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 Aug 22, 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 Aug 22, 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 Paul Pineault Jr. (Owner), represented by 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5’7” from the Easterly side lot line where 15’ is required resulting in lot coverage of 29.3% where 25% is allowed was withdrawn without prejudice. The motion to approve the petition’s withdrawal was made by Thomas Heaney and second by Eric Kirton. The withdrawal was approved 5-0.

May 23, 2023 – Continued Petitions:

Petition of: Frank P. Fechner (Owner) and Daniel Procaccini (Attorney) for a Variance from Article 8 Nonconforming Uses Section 803 (G) Extension or Alteration, to construct a third floor on a nonconforming dwelling with a 14’.4” existing North side setback where 20’ is required.  Said real estate is located at 576 Tuckerman Avenue and further identified as lot 117 (A) on tax assessor’s plat 122. The petition of Frank P. Fechner (Owner) and Daniel Procaccini (Attorney) for a Variance from Article 8 Nonconforming Uses Section 803 (G) Extension or Alteration, to construct a third floor on a nonconforming dwelling with a 14’.4” existing North side setback where 20’ is required. Mr. Regan, Town Soliciter, requested himself. Ms. Melissa Disatel represented the town for this case.  Mr. Procaccini represented the Fechner’s. Mr. Procaccini provided the background regarding previous variance request and subsequent withdrawal for renovations to this property. Mr. Procaccini pointed out the Fechner’s had owned the property since 2014. Initially, it was a second home, but recently has become their permanent residence. Additionally, their family is growing up and a parent has come to live there too. The Fechner’s need more living space for their growing family. During the presentation of the previous petition members of the zoning board aired concerns over the nature and appearance of the renovation requested. The board made a list of recommendations to the Fechner’s to address the concerns. The Fechner’s withdrew to initial petition to take these observations under advisement. Mr. Procaccini called Elena Fechner to testify to the changes made to the original petition. Ms. Fechner explained they had taken the boards advice and made each of the recommended adjustments (removed a bathroom, closet, widow’s walk and an exterior stairwell) which is outlined in the new petition. Essentially, the renovation (second story addition) is being built within the existing footprint and under the height allowance. The one exception is a slight encroachment in the side yard setback where a portion of the extension (a few feet at the corner of the structure) encroaches into the setback. Mr. Procaccini said he had spoken to the neighbors and they supported the petition. When the Chairman opened the meeting to the public, two abutters came up to speak on behalf of the Fechner’s. Jill Andrew and R. Payson Fugitt both endorsed the petition. They each said how much the Fechner’s had improved the property and added to the character of the neighborhood. After closing the hearing two motions were made to approve. The first to affirm, by vote, that there were significant changes made to the original petition. The motion was made by Stephen Huttler and second by Eric Kirton. A second motion was made to approve the amended petition. The motion was made by Stephen Huttler and second by Judith Rosenthal. There was no additional discussion among the board members. The board voted 5-0 to approve both petitions. 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: CCE Development, Inc. (Owners) and J2 Construct Inc. & Boardworx, Inc. (Applicant) for a Special Use Permit under Article 602 for approval to manufacture furnishings, millwork, and casework items within the primary and accessory buildings.  Said real estate is located at 499 East Main Road and further identified as lot 27 on tax assessor’s plat 113. The petition of CCE Development, Inc. (Owners) and J2 Construct Inc. & Boardworx, Inc. (Applicant) for a Special Use Permit under Article 602 for approval to manufacture furnishings, millwork, and casework items within the primary and accessory buildings was continued until the Aug 22, 2023 meeting.

Summary Petitions:

Petition of: John Patrick Kennedy (Owner) for a Variance from 603, 903 & 321(A) to construct a 4.5’ x 5.5’ front porch portico resulting in a 16’ 3” setback where 25’ is required.  Said real estate is located at 241 Tuckerman and further identified as lot 18 on tax assessor’s plat 116. The petition of John Patrick Kennedy (Owner) for a Variance from 603, 903 & 321(A) to construct a 4.5’ x 5.5’ front porch portico resulting in a 16’ 3” setback where 25’ is required was heard. Mr. Kennedy 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, a motion was made to approve the petition by Eric Kirton and second by Judith Rosenthal. 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 deck to provide with greater recreational space;

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: Owen Perkins (Owner) for a Variance from 603, 803(G), 903 & 321 to construct a 8’ x 10’ front porch and a second floor over existing house resulting in a 20.9’ front yard setback where 40’ is required.  Said real estate is located at 1 Hemlock Street and further identified as lot 136 on tax assessor’s plat 125. The petition of Owen Perkins (Owner) for a Variance from 603, 803(G), 903 & 321 to construct a 8’ x 10’ front porch and a second floor over existing house resulting in a 20.9’ front yard setback where 40’ is required was heard. Mr. Perkins spoke on their 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, a motion was made to approve the petition by Eric Kirton and second by Judith Rosenthal. 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 deck to provide with greater recreational space;

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: Joseph & Nancy Markey (Owners) for a Special Use Permit from 803 (A) and a Variance from 603, 701, 803(G) & 805(B) to construct a 20’ x 8’ front porch resulting in a 19’ setback where 40’ is required.  This results in lot coverage of 23% where 20 % is permitted.  Previously went before the Zoning Board and was granted approval on April 27, 2022.  The project was not started during the allotted one year.  Said real estate is located at 5 James Street and further identified as lot 35 on tax assessor’s plat 122. The petition of Joseph & Nancy Markey (Owners) for a Special Use Permit from 803 (A) and a Variance from 603, 701, 803(G) & 805(B) to construct a 20’ x 8’ front porch resulting in a 19’ setback where 40’ is required.  This results in lot coverage of 23% where 20 % is permitted.  The petition went before the Zoning Board previously and was granted approval on April 27, 2022.  The project was not started during the allotted one year.  The request was a straight forward extention for the original petitions. 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, a motion was made to approve the petition by Stephen Huttler and second by Thomas Heaney. 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’s requested a special use and variance from had not changed from the original petition;

2.      That the motivation for the petitions is to build an extension to their existing porch to provide greater outdoor recreational living space to their home;

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: Ocean State Holdings of Middletown, LLC (Owners) and Robert M. Silva, Esq (Attorney) for a Special Use Permit from 1212(D)(1)(a) to erect a monument sign for the dealership resulting in 5’ 7 15/16” where 4’ is allowed.  Said real estate is located at 1215 West Main Road and further identified as lot 91 on tax assessor’s plat 106. The petition of Ocean State Holdings of Middletown, LLC (Owners) and Robert M. Silva, Esq (Attorney) for a Special Use Permit from 1212(D)(1)(a) to erect a monument sign for the dealership resulting in 5’ 7 15/16” where 4’ is allowed.  Mr. Silva represented the Ocean State Holdings of Middletown, LLC (Owners). Mr. Silva explained the need for the additional signage. This is the newly constructed Hyundai Dealership sits back away from the street (West Main Road). There is also a stonewall part of the site work to protect the site from erosion that would obstruct a sign limited to 4 feet. The additional taller signage would provide greater visibility from the roadway. Currant signage allowance is not adequate as the sign will be masked by the existing stonewall. Unless this Special use is granted ton 4 foot sign would not be viewed easily from the roadway. The additional 18 inches, with greater height will provide the desired visibility. 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 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 special use will not result in the diminution of property values;

2.    That the special use will not create 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: Christopher & Kristin Wiggins (Owners) for a Variance from 603, 803 (G) & 903 to reconstruct a garage and roof deck due to fire. Replace deck with a second-floor room.  Rebuilding the garage results in 3.3’ side yard setback where 15’ is required.  Relocated new deck will result in 5’6” side yard setback where 15’ is required.  Said real estate is located at 38 Squantum Drive and further identified as lot 105 on tax assessor’s plat 139. The petition of Christopher & Kristin Wiggins (Owners) for a Variance from 603, 803 (G) & 903 to reconstruct a garage and roof deck due to fire. Replace deck with a second-floor room. Rebuilding the garage results in 3.3’ side yard setback where 15’ is required. Relocated new deck will result in 5’6” side yard setback where 15’ is required.  Mr. Wiggins represented their petition. 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 up (add a second floor). Mr. Wiggins had spoken to the neighbor most affected by the variance and he supported her petition. When the Chairman opened the meeting to the public, one abutter spoke out in favor of the petition. Mr. Dennis Desjardins, 36 Squantum Drive, confirmed that he’s spoken to Mr. Wiggins and that he supported the petition. After closing the hearing a motion was made to approve the petition by Eric Kirton and second by Judith Rosenthal. 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.

A motion to adjourn the July 25, 2023 meeting was made by Stephen Huttler. Judith Rosenthal second the motion. The meeting was adjourned at 7:00 pm.

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

POSTED:  July 5, 2023

 RI Secretary of State Webpage,

 Clerkbase, Middletown Library,

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