Administrative:  

1.      Roll call Roll call: The Zoning Board of Review was called to order at 6:00 pm. The board members present: Thomas Silveira (chairman), Eric Kirton, Judith Rosenthal, Rick Lombardi, Antone Viveiros, and Thomas Heaney (secretary). Absent: Stephen Huttler (vice chairman) and Mark Donahue. Unless otherwise indicated the voting members for this meeting are: Thomas Silveira, Eric Kirton, Judith Rosenthal, Rick Lombardi, and Thomas Heaney.

2.       Adoption of Zoning Board meeting minutes from September 24, 2024. Eric Kirton made the motion to accept the minutes and Rick Lombardi second. The minutes were approved 5-0.

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New Petitions:

Petition of: Cardinal 159, LLC (Owner) and Girard Galvin, Esq. (Attorney) for an Extension to the previously granted Special Use 902,602 & 803 and the Variance 903, 803 (G), 701 & 603 to add to the current IHOP building.  Said real estate is located at 159 West Main Road and further identified as lot 45 on tax assessor’s plat 108. The petition of Cardinal 159, LLC (Owner) and Girard Galvin, Esq. (Attorney) for an Extension to the previously granted Special Use 902,602 & 803 and the Variance 903, 803 (G), 701 & 603 to add to the current IHOP building. Mr. Girard Galvin, Esq. (Attorney) represented Cardinal 159, LLC (Owner) and spoke on their behalf. Mr. Galvin explained the circumstances behind their request for a one year extension of the previously granted petition. Mr. Galvin cited delays in receiving estimates and lining up contractors to perform the renovations made it clear that Cardinal 159, LLC would need an extension. When the chairman opened the meeting to the public, no one spoke out to object the request for extension. After closing the hearing, a motion was made to approve the petition. Rick Lombardi 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 renovate an existing business to provide a safer environment for their workforce and improved dining area and bar for their clients;

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 (all ready an existing business).

Petition of: Sisyphus Holdings, LLC (Owner) and Electrical Wholesalers (Applicant) for a Special Use from 1209 to cover main windows with company logo signage resulting in 45% coverage where 15% is allowed.  Said real estate is located at 165 Oliphant Lane and further identified as lot 61 (A) on tax assessor’s plat 111. The petition of Sisyphus Holdings, LLC (Owner) and Electrical Wholesalers (Applicant) for a Special Use from 1209 Exempt Signs to cover main windows with company logo signage resulting in 45% coverage where 15% is allowed. Mr. Jason North, Sisyphus Holdings, LLC (Owner) spoke about the Special use. Mr. North explained that the additional signage were actually decals not signage to be attached to the building. Also, the decals (consisting of honey comb wrap) would be applied directly to the 10 Bay windows. The decals advertised the electric company that will occupy the commercial space. When the chairman opened the meeting to the public, one neighbor (Paul Dyjak) expressed his concern of light pollution as a result of the new commercial construction. Mr. Dyjak’s residence is directly across Oliphant Lane.  Mr. North assured Mr. Dyjak that the additional signage had no light associated with the decals other than the lights for the business. Mr. North agreed that the business’ lights would be on from 7 am to 5 pm and off after business hours. Mr. Dyjak was satisfied that there wouldn’t be any additional light from the new signage and withdrew his objection to the additional signage. After closing the hearing, a motion was made to approve the petition. object the request for extension. After closing the hearing, a motion was made to approve the petition. Rick Lombardi 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 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 previous decisions to grant additional signage for business’;

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

Petition of: David & Carol Shaw (Owner) for a Variance from 803 G, 603 & 903 to construct a second floor addition to a pre-existing non-conforming house located 12.6’ from the Northern property line where 18.6’ is required.  Said real estate is located at 149 Mitchell’s Lane and further identified as lot 1A & 1B on tax assessor’s plat 123. The petition of David & Carol Shaw (Owner) for a Variance from 803 G, 603 & 903 to construct a second floor addition to a pre-existing non-conforming house located 12.6’ from the Northern property line where 18.6’ is required. Mr. David Shaw (owner) and Mr. Joshua Oliver (project manager) provided details of the petition. Prior to the testimony, Mr. Eric Kirton recused himself. Mr. Antone Viveiros filled in for Mr. Kirton. Mr. Shaw explained their rationale for the additional living space. Mr. Oliver provided the details on the renovation adding a second floor with additional bedrooms and bathrooms for the Shaw family. The chairman asked Mr. Shaw why the lot was split 1A and 1B. Mr. Shaw did not know, but said he was amenable joining the lots into one. In addition, the chairman asked Mr. Shaw if he’d spoken to his neighbors. Mr. Shaw said yes and that they all supported the renovation. When the chairman opened the meeting to the public, no one spoke out to object the petition. After closing the hearing, a motion was made to approve the petition. Rick Lombardi 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 petitioner;

2.      That the motivation for the petition is to construct an addition to provide living space for additional bedrooms and bathrooms;

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: Patrick & Patricia Deady (Owner) and David P. Martland Esq. (Attorney) for a Variance from 603 to construct a second story above existing single-family house located 14.5’ from the front property line where 17.92’ is required, and 9.6’ from the Westerly side yard where 10.75’ is required.  A 4’ x 8’ front entry porch located 14.8’ where 17.92’ is required and a 3’ x 5’ roof over the garage door with an Eastly side setback of 8.6’ where 11.2’ is required.  Said real estate is located at 38 Perry Avenue and further identified as lot 88 on tax assessor’s plat 121 NW. The petition of Patrick & Patricia Deady (Owner) and David P. Martland Esq. (Attorney) for a Variance from 603 to construct a second story above existing single-family house located 14.5’ from the front property line where 17.92’ is required, and 9.6’ from the Westerly side yard where 10.75’ is required.  A 4’ x 8’ front entry porch located 14.8’ where 17.92’ is required and a 3’ x 5’ roof over the garage door with an Eastly side setback of 8.6’ where 11.2’ is required. Mr. Martland represented the Deady’s and spoke on their behalf. Mr. Martland explained the one-story home was undersized for the Deady’s needs and was in a state of disrepair. The Deady’s wanted to occupy this home and make it their permanent residence. To do so they believe they needed to completely renovate the ground floor and add additional living space on a new second floor. The proposal is in keeping with the character of the surrounding homes as most have been renovated to add a second floor. The chairman asked Mr. Martland if the Deady’s had spoken to their neighbors. Mr. Martland said yes they had and that the neighbors supported the renovation. When the chairman opened the meeting to the public, no one spoke out to object the petition. 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 hardship petitioner faces are not the result of any prior action of petitioner;

2.      That the motivation for the petition is to construct an addition to provide living space for additional bedrooms and bathrooms;

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.

Rick Lombardi made a motion to adjourn the October 22, 2024 meeting. Thomas Heaney second the motion. The meeting was adjourned at 6:41 pm.

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

POSTED:  September 27, 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.