TOWN OF TIVERTON
ZONING BOARD OF REVIEW MINUTES MARCH 1, 2023
The following petitions were received and heard by the Tiverton Zoning Board of Review on Wednesday, March 1, 2023 at 7:05 p.m.
Members present: Chairwoman Lise Gescheidt, Ms. Wendy Taylor Humphrey, Mr. John Jackson, Mr. George Alzaibak, and Mr. Edwin Schober (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 7:05 p.m.
2) Considering of the following applications:
2a) Dimensional Variance:
A petition has been filed by Laureano Costa, 911 Fish Road, Tiverton, RI 02878 for a Dimensional Variance at 921 Fish Road, Tiverton, RI 02878 (Plat 110-Lot 126) located in the R-60 Zoning District to seek relief pursuant to Article V, District Dimension Regulations. Petitioner is subdividing a 90,352 square foot lot into two parcels of less than 60,000 square feet requiring a dimensional variance. One lot will have 162 feet in width where 175 is required.
DECISION: Laureano Costa, owner, and Cort Chappell, Esq., appeared before the Board on behalf of the petition. The applicants were sworn in.
Mr. Chappell stated that the Tiverton Planning Board (TPB) sent a letter of recommendation for the proposal. The existing trailers would be removed and each lot would have a duplex; four (4) dwelling units currently existed and four (4) were proposed. He opined that the duplexes were more compatible with the neighborhood.
Mr. Alzaibak asked if people were living in the existing trailers. Mr. Chappell
replied that permits had been acquired and the trailer had the legal right to be occupied. Mr. Alzaibak found it hard to believe that anyone could live in the trailers and pointed out that no one had in a long time. He considered the request to be for financial benefit and did not see a hardship.
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.
Ms. Taylor Humphrey thought the presentation to be clear and straightforward. She agreed with the TPB recommendation as long as the existing trailers would be removed from the property. Mr. Jackson did not have an issue because the owner did have the right to repair and use the existing trailers. The Chairwoman agreed and incorporated the TPB’s findings in their decision into the record.
The Chairwoman made a motion to grant the dimensional variance of 9,648 square foot lot size for proposed Lot A, and 20,000 square foot lot size dimensional variance, and six (6) foot frontage relief for proposed Lot B. The hardship was due to the unique general characteristic of the land and not due to any action of the applicant, the project was not mainly for financial gain, the current state of the trailers were unattractive and the duplexes would be an improvement, and the least relief necessary was being requested. Approval would be granted upon the condition that the existing trailers would be removed from the property. Mr.
Jackson seconded the motion. The motion passed 3-1. Voting in favor of the motion were: Ms. Gescheidt, Ms. Taylor Humphrey, and Mr. Jackson. Voting against the motion were: Mr. Alzaibak.
2b) Dimensional Variance:
A petition has been filed by Philip Carty, 105 Prospect Street, Providence, RI 02906 for a Dimensional Variance at 1621 Main Road, Tiverton, RI 02878 (Plat 304-Lot 167) located in the Waterfront Zoning District to seek relief pursuant to Article V, Section 1, Dimensional Use Table to construct a new 26 foot by 68 foot parking structure which will be partially located approximately 3’- 4” from its closest portion of the front property line where 10’ is required.
DECISION: Philip Carty, owner, and Cort Chappell, Esq., appeared before the Board on behalf of the petition. The applicants were sworn in.
Mr. Chappell explained that the subject property had a cottage but no one lived in it. The owner wanted parking for a neighboring property on the same side of Main Road, and was proposing to construct the parking structure on the subject property for the benefit of the neighboring property. Due to the waterfront nature of the property Coastal Resources Management (CRM) was consulted and they recommended building a parking structure. Mr. Chappell stated that the cottage could be used as a business and parking could occur by-right.
Mr. Carty stated that his only option for parking was across Main Road, and was concerned about safety in crossing the street.
The Chairwoman asked if the proposed parking structure was around the same size as the cottage. Mr. Carty replied they were approximately the same size. The Chairwoman was not in favor of the proposal.
Ms. Taylor Humphrey asked why the ten (10) foot setback could not be met. Mr. Chappell replied that the slope was steep and started about three (3) feet from the property.
Mr. Alzaibak said that parking was already available, and he saw no need to grant the petition.
The Chairwoman asked for public comment.
Joseph Medeiros, abutter, stated that the traffic in the area was dangerous, he would not want to have to cross Main Road, and had no objections to the proposal.
Barbara Martin, Neck Road, asked about the primary use of the property. Mr. Marcello replied that the cottage was the primary use.
Deb Janick, Judson Street, read a letter of objection from resident Jay Edwards. Mr. Chappell requested to formally withdraw the petition.
Mr. Jackson made a motion to grant the request for withdrawal without prejudice. Ms. Taylor Humphrey seconded the motion. The motion was unanimous. Voting in favor of the motion were: Ms. Gescheidt, Ms. Taylor Humphrey, Mr. Jackson, and Mr. Alzaibak.
3) Adjournment
Mr.Alzaibak made a motion to adjourn the meeting at 8:17 p.m. (Whereupon the Zoning Board of Review meeting ended at 8:17 p.m.)
Submitted by: Tara Ferreira Approval Date: June 7, 2023 Tara Ferreira