ZONING BOARD OF REVIEW
Tuesday, December 5, 2023
5:00 P.M. at Town Hall
Block Island, RI 02807
MINUTES
The Town of New Shoreham Zoning Board of Review convened for a meeting on December 5, 2023, at 5:00 P.M. at Town Hall, Block Island, RI. Present were Chair Kate Atwater Butcher, Vice Chair Robert Lamoureux, Judith Cyronak, Susan Bush, Steven Filippi, First Alternate Robert Closter, Jr. and Second Alternate Mark Maguire. Also, present Zoning Official Jennifer Brady and Town Solicitor Kerin Browning via Zoom.
1. Discuss and Act on the Zoning Board of Review’s meeting schedule for 2024
Ms. Butcher made a motion to approve the Zoning Board of Review’s meeting schedule for 2024 as follows:
Wednesday, January 24, 2024 at 6:00 P.M.
Wednesday, February 28, 2024 at 6:00 P.M.
Wednesday, March 27, 2024 at 6:00 P.M.
Wednesday, April 24, 2024 at 6:00 P.M.
Wednesday, May 22, 2024 at 6:00 P.M.
Wednesday, June 26, 2024 at 6:00 P.M.
Wednesday, July 24, 2024 at 6:00 P.M.
Wednesday, August 28, 2024 at 6:00 P.M.
Wednesday, September 25, 2024 at 6:00 P.M.
Wednesday, October 23, 2024 at 6:00 P.M.
Thursday, November 21, 2024 at 6:00 P.M.
(No scheduled meeting in December)
The agenda closes 14 business days prior to the date of the meeting.
Motion seconded by Mr. Lamoureux and the motion passed with a unanimous vote.
Applications:
1. Town of New Shoreham and BI Water Company. Plat 9, Lot 12. Fire #426 Sands Pond Lane. Application by the Block Island Water District for a Special Use Permit under Sections 113 (A)(B)(1) and a Variance from 306(C) for a two-phase project at the Water Treatment site. The first phase will be the addition of a water storage tank that will store 256,000 gallons of treated water. The second phase involves the placement of a new reverse osmosis unit in the lower level of the west side of the building and adding a dormer to the second floor.
Block Island Water Superintendent John Breunig was present on behalf of the applicant.
Ms. Butcher reviewed the Application and the Submittal Requirements under Section 703(C). The Board found that these items would not be necessary for its understanding, or evaluation of the relief being requested.
Ms. Butcher moved to grant the waivers as requested in the checklist. Motion seconded by Mr. Lamoureux and the motion passed with a vote of 5-0.
Ms. Butcher made a motion to refer the Application to the Planning Board and Conservation Commission for advisories and to schedule a Public Hearing for March 27, 2024. Motion seconded by Mr. Lamoureux and the motion passed with a vote of 5-0.
Ayes: 5 (Butcher, Lamoureux, Cyronak, Bush, Filippi) Nays: 0
2. Jennifer Phillips Trust. Plat 7, Lot 135. Fire # 373 Sunset Hill. Application for a Variance from Section 113 (C) and 307(C) for the addition of a second floor on an existing single-family dwelling.
Mark Vaillancourt was present on behalf of the applicant.
Ms. Butcher reviewed the Application and moved to schedule a Public Hearing for January 24, 2024.
Motion seconded by Mr. Lamoureux and the motion passed with a vote of 5-0.
Ayes: 5 (Butcher, Lamoureux, Cyronak, Bush, Filippi) Nays: 0
Decisions:
1. Maguire, Mark and Jackson, Linda. Plat 11, Lot 10-2. Fire # 778 Mitchell Lane. Application for a Variance from Section 306(C) for side setback relief and for a Special Use Permit under Article 3, Section 306(E); Article 4, Sections 401 and 406 to demolish an existing single-family dwelling and replace it with a larger single-family dwelling.
Motion was made by Robert Closter, Jr. to approve the Application for a Variance from Section 306(C) for side setback relief and for a Special Use Permit under Article 3, Section 306(E); Article 4, Sections 401 and 406 to demolish an existing single-family dwelling and replace it with a larger single-family dwelling.
This motion is based on the following findings of fact:
1. The proposed structure is located in the RA zone on a conforming lot of record comprising 84,434 square feet of which 21,700 is excluded.
2. The proposed building coverage for the single-family dwelling is 2.81 percent and the proposed total lot coverage is 3.88 percent.
3. The existing single-family dwelling will be razed. An existing garage and barn will remain.
4. The Single-Family Dwelling requires a Special Use Permit for a building footprint in excess of 2,000 square feet as it is over by a minimal 47 square feet.
5. The proposed development requires a Dimensional Variance pursuant to Section 306(c) for side setback relief and the proposed structure will be located within the 50’ required side setback.
6. The proposed new dwelling is in the same location as the previous house with the same number of bedrooms.
7. The sideyard setback proposed of 37.5’ is the same as the existing house.
8. Robert Horrigan, architect and builder for the project, testified that the applicant looked to renovate the existing house but Horrigan Builders deemed the house was beyond repairable. Horrigan was challenged by the owner to design a new house that had the same small charm that was traditional and consistent with the surrounding neighborhood.
9. He further testified that the site was extremely restrictive due to the unique characteristics of the subject land in relation to the steep topography, river, riverbank, wetland, while using the existing well and OWTS.
10. The proposed dwelling is below the maximum massing and size thresholds in Article 5 Performance Standards; for Residential Structures in the RA and RB Zones (See Section 514) of the Zoning Ordinance.
11. The Planning Board and Conservation Commission issued favorable advisories for the project.
12. The Planning Board did note they felt the plan did not meet the standards of Section 406(G4) regarding elevated decks. The Zoning Board agreed with the applicant that the submitted plans met the standards of 406(G4). The Zoning Board concluded that the decks did not exceed 1,200sq ft, they are set into the roof of the house so the roofs extend beyond them, and the decks are not freestanding, cantilevered, or elevated above the first floor.
13. The use is consistent with the purpose of this Zoning Ordinance, the purpose of the zoning district, in which the use is proposed, and the goals and objectives of New Shoreham’s Comprehensive Plan, as amended, the Old Harbor Plan, as amended, or any other adopted Town Plan.
14. The Board finds that the Special Use Permit could not exist without a Dimensional Variance.
15. The proposed use or structure is appropriate for the specific site and is compatible with adjacent buildings in form, placement, and design. The design and layout of buildings and other proposed structures shall be related harmoniously to the terrain and to existing buildings in the vicinity. The scale, height, bulk and proportions of the proposed buildings, their design, including roof style, facade openings, architectural style and detailing and building materials, shall be visually and dimensionally compatible with the surrounding area.
16. The proposed use as developed will not adversely affect the established physical and visual pattern of land use and will not have negative effects on Island and neighborhood character. The landscape shall be developed in such a manner as to be in keeping with the character of the surrounding neighborhoods and in accordance with good development practice by minimizing vegetation and soil removal, retaining existing vegetation where desirable, and keeping any grade changes in character with the general appearance of neighboring areas.
17. The proposed use or structure will not cause a nuisance or serious hazard to pedestrians or landward and seaward vehicles and their users.
18. Adequate and appropriate infrastructure facilities, including but not limited to sewage disposal and drainage, will be provided to assure the proper operation of the proposed use or structure.
19. There will not be significant negative impact on important natural resources, including but not limited to habitats or species listed as endangered, threatened or of special concern to the Rhode Island Natural Heritage Program, or on historic or archeological resources identified in the Comprehensive Plan or a document referenced therein.
20. To the degree reasonably possible, dependency on individual motor vehicles for access by users shall be reduced through site selection, development design and facilities, and proposed operations.
21. The proposed uses and structures will not cause a degradation of the quality of surface or groundwater.
22. The construction of the residential structure does not require a variance for any dimensional standard including lot building coverage, lot coverage or building height, with the exception of a variance for a yard setback as recommended by the Planning Board to provide for more appropriate siting of the structure on the lot.
23. The hardship from which the applicant seeks relief is due to the unique characteristics of the subject land or structure and not to the general characteristics of the surrounding area; and is not due to a physical or economic disability of the applicant.
24. 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.
25. The variance granted is the least relief necessary to remove the hardship to the applicant.
26. The hardship that will be suffered by the owner of the subject property, if the dimensional variance is not granted, amounts to more than a mere inconvenience.
Motion was seconded by Kate Atwater Butcher. Members Kate Atwater Butcher, Robert Lamoureux, Susan Bush, Judith Cyronak and Robert Closter, Jr. voted in favor of the motion.
Ayes: 5 (Butcher, Lamoureux, Bush, Cyronak, Closter)
Approval of Minutes
Ms. Butcher moved to approve the minutes from October 25, 2023. The motion was seconded by Ms. Bush and carried unanimously.
Adjournment
Ms. Butcher moved to adjourn at 5.40 P.M. The motion was seconded by Ms. Bush and carried unanimously.
Respectfully submitted,
Jennifer Brady
Zoning Official
Town of New Shoreham