New Petitions:

Petition of: Francine Newth (Owner) for a Variance from 603, 701 & 803(G) to construct a 13’ x 17’ one story addition with a front yard setback of 7’ where 25’ is required.  Said real estate is located at 39 Continental Drive and further identified as lot 48 (A) on tax assessor’s plat 114. The petition of Francine Newth (Owner) for a Variance from 603, 701 & 803(G) to construct a 13’ x 17’ one story addition to her home. Ms. Newth (Owner) was present to speak on her own behalf. Ms. Newth’s petition for the one story addition was to request additional living space to her residence. 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 and it was second by Mark Donahue. 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 the petitioner;

2.      That the motivation for the petition is to construct a one-story addition to provide additional living space;

3.    That the relief requested was reasonably necessary;

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

Petition of: Timothy D. Corr (Owner) Sean Sullivan & Colleen Weaver (Applicants) David P. Martland, Esq. (Attorney) for a Variance from 603 to construct a second story above the existing single-family dwelling along with a rear deck and front porch.  The front porch would extend outward resulting in a front yard setback of 12.9’ where 17.83’ is required.  Said real estate is located at 24 Perry Avenue and further identified as lot 86 on tax assessor’s plat 121NW. The petition of Timothy D. Corr (Owner) Sean Sullivan & Colleen Weaver (Applicants) David P. Martland, Esq. (Attorney) for a Variance from 603 to construct a second story above the existing single-family dwelling along with an additional rear deck and front porch. David P. Martland, Esq. (Attorney) spoke on behalf of the owner and applicants. Mr. Martland provided the details of the petition. In his explanation Mr. Martland noted only the front porch required the requested variance (all other additions noted in the petition were granted by right IAW Middletown’s Zoning Code). When the chairman opened the meeting to the public, no one spoke out against the petition. The board asked the applicant (Ms. Weaver) whether the second-story loft over the garage was going to include living space. Ms. Weaver stated the additional space (loft) above the garage would not be used as living space (it was additional space for storage). After closing the hearing, a motion was made to approve the petition. Stephen Huttler made the motion and it was second by Judith Rosenthal. 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 the petitioner;

2.      That the motivation for the petition is to construct a second-story addition and decks was to provide additional living and recreational space;

3.    That the relief requested was reasonably necessary;

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

Petition of: Castle Keep RI (Owner) and Christine Offenberg (Attorney) for a Special Use from Article 12 Section 1212 to permit a free standing sign 28 sqft where 16 sqft is permitted; and a height of 12’ where 8’ is permitted.  Said real estate is located at 999 Aquidneck Avenue and further identified as lot 207 on tax assessor’s plat 113. The petition of Castle Keep RI (Owner) and Christine Offenberg (Attorney) for a Special Use from Article 12 Section 1212 to permit a free standing sign 28 sqft where 16 sqft is permitted; and a height of 12’ where 8’ is permitted. Mr. Asa Montgomery (Co-Owner) was present to speak on behalf of Castle Keep RI. Christine Offenberg (Attorney) was not present at the meeting. Mr. Montgomery’s petition for the additional signage (height and width) was made with the understanding that similar free standing signs have been permitted and are currently present along this stretch of Aquidneck Avenue. 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. Judith Rosenthal made the motion 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 not the result of any prior action of the petitioner;

2.      That the motivation for the petition is to attain signage which is consistent with the signage allowed for other businesses in the area;

3.    That the relief requested was reasonably necessary;

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

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)

Stephen Huttler made a motion to adjourn the July 23, 2024 meeting.  Mark Donahue seconds the motion. The motion was approved 5-0. The meeting was adjourned at 6:21 pm.

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

POSTED:  June 28, 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.