MINUTES -JUNE 28, 2022
MIDDLETOWN ZONING BOARD OF REVIEW
Mr. Kirton, as acting President, called the meeting to order at 6:30 pm. Mr. Huttler, as acting Secretary, called the roll. Members Kirton and Huttler were present, along with alternates Rosenthal, Lombardi and Tessier. Messrs. Miller, Silveira and Heaney were absent.
The Board continued adoption of the Minutes of the May 2022 meeting until the July 2022 meeting.
With respect to the Petition for a Special Use Permit for the property located at 42-44 & 56 Wave Avenue, the Board voted 5-0 to continue the application to the next meeting.
With respect to the Petition for a Variance for the property located at 10 Orchard Avenue, the Board voted 5-0 to continue the application to the next meeting.
With respect to the Petition for a Variance for the property located at 353 Wolcott Avenue, the Board voted 5-0 to continue the application to the next meeting.
With respect to the Petition for certain waivers for the property located at 425 Mitchell’s Lane, the Board voted 5-0 to continue the application to the July 26, 2022 meeting.
With respect to the Petitions for Special Use Permits and Variances for the property located at 137 A-E Newport Avenue, the Board voted 5-0 to continue the applications to the July 26, 2022 meeting.
With respect to the Petition for a Variance for the property located at 59 Aquidneck Avenue, the Board voted 5-0 to continue the application to the August 23, 2022 meeting.
With respect to the Summary Petition for a Variance for the property located at 433 Wolcott Avenue, there being no public comment, the Board voted 5-0 to approve the Petition.
With respect to the Summary Petition for a Variance for the property located at 73 Ellery Avenue, there being no public comment, the Board voted 5-0 to approve the Petition.
With respect to the Summary Petition for a Variance for the property located at 3 Julia Court, there being no public comment, the Board voted 5-0 to approve the Petition.
With respect to the Petition for a Variance for the property located at 15 Seascape Avenue, the Board engaged in a preliminary discussion regarding whether the Board could or should hear the case given the rejection of a Variance application by the petitioner for this property within the last year. Mr. Regan advised the Board on the “doctrine of administrative finality” and set forth the requirement that a “material change” in the application or in the surrounding neighborhood would be necessary for the Board to take up the new application. Testimony was taken from Daniel Herchenroether, architect for the applicant, which described how the proposed construction had been modified from that contained in the original application, including 4% less lot coverage and 15% less square footage. On motion made by Ms. Rosenthal and seconded by Mr. Lombardi, the Board voted 3-2 that there had been a “material change” and that the applicant could proceed with the Petition. Additional testimony was then taken from the applicant and Mr. James Houle regarding the compliance of the application with the requirements of Section 603 for grant of the Variance. Ms. Rosenthal then moved to approve the Petition, which motion was seconded by Mr. Lombardi. However, the motion failed to be adopted by a vote of 3-2 in favor of the motion, with Messrs. Huttler and Kirton voting against.
With respect to the Petition for a Special Use Permit for the property located at 62 Third Beach Road, in order to allow the guest house to be an accessory family dwelling unit for his brother, following testimony of the applicant, the Board voted to approve the application on a 5-0 vote following motion by Mr. Lombardi and second by Mr. Huttler.
With respect to the Petition for a Variance for the property located at 1 James Street, following initial discussion, and on motion of Mr. Huttler, the application was continued to the July 26, 2022 meeting.
With respect to the Petition for a Variance for the property located at 8 Wedgewood Drive, following testimony by the applicant describing the reduction in requested relief, the Board voted 5-0 to approve the Petition.
With respect to the Petition for a Variance for the property located at 287 Chases Lane, the Board voted 5-0 to approve the Petition following motion by Ms. Rosenthal seconded by Mr. Lombardi.
With respect to the Petition for a Special Use Permit for the property located at 499 East Main Road to expand liquor service to include 2 outdoor terrace areas, the Board voted 5-0 to approved the application.