Continued Petition 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. David P. Martland, Esq. (Attorney) made a motion, on behalf of the Munick’s, to withdraw their petition without prejudice.  The Zoning Board accepted the Munick’s petition to withdraw without prejudice. Eric Kirton made the motion to accept the withdrawal without prejudice and Thomas Heaney second. The petition was approved 5-0.

Re-Advertised Petition from May 28, 2024:

Petition of: Robert P. & Susan Thornton Rev. Trust (Owners) for a Special Use from 1103 (B) & 803 (G) and a Variance from 603 & 903 to construct an addition to the detached garage located 2’-4” from the side yard setback where 13’-2” is required and a 15’ x 30’ pool.   Said real estate is located at 1 Prospect Avenue and further identified as lot 60 on tax assessor’s plat 120. The petition of Robert P. & Susan Thornton Rev. Trust (Owners) for a Special Use from 1103 (B) & 803 (G) and a Variance from 603 & 903 to construct an addition to the detached garage located 2’-4” from the side yard setback where 13’-2” is required and a 15’ x 30’ pool. Mr. Thornton was present to speak on their behalf. Mr. Thornton’s petition for building an addition to their detached garage and constructive and in-ground pool was continued from the May 28, 2024 meeting. The extension was needed due to an error in the previous petition (the May petition omitted the pool in the advertisement). Mr. Thornton explained the omission was not intentional. Mr. Thornton added the pool to the June petition. Mr. Thornton had already given the background for the garage extension, so he provided a quick overview of the addition for the garage extension and focused most of his comments regarding the proposed pool. 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 (special use and the variance). Eric Kirton made the special use motion and it was second Thomas Heaney. 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 will not alter the general characteristics of the surrounding area;

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

Eric Kirton made the variance motion and it was second Thomas Heaney. 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 construct an extension to their existing garage to store additional pool related equipment;

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.

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 June 25, 2024 meeting.  Thomas Heaney seconds the motion. The motion was approved 5-0. The meeting was adjourned at 6:11 pm.

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

POSTED:  June 3, 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.