TOWN OF TIVERTON
ZONING BOARD OF REVIEW MINUTES SPECIAL MEETING
AUGUST 10, 2022
The following petitions were received and heard by the Tiverton Zoning Board of Review on Wednesday, August 10, 2022 at 7:00 p.m.
Members present: Chairwoman Lise Gescheidt, Vice Chairman David Collins, Ms. Wendy Taylor Humphrey, Mr. John Jackson, Mr. George Alzaibak, and Mr. Edwin Schober (alternate).
Also present were: Mr. Michael Marcello, Esq., Town Solicitor, Mr. John Hoyle, Jr., Building/Zoning Official, and Ms. Mary-Ann Escobar, Court Stenographer.
1) Call to order
The Chairwoman called the meeting of the Tiverton Zoning Board of Review to order at 7:00 p.m.
2) Matter from August 3, 2022 was continued to a special meeting on August 10, 2022 due to lack of quorum.
2a) Variance:
A petition has been filed by Chappell & Chappell as Attorney for Matthew Rodgers, PO Box 259, Tiverton, RI. 02878 for a Dimensional Variance at 1763 Main Road, Tiverton, RI. 02878 (Plat 305 – Lot 112) Waterfront Zoning District proposing to reconstruct the existing ingress and egress from the building to cure the existing fire hazard and to add an 8 (eight) foot extension off of the living space to the Northwest. The extension will run along the existing nonconforming set back and be no closer to the lot line than what currently exists. The petition would also increase the already nonconforming lot coverage from 35% to 43.8%. The ingress and egress issues will be cured by adding a deck that will connect the proposed addition and entrance to the units on the south side of the building. The proposed relief satisfies all criteria set forth in Article XVII, Section 2 as the hardship
faced by the applicant exists due to the unique nature of the property, if granted, the relief would not be contrary to the public interest and was not created by the applicant. Further, the proposed relief would not alter the general character of the surrounding area, it is the least relief necessary and to deny the relief would amount to more than a mere inconvenience.
DECISION: Matthew Chappell, of Chappell & Chappell, and Matthew Rodgers, applicant, appeared before the Board on behalf of the petition. The applicant was sworn in.
Mr. Chappell stated that the property was a substandard lot with a mixed use building that contained residential units in the rear of the building. He explained that R-40 zoning requirements were considered in the petition.
The applicant was requesting a side yard variance of 3.1 feet at the northwest boundary of the property. The ordinance required a five (5) foot setback, and the proposed addition would be 1.9 feet from the property line.
The applicant was also requesting relief of 18.8% for lot coverage. The property contained about five thousand (5,000) square feet, and the proposed extension would increase the lot coverage to 2,192 square feet, or 43.8%. This would increase the lot coverage by 18.8%.
Mr. Chappell said that no part of the proposed addition would be closer to the property line than the existing building was.
Ms. Taylor Humphrey asked about the fire hazard as indicated by the application. Mr. Chappell responded that the deck providing ingress and egress into the residential units was inadequate, and needed to be replaced.
The Chairwoman inquired what was being added to increase the lot coverage. Mr. Chappell replied that an eight (8) by sixteen (16) foot interior addition was being proposed, as well as an exterior deck with two (2) new flights of stairs.
The Chairwoman asked if there were two (2) new decks being proposed. Mr. Rodgers responded in the affirmative, for both existing residential units on the second floor.
Mr. Rodgers stated that the proposed improvement would be of the public interest, the building was around 140-170 years old and required repair, this matter constituted an unnecessary hardship, relief was being sought due to no action of his own, and the least relief necessary was being requested.
The Chairwoman pointed out that there were requirements regarding the fire code, and two (2) points of egress were necessary.
Mr. Alzaibak questioned whether there were tenants living in the residential units. Mr. Rodgers replied in the affirmative, they had been living there since he purchased the property.
Mr. Collins inquired if the proposed decks would be above cement. Mr. Rodgers replied that the area was currently grass. Mr. Collins asked if the addition proposed for the northwestern side of the property, to be 1.9 feet from the property boundary, would line up with the existing building. Mr. Rodgers responded in the affirmative.
The Chairwoman asked about septic plans. Mr. Chappell stated that Department of Environmental Management (DEM) approval for the proposed septic plans had been received. Mr. Chappell submitted a copy of the DEM approval.
The Chairwoman asked for public comment.
Philip Pelletier, of 1771 Main Road, stated that as a neighbor he approved of the petition, and was fine with improvements being done to the property.
The Board took no further input from the applicants and there were no comments from the audience. The Chairwoman closed the public hearing.
Mr. Hoyle said that he had no issues with the proposal, and these were pre-existing conditions. He stated that he had been in conversation with the fire marshall regarding the petition.
Mr. Collins made a motion to grant the variance of 18.8% for lot coverage. The existing lot coverage of 25% would be increased by 18.8%, to a total of 43.8%. The ingress/egress issue was a hardship, granting the relief was in the public’s interest, it wouldn’t alter the general character of the area, the least relief necessary was being sought. Mr. Alzaibak seconded the motion. The motion was unanimous. Voting in favor of the motion were: Ms. Gescheidt, Mr. Collins, Ms. Taylor
Humphrey, Mr. Jackson, and Mr. Alzaibak.
Mr. Collins made a motion to grant the dimensional variance of 3.1 feet for the side yard setback. The required five (5) foot setback would be 1.9 feet. The ingress/egress issue was a hardship, granting the relief was in the public’s interest, it wouldn’t alter the general character of the area, the least relief necessary was being sought. Mr. Alzaibak seconded the motion. The motion was unanimous.
Voting in favor of the motion were: Ms. Gescheidt, Mr. Collins, Ms. Taylor Humphrey, Mr. Jackson, and Mr. Alzaibak.
3) Approval of minutes from the May 4, 2022 Meeting and the June 1, 2022 Meeting.
Mr. Alzaibak made a motion to approve the minutes. The Chairwoman seconded the motion. The motion was unanimous. Voting in favor of the motion were: Ms. Gescheidt, Mr. Collins, Ms. Taylor Humphrey, Mr.
Jackson, and Mr. Alzaibak.
4) Adjournment
Mr. Alzaibak made a motion to adjourn the meeting at 7:30 p.m. (Whereupon the Zoning Board of Review meeting ended at 7:30 p.m.)
Submitted by: Tara Ferreira Approval Date: December 7, 2022 Tara Ferreira