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. David P. Martland, Esq. (Attorney) on behalf of the Munick’s notified the building office (by email) and requested the petition be continued to the June 25, 2024 meeting. The Munick’s petition is on the docket for the June 25^th meeting.

Summary Petitions:

Petition of: Michael Hayes (Owner) for a Variance from 603, 903 & 321 (A) to construct a   9 x 7 deck resulting in a rear yard setback of 19’ 6” where 30’ is required.  Said real estate is located at 21 Freeborn Street and further identified as lot 150 on tax assessor’s plat 108 SW. The petition of Michael Hayes (Owner) for a Variance from 603, 903 & 321 (A) to construct a 9’x 7’deck resulting in a rear yard setback of 19’ 6” where 30’ is required. Mr. Haynes was present to speak on his behalf. Mr. Haynes petition for building a deck was to provide his family additional outdoor living space for the full enjoyment of their property. 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 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 petitioner;

2.      That the motivation for the petition is to construct a deck to provide additional outdoor living 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.

Petition of: Melissa Janikies (Owner) for a Variance from 603, 903 & 321 (A) to construct a dormer for a primary bedroom with a side yard setback of 16’ where 20’ is required.  Said real estate is located at         8 JH Dwyer and further identified as lot 404 on tax assessor’s plat 105. The petition of Melissa Janikies (Owner) for a Variance from 603, 903 & 321 (A) to construct a dormer for a primary bedroom with a side yard setback of 16’ where 20’ is require. Ms. Janikies was present to speak on her behalf. Ms. Janikies petition for the dormer was to add more living space (an additional bedroom) 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 Eric Kirton. 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 dormer to provide living space (add an additional bedroom);

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: Aquidneck Group, LLC (Owner) Jason Parillo (Applicant) for a Variance from Article 12 Section 1212 (B) to allow Starbucks four (4) wall sign where one (1) is permitted.  Said real estate is located at 99 East Main Road and further identified as lot 106 on tax assessor’s plat 107SE. The petition of Aquidneck Group, LLC (Owner) Jason Parillo (Applicant) for a Variance from Article 12 Section 1212 (B) to allow Starbucks four (4) wall signs where one (1) is permitted. Mr. Jason Parillo (Applicant) spoke on behalf of Aquidneck Group, LLC (Owner). Mr. Parillo explained the additional signage was necessary due to the relocation of the existing Starbucks structure (free standing structure) and for visibility and safety issues. When the chairman opened the meeting to the public, one resident spoke out against the petition. The resident’s name was inaudible. However, his concern regarded the type and number of signs. After the applicant (Mr. Parillo) showed the concerned citizen his plans and explained the type of illumination (internally lit signs) and reviewed their size and location, he was satisfied. After closing the hearing, a motion was made to approve the petition. Eric Kirton 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 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 is compatible with previous decisions to grant additional signage for safety concerns;

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

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.   Said real estate is located at 1 Prospect Avenue and further identified as lot 60 on tax assessor’s plat 120. Mr. Thornton made a request to continue his petition to the June 25, 2024. The reason for the continuance was an omission on the advertised petition (there is no pool identified in the current petition). Mr. Thornton’s plan is to resubmit an updated petition which includes the proposed pool. The petition has been updated and is advertised for the June 25^th meeting.

Petition of: Wave Pond Hotel, LLC (Owner) and David P. Martland, Esq. (Attorney) for a Second extension from Section 905 a previously granted Special Use & Variance.  The original decision granted on January 16, 2019, was appealed to Superior Cout, and dismissed on June 14, 2021.  Said real estate is located at  38 Purgatory Road and further identified as lot 13 on tax assessor’s plat 116 NW. The petition of Wave Pond Hotel, LLC (Owner) and David P. Martland, Esq. (Attorney) for a Second extension from Section 905 a previously granted Special Use & Variance.  David P. Martland, Esq. (Attorney) spoke on behalf of Wave Pond Hotel, LLC (Owner). Mr. Regan, the town Solicitor recused himself from advising the board on this petition. Mr. Martland explained the rationale for the one year extension. The additional extension was necessary due to the permitting and redesign of the original petition. The owner decided during the original permitting process to alter the approved design. The changes reduce the overall size of the structure (nearly 50%). It also reduces its height keeping it more in character with the surrounding buildings. The new proposal has been approved by the planning board and through the CRMC permitting process. 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 Heaney. Following a discussion among the board members the board voted 5-0 to approve the one year extension. The reasons given for approval are:

1.      That the petitioner has shown good cause for the extension;

2.      That the motivation for the extension is to incorporate changes to the original plan and construct a structure nearly 50% smaller (sq. ft.) and lower the height than the structure approved in the original petition;

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

4.    That the granting of this accommodation in keeping with 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 May 28, 2024 meeting. Eric Kirton  seconds the motion. The motion was approved 5-0. The meeting was adjourned at 6:47 pm.

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

POSTED:  May 7, 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.