ZONING BOARD OF REVIEW
Wednesday, October 25, 2023
6:00 P.M. at Town Hall
Block Island, RI 02807
MINUTES
The Town of New Shoreham Zoning Board of Review convened for a meeting on October 25, 2023, at 6:00 P.M. at Town Hall, Block Island, RI. Present were Chair Kate Atwater Butcher, Vice Chair Robert Lamoureux, Judith Cyronak, Susan Bush, First Alternate Robert Closter, Jr. and Second Alternate Mark Maguire. Absent: Steven Filippi. Also, present Town Solicitor Kerin Browning via Zoom, Stenographer Sally Brassard and Zoning Official Jennifer Brady.
Public Hearings:
1. 1167 Grace’s Cove Road, LLC. Plat 19, Lot 72-1. Fire# 1167 Grace’s Cove Road. Application by David J. Beck and Deirdre E. Beck for a Special Use Permit under Section 513(D), 306(E), 401 to convert an Accessory Residential Structure to an Accessory Dwelling Unit.
(Butcher, Bush, Cyronak, Closter, Maguire)
2. 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.
Mark Maguire was recused.
Attorney Joseph Priestley was present on behalf of the applicants.
Architectural Designer Robert Horrigan testified on behalf of the applicant.
Attorney Priestley submitted Zoning Ordinance Section 406.
Applicant’s Exhibit # 1: Zoning Board Decision Linda Jackson & Mark Maguire October 15, 2020
Applicant’s Exhibit # 2: Zoning Modification Permit dated March 13, 2017
Applicant’s Exhibit # 3: Radius Map 200 feet
Applicant’s Exhibit # 4: Zoning Plan Review
Applicant’s Exhibit # 5: Planning Board Advisory, October 20, 2023
Applicant’s Exhibit # 6: Conservation Commission Advisory, dated September 26, 2023
Applicant’s Exhibit # 7: Survey Site Development Plan, Plat 11, Lot 10-2 Atlas Land Surveying Inc.
Applicant’s Exhibit # 8: Certificate of Conformance DEM
Applicant's Exhibit # 9: Photographs 8 different elevations
Applicant's Exhibit # 10: Horrigan Plans
Applicant's Exhibit # 11: Renderings by Robert Horrigan
Applicant's Exhibit # 12: Maguire Jackson Residence Calculations Horrigan Design Builders
Ms. Butcher made a motion to close the hearing and take it under advisement, Mr. Lamoureux seconded the motion and all were in favor 5-0.
5 Ayes (Butcher, Lamoureux, Cyronak, Bush, Closter) 1 Recused (Maguire)
3. Blue Dory Resorts, Inc. Plat 6, Lot 140. Fire #61 Dodge Street. Application by Ann Law for a Variance from Section 113 for construction of a dormer to add life safety stair improvement.
At the applicant’s request, Ms. Butcher made a motion to continue the hearing to January 24, 2024. Mr. Closter seconded the motion. The motion carried 5-0.
5 Ayes (Butcher, Bush, Cyronak, Closter, Maguire)
At the end of the public hearings the Board discussed applications taken under advisement for decisions. The Board reached a preliminary consensus on each and agreed that different members would draft motions for consideration by the Board at the next meeting for each application.
Decisions:
- Kenney, Robert. Plat 6, Lot 35. #454 Ocean Avenue. Application for a Variance from Section 113(C)(1) and 313(C) for construction of a second floor onto the existing building. Section 411 Commercial/Residential Mixed Use.
Kate Butcher was recused.
Ms. Bush moved to approve to approve an Application for a Variance from Section 113(C)(1) and 313(C) for construction of a second floor onto the existing building. Section 411 Commercial/Residential Mixed Use.
The decision is based on the following findings of fact.
1. The property is identified as Assessors Plat 6, Lot 35 and is located entirely within the Service Commercial Zoning District.
2. The property has a prior existing use of Automotive Service and Repair, which was established in 1933 and prior to the adoption of the town’s Zoning Ordinance.
3. The existing automotive service building on the property is non-conforming by location and has been in the same location since it was originally constructed in 1933.
4. The Lot is a substandard lot of record, triangular in shape and has a lot area of 11,382 square feet.
5. The existing footprint is 11,382 square feet and by today’s standards, considered small lot.
6. Therefore, the hardship is due to the unique characteristics of the subject land and structure.
7. The relief the applicant seeks is not a result of prior action by the applicant and does not result primarily from the desire of the applicant to realize greater financial gain. It would more than a mere inconvenience to use the current setbacks od 25’ front, 25’sides and 50’ rear.
8. The granting of the requested Variance will not alter the general character of the neighborhood which includes two-story mixed-use buildings found in the area or impair the intent or purpose of the zoning ordinance or the Comprehensive Plan.
9. Based on the site plans and the location of the existing structure, the requested variance is the least relief necessary to remove the hardship to the applicant.
The approval is subject to the following conditions.
1. Development Plan Review approval from the Planning Board was granted. Any substantial changes as a result of that process have to reapply to the Zoning Board.
2. Obtain a water allocation certificate from Town.
3. Parking calculations must be approved by Zoning Official.
4. Survey plans must delineate Ocean Avenue as state road with a width of 30’ and show that proposed parking does not extend into state road.
Motion was seconded by Robert Lamoureux and passed with a vote of 4-0.
4 Ayes (Lamoureux, Bush, Cyronak, Closter) 1 Recused (Butcher)
- Block Island Housing Board. Plat 18, Lot 2-3. West Side Road. Application for a Special Use Permit under Section 405, Affordable Housing for construction of eight (8) duplex structures, creating a total of sixteen (16) rental units, restricted to year-round residents.
Mark Maguire was recused.
Ms. Butcher made a motion to approve an Application for a Special Use Permit under Section 405, Affordable Housing for construction of eight (8) duplex structures, creating a total of sixteen (16) rental units, restricted to year-round residents.
The decision is based on the following findings of fact.
1. The subject property is located in the New Harbor Commercial (NHC) Zone.
2. The lot is 80,097 square feet in size. 20,000 square feet is required in the NHC zone. Section 405 of the Zoning Ordinance permits for the reduction of lot sizes and the increase of residential density for affordable housing units sponsored by the Block Island Housing Board. The residential density on the parcel was calculated and provided by the town to determine the number of units permitted under section 405. The proposed development does not exceed 16 units.
3. The Applicant is not seeking any dimensional relief.
4. The proposed use is appropriate for the specific site.
5. The proposed use as developed will not adversely affect the established physical and visual pattern of land use.
6. The proposed used will not cause a nuisance or serious hazard to pedestrians or vehicles and their users.
7. The proposed uses and structures will not cause a degradation of the quality of surface or groundwater.
8. The property is adjacent to other high-density residential housing developments and will therefore be compatible with neighboring land uses
9. Adequate and appropriate infrastructure, including town sewer and water, will be provided.
10. There will be no negative impact on important natural resources and the project is environmentally sustainable as set forth in Section 405(G)(2).
11. This use is consistent with the purposes and goals of the Zoning Ordinance and objectives of the Town of New Shoreham Comprehensive Plan, in particular the housing element. The comprehensive plan stresses the need for affordable housing in the community Affordable housing is defined as “Residential Housing built or set aside for year-round habitation for sale or rent, affordable to households whose adjusted gross income is less than 140% of the area median income, adjusted for family size based on the applicable United States Department of Housing and Urban Development.
12. Concerns regarding drainage, water quality and protection, traffic and access, waste disposal, utilities, natural resources and cultural assets have been adequately addressed, and parking commensurate with projected need has been provided on-site, including the minimum of two spaces per dwelling unit.
13. The Planning Board issued a favorable advisory to the Zoning Board of Review for the proposed Special Use Permit and for Development Plan Review.
14. The proposed project will conform to Section 202 which defines Affordable Housing as: Residential housing built or set aside for year-round habitation for sale or rent, affordable to households whose adjusted gross income is less than 140% of the area median income, adjusted for family size, based on applicable United States Department of Housing and Urban Development schedules.
15. Each of the 8 buildings are to contain 2, two-bedroom units of 1066 sf per unit which does not exceed the maximum 1,200 square feet of habitable space.
This decision is subject to the following stipulations
1. Construction will be substantially in accordance with site plan and architectural plans submitted. (Applicants Exhibits 1 & 2)
2. All vehicles accessing the Property shall be parked on the Property. The applicant must provide additional parking for guest vehicles and additional expected vehicle ownership on the Property.
3. The driveway/road will be constructed in strict conformance with the plan submitted.
4. The affordable housing units are to be duly deed-restricted so as to remain permanently affordable to the extent permitted by applicable law, but in no event less than 99 years, including a suitable mechanism for monitoring the long-term affordability of the units.
Motion was made by Kate Atwater Butcher and seconded by Robert Closter, Jr.
Members Kate Atwater Butcher, Robert Lamoureux, Susan Bush and Robert Closter, Jr. voted in favor of the motion.
Motion was seconded by Robert Closter, Jr. and passed with a vote of 4-0.
4 Ayes (Butcher, Lamoureux, Bush, Closter) 1 Recused (Maguire)
Adjournment
Ms. Butcher moved to adjourn at 7:00 P.M. The motion was seconded by Ms. Bush and carried unanimously.
Respectfully submitted,
Jennifer Brady
Zoning Official