ZONING BOARD OF REVIEW

MIDDLETOWN, RHODE ISLAND

-MINUTES-

 

DATE: MAY 23, 2023

TIME: 6:00 PM

LOCATION: TOWN HALL CHAMBERS -350 EAST MAIN ROAD

*This meeting location is accessible to the handicapped. Individuals requiring interpreter services for the hearingimpaired

should notify the Town Clerk’s Office at 401-847-0009 not less than 48 hours before this meeting.

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Administrative:

1. Members in attendance- Mr Donahue, Mr Kirton, Mr Hutler, Mr Viveros, Mr Silveira

2. Adoption of Zoning Board meeting minutes from April 25, 2023

 

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.

Continued

 

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.

Continued

 

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.

Continued

 

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.

Continued

 

April 25, 2023 – Continued Petitions:

Petition of: John Joven (Owner) and his attorney Jeremiah C. Lynch, III Esq. for a Variance from Section 603,716 & 903 to relocate the existing boundary between Lots 119 & 121 to the North by 9.20’. Reducing Lot 119 frontage from 75’ to 65.80’ where 100’ is required. Additionally, decreasing square footage from 6,765.75 sqft to 6, 113.04 sqft where 10,000 is required. Said real estate is located at 109 Tuckerman Avenue and further identified as lot 119 & 121 on tax assessor’s plat 116 NE.

Jeremiah Lynch spoke on behalf of the applicant John Joven described the scope of the project and the need to move the lot lines

Motion 1 - Hutler

Motion 2- Donahue

Motion carried 5-0

 

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 relocate the existing non-conforming dwelling to the center of property resulting in North side yard setback of 6’6” where 15’ is required. A South side yard setback of 14’2” where 15’ is required. A rear yard setback with 14.8’ where 30’ is required. Said real estate is located at 27 Seascape Avenue and further identified as lot 83(A) on tax assessor’s plat 115 SE.

Jay Lynch spoke on behalf of the applicant Jacob Trent- architect spoke on behalf of the applicant and described the project James Houle- real estate expert spoke in favor of the project

Motion 1 - Donahue

Motion 2- Kirton

Motion carried 3-2

 

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.

Continued

 

Summary Petitions:

Petition of: Nicholas A Brownell (Owner) for a Variance from Section 603 District Dimensional Regulation & 903 to construct a 6’6” x 32’ front porch with an 18’5” front yard setback where 25’ is required. Said real estate is located at 25 Clayton Street and further identified as lot 79 on tax assessor’s plat 108 SW.

Motion 1- Kirton

Motion 2- Hutler

Motion carried 5-0

 

Petition of: Olin & Jane Gambrell (Owners) for a Variance from Section 603, Article 6 & 903 to construct a garage 14’ x 28’ with a side yard setback of 8’ were 15’ is required. Said real estate is located at 3 Orville Drive and further identified as lot 35 on tax assessor’s plat 106.

Motion 1- Hutler

Motion 2- Donahue

Motion carried 5-0

 

New 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.

Continued

 

Petition of: Daniel & Samantha Kent (Owners) for a Special Use Permit from Article 16 Accessory Family Dwelling to construct an in-law apartment above the existing garage and add exterior entry stairs. Said real estate is located at 62 Samson Lane and further identified as lot 614 on tax assessor’s plat 105.

Daniel and Samantha Kent described the extent of the project Diane St Jermain- neighbor spoke against the project Alkan Bradley- neighbor spoke against the project

Motion 1- Hutler

Motion 2- Kirton

Motion. Carried 5-0

 

Petition of: Dolan, James & Jeanne P Trusts (Owners) and Mary Dolan (Applicant) for a Special Use Permit from Article 16 Accessory Family Dwelling and a Variance from Article 6, Section 603 & 1601 (B) to construct a 57’ x 33’ one story addition resulting in a northside setback of 20’10” where 30’ is required. This results in a 36% gross living space where 35% is allowed; additionally making it two bedrooms where one is allowed. Said real estate is located at 520 Turner Road and further identified as lot 1 on tax assessor’s plat 120.

Mary and James Dolan described the extent of the project

Motion 1- Donahue

Motion 2- Kirton

Motion carried 5-0

 

Petition of: Richard & Tia Bashour (Owners) for a Variance from Section 603 District Dimensional Regulation & 903 to construct a 32’ x 8 ‘ front entry cover & porch resulting in an Easterly 33’ front yard setback where 40’ is required. Said real estate is located at 1 JH Dwyer Drive and further identified as lot 400 on tax assessor’s plat 105.

Motion carried 5-0

 

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.

Continued

 

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

POSTED: May 3, 2023

RI Secretary of State Webpage,

Clerkbase, Middletown Library,

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

 

 

 

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