ZONING BOARD OF REVIEW
MIDDLETOWN, RHODE ISLAND
-MINUTES-
DATE: AUGUST 26, 2025
TIME: 6:00PM
LOCATION: TOWN HALL CHAMBERS – 350 RAST 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.
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Administrative:
1. Roll call. Zoning Board of review was called to order at 6:00PM. The board members present: Thomas Heaney, Rick Lombardi, Alicia Reyes, Rebecca Rogers, Christopher Rowe, Judith Rosenthal, and Antone Viveiros. Absent: Mark Donahue. Unless otherwise indicated, the voting members for this meeting were: Thomas Heaney, Rick Lombardi, Rebecca Rogers, Judith Rosenthal, and Alicia Reyes.
2. Adoption of the Zoning Board meeting minutes from July 22, 2025 as written. Rick Lombardi made the motion to accept the minutes and Judith Rosenthal seconded. The minutes were approved 5-0.
3. No previous continued petitions.
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New petitions for August 26, 2025:
Petition ZBR-25-11: Minna Kachka (Owner) for a Special Use from 602 & 902 to obtain approval for an owner occupied Short Term Rental. Said real estate is located at 255 Purgatory Road and further identified as tax assessor's Plat 116NE Lot 183.
Minna Kachka was present on behalf of her petition seeking approval for an owner occupied short term rental. She is looking to rent two or three rooms in her home with a total of six people max. She stated she has read the new changes to the code and agrees to the terms of having an owner occupied short term rental. Ms. Kachka will be present on the property and has ample parking to accommodate. It was noted that if she rents three rooms, she will not quality for the tax rate vs. if she only rents two rooms. When the chairman opened the meeting to the public, there were no objections. The hearing was closed and Rick Lombardi made a motion that the special use permit be approved. Judith Rosenthal seconded. The motion was approved 5-0.
a. That the special use will not result in a significant diminution of 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 will not be detrimental or substantially or permanently injure the appropriate use of the property in the surrounding area;
d. That the granting of such special use permit will not result in hazardous conditions or conditions inimical to the public health, safety or welfare.
Petition ZBR-25-12: Mike Meyer (Owner) Rinaldi Roofing (Applicant) for a Variance from 603 & 903 to construct a 16.5' front entry with a 6.5' side yard setback where 15' is required. Said real estate is located at 1119 Green End Avenue further identified as tax assessor's Plat 125 Lot 56.
Mr. Nicholas Rinaldi from Rinaldi roofing on behalf of Mike Meyer, owner was present. He described the plans to construct a front entry. Mr. Rinaldi described that the set back was in the western part of the home. He further described that the front entry would be a small metal roof over the entrance and would be open on both sides. The entrance is an existing entrance and there will be no changes to the entrance; only constructing the roof. When the chairman opened the meeting to the public, there were no objections. The hearing was closed and Rick Lombardi made a motion that the special use permit be approved. Judith Rosenthal seconded. The motion was approved 5-0. The reasons given for the granting of the variance were:
a. That the hardship the petitioner faces are due to the unique characteristics of the lot;
b. That the hardship is not the result of any prior action of the applicant;
c. That the granting of this accommodation will not alter the general character of the surround area;
d. That the hardship which will be suffered if the dimensional variance is not granted shall amount to more than a mere inconvenience.
Petition ZBR-25-13: KVH Industries, Inc. (Owner) and Knight Capital, LLC (Applicant) and David Martland (Attorney) for a Special Use from 602 to use 31,841 sq. ft. of an existing building for storage/warehouse purposes. Said real estate is located at 75 Enterprise Center further identified as Plat 113 Lot 15 (D).
Attorney David Martland was present along with Lawrence Phillips and Nathan Godfrey to obtain approval for a special use permit to use an existing building for storage and warehousing. Said property abuts the Middletown Town Hall. Attorney Martland explained that Mr. Phillips is looking to obtain the old KVH building which was built in 2011 for the purpose of manufacturing and storage. Mr. Phillips intends to continue using this property to utilize storage space to support his local hospitality business. The building is already built for storage and is about 40 feet high and 200 feet deep. Mr. Phillips explained that he has a professional background in real estate for repurposing older properties. He is seeking approval for storage and at some point, rent the additional unused front space to a gym or exercise center to include rock climbing, which is permitted in this zoning district. Mr. Phillips provided a description of the layout where the storage would be hidden in the south back area where the loading bay is, leaving two additional spaces in the front. There were concerns raised by the surrounding business – Embrace – about the type of items that would be stored and it would change the characteristics of the neighborhood. They also raised concerns of more traffic. Mr. Phillips stated it would be low intensity use and there would be no hazardous materials and it would be mostly chairs, umbrellas, and alcohol from his restaurants. Mr. Godfrey, a real estate appraiser, listed the reasons how this proposal meets the requirements of a special use permit. Mr. Godfrey explained that the comp plan is clear and there are no conflicts with this application. The comp plan was submitted as Exhibit A. The structure has been there for fourteen years so it fits into the neighborhood. There would be no diminution of the property. It would not create a nuisance as the use is already in existence and is being used for the same purpose. There would be no traffic issues as there would not be employed staff present on site except for trucks loading and picking up storage items. There is lots of parking that is not utilized and has ample space for large trucks. When the chairman opened the meeting to the public there were no objections. The hearing was closed and Rick Lombardi made a motion that the special use request be approved. Rebecca Rogers seconded. The motion was approved 5-0. The reasons given for granting the special use permit were:
a. That the special use will not result in a significant diminution of 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 will not be detrimental or substantially or permanently injure the appropriate use of the property in the surrounding area;
d. That the granting of such special use permit will not result in hazardous conditions or conditions inimical to the public health, safety or welfare.
Petition ZBR-25-14: Jay Johnson (Owner) for a Special Use from 602 & 902 to obtain approval for an owner occupied Short Term Rental. Said real estate is located at 45 Harvey Road and further identified as Plat 114 Lot 180
Jay Johnson (owner) was present on behalf of his petition to obtain a special use permit for an owner occupied short term rental. He explained that he and his family moved to RI from NY about two years who with his wife and two children. Mr. Johnson stated that they chose Middletown because of the community and want to stay in Middletown but was laid off from his employment. He is seeking approval to have an owner occupied short term rental to make up the loss of income. Mr. Johnson would like to rent out the basement of his home, which he described as a small studio with its own private entry and a pullout couch. He would be looking to rent to about two to four people maximum and his driveway could easily accommodate three-four cars. He stated he has a garage which he could put his two vehicles. He acknowledges for short term rentals, the vehicles cannot be parked on the street or on the lawn. Mr. Johnson ended with staying he wants to maintain a quiet neighborhood, especially since he has small children. When the chairman opened the meeting to the public there was a neighbor who objected. William Bare stated he opposes the granting of this petition because the neighborhood is quiet and peaceful and has lots of children and is concerned that having another short term rental will change the characteristics of the neighborhood. The hearing was closed and Rick Lombardi made a motion that the special use request be approved. Rebecca Rogers seconded. The motion was approved 5-0. The reasons given for granting the special use permit were:
a. That the special use will not result in a significant diminution of 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 will not be detrimental or substantially or permanently injure the appropriate use of the property in the surrounding area;
d. That the granting of such special use permit will not result in hazardous conditions or conditions inimical to the public health, safety or welfare.
Rick Lombardi made a motion to adjourn the August 26, 2025 meeting. Alicia Reyes seconded the motion. The motion to adjourn was approved 5-0. The meeting was adjourned at 7:04PM.