Continued New Petitions from Canceled March 25, 2025

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 petition of William & Ellen Kelly (Owners) for a Variance from 602 & 904 to obtain approval for an owner occupied Short Term Rental. (STR). The Kelly’s were represented by Jay Lynch Attorney and Sean Brown, abutter, was represented by Matt Leys Attorney. Each of the attorney’s spoke on behalf of their clients. Mr. Lynch interviewed Mr. Kelly (owner) and he explained the circumstances behind their request for an owner occupied STR. Mr. Kelly stated that he and his wife were living in a spacious home. Therefore, they would like to rent out a portion of the home on a short-term basis. Mr. Kelly stated their STR special use would conform to the town’s STR policies. Attorney’s Lynch and Leys had drawn up a written agreement between Mr. Brown and the Kelly’s (exhibit A). The agreement outlined the things that were mutually agreed to by both parties for the STR (all in keeping or exceeding the new STR ordinance). 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 were:

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

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

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

New Petitions for May 27, 2025

1.      Petition ZBR-25-1: Elizabeth Portner (Owner) and Alex Mutzabaugh (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. Continued to the June 24^th meeting.

2.      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.  Attorney David Martland requested a continuance on behalf of his client The Meeting Place, LLC (owner). Continued to the June 24^th meeting.

3.      Petition ZBR-25-4: Georgina Macdonald (Owner) for a Special Use from 602 & 902 to obtain approval for an owner occupied Short Term Rental.  Said real estate is located at 342 Boulevard and further identified as tax assessor's Plat 109NE Lot 154. Variance from 602 & 904 to obtain approval for an owner occupied Short Term Rental. The petition of Georgina Macdonald (Owner) for a Special Use from 602 & 902 to obtain approval for an owner occupied Short Term Rental.  Ms. Macdonald (Owner) represented the couple and spoke on their behalf. Mrs. Macdonald explained the circumstances behind their request for an owner occupied STR. Ms. Macdonald stated that she is renovating the property and she would occupy and live on the first floor. She would like to be able to rent out the second floor as a STR.  Ms. Macdonald stated her STR special use would conform to the town’s STR policies. When the chairman opened the meeting to the public, three abutters spoke out against the petition. Two neighbors (Ms. Susan Scaggs and Mr. Dan Bellhumer) were concerned about parking for STR guests. Ms. Macdonald explained were the parking spaces were and reserved for STR guests. They were satisfied with her explanation. An additional abutter (Mr. Terry Merkel) was concerned that a STR would change the character of the neighborhood. After hearing an explanation from members of the Zoning Board Mr. Merkel was satisfied and withdrew his objection. After closing the hearing, a motion was made to approve the petition. Mark Donahue 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:

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.

Mark Donahue made a motion to adjourn the May27, 2025 meeting. Rick Lombardi 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: May 2, 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.