Administrative:  

1.       Roll call.  The Zoning Board of Review was called to order at 6:00 pm. The board members present: James Miller (chairman), Thomas Silveira (vice chairman), Eric Kirton, Judith Rosenthal, Mark Donahue, Antone Viveros, and Thomas Heaney (secretary). Absent: Stephen Huttler. Unless otherwise indicated the voting members for the April 26, 2022 meeting are: Miller, Silveira, Kirton, Rosenthal, and Heaney.

2.       Adoption of Zoning Board meeting minutes from February 27, 2023. The zoning board minutes were adopted without change. Eric Kirton made the motion to adopt, Thomas Silveira second the motion.

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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 May 23, 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 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 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 May 23, 2023 meeting.

February 28 – Continued, 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 withdrawn without prejudice. The motion to withdraw without prejudice was made by Thomas Silveira and second by Thomas Heaney. The motion to withdraw was approved 5-0. 

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 existing 10’ x 14’ shed. Mr. Barrow (Owner) spoke about the petition. Mr. Barrow explained the extension was to add additional work space to the existing shed. The addition he is requesting will made the new shed useable as a work space. The current shed is too small to do anything other than store tools. Finally, Mr. Barrow has spoken to the affected neighbors and they support 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 Judith Rosenthal 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.    The motivation for the petition is to build an extension to add greater work space to the shed;

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 amounts to more than a mere inconvenience.

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 withdrawn without prejudice. The motion to withdraw without prejudice was made by Thomas Silveira and second by Judith Rosenthal. The motion to withdraw was approved 5-0. 

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 withdrawn without prejudice. The motion to withdraw without prejudice was made by Thomas Silveira and second by Judith Rosenthal. The motion to withdraw was approved 5-0. 

New Petitions:

Petition of: Noelle Shiland (Owner) for a Variance from Section 603 to construct a second story addition and side additions resulting in a front yard setback of 22.5’ where 25’ is required; side yard setback 4.2’ and 7.1’ where 15’ is required and a rear yard setback of 20.1’ where 30’ is required.  Lot coverage will total 28% with additions where 25% is allowed.  Said real estate is located at 166 Center Avenue and further identified as lot 265 on tax assessor’s plat 115 SE. The petition of Noelle Shiland (Owner) for a Variance from Section 603 to construct a second story addition and side additions resulting in a front yard setback of 22.5’ where 25’ is required; side yard setback 4.2’ and 7.1’ where 15’ is required and a rear yard setback of 20.1’ where 30’ is required.  Lot coverage will total 28% with additions where 25% is allowed. Ms. Shiland 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 up (add a second floor). Ms. Shiland 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. 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 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: JOJF LLC (Owner) Anthony Lorusso (Applicant) David P. Martland, Esq. (Attorney) for a Variance from Section 603 & 803 G to construct a second story addition on existing footprint with an 8’ deep wrap around porch. With a side yard setback of 9’9” where 15’ is required and a front yard setback of 34’4” where 40’ is required.  Said real estate is located at 527 Aquidneck Avenue and further identified as lot 242 (A) on tax assessor’s plat 114. The petition of JOJF LLC (Owner) Anthony Lorusso (Applicant) David P. Martland, Esq. (Attorney) for a Variance from Section 603 & 803 G to construct a second story addition on existing footprint with an 8’ deep wraparound porch. With a side yard setback of 9’9” where 15’ is required and a front yard setback of 34’4” where 40’ is required.  Mr. Martland represented Mr. Lorusso. Mr. Martland explained Mr. Lorusso petition. Essentially, the renovation (second story addition) is being built within the existing footprint. The one exception is the 5’3” in the side yard setback where a portion of the wraparound porch encroaches into the setback. Mr. Lorusso said he had spoken to the neighbors and they supported 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 Heaney 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: Aquidneck Group LLC (Owners) Citizens Bank (Applicant) Joseph F. Hook, Esq. (Attorney) for a Special Use from Section 902 & 1212 install two signs to increase visibility.  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) Citizens Bank (Applicant) Joseph F. Hook, Esq. (Attorney) for a Special Use from Section 902 & 1212 install two signs to increase Citizen Bank’s visibility from East Main Road.  Mr. Hook represented the Aquidneck Group LLC (Owners). Mr. Hook explained the need for the additional signage. Citizens Bank sits back away from the street (East Main Road). The additional larger signage would provide greater visibility from the roadway. Currant signage is not adequate as it cannot be viewed easily from the roadway. The two additional signs, with greater dimensions 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 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 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.

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 April 23, 2023.

A motion to adjourn the March 28th, 2023 meeting was made by Judith Rosenthal. Thomas Silveira second the motion. The meeting was adjourned at 6:27 pm.

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

POSTED:  March 24, 2023

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