October 25, 2022 – Continued, New Petition:

Petition of: Robert & Michaela Cochran (Owners) for a Variance from Section 603 to construct additions to existing garage to be 15’ x 33’.4” two story garage resulting in a 6’ side yard where 20’ is required.  A 35’ rear yard where 50’ is required and lot coverage of 24.3% where 20% is required.  Said real estate is located at 2 Francisco Drive and further identified as lot 55 on tax assessor’s plat 112. Robert & Michaela Cochran (Owners) represented themselves. James Miller recues himself (direct abutter). Judith Rosenthal will hear the petition and vote in place of Mr. Miller. Mr. Cochran began to present his petition. However, there was a question concerning the dimensional variance being requested. Mr. Cochran stated 18” X 33’4”. The petition on record had 15’ X 33’4”. Mr. Cochran requested to withdraw the petition without prejudice (so he could correct and resubmit). This petition was withdrawn without prejudice.

Summary Petitions:

Petition of: Jonathan Sabourin (Owner) for a Variance from Section 603, Article 6 Dimensional Regulation to construct a 12’ x 32’ one story addition, resulting in a 38’ rear yard setback where 60’ is required.  Said real estate is located at 41 Indian Hill Circle and further identified as lot 610 on tax assessor’s plat 125. The petition of Jonathan Sabourin (Owner) presented his petition. As a summary case, the petitioner is only looking for minimal relief (variance). The chairman opens the hearing to the public and asks if anyone present objectives to the petition. 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 Silveira 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 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: Liberty Realty Trust U/D/T (Owner) and Ingrid Chung (Applicant) for a Variance from Section 603, Article 3 Dimensional Regulation to construct a 16’ x 24’ pool house with attached 9’ x 12’ green house with a 10.5’ side yard setback where 20’ is required.  Said real estate is located at 81 Ashurst Avenue and further identified as lot 97 on tax assessor’s plat 122. The petition of Reality Trust U/D/T (Owner) and Ingrid Chung (applicant) was presented. Ms. Chung made this presentation. As a summary case, the petitioner is only looking for minimal relief (dimensional variance). The chairman opens the hearing to the public and asks if any one present objectives to the petition. 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 Silveira 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 hardship wasn’t the result of any prior actions on their part;

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: James & Marsha Parham (Owners) for a Variance from Section 603, Article 6 Dimensional Yard Regulation to construct a 12’ x 14’ two story addition resulting in a 20’ rear yard setback where 30’ is required.  Said real estate is located at 28 Namquid Drive and further identified as lot 178 on tax assessor’s plat 105. The petition of James & Marsha Parham (Owners) presented their petition. As a summary case, the petitioner is only looking for minimal relief (dimensional variance). The chairman opens the hearing to the public and asks if anyone present objectives to the petition. 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 Silveira 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 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.

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 22, 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 22, 2023 meeting by their Attorney Jeremiah C. Lynch, III, Esq.

Petition of: John R. Gullison (Owner) Jeremiah C. Lynch III, Esq. (Attorney) for a Variance from Section 603, 701 & 903 to permit the construction of a detached garage, which will be located 25’ from the east and west side yard setbacks where 30’ is allowed.  Said real estate is located at 1490 Wapping Road and further identified as lot 102 on tax assessor’s plat 125. The petition of John R. Gullison (Owner) was presented by Jeremiah C. Lynch III, Esq. (Attorney). Thomas Heaney recues himself (direct abutter). Judith Rosenthal will hear the petition and vote in place of Mr. Heaney. Mr. Lynch calls Mr. Gullison to testify. Mr. Lynch has Mr. Gullison explain his petition. He wants to build a free standing garage for vehicles and storage. Mr. Miller asked if he intended to use the garage for any other purpose. Mr. Gullison said no, it won’t be used for anything other than a garage and storage. Mr. Miller asked whether Mr. Gullison had any intention of making this single-family a multiple-family in the future. Again, Mr. Gullison replied, “no.”  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 Silveira 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 a free standing garage with greater capacity;

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: The Clambake Club of Newport (Owner) Robert M. Silva, Esq. (Attorney) for a Special Use section 803 (A) to ratify and confirm a prior Special Use Permit decision of the Middletown Zoning Board of Review granted as of July 19, 2021; which approved the expansion of an existing no-conforming use by way of construction of an outdoor covered deck (24.5’ x 25.8’) pursuant to plans previously submitted with the original petition for Special Use that was filed on or about April 20, 2021.  Said real estate is located at 353 Tuckerman Avenue and further identified as lot 139 on tax assessor’s plat 122. The Clambake Club of Newport (Owner) represented by Robert M. Silva, Esq. (Attorney) for a vote on extending the Special Use previously granted. Mr. Silva request to be allowed to record the evidence previously presented and granted. This would allow the board to vote without having to present the petition with all the evidence again. The Town Solicitor, Mr. Regan, opined the evidence was a matter of public record. As such, it would be within the boards purview to grant Mr. Silva’s request. Mr. Stephen Huttler made the motion to accept the evidence previously present and recommended granting the petition. Thomas Heaney second. The board voted to approve the petition 5-0.

Petition of: Maciel Ecio (Owner) for a Variance from Section 603, Article 3 Dimensional Regulation to construct existing roof to accommodate an 8’x16’ garage door.  Resulting in a 16’6” ridge height where 15’ is allowed.  Said real estate is located at 1522 West Main Road and further identified as lot 86 on tax assessor’s plat 105. The petition of Maciel Ecio (Owner) for a Variance to construct a garage to accommodate an 8’x16’ garage door.  Mr. Ecio, with assistance (translation) from his daughter, explained his petition. They explained the current garage door was not tall enough for their truck. In order to fit the opening would need to be 16’ tall. The increase would result in a 16’6” ridge height where 15’ is allowed. 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 Silveira 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 a garage with a greater opening;

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: Spencer Gilfeather (Owner) for a Variance from Section 603, Article 6 Dimensional Regulation to construct a rear deck located 6’- 8” from the Southern property line where 15’ is required.  Said real estate is located at 34 Freeborn Street and further identified as lot 155 on tax assessor’s plat 108. The petition of Spencer Gilfeather (Owner) to construct a rear deck located 6’- 8” from the Southern property line where 15’ is required. Mr. Gilfeather explained his petition. The lot dimensions are such that constructing a deck anywhere on the property would require a variance. Where Mr. Gilfeather’s chosen to sit the deck is where the relief requested is the least necessary. 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 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 hardship wasn’t the result of any prior actions on the petitioners part;

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: 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) was continued to the March 22, 2023 meeting.  Attorney Robert M. Silva, Esq. made the request on behalf of his client.

A motion to adjourn the January 24th, 2023 meeting was made by Stephen Huttler. Thomas Silveira seconds. The meeting was adjourned at 6:42 pm.

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

POSTED:  JANUARY 09, 2023

 RI Secretary of State Webpage,

 Clerkbase, Middletown Library,

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