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 Oct 24, 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 Oct 24, 2023 meeting.

August 22, 2023 – Continued Petitions:

Petition of: Cardinal 159, LLC (Owners) and Girard Galvin, Esq. (Attorney) for a Special Use from 902, 602 and Variance from 903, 803(G), 701 & 603 and DPR Vote to construct a 1300 sqft addition to existing restaurant, which will encroach upon northern setback (addition will be 11’2” from North property line where 35’ is required, while existing structure is 10’7” from North property line).  The expansion of the existing special use permit to serve alcoholic beverages requires a special use permit. Said real estate is located at 159 West Main Road and further identified as lot 45 on tax assessor’s plat 108. The petition of Cardinal 159, LLC (Owners) and Girard Galvin, Esq. (Attorney) for a Special Use from 902, 602 and Variance from 903, 803(G), 701 & 603 to construct a 1300 sqft addition to existing restaurant, which will encroach upon northern setback (addition will be 11’2” from North property line where 35’ is required, while existing structure is 10’7” from North property line).  The expansion of the existing special use permit to serve alcoholic beverages requires a special use permit. Attorney Galvin, on behalf of Cardinal 159, LLC, requested the case be reopened and the previous testimony (August 22, 2023) be entered for the record for the September meeting. Mr. Galvin’s request was granted. In sum, all the testimony from expert witnesses (Project Engineer and Real Estate Appraiser) was accepted. When the Chairman opened the meeting to the public, no one spoke out against the petitions. After closing the hearing, the board made two motions: Variance and then Special Use. The motion was made, which included the Planning Review Board’s recommended stipulations, to approve the variance petition. Stephen Huttler made the motion with stipulations and it was second by Mark Donahue. Following a discussion, among the board members the board voted 5-0 to approve the variance petition. The reasons given for approval are:

1.      That the hardship petitioner faces are not the result of any prior action of petitioner;

2.      That the motivation for the petition is to improve the commercial space and services provided from these renovated areas;

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.

Finally, a second motion was made, included the Planning Review Board’s recommended stipulations, to approve the special use petition.  Stephen Huttler made the motion with stipulations and it was second by Mark Donahue. Following a discussion, among the board members the board voted 5-0 to approve the special use 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.

*Note: (1) The hearing for this case was held on August 22, 2023. The vote for this case was made during the September 26, 2023 meeting. The Zoning Board wanted to see the Planning Board’s recommendation which was omitted from the packet provided. The Planning Board made several stipulations along with their positive recommendation. The Zoning Board included the stipulations in each of our motions. (2) The zoning board members in attendance for the testimony on August 22, 2023 (Silveira, Huttler, Donahue, Viveiros, and Heaney) were the voting members for these petitions.

Summary Petitions:

Petition of: Cindy Kendall (Owner) for a Variance from 603, 903 & 321 (A) to construct a 6’x6’ front porch resulting in 17’ front setback where 25’ is required.  Said real estate is located at 10 Kay Boulevard and further identified as lot 133 on tax assessor’s plat 109 NE. The petition of Cindy Kendall (Owner) for a Variance from 603, 903 & 321 (A) to construct a 6’x6’ front porch resulting in 17’ front setback where 25’ is required.  Ms. Kendall spoke on her behalf. She 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. Eric Kirton made the motion and it was second by Thomas Silveira. 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;

2.      That the motivation for the petition is to construct a front porch to provide with greater recreational space;

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: Paradise LLC (Owners) and Turner Scott & Tanner Jackson, Esq. (Attorneys) for a Special Use from 803(A) Watershed 1 and Variance from 603 & 321 (A) to extend existing single-family residence.  Extension to be 27’4” from property line where 30’ is required.  Said real estate is located at 514 Paradise Avenue and further identified as lot 2 on tax assessor’s plat 127. The petition of Paradise LLC (Owners) and Turner Scott & Tanner Jackson, Esq. (Attorneys) for a Special Use from 803(A) Watershed 1 and Variance from 603 & 321 (A) to extend existing single-family residence. Tanner Jackson Esq. represented Paradise LLC (Owners). Mr. Jackson explained the specifics of the petition. The new construction provides the Russell’s greater living space and the additional construction poses no threat to the zone 1 watershed. Additionally, the town has no concern that the new construction will threaten the watershed. When the Chairman opened the meeting to the public, no one spoke out against the petitions. After closing the hearing, the board made two motions: Variance and then Special use. The motion to approve the variance petition was made by Stephen Huttler and it was second by Eric Kirton. Following a discussion, among the board members the board voted 5-0 to approve the variance petition. The reasons given for approval are:

1.That the hardship petitioner faces are not the result of any prior action of petitioner;

2. That the motivation for the petition is to add additional living space to the dwelling;

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.

Finally, a second motion to approve the special use petition was made by Stephen Huttler and it was second by Thomas Silveira. Following a discussion, among the board members the board voted 5-0 to approve the special use 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: Newport County Regional YMCA (Owners) and Robert M. Silva, Esq. (Attorney) for an Extension on a previously granted (August 23, 2022) Special Use from 1212 (A) to allow three (3) signs where two (2) are permitted.  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 (Owners) and Robert M. Silva, Esq. (Attorney) for an extension on a previously granted (August 23, 2022) Special Use from 1212 (A) to allow three (3) signs where two (2) are permitted.  Mr. Silva represented the Newport County Regional YMCA (Owners). Mr. Silva explained the owners had been granted a special use for additional signage by the zoning board. Due to ongoing renovations on the façade of the building the signs had yet to be emplaced. Since the granted special use was recorded September 28, 2022 an extension was required. Mr. Silva went on to explain the reasons for the delay (major renovations for the facility) and asked for a year extension (September 28 2024). When the Chairman opened the meeting to the public, no one spoke out against the petitions. After closing the hearing, the board made a motion to grant the extension for the special use. Stephen Huttler made the motion and it was second by Thomas Silveira. Following a discussion among the board members the board believed “good cause had been shown” for requesting the extension of the special use. The board voted 5-0 to approve the extension of the special use 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: Thomas & Janice C. Kowalczyk (Owners) Jeffrey & Kathryn Schneider (Applicant) and Robert M. Silva, Esq. (Attorney) for an Extension on a previously granted (August 24, 2021 and September 27, 2022) Special Use from Article 16, Section 1601 to construct an accessory family dwelling to the existing single family dwelling; and a Variance from 603 for side yard setback of 3’ where 20’ is required and front yard setback of 14’.5” where 40 ‘is required.  Said real estate is located at 9 Beechland Place and further identified as lot 192 on tax assessor’s plat 109 NE. The petition of Thomas & Janice C. Kowalczyk (Owners) Jeffrey & Kathryn Schneider (Applicant) and Robert M. Silva, Esq. (Attorney) for an extension on a previously granted (August 24, 2021 and September 27, 2022) Special Use from Article 16, Section 1601 to construct an accessory family dwelling to the existing single family dwelling; and a Variance from 603 for side yard setback of 3’ where 20’ is required and front yard setback of 14’.5” where 40 ‘is required. Mr. Silva represented Thomas & Janice C. Kowalczyk (Owners) Jeffrey & Kathryn Schneider (Applicant).  Mr. Silva explained the owners had been granted a special use and it was recorded September 27, 2022. Mr. Silva went on to explain the reasons for the delay (major difficulties with the contractors, changes in plans and materials to match the current façade/construction materials). Mr. Silva asked for a year extension (September 27, 2024). When the Chairman opened the meeting to the public, no one spoke out against the petitions. The chairman asked Mr. Kowalczyk  if he’d spoken to his neighbors. Mr. Kowalczyk said the neighbors were notified and were supportive of his plan. After closing the hearing, the board made a motion to grant the extension for the special use. Eric Kirton made the motion and it was second by Thomas Silveira. Following a discussion among the board members the board believed “good cause had been shown” for requesting the extension of the special use. The board voted 5-0 to approve the extension of the special use 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: Catherine & John Russell (Owners) for a Variance from 603, 803 (G) and 903 to construct a second-floor addition above the non-conforming structure.  Add first-floor porch located 34.7 from the front/west property line where 40’ is required.  Construct a first-floor laundry room located 26.6’ from the rear/East property line where 50’ is required.  Said real estate is located at 524 Wolcott Avenue and further identified as lot 49 on tax assessor’s plat 122. The petition of Catherine & John Russell (Owners) for a Variance from 603, 803 (G) and 903 to construct a second-floor addition above the non-conforming structure. All the new construction will be within required (existing) setbacks. Mr. Russell asked his architect, Mr. John Chapman, to explain the renovations.  Mr. Chapman explained the need for the additional space. The new construction provides the Russell’s greater living space within the dwelling and with the exception of a small ”bump out” over the first floor laundry room, the renovations will not cause an increase in the structure’s nonconformity. The chairman asked Mr. Russell if he’d spoken to his neighbors. Mr. Russell said he had and the neighbors were supportive of his renovation plan. When the Chairman opened the meeting to the public, no one spoke out against the petition. After closing the hearing a motion to approve the petition was made by Stephen Huttler and it was 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 hardship petitioner faces are due to the unique characteristics of the subject land and not the result of any prior action of petitioner;

2.    That the motivation for the petition is to build a deck to provide with greater recreational space;

3.      That the relief requested will not alter the general characteristics of the surrounding area;

4.      That the granted is the least relief necessary.

Petition of: Dan Williams (Owner) for a Variance from 603, 903 & 803 (G) to construct a deck and stairs located 7’6” from the Southern property line where 20’ is required; and to construct a front entry 0’ from the Eastern property line where 25’ is required.  Said real estate is located at 174 Renfrew Avenue and further identified as lot 33 on tax assessor’s plat 115 SE. The petition of Dan Williams (Owner) for a Variance from 603, 903 & 803 (G) to construct a deck and stairs located 7’6” from the Southern property line where 20’ is required. The new deck will be 7’6” from setback where 25’ is required. Mr. Williams asked his architect Dan Herchenroether to explain the deck and stair project. Mr. Herchenroether provided the details for the petition. The request was straight forward and there were no additional questions for Mr. Herchenroether 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 to approve the petition was made by Thomas Silveira and it was 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 faces are due to the unique characteristics of the subject land and not the result of any prior action of petitioner;

2. That the motivation for the petition is to build a deck to provide with greater recreational space;

3. That the relief requested will not alter the general characteristics of the surrounding area;

4. That the granted is the least relief necessary.

Petition of: Testamentary Marital Trust u/w/o Frank S Hale f/b/o Carol Hale (Owners) Suzanne Hale (Applicant) and David P. Martland, Esq. (Attorney) for a Variance from 400 to undertake a home occupation in an existing detached barn.  Said real estate is located at 438 Wolcott Avenue and further identified as lot 23 on tax assessor’s plat 122. The petition of Testamentary Marital Trust u/w/o Frank S Hale f/b/o Carol Hale (Owners) Suzanne Hale (Applicant) and David P. Martland, Esq. (Attorney) for a Variance from Section 400 to permit a home occupation of an existing barn for a home embroidery business was continued to the Oct 24, 2023 meeting.

A motion to adjourn the September 26, 2023 meeting was made by Stephen Huttler. Thomas Silveria second the motion. The meeting was adjourned at 7:53 pm.

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

POSTED:  September 6, 2023

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