Summary Petition – Continued from May 26, 2026

Petition ZBR-26-18: Brian Blanchard (Owner) and Daniel Herchenroether (Architect) for a Variance from 604 Conservation District Dimensional Regulations, 903 & 321 (A) to construct a 2nd floor addition located 25.5 feet from the rear (Western) property line where 30 feet is required.  Said real estate is located at 11 Julia Court and further identified as tax assessor Plat 114 Lot 106-F. The petition of Brian Blanchard (Owner) and Daniel Herchenroether (Architect) for a Variance from 604 Conservation District Dimensional Regulations, 903 & 321 (A) to construct a 2nd floor addition located 25.5 feet from the rear (Western) property line where 30 feet is required. Mr. Haynes and Daniel Herchenroether (Architect) were present to speak on this petition. As a summary case the board has the option to vote on the single variance requested rather than holding a full hearing. The chairman queried the board to see if they would like a full hearing on this petition; they did not. The chairman then opened the meeting to the public, no one present spoke out against the petition being voted on as a summary hearing. After closing the hearing, a motion was made by Rick Lombardi to approve and Chris Lowe second to approve the petition. The petition passed 4-0.

Petitions– Continued from May 26, 2026

Petition ZBR-26-15: Michael Powell (Owner) and Daniel Herchenroether (Architect) for a Variance from 604 & 903 to construct a sunroom addition located 25.5 feet from the rear (Southeastern) property line where 30 feet is required and 26.40% lot coverage where 25.00% is allowed. Said real estate is located at 8 Julia Court and further identified as tax assessors Plat 114 Lot 106-I. The petition of Michael Powell (Owner) and Daniel Herchenroether (Architect) for a Variance from 604 & 903 to construct a sunroom addition located 25.5 feet from the rear (Southeastern) property line where 30 feet is required and 26.40% lot coverage where 25.00% is allowed. Mr. Michael Powell (Owner) and Daniel Herchenroether (Architect) were present to speak on their petition. Mr. Herchenroether spoke on behalf of Mr. Powell petition for the new construction. Mr. Herchenroether explained the new sun room was to add more living space to the Powell residence. The board inquired about the 1,4% additional lot coverage. Mr. Herchenroether explained the lot is bounded by open space which buffers the lot from adjacent commercial property and adequately address the storm water runoff concerns of the board. 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 Chris Lowe. Following a discussion among the board members the board voted 4-0 to approve the petition. The reasons given for approval are:

1.      That the hardship petitioner faces are not the result of any prior action of petitioner;

2.      That the motivation for the petition is to construct a sun room to provide additional living space;

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.

Petition ZBR-26-20: James Cahill (Owner) for a Special Use from 602, 902 & 27C to obtain approval for an owner-occupied Short-Term rental (STR).  Said real estate is located at 281 Green End Avenue and further identified as tax assessors Plat 114 Lot 98. The petition of James Cahill (Owner) for a Special Use from 602, 902 & 27C to obtain approval for an owner-occupied Short-Term rental.  Mr. James Cahill (Owner) explained his petition for a STR to the board. Mr. Cahill explained that he will comply with the town’s updated ordinance on STR. Mr. Cahill stated he is aware of the Owner occupied and off-road parking requirements in the updated ordinance. His STR petition is in compliance with the ordinance. 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 Joseph Markey. Following a discussion among the board members the board voted 4-0 to approve the petition. The reasons given for approval are:

1.    That the special use will not result in the diminution of property values;

2.    will not create a nuisance;

3.    will not alter the general characteristics of the surrounding area;

4.    will not result in hazardous conditions or conditions inimical to the public health, safety, or welfare.

Petition ZBR-26-21: Myra Jenkins (Owner) for Variance 603, 903 and 321 (A) to construct an 8' X 10' front deck with a 35' setback where 40' is required.  Said real estate is located at 671 Green End Avenue and further identified as tax assessors Plat 120 Lot 803. The petition of Myra Jenkins (Owner) for Variance 603, 903 and 321 (A) to construct an 8' X 10' front deck with a 35' setback where 40' is required. Ms. Jenkins was present to speak on her petition. As a summary case the board has the option to vote on the single variance requested rather than holding a full hearing. The chairman queried the board to see if they would like a full hearing on this petition; they did not. The chairman then opened the meeting to the public, no one present spoke out against the petition being voted on as a summary hearing. After closing the hearing, a motion was made by Rick Lombardi to approve and Joseph Markey second to approve the petition. The petition passed 4-0.

New Summary Petition –

Petition ZBR-26-24: Chris Rospenda (Owner) for a Variance from 603, 903, and 321 (A) to construct new front entry and stairs resulting in 17.8 feet where 20.7 feet is allowed.  Said real estate is located at 184 Reservoir Road and further identified as tax assessors Plat 121 NW Lot 21. The petition of Chris Rospenda (Owner) for a Variance from 603, 903, and 321 (A) to construct new front entry and stairs resulting in 17.8 feet where 20.7 feet is allowed.  Mr. Rospenda was present to speak on this petition. As a summary case the board has the option to vote on the single variance requested rather than holding a full hearing. The chairman queried the board to see if they would like a full hearing on this petition; they did not. The chairman then opened the meeting to the public, no one present spoke out against the petition being voted on as a summary hearing. After closing the hearing, a motion was made by Rick Lombardi to approve and Chris Lowe second to approve the petition. The petition passed 4-0.

New Petitions –

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. This petition was continued to the July 28, 2026 meeting.

Petition ZBR-26-25: Lynne Chevoya (Owner) Gary Mendoza (Applicant) for a Variance from 603 & 903 and Special Use from 902 &803 to add a 20'X3.5' staircase addition and two and half stories on existing dwelling, resulting in a 4.5' east side setback where 15' required and a 15' front where 25' allowed. Said real estate is located at 254 Purgatory Road and further identified as tax assessors Plat 116 NE Plat 5101. The petition of Lynne Chevoya (Owner) Gary Mendoza (Applicant) for a Variance from 603 & 903 and Special Use from 902 &803 to add a 20'X3.5' staircase addition and two and half stories on existing dwelling, resulting in a 4.5' east side setback where 15' required and a 15' front where 25' allowed. Mr. Gary Mendoza (Applicant) was present to explain their petition. Mr. Mendoza explained the current residence is undersized for his family. Eventually, it’s the Mendoza’s goal to live year-round in the proposed structure, the building is already non-conforming and they are planning to build within the existing footprint. When the Chairman opened the meeting to the public, a direct abutter,  (a woman and her daughter) spoke out against the petition. They voiced concern over the over-building in the area and objected to the size of the new structure. They felt that it would affect the privacy of neighbors. After closing the hearing, a motion was made to approve the petition by Rick Lombardi and second by Joseph Markey. There were additional concerns made by one board member. The board voted 3-1 to approve the petition. The reasons given for approval are:

1.      That the special use will not result in the diminution of property values;

2.    will not create a nuisance;

3.    is not detrimental nor will it injure the proper use of the property;

4.    will not result in hazardous conditions or conditions inimical to the public health, safety, or welfare.

Petition ZBR-26-26 Josh & Tina Recupero (Owners) for a Variance from (603) to reconstruct a 12'X24' deck. Said real estate is located at 21 Gosset's Turn Drive and further identified as tax assessors Plat 105 Lot 606. The petition of Josh & Tina Recupero (Owners) for a Variance from (603) to reconstruct a 12'X24' deck. The Recupero’s were present to speak on their behalf. The Recupero’s explained their petition to renovate their deck. They want to add additional outdoor living space by upgrading an existing deck. 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 Joseph Markey. Following a discussion among the board members the board voted 4-0 to approve the petition. The reasons given for approval are:

1.      That the hardship petitioner faces are not the result of any prior action of petitioner;

2.      That the motivation for the petition is to construct a deck to provide additional outdoor living space;

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.

Petition ZBR-26-27 Stephen & Leslie Spengler (Owners) for a Special Use from 602 & 902 to obtain approval for an owner-occupied Short-Term Rental.  Said real estate is located at 499 Aquidneck Avenue and further identified as tax assessors Plat 120 Lot 43. The petition of Stephen & Leslie Spengler (Owners) for a Special Use from 602, 902 to obtain approval for an owner-occupied Short-Term rental.  Mr.  Mrs. Spangler 6explained their petition for a STR to the board. The Spangler’s explained that they will comply with the town’s updated ordinance on STR. They stated that they are aware of the owner occupied and off-road parking requirements in the updated ordinance. Their STR petition is in compliance with the ordinance. When the chairman opened the meeting to the public, one abutter (Mr. & Mrs, Joe Souza) spoke out against the petition. The Souza’s voiced concern over parking and safety due to the shared driveway and limited parking. The Spangler’s agreed to limit rental parking to the parking pad they had installed. They also agree to working off-line with the Souza’s on insurance/liability concerns (outside the purview of this board). After closing the hearing, a motion was made to approve the petition. Rick Lombardi made the motion and it was second by Joseph Markey. Following a discussion among the board members the board voted 4-0 to approve the petition. The reasons given for approval are:

1.    That the special use will not result in the diminution of property values;

2.    will not create a nuisance;

3.    will not alter the general characteristics of the surrounding area;

4.    will not result in hazardous conditions or conditions inimical to the public health, safety, or welfare.

Petition ZBR-26-28 Teresa Cunha (Owner) for a Variance from 603 & 903 to install a 16'X12' shed 5.5' where 20' is required.  Said real estate is located at 67 Blue Grass Drive and further identified as tax assessors Plat 112 Lot 510. The petition of Teresa Cunha (Owner) for a Variance from 603 & 903 to install a 16'X12' shed 5.5' where 20' is required.   Ms. Cunha explained the shed was needed to add additional storage space. In addition to storage the shed she is requesting will provide work space for gardening and yard work. 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 by Rick Lombardi and second by Joseph Markey. There was no additional discussion among the board members. The board voted 4-0 to approve the petition. The reasons given for approval are:

1.    The motivation for the petition is to build an extension to add greater work space to the shed;

2.    That the hardship wasn’t the result of any prior actions on their part;

3.    That the granting of this accommodation will not alter the general character of the surrounding area.

4.    That the hardship suffered by the petitioner amounts to more than a mere inconvenience.

Chris Rowe made a motion to adjourn the June 23, 2026 meeting. Joseph Markey second the motion. The motion was approved 4-0. The meeting was adjourned at 7:35 pm.

To follow along with each NEW petition on your cell phone or tablet:

1.      Scan the QR Code next to the petition of interest.

2.      Click ‘File’ to view any uploaded images of the project or correspondence.

3.      Click ‘Version’ to view the file (it is below the blue button that says download).

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

POSTED: June 2, 2026

* 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.