TOWN OF TIVERTON

ZONING BOARD OF REVIEW MINUTES JANUARY 4, 2023

The following petitions were received and heard by the Tiverton Zoning Board of Review on Wednesday, January 4, 2023 at 7:00 p.m.

 

Members present: Chairwoman Lise Gescheidt, Vice Chairman David Collins, Ms. Wendy Taylor Humphrey, Mr. John Jackson, Mr. George Alzaibak, Ms. Jennifer Hilton-Cavanagh (first alternate), and Mr. Edwin Schober (second alternate).

 

Also present were: Mr. Michael Marcello, Esq., Town Solicitor, 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 Alfred A. Sousa, 51 King Road, Tiverton, RI 02878 for a Dimensional Variance at 51 King Road, Tiverton, RI 02878 (Plat 516-Lot 107) in a R-80 Zoning District to seek relief pursuant to Article V section 1 Lot Width Dimensional Table, requiring that the lots be 200 feet wide at the front yard setback of the proposed property/lot. Lot A width variance 168 where 200 is required and Lot B width variance 191 where 200 is required. Grounds for variance Article XVII, Section 2.

 

DECISION: Alfred A. Sousa, owner, and Cort Chappell Esq., of Chappell & Chappell appeared before the Board on behalf of the petition. The applicants were sworn in.

 

Mr. Chappell explained that the applicant was proposing to subdivide the subject property into two (2) lots. The Tiverton Planning Board (PB) had reviewed the plan and determined that the property met the requirements to subdivide, but would result in irregular shaped lots. The PB suggested obtaining zoning relief regarding

frontage in order to create two (2) lots with straight lot lines. The proposed lots fit in with the surrounding neighborhood, and an irregular shaped lot would constitute more than a mere inconvenience for the property owner.

 

Mr. Collins inquired specifically as to what relief was being requested. Mr. Chappell replied that a dwelling is required to be two-hundred (200) feet from the road, and Lot A needed thirty-two (32) feet of relief while Lot B needed nine (9) feet of relief.

 

Mr. Sousa said that there was a solar farm on Brayton Road, and the house on that property would be preserved and relocated to his lot. The Chairwoman asked what was currently on the subject property. Mr. Chappell replied that a house and some sheds were on the property. He mentioned that the PB required identification of everything on the property and determined that all side yard variances were acceptable.

 

Mr. Alzaibak inquired about clearing the property. Mr. Sousa responded that the property would be cleared.

 

Elizabeth St Ours, of 101 Blueberry Lane was sworn in. She said that the community on Blueberry Lane was small and quiet, and the right of way should not be for personal use. She was concerned about a potential solar development on the subject property.

 

The Chairwoman asked if there were any plans for a solar development. Mr. Sousa replied in the negative. Mr. Alzaibak inquired if the lots were landlocked. Mr.

Chappell responded in the negative.

 

Mr. Marcello pointed out that the applicant had the right to subdivide without the variance.

 

Ms. Taylor Humphrey inquired if the solar farm on Brayton Road was owned by the applicant. Mr. Sousa replied that he did not personally own the property, but it was owned by his family. Ms. Taylor Humphrey was concerned that moving the house from the Brayton Road property to the subject property so a for-profit solar development could be built on Brayton Road did not fully meet the requirement that the hardship was of no fault to the applicant. Mr. Chappell replied that the applicant could subdivide by right, so this was not the only and sole driving factor for the application for relief.

 

Margaret Brinko, of 65 King Road was sworn in. She said she lived next door to the subject property and would be most affected by the proposal.

 

The Chairwoman asked why the applicant was concerned about the lot lines. Mr. Sousa replied because of fencing and the PB’s recommendation. Mr. Chappell mentioned that mowing the lawn could be problematic if the lot lines were irregular.

 

Reed Christenson, of 135 Blueberry Lane was sworn in. He said he lived near the right of way and it had recently been cleared. The Chairwoman asked if this was a part of the subject property. Mr. Christenson replied that the location that was cleared was on the access road. Mr. Chappell responded that a survey had been done. Mr. Sousa stated that he would periodically re-stake and maintain the property boundaries.

 

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. Chappell said that there were no plans for a solar farm or new development on proposed Lot B except for the house to be relocated.

 

Mr. Collins opined that it made sense to keep the lot lines straight. Ms.

Hilton-Cavanagh acknowledged the public concerns but determined them to be irrelevant. The Chairwoman stated that if the relief was not granted the property owner was able to subdivide anyway. Ms. Taylor Humphrey said that the result would be either straight or crooked lot lines, and expressed appreciation for the public comments. Mr. Alzaibak’s only concern was that the property be cleaned up.

 

Mr. Collins made a motion to grant the request for relief based on the grounds that there would be no negative impact on the Town, the house would be relocated either way, and the PB was in support of the proposal. The Chairwoman included that the applicant did not apply for relief for economic reasons, and no one would be adversely affected. Mr. Alzaibak seconded the motion. The motion was unanimous. Voting in favor of the motion were: Ms. Gescheidt, Mr. Collins, Ms.

Taylor Humphrey, Mr. Jackson, and Mr. Alzaibak.

 

3)   Adjournment

The meeting adjourned at 8:00 p.m.

 

(Whereupon the Zoning Board of Review meeting ended at 8:00 p.m.)

 

 

Submitted by: Tara Ferreira                                  Approval Date: June 7, 2023    Tara Ferreira