January 24, 2023 – Continued, New 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) 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 was continued to the March 28, 2023 meeting by their Attorney Jeremiah C. Lynch, III, Esq.

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) 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 was continued to the March 28, 2023 meeting by their Attorney Jeremiah C. Lynch, III, Esq.

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 April 24, 2023 meeting.

New Petitions:

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 construct above the existing footprint.  Seeking relief from the South side yard setback (2’11” proposed, 15’ required); and the rear yard setback (5’2” proposed, 30’ 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 construct above the existing footprint was continued to March 28, 2023. 

Petition of: Tim & Barbara Barrow (Owners) for a Variance from Section 603 to construct a 8’ x 10’ addition to existing 10’ x 14’ shed.  Resulting in a 2’ setback along the Eastern property line where 15’ is required and a 19’ setback along the Southern property line where 30’ is required.  Said real estate is located at 1 Wedgewood Drive and further identified as lot 255 on tax assessor’s plat 114. The petition of Tim & Barbara Barrow (Owners) for a Variance from Section 603 to construct a 8’ x 10’ addition to an existing 10’ x 14’ shed was continued to the March 28, 2023 meeting. 

Petition of: Hoppin House LLC(Owner) and their attorney David P. Martland, Esq. for a Special Use from Section 602 to construct a two (2) family dwelling on the two (2) recently subdivided vacant parcels.  Said real estate is located at 120 Miantonomi Avenue and further identified as lot 57(Lot #2) on tax assessor’s plat 108 SE. The petition of Hoppin House LLC (Owner) and their attorney David P. Martland, Esq. for a Special Use from Section 602 to construct a two (2) family dwelling on the two (2) recently subdivided vacant parcels was continued to March 28, 2023.

Petition of: Hoppin House LLC(Owner) and their attorney David P. Martland, Esq. for a Special Use from Section 602 to construct a two (2) family dwelling on the two (2) recently subdivided vacant parcels.  Said real estate is located at 120 Miantonomi Avenue and further identified as lot 57(Lot #3) on tax assessor’s plat 108 SE. The petition of Hoppin House LLC (Owner) and their attorney David P. Martland, Esq. for a Special Use from Section 602 to construct a two (2) family dwelling on the two (2) recently subdivided vacant parcels was continued to March 28, 2023.

Petition of: Justin & Micaela Scarpulla (Owners) for a Variance from Section 603, Article 6 to construct a 26’ X 31’ addition resulting in a 27.2’ rear yard setback where 60’ is required, and an increase to 20% lot coverage where 15% is allowed.   Said real estate is located at 10 Cedar Avenue and further identified as lot 27 on tax assessor’s plat 125. The petition of Justin & Micaela Scarpulla (Owners) for a Variance from Section 603, Article 6 to construct a 26’ X 31’ addition resulting and an increase to 20% lot coverage where 15% is allowed. Micaela Scarpulla (Owner) spoke about the petition. Ms. Scarpulla explained the extension was to add addition living space to the home. To make room for the extension they are removing an existing deck. The deck will not be replaced. They are going to put in a patio instead. Finally, Ms. Scarpulla said she had spoken to her neighbors and they support the extension. 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 Eric Kirton 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 amounts to more than a mere inconvenience.

Petition of: Robert & Jonna Reed Jr. (Owners) and their attorney David P. Martland, Esq. for a Variance from Section 603 to create a new lot with a frontage of 106.20 ft where 120 ft. is required; and to convert an existing garage into a primary residence with a setback of 15 ft. where 20 ft. is required.  Said real estate is located at 74 Honeyman Avenue and further identified as lot 503 on tax assessor’s plat 114. The petition of Robert & Jonna Reed Jr. (Owners) and their attorney David P. Martland, Esq. for a Variance from Section 603 to create a new lot and convert an existing garage into a primary residence with a setback of 15 ft. where 20 ft. is required. Mr. Martland presented the petition on behalf of the Reed’s. He called on Mr. Reed to provide the details of his petition. Mr. Reed explained the lot when divided would have the required square footage (20K each) and the relief he was requesting had to do with road frontage. One of the proposed lots would be 16 feet short of required road frontage. Mr. Martland noted the planning board recommended approval of the variance. When the Chairman opened the meeting to the public, no one spoke out against the petition. After closing the hearing a motion was made, including the stipulations listed in the planning board’s recommendation for approval. Eric Kirton made the motion to approve the petition. The motion was second by Thomas Silveira. There was no additional discussion among the board members. The board voted 4-1 to approve the petition. Stephen Huttler voted against the petition. The reasons given for approval are:

1.    That the motivation for the petition is to divide a 43K  lot into two 20K+ lots and build new dwellings on each lot;

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.

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

Petition of: Aquidneck Group LLC (Owners) Crosspoint Associates LLC (Applicant) and their attorney David P. Martland, Esq. for a Special Use from Section 602, 1800 et seq. & 717 to construct a 2,262 sq ft standalone coffee shop with a drive-up window in an existing shopping center which will increase lot coverage from 26.2% to 26.6% where 25% is permitted.  Said real estate is located at 99 East Main Road and further identified as lot 106 on tax assessor’s plat 107 SE. The petition of Aquidneck Group LLC (Owners) Crosspoint Associates LLC (Applicant) and their attorney David P. Martland, Esq. for a Special Use from Section 602, 1800 et seq. & 717 to construct a 2,262 sq ft standalone coffee shop in an existing shopping center.  Mr. Martland presented the petition on behalf of the Aquidneck Group LLC (Owners) Crosspoint Associates LLC (Applicant). He provided expert testimony from five witnesses: Kerry McCormick (Crosspoint, Director of Development), Molly Titus (Engineer), Axel Solberg (Architect), John Shevlin (Traffic Engineer), and James Houle (Real Estate Appraiser). Each of the witnesses explained from their field of expertise, the benefits associated with the proposed coffee shop. When the Chairman opened the meeting to the public, no one spoke out against the petition. Thomas Heaney made the motion to approve the petition including the language in the planning board’s recommendations to the zoning board of review. The motion was second by Eric Kirton. There was no additional discussion among the board members. The board voted 4-1 to approve the petition. Stephen Huttler voted against the petition. The reasons given for approval are:

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

Petition of: Aquidneck Group LLC (Owners) Crosspoint Associates LLC (Applicant) and their attorney David P. Martland, Esq. for a Variance from Section 603 to construct a 2,262 sq ft standalone coffee shop with a drive-up window in an existing shopping center which will increase lot coverage from 26.2% to 26.6% where 25% is permitted.  Said real estate is located at 99 East Main Road and further identified as lot 106 on tax assessor’s plat 107 SE. The petition of Aquidneck Group LLC (Owners) Crosspoint Associates LLC (Applicant) and their attorney David P. Martland, Esq. for a Variance from Section 603 to construct a 2,262 sq ft standalone coffee shop in an existing shopping center.  Mr. Martland presented the petition on behalf of the Aquidneck Group LLC (Owners) Crosspoint Associates LLC (Applicant). He provided expert testimony from five witnesses: Kerry McCormick (Crosspoint, Director of Development), Molly Titus (Engineer), Axel Solberg (Architect), John Shevlin (Traffic Engineer), and James Houle (Real Estate Appraiser).  Each of the witnesses explained from their field of expertise, the benefits associated with the proposed coffee shop.  When the Chairman opened the meeting to the public, no one spoke out against the petition. After closing the hearing a motion was made, including the stipulations listed in the planning board’s recommendation for approval. Thomas Heaney made the motion and it was second by Stephen Huttler. 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 motivation for the petition is to build a standalone coffee shop to accommodate a long-time client of the shopping center;

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.

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

A motion to adjourn the February 28th, 2023 meeting was made by Stephen Huttler. Thomas Silveira second the motion. The meeting was adjourned at 10:03 pm.

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

POSTED:  February 1, 2023

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 Clerkbase, Middletown Library,

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