ZONING BOARD OF REVIEW

MIDDLETOWN, RHODE ISLAND

MINUTES

DATE: MAY 24, 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.       Voting Members- Eric Kirton, Steven Huttler, Rick Lombardi, Emily Tessier, Tom Silveira

2.       Adoption of Zoning Board meeting minutes from February 23, 2022 & March 22, 2022, April 26, 2022

3.       Adoption of Rules and Regulations for Zoning Board of Review 2022-2023

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Zoning Board of Review Continued Petitions from May 25, 2021:

 

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

Continued to June 28th

 

Zoning Board of Review Continued Petitions from June 29, 2021:

 

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, 06/29/2021, 08/24/2021, 09/28/2021, 10/26/21, 11/23/21, 01/25/2022, 02/23/2022, 03/22/2022, 04/26/22

 

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, 06/29/2021, 08/24/2021, 09/28/2021, 10/26/21, 11/23/21, 01/25/2022, 02/23/2022, 03/22/2022, 04/26/22

Withdrawn without prejudice- Motion 1- Kirton, Motion 2- Huttler

 

 

Extension Petitions:

 

Petition of: Julia R. O’Halloran trustee (Owner) for a Variance Extension from section 803 to construct a deck previously granted by the Zoning Board of Review on April 27, 2021.    Said real estate is located at 18 Esplanade and further identified as lot 103 on tax assessor’s plat 116 NE.

Julie Ohaloran- Presented her case and requested an extension Motion 1- Lombardi

Motion 2- Kirton

Approved 5-0

 

 

Petition of: Julia R. O’Halloran trustee (Owner) for a Variance Extension from section 803 to construct a deck previously granted by the Zoning Board of Review on April 27, 2021.    Said real estate is located at 37 Tuckerman Avenue and further identified as lot 104 on tax assessor’s plat 116 NE.

Julie Ohaloran- Presented her case and requested an extension Motion 1- Lombardi

Motion 2- Kirton

Approved 5-0

 

 

New Petitions:

 

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.

Continued to June 28th

 

 

Petition of: Daniel Belhumeur (Owner) for a Variance from section 603 to construct a 16’ x 20’ entryway and room that will result in a 47.7’ setback where 50’ is required.  Said real estate is located at 2 Boulevard East and further identified as lot 155 on tax assessor’s plat 109 NE.

Daniel Belhumeur owner spoke on behalf of himself and explained the project Email correspondence by Barbara Fenlon was read into the record

Neighbor spoke about runoff issues on Green End Avenue but not specifically about this addition

 

Motion 1- Huttler

Motion 2- Lombardi

 

Approved 5-0

 

 

Petition of: Daniel J. Thibeault (Owner) for a Variance from section 603 to construct a second floor over entire existing non-conforming dwelling.  Existing setbacks are 34.6’ front where 40’ is required; 12.5’ east side where 20 is required, and a 40.5’ rear where 50’ is required.   Said real estate is located at 269 Oliphant Lane and further identified as lot 29 on tax assessor’s plat 112.

The owner Daniel Thibeault described the scope of his project Rob Spetz a neighbor spoke in opposition to the project

 

Motion 1- Lombardi

Motion 2- Kirton

 

Approved 5-0

 

Petition of: Christopher DePerro (Owner) by his attorney Girard A. Galvin, Esq. for a Variance from section 603 to construct a single-family residence located 9’ from front yard setbacks where 25’ is required; and 5’ from rear property line, where 30’ is required.   Said real estate is located at 15 Seascape Avenue and further identified as lot 103 (B) on tax assessor’s plat 115 SE.

Continued to June 28th

 

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.

Metting continued to June 28th because member Lombardi recused himself

 

Petition of: Stephen M. Sullivan (Owner) for a Special Use from section 902 article 16 to allow the guest house to be an accessory family dwelling unit for my 79-year-old brother.  Said real estate is located at 62 Third Beach Road and further identified as lot 944 on tax assessor’s plat 125.

 

Petition of: Alexandra & Paul Pierre Cayard & Kinley Michael Fowler (Owners) by their attorney Matthew Landry, Esq. for a Variance from section 603 & 903 to construct a rear 27’x17’ addition with an 18.5’ side setback where 20’ is required; and 31.5’ rear setback where 50’ is required.  Also, to construct a 15’x15’ side addition with a 26.1’ front setback where 40’ is required; thus, increasing lot coverage to 21% where 20% is allowed.  Said real estate is located at 1 James Street and further identified as lot 37 on tax assessor’s plat 122.

 

Appeal Petitions:

 

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

 

 

All items on this agenda may be considered, discussed, and voted upon.

POSTED:  MAY 20, 2022

 RI Secretary of State Webpage,

 Clerkbase, Middletown Library,

Town Hall of Middletown Bulletin Board & Middletownri.com Website.

 

 

 

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