1.)        Call to Order

A motion was made by C. Davis, seconded by S. Carney to open the meeting at 7:21 p.m. All ayes.

Chair Rinaldi, stated that Sean McIntyre has resigned because he moved out of state. He thanked him for his five years of service for his time and efforts with the Zoning Board and with the Town.

2.)        Introduction of New Members

Chair Rinaldi also introduced two new members Jeffrey Vaillancourt, and Benjamin King to the Zoning Board and thanked them for volunteering.

3.)        Approval of Minutes

A motion was made by S. Carney, seconded by C. Davis to approve the minutes of February 27, 2017 as written. All ayes.

4.)        Public Hearings

Petition of Heidi and Brian Edwards, 289 Arcadia Road, Richmond, RI 02832 requesting a special use permit to create a 720-square-foot accessory dwelling unit in an R-3 zoning district, pursuant to  Sections 18.36.040 and 18.52.060 of the zoning ordinance.  Premises located at 289 Arcadia Road, Richmond, Rhode Island, AP 2B Lot 5-4.

A motion was made by S. Carney, seconded by C. Davis to open the public hearing. All ayes.

Heidi Edwards and Brian Edwards represented themselves. Mary-Ellen Hall placed them under oath.  H. Edwards explained that they purchased their home on 289 Arcadia Road, in 2012.  The house was listed with in-law apartment. She stated that when the house was purchased the in-law apartment was existing with a bedroom, bathroom and kitchen.

Earlier in the year they had hired a contractor to make that specific space handicapped-accessible for her father.  The contractor went to the Building Department to pull the appropriate permits to begin construction. When reviewing the applications and plans it was determined that the in-law apartment within the home was considered illegal. Her goal is to make the in-law apartment legal, and to renovate as handicap accessible. 

The septic system on record is for five (5) bedrooms, the house currently has four (4) bedrooms, including the bedroom in the accessory apartment.

Chair Rinaldi asked if the accessory apartment is attached to the house.

H. Edwards said the apartment is attached to the house and located above the garage.  It is seven-hundred and twenty (720) square feet in floor area. 

C. Davis questioned how many acres were on the property.  H. Edwards answered 4.25 acres.

Chair Rinaldi asked when the building permit was submitted if the Building Department made reference to anything else regarding lot coverage restrictions, requirements for dimensional setbacks, and other questions to be sure the lot was in compliance with zoning.

H. Edwards stated that the property has been surveyed with accurate setbacks by Al DiOrio.  She submitted a full-size copy of the survey as an exhibit.

Exhibit A -- Plan of Limited Content Boundary Survey Prepared for Brian Hoxsie Living Trust, Assessor’s Plat 2B, Parcel 5-4, 289 Arcadia Road, Richmond, Rhode Island. Prepared by Alfred W. DiOrio, RLS, Inc.

Chair Rinaldi asked the applicants to state the front, rear, and side setbacks for the property.

Chair Rinaldi asked the applicants to describe the characteristics of the home.

H. Edwards explained the home is a single family colonial home. There is an attached garage with a breezeway connecting to the home.

Exhibit B -- Property Flyer of 289 Arcadia Road, showing detailed pictures of the home.

Chair Rinaldi asked if there was a diagram showing the accessory dwelling unit.  H. Edwards submitted the plans for the proposed modifications to the space.

Exhibit C -- 24”x36” plan of modifications to existing dwelling showing floor plan, elevations, section & notes

Chair Rinaldi asked the applicants to describe the characteristics of the accessory dwelling unit, and entrances.

H. Edwards stated the main room is a combination of a kitchen and living area.  There is one bedroom, with a bathroom off of it.  There is an entrance through the garage, and there will be two exits out to the deck, one being from the kitchen/living room, and another from the bedroom.  The deck goes to the ground accompanied by stairs and there will be a wheelchair platform installed with a lift.

Chair Rinaldi asked if there were any other structures on the property and if there were any additional structures such as mobile homes.

H. Edwards stated there is a chicken coop, a shed, and three individual 12x12 horse barns.  There are not any other homes or mobile homes on the property.

A discussion ensued of more detailed descriptions of the home itself, about the square footage, above grade rooms, bathroom, and bedrooms which also related to the tax assessor’s property card.  The breakdown of square footage between floors and the accessory unit were configured.  H. Edwards stated when the house was built that room was considered a bonus room and she was not sure how it all matched up, but the accessory unit consisted of 720 square feet.  It was stated that the dwelling unit was less than 50% of coverage of the property.

Chair Rinaldi asked if there is anything else the applicants wish to share for the Board. There were no further comments.

Chair Rinaldi asked if there was anyone in the audience who had any favorable or unfavorable comments.

Helen Kenyon, who lives on Arcadia Road, questioned if the applicants proposed to remodel and/or enlarge the apartment above the garage.

Russell Brown, Zoning Officer, confirmed that they are renovating the existing area, and not expanding.

Helen Kenyon was concerned of the septic system and asked if there were any changes. Chair Rinaldi stated that it was mentioned earlier the septic system design was for five bedrooms and nothing is to be changed from what it is already existing. He asked if there was proof of the septic design.

Exhibit D -- Application #9829-1393 DEM, ISDS

There were not any further public comments or questions.

A motion was made by C. Davis, seconded by S. Carney to close the public hearing. All ayes.

C. Davis proposed that the board make the following findings of fact:

The property is Lot 5-4 on Assessor’s Plat 2B, located in the R3 zoning district. The lot is 4.25 acres and contains a single family home.

The lot complies with the lot area, lot width and lot frontage requirements.

The house complies with front, side, and rear yard setback requirements in the zoning district.

The accessory apartment is on the side of the house, above the garage and does not alter the appearance of a single family home.

The plans submitted as exhibits show that the accessory dwelling unit has a kitchen, sanitary facility, and an entrance separate from the principal dwelling unit.  In fact, the accessory dwelling unit has an additional entrance with a wheelchair lift.

The house is not a duplex or multi-house structure, mobile home, hotel, motel, rooming house, or boarding house.

The living area of the accessory dwelling unit is seven hundred and twenty (720) square feet and does not exceed one thousand (1,000) square feet limit for an accessory dwelling unit.

The accessory dwelling unit and principal dwelling unit will be in the same ownership and the number of bedrooms will not exceed the five approved by DEM for the septic system.

C. Davis suggested the following conclusions of law:

The proposed use will not substantially or permanently harm the appropriate use of the surrounding property because the applicant’s house is a single family dwelling in a neighborhood of single family homes.  It is not visible from any other property.

Neither the proposed use nor the location on site will result in conditions that will harm the public health, safety, or welfare.

The applicants have approval for their septic system.

The use will be in harmony with the general purposes and intent of the zoning ordinance, because the proposed accessory dwelling unit satisfies all the conditions in the ordinance.

A motion was made by C. Davis, seconded by S. Carney to approve the application for the special use permit for an accessory dwelling unit based on the findings of fact and conclusions of law stated.  Voting in favor of the motion: Cynthia Davis, Sean Carney, Vincent Rinaldi, first alternate Jeffrey Vaillancourt, second alternate Benjamin King.

Petition of Richmond Solar 1, LLC, 260 West Exchange Street- Suite 102A, Providence, RI 02903, requesting a special use permit to install a solar energy system (5.85- megawatt (mw) solar development) in an R-3 zoning district.  Pursuant to the Town of Richmond zoning ordinance Chapter 18.34 and Chapter 18.52.  Premises located at Bucknam Road and Church Street, Richmond Rhode Island, AP 11A Lot 24.

K. Ellsworth explained the zoning ordinance requires the Zoning Board of Review to refer the application to the Planning Board for an advisory development plan review before the Zoning Board of Review holds a public hearing on the special use permit application. She read aloud portions of Chapter 18.34 of the zoning ordinance. She said the intent of the ordinance was to make abutting property owners aware of the development plan review before it takes place. Development plan review takes place at a public meeting but it is not a public hearing, so there is no requirement that abutting property owners be notified.

A motion was made by C. Davis, seconded by S. Carney to open the public hearing for Richmond Solar 1. All ayes.

Robert Craven, attorney for the applicants, with a law office in North Kingstown, submitted proof that notices were mailed to the owners of property within 200 feet of the subject property.

Exhibit A – Certification that notices of the public hearing were mailed to all owners of property within 200 feet of the subject property.

A motion was made by C. Davis, seconded by S. Carney to continue the public hearing to November 27, 2017. Voting in favor of the motion: Cynthia Davis, Sean Carney, Vincent Rinaldi, first alternate Jeffrey Vaillancourt, second alternate Benjamin King.

Chair Rinaldi explained the procedure to the audience to be sure they understand. The applicant present the plan to the Planning Board for an advisory development plan review opinion that will be forwarded to the Zoning Board of Review, and the Zoning Board will then hear testimony on the special use permit application.

A member of the audience questioned when the Planning Board would hold the meeting. K. Ellsworth stated it will be posted on the Town’s website, or to give the BPZ Department a phone call to confirm.

6.)        Adjournment

A motion made by C. Davis, seconded by S. Carney to adjourn. All ayes.

Meeting adjourned at 7:57 p.m.

Respectfully submitted:

Samantha Patton, Clerk

Approved as: Written

Date: November 27, 2017