TOWN OF TIVERTON
ZONING BOARD OF REVIEW MINUTES SEPTEMBER 7, 2022
The following petitions were received and heard by the Tiverton Zoning Board of Review on Wednesday, September 7, 2022 at 7:00 p.m.
Members present: Vice Chairman David Collins, Ms. Wendy Taylor Humphrey, Mr. John Jackson, Mr. George Alzaibak, Ms. Jennifer Hilton, and Mr. Edwin Schober (alternate).
Also present were: Mr. Todd Romano, Esq., Town Solicitor, Mr. John Hoyle, Jr., Building/Zoning Official, and Ms. Sally Ferreira, 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) Variance
A petition has been filed by Carolynn & Steven Vallot, 246 Pelletier Lane, Tiverton, RI. 02878 for a Dimensional Variance at 146 Pelletier Lane, Tiverton, RI. 02878 (Plat 208 – Lot 116-006) R-60 Zoning District in the Watershed Overlay proposing to Demolish existing dwelling and shed, removal of cesspool and well. Construction of new 2 bedroom dwelling, new Advanced Treatment OWTS (BSF), connection to shred well, associated landscaping and grading.
Article V Section 1; R-60 Front yard setback (40’ required, 6’ proposed) Article VIII Section 3(d)(1) Development with 200’ of Stafford Pond Article VIII Section 3(d)(3) Rendering impervious of more than 10% of any lot.
DECISION: Jay Lynch, Esq., and Bill Smith, of Civil Engineering Concepts, Inc. appeared before the Board on behalf of the petition. The applicants were sworn in.
The Vice Chairman stated for the record that documentation was submitted after the deadline, and therefore was not being considered as part of the application.
Mr. Lynch acknowledged this and said that the application was complete without the late documents. He explained that the subject property was a non-conforming lot in the Watershed Protection District of Stafford Pond, and in the R-60 zoning district according to the tax assessor’s records. The proposal included the replacement of the existing dwelling with a one (1) family two (2) bedroom dwelling with stormwater management features, and the installation of an onsite wastewater treatment system (OWTS) to replace the existing cess-pool.
Mr. Lynch explained that the Department of Environmental Management (DEM) had issued an insignificant alteration permit and approved the OWTS permit.
Mr. Alzaibak inquired if the Stone Bridge Water Department had been consulted. Mr. Lynch replied that they had not, he was not aware of that requirement within the Town ordinance. Mr. Smith agreed that he had not been in communication with the water department.
Mr. Schoeber asked if a Coastal Resource Management Council (CRMC) permit had been acquired. Mr. Smith responded that CRMC did not have jurisdiction in this matter, but the Freshwater Wetland Division of DEM did. He said that the Tiverton Planning Board had approved of the Environmental Review Statement (ERS), and the Tiverton Conservation Commission sent a letter of support to the Planning Board as part of the ERS application process.
The Vice Chairman asked if the proposal would increase the impervious surface on the subject property. Mr. Smith replied that it would reduce the existing impervious surface by approximately ninety (90) square feet, but would still be above the 10% allowed by the ordinance. The impervious surface would decrease from the existing 15.7% to 13.4%.
The Vice Chairman inquired about the proposed stormwater management features. Mr. Smith responded that a DEM approved rain garden would be installed to collect roof run-off.
Mr. Lynch stated that the project would be an overall improvement to the watershed, the cess-pool and stormwater management systems would be upgraded,
and the building footprint would be reduced.
Ms. Hilton inquired as to the shared well as shown on the plan. Mr. Smith replied that the proposed septic system must be installed in the location of the existing privately owned well, and the new dwelling would utilize a shared well. The owners of the subject property had deeded access to the shared well.
Mr. Jackson asked how far the existing dwelling was from the property line. Mr. Smith responded 6.2 feet from the lot line.
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 had no objection to the proposal, but questioned whether the water department should be required to review the project. Ms. Taylor Humphrey agreed.
Ms. Taylor Humphrey made a motion to approve the applicant’s request for relief based on the information and documentation of record, and upon the condition that any further permits required from Stone Bridge Water District be provided to the Building Official before the building permit is issued. Mr. Alzaibak seconded the motion. The motion was unanimous. Voting in favor of the motion were: Mr.
Collins, Ms. Taylor Humphrey, Mr. Jackson, Mr. Alzaibak, and Ms. Hilton.
3) Approval of minutes from the May 4, 2022 Meeting and the June 1, 2022 Meeting.
This item was voted on and approved during the Tiverton Zoning Board meeting held on August 10, 2022.
4) Election of Officers
Ms. Hilton made a motion to reappoint Ms. Lise Gescheidt as Chairwoman of the Board. Mr. Alzaibak seconded the motion. The motion was unanimous. Voting in favor of the motion were: Mr. Collins, Ms. Taylor Humphrey, Mr. Jackson, Mr. Alzaibak, and Ms. Hilton.
Ms. Hilton made a motion to reappoint Mr. David Collins as Vice Chairman of the Board. Mr. Jackson seconded the motion. The motion was unanimous. Voting in favor of the motion were: Mr. Collins, Ms. Taylor Humphrey, Mr. Jackson, Mr. Alzaibak, and Ms. Hilton.
Ms. Hilton made a motion to reappoint Ms. Wendy Taylor Humphrey as Secretary of the Board. Mr. Alzaibak seconded the motion. The motion was unanimous. Voting in favor of the motion were: Mr. Collins, Ms. Taylor Humphrey, Mr. Jackson, Mr. Alzaibak, and Ms. Hilton.
5) Adjournment
Mr. Alzaibak made a motion to adjourn the meeting at 7:32 p.m. (Whereupon the Zoning Board of Review meeting ended at 7:32 p.m.)
Submitted by: Tara Ferreira Approval Date: December 7, 2022 Tara Ferreira