January 24, 2023 – Continued Petitions:

Petition of: Prescott Point Investor, LLC (Owner) Jeremiah C. Lynch III, Esq. (Attorney) for a Special Use Section 902, Article 9 to permit the construction of a 20-unit multifamily dwelling project, with a 2,500 sqft. clubhouse.  Said real estate is located at 0 West Main Road and further identified as lot 7 on tax assessor’s plat 104. The petition of Prescott Point Investor, LLC (Owner) and their attorney Jeremiah C. Lynch III, Esq. for a Special Use to Section 902, Article 9 to permit the construction of a 20-unit multifamily dwelling project was continued to the May 23, 2023 meeting.

Petition of: Prescott Point Investor, LLC (Owner) Jeremiah C. Lynch III, Esq. (Attorney) for a Variance from Section 603, 1506 (A), 1508 (A) & 903 to construct principal buildings, with windows, within 50’ of the adjacent building and to permit the construction of a multifamily dwelling project with maximum building height of 45’ where 35’ is allowed.  Additionally, seeking variance for multifamily dwelling project not connected to sewer system.  Said real estate is located at 0 West Main Road and further identified as lot 7 on tax assessor’s plat 104. The petition of Prescott Point Investor, LLC (Owner) and their attorney Jeremiah C. Lynch III, Esq. for a Variance from Section 603, 1506 (A), 1508 (A) & 903 to permit the construction of a 20-unit multifamily dwelling project was continued to the May 23, 2023 meeting.

Petition of: The Newport County Regional YMCA (Owner) Robert M. Silva, Esq. (Attorney) for a Special Use section 605 (B)(1) to allow the footprint of the existing facility to exceed the maximum allowable footprint of 35,000 sqft. by the construction of a Day Care Center containing 4,196 sqft.  Said real estate is located at 792 Valley Road and further identified as lot 1 on tax assessor’s plat 115. The petition of the Newport County Regional YMCA (Owner) Robert M. Silva, Esq. (Attorney) for a Special Use Section 605 (B)(1) to allow the footprint of the existing facility to exceed the maximum allowable footprint of 35,000 sqft. by the construction of a Day Care Center containing 4,196 sqft. This petition was continued to the May 23, 2023 meeting.

March 28, 2023 – Continued Petition:

Petition of: Raymond Paul Pineault Jr. (Owner) David P. Martland, Esq. (Attorney) for a Variance from Section 603 to construct an inground pool located 5’5” from the Northerly side lot line and 5’7” from the Easterly side lot line where 15’ is required resulting in lot coverage of 29.3% where 25% is allowed.  Said real estate is located at 210 Purgatory and further identified as lot 31 on tax assessor’s plat 116 NE. The petition of Raymond Paul Pineault Jr. (Owner) David P. Martland, Esq. (Attorney) for a Variance from Section 603 to construct an inground pool located 5’5” from the Northerly side lot line and 5’7” from the Easterly side lot line where 15’ is required resulting in a lot coverage of 29.3% where 25% is allowed. Mr. Martland represents Mr. Pineault and Jeremiah C. Lynch III represents abutters who are opposed and objecting to the petition. Mr. Martland agreed to continue this matter to give the petitioner and abutters a chance to work out their objections. The petition was continued to the May 23, 2023.

Summary Petitions:

Petition of: Dan Faria (Owner) for a Variance from Section 603 to construct a porch roof 36’-7” from the Northern front property line where 40’ is required.  Said real estate is located at 17 Circle Drive and further identified as lot 36 on tax assessor’s plat 117. The petition of Dan Faria (Owner) for a Variance from Section 603 to construct a porch roof over an existing porch. Mr. Faria spoke on his behalf. He provided the details for the 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 to the public, a motion was made to approve the petition by Eric Kirton 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 are 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.

New Petitions:

Petition of: Deborah & Sean Jones (Owner) for a Variance from Section 603 to construct a second story addition 13’- 8” from the South property line where 15’ is required; and 11’–3” from the North property line where 15’ is required.  Said real estate is located at 1 Dudley Avenue North and further identified as lot 118 on tax assessor’s plat 108. The petition of Deborah & Sean Jones (Owners) for a Variance from Section 603 to construct a second story addition to their home. Ms. Jones asked her architect, Dan Herchenroether (Herkworks Architecture) to provide the details of the renovations. Mr.

Herchenroether provided the details for the second story addition. After hearing the proposal it became clear to the board that the proposed renovation included a third level (15’ X 15’). This proposal more than doubled the square footage of the existing structure and there was no mention of the third level in the petition. When the Chairman opened the meeting to the public, two abutters, Mr. Paul Reynolds and Mr. Peter Medeiros, spoke out against the petition. Each of the abutters felt the home was being overbuilt, that the proposed structure would crowd an already narrow roadway and was not in keeping with the general characteristics of the neighborhood. After closing the hearing to the public, a motion was made to approve the petition by Thomas Heaney and second by Eric Kirton. Following a discussion, among the board members the board voted 5-0 to disapprove the petition. The reasons given for approval are:

1.      That the hardship petitioner faces are not due to the unique characteristics of the land;

2.      The relief is not the least relief necessary; 

3.    That the granting of this accommodation would alter the general character of the surrounding area.

Petition of: GR Middletown Land LLC (Owner) and his attorney David P. Martland Esq. for an Extension to a previously granted Special Use & Variance on January 28, 2020. Prior extension request granted on March 22, 2022.  Said real estate is located at 991 West Main Road and further identified as lot 116 on tax assessor’s plat 106. The petition of GR Middletown Land LLC (Owner) and their attorney David P. Martland, Esq. to grant a one-year extension to previously granted Special Use. The petitioner changed/altered the original petition. Therefore, GR Middletown Land LLC had to go back through the state and town review. The time taken to go back through the state, technical review and planning boards was reasonable and timely given the steps required for the new petition. Stephen Huttler made the motion to approve and Thomas Silveira second. The board voted 5-0 to approve the petition.

Petition of: GR Middletown Land LLC (Owner) and his attorney David P. Martland Esq. for an Extension to a previously granted Special Use & Variance on January 28, 2020. Prior extension request granted on March 22, 2022.  Said real estate is located at 995 West Main Road and further identified as lot 115 on tax assessor’s plat 106. The petition of GR Middletown Land LLC (Owner) and their attorney David P. Martland, Esq. to grant a one-year extension to previously granted Variance. The petitioner changed/altered the original petition. Therefore, GR Middletown Land LLC had to go back through the state and town review. The time taken to go back through the state, technical review and planning boards was reasonable and timely given the steps required for the new petition. Thomas Heaney made the motion to approve and Eric Kirton second. The board voted 5-0 to approve the petition.

Petition of: John Joven (Owner) and his attorney Jeremiah C. Lynch, III Esq. for a Variance from Section 603, 716 & 903 to relocate the existing boundary between Lots 119 & 121 to the North by 9.20’.  Reducing Lot 119 frontage from 75’ to 65.80’ where 100’ is required.  Additionally, decreasing square footage from 6,765.75 sqft to 6, 113.04 sqft where 10,000 is required.  Said real estate is located at 109 Tuckerman Avenue and further identified as lot 119 & 121 on tax assessor’s plat 116 NE. The petition of John Joven (Owner) and his attorney Jeremiah C. Lynch III, Esq. for a Variance from Section 603, 716 & 903 to relocate the existing boundary between Lots 119 & 121 was continued to the May 23, 2023 meeting.

Petition of: Pat Henderson (Owner) for a Variance from Section 603 & 903 to construct a 8’ x 16’ side deck resulting in a 9’6” side yard setback where 15’ is required.  Said real estate is located at 130 Newport Avenue and further identified as lot 127 on tax assessor’s plat 115 SE. The petition of Pat Henderson (Owner) for a Variance from Section 603 & 903 to construct a deck. Mr. Henderson (Owner) spoke about the petition. He explained the extension was to add additional outdoor living space to the deck. The addition he is requesting will made the new deck more useable as outdoor living space. The current deck is too small to do any outside. Finally, When the Chairman opened the meeting to the public, one neighbor, Mr. Bob Cook, spoke out against the petition. Mr. Cook’s primary concern was for his quality of life. The house is going to be a rental property. The deck extension is close to his bedroom window. He believes the noise will increase and be more than a mere inconvenience. After closing the hearing to the public, a motion was made to approve the petition by Eric Kirton and second by Thomas Heaney. There was no additional discussion among the board members. The board voted 4-1 to approve the petition. Mr. Huttler voted against the petition. He agreed that the noise from patrons on the deck would affect Mr. Cooks quality of life and would be more than a mere inconvenience. The reasons given for approval are:

1.    The motivation for the petition is to add greater outdoor space to the deck;

2.    That the hardship wasn’t the result of any prior actions on his part;

3.    That the granting of this accommodation will not alter the general character of the surrounding area.

4.    That the hardship suffered by the petitioner amounts to more than a mere inconvenience.

Petition of: DOJO, LLC (Owners) and David P. Martland, Esq. (Attorney) for an Extension for the previously granted Special Use.  The Petitioner is seeking a one-year extension for previously granted relief.  The original decision granted on January 16, 2019, was appealed to the Superior Court, and dismissed on June 14, 2021.  Said real estate is located at 38 Purgatory Road and further identified as lot 13 on tax assessor’s plat 116 NW. The petition of DOJO LLC (Owners) and their attorney David P. Martland, Esq. to grant a one-year extension to previously granted Variance. The petitioner’s original petition was appealed to the state court. Therefore, DOJO LLC had to wait for the state to rule on the appeal. The board felt the time taken to go through the appeal was reasonable and timely given the steps required for the appeal process. Thomas Heaney made the motion to approve and Thomas Silveira second. The board voted 4-1 to approve the petition. Mr. Huttler voted against the petition. He felt that given the time which had elapsed since the case was dismissed, June 14, 2021, the extension request was not timely. His belief was a new petition was warranted.

Petition of: Erin K. Berard (Owner) for a Variance from Section 602, Article 6 & 903 to construct a first-floor rear addition located 14’ from the side yard where 30’ is required; and a 36’ x 6’ porch on front of existing structure located 8’ from side yard where 30’ is required.  Said real estate is located at 61 Berkeley Avenue and further identified as lot 14 (A) on tax assessor’s plat 119. The petition of Erin K. Berard (Owner) for a Variance from Section 603, Article 6 & 903 to construct a first story addition located 14’ from the side yard where 30’ is required; and a 36’ x 6’ porch on front of existing structure located 8’ from side yard where 30’ is required. Ms. Berard represented herself and provided the details of her petition. She explained the extension was to add additional living space to the home. The only practical way to add additional space without significantly impacting the setbacks was to build in the proposed direction. Ms. Berard said she had spoken to her neighbors and they supported her petition. When the Chairman opened the meeting to the public, no one spoke out against the petition. One neighbor, Mr. Michael Fenton, spoke in favor of Ms. Berard’s petition. After closing the hearing to the public, a motion was made to approve the petition by Stephen Huttler and second by Thomas Silveira. There was no additional discussion among the board members. The board voted 5-0 to approve the petition. The reasons given for approval are:

1.    That the motivation for the petition is to build an extension to add greater living space to the dwelling;

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.

               5.    That the hardship suffered by the petitioner amounted to more than a mere inconvenience.

Petition of: Seascape Avenue LLC (Owner) and their attorney Jeremiah C. Lynch, III, Esq. for a Variance from Section 603, 701, 803 (G) & 903 to relocate the existing non-conforming dwelling to the center of property resulting in North side yard setback of 6’6” where 15’ is required. A South side yard setback of 14’2” where 15’ is required.  A rear yard setback with 14.8’ where 30’ is required.  Said real estate is located at 27 Seascape Avenue and further identified as lot 83(A) on tax assessor’s plat 115 SE. The petition of Seascape Avenue, LLC (Owner) and their attorney Jeremiah C. Lynch III, Esq. for a Variance from Section 603, 701, 803 (G) & 903 to relocate the existing non-conforming dwelling to the center of property was continued to the May 23, 2023 meeting.

Petition of: Kenneth & Kathy Costello (Owners) for a Variance from Section 603 & 903 to construct a 28’ x 34’ garage addition and a 12’ x 6’ front porch with front setbacks of 16.8’ & 11.4’ where 25’ is required.  A West side yard setback of 9’ where 15’ is required; increasing lot coverage from 21.7% to 37.2% where 25% allowed.  Said real estate is located at 45 Bliss Mine Road and further identified as lot 126 on tax assessor’s plat 109 NE. The petition of Kenneth & Kathy Costello (Owners) for a Variance from Section 603 & 903 to construct a garage addition and a front porch; increasing lot coverage from 21.7% to 37.2% where 25% allowed. Prior to beginning the petition Mr. Regan, Town Solicitor, recused himself (he is related to the petitioner). Kathy Costello represented the owners. She explained the extension was to add additional living space to the home. The only practical way to add additional space without significantly impacting the setbacks was to build in the proposed direction. Ms. Costello said she had spoken to her neighbors and they supported their petition. When the Chairman opened the meeting to the public, no one spoke out against the petition. After closing the hearing to the public, a motion was made to approve the petition by Stephen Huttler and second by Thomas Silveira. There was no additional discussion among the board members. The board voted 5-0 to approve the petition. The reasons given for approval are:

1.    That the motivation for the petition is to build an extension to add greater living space to the dwelling;

2.    That the hardship wasn’t the result of any prior actions on their part;

3.    That the granting of this accommodation will not alter the general character of the surrounding area.

               4.    That the hardship suffered by the petitioner amounted to more than a mere inconvenience.

Petition of: Susan Younis (Owner) Steven Younis (Applicant) for a Variance from Section 603 to construct 11’ x 12’ addition that will result in a side yard setback of 11.8’ where 20’ is required; and a front yard setback of 29’ where 40 is required.  Previously granted approval in 2015, but lack of funding was available.  Said real estate is located at 418 Wolcott Avenue and further identified as lot 5 on tax assessor’s plat 122. The petition of Susan Younis (Owner) Steven Younis (Applicant) for a Variance from Section 603 to construct an addition on their home. Steven Younis spoke on behalf of the owner and applicant. He explained the extension was to add additional living space to the home. The only practical way to add additional space without significantly impacting the setbacks was to build in the proposed direction. Mr. Younis said she had spoken to her neighbors and they supported their petition. When the Chairman opened the meeting to the public, no one spoke out against the petition. After closing the hearing to the public, a motion was made to approve the petition by Stephen Huttler and second by Eric Kirton. There was no additional discussion among the board members. The board voted 5-0 to approve the petition. The reasons given for approval are:

1.    That the motivation for the petition is to build an extension to add greater living space to the dwelling;

2.    That the hardship wasn’t the result of any prior actions on their part;

3.    That the granting of this accommodation will not alter the general character of the surrounding area.

               4.    That the hardship suffered by the petitioner amounted to more than a mere inconvenience.

Petition of: Melissa Grinnell (Owner) for a Variance from Section 603, Article 6 to construct a 6’ x 10’ deck on the existing roof resulting in a 15’ side yard setback where 30’ is required; and a 52’ rear year setback where 60’ is required.  Said real estate is located at 790 Green End Avenue and further identified as lot 30 on tax assessor’s plat 120. The petition of Melissa Grinnell (Owner) for a Variance from Section 603, Article 6 to construct a 6’ x 10’ deck on the existing roof. Melissa Grinnell (Owner) spoke on her own behalf. Ms. Grinnell explained she was here to correct an error. She had hired a contractor to build the existing roof top addressed in this petition. She went on to explain the contractor misled her by stating the work outlined in this petition did not require a variance. After the work had been completed, she found out this was wrong. Ms. Grinnell was here to correct this error. When the Chairman opened the meeting to the public, one neighbor spoke out against the petition. Mr. Tony Amaral’s primary concern was for his quality of life. The roof top deck is close to his property overlooking his bedroom window. He believes the noise will increase and people using the deck amounts to an invasion of his privacy. Mr. Amaral’s opinion is that this is more than a mere inconvenience. He wanted the roof top deck removed. After closing the hearing to the public, a motion was made to approve the petition by Stephen Huttler and second by Eric Kirton. There was no additional discussion among the board members. The board voted 5-0 to approve the petition. The reasons given for approval are:

1.    That the motivation for the petition is to build an extension to add greater living space to the dwelling;

2.    That the hardship wasn’t the result of any prior actions on their part;

3.    That the granting of this accommodation will not alter the general character of the surrounding area.

               4.    That the hardship suffered by the petitioner amounted to more than a mere inconvenience.

Petition of: Reed Development Corp. (Owners) and David P. Martland, Esq. (Attorney) for a PBR Vote Section 521, Article 5 & Special Use Section 602 to construct and operate a 4 story, 17,000 sqft self-storage with associated parking, office space, landscaping, stormwater management and utilities.  Said real estate is located at 0 Valley Road and further identified as lot 403 on tax assessor’s plat 107 SE. The petition of Reed Development Corp. (Owners) and their attorney David P. Martland, Esq. for a PBR Vote Section 521, Article 5 & Special Use Section 602 to construct and operate a 4 story, 17,000 sqft self-storage building with associated parking, office space, landscaping, stormwater management and utilities. Mr. Martland represented the Reed Development Corp. (Owners) in this matter. Mr. Martland began by summarizing all of the actions taken by the Reed Development Corporation to insure they met or exceeded state and town requirements for a property located in a designated “general business zone.” He presented the DEM permits and the town’s technical review and planning board recommendations (Exhibit A). Mr. Martland provided testimony from several experts: Mr. Mike Russell, Engineer; Mr. Scott Rabideau, Wetlands Scientist; Mr. Spencer McCombs, Archetict; and Mr. James Houle, Real Estate Appraiser. Each of these witnesses offered expert testimony on why this petition (IAW the town’s zoning regulation) met all 5 criteria for granting a special use permit. Mr. Martland interviewed the owner, Mr. Robert A. Reed, Jr. who discussed the planned use of this building as a storage facility. He provided details of the work he’s done with other storage facilities in town. Particularly, working with neighbors to ensure all parties concerns were addressed. This includes meeting with the Middletown Police Chief, to address security concerns for the police station and police officers working in the building adjacent to the police station. The Chief’s security concerns were addressed. When the Chairman opened the meeting to the public, one neighbor, Mr. Robert Silvia, spoke out against the petition. Mr. Silvia strongly opposed the new construction. He felt the type of structure to be built was inappropriate due to its proximity to the near-by residential neighborhoods. Mr. Silvia also voiced concerns over the properties use in this manner would depreciate home values in the vicinity to this commercial property. Finally, he objected for quality of life being adversely affected by this use and the nature of the business to be performed at this site. After closing the hearing to the public, a motion was made to approve the petition by Eric Kirton and second by Thomas Heaney. There was no additional discussion among the board members. The board voted 5-0 to approve the petition.* The reasons given for approval are:

1.      That the special use will not result in the diminution of property values;

2.    That the special use will not create in a nuisance;

3.    That the special use is compatible with the Comprehensive Community Plan;

4.    That special use will not be detrimental to or substantially or permanently injure the appropriate use of the property.

               5.   That the special use will not result in hazardous conditions or conditions inimical to the public health, safety, or welfare.

*A second vote was taken for this petition to include the recommendations from the Development Plan Review (IAW the Technical Review Board and Planning Boards recommendations Exhibit A). Finally, a motion was made by Stephen Huttler to use all best effort to construct a pedestrian sidewalk, along the front of the property which boarders the access road. The proposal included assuming the maintenance of the pedestrian sidewalk. Mr. Heaney provided the second for the motion. The board voted 5-0 to approve the addition of the stipulations stated above to the petition.

Petition of: GG Properties, LLC. (Owners) and David P. Martland, Esq. (Attorney) for a PBR Vote Section 521, Article 5 & Special Use Section 602 to construct a 15,000 sqft building to be used for storage, warehousing and associated office space.  Said real estate is located at 72 Johnny Cake Hill Road and further identified as lot 601 on tax assessor’s plat 114. The petition of GG Properties, LLC (Owners) and their attorney David P. Martland, Esq. for a PBR Vote on Section 521, Article 5 & Special Use Section 602 to construct a 15,000 sqft building to be used for storage, warehousing and associated office space was continued to the May 23, 2023 meeting.

A motion to adjourn the April 25th, 2023 meeting was made by Thomas Silveira. Eric Kirton provided a second the motion. The meeting was adjourned at 9:33 pm.

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

POSTED:  April 11, 2023

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