TOWN OF TIVERTON ZONING BOARD OF REVIEW
MINUTES
December 1, 2021
The following petitions were received and were heard by the Tiverton Zoning Board of Review on Wednesday, December 1, 2021 at 7:25 p.m. at the Tiverton Town Hall, 343 Highland Road.
Members present: Lise Gescheidt (Chair), David Collins, John Jackson, Jennifer Hilton and Ed Schober.
Also present were: Michael Marcello, Esquire, Town Solicitor, Joseph Kaufman, Building Official, and Mary Ann Escobar, Court Reporter.
1 Continued from November 3, 2021; Citizens ATM @ Dollar General 567 Main Rd (116-361) Special Use Permit and Vincent Paquette 35 Hancock St (203-129) for a Variance.
DECISION: Both of the above mentioned petitions were continued until January 5, 2022 due to two of the Board members that previously heard these petitions were out sick this evening.
2. A petition has been filed by Richard St. Aubin, 10 Colebrook Road, Little Compton, RI 02837 requesting a Dimensional Variance for 0 High Hill Road, Tiverton, RI. 02878 (806-101) to have a buildable lot with less than required 120 feet of frontage at the front yard setback (see Article V. Section 2.d.). The special conditions and circumstances for this property are that it was given Administrative Subdivision approval from the Planning Board on August 2, 2011 (recorded Book 24 Page 21 signed by the Planning Board Chair, Stephen Hughes) with less than the required frontage. The Planning Board made positive findings that it mistakenly conformed to zoning. The width of the lot is larger than 120 feet farther back on the property closer to the building footprint.
DECISION: Mr. Aubin appeared before the Board this evening to request a dimensional variance. Mr. Aubin explained that there was an administrative subdivision plan dated 5/28/2009 that was approved by the Planning Board and everything was fine. It had more than 120 feet frontage with 50 foot minimum setback. In discussions with the planning board and town planner this plan went through a number of revisions before they finally got the approval from the planning but that they had agreed to move the front setback all the way back to the main part of the property 50 feet back from the main border of the property. Mr. Aubin had equitable interest in this land by a land sales contract with Ferolbink Farms, Pete Peckham who for a number of years made strenuous efforts to sell the development rights to most of his farm which he eventually did.
He further went on to explain before what was supposed to be the final meeting the Town Highway Department raised concerns about run off from Peckham Farm across the property onto High Hill Road so they requested a huge swale be put in to eliminate that concern, which he said was effective. Mr. Aubin explained that due to the concern of the Town of the swale being on the farmland property, they moved the property lines to accommodate the Town. All of these things happened before Mr. Aubin owned the property.
Mr. Aubin explained that when he was buying the land, the land had two buildable lots and now because of the reconfiguration due to the swale now makes one lot an odd shape which the planning board did not like and this is why he is before the board this evening.
The Chairman asked if there were any comments from anyone for or against the petition. No audience member responded and the meeting was closed to public comments.
Mr. Collins made a motion to approve the dimensional variance, stating that the petitioner did not create the hardship. The lot was originally designed and met all the requirements but was changed to accommodate the Town leaving no option for a side setback now. Mr. Collins stated that anyone driving down the street would have no idea where the boundary lines are. Mr. Collins stated that due to having the swale, which the Town requested, now changed the originally designed and approved plan.
Mr. Collins also stated that this change does not make it contrary to public interest, that the swale is needed to control water runoff. He further stated that granting this dimensional variance is not going to change the characteristics of the land and that it is the least variance he has requested which is 70 feet from the front yard setback for an R80 zone.
Ms. Gescheidt seconded and agreed with all the facts stated, that the petitioner did not create this hardship on himself, the window kept moving for where the swale should be and by not granting this variance the petitioner would not have full use of his property.
The Vote was Unanimous. Voting were Mr. Collins, Ms. Gescheidt, Mr. Jackson, Ms. Hilton and Mr. Schober.
3) Approval of minutes of July 2021 and September 2021 Meeting. -- The minutes were not reviewed due to Ms. Taylor Humphrey being out sick this evening. This will be tabled until January 5, 2022.
4) Discussion and Review: Discussion and review of proposed amended forms and rules of procedure. Applications for variances and Special Use Permits, appeals from the Building Official; appeals from Planning Board; and Rules of Procedure.
–- This matter was tabled until the January 5, 2022 meeting due to not having a full board this evening.
5) Adjournment : Ms. Gescheidt made a motion to adjourn. Mr. Jackson seconded. The Vote was Unanimous. Voting were Mr. Collins, Ms. Gescheidt, Mr. Jackson, Ms. Hilton and Mr. Schober. The meeting adjourned at 8:23 p.m.
C E R T I F I C A T E
I, Mary Ann C. Escobar, Registered Professional Reporter, and Commissioner for the State of Rhode Island, do hereby certify that the foregoing pages 1 through 4 are complete, true and accurate to the best of my knowledge, skill & ability.
I further certify that I am not interested in the event of the action.
IN WITNESS WHEREOF, I have hereunto subscribed my hand this 6th day of December, 2022.
Mary Ann C. Escobar, RPR My Commission expires: October 4, 2026.
* * * * * * * LEDGEWOOD COURT REPORTING
23 Last Street
Tiverton, RI 02878
(401) 625-5455