TOWN OF TIVERTON
ZONING BOARD OF REVIEW MINUTES AUGUST 2, 2023
The following petitions were received and heard by the Tiverton Zoning Board of Review on Wednesday, August 2, 2023 at 7:00 p.m.
Members present: Chairwoman Lise Gescheidt, Vice Chairman David Collins, Mr. John Jackson, Mr. George Alzaibak, and Mr. Edwin Schober.
Also present were: Mr. Todd Romano, Esq., Town Solicitor, Mr. John Hoyle Jr., Tiverton 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 7:30 p.m.
2) Considering of the following applications: Continued from July 5, 2023 2a) Dimensional Variance:
A petition has been filed by William M. Dorsch, 2 Williams Street,
Providence, RI 02903 for a Dimensional Variance at 15 Point View Drive, Tiverton, RI 02878 (Plat 804-Lot 122) located in the R-80 Zoning District to seek front and side yard setback relief. Applicants are proposing to remove the existing front steps and replace them with new front steps and a covered entryway. At the closest point, the new steps will be 29.4 feet from the front lot line. The new construction on the front of the residence will go no closer to the front lot line than the existing construction to be replaced. This requires a front setback variance of 20.6 feet. Also reconstructing the existing side deck to reduce the side setback nonconformity from 29.9 feet to
34.7 feet. Under the ordinary setback in the R-80 zone, this would require a variance of 0.03 feet. However, if the reduction in Article VII, Section 4(b) is allowed, no side yard setback variance is required. No other relief is requested or required.
DECISION: Ellen Dorsch, owner, and Peter Skwirz, Esq., appeared before the Board on behalf of the petition. The applicants were sworn in.
Mark Plympton, of 12 Point View Drive expressed support for the petition.
Mr. Skwirz explained that the project was necessary to update and improve access to the dwelling, it would have no negative impact on the surrounding properties, and it would not alter the character of the neighborhood.
Mr. Collins asked why the stairs were being replaced. Mrs. Dorsch replied that the steps were narrow, old and in need of repair.
The Chairwoman asked for public comment. The Board took no further input from the applicants and there were no comments from the audience. The Chairwoman closed the public hearing.
The Chairwoman made a motion to approve the proposal because the property was a pre-existing substandard lot of record, the request was of no fault of the applicant, and the proposal did not encroach beyond the existing footprint. Mr.
Alzaibak seconded the motion. The motion was unanimous. Voting in favor of the motion were: Ms. Gescheidt, Mr. Collins, Mr. Jackson, Mr. Alzaibak, and Mr.
Schober.
2b) Dimensional Variance:
A petition has been filed by Westall Deane, 307 Highland Road, Tiverton, RI 02878 for a Dimensional Variance at 785 Main Road, Tiverton, RI 02878 (Plat 117-Lot 223) located in the Neighborhood Business (NB) Zoning District to seek front yard setback relief. Dimensional Regulations for the Neighborhood Business District require a 25 foot front yard setback. This application is submitted to request a reduction to this setback. We request a setback of 16 feet. Article 5, Section 1 of the Zoning Ordinance.
DECISION: Mallory Demty of Highland Builders, appeared before the Board on behalf of the petition. The applicant was sworn in.
Ms. Demty was conditionally qualified as a representative, subject to her filing a corporate authorization which was received by the Board.
Ms. Demty stated that the property was a pre-existing nonconforming vacant lot, and in order to improve the aesthetics by request of the Planning Board the project was altered to require a nine (9) foot variance for the front yard setback. Ms.
Demty explained that there were five (5) parking spots proposed and this was reviewed and approved by Mr. Hoyle.
The Chairwoman opined that the development would look better than the current state of the lot.
Mr. Collins inquired if the proposal consisted of an office building and whether construction equipment would be stored there. Ms. Demty responded that there would be some storage of minor shop equipment such as tools or a drill press.
Mr. Alzaibak questioned if there were any issues with the small size of the property. Mr. Hoyle replied in the negative and explained that the fire marshall was consulted regarding ingress and egress. A technical review committee (TRC) meeting had occurred and all parties involved gave a positive recommendation.
The Chairwoman asked about traffic to and from the site. Ms. Demty said that some clients may visit the property, approximately three (3) a day.
Mr. Alzaibak inquired about curb cuts. Ms. Demty responded that they already existed.
The Chairwoman asked for public comment. The Board took no further input from the applicants and there were no comments from the audience. The Chairwoman closed the public hearing.
The Chairwoman made a motion to approve the petition, grant the request for a sixteen (16) foot front yard setback, and adopt the statements of the Planning Board approval. The Planning Board had extensive consideration of the project and the applicant addressed all the standards of the ordinance. Mr. Jackson seconded the motion. The motion was unanimous. Voting in favor of the motion were: Ms.
Gescheidt, Mr. Collins, Mr. Jackson, Mr. Alzaibak, and Mr. Schober.
3) Adjournment
Mr. Alzaibak 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: November 1, 2023 Tara Ferreira