THE ZONING BOARD OF REVIEW Wednesday, January 22, 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, January 22, 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.
Ms. Connor moved to approve the Annual Meeting Schedule for 2020. Motion seconded by Ms. Butcher and the motion passed unanimously. Connor, Butcher, Cyronak, Stover and Redd voted in favor.
Thursday, March 19, 2020 @ 6:00pm
Wednesday, April 22, 2020 @ 5:00pm
Wednesday, May 27, 2020 @ 5:00pm
Wednesday, June 24, 2020 @ 6:00pm
Wednesday, July 22, 2020 @ 6:00pm
Wednesday, August 26, 2020 @ 6:00pm
Wednesday, September 23, 2020 @ 5:00pm
Wednesday, October 28, 2020 @ 5:00pm
Thursday, November 19, 2020 @ 5:00pm (No scheduled meeting in December)
Election of Officers
Ms. Butcher made a motion to nominate Elizabeth Connor as Chair of the Zoning Board. Motion was seconded by Mr. Stover and the motion passed with a vote of 5-0. Connor, Butcher, Cyronak, Stover and Redd voted in favor.
Ms. Connor made a motion to nominate Kate Butcher as Vice Chair of the Zoning Board. Motion was seconded by Mr. Stover and the motion passed with a vote of 5-0. Connor, Butcher, Cyronak, Stover and Redd voted in favor.
Applications:
1. Gelsomini, Nick and Pamela. Plat 4, Lot 63. Fire # 617 Off Corn Neck Road. Application for a Special Use Permit under Sections 306 (E) and 406 to demolish an existing single family dwelling and construct a single family dwelling, accessory residential structure, spa and in-ground pool. The single family dwelling exceeds the square footage and cubic feet limits set forth in Section 306 (E).
At the request of Attorney Priestley, the board took no action.
2. BI Harbor View Partners II, LLC. Plat 4, Lot 29. Fire # 638 Corn Neck Road. Application for a Variance from Sections 113(C) and 306(C) to demolish existing kitchen and construction an addition of 32’ x 40’ on the east side of the original structure.
Attorney Nicholas Gorham was present on behalf of BI Harbor View Partners II, LLC. Ms. Connor reviewed the application and noted that the site plan submitted was a class III survey. After a discussion, it was recommended that the applicant submit a class I survey prior to the public hearing.
Discussion ensued regarding the least relief necessary and the possibility of moving the proposed addition into a more conforming area and/or rotating the structure 90 degrees.
Ms. Connor moved to schedule a Public Hearing for March 19, 2020. . Motion seconded by Ms. Butcher and the motion passed with a vote of 5-0. Connor, Butcher, Cyronak, Stover and Redd voted in favor.
3. 54 Dodge Street Block Island OpCo, LLC. Plat 6, Lot 123. Off Dodge Street. Application for a Special Use Permit under Sections 311 (E) and 408 to construct an Inn for employee housing and relocate a single family dwelling to this lot.
Elizabeth Connor recused from 54 Dodge Street Block Island OpCo, LLC
Attorney Joseph Priestley was present on behalf of 54 Dodge Street Block Island OpCo, LLC
The Board reviewed the Application and the Submittal Requirements under Section 703(C). Ms. Butcher moved to grant the waivers as requested in the checklist. The Board found that these items would not be necessary for its understanding, or evaluation of the relief being requested. Motion seconded by Mr. Stover and passed with a vote of 4-0. Butcher, Cyronak, Stover and Redd voted in favor.
Ms. Butcher moved to refer the Application to the Planning Board, Historic District Commission and Conservation Commission for advisories and to schedule a Public Hearing for April 22, 2020. Motion seconded by Ms. Bush and the motion passed with a vote of 4-0. Butcher, Cyronak, Stover and Redd voted in favor.
4. Murray, William and Aliia. Plat 6, Lot 60. Fire # 479 Old Town Road. Application for a Variance from Sections 113 (C) and 307(C) for the construction of 48 square feet to an existing garage.
William Murray was present as the owner.
Ms. Connor moved to schedule a Public Hearing for March 19, 2020. . Motion seconded by Ms. Butcher and the motion passed with a vote of 5-0. Connor, Butcher, Cyronak, Stover and Redd voted in favor.
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.
Due to a lack of a quorum, no decision was rendered.
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.
Due to a lack of a quorum, no decision was rendered.
3. Starr, Champlin. Plat 5, Lot 106. Fire # 581 Beach Avenue. Application for a Variance from Section 310(C) for construction of stairs to a dock.
Mr. Stover made a motion to approve the Application of C. Champlin Starr, Plat 5, Lot 106, for a Variance from the minimum setback requirements in section 310(C) of the Town of New Shoreham Zoning Ordinance for the construction of stairs to an existing dock.
This decision is based on the following findings of fact:
1. The property is located in the Mixed Use Zone (M);
2. The existing dock and proposed stairs are located at the rear of the property, facing Northwest;
3. A portion of the proposed stairway is located in an area that requires review and approval by the Coastal Resources Management Council (CRMC);
4. The Applicant testified that the design is consistent with CRMC guidelines;
5. The Applicant is requesting relief of 40 feet from rear setback standards;
6. Based on existing steep grade conditions as described by the Applicant and shown on the proposed plan, there exists a hardship condition that is more than a mere inconvenience, and that is due to the unique characteristics of the subject land and not to the general characteristics of the surrounding area. It is also not due to a physical or economic disability of the applicant.
7. The hardship sought to be avoided 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, but to provide for safe, low impact access to an existing dock.
8. The requested variance will not alter the general character of the surrounding area or impair the intent or purpose of the Zoning Ordinance or the Comprehensive Plan upon which the Ordinance is based;
9. The applicant testified, and the Board also finds, that the proposed stair location and design requires the least possible amount of relief necessary to remove the hardship;
10. The stairs will provide safe access to the existing dock and limit erosion and ongoing impacts to vegetation on the property’s rear yard;
The approval is subject to the following stipulations:
1. The stairs must be constructed in a manner and location consistent with the plan submitted by the Applicant;
2. The project must receive approval from the Rhode Island Coastal Resources Management Council.
Motion was seconded by Kate Butcher with a 5-0 vote.
Members Elizabeth Connor, Kate Butcher, Judith Cyronak, Joshua Redd and Keith Stover voted in favor of the
motion.
Approval of minutes
Ms. Connor moved to approve the minutes of November 21, 2019. Ms. Butcher seconded the motion. The motion passed with a vote of 5-0.
Ms. Connor moved to adjourn at 6:05 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