BUILDING/ZONING

TOWN OF MIDDLETOWN

350 East Main Road, Middletown, RI 02842

(401) 847-5769 | MiddletownRI.com

ZONING BOARD OF REVIEW

MIDDLETOWN, RHODE ISLAND MINUTES

DATE: APRIL 22, 2025 TIME: 6:00 PM

LOCATION: TOWN HALL CHAMBERS -350 EAST MAIN ROAD

*This meeting location is accessible to the handicapped. Individuals requiring interpreter services for the hearing-impaired should notify the Town Clerk’s Office at 401-847-0009 not less than 48 hours before this meeting. __________________________________________________________________________________________________

Administrative:

1. Roll call. The Zoning Board of Review was called to order at 6:02 pm. The board members present: Thomas Silveira (chairman), Judith Rosenthal, Rick Lombardi, Mark Donahue, and Thomas Heaney (secretary). Absent: Antone Viveiros. Unless otherwise indicated the voting members for this meeting were: Thomas Silveira, Judith Rosenthal, Rick Lombardi, Mark Donahue, and Thomas Heaney.

2. Adoption of Zoning Board meeting minutes from February 25, 2025. Rick Lombardi made the motion to accept the minutes and Judith Rosenthal second. The minutes were approved 5-0.

3. Election of Officers (N/A)

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Continued/Re-advertised Petition from February 25, 2025

1. Petition of: James & Sharon Maguire (Owners) for a Special Use from 602 & 904 to obtain approval for an owner occupied Short Term Rental. Said real estate is located at 145 Compton View Drive and further identified as lot 823 on tax assessor’s plat 120. The petition of James & Sharon Maguire (Owners) for a Special Use 602 & 904 to obtain approval for an owner occupied short term rental (STR). Mr. Maguire (Owner) represented the couple and spoke on their behalf. Mr. Maguire explained the circumstances behind their request for an owner occupied STR. Mr. Maguire explained that he and his wife were living in a spacious 4-bedroon home. They are now “empty-nesters”. Therefore, they would like to rent out one or two of the empty bedrooms on a short-term basis. Mr. Maguire stated their STR special use would conform to the town’s STR policies. 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 Judith Rosenthal. Following a discussion among the board members the board voted 5-0 to approve the petition. The reasons given for granting the approval are:

a. That the special use will not diminish the quality of life (diminish property values) in the surrounding area;

b. That the special use will not create a nuisance in the neighborhood;

c. That the granting of such special use permit this accommodation will not be detrimental to or substantially or permanently injury the appropriate use of property in the surrounding area.

Continued Summary Petition from Canceled March 25, 2025

2. Petition of: Robert Shabin (Owner) for a Variance from 603 & 321(A) to construct an open air entry porch 8’-8” from property line where 16’ is required. Said real estate is located at 213 Tuckerman Avenue and further identified as lot 32 on tax assessor’s plat 116. The summary petition of Robert Shabin (Owner) for a Variance from 603 & 321(A) to construct an open air entry porch 8’-8” from property line where 16’ is required. Mr. Shabin wanted to add a porch to protect the front entry from the elements. 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 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 Mark Donahue. The board members the board voted 5-0 to approve the summary petition.

Continued New Petitions from Canceled March 25, 2025

3. Petition of: William & Ellen Kelly (Owners) for a Variance from 602 & 904 to obtain approval for an owner occupied Short Term Rental. Said real estate is located at 12 Harvey Road and further identified as lot 159 on tax assessor’s plat 114. The Kelly’s requested a continuance (via email to the town zoning official) of their petition to the May 27, 2025 meeting.

4. Petition of: Philip Roberson & Lisa Anastos (Owners) for a Special Use from 602 & 904 to obtain approval for an owner occupied Short Term Rental. Said real estate is located at 1 South Drive and further identified as lot 58 on tax assessor’s plat 117. The petition of Philip Roberson & Lisa Anastos (Owners) for a Special Use 602 & 904 to obtain approval for an owner occupied short term rental (STR). Mr. Roberson represented the petitioners. Mr. Roberson explained the circumstances behind their request for an owner occupied STR. Mr. Roberson explained that he and his wife were living in a very large home. Their children are grown and have moved away. Therefore, they would like to rent out one or two of the empty bedrooms on a short-term basis. Mr. Roberson stated their STR special use would conform to the town’s STR policies. When the chairman opened the hearing 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. 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 granting the approval are:

a. That the special use will not diminish the quality of life (diminish property values) in the surrounding area;

b. That the special use will not create a nuisance in the neighborhood;

5. Petition of: FLM Middletown Realty, LLC (Owner) and JT Commons, Inc. (Applicant) for a Special Use from 602 to convert existing retail market with associated restaurant into full service restaurant with an indoor seating capacity of 163 seats and outdoor seating of 64 seats. Said real estate is located at 1037 Aquidneck Avenue and further identified as lot 202 on tax assessor’s plat 113. The petition of FLM Middletown Realty, LLC (Owner) and JT Commons, Inc. (Applicant) for a Special Use from 602 to convert existing retail market with associated restaurant into full service restaurant with an indoor seating capacity of 163 seats and outdoor seating of 64 seats. Mr. David P. Martland, Esq. (Attorney) represented FLM Middletown Realty, LLC and JT Commons, Inc. and spoke on their behalf. Mr. Martland explained the petition was required to renovate the market/take-out food business (Food Love). Mr. Martland further explained that the new family style pizza restaurant would include alcohol service (beer and wine). In addition, Mr. Martland noted, that the alcohol service would include the outdoor patio. Mr. Martland presented two witnesses: Mr. Corey Berria, FLM Middletown Realty, LLC and JT Commons, Inc. (Applicant) (aka. Newport Restaurant Group), and Mr. Nathan Godfrey, Newport Appraisal Group. Mr. Martland asked Mr. Berria to provide additional details on the proposed restaurant. Mr. Berria provided pertinent information for converting the market space into a restaurant. He addressed the type of family style service he wished to cater to, and the hours of operation. Mr. Martland then asked Mr. Godfrey to give his expert opinion on converting the current market into a restaurant. Mr. Godfrey provided a written appraisal (Exhibit “A”). Mr. Godfrey used the town’s zoning ordinance for Special Use to provide his findings. In Mr. Godfrey’s testimony he stated he believed this special use petition met all five elements for granting a special use. When the chairman opened the meeting to the public, a number of abutters spoke out against the proposal. The abutters: the Roberts’, the Callahan’s and Ms. Boudreaux objected due to noise and light encroachment onto their properties. Members of the board spoke out against alcohol sales on the patio (11 pm was too late). Mr. Martland and Mr. Berria discussed each of these issues with the neighbors and board members. The following was agreed upon to the satisfaction of all: (1) A vegetative buffer and screening will be installed between the residences and the restaurant, (2) Entertainment is not a permitted use on the patio, (3) Lighting facing the residences and at the rear of the restaurant property will be “dark sky” compliant (IAW the town’s lighting ordinance), (4) Alcohol service ends at 10pm on the patio, and (5) Restaurant staff will monitor noise (periodically) IAW the town’s noise ordinance. After closing the hearing, a motion was made to approve the petition. Rick Lombardi 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 granting the petition were:

a. That the special use will not diminish the quality of life (safety of vehicular travel) along Aquidneck Avenue;

b. That the special use will not create a nuisance in the neighborhood (additional distracting lighting and additional noise; patio and rear parking IAW the above stipulations);

c. That the granting of such special use permit will not be detrimental to or substantially or permanently injury the appropriate use of property in the surrounding area.

New Summary Petition for April 22, 2025

6. Petition of: Kirk E. Pickell (Owner) for a Variance from 603, 704 & 321 (A) to construct a single family dwelling 15’ from the Northerly side yard property line where 20’ is required. Said real estate is located at 7 JH Dwyer and further identified as lot 432 on tax assessor’s plat 105. The summary petition of Kirk E. Pickell (Owner) for a Variance from 603, 704 & 321 (A) to construct a single family dwelling 15’ from the Northerly side yard property line where 20’ is required. Mr. Pickell wanted to build a single family dwelling for his son/son’s family. 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 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 Mark Donahue. The board members the board voted 5-0 to approve the summary petition.

New Petitions for April 22, 2025

7. Petition of: Daphne M. Fogg (Owner) for a Special Use from 602 & 904 to obtain approval for an owner occupied Short Term Rental. Said real estate is located at 19 Renfrew Avenue and further identified as lot 253 on tax assessor’s plat 115SE. The petition of Daphne M. Fogg (Owner) for a Special Use 602 & 904 to obtain approval for an owner occupied short term rental (STR). Ms. Fogg represented herself. Ms. Fogg explained the circumstances behind her request for an owner occupied STR. Ms. Fogg explained that she is moving to Middleton. Ms. Fogg will be living in the single family dwelling alone. She would like to rent out one of the empty bedrooms on a short-term basis. Ms. Fogg stated her STR special use would conform to the town STR policies. 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. 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 granting the approval are:

a. That the special use will not diminish the quality of life (diminish property values) in the surrounding area;

b. That the special use will not create a nuisance in the neighborhood;

8. Petition of: Middletown Self-Storage, LLC (Owner) for a Special Use from 1212 to allow for 3 wall mounted signs (1 permitted) with a total square footage of 100 sq ft where 60 sq ft permitted; and a post sign of 40 sq ft where 16 sq ft is permitted. Said real estate is located at 101 Valley Road and further identified as lot 403 on tax assessor’s plat 107SE. The petition of Middletown Self-Storage, LLC (Owner) for a Special Use from 1212 to allow for 3 wall mounted signs (1 permitted) with a total square footage of 100 sq ft where 60 sq ft permitted; and a post sign of 40 sq ft where 16 sq ft is permitted. Mr. David Martland, Esq. (Attorney) represented of Middletown Self-Storage, LLC and spoke on their behalf. Mr. Martland explained the petition was required to adequately identify the structure as a self-storage building. Mr. Martland explained the new structure didn’t resemble a storage facility. He noted, due agreements made during the approval process, the structure’s construction would embody the character, quality and appropriateness of the surrounding architecture (i.e., New England style architecture). Mr. Martland presented one witness Mr. Robert Reed, the principle owner of MSS. Mr. Martland asked Mr. Reed to provide additional details on the proposed signage. Mr. Reed stated that his architect/builders had done so well constructing the façade, no one knows it’s a self-storage facility. The building’s unique look makes it look like something its not and is the reasons why he requested additional signage. Mr. Reed requested 3 (backlit) wall mounted signs and one ground level (two-posted sign). Mr. Martland asked Mr. Godfrey to give his expert opinion on converting the current market into a restaurant. Mr. Godfrey provided a written appraisal (Exhibit “A”). Mr. Godfrey used the town’s zoning ordinance for Special Use to provide his finding. In Mr. Godfrey’s testimony he stated he believed this special use petition met all five elements for granting a special use. When the chairman opened the hearing to the public, no one spoke out against the proposal. After closing the hearing, a motion was made to approve the petition. Mark Donahue 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 granting the petition were:

a. That the special use will not diminish the quality of life (safety of vehicular travel) along Valley Road;

b. That the special use will not create a nuisance in the neighborhood (additional distracting lighting);

c. That the granting of such special use permit will not be detrimental to or substantially or permanently injury the appropriate use of property in the surrounding area.

9. Petition of: Brian Davis (Owner) for a Variance from 603 to construct a living room addition 12.6’ from the side property line where 15’is required and 23.4’ from the rear property line where 30’ is required. Said real estate is located at 5 Pocono Road and further identified as lot 156 on tax assessor’s plat 105. The petition of Brian Davis (Owner) for a Variance from 603 to construct a living room addition 12.6’ from the side property line where 15’is required and 23.4’ from the rear property line where 30’ is required. Mr. Davis (Owner) spoke on his behalf. Mr. Davis also brought his architect, Mr. Jeffery Munoz, to answer construction related details. Mr. Davis explained the purpose of the renovation was to provide additional living space place for him and his family to live. The architect, Mr. Munoz, gave the details for the addition (new living room). The addition was minor and fitting for the property. When the chairman opened the hearing to the public, no one spoke out against the petition. After closing the hearing, a motion was made to approve the petition. Rick Lombardi 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:

a. That the hardship petitioner faces are due to the unique characteristics of the lot;

b. That the motivation for the petition is to construct an addition to provide additional living space for the owner to occupy;

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

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

Rick Lombardi made a motion to adjourn the April 22, 2025 meeting. Thomas Heaney seconds the motion. The motion to adjourn was approved 5-0. The meeting was adjourned at 8:05 pm.

All items on this agenda may be considered, discussed, and voted upon. POSTED: March 28, 2025

* 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 reassess 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.

Published by ClerkBase