THE ZONING BOARD OF REVIEW

Wednesday, February 5, 2020

5:00 P.M. @ Town Hall, Old Town Road

Block Island, RI

MINUTES

The Town of New Shoreham Board of Review convened for a meeting at 5:00 pm at Town Hall, Old Town Road on Wednesday, February 5, 2020.

Present were Elizabeth Connor, Kate Atwater Butcher, Judith Cyronak, First Alternate Josh Redd and Second Alternate Keith Stover. Absent were Susan Bush and Robert Lamoureux. Also present were Town Solicitor William Landry and Jennifer Brady LUAO.

Decisions:

1. Mott, Peter and Marea. Plat 15, Lot 91. Fire # 1013, West Side Road. Appeal of a Notice of Violation & Cease and Desist dated August 23, 2019 issued by the Building Official.

Ms. Butcher moved to deny the appeal by Peter and Marea Mott and uphold the Notice of Violation & Cease and Desist dated August 23, 2019 issued by the Building Official.

Based on the unrebutted testimony of the Building Official as to conditions in effect as of August 23, 2019:

I find that the Appellants have violated the Zoning Ordinance of the Town of New Shoreham, Section 111, General Prohibitions, number 1, (b), which states, No person shall deposit, store, keep or permit to be deposited, stored or kept outside of a building or structure upon private property more than two (2) dismantled, junked or abandoned vehicles, unserviceable vehicles, or vehicles legally or physically incapable of being operated or vehicles that do not display, if required by state law, a current safety inspection certificate on the windshield. Photographic evidence provided by the Building Official showed they have deposited on their property twenty- three (23) dismantled, junked vehicles or abandoned vehicles that do not display current safety inspection certificates on the windshield.

I find that the Appellants have violated the Zoning Ordinance of the Town of New Shoreham, Section 111, General Prohibitions, number 12, Junkyards, as they have created a junkyard on the property by depositing junk and debris, including but not limited to, automobile batteries, used tires, used automobile parts, marine outboard motors, pieces of metal, old boats, wood pallets and old lawn mowers.

I find that the Appellants have violated the Zoning Ordinance of the Town of New Shoreham, Section 306, Residential A (RA) Zone, as they admitted to operating an Automotive Service and Repair business on the property.

I find that the Appellants have violated the Rhode Island State Building Code section 23-27.3- 113.1 in that they have constructed an accessory structure, a six foot, six inch (6’ x 6”) by twenty-four foot (24’) horse shelter on your property without the required building permit.

Motion was seconded by Josh Redd with a 5-0 vote.

Members Elizabeth Connor, Kate Butcher, Robert Lamoureux, Judith Cyronak and Joshua Redd voted in favor of the motion.

2. Overlook Realty, LLC. Plat 19, Lot 3. Fire # 74, West Side Road. Application for a Special Use Permit under 401(A) and 408(A) (INN) and for a Variance from Sections Section 312 (C) and (D) for construction of five additional rooms for employee housing in the lower level (basement) of the Overlook.

Ms. Connor moved to approve the application by Overlook Realty, LLC. Plat 19, Lot 3. Fire # 74, West Side Road for a Special Use Permit under 401(A) and 408(A) (INN) for a Variance from Sections Section 312 (C) and (D) for construction of up to five additional rooms in the lower level (basement) of the Overlook and for a variance of 2.8 feet from the rear boundary line.

This decision is based on the following findings of fact:

1. The lot is located in the New Harbor Commercial Zone.

2. The applicant testified that the building is currently utilized for employee housing and it is their intention to utilize the new Inn rooms for employee housing.

3. The Town of New Shoreham does not currently define Employee Housing as a separate use in the Zoning Ordinance. Employee Housing is currently considered as an Inn Use by the Town of New Shoreham. An Inn use is permitted by special use permit in the New Harbor Commercial Zone.

4. The property currently has a pre-existing, non-conforming Motel Use that was approved with specific restrictions by special use permit (then called “special exception”) by the New Shoreham Zoning Board of Review on March 27, 1984, with respect to which the applicant effectively seeks modification, as explained in the project narrative included with the application.

5. The applicant testified that there would be no changes to the footprint of the building or to any of the rooms currently approved in the March 27, 1984 Zoning Decision approval for a Motel Use.

6. As currently built, the building requires a dimensional variance of 2.2 feet from the rear boundary line in that a 22.8’ rear setback exists as opposed to the required 25’, which existing nonconformance is not proposed to be increased.

7. There are favorable advisories from the Planning Board and the Conservation Commission.

8. The property meets all of the required parking standards.

9. The requested use variance under Sections 312(C) and (D) of the Zoning Ordinance is not necessary in view of the fact that an Inn is a special permit use in the New Harbor Commercial Zone.

10. With respect to the requested special use permit for an Inn, and corresponding modification of the aforesaid March 27, 1984 Zoning Board Decision, the special use permit criteria are satisfied in accordance with Section 401 of the Zoning Ordinance in that the proposed use,

(a) is a conditionally permitted use in the underlying zone and appropriate for the specific site and area, and the building is pre-existing;

(b) will not adversely affect the established physical and visual pattern of land use and not have negative effects on Island and neighborhood character;

(d) has adequate and appropriate infrastructure facilities;

(e) will not have a significant negative impact on important natural resources;

(f) will be supportive of the goals and objectives of the Comprehensive Plan to promote employee housing;

(g) is consistent with the purpose of the Zoning Ordinance and the purpose of the underlying zoning district;

(h) will not unreasonably increase dependency on motor vehicles; and

(i) will not cause a degradation of the quality of surface or groundwater.

11. As aforesaid, the requested dimensional variance involves an existing lawfully nonconforming condition that will not be exacerbated by the proposed use, and (a) is due to the unique characteristics of the structure and not the general characteristics of the surrounding area; (b) is not the result of any prior action by the applicant and does not result primarily from the desire of the applicant to realize greater financial gain; (c) will not alter

the general character of the surrounding area or impair the intent or purpose of the Zoning Ordinance or the Comprehensive Plan; and (d) is the least relief necessary to remove the hardship to the applicant.

This decision is subject to the following stipulations:

1. The renovations shall be substantially in conformance with the site plan Applicant’s Exhibit #4 and with the floor plans Applicant’s Exhibit #5.

2. The ordinance specifically requires that an Inn use have a lobby area. The applicants shall have a designated common area to be utilized as a lobby in addition to the hallway areas.

3. As per the ordinance, there shall be no cooking permitted in the individual rooms.

4. All minimum housing and State Fire Marshall requirements must be complied with at all times.

Motion was made by Elizabeth Connor, and seconded by Susan Bush with a 5-0 vote.

Members Elizabeth Connor, Robert Lamoureux, Judith Cyronak, Joshua Redd and Susan Bush voted in favor of the motion.

Ms. Connor moved to adjourn at 5:20 p.m. Mr. Stover seconded the motion. The motion passed with a vote of 6-0.

Respectfully submitted,

Jennifer Brady

Land Use Administrative Officer

Town of New Shoreham