TOWN OF TIVERTON
ZONING BOARD OF REVIEW MINUTES DECEMBER 7, 2022
The following petitions were received and heard by the Tiverton Zoning Board of Review on Wednesday, December 7, 2022 at 7:00 p.m.
Members present: Vice Chairman David Collins, Mr. John Jackson, Mr. George Alzaibak, Ms. Jennifer Hilton, and Mr. Edwin Schober.
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 Vice Chairman called the meeting of the Tiverton Zoning Board of Review to order at 7:00 p.m.
2) Considering of the following applications:
2a) Continued from November 2, 2022; Dimensional Variance:
A petition has been filed by Joseph and Katie Pacheco, 3550 Main Road, Tiverton, RI. 02878 for a Dimensional Variance at 3550 Main Road, Tiverton, RI. 02878 (Plat 707 – Lot 102) R-80 Zoning District in the Watershed Overlay proposing to construct a 30’ x 32’ (960 square foot) garage/barn. Pursuant to Article VI, Section 1a. YARD REGULATIONS AND ACCESSORY STRUCTURE which requires “No accessory structure shall have a footprint greater than 864 square feet”.
DECISION: Katie and Joseph Pacheco, owners, and Bill Smith, of Civil Engineering Concepts, Inc. appeared before the Board on behalf of the petition. The applicants were sworn in.
Ms. Pacheco stated that the proposal consisted of a thirty-two (32) foot long, thirty
(30) foot wide garage to store equipment such as yard tools and a snow plow. She mentioned that the subject property was about five (5) acres and the existing garage was only large enough for two (2) cars. Mr. Pacheco mentioned that they
owned an antique truck that would be kept in the proposed garage to keep it out of the weather.
The Vice Chairman inquired about the lot. Ms. Pacheco responded that the property was set back about five-hundred (500) feet from the road and abutted the road to the landfill. She submitted a letter of support from a neighbor to the Board. The Board accepted the letter into the record.
Mr. Smith explained that the Tiverton Planning Board and Conservation Commission had approved of the proposal. He said that the rain garden would be enlarged to accommodate the additional water runoff, barely any vegetation would be removed for the project, and the proposed garage would not be visible from the road or the neighbor’s property.
Ms. Hilton asked about lot coverage. Mr. Smith replied it would increase from 1% to 1.48%. The Vice Chairman inquired about the hardship the owners were facing. Mr. Smith said that the dwelling was a new build and the accessory structure limit was unfair when constructing a detached structure. Mr. Alzaibak stated that the petitioners were building only what they needed.
Mr. Jackson inquired about the watershed. Mr. Smith responded that a stream ran through the property, an Environmental Review Statement had been approved by the Tiverton Planning Board, and the storm water system was addressed according to the standards of the RI Department of Environmental Management.
The Vice Chairman asked for public comment. The Board took no further input from the applicants and there were no comments from the audience. The Vice Chairman closed the public hearing.
Mr. Alzaibak said that the petitioners had the right to build the garage, the lot coverage conformed to the ordinance, and there was no encroachment to the neighbors.
Mr. Alzaibak made a motion to approve the application. Mr. Schober seconded the motion. The motion was unanimous. Voting in favor of the motion were: Mr.
Collins, Mr. Jackson, Mr. Alzaibak, Ms. Hilton, and Mr. Schober. 2b) Continued from November 2, 2022; Dimensional Variance:
A petition has been filed by Stanislaw Szelag, 16 Windwood Drive, Tiverton, RI. 02878 for a Dimensional Variance at 16 Windwood Drive, Tiverton, RI. 02878 (Plat 211 – Lot 220) R-60 Zoning District to construct an attached garage addition to the existing dwelling, which will encroach into the front yard and the side yard setbacks. Pursuant to Article V, Section 1, MINIMUM FRONT YARD SETBACK would be reduced from 30.3 feet to 24.2 feet where 40 feet is required by Code and MINIMUM SIDE YARD SETBACK would be reduced from 38.6 feet to 25.8 feet where 30 feet is required.
DECISION: Stanislaw Szelag, owner appeared before the Board on behalf of the petition. The applicant was sworn in.
Mr. Szelag submitted a letter of support from a neighbor to the Board. The Board accepted the letter into the record. Mr. Szelag stated that the proposed garage would store his two (2) vehicles due to snow and other weather conditions. Due to the location of the septic the proposed garage could not be built anywhere else on the lot.
The Vice Chairman asked if the calculations were adjusted for the undersized lot. Mr. Szelag replied in the negative, the plan showed the actual dimensions. Mr.
Marcello stated that the property was a non-conforming lot of record and the calculations should be modified according to the ordinance.
Mr. Hoyle stated that the front lot line was on Devon Way and not Windwood Drive. He said that he did not think a variance was necessary.
The Vice Chairman asked for public comment. The Board took no further input from the applicants and there were no comments from the audience. The Vice Chairman closed the public hearing.
Ms. Hilton made a motion to continue without prejudice to the January 4 meeting based on the advice by the Building Official only if relief was necessary. Mr.
Alzaibak seconded the motion. The motion was unanimous. Voting in favor of the motion were: Mr. Collins, Mr. Jackson, Mr. Alzaibak, Ms. Hilton, and Mr. Schober.
2c) Dimensional Variance:
A petition has been filed by Tiverton, LLC, 648 West Roxbury Parkway, Roslindale, MA 02131 for a Dimensional Variance at 196-204 Bulgarmarsh
Road, Tiverton, RI 02878 (Plat 310-Lot 148) in a R-40 Zoning District to seek relief pursuant to Article XIV, Non-Conforming Development Section 5, Extension, enlargement or moving to demolish a pre-existing
multi-building and replace the same with a building of a smaller footprint with the same number of residential units that currently exist in the present structure.
DECISION: Cort Chappell, Esq., of Chappell and Chappell, and Todd Chaplin, of Mt. Hope Engineering, Inc. appeared before the Board on behalf of the petition.
The applicants were sworn in.
Mr. Chappell explained that there were three (3) separate residential buildings on the property. By pre-existing non-conforming use there were sixteen (16) units on the lot. The existing lot coverage was 9.1% which was proposed to be decreased to 8.6%. Mr. Chappell said that the ordinance did not address decreasing the size of a building unless it burns down. Mr. Marcello agreed that the situation was not directly addressed by the ordinance, but would still apply the stipulation of demolishing a non-conforming building.
Mr. Chappell said that the replacement dwelling would match the existing siding and integrity, the septic was approved to service three (3) buildings, and there would be sixty (6) square feet less of lot coverage. The non-conforming use would not be increased.
The Vice Chairman, Ms. Hilton, and Mr. Schober were in support of granting the petition. Mr. Alzaibak stated that the proposal increased safety and upgraded the septic system.
The Vice Chairman made a motion to approve the petition because no relief was necessary. Mr. Schober seconded the motion. The motion was unanimous. Voting in favor of the motion were: Mr. Collins, Mr. Jackson, Mr. Alzaibak, Ms. Hilton, and Mr. Schober.
3) Approval of the minutes from the August 3, 2022 Meeting, August 10, 2022 Special Meeting and September 7, 2022 Meeting.
Mr. Alzaibak made a motion to approve the August 3 minutes. Mr. Schober seconded the motion. The motion passed. Voting in favor of the motion
were: Mr. Collins, Mr. Jackson, Mr. Alzaibak, and Mr. Schober. Ms. Hilton abstained due to absence.
Mr. Alzaibak made a motion to approve the August 10 and September 7 minutes. Mr. Schober seconded the motion. The motion was unanimous. Voting in favor of the motion were: Mr. Collins, Mr. Jackson, Mr. Alzaibak, Ms. Hilton, and Mr. Schober.
4) Adjournment
Mr. Jackson made a motion to adjourn the meeting at 7:47 p.m. (Whereupon the Zoning Board of Review meeting ended at 7:47 p.m.)
Submitted by: Tara Ferreira Approval Date: February 1, 2023 Tara Ferreira