Continued Petitions from January 23, 2024:

Petition of: Paul J. Murphy (Owner) for Variance from 603, 701, 803 & 903 to construct a second floor over existing garage for a family dwelling unit and 10 x 10 addition on the front of the garage for storage, resulting in a 4.2’ set back on the east side where 15’ is required, 7.5’ rear set back where 30’ is required.  The height will be 20.2’ where 15’ is allowed.  Lot coverage will be 25.6% where 25% is allowed.  Said real estate is located at 226 Reservoir Road and further identified as lot 52 on tax assessor’s plat 121 NW. The petition of Paul J. Murphy (Owner) for Variance from 603, 701, 803 & 903 to construct a second floor over existing garage for a family dwelling unit was continued to the Mar 26, 2024 meeting.

New Petitions:

Petition of: Andrew Gomes & Rebekah Staubach (Owners) for a Variance from 603, 803 (G) & 903 to demolish existing 25’ x 28’ garage with a 4’ North side setback.  Reconstruct a new 25’ x 41 ½’ two story garage with the same 4’ North side setback where 7.148’ is required; and a heigh of 24’ where 20’ is allowed.  Said real estate is located at 554 Jepson Lane and further identified as lot 2 on tax assessor’s plat 117. The petition of Andrew Gomes & Rebekah Staubach (Owners) for a Variance from 603, 803 (G) & 903 to demolish existing 25’ x 28’ garage with a 4’ North side setback.  Reconstruct a new 25’ x 41 ½’ two story garage with the same 4’ North side setback where 7.148’ is required; and a height of 24’ where 20’ is allowed.  Mr. Gomes and Ms. Staubach spoke on their behalf. They provided the details for the petition. Mr. Silveira (acting chairman) asked Mr. Gomes and Ms. Staubach if they had spoken to their neighbors. They had and their neighbors supported the reconstruction as it will be an improvement over the existing garage. Their request was straight forward, so 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. Stephen Huttler made the motion to approve and it was second by Mark Donahue. Following a discussion among the board members the zoning board members 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 new garage to provide them with greater storage, work space, and workout room;

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: 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) and David P. Martland, Esq. (Attorney) for a Special Use from 902 to expand the existing two-family structure was continued to the Mar 26, 2024 meeting.

Petition of: Bancroft on the Bluffs Condominium Association (Owner) and David P. Martland, Esq. (Attorney) for a Special Use from 803 to permit a non-conforming use by relocating the storage shed to the parking area.  Said real estate is located at 575 Tuckerman Avenue and further identified as lot 12700 on tax assessor’s plat 122. The petition of Bancroft on the Bluffs Condominium Association (Owner) and David P. Martland, Esq. (Attorney) for a Special Use from 803 to permit a non-conforming use by relocating an existing storage shed to a new location (the parking area) on the lot. Mr. Martland spoke on behalf of Bancroft on the Bluffs Condominium Association (Owner). Mr. Martland explained the relocation was necessary due to the reconstruction (replacing heating system) for the two-family home. The current storage shed location prevents access to the heating system. The shed had to move or be removed. The owners wanted to keep the shed for additional storage. After a lengthy explanation and after addressing some of the board’s follow up questions Mr. Silveira (acting chairman) asked Mr. Martland if the owners had spoken to the neighbors. They had and their neighbors supported relocating the shed. When the acting 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. Judith Rosenthal made the motion and it was second by Stephen Huttler. 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 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: Raymond Paul Pineault (Owner) and David P. Martland, Esq. (Attorney) for a Variance from 603 to construct an in-ground pool located 4.1’ from the Easterly side lot line where 12.88’ is required.  Resulting in lot coverage of 29.14% where 28.525% 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 (Owner) and David P. Martland, Esq. (Attorney) for a Variance from 603 to construct an in-ground pool located 4.1’ from the Easterly side lot line where 12.88’ is required.  Resulting in lot coverage of 29.14% where 28.525% is allowed Mr. Martland spoke on behalf of Mr. Pineault (Owner). Mr. Martland called on Mr. Pineault to explain the lengths he’s gone to construct the pool. Mr. Martland also called Mr. Houle, a certified real estate appraiser, to offer his opinion regarding the variance. Mr. Martland asked Mr. Pineault to explain the changes made to receive the variance. Mr. Pineault stated he reduced the pool size and shifted its location to require only one side (easterly) variance. His previous petition required two side variances (north and east). Mr. Martland then call on Mr. Houle to provide his expert opinion on the variance. After a lengthy explanation and after addressing some follow up questions from the board Mr. Houle concluded that Mr. Pineault’s petition met each standard from the zoning code for a variance. Mr. Silveira (acting chairman) then opened the meeting to the public. There were a number of the neighbors who spoke out against the petition. The Moran’s, direct abutters to the north; Wendy Dumond, abutter to the north and east; Deborah Van Housen, abutter from the west, Kevin Quinn, abutter from the west (Renfrew Park) all expressed concerns over storm water runoff. Mr. Hadfield, the direct abutter to the east (the one most affected by the variance), supported Mr. Pineault’s petition even though he was also concerned about runoff. However, he understood it was Mr. Pineault’s responsibility to engineer a system to prevent runoff on the surrounding properties. After closing the hearing, a motion was made to approve the petition by Stephen Huttler.  Mark Donahue second the motion. 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 is due to the unique characteristics of the subject land and structure;

2.      That the hardship is not the result of any prior action of the applicant;

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

4.   That the relief requested is the least relief necessary.   

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 Recommendation)

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 Recommendation)

Mark Donahue made a motion to adjourn the February 27, 2023 meeting. Thomas Heaney seconds the motion. The meeting was adjourned at 7:42 pm.

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

POSTED:  February 5, 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.