robert M. Silva, Esq. Attorney Robert M. Silva, Esq. will file a brief within 2 weeks addressing the grounds for the appeal. The town Solicitor will file a response within one week after receiving the brief. The case was continued to the Sep 27, 2022 meeting.
Petition of: Patrick Sweet & Jennifer Corona (Appellants) by their Attorney J. Russell Jackson, Esq. for an Appeal from the Middletown Planning Board’s decision on May 18, 2022, for Master Plan Approval of a Major Land Development Project. Said real estate is located at 656 & 670 – 716 Aquidneck Avenue and further identified as lot 107, 107A, 107B, 107D,107E, 108 & 109 on tax assessor’s plat 114. A motion to continue the appeal of the Middletown Planning Board regarding major land development plan of Patrick Sweet & Jennifer Corona (Appellants) was made by their Attorney J. Russell Jackson, Esq. The case was continued to the Sep 27, 2022 meeting.
Petition of: Landlord – MMR LLC (Owners) and Island Cinemas 10 LLC (Applicant) by their attorney Joe Matskin for a Special Use from section 602 to allow the beer, wine and alcohol to be a menu option at the Island Cinema. Said real estate is located at 866 West Main Road and further identified as lot 150 on tax assessor’s plat 106. A motion to continue the Special Use Permit petition of Landlord – MMR LLC (Owners) and Island Cinemas 10 LLC (Applicant) was made by their attorney Joe Matskin (Owner). The case was continued to the Sep 27, 2022 meeting.
Petition of: Edward Gurka (Owner) for a Variance from section 603 to build a roof structure over the existing rear deck resulting in a 24’ setback where 50’ is required. Said real estate is located at 156 Island Drive and further identified as lot 815 on tax assessor’s plat 117. The petition of Edward Gurka (Owner) for a Variance from section 603 to build a roof structure over the existing rear deck resulting in a 24’ setback where 50’ is required. Mr. Gurka spoke on his own behalf. He provided the details for his petition. The request was straight forward and there were no additional questions from the board. When the Chairman opened the meeting to the public, no one spoke out against the petition. After closing the hearing a motion was made to approve the petition by Stephen Huttler and second by Thomas Silveira. Following a discussion, among the Board members the board voted 5-0 to approve the petition. The reasons given for approval are:
1. That the hardship Petitioner faces is not the result of any prior action of petitioner;
That the motivation for the Petition is to build a dwelling with greater capacity for their family;
2. That the hardship wasn’t the result of any prior actions on their part
3. That the relief requested is due to the unique characteristics of the subject structure;
4. That the granting of this accommodation will not alter the general character of the surrounding area.
Petition of: James Morris (Owner) for a Variance from section 603 to build a two (2) car garage and covered front porch. Resulting in a 7’ West side and 23’ East side setback where 30’ is required; and a 30’ front yard setback where 40’ is required. Said real estate is located at 608 Green End Avenue and further identified as lot 12 on tax assessor’s plat 120. The petition of James Morris (Owner) for a Variance from section 603 to build a two (2) car garage and covered front porch. Mr. Morris spoke on his own behalf. He provided the details for his petition. The request was straight forward and there were no additional questions from the board. When the Chairman opened the meeting to the public, no one spoke out against the petition. After closing the hearing a motion was made to approve the petition by Judith Rosenthal and second by Thomas Silveira. Following a discussion, among the Board members the board voted 5-0 to approve the petition. The reasons given for approval are:
1. That the hardship Petitioner faces is not the result of any prior action of Petitioner;
That the motivation for the Petition is to build a dwelling with greater capacity for the family;
2. That the relief requested is the least relief necessary;
3. That the granting of this accommodation will not alter the general character of the surrounding area.
Petition of: William & Catherine Nash (Owners) for a Variance from section 603, 701 & 703 to construct a 15’ x 28’ semi-inground swimming pool with a rear yar setback of 8’ where 10’ is required and a side yard setback of 11.5’ where 15’ is required. Also, to install a 14’ x 16’ open pavilion with a rear yard setback of 3’ where 10’ is required and a side yard setback of 3’ where 15’ is required. Also, to increase lot coverage from 27.78% to 37.14% where 25% is permitted. Said real estate is located at 73 Allston Avenue and further identified as lot 237 on tax assessor’s plat 115 SE. A motion by was made William & Catherine Nash (Owners) to continue the Variance petition to the September 27, 2022 meeting.
Petition of: Newport County Regional YMCA (Owners) by their attorney Robert M. Silva, Esq. for a Special Use from section §1212 (A) to allow three (3) signs where two (2) are permitted with all signs to be reverse illuminated channel letters. Said real estate is located at 792 Valley Road and further identified as lot 1 on tax assessor’s plat 115. The petition of Newport County Regional YMCA (Owners) by their attorney Robert M. Silva, Esq. for a Special Use from section §1212 (A) to allow three (3) signs where two (2) are permitted with all signs to be reverse illuminated channel letters. Mr. Silva spoke on behalf of his clients. He provided the details for this petition noting the unique characteristics of the building and it’s location. The request was considered and the board asked a few clarifying questions regarding the measures taken to protect against light pollution and noting the positioning of the structure off the roadways (Valley and John Clarke). When the Chairman opened the meeting to the public, no one spoke out against the petition. After closing the hearing a motion was made to approve the petition by Thomas Heaney and second by Judith Rosenthal. Following a discussion, among the Board members the board voted 5-0 to approve the petition. The reasons given for approval are:
1. That the hardship Petitioner faces is not the result of any prior action of petitioner;
That the motivation for the Petition is to build a structure with greater capacity for the community;
2. That the hardship wasn’t the result of any prior actions on their part
3. That the relief requested is due to the unique characteristics of the subject land and structure;
4. That the granting of this accommodation will not alter the general character of the surrounding area.
Petition of: Callahan Judge (Owner) and his attorney J. Russell Jackson, Esq. for a Special Use from 602 & 902 for permission to convert his single-family residence to a two-family residence. Said real estate is located at 206 Maple Avenue and further identified as lot 1 on tax assessor’s plat 108 NW. A motion to continue the Special Use petition of Callahan Judge (Owner) was made by his attorney, J. Russell Jackson, Esq. The case was continued to the Sep 27, 2022 meeting.
Petition of: Callahan Judge (Owner) and his attorney J. Russell Jackson, Esq. for a Variance from 603 & 903 to convert his single-family residence to a two-family residence. Resulting in a West side setback of 11.3’ where 20’ is required, 20.6’ front yard setback where 25’ is required and 27.5’ rear yard setback where 30’ is required. The existing lot coverage is 8,819 square feet where 15, 000 is required. Said real estate is located at 206 Maple Avenue and further identified as lot 1 on tax assessor’s plat 108 NW. A motion to continue the Variance petition of Callahan Judge (Owner) was made by his attorney, J. Russell Jackson, Esq. The case was continued to the Sep 27, 2022 meeting.
Petition of: Cloud Nine Homes, LLC. (Owners) for a Variance from section 603 article 6 to construct a second-floor addition and to rework the first-floor layout, resulting in a 42’ rear yard setback where 50’ is required; a right-side setback of 12’ 8” where 20’ is required and a front yard setback of 14’ where 40’ is required. Said real estate is located at 3 Kent Road and further identified as lot 101 on tax assessor’s plat 122. Due to time limitations a motion was made to continue the Variance petition of Cloud Nine Homes, LLC. (Owners) to the September 27, 2022 meeting.
A motion to adjourn the August 23d, 2022 meeting by Thomas Silveira, Judith Rosenthal provided the second. The meeting was adjourned at 9:15 pm.
All items on this agenda may be considered, discussed, and voted upon.
POSTED: AUGUST 19, 2022
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