New Petitions:

Petition of: John Andrasik (Owner) for a Special Use from 602 & 904 to obtain approval for an owner occupied short term rental.  Said real estate is located at 35 Bliss Mine Road and further identified as lot 124 on tax assessor’s plat 109NE. The petition of John Andrasik (Owner) for a  Special Use 602 & 904 to obtain approval for an owner occupied short term rental (STR). Mr. Andrasik (Owner) represented himself and spoke on his behalf. Mr. Andrasik explained the circumstances behind their request for an owner occupied STR. Mr. Andrasik explained that he and his wife were living in a 4-bedroon home. They would like to rent out one of the bedrooms on a short-term basis. Mr. Andrasik stated the 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. Stephen Huttler 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 approval are:

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

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

3.   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.

Petition of: Colleen Sullivan Burns (Owner) for a Special Use from 1102 to construct a single-family home located within Zone 1 of the watershed district.  Said real estate is located at 148 Trout Drive and further identified as lot 903 on tax assessor’s plat 120. The petition of Colleen Sullivan Burns (Owner) for a Special Use from 1102 to construct a single-family home located within Zone 1 of the watershed district.  Mr. David Martland, Esq. (Attorney) represented s. Burns (Owner) and spoke on her behalf. Mr. Martland explained the circumstances behind her request to construct a single-family home located within Zone 1 of the watershed district. Mr. Martland provided the details on the lengths Ms. Burns had taken to place a new structure within the Zone 1 of the watershed district. Prior to coming before the Zoning Board of review they had submitted their new construction plans through: DEM, the town Planning Board of Review (PB), and the Conservation Commission (CC). Mr. Martland explained that at each step (DEM, PB, and the CC) they received a positive recommendation. Mr. Martland then asked Mr. Mike Russell (professional engineer) to explain the details for locating the structure on the allowable building envelop on the lot. Essentially, the building plans limit construction to about one quarter of the total lot (11,000 Sq. ft. of the available 40,000 sq. ft.). The plan maintains the character of the lot (wetlands, with an open meadow). Mr. Russell emphasized their plan incorporates all the recommendations made by DEM, the PB, and the CC. When the chairman opened the meeting to the public, two abutters spoke up (James Leduc and Mark and Susan Stoeckel). They were both concerned about the storm water runoff. Mr. Russell addressed their concerns. He provided the engineering plan to mitigate the storm water runoff from 148 Trout Drive. He highlighted the plan to keep the storm water on 148 Trout Drive and off the neighbor’s property. After closing the hearing, a motion was made to approve the petition, including the list of stipulations from DEM, the PB, and the CC. 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 with stipulations. The reasons given for granting the approval are:

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

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

3.   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;

4.  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 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 Mary Jo Henderson (Owner) was continued until the February 25, 2025 meeting.

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 James J. O’Connell (Owner) was continued until the February 25, 2025 meeting.

Stephen Huttler 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 6:56 pm.

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

POSTED: January 7, 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.