ZONING BOARD OF REVIEW
Special Meeting
Wednesday, July 19, 2023
5:30 P.M. at Town Hall
Block Island, RI 02807
MINUTES
The Town of New Shoreham Zoning Board of Review convened for a special meeting on July 19, 2023, at 16 Old Town Road, Town Hall, Block Island, RI.
Present were Vice Chair Robert Lamoureux, Steven Filippi, Susan Bush, and Mark Maguire.
Decisions:
1. Fab Five, LLC. Plat 3, Lot 86-1. Fire # 1181 Corn Neck Road. Application for a Special Use Permit under Sections 306 and 406 to demolish an existing single-family dwelling and rebuild a single-family dwelling and an accessory structure.
Mr. Maguire to approve an Application for a Special Use Permit under Sections 306 and 406 to demolish an existing single-family dwelling and rebuild a single-family dwelling and an accessory structure. Sections 406(B) to construct a Primary Dwelling Unit that exceeds the “by right” limits in Building Footprint, Living Floor Area, Gross Area, and Building Volume, thereby requiring a Special Use Permit.
This motion is based on the following findings of fact.
1. The Applicant is proposing a Primary Dwelling Structure at property located at 1181 Corn Neck Road, Flat 3, Lot 88-1 (the lot of record) in the RA zone.
2. Ordinance Section 406B requires a Special Use Permit for Primary Dwelling Structure located in the RA Zoning District that exceeds the following limits: Building Footprint – 2000sf; Living Area – 4000sf; Gross Area – 5000sf; and Building Volume – 45,000sf.
3. The proposed structure exceeds these limits.
4. The lot of record comprises 331,862 square feet of gross lot area of which 229,288 square feet is developable.
5. The existing Primary Dwelling Structure will be razed. An existing Garage will remain.
6. Three new structures with the following Building Footprints are proposed: Primary Dwelling Structure (2866sf), a new Accessory Structure (a Guest House, 898.2sf) and a new Cabana (293.6sf). The new Primary Dwelling Structure will have the following: Living Area – 4337sf; Gross Area – 6371sf; and Building Volume – 48,791sf.
7. These are all below the maximum thresholds in Section 514 of the Zoning Ordinance and no Variances are requested per section 406(G) of the Zoning Ordinance.
8. The proposed total lot building coverage is 1.99% and the proposed total lot coverage is 2.05%.
9. The Planning Board issued a favorable advisory for this project on June 22, 2023, that the proposed structures are consistent with the New Shoreham Comprehensive Plan and meets requirements of Section 501 of the Development Plan Review Standards.
10. The Planning Board did note that the “second story deck . . . does not meet the standards of Section 406[G4]” of the Zoning Ordinance. The Zoning Board has concluded that conforming with this section of the ordinance would result in awkward structure that would not conform harmoniously with the surrounding character, and therefore waives requirements of Section 406(G4). Based on this, the Zoning Board finds that the applicant should maintain the second story deck plans dated May 26, 2023, as submitted to the Planning and Zoning Boards. We make this decision with the authority granted the Zoning Board in Sections 401(A1) to determine that the proposed structure relates “harmoniously . . . to the existing buildings in the vicinity” and “is visually . . . compatible with the surrounding area”; and 406(A) and (E3) “to ensure that new residential development is designed and sited in a way that complements, and does not detract from island's natural, historic, cultural and scenic character, the preservation of which is to the benefit of all residents and visitors.”
11. The proposed Principal Dwelling Structure and Accessory Structures are appropriate for the specific site and are compatible with adjacent buildings in form, placement, and design.
12. The design and layout of buildings and other proposed structures are 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, are visually and dimensionally compatible with the surrounding area.
13. The proposed use will not adversely affect the established physical and visual pattern of land use and will not have negative effects on Island and neighborhood character.
14. The proposed landscape plan is 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. The proposed structures maintain provides scenic vistas for surrounding areas and special attempts have been proposed to preserve the natural environment.
15. The proposed use or structure will not cause a nuisance or serious hazard to pedestrians or landward and seaward vehicles and their users.
16. Adequate and appropriate infrastructure facilities are included in the proposal.
17. The proposed structures will not have a significant negative impact on important natural resources.
18. The proposed use of the structures does not involve employment.
19. 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.
20. The proposed dependency on motor vehicles is limited.
21. The proposed uses and structures will not cause a degradation of the quality of surface or groundwater. DEM OWTS permits have been granted for the proposed site and structures.
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.
23. All performance standards contained in § 514, Residential Structures, in the RA and RB Zones, are met.
24. The proposed structure is not greater than 3000 square feet in building footprint.
25. Regarding the elevated deck, as discussed in paragraph 10 above, the Zoning Board has determined that the proposed “non-conforming” deck is appropriate for the reasons cited. The elevated deck does not exceed 1200 square feet.
The approval is subject to the following stipulations:
1. All construction must be built in strict conformance with the plans presented to the Zoning Board of Review as Applicant’s Exhibit # 1, 2 and 4.
2. The elevated deck shall be constructed substantially in accordance with the plans submitted in Applicant’s Exhibit #5.
Motion was seconded by Susan Bush. Members Robert Lamoureux, Susan Bush, Steven Filippi and Mark Maguire voted in favor of the motion.
Ayes: 4 (Lamoureux, Bush, Filippi, Maguire) Nays: 0
Mr. Lamoureux made a motion 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