TOWN OF TIVERTON
ZONING BOARD OF REVIEW MINUTES SEPTEMBER 6, 2023
The following petitions were received and heard by the Tiverton Zoning Board of Review on Wednesday, September 6, 2023 at 7:00 p.m.
Members present: Chairwoman Lise Gescheidt, Vice Chairman David Collins, Mr. John Jackson, Ms. Jennifer Hilton-Cavanagh, and Mr. Edwin Schober.
Also present were: Mr. Michael Marcello, Esq., Town Solicitor, Mr. John Hoyle Jr., Tiverton 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 7:03 p.m.
2) Considering of the following applications:
2a) Dimensional Variance:
A petition has been filed by Tiverton LLC, 648 Roxbury PKWY, Roslindale, MA 02131 for a dimensional Variance at 196 Bulgarmarsh Road, Tiverton, RI 02878 (Plat 310- Lot 148) located in the R-40 Zoning District to seek to modify a three unit, two bedroom floor plan to a six unit, one bedroom floor plan. There will be zero changes to the exterior of the building.
Non-conforming development enlargement or alteration, Article XIV. Grounds for variance, Article XIV, Section 5,7. The modification of two bedroom units to one bedroom units may be an enlargement or a change of use requiring a variance and additional finding of less non desirability.
DECISION: Luan Vokshi, owner, and Cort Chappell, Esq., appeared before the Board on behalf of the petition. The applicants were sworn in.
Mr. Chappell explained that the property held a pre-existing nonconforming
multi-family use and the petitioner sought to modify the plan from three (3) two (2) bedroom units to six (6) one (1) bedroom units. Neither the building nor septic
system would be enlarged, and the fire sprinklers were adequate for six (6) units. One (1) bedroom units would be easier to manage and would maintain a quiet, professional space.
The Chairwoman opined that if the building wasn’t being altered she didn’t see an intensification of use. Mr. Marcello considered doubling the number of rental units as an intensification of use.
Mr. Chappell noted it would be more than a mere inconvenience if the petition were not granted.
Mr. Vokshi said that one (1) bedroom units would be easier to rent and already had some single people inquiring about the rentals.
Mr. Hoyle stated that he did not want to make a decision on the matter without consulting the Board.
The Chairwoman asked for public comment.
Mr. Jackson asked about parking. Mr. Chappell replied there was more than adequate parking, with at least six (6) parking spaces. Mr. Jackson inquired about traffic circulation and curb cuts. Mr. Vokshi responded that there were three (3) existing curb cuts on Bulgarmarsh Road.
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 mentioned that no one could tell from the outside of the building how many units would be contained inside. Mr. Jackson stated that the new building was attractive and he was not opposed to the petition.
The Chairwoman made a motion to approve the proposal because the special condition of a pre-existing nonconforming use existed, there would be no alteration to the property, the petition was not contrary to the public interest, and would not alter the general characteristic of the neighborhood, the proposal was in line with the existing housing shortage, the units would be more affordable, the septic system would remain the same, and the request was of no fault of the applicant.
Mr. Collins seconded the motion. The motion was unanimous. Voting in favor of
the motion were: Ms. Gescheidt, Mr. Collins, Mr. Jackson, Ms. Hilton-Cavanagh, and Mr. Schober.
2b) Dimensional Variance:
A petition has been filed by Eva Longobardi, 575 Nanaquaket Road, Tiverton, RI 02878 for a Dimensional Variance at 575 Nanaquaket Road (Plat 404-Lot 101) located in the R-80 Zoning District seeking to build a 30x36 agricultural barn with a 10x30 overhang which exceeds the 844 square feet for an accessory structure. The building is under the height for a primary structure but over that set for an accessory building. Article VI, Section a. requiring accessory structures not exceed 864 square feet.
Grounds for variance, Article VI, Section a. Applicant needs a 36x30 structure to house the number of stalls, tack room and storage area for a small barn. The request is the least relief necessary and to deny the same would be more than a mere inconvenience.
DECISION: Eva Longobardi, owner, and Cort Chappell, Esq., appeared before the Board on behalf of the petition. The applicants were sworn in.
Mr. Chappell explained that the property was farmland and subject to the farm, forest, and open space act. The proposal consisted of a thirty-six by thirty (36x30) foot barn with a ten by thirty (10x30) foot overhang so horses can be outside but sheltered by the overhang.
The Chairwoman asked how many horses Ms. Longobardi owned. Ms. Longobardi replied that she currently had one (1) and planned to get a second horse. She required three (3) stalls, a tack room, and hay storage.
The Chairwoman asked for public comment.
Marc Pfeiffer, of 20 South Ct. asked about the location of the barn. After review of the plan he was satisfied with the design and had no objection.
Mr. Jackson asked if it would be used only as a barn and not as an apartment or dwelling unit. Mr. Chappell replied in the negative. Ms. Longobardi stated that there would be no bathroom or heating, no electricity other than lighting, and the top floor would be used as a hay loft.
Sharon O’Sullivan, of 47 South Ct., asked whether there was any intention of commercial usage such as training or boarding of horses. Ms. Longobardi replied in the negative.
The Board took no further input from the applicants and there were no comments from the audience. The Chairwoman closed the public hearing.
Ms. Hilton-Cavanagh made a motion to approve the petition because it was not contrary to the public interest, would not alter the general characteristic of the neighborhood, and the request was of no fault of the applicant. Mr. Schober seconded the motion. The motion was unanimous. Voting in favor of the motion were: Ms. Gescheidt, Mr. Collins, Mr. Jackson, Ms. Hilton-Cavanagh, and Mr. Schober.
2c) Dimensional Variance
A petition has been filed by Mitchell P. Morin and Olivia Maxwell, 104 Blueberry Lane, Tiverton, RI 02878 for a Dimensional Variance at 104 Blueberry Lane (Plat 516-Lot 146) located in the R-80 Zoning District seeking to construct a detached 34x30 garage. . Article VI, Section a. requiring accessory structures not exceed 864 square feet. Grounds for variance: per applicant, “will be discussed at the public hearing”
DECISION: Olivia Maxwell Morin and Mitchell Morin, owners, and Donald Medeiros appeared before the Board on behalf of the petition. The applicants were sworn in.
Mr. Medeiros stated that the owners desired to build a garage and no other relief was necessary including lot coverage.
The Chairwoman asked if the garage would be visible from the street. Mr. Medeiros replied that he didn’t think so, there would be approximately fifty (50) to sixty (60) feet of vegetative buffer from the road.
The Chairwoman inquired why a garage was needed. Ms. Maxwell Morin responded for storage purposes, and to park the cars during bad weather. Mr. Morin added that lawn equipment would be kept in the garage as well as the cars.
The Chairwoman asked if anyone would live in the garage. Mr. Morin replied in the negative.
Mr. Jackson inquired about rain runoff. Mr. Medeiros said that two (2) rain gardens would be included for roof run-off according to the RI Department of Environmental Management standards.
The Chairwoman asked for public comment.
Mr. Medeiros stated that special circumstances existed, the proposal was not contrary to the public interest, it would be an unnecessary hardship if not approved, it was consistent with the comprehensive plan, and the least relief necessary was being requested.
The Chairwoman mentioned for the record that three (3) exhibits were admitted during the hearing.
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 grant the variance because special circumstances existed, the proposal was not contrary to the public interest, it would be an unnecessary hardship if not approved, it was consistent with the comprehensive plan, and the least relief necessary was being requested. Mr. Collins seconded the motion. The motion was unanimous. Voting in favor of the motion were: Ms. Gescheidt, Mr. Collins, Mr. Jackson, Ms. Hilton-Cavanagh, and Mr.
Schober.
3) Discussion and selection of Zoning Board of Review member to serve on Town Council Zoning Review Committee, request for volunteer or selection.
Ms. Hilton-Cavanagh would serve on the Town Council Zoning Review Committee.
4) Approval of draft minutes from meetings: June 7, 2023 and June 29, 2023.
Mr. Jackson made a motion to approve both sets of minutes. The Chairwoman seconded the motion. The motion was unanimous. Voting in favor of the motion were: Ms. Gescheidt, Mr. Collins, Mr. Jackson, Ms. Hilton-Cavanagh, and Mr. Schober.
5) Executive Session
The Zoning Board may vote to go into Executive Session pursuant to RIGL 42-46-5(a)(2) for an update and discussion only of the following matter:
a. Highland Ridge Farm LLC v. Town of Tiverton Zoning Brd et. al.
(NC-2023-0260) – an appeal of the decision of the Tiverton Zoning Board filed on July 19, 2023.
The Board discussed the possibility of entering into Executive Session but did not actually do so.
Mr. Marcello explained that quarrying activities were stayed and could not continue until a judgment was expected on September 15.
6) Adjournment
The Chairwoman made a motion to adjourn the meeting at 8:01 p.m. (Whereupon the Zoning Board of Review meeting ended at 8:01 p.m.)
Submitted by: Tara Ferreira Approval Date: January 10, 2024 Tara Ferreira