Administrative:

1.       Roll call. The Zoning Board of Review was called to order at 6:00 pm. The board members present: Thomas Heaney, Rick Lombardi, Mark Donahue, Alicia Reyes, Rebecca Rogers, Christopher Rowe. Absent: Judith Rosenthal, Antone Viveiros. Unless otherwise indicated the voting members for this meeting were: Thomas Heaney, Rick Lombardi, Mark Donahue, Alicia Reyes and Rebecca Rogers.

2.        Adoption of Zoning Board meeting minutes from May 27, 2025. Rick Lombardi made the motion to accept the minutes and Mark Donahue seconded. The minutes were approved 5-0.

3.        Election of Officers.

Chairman - Rick Lombardi nominated Tom Heaney for Chair; Mark Donahue seconded. There were no other nominations. Thomas Heaney was elected Chair unanimously.

Vice Chairman - Thomas Heaney nominated Rick Lombardi for Vice Chairman; Alicia Reyes seconded. There were no other nominations. Rick Lombardi was elected Vice Chairman unanimously.

Secretary - Rick Lombardi nominated Mark Donahue for Secretary; Alicia Reyes seconded. There were no other nominations. Mark Donahue was elected Secretary unanimously.

Continued Petitions from May 27, 2025

Petition ZBR-25-1: Elizabeth Portner (Owner) and Alex Mutzabaugh and or Keith Lambert (Applicant) for a three year Special Use from 902 A(e) & Article 18 to erect a temporary retail tent. Said real estate is located at 750 Aquidneck Avenue further identified as tax assessor’s Plat 114 Lot 93.

The petition of Elizabeth Portner (Owner) and Alex Mutzabaugh and or Keith Lambert (Applicant) for a three year Special Use from 902 A(3) & Article 18 to erect a temporary tent. Ed McMahon of Cumberland, RI, manager of the retail tent spoke on behalf of the owner and applicants. He explained that they have been operating a seasonal retail tent to sell fireworks at this location for 4 years. They would like a 3 year permit to avoid having to reapply every year. He stated that he works very closely with the Fire Marshall and meets all of the safety requirements. There have been no problems or complaints since the tent has been in operation. When the chairman opened the meeting to the public, no one spoke out to object to the request. 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 approval were:

1.    That the special use will not result in a significant diminution of 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 will not be detrimental to or substantially or permanently injure the appropriate use of the 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 ZBR-25-2: The Meeting Place, LLC (owner) for a special use from 602 to permit a two-family dwelling and variance from 603 & 803(G) to allow a two-family dwelling on a 6,127 sq ft lot where 15,000 sq. ft. is required; and a front yard setback of 0' where 10' is required. Said real estate is located at 43 Aquidneck Avenue and further identified as tax assessor’s Plat 116NW Lot 29.

The petition of The Meeting Place, LLC (Owner) for a Special Use from 602 to permit a two-family dwelling and variance from 603 & 803 (G) to allow a two family dwelling on a 6,127 sq ft lot where 15,000 sq ft is required; and a front yard setback of 0’ where 10’ is required. Said real estate is located at 43 Aquidneck Avenue. Mr. David P. Martland, Esq. (Attorney) represented The Meeting Place, LLC, and spoke on their behalf. Mr. Martland explained that the property in question was previously a liquor store but the license to was sold so it could no longer operate as such. There was discussion about a possible encroachment issue of the current property on the front side into the public right of way. The property owner is having a survey taken to determine if this is the case and stated that if it is, the renovation to the property would correct this discrepancy to ensure the encroachment would no longer exist. Exhibit A was provided which was a color coded map of the property and surrounding area showing the uses of the properties. Mr. Martland presented two witnesses; Mr. Tony LaRusso, owner of The Meeting Place, LLC, and Mr. Nathan Godfrey, Newport Appraisal Group. Mr. LaRusso explained that he planned to convert the existing structure into a two-family dwelling to house employees who work at restaurants which he owns/operates in the area. He stated all occupants would be there in excess of 31 days so it would not be a short-term rental. Mr. Godfrey provided exhibit B which is a report regarding the request and relief sought. He described the appropriateness of requested use which he said was clear due to the number of two-family homes in the immediate area. He further described that the variance requirements were based upon the small lot size. The report asserted that all standards for a variance and special use permit were met and they should be granted. When the chairman opened the meeting to the public, a number of abutters spoke out against the proposal. Karen Roarke objected due to traffic concerns; Mary Pidro stated that the lot has always been commercial. The hearing was closed and Mark Donahue made a motion to approve the requested special use permit and variance with the condition that the encroachment issue be resolved. Rick Lombardi seconded. The motion passed 4-1.
The reasons given for granting the approval were:

1.  Special Use Permit:

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 to 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.

2.  Variance:

a.    That the hardship 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 surrounding area.

d.    That the hardship which will be suffered if the dimensional variance is not granted shall amount to more than a mere inconvenience.

Continued New Summary Petitions from June 24, 2025

Petition ZBR-25-6: Kathryn Schneider (Owner) for a Variance from 603, 903 & 321 (A) to enclose existing 10'x14' porch and construct a new 10'x14' deck resulting in a 6'.4" side setback where 11'.11" is required. Said real estate is located at 29 Allston Avenue further identified as tax assessor's Plat 115SE Lot 230.

The summary petition of Kathryn Schneider (Owner) for a Variance from 603, 903 & 321(A) to enclose existing 10’ x 14’ porch and construct a new 10’ x 14’ deck resulting in a 6’4” side setback where 11’11” is required. 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 seconded by Rebecca Rogers. The board voted 5-0 to approve the summary petition.

Petition ZBR-25-9: James & Sandra Lee Shuster (Owners) and Eric Zuena (Applicant) for a Variance from 603, 903 & 321 (A) to construct a 31.1' X 6' covered porch with a 19' front setback where 25' is required. Said real estate is located at 107 Briarwood Avenue further identified as tax assessor's Plat 116NE Lot 6.

The summary petition of James and Sandra Lee Shuster (Owners) for a Variance from 603, 903 & 321(A) to construct a 31l.1’ x 6’ covered porch with a 19’ front setback where 25’ is required. 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 seconded by Rebecca Rogers. The board voted 5-0 to approve the summary petition.

Continued New Petitions from June 24, 2025

Petition ZBR-25-7: Daniel Belhumeur (Owner) for a Variance from 603, 903 & 321(A) to construct a 12'X28' rear deck with a 35.5' rear yard setback where 50' is required. Said real estate is located at 2 Boulevard East and further identified as tax assessor's Plat 109NE Lot 155.

This petition was originally a summary petition but was moved to a regular petition with hearing due to abutter objections. The petition of Daniel Belhumeur (Owner) for a Variance from 603, 903 & 321(A) to construct a 12'X28' rear deck with a 35.5' rear yard setback where 50' is required. Mr. Belhumeur explained that the rear setback being requested is functionally a side setback and would not require relief if viewed as such. When the chairman opened the meeting to the public Barbara Fenlon and Mark Swenson, abutters, spoke out against the proposal based upon drainage/runoff concerns from the subject property downhill onto the abutting properties on Green End Ave. The town building inspector,

New Petitions for July 22, 2025

Petition ZBR-25-10: Maria Goncalves & Ivo DaSilva (Owners) for a Special Use from 602 & 902 to obtain approval for an owner occupied Short Term Rental. Said real estate is located at 28 Reardon Drive and further identified as tax assessor's Plat 113 Lot 90.

The petition of Maria Goncalves & Ivo DaSilva (Owners) for a Special Use from 602 & 902 to obtain approval for an owner occupied Short Term Rental. Mr. DaSilva explained that he recently purchased the home for him and his family to live in. His daughter got married and no longer lives in the home so they would like to use the available space as an owner-occupied short-term rental to help with the mortgage payments. Mr. DaSilva stated that he is fully aware of the rules regarding owner-occupied short-term rentals and would comply with all of them. He would rent out the upstairs portion of the home and he and his family would reside in the downstairs. When the chairman opened the meeting to the public Jeffrey Lemler, Charlie Masterson and Ray Alexander spoke. Mr. Lemler objected to the addition of another STR to the neighborhood citing traffic concerns and issues with the previous occupants. Mr. Masterson spoke to object to a STR in the neighborhood, but when he realized it was to be owner-occupied he expressed support. He acknowledged the issues regarding the previous occupants, but expressed pleasure with the actions taken by the new owners. Mr. Alexander had questions regarding enforcement of requirements. The Town Solicitor explained the ordnance requirements to him and who to contact if there are violations. The hearing was closed and Mark Donahue made a motion that the special use permit be approved. Rick Lombardi 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 to 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 July 22, 2025 meeting. Mark Donahue seconded the motion. The motion to adjourn was approved 5-0. The meeting was adjourned at 8:15 pm.