TOWN OF TIVERTON - APPROVED AU510 2011
ZONING BOARD OF REVIEW MINUTES JUNE 1, 2022
The following petitions were received and heard by the Tiverton Zoning Board of Review on Wednesday, June 1, 2022 at 7:00 p.m.
Members present: Chairwoman Lise Gescheidt, Vice Chairman David Collins, Ms. Wendy Taylor Humphrey, Mr. John Jackson, Ms. Jennifer Hilton (first alternate), and Mr. Edwin Schober (second alternate).
Also present were: Mr. John Hoyle, Jr., Building/Zoning Official, and Ms. Sally Ferreira, 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) Considering of the following applications:
2a) Dimensional Variance
A petition has been filed by Rade Radosevich-Slay, 131 Canonicus Street, Tiverton, RI. 02878 (101-313) R-30 zone requesting a dimensional variance for a proposed breezeway connector between the existing garage and house. The existing lot is a substandard size lot and is a corner lot, presenting a hardship in maintaining the required 30' front setback and 15% lot coverage. The proposed 350 square foot breezeway footprint does not encroach any closer to the street than the existing garage and main house.
DECISION: Melissa Hutchinson, ofMH Architect, and Rade Radosevich-Slay appeared before the Board on behalf of the petition. The applicants were sw01n in.
Mr. Radosevich-Slay explained that the existing two (2) car garage on the subject property was not connected to the dwelling st1ucture. The applicant was in the process of replacing the side entrance to the house, and required a protected pathway to get into the house from the garage. Mr. Radosevich-Slay stated that there would not be heat installed in this area.
Ms. Hutchinson noted that the proposed breezeway would not encroach into the setback any further than the house did. The breezeway would be shorter in height than the garage to maintain the small-scale nature of the neighborhood. She mentioned that the subject property was a substandard and cmner lot which made it difficult to meet the requirements.
The Chairwoman asked what would be in the breezeway aside from a hallway. Mr. Radosevich-Slay replied that it would be an area for sitting, storage, or recycling. The Chairwoman inquired if there would be windows built into the breezeway. Mr. Radosevich-Slay responded that there would be windows installed along both sides.
The Chairwoman questioned if the existing deck would be connected to the proposed breezeway. Mr. Radosevich-Slay said yes, they would connect in the back of the property. The Chairwoman asked if the existing deck was enclosed. Mr. Radosevich-Slay replied in the negative.
Mr. Collins inquired if the property dropped off on the west side. Mr. Radosevich-Slay answered in the affirmative. Mr. Collins asked if the fire department would have access to the property in the event of an emergency. Mr. Radosevich-Slay responded in the affirmative, by the back of the lot.
Ms. Taylor Humphrey asked if zoning relief was obtained when the garage was built. Mr. Radosevich-Slay replied in the positive, the contractor did last year.
The Chairwoman stated that the ordinance did not allow for relief to exceed 25% lot coverage, and asked if the proposal was for 21.3%. Ms. Hutchinson replied in the affirmative.
The Chai1woman asked for public comment. The Board took no fu1iher input from the applicants and there were no comments from the audience. The Chairwoman closed the public hearing.
Ms. Taylor Humphrey asked for the Building Official's opinion. Mr. Hoyle stated that he had no issues with the proposal.
The Chairwoman made a motion to grant the request for a dimensional variance of
20.75 feet due to the special conditions that existed: the hardship was not due to
any act of the applicant, the relief requested was not contra1y to public interest, relief was not being requested for monetary gain, it would not alter the general character of the area, and the least relief necessaiy was being requested. Ms. Taylor Humphrey seconded the motion. The motion was unanimous. Voting in favor of the motion were: Ms. Gescheidt, Mr. Collins, Ms. Taylor Humphrey, Mr. Jackson, and Ms. Hilton.
3) Approval of minutes of April 6, 2022 Meeting.
Ms. Hilton 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 Ms. Hilton.
4) Discussion and Review:
Discussion and review of proposed amended forms and 1ules of procedure. Applications for variances and Special Use Permits, appeals from the Building Official; appeals from Planning Board; and Rules of Procedure.
The Chai1woman stated that the amended and approved fmms and 1ules of procedure were effective as of the date of the meeting. They would be posted on the Secretary of State website, and distributed with the application materials.
5) Adjournment
Ms. Hilton made a motion to adjourn the meeting at 7:22 p.m. (Whereupon the Zoning Board of Review meeting ended at 7:22 p.m.)
Submitted by: <Tara Perreira
Tara Ferreira
Approval Date: August 10, 2022