TOWN OF TIVERTON ZONING BOARD OF REVIEW
MINUTES
September 1, 2021
The following petitions were received and were heard by the Tiverton Zoning Board of Review on Wednesday, September 1, 2021 at 7:00 p.m. at the Tiverton Town Hall, 343 Highland Road.
Members present: David Collins (Chairman), John Jackson, Wendy Taylor Humphrey, George Alzaibak, Jennifer Hilton and Joel Bishop (alternate)
Also present were: Michael Marcello, Esquire, Town Solicitor, John Hoyle, Building Official, and Mary Ann Escobar, Court Reporter.
1) 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. The Board did not discuss anything above.
2) Special Use Permit:
A petition has been filed by Azzinaro Architects & Associates, Inc. on behalf of Nonquit Realty Corp., 108 Airport Road, Suite #204, Westerly, RI. 02891, requesting a Special Use Permit within the Waterfront (W) zone pursuant to Article IV, Section 12 (a.) at 2139 Main Road (Plat 306 Lot 101) for the building to be used as a public storage facility with compartments ranging in size from 70 to 240 S.F.
DECISION: Mr. Azzinaro, Architect, appeared before the Board on behalf of the petitioner. He stated that the owner was out of state.
Mr. Azzinaro is an engineer and his firm became involved in this project in 2018. Mr. Azzinaro stated that there has been maintenance permits taken out for this property.
They are trying to fix this property so it will be in compliance with FEMA regulations. He explained that this building was previously a lobster processing plant. They used to do the lobster processing on the first floor and the second and third floor were used for storage to store the nets and equipment needed to do the processing so he believes this current plan for storage is not a change of use. This building did have storage on the second and third floors. Mr. Alzaibak questioned Mr. Azzinaro about the storage and did not agree. Mr. Alzaibak said that he didn’t believe the second and third floors were used for storage.
Mr. Alzaibak asked Mr. Azzinaro when the owner purchased the property. Mr. Azzinaro did not have an answer for him. Mr. Alzaibak expressed concern that he doesn’t know
the answer to the simplest questions and didn’t think this petition should be heard.
Ms. Taylor Humphrey expressed concern as well that the owner is not here to answer these questions and feels the same as Mr. Alzaibak . Ms. Taylor Humphrey stated that if Mr. Azzinaro cannot answer the simplest questions, how will the Board be able to get complete information regarding this to base their decision on.
Mr. Azzinaro continued to explain that previous uses thought for this building was a spa and hotel, a restaurant, but these uses were not feasibly possible to be done with this.
The lowest possible use that they believe can be put in this building is a storage facility. Mr. Azzinaro stated that in the use table in Article 4 he believes that a storage facility is allowed.
Mr. Azzinaro stated that they have been before the planning board on many occasions and have changed some of their designs in accordance with recommendations from the Planning Board. They are keeping with the same aesthetic look on the outside of the building to maintain its original state. Mr. Azzinaro showed the Board some pictures of the exterior design. Ms. Hilton said that the pictures he is showing them now they do not have in their packets. He explained it was just revised recently.
The facility as explained by Mr. Azzinaro will be a 60 unit facility with 26 units on the second floor and 26 units on the third floor ranging from 70 square feet to approximately 250 square feet in size. The lower units below the flood plane are site plan dependent for the docks and the operation that exists out there. He feels this is the least impact on the environment.
He stated that this needs to start generating income, basically, and with minimal site and utility upgrades. And he believes this facility would offer that. The building has been idle for too long and an eyesore and the owner wants to change that. Mr. Azzinaro stated that the permits are in place to finish all the exterior work and stabilizing the present structure.
Mr. Collins stated that the Board would like Mr. Azzinaro to focus on the six elements that are required to be proven whether this petition will be allowed. Mr. Azzinaro stated he wanted to quickly go through what he anticipates for the business. Attorney Marcelino stated to the Board that Mr. Azzinaro has the right to complete his full presentation and he stated directly to Mr. Azzinaro that he can finish his full explanation and not to feel rushed.
Mr. Azzinaro stated that this storage facility will not be a quick transient business. The owner will require the rentals to a three month minimum for these units, which would limit any quick turn-around. He also stated that due to the type of business this is, they predict only approximately nine cars at a time. When asked by the Board how he came
up with the number nine specifically, he stated that the owner did some research on these types of facilities. When asked to produce the research, he could not.
Mr. Azzinaro went on to explain that the lighting on the property will be dark sky compliant and should not affect any of the neighbors. He also explained that there will be a sprinkler system installed in the building for fire safety.
Mr. Al asked what the hours of operation would be? Is it a 24/7 business? Mr. Azzinaro stated that it would be. When asked by Mr. Alzaibak how they will monitor people coming in and out of there in the middle of the night, he replied they have security cameras and lock pads.
Ms. Taylor Humphrey asked how they will monitor what is being put in these containment units. What if there is gasoline or other combustibles put into these units, how will they be watched over. Mr. Azzinaro did not have an answer for that question. He stated he would have to defer to experts regarding that.
Mr. Azzinaro showed a drawing of the proposed business to the Board and the Audience members. This drawing was marked as Exhibit Number 1.
Attorney Elizabeth Noonan from Adler, Pollack and Noonan appeared before the board in opposition to this petition. She is representing Tiverton Point LLC, the principal of which is Jim Karam from 35 Nanaquaket Road who is in the audience, and Edward and Barbara Mazzafero from 59 Nanaquaket Road, who were not present this evening. Ms. Noonan asked for her letter dated September 1, 2021 be marked into evidence. The Board entered said letter as Exhibit A.
Two points Attorney Noonan raised. One, is that this is not an allowed use according to the ordinance. The ordinance calls for wholesale storage. This would not be. The second is in the ordinance Section Article 4 Section 15 anything that is not stated specifically is a prohibited use and so her position is that this application is not properly before you tonight as a special use permit. She believes they would have to ask for a use variance.
Attorney Noonan also brought up the fact that there were no traffic reports, nor any study submitted to show what the traffic would be like in that area, and since those facilities operate usually 24/7, how would the security be? She believes it would be a nuisance to the neighborhood and surrounding areas.
Many neighbors spoke out in opposition about a storage facility being put in here, due to many factors, some of which were the traffic, the possibility of people in and out of the building all hours of the night, the lighting, and possible noise and disturbances that can come along with people driving in and out of there.
Mr. Azzinaro stated that he would be amenable to limiting the amount of hours in which the business would be open, and also having a security person working there. He also stated they would install cameras and a keypad for people to enter.
The Board no longer took further comments from the audience to discuss the petition. The Board was in agreement that the Petitioner who was not present did not have enough information for the Board to consider the six elements which have to be proven for this particular petition. There should have been a more detailed presentation speaking of what the traffic would be like and the security also. A lot of questions were not able to be answered by Mr. Azzinaro and the Board did not feel the burden was met to pass on this special use permit.
Ms. Humphrey agreed and reiterated that there was also no traffic expert, no explosives expert, no civil engineer, no real estate expert, no lighting expert, no DOT expert, no one talked about run off. Also no one talked about how the security would be run, and also reiterated that the owner was not present to answer questions and there were questions asked that couldn't be answered.
Mr. Collins made a motion to deny this petition based on the above comments agreed to by the Board. There was not enough evidence to support the criteria needed for this particular petition. Mr. Alzaibak seconded the petition. The Board voted unanimously. Voting were: Mr. Alzaibak, Ms. Taylor Humphrey, Mr. Collins, Mr. Jackson & Ms. Hilton.
3) Special Use Permit:
A petition has been filed by Cheryl Mulcahy, 600 Union Street, Portsmouth, RI. 02871, requesting a Special Use Permit to operate a daycare center in a General Commercial (GC) zone pursuant to Article IV, Section 4 (h) for 2423 Main Road (Plat 409 Lot 104), the property is located in the R-80 zoning district.
DECISION: This matter was not heard. Attorney Marcelino stated that upon review of the Zoning By-laws, this particular petition does not need a special use permit. Because it is in that pedestrian friendly zone it’s a use that's granted automatically without a special use permit and they are already allowed to do what they are requesting.
4) Variance:
A petition has been filed by Jennifer Jackson, 24 Lake Road Tiverton, RI. 02878 requesting a Dimensional Variance pursuant to Article VI, Section 1, to construct a new 1,080 S.F. barn for her own personal use. The property is located within the R- 80 zoning district.
DECISION: The Board did not have a full quorum to hear this petition. Ms. Hilton had a conflict of interest with the petitioner. This matter is continued until next month’s meeting.
5) Variance:
A petition has been filed by Penelope Neville & Gretchen A. Polasek, 197 Neck Road, Tiverton, RI. 02878, requesting a Variance to Article VI, Section 7, for approval to alter the existing Onsite Wastewater Treatment System (OWTS) located at 197 Neck Road (Plat 705 Lot 105). The property is located in the R-80 Zoning District, as well as the Watershed Overlay Protection District.
DECISION: Attorney Matt Chappell appeared before the board on this matter representing the Petitioners. He explained that this is the old Lucinda Peckham land and it altogether had approximately 31 acres. Ms. Peckham deeded 28 acres to conservancy trust prior to her death so that the land cannot be developed and left a smaller 3 acre parcel to her sister to live in.
The house that sits on that small parcel is built directly into the land and has old stone foundation. The interior of the house has a poor design. Ms. Neville has to walk down a set of very narrow stairs that come down and turn sharply to get into her kitchen. Mr. Chappell stated it is not safe and Ms. P has taken a few falls already on these particular stairs.
Mr. Chappell also explained that Ms. Neville wishes to put an addition onto this house with a small room in which her daughter can move in with her and help take care of her in the future. Mr. Chappell stated that this is the least possible request they could ask for.
Mr. Smith was sworn in and testified about the many ways they were thinking of adding this addition. There was one section of the house which would have been the very least they could do, but the section wasn’t wide enough for them to put a hallway. Mr. Smith put up drawings explaining where the addition had to be. There was no other area she could put it in. Mr. Smith explained they have the permitting from DEM in place for the septic upgrade and said they moved it further away from the pond.
Mr. Smith was asked by Mr. Chappell about the hardship this puts on the owner if she could not build this addition. Mr. Smith responded that it would be an extreme hardship as the staircase leading to the kitchen is very outdated and dangerous, and she should be able to have a safe and comfortable home for her to live. Upon being asked if he thought this was a detriment to the environment, Mr. Smith stated no.
Mr. Chappell asked him if this addition was in compliance with the Comprehensive Plan, and he replied it was. Mr. Chappell asked Mr. Smith if this would be a nuisance to the neighborhood. Mr. Smith replied it did not. The only neighbor that was the closest to this project actually was in attendance at the meeting and was for
the addition.
Ms Gill, Chairman of the planning board stated that the planning board has reviewed this application and have submitted a letter of recommendation, which she knew probably didn’t make it into the files for tonight as it was just completed.
The Board took no further input from the audience and discussed the matter. There were no major concerns that the Board had with the project. Mr. Alzaibak made a motion to approve this petition stating that all of the six criteria for a special use permit has been made. Ms. Taylor Humphrey seconded the motion. The Vote was unanimous. Voting were: Mr. Alzaibak, Ms. Taylor Humphrey, Mr. Collins, Mr. Jackson & Ms. Hilton.
Mr. Alzaibak made a motion to adjourn. Seconded by Ms. Taylor Humphrey. The Vote was unanimous. Voting were: Mr. Alzaibak, Ms. Taylor Humphrey, Mr.
Collins, Mr. Jackson & Ms. Hilton. The meeting ended at 10:05 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 7 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 20th day of September, 2021.
Mary Ann C. Escobar, RPR My Commission expires: October 31, 2921.
* * * * * * * LEDGEWOOD COURT REPORTING
23 Last Street
Tiverton, RI 02878
(401) 625-5455