ZONING BOARD OF REVIEW

MIDDLETOWN, RHODE ISLAND

-MINUTES-

 

DATE: AUGUST 25, 2026

TIME: 6:00PM

LOCATION: TOWN HALL CHAMBERS – 350 WEST 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 6:02PM. The board members present: Thomas Heaney, Rick Lombardi, Rebecca Rogers, Judith Rosenthal, and Alicia Reyes. Absent: Christopher Rowe, Kendall Homes, and Joseph Markey.

2.      Adopt minutes from July 28, 2026 meeting. Rick made a motion to approve and Alicia seconded the motion. The minutes were passed 5-0.

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Continued from JUNE 23, 2026

 

Petition ZBR-26-23: Sandro De Souza (Owner) for a Variance from 603 & 903 to construct an 18'X25' shed 8' from the side yard where 20' is required. Said real estate is located at 146 Oliphant Lane and further identified as tax assessors Plat 111 Lot 40.

 

Sandro De Souza was present and sworn in. Mr. De Souza described his petition and his request for a variance. He stated his current shed is old and falling down and wants to build a new shed in the same spot. The shed would be bigger than the current shed and would come closer to the house rather than towards the property line. Rick Lombardi made a motion to approved and Rebecca Rogers seconded. The motion was passed 5-0.

Reasoning: The shed is being built in the same spot except the shed will be extended to be closer to the house. The variance would not result in a significant diminution of property value of the surrounding area and will not be detrimental to the surrounding area. It would rather increase the value by replacing the old shed with a newer shed.

 

Continued from JULY 28, 2026

 

Petition ZBR-26-32 CGRI Middletown LLC (Owners) and Poyant Signs (Applicant) for a Special Use from 1212 to allow a 132 sq.' sign where 80 sq.' is the max area and to be 23' high where 10' is allowed.  Said real estate is located at 1400 West Main Road and further identified as tax assessors Plat 106 Lot 5300(A).

 

This petition is continued to September 22, 2026.

 

 

 

Petition ZBR-26-33 Coddington Cove Commons, LLC (Owners) David Martland (Attorney) for a Special Use from 602 to permit Units 207 and 208 as a brewery with retail sales and tasting room. Said real estate is located at 300 Coddington Highway and further identified as tax assessors Plat 103 Lot 103 LU2.

 

This petition is continued to September 22, 2026.

 

New Summary Petition:

 

Petition ZBR-26-37 Hector Rodriguez (Owner) Brian Shull (Architect) for a Variance from 603, 903, 803(C) & 321(A) to construct a 17' X 18' two story addition with a West side setback of 12.5' where 15' is required (R-20 reduced to R-10).  Said real estate is located at 512 Green End Avenue and further identified as tax assessors Plat 114 Lot 161.

 

This matter was presented as a summary petition. After reading in the summary petition, a motion was made to approve the petition as a summary case. When the chairman opend the meeting to the public, no one expressed concerns 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 the motion was seconded by Alicia Reyes. The summary petition was approved 5-0.

 

New Petitions:

 

Petition ZBR-26-35 John Emanuel (Owner) for a Special Use from 602, 902 & 27C to obtain approval for an owner-occupied Short-Term rental.  Said real estate is located at 68 Crest Street and further identified as tax assessors Plat 116NE Lot 159 (A).

 

This petition is continued to September 22, 2026.

 

 

Petition ZBR-26-36 Ana Gasparotto (Owner) for a Special Use from 602, 902 & 27C to obtain approval for an owner-occupied Short-Term Rental.  Said real estate is located at 23 Algonquin Drive and further identified as tax assessors Plat 105 Lot 220.

 

Ana Gasparotto was present and sworn in. Mrs. Gasparotto described her petition and is seeking to have an owner-occupied short-term rental. She purchased and closed on the property in July 2026 and wants to rent out 3 bedrooms with 2 guests in each. Mrs. Gasparotto stated the home is a split-level home and she would live in the downstairs and rent the bedrooms upstairs. She further stated that she could fit about 6 vehicles in the driveway so there would be no street parking. When the chairman opened the meeting to the public, there were multiple abutters who objected. The first resident present and sworn in was Judith Sicardo, residing at 27 Algonquin Drive. Mrs. Sicardo was present to object to this petition being approved. She described the neighborhood of being a small, quiet neighborhood with a lot of traffic, which has become an ongoing concern. On street parking and no side-walks has attributed to this problem. She explained that it would affect the neighborhood by having a short-term rental causing more traffic related concerns and congestion resulting to potential safety issues. Mrs. Sicardo’s statement was marked as Exhibit A. The next resident present was Joan Witty. Mrs. Witty was sworn in. She resides at 28 Algonquin Drive and has lived there for 52 years. Mrs. Witty described the neighborhood as a quiet, residential neighborhood. Mrs. Witty expressed concern about traffic congestion which is already a problem and how a short-term rental will affect that. She stated the driveways are slanted and steep, so many people park on the street which will add to the traffic concerns. The final resident present was Kevin Mulcahey and he resides at 26 Algonquin Drive. He was sworn in. Mr. Mulcahey raised concerns about parking. The board clarified that the owner can park on the street however the ordinance does not allow for short-term rental occupants to park on the street. Mr. Mulcahey stated that when there are a lot of guests at someone’s house that many park in front of his residence which leads to more traffic congestion. Mr. Mulcahey attempted to ask other questions which were not relevant and not questions the board could answer. He ended with saying that he opposes the petition as it does not fit with the characteristics of the neighborhood. Rick Lombardi made a motion to approve. Judith Rosenthal seconded. Rebecca Rogers opposed. The motion was passed 4-1.

Reasoning for approving: Mrs. Gasparotto understands that she needs to be present on the property when she is renting as a short-term rental. She will rent out 3 rooms that can hold 2 guests each and she further understands that the max amount of people is 6 people, including children. She has enough parking to fit about 6 cars in the driveway which would accommodate the max amount of people. Mrs. Gasparotto fits the criteria under the ordinance.

Reasoning for opposing: Rebecca Rogers stated that the reason for denying was that due to the multiple neighbors present to object to this petition, granting would cause a nuisance to the neighborhood and does not fit with the characteristic of the neighborhood.

 

 

Petition ZBR-26-38 Christopher Semonelli (Owner) and Matt Leys (Attorney) for a Variance from 603 & 903 for a 5' side yard setback where 15.9' is required and height of 24' where 20' is allowed; and a Special Use from 803 & 904 to extend and alter the legally nonconforming structure.  Said real estate is located at 542 Wolcott Avenue and further identified as tax assessors Plat 122 Lot 59.

 

Attorney Matt Leys was present and sworn in. Attorney Leys described the petition and is asking to remove a nonconforming garage with a new two car garage with an ADU above it. He further described the lot to be undersized and narrow creating a hardship. Patrick Semonelli was present and sworn in. Mr. Semonelli stated that his father, Christopher Semonelli will move into the ADU and Patrick and his family will move into the house. Although the board is only considering the two-car garage, the ADU will connect to the main house. The hardship that is created is the uniqueness of the property – there are a lot of restrictions due to the narrow lot. They cannot add to the back of the property due to a pool, the propane tank and underground utilities. To be in compliance with the height requirement, they would have to reduce the height of the ceiling which would cause other concerns. Other neighbors in the neighborhood also have set backs and others have living spaces above a garage so it would be keeping with the characteristics of the neighborhood. There were three letters of support providing, including the Armstrong’s who are the closet neighbor to the setback. When the chairman opened the meeting to the public, there were no objections. The hearing was closed and Rick Lombardi made a motion to approve. Rebecca Rogers seconded. The motion was passed 5-0.

Reasoning for approving: this is the minimal relief sought. It is keeping with the current neighborhood and does not change the characteristics of the neighborhood. There is a hardship; the narrow and undersized lot and the pool, propane tank and underground utilities makes it extremely difficult to add the garage anywhere else.

 

 

Petition ZBR-26-39: 559 Wolcott LLC (Owner) and Girard Galvin (Attorney) for a Variance from 603, 701 & 903 to demolish current legal non-conforming single-family home and rebuild on same footprint with a second-floor addition resulting in 3.3’ from the Northside setback and 3.4’ from the Southside setback where 15’ is required.  Said real estate is located at 559 Wolcott Avenue and further identified as tax assessors Plat 116SE Lot 91.

 

Attorney Galvin was present and sworn in. He described the petition and is seeking a variance to demolish the current home and rebuild with the same footprint and foundation. Mark Horan was sworn in to provide further details. Mr. Horan purchased the property in 2025 and said property was previously a short-term rental by the previous owner. It is a one-story ranch single family and it is his intent to not completely demolish the home, but would be using the first-floor foundation to rebuild. Mr. Horan described making a second story on top of the first-floor foundation. It is compliant with lot coverage and height and there are no other encroachments or requests. This is the minimal relief sought for the work that needs to be done regarding renovations and updates. A letter of support was provided. When the chairman opened the meeting to the public, there were no objections. The hearing was closed and Rick Lombardi made a motion to approve. Judith Rosenthal seconded. The motion was passed 5-0.

Reasoning for approving: this is the minimal relief sought. It is keeping with the current neighborhood and does not change the characteristics of the neighborhood. There is a hardship; the current property already has a setback and there are no changes to that. The only change is increasing the height of the property, which will be 34’ which is under what the max is and does not require another variance. Currently the home looks out of place compared to other properties in the area and by renovating will increase the area. Mr. Horan was questioned about if said property will be used as a short-term rental since it is grandfathered in in which he stated he would be willing to entertain a long-term resident.

 

 

Petition ZBR-26-40 59 Aquidneck Avenue LLC (Owner) and David P Martland (Attorney) for Special Use from 602, 902 & 27 C to obtain approval for an owner-occupied Short-Term Rental.  Said real estate is located at 59 Aquidneck Avenue and further identified as tax assessors Plat 115SE Lot 169.

 

This petition was requested to be withdrawn without prejudice. Rick Lombardi made a motion to withdraw said petition. Judith Rosenthal seconded. The petition was withdrawn.

 

 

Rick Lombardi made a motion to adjourn the August 25, 2026 meeting. Judith Rosenthal seconded the motion. The motion to adjourn was approved 5-0. The meeting was adjourned at 7:11 PM.

 

 

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