Continued Petitions – January 28, 2025

1.      Petition of: James J. O’Connell (Owner) for a Special Use from 602 & 904 to obtain approval to run a non-owner occupied short term rental.  Said real estate is located at 93 Shore Drive and further identified as lot 14 on tax assessor’s plat 116SE. The petition of Mr. O’Connell was withdrawn (no relief necessary).

2.      Petition of: Mary Jo Henderson (Owner) for a Special Use and Variance from 603 & 803 to renovate pre-existing second floor of accessory garage structure to 22’ in height where 15’ is permitted, and to add on to accessory garage a second-floor deck located 4’ from property line where 4.71’ is required.  Said real estate is located at 36 Briarwood Avenue and further identified as lot 196 (A) on tax assessor’s plat 115SE. The petition of Ms. Henderson was withdrawn without prejudice. Mr. Tanner Jackson, Attorney, made the request on behalf of his client (Ms. Henderson).

Summary

3. Petition of: John Brooks (Owner) for a Variance from 603, 903 & 321 (A) to construct an elevator addition to house located 12.27’ from the Eastern side property line where 14.37’ is required.   Said real estate is located at 47 Seascape Avenue and further identified as lot 85 on tax assessor’s plat 115SE. The summary petition of John Brooks (Owner) for a Variance from 603, 903 & 321 (A) to construct an elevator addition to house located 12.27’ from the Eastern side property line where 14.37’ is required. Mr. Brooks wanted to add an elevator to provide access to the second floor  of his 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 Mark Donahue. The board members the board voted 5-0 to approve the summary petition.

4. Petition of: Thomas Basile (Owner) for a Variance from 603 & 321 (A) to construct additional garage bay 16’-7” from the West property line where 20’ is required.   Said real estate is located at 20 William Drive and further identified as lot 265 on tax assessor’s plat 114. The summary petition of Thomas Basile (Owner) for a Variance from 603 & 321 (A) to construct additional garage bay 16’-7” from the West property line where 20’ is required. Mr. Basile wanted to o add an additional garage bay to an existing garage. 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 Thomas Heaney. The board members the board voted 5-0 to approve the summary petition.

New Petitions

5. Petition of: Jeremy Booth (Owner) for a Variance from 602, 904 & 803 (G) to demo and reconstruct garage and add 4’ to rear with living space above new garage; located 4’ from the North side yard setback where 15’ is required.   Said real estate is located at 21 Murphy Circle and further identified as lot 9 on tax assessor’s plat 106. The petition Jeremy Booth (Owner) for a Variance from 602, 904 & 803 (G) to demo and reconstruct garage and add 4’ to rear with living space above new garage; located 4’ from the North side yard setback where 15’ is required.  Mr. Booth spoke on his behalf. Mr. Booth explained his petition was required due to the condition of the existing garage. He stated the current garage was in disrepair, had a sub-standard foundation, and in its current state wasn’t economically feasible to repair. He further explained that the garage (1^st floor) would be for storage and the 2^nd floor would be for extra living space for his growing family. In addition, Mr. Booth consulted with all his neighbors. The neighbors concurred with the garage demolition and the rebuild with a second floor. 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. 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  the unique characteristics of the lot;

2.      That the motivation for the petition is to construct a structure to provide additional living and 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.

6. Petition of: James & Sharon Maguire (Owners) for a Variance 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) was continued until the February 25, 2025 meeting. This petition was written for a variance when it should have been written as a special use petition.

7. Petition of: Craig & Anne Schmidt (Owners) for a Variance from 603 to construct a garage addition 12.5’ from Southern side property line where 20’ is required, and 38.3’ from SW front property line where 40’ is required, and to construct office addition 35.6’ from NW front property line where 40’ is required.  Said real estate is located at 3 Toni Lynn Terrace and further identified as lot 106 on tax assessor’s plat 121 NW. The petition Craig & Anne Schmidt (Owners) for a Variance from 603 to construct a garage addition 12.5’ from Southern side property line where 20’ is required, and 38.3’ from SW front property line where 40’ is required, and to construct office addition 35.6’ from NW front property line where 40’ is required. Mr. Tanner Jackson, Attorney spoke on the Schmidt’s behalf. Mr. Jackson explained the petition was required to modernize the existing single family structure. Mr. Jackson further explained that the garage (1^st floor) would be additional off-street parking and storage and the 2^nd floor would be for additional living space. In addition, Mr. Jackson noted, due to the location of the single-family structure it is not possible to make any additions without invading the front and side setbacks. The neighbors concurred with the garage demolition and the rebuild with a second floor. When the chairman opened the meeting to the public, one abutter spoke up (Mr. Charles Earl). He was in favor of the Schmidt’s 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 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 unique characteristics of the lot;

2.      That the motivation for the petition is to construct a structure to provide additional living and 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.

8. Petition of: BankNewport (Owner) and Rodney Topolewski – VP Director of Facilities BankNewport (Applicant) for a Special Use from 1202 & 1209 to allow a window sign of 40% of window area where 15% is allowed and illuminated 8.74 sqft sign where 2 sqft. is allowed.   Said real estate is located at 528 West Main Road and further identified as lot 142 on tax assessor’s plat 107SW. The petition of BankNewport (Owner) and Rodney Topolewski – VP Director of Facilities BankNewport (Applicant) for a Special Use from 1202 & 1209 to allow a window sign of 40% of window area where 15% is allowed and illuminated 8.74 sqft sign where 2 sqft. is allowed. Mr. Topolewski (Applicant) represented BankNewport and spoke on their behalf. Mr. Topolewski explained the circumstances behind their request for a special use. Mr. Topolewski explained that BankNewport added the additional signage during the new construction. At the time of construction and installation BankNewport was not aware that they needed a special use for the additional signage. Mr. Topolewski explained that they would like to receive (retroactively) a special use for the signage. The signage was affixed to the front of the building facing West Main road. It is lighted and displays written content. The content scrolls about every 30 seconds or so. 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 Mark Donahue. Board members (Mr. Donahue and Lombardi) expressed their concern for safe travel along this stretch of West Main Road. They voiced their concern that a sign with this type of lighting would distract drivers and increase the likelihood of accidents. Following a discussion among the board members the board voted 1-4 to disapprove the petition. The reasons given for not granting the petition are:

1.      That the special use will diminish the quality of life (safety of vehicular travel) along West Main Road;

2.      That the special use will create a nuisance in the neighborhood (addition, distracting lighting);

3.   That the granting of such special use permit will be detrimental to or substantially or

permanently injury the appropriate use of property in the surrounding area.

9. Petition of: Kathleen Foley (Owner) for a Variance from 603 & 803 (G) to construct a one story addition located 1’-1” from property line where 9’-5” is required.   Said real estate is located at 53 Center Avenue and further identified as lot 44 on tax assessor’s plat 116NE. The petition of Kathleen Foley (Owner) for a Variance from 603 & 803 (G) to construct a one story addition located 1’-1” from property line where 9’-5” is required. Ms. Kathleen Foley (Owner) spoke on her behalf. Ms. Foley explained the purpose of the addition was to provide a place for her to live. She currently lives in MA. She is planning to move into the edition once construction is complete. Her child with his family is going to move onto the main house. The architect, Mr. Brian Shull, gave the details for the addition (suite and new dining room). 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. 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 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 the owner to occupy;

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 January 28, 2025 meeting. Mark Donahue seconds the motion. The motion to adjourn was approved 5-0. The meeting was adjourned at 6:57 pm.

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

POSTED: January 31, 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.