Continued Petitions from February 27, 2024:

Petition of: Bruce & Cheryl Munick (Owners) and David P. Martland, Esq. (Attorney) for a Special Use from 903 to expand the existing two family structure by adding an additional 306’ to the foundation as well as 1,380 sq. ft. deck area around the home; and a Variance from 603 for 44.4’ and 41.6’ from the rear yard setback where 50’ is required.  Said real estate is located at 612 Tuckerman Avenue and further identified as lot 116 on tax assessor’s plat 122. The petition of Bruce & Cheryl Munick (Owners) for a Special Use from 903 and a Variance from 603 to expand the existing two family structure was continued to the May 28, 2024 meeting.

Summary Petitions:

Petition of: Lowell Blackman (Owner) for a Variance from 603, 903 & 321 (A) to construct a 25’10” x 17’ 5” addition that will extend East from the existing structure resulting in a 40’ setback where 50’ is required.  Said real estate is located at 2 South Drive and further identified as lot 81 on tax assessor’s plat 117. The petition of Lowell Blackman (Owner) for a Variance from 603, 903 & 321 (A) to construct a 25’10” x 17’ 5” addition that will extend East from the existing structure resulting in a 40’ setback where 50’ is required. Mr. Blackman spoke on his behalf. Mr. Blackman explained the purpose of the addition was to provide a place for his mother to live. When the chairman opened the meeting to the public, one neighbor (Alice Henry) expressed her concern regarding storm water runoff as a result of the new construction. Ms. Henry was assured by Mr. Costa (the town Zoning official) that the town has a zero tolerance policy regarding storm water runoff. The policy prohibits the increase of runoff due to the new construction. After closing the hearing, a motion was made to approve the petition. Mark Donahue made the motion and it was second by Antone Viveiros. 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;

2.      That the motivation for the petition is to construct an addition to provide living space for an aging parent;

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: William Macgowan (Owner) for a Variance from 603 & 903 to construct a 24’ x 34’ garage with 2^nd floor resulting in a 9’ side yard where 15’ is required and a ridge ht. of 22.6’ where 15’ is required.  Said real estate is located at 76 Center Avenue and further identified as lot 116 NE on tax assessor’s plat 40 E. The petition of William Macgowan (Owner) for a Variance from 603 & 903 to construct a 24’ x 34’ garage with 2^nd floor resulting in a 9’ side yard where 15’ is required and a ridge ht. of 22.6’ where 15’ is required. Mr. Macgowan spoke on his behalf. Mr. Macgowan explained the purpose of the addition was to provide additional living space (second floor office and studio). When the chairman opened the meeting to the public, one neighbor (Sarah Minor) expressed her concern regarding the second floor ridgeline. She was assured by the petitioner the ridgeline orientation would remain as planned. After closing the hearing, a motion was made to approve the petition. Mark Donahue made the motion and it was second by Thomas Heaney. 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;

2.      That the motivation for the petition is to construct an addition to provide living space for an office and studio;

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.

Petition of: Samuel’s Realty Co., LLC (Owner) Radish Patch, LLC (Applicant) and David P. Martland, Esq. (Attorney) for a Special Use from 602 to allow a restaurant with alcoholic beverages in limited business district.  Said real estate is located at 694 Aquidneck Avenue and further identified as lot 114 on tax assessor’s plat 107 D. The petition of Samuel’s Realty Co., LLC (Owner) Radish Patch, LLC (Applicant) and David P. Martland, Esq. (Attorney) for a Special Use from 602 to allow a restaurant with alcoholic beverages in limited business district.  Mr. Martland spoke on the petitioner’s behalf. Mr. Martland explained the plan for the restaurant noting that it fit well in the Polo Center. 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. Mark Donahue made the motion and it was second by Thomas Heaney. 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 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 previous decisions to grant additional signage for safety concerns;

4.    That the special use will not result in hazardous conditions or conditions inimical to the public health, safety, or welfare.

Petition of: Mark & Jill Andrew (Owners) for a Variance from 603, 701 & 903 to construct a 4’-2” addition on the Northside of the property line to extend the existing garage located 15’-9” where 20’ is required.  Said real estate is located at 565 Tuckerman Avenue and further identified as lot 126 on tax assessor’s plat 122. The petition of Mark & Jill Andrew (Owners) for a Variance from 603, 701 & 903 to construct a 4’-2” addition on the Northside of the property line to extend the existing garage located 15’-9” where 20’ is required.  Mr. Andrew spoke on his behalf. Mr. Andrew explained the purpose of the addition was to provide additional living space (convert the garage into a family room). 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. Mark Donahue made the motion and it was second by Antone Viveiros. 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;

2.      That the motivation for the petition is to construct an addition to provide living space for an office and studio;

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.

Petition of: Thomas Rowden (Owner) for a Special Use from 602 & 902 and a Variance from 603, 702 & 903 to construct a new two family residence located 21’ – 4” from the North property line where 30’ is required, and 21’ from the South property line where 30’ is required. Resulting in a lot size of 32, 878 sqft. where a minimum lot size of 40,000 sqft. is required.  A Special Use permit is required for a two family dwelling in R-20.  Said real estate is located at 521 Aquidneck Avenue and further identified as lot 242 (B) on tax assessor’s plat 114. The petition of Thomas Rowden (Owner) for a Special Use from 602 & 902 and a Variance from 603, 702 & 903 to construct a new two family residence located 21’ – 4” from the North property line where 30’ is required, and 21’ from the South property line where 30’ is required. Resulting in a lot size of 32, 878 sqft. where a minimum lot size of 40,000 sqft. is required.  Mr. Rowden spoke on his behalf. Mr. Rowden explained the purpose of the new construction was to provide a home for him and his family. When the chairman opened the meeting to the public, one neighbor (Anthony La Russo) expressed his support for the Rowden’s new construction.  After closing the hearing, a motion was made to approve the petition. Mark Donahue made the motion and it was second by Antone Viveiros. 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;

2.      That the motivation for the petition is to construct a new family home;

3.   That the relief requested is the least relief necessary;

4.   That the relief is due to the unique lot shape (flagpole);

5. That the granting of this accommodation will not alter the general character of the surrounding area.

Petition of: Joseph & Cheryl Sanfilippo (Owners) for a Variance from 603, 903 & 1601 to build an accessory dwelling with a front yard setback of 19’ – 6” where 24’ is required.  This results in 31% lot coverage where 28% is allowed.  Said real estate is located at 106 Oak Forest Drive and further identified as lot 289 on tax assessor’s plat 111. The petition of Joseph & Cheryl Sanfilippo (Owners) for a Variance from 603, 903 & 1601 to build an accessory dwelling with a front yard setback of 19’ – 6” where 24’ is required.  This results in 31% lot coverage where 28% is allowed.  Ms. Sanfilippo spoke on their behalf. Ms. Sanfilippo explained the purpose of the addition was to provide a place for their son with special needs to live. 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. Mark Donahue made the motion and it was second by Antone Viveiros. 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;

2.      That the motivation for the petition is to construct an addition to provide living space for a son with special needs;

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.

Petition of: Sachuest Holdings, LLC (Owner) Newport Mental Health (Applicant) and David P. Martland, Esq. (Attorney) for a Special Use from 602 & 902 to operate and maintain an emergency counseling and drop in center.  Said real estate is located at 42 Valley Road and further identified as lot 1030 on tax assessor’s plat 107 SE. The petition of Sachuest Holdings, LLC (Owner) Newport Mental Health (Applicant) and David P. Martland, Esq. (Attorney) for a Special Use from 602 & 902 to operate and maintain an emergency counseling and drop in center. Mr. Martland spoke on the petitioner’s behalf. Mr. Martland explained the plan for the home as a counseling and drop in center. 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. Mark Donahue made the motion and it was second by Thomas Heaney. 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 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 previous decisions to grant additional signage for safety concerns;

4.    That the special use will not result in hazardous conditions or conditions inimical to the public health, safety, or welfare.

Inactive Petitions & Appeals - Pending Other Board Decisions

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. (Pending Planning Board)

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. (Pending Planning Board)

Mark Donahue made a motion to adjourn the April 23, 2024 meeting. Antone Viveiros second the motion. The meeting was adjourned at 8:50 pm.

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

POSTED:  April 1, 2024

* RI Secretary of State Webpage *Clerkbase *Middletown Library

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

*Meetings begin promptly at the time posted and will not last for more than four (4) hours. The Board normally will take a short break after 1½ to 2 hours of hearings to re-assess the agenda and their ability to reach the remaining items pending before it.  The Board will not entertain/begin a new petition after 10:00 p.m. and will conclude all hearings at 10:30 p.m. therefore some petitions cannot be heard due to these time constraints and will be continued to the next regular meeting date.