TOWN OF TIVERTON
ZONING BOARD OF REVIEW MINUTES FEBRUARY 1, 2023
The following petitions were received and heard by the Tiverton Zoning Board of Review on Wednesday, February 1, 2023 at 7:00 p.m.
Members present: Chairwoman Lise Gescheidt, Vice Chairman David Collins, Mr. John Jackson, Mr. George Alzaibak, Ms. Jennifer Hilton-Cavanagh, 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) Considering of the following applications:
2a) Dimensional Variance:
A petition has been filed by Kevin Labonte, 184 Russell Drive, Tiverton, RI 02878 for a Dimensional Variance at 184 Russell Drive, Tiverton, RI 02878 (Plat 112-Lot 435) in a R-30 Zoning District seeking to build a proposed new 15’ x 38’ attached garage addition to the existing dwelling. Article V, Section 1-Dimensional Regulations Table and Article VII, Section
4.b.-Applicable Dimensional Requirements. Grounds for variance Article XVII, Section 2, the existing lot is substandard by dimension. Proposed addition will increase the lot coverage to 2,478 square feet (26%) where maximum allowed coverage is 1,900 square feet (19.8%) for 578 square feet
/ 6.2% increase over the adjusted lot coverage.
DECISION: Kevin Labonte, owner, appeared before the Board on behalf of the petition. The applicant was sworn in.
Mr. Labonte was proposing to replace his existing one (1) car garage with a two (2) car garage to accommodate his vehicle and have room for storage.
The Chairwoman asked if any improvements had been made to the property that increased the lot coverage. Mr. Labonte replied no, not since he purchased the property. The Chairwoman inquired if there was a financial benefit. Mr. Labonte responded in the negative. The Chairwoman asked if the least relief necessary was being requested. Mr. Labonte said yes, the proposed garage could have been larger.
Mr. Hoyle had already reviewed the proposal and had no issues with it.
Mr. Schober and Mr. Jackson offered no objections to the application. Mr. Alzaibak stated that the proposed garage wouldn’t look out of place and would fit in with the existing house.
Mr. Collins asked about the depth of the proposed garage. Mr. Labonte replied that the garage would be built to line up evenly with the existing house.
Ms. Hilton-Cavanagh inquired about a site plan. The Chairwoman replied that the Zoning Official provided a waiver for the site plan requirement. Mr. Marcello clarified that the waiver was issued because the setbacks would remain the same.
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.
Mr. Collins made a motion to grant the petition based on the unique nature of the substandard lot of record, the applicant proved a hardship beyond a mere inconvenience, the hardship was not a result of the applicant’s actions, there was no financial incentive, and the least relief necessary was being requested. 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 Ms.
Hilton-Cavanagh.
2b) Dimensional Variance:
A petition has been filed by Michael Ulbin, 18 Blueridge Road, Cranston, RI 02920 for a Dimensional Variance at 0 Sawdy Pond Avenue, Tiverton, RI 02878 (Plat 515-Lot 179) in a R-80 Zoning District to seek relief pursuant to Article V, Section 1 and Article V, Section 2.d. to construct a single family dwelling on an existing sub-standard lot of record that does not have street frontage on a street in the Town of Tiverton. Per dimensional regulations a
50’ front yard setback is required (0’ to the state line and 59’ to Sawdy Pond Avenue is proposed). Grounds for variance Article XVII, Section 2.
DECISION: Michael Ulbin, applicant, David Johnston, Esq., and Bill Smith, of Civil Engineering Concepts, Inc. appeared before the Board on behalf of the petition. The applicants were sworn in.
Mr. Johnston stated that the Rhode Island (RI) and Massachusetts (MA) state lines bisected the lot and a majority of the proposed improvements were in the portion of the property within RI. The lot was platted in 1950, and access was provided by Sawdy Pond Road which was in MA. He said that the proposal was not contrary to the public interest, the hardship was not due to the applicant’s actions and without relief there was no reasonable use of the land, the project was not purely for financial gain and wouldn’t alter the general character of the area, and the least relief necessary was being requested.
Mr. Smith explained that due to the fifty (50) foot wetland setback in the rear of the property the septic must be located where it was proposed. A well was proposed for the front of the property, and the current well issues were acknowledged by the Rhode Island Department of Environmental Management (RIDEM) approval. He stated that Sawdy Pond Avenue was a right of way and there was no access on Edward Avenue due to recorded restrictions.
Mr. Johnston said that due to tax assessment and development regulations it would be easier if the dwelling was built entirely in one state.
Mr. Marcello pointed out that a twenty-five (25) foot front setback was required so only twenty-five (25) feet of relief was necessary.
The Chairwoman asked for public comment.
Ann Lawrence, abutter, said that her well was five (5) feet from Sawdy Pond Avenue, and was concerned that clearing the land would create a runoff issue.
Alyson DelValle, abutter, took issue with the proximity of the proposed septic to her well. She said that RIDEM had been advised that the well was abandoned which was inaccurate.
Eli DelValle, abutter, wanted to ensure that the well on his property would be taken
care of according to the well agreement.
Kristen Tardie, abutter, said that the proposal would increase traffic on Sandy Pond Avenue which was barely maintained.
Beverly Zmuda, abutter, stated that Sawdy Pond Avenue was not in good condition and the rain would damage it. She was concerned about overcrowding in the area and her septic system.
Richard Braz, owner, explained that the neighboring well had been relocated and would be connected. He raised no objection to the well agreement.
Mr. Smith stated that all wells must be functioning for the project to move forward, and the stormwater runoff would be reviewed and approved by RIDEM’s wetlands division. The Department of Public Works (DPW) would review the stormwater maintenance plan to prevent an increase in runoff. Mr. Alzaibak questioned if the water treatment system would be located on the MA side of the property. Mr.
Smith replied in the affirmative due to the location of the septic system.
Mr. Johnston said that the stormwater maintenance system took the abutters into account, and if not for the state line no relief would be necessary.
Mr. Alzaibak questioned if the owner would commit to completing the neighboring well tie-in. Mr. Johnston replied in the affirmative.
The Board took no further input from the applicants and there were no comments from the audience. The Chairwoman closed the public hearing.
Mr. Collins considered the lot unique and the situation a hardship beyond a mere inconvenience. Ms. Hilton-Cavanagh agreed. Mr. Jackson concurred, and mentioned the location of the wetlands prevented relocation of the proposed dwelling.
The Chairwoman made a motion to grant the variance not to exceed fifty (50) feet due to the hardship of the location of the state line, the hardship was not due to the applicant’s actions and constituted more than a mere inconvenience, the project would not alter the general character of the neighborhood, and the least amount of relief was being requested. Ms. Hilton-Cavanagh seconded the motion. The motion
was unanimous. Voting in favor of the motion were: Ms. Gescheidt, Mr. Collins, Mr. Jackson, Mr. Alzaibak, and Ms. Hilton-Cavanagh.
3) Approval of the December 7, 2022 Zoning Board of Review and Zoning Board of Appeals Minutes
Mr. Collins made a motion to approve the minutes as amended. Ms.
Hilton-Cavanagh seconded the motion. The motion was unanimous. Voting in favor of the motion were: Mr. Collins, Mr. Jackson, Mr. Alzaibak, Ms.
Hilton-Cavanagh, and Mr. Schober.
4) Approval of the annual meeting schedule calendar The annual meeting schedule calendar was adopted.
5) Adjournment
Mr. Alzaibak made a motion to adjourn the meeting at 8:54 p.m. (Whereupon the Zoning Board of Review meeting ended at 8:54 p.m.)
Submitted by: Tara Ferreira Approval Date: June 7, 2023 Tara Ferreira