Summary:

Petition of: Cathryn Gibbs/Nest Design & Construction, LLC (Owner) for a Variance from 603, 903 & 321 (A) to construct a front landing and entry 15’ from the West property line where 25’ is required.  Said real estate is located at 84 Allston Avenue and further identified as lot 296 on tax assessor’s plat 115 SE. The summary petition of Cathryn Gibbs/Nest Design & Construction, LLC (Owner) for a Variance from 603, 903 & 321 (A) to construct a front landing and entry 15’ from the West property line where 25’ is required. Ms. Gibbs wanted a new front landing and entry to provide a weatherproof entranceway to her home. After reading in the summary petition, a motion was made to approve the petition as a summary case. When the chairman opened the meeting to the public, no one expressed concern regarding the summary petition. Since no one objected to the summary petition the board voted on the petition without a full hearing. Rick Lombardi made the motion to approve the summary petition and it was second by Judith Rosenthal. The board members the board voted 5-0 to approve the summary petition.

Petition of: MPF Trust (Owner) for a Variance from 600, 603, 903 & 321 (A) to construct a single story, attached, single stall garage addition to the existing attached garage and extend an existing deck and pergola above the garage, all to be located 12.1’ from the West side setback where 20’ is required.  Said real estate is located at 540 Tuckerman Avenue and further identified as lot 118 on tax assessor’s plat 122. The summary petition of MPF Trust (Owner) for a Variance from 600, 603, 903 & 321 (A) to construct a single story, attached, single stall garage addition to the existing attached garage and extend an existing deck and pergola above the garage, all to be located 12.1’ from the West side setback where 20’ is required. After reading in the summary petition, a motion was made to approve the petition as a summary case. If no one objects, the board votes on the petition without a full hearing. Rick Lombardi made the motion and it was second by Stephen Huttler. The board members the board voted 5-0 to approve the summary petition.

Petition of: Brian & Josie Maguire (Owners) for a Variance from 603, 701, 803, 903 & 321 (A) to construct a 2’ addition to front of house and a 5’ x 10’-10” covered front porch with stairs resulting in a 14’-8” setback on the North side where 25’ is required. R-10 setbacks have been applied on this nonconforming R-20 lot.  Said real estate is located at 6 Kent Road and further identified as lot 103 on tax assessor’s plat 122. The summary petition of Brian & Josie Maguire (Owners) for a Variance from 603, 701, 803, 903 & 321 (A) to construct a 2’ addition to front of house and a 5’ x 10’-10” covered front porch with stairs resulting in a 14’-8” setback on the North side where 25’ is required. After reading in the summary petition, a motion was made to approve the petition as a summary case. When the chairman opened the meeting to the public, no one expressed concern regarding the summary petition. Since no one objected to the summary petition the board voted on the petition without a full hearing. Stephen Huttler made the motion and it was second by Rick Lombardi. The board members the board voted 5-0 to approve the summary petition.

New Petitions:

Petition of: Susan & Tory Flis (Owners) for a Variance from 603 to construct an ADU 20’-7.5” from the front yard setback where 25’ is required; and 12’-4’.5” from the south side setback where 15’ is required.  Said real estate is located at 17 Casey Drive and further identified as lot 22 on tax assessor’s plat 106. The petition of Susan & Tory Flis (Owners) for a Variance from 603 to construct an ADU 20’-7.5” from the front yard setback where 25’ is required; and 12’-4’.5” from the south side setback where 15’ is required. Ms. Tory Flis spoke on their behalf. Ms. Flis explained the purpose of the ADU addition was to provide a place for their elderly mother to live. The architect, Mr. Jeff Monez, gave the details for the ADU. 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 Rick Lombardi. 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 due to the unique characteristics of the lot;

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

3.    That the relief requested is more than a mere inconvenience;

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

Petition of: Glenn Brogan (Owner) for a Variance from 603, 803(G) & 903 to locate a shed 2.5’ from the rear property line where 5’ is required.   Said real estate is located at 75 Tuckerman Avenue and further identified as lot 114 on tax assessor’s plat 116NE. The petition of Glenn Brogan (Owner) for a Variance from 603, 803(G) & 903 to locate a shed 2.5’ from the rear property line where 5’ is required. Mr. Brogan spoke on his behalf. Mr. Brogan explained his rationale was due to a mis-application of the building code. He applied the sub-standard lot rule cutting the set back from the minimum required 5’ to 2.5’. He consulted an attorney and the attorney concurred with the 2.5’. Mr. Brogan also consulted with all his neighbors, they all concurred with sighting the shed 2.5’ from the 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 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  the result of his uniquely shaped lot;

2.      That the motivation for the petition is to construct a structure to provide additional storage space on the property;

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.

Thomas Heaney made a motion to adjourn the November 26, 2024 meeting. Rick Lombardi seconds the motion. The meeting was adjourned at 6:43 pm.

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

POSTED:  October 24, 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.