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.

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 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.  Mr. Silva represented the Newport County Regional YMCA (Owner). Mr. Silva explained the need for the additional square footage for the facility. He noted the expansion of the YMCA building (less the day care center) had been previously approved by the zoning board. The additional square footage for the expanded Day Care Center would provide greater access to the YMCA/Day Care Center for the Aquidneck Island residents. The former structures were not adequate as they were old and undersized to meet the residents demands. Mr. Silva presented four expert witnesses (Jeff Catlin, Architect; N. Nathan Godfrey, Real Estate Appraiser; Michael Russell, Project Engineer; and Pam Rodgers, Landscape Architect). Each of the expert witnesses provided testimony from their areas of expertise.  Everyone concluded the project met all five provisions for the Special Use request. 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 Judith Rosenthal. The motion was made with the stipulations outlined in the town planning board memorandum dated March 10, 2023 (Exhibit B). There was no additional discussion among the board members. The board voted 4-0 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 the special use will not result in hazardous conditions or conditions inimical to the public health, safety, or welfare.

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 Aug 22, 2023.

April 25, 2023 – Continued Petitions:

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 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. Mr. Martland represented GG Properties, LLC. (Owners). Mr. Martland explained the need for the square footage for the facility. He noted the construction of the 15,000 sq.ft. building was in accordance with the town’s comprehensive plan and that the owner (Mr. Goldsmith) had met with and addresses all the abutters from Julia Court concerns regarding the new construction. The additional 15,000 sq. ft. building would relocate an existing business back to Middletown and provide badly needed entry level jobs for the Aquidneck Island residents. Mr. Martland presented three expert witnesses (Dan Herchenroether (Herkworks Architecture), Architect; Michael Russell, Project Engineer; and James Houle, Real Estate Appraiser). Each of the expert witnesses provided testimony from their areas of expertise.  Everyone concluded the project met all five provisions for the Special Use request. 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 Heaney and second by Judith Rosenthal. There was no additional discussion among the board members. The board voted 3-1 to approve the petition. Mr. Huttler voted against 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 the special use will not result in hazardous conditions or conditions inimical to the public health, safety, or welfare.

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 his attorney Daniel Procaccini, Esq. for a Variance from Article 8 Nonconforming Uses Section 803 (G) Extension or Alteration, to construct a third floor on a nonconforming dwelling was continued to the Aug 22, 2023 meeting.

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 to the Aug 22, 2023 meeting.

Summary Petitions:

Petition of: David & Karen Dill (Owners) for a Variance from Section 603-Dimensional Regulation 903-Variance & 321-Summary Hearing to construct a 5’ x 10’ porch resulting in a 21’-8” front setback where 25’ is required.  Said real estate is located at 141 Busher Drive and further identified as lot 622 on tax assessor’s plat 111. The petition of David & Karen Dill (Owners) for a Variance from Section 603-Dimensional Regulation 903-Variance & 321-Summary Hearing to construct a 5’ x 10’ porch. Mr. Dill 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 Stephen Huttler and second by Judith Rosenthal. Following a discussion, among the Board members the board voted 4-0 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: Charles & Bonnie Kozubal (Owners) for a Variance from Section 603, 701, 803 (G), 321 to construct front porch stairs resulting in a 16’ setback where 25’ is required.  Said real estate is located at 51 Allston Avenue and further identified as lot 234 on tax assessor’s plat 115 SE. The petition of Charles & Bonnie Kozubal (Owners) for a Variance from Section 603, 701, 803 (G), 321 to construct front porch stairs on their home. Mr. Kozubal 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 Stephen Huttler and second by Judith Rosenthal. Following a discussion, among the Board members the board voted 4-0 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 steps to provide greater access 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.

New Petitions:

Petition of: Andrew & Julie Nicoletti (Owners) for a Variance from Section 603 District Dimensional Regulation to construct a 19’ x 12’.8” two story addition with a side yard setback of 8’.6” where 15’; and a front yard setback of 15’.5” where 25’ is required.  Lot coverage would increase from 29% to 33%.  Said real estate is located at 7 South Crest Street and further identified as lot 52 on tax assessor’s plat 116 SE. The petition of Andrew & Julie Nicoletti (Owners) for a Variance from Section 603 District Dimensional Regulation to construct a 19’ x 12’.8” two story addition. Mr. Nicoletti 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 4-0 to approve the petition. Mr. Kirton replaced Mr. Huttler as a voting member. Mr. Huttler was excused. 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 an extension to provide greater 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: 48 VRM, LLC / Richard N. Sayer (Owner) Jason Gold (Applicant) Christopher J. Behan (Attorney) for a Special Use from Section 602 & 902 to construct a new retail package liquor store building; and vote on PBR recommendations.  Said real estate is located at 48 Valley Road and further identified as lot 103 (B) on tax assessor’s plat 107 SE. The petition of 48 VRM, LLC / Richard N. Sayer (Owner) Jason Gold (Applicant) Christopher J. Behan (Attorney) for a Special Use from Section 602 & 902 to construct a new retail package liquor store building; and vote on PBR recommendations. Mr. Behan explained the need for the new construction, additional square footage required for the expansion of the existing business (package store). He noted that his client (Mr. Gold) currently leases an undersized building and it is not practical for him to pay for the expansion of leased property. The new construction would relocate and expand an existing business in Middletown. Mr. Behan presented three expert witnesses (Dan Herchenroether (Herkworks Architecture), Architect; Michael Russell, Project Engineer; and James Houle, Real Estate Appraiser). Each of the expert witnesses provided testimony from their areas of expertise.  Everyone concluded the project met all five provisions for the Special Use request. 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 Judith Rosenthal and second by Thomas Heaney. There was no additional discussion among the board members. The board voted 4-0 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 the special use will not result in hazardous conditions or conditions inimical to the public health, safety, or welfare.

A motion to adjourn the June 27th, 2023 meeting was made by Eric Kirton. Judith Rosenthal second the motion. The meeting was adjourned at 8:19 pm.

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

POSTED:  June 5, 2023

 RI Secretary of State Webpage,

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