T o w n o f P o r t s m o u t h Z O N I N G B O A R D O F R E V I E W 2200 East Main Road / Portsmouth, Rhode Island 02871 www.portsmouthri.com (401) 683-3611
OCTOBER 15, 2015
MEMBERS PRESENT: Mr. James Edwards, Chair, Mr. James Nott, Vice-Chair, Mr. James Sherrod, Secretary, Mr. John Borden, Mr. Allen Shers, First Alternate and Ms. Kathlee n Pavlakis Second Alternate.
MEMBERS ABSENT: Mr. James Hall.
OTHERS PRESENT: Town Solicitor Kevin Gavin was present as legal counsel for the Board, Building Official George Medeiros, and Barbara Ripa as recording secretary.
Mr. Edwards opened the meeting at 7:00 p.m.
I. MINUTES:
The minutes of the September 17, 2015 regular meeting were presented for approval.
A motion was made by Mr. Shers and seconded by Mr. Borden to accept the minutes as presented. The motion carried with all in favor, except for Mr. Nott who abstained from voting due to his absence from the meeting.
II. CHAIRMAN’S REPORT:
Mr. Edwards welcomed new Board member Kathleen Pavlakis who the Town Council appointed to the Board as second alternate. The Council elevated Mr. Shers to first alternate.
Attorney David Martland, Silva, Thomas, Martland & Offenberg, Ltd., 1100 Aquidneck Avenue, Middletown, R I represented Greenvale Farm, LLC (Continued Business 3.). Mr. M artland said that due to the unavailability of witnesses he would request a continuance on this petition and he would also suggest that a special hearing for this petition may be appropriate.
A motion was made by Mr. Nott and seconded by Mr. Borden to schedule a special meeting to hear the petition of Greenvale Farm, LLC on November 5, 2015 at 7:00 p.m. The motion carried with all in favor.
III. CONTINUED BUSINESS:
1. (TC) A petition by Daniel Keating (applicant) & Pearce Anthony Farm LLC (owner) 2503 East Main Road, Portsmouth, RI for a special use permit to allow a new retail business on tax assessor’s map 36, lot 14, Art V, Sec E.1 & 14. 1 of 10 Zoning Board of Review October 15, 2015
Mr. Edwards recused himself from this petition as he is an abutter. Mr. Nott chaired the petition.
Attorney Kenneth Tremblay, 181 Chase Road represented Daniel Keating (applicant) and Pearce Anthony Farm LLC (owner). The property runs from East Main Road to the Sakonnet River and a portion of the property outside the Town Center zone will be an orchard. Bill Clark, the Business Development Director, wrote a letter to the Zoning Board in favor of the petition and the Planning Board unanimously voted on a favorable advisory opinion. The Fire Department approval is all set but the road cut approval from the RI Department of Transportation and the Department of Environmental Management for the OWTS plan and storm water plan has not been received. Approval for the petition is contingent on approval from these departments.
Dan Keating, 2503 East Main Road was sworn in. Mr. Keating described the activities on the farm – there is one rental house and one house he lives in with his family; he trains and boards horses on the farm. He wants to grow dwarf trees for cider. There is 2 ¼ acres at the top that is in the Town Center zone and 18 acres that is in a conservation easement. Twenty-two acres altogether. He will have a 40’ x 80’ barn-inspired structure and would vend and store sweet and hard cider. In addition, he plans a tasting room, and would have cheese, honey and Aquidneck Island style products. The building was approved by the Design Review Board.
Discussion took place on the waste product of the apples, which is referred to as “pumice.” Mr. Keating said it is a highly nutritional by-product and would be stored in containers and fed to animals. It is a dry product.
The building would be used for approximately 2/3 storage and 1/3 selling.
Derek Hopkins, PE, 3102 East Main Road, Narragansett Engineering spoke on the project. Although Mr. Hopkins did not have a resume to submit to the Board, he reported his credentials.
A motion was made by Mr. Borden and seconded by Mr. Sherrod to recognize Mr. Hopkins as an expert in the field of civil engineering. The motion carried with all in favor.
Mr. Hopkins stated that the plan is to replace the two existing curb cuts with one curb cut, and the storm water management plan will catch the entire site to an underground detention system that will lead to the DOT East Main Road system. They designed the location of the building to meet all setbacks. The lighting designed by him and the architect will be dark sky compliant and there will be no seepage across the property lines. The lighting plan conforms with the Design Review Board’s recommendations.
There is no traffic expert. There is only 9 parking spaces in the plan , due to the amount of traffic they expect. They do not expect the project to impact traffic. The lot is approximately op posite Rite Aid and Atria. The largest vehicle expected an 18-wheel vehicle and they expect it to be able pull in and maneuver safely.
Neal Hingorany, 104 Dighton Avenue was sworn in. Mr. Hingorany said there is a large grass area that can be utilized for overflow parking. There will also be an enclosed area for refuse near the loading ramp. 2 of 10 Zoning Board of Review October 15, 2015
Keith Roberts, 14 Sunset Lane, Dartmouth, Massachusetts was sworn in. Mr. Roberts is an expert in real estate appraisal.
A motion was made by Mr. Shers and seconded by Mr. Borden to accept Keith Roberts as an expert in the field of real estate appraisal. The motion carried with all in favor.
Mr. Roberts submitted a report to the Board with his conclusions and his qualifications. That report is included in the file. He concluded that the project conforms to the Comprehensive Plan and Zoning Ordinance, and meets the special use permit criteria.
Mr. Nott called for abutters or interested parties.
Tom Pietraszek, 34 Edwards Drive spoke about his concerns about remnants of the apples due to his experience with where the manure is currently being dumped.
Bill Clark, 381 Bramans Lane, Director of Business Development for the Town stated that he supports the project. The Board has his letter of support in the file.
Mr. Tremblay said that his client has no objection to a condition being placed on the project that will have the manure pile be re located to the center of the property rather than where it is currently located closer to Edwards Drive. The pumice is valuable and nutritive and will not be dumped.
It was determined that 12-13 parking spaces are required for this petition.
A motion was made by Mr. Borden and seconded by Mr. Sherrod to have the following conditions imposed if the petition is passed:
1. If the curb cut is not approved as indicated on the submitted plan, the petitioner must come back before the Planning Board and Zoning Board of Review.
2. All recommendations of the Design Review Board in their Advisory Opinion apply to this petition.
3. The existing dump area near Edwards Drive must be relocated 200’ from the nearest abutter.
4. The dumpster area must be fenced and enclosed.
The four conditions placed on the property were passed with all in favor.
Mr. Borden: Approve:
Mr. Keating is seeking special use permit relief in Town Center zone. This could be the second petition of Town Center zoning considered. This is a perfect example of mixed use and agricultural use in the Comprehensive Plan. It is not a nuisance or hazard to any
3 of 10 Zoning Board of Review October 15, 2015 abutter. For a 22 acre site in a traffic sensitive area, it’s a perfect use for this property. They will eliminate one curb cut. The level of service won’t be changed. It meets the Comprehensive Community Plan. It is excellent use of the property and I approve.
Mr. Sherrod: Approve:
I agree with Mr. Borden and the four conditions have been placed on the petition to accommodate the abutters.
Mr. Shers: Deny.
I believe that testimony has been given that this is manufacturing and manufacturing is not allowed in Town Center.
Ms. Pavlakis: Approve:
It appears to be positive for the Town, so I approve.
Mr. Nott: Approve:
I believe it meets all special use permit criteria. I agree with Mr. Borden. I believe agricultural production is different from manufacturing and I approve.
The Board took a break at 8:17 p.m. The Board was called back to order at 8:19 p.m.
Mr. Edwards took his seat as chair.
2. (R) A petition by Edward Demerest, 1190 Anthony Rd, Portsmouth, RI for a variance and a special use permit to construct a deck and stairs closer to property line and would exceed allowable lot coverage on tax assessor’s map 1, lot 36 Art IV, Sec B & Art VI, Sec A.
Edward Demerest, 1190 Anthony Road had already been sworn in. Mr. Demerest has a new septic system that has damaged the contour of his back yard so that it prevents him from enjoying his back yard. He would like a deck that he will access via a door on the south side of his house. Mr. Demerest asked for a modification from his original petition.
A motion was made by Mr. Nott and seconded by Mr. Borden to allow Edward Demerest to modify his petition to ask for a lot coverage variance of 28.6%, an 8’6’ rear yard setback variance on the west and a 4’ side yard setback variance on the north. The motion carried with all in favor.
Mr. Demerest said the installation of his septic system caused a hardship because nothing is flat in the back yard except for the advanced filter system. Mr. Edwards went through the special use permit criteria with Mr. Demerest and Mr. Demerest testified that his petition met all criteria. 4 of 10 Zoning Board of Review October 15, 2015
He has no other deck.
Mr. Edwards called for abutters or interested parties. There were none.
Mr. Nott: Approve/Approve:
Edward Demerest, 1190 Anthony Road, is here for map 1, lot 36 looking for dimensional variances and a special use permit to put a deck on his property. Has the petitioner sought the least relief necessary? He had to put in a new septic system to meet the State’s requirements. He is asking 8.6% for a lot coverage variance, which is decreased from previous, so I believe it is the least relief necessary. My vote is to approve the dimensional variances , and to deny would deny him the reasonable enjoyment of his property, so I vote to approve. I also vote to approve the special use permit.
Mr. Sherrod: Approve/Approve:
I agree with Mr. Nott, he has decreased steps to be more in conformance with zoning, so I vote to approve both the dimensional variances and the special use permit.
Mr. Borden: Approve/Approve:
A deck is a permitted accessory use . To deny would be more than a mere inconvenience. The lot is small so for reasons given by Mr. Nott I vote to approve both.
Mr. Shers: Approve/Approve.
I approve both for reasons given by previous Board members.
Mr. Edwards: Approve/Approve:
You are now more in conformance and we appreciate that you had a survey done. It is the least relief necessary and it would amount to more than a mere inconvenience to deny, so I vote to approve the variances and the special use permit.
4. (R) A petition by Edward Ferreira, 447 Bristol Ferry Rd, Portsmouth, RI for a variance and a special use permit to construct a swimming pool closer to property line than zoning allows on tax assessor’s map 18, lot 12-D, Art IV, Sec B.
Edward Ferreira, 447 Bristol Ferry Road was sworn in. Mr. Ferreira said that he would like to install an in-ground pool and had previously put down that he needed a 15’ front yard variance and a 15’ side yard variance, but he does not need the side yard variance because it is actually the front. The Board reminded him he would need a 6’ fence surrounding the pool. Mr. Edwards went through all the special use permit criteria with Mr. Ferreira and he testified it met all the criteria.
Mr. Edwards called for abutters or interested parties. There were none. 5 of 10 Zoning Board of Review October 15, 2015
Mr. Nott: Approve:
Edward Ferreira, 447 Bristol Ferry Road, is here for map 18, lot 12. The lot is on Mello Terrace, which is not a town road. There is adequate room on the lot. The pool has to be far enough away from the leach field and there is really no other place to put it. It is more than a mere inconvenience, because of this, so I vote to approve the dimensional variance.
Mr. Sherrod: Approve:
I agree with Mr. Nott, there’s no other place the pool can go, so I vote to approve.
Mr. Borden: Approve:
A pool is a reasonable request and he’s got a reasonable amount of room on his lot. All the criterion for relief has been met and I approve.
Mr. Shers: Approve.
It has been well stated and the Board has seen the situation on the lot, so I vote to approve.
Mr. Edwards: Approve:
For reasons previously stated, the chair also agrees and approves the dimensional variances.
IV. NEW BUSINESS
1. (R) A petition by Allison Rock, Chippaquasett Road, Prudence, RI for a variance and a special use permit to allow a dwelling to be constructed on a lot that does not front on a public way on tax assessor’s map 83, lot 12G, Art III, Sect D.2 & Art VI, Sec A.
Allison Rock, 136 Washington Road, Barrington, RI was sworn in. She stated that because there are few town accepted roads on Prudence Island, this lot does not front on a public road, requiring a special use permit. It meets all other requirements of the Zoning Ordinance. Mr. Edwards discussed the special use permit criteria with Ms. Rock and she testified it met all the special use permit criteria.
Mr. Edwards called for abutters or interested parties. There were none.
Mr. Nott: Approve/Approve:
Allison Rock, Chippaquasett Road, Prudence Island, is here for map 83, lot 12G. There are no public roads on Prudence Island. To deny would be to deny the applicant the beneficial use of her property, so I vote to approve. She needs a dimensional variance and a special use permit because she does not have road frontage and because she would like to build on a lot that does not front on a public road. She testified that it met all the special use permit criteria, so I approve. 6 of 10 Zoning Board of Review October 15, 2015
Mr. Sherrod: Approve/Approve:
I agree with Mr. Nott and I also vote to approve both.
Mr. Borden: Approve/Approve:
There are no public roads. It is more than a mere inconvenience. I vote to approve both.
Ms. Pavlakis: Approve/Approve.
For all the above mentioned reasons, I approve.
Mr. Edwards: Approve/Approve:
To deny this petition would deny her the use of her property, so I vote to approve both.
2. (R) A petition by Tom Kelly, 435 Wapping Road, Portsmouth, RI for a variance and a special use permit to allow a garage closer to property line than zoning allows on tax assessor’s map 65, lot 9, Art IV, Sec B & Art VI, Sec A.
Tom Kelly, 435 Wapping Road was sworn in. Mr. Kelly stated that the existing garage is not accessible due to the septic placement and he would like to replace it He was previously granted approval to install a forward-facing 18’ x 20’ garage, but realized that it was too small, so he is back before the Board requesting the same thing except it will be 18’ x 24’. He is constrained by the configuration of the lot and the septic and is trying to match up to the house. He needs a 12’ side yard setback on the north side. He went through the special use permit criteria with Mr. Edwards.
Mr. Nott: Approve/Approve:
Mr. Kelly has met all the special use permit criteria per his testimony. I’ve read the Board of Review decision from his file and nothing substantial has changed. The variance he is seeking now is the same and for all the reasons stated in the previous decision, I approve both.
Mr. Sherrod: Approve/Approve:
The garage he is requesting is modest. I agree with Mr. Nott and I vote to approve both.
Mr. Borden: Approve/Approve:
I sat on the original petition and I remember. An 8’ setback is reasonable. He will eliminate the existing garage. It is a reasonable request and I vote to approve both.
Mr. Shers: Approve/Approve.
I approve both the special use permit and the dimensional variance for reasons previously given. 7 of 10 Zoning Board of Review October 15, 2015
Mr. Edwards: Approve/Approve:
It is a modest garage and a reasonable request and the chair votes to approve the dimensional variance and the special use permit.
3. (R) A petition by The Finishing Touch (applicant) & Tim French (owner) 133 Mussel Bed Shoal Road, Portsmouth, RI for a variance and a special use permit to allow a third story on existing dwelling on tax assessor’s map 6, lot 5, Art IV, Sec B & Art VI, Sec A.
Mr. Borden recused himself from this petition as he has a financial relationship with The Finishing Touch.
Jim Standish, 7 E ast Banker Street, Jamestown, RI has a letter from Tim French authorizing him to represent him tonight.
Mr. Standish stated that the dormer they are requesting is more than 50% of the existing roof on the west elevation only. It will not show from the road side of the house. They will stay within the 35’ height requirement. It is for a rumpus room for the grandchildren. He believes there is precedence in the neighborhood for this type of dormer.
Mr. Edwards called for abutters or interested parties.
Linda Goutie, 72 Longmeadow Road, said that she owns property at 125 Mussell Bed Shoal Road and that this house is already a monstrosity and there’s contention with the property line.
Mr. Edwards reviewed special use permit criteria with Mr. Standish and he testified that it would meet all criteria.
Mr. Nott: Approve/Approve:
The Finishing Touch, represented by Jim Standish is here seeking a special use permit and a dimensional variance for a third floor dormer. I approve the special use permit. Regarding the third story – this has been presented as a salt box, it’s a reasonable request, to deny would amount to more than a mere inconvenience, so I vote to approve.
Mr. Sherrod: Approve/Approve:
I agree with Mr. Nott. I vote to approve both for reasons previously stated.
Ms. Pavlakis: Approve/Approve:
I also agree with Mr. Nott and I vote to approve both for reasons previously stated.
Mr. Shers: Approve/Approve.
I agree with Mr. Nott and vote to approve for reasons previously stated. 8 of 10 Zoning Board of Review October 15, 2015
Mr. Edwards: Approve/Approve:
The chair also agrees with Mr. Nott and votes to approve.
Mr. Borden resumed his seat with the Board.
4. (R ) A petition by Andrew Vanier, 187 Seaconnet Blvd , Portsmouth, RI for a variance and a special use permit to construct a handicapped ramp which would exceed allowable lot coverage on tax assessor’s map 21, lot 111, Art IV, Sec B & Art VI, Sec A.
Andrew Vanier, 187 Seaconnet Blvd, was sworn in. Mr. Vanier stated that he wants to install a handicap ramp for an elderly dad and a disabled brother in law. Mr. Edwards reviewed the special use permit criteria with him and he testified it would meet all criteria.
Mr. Edwards called for abutters or interested parties. There were none.
Mr. Nott: Approve/Approve:
They will be at 26% lot coverage and need a special use permit so he can install a handicap ramp. This amounts to more than a mere inconvenience. I approve both. I hope the town would modify the ordinance so people don’t have to come before the Board for handicap ramps.
Mr. Sherrod: Approve/Approve:
I agree with Mr. Nott. It is the least relief necessary and I approve.
Mr. Borden: Approve/Approve:
It would amount to more than a mere inconvenience not to allow this; a hardship has definitely been met. I approve both.
Mr. Shers: Approve/Approve.
I vote to approve both applied for.
Mr. Edwards: Approve/Approve:
The chair votes to approve. It is the least relief necessary.
5. (R) A petition by Scott Nastahowski, 37 Marine Ave, Portsmouth, RI for a variance to construct an addition closer to property lines than zoning allows on tax assessor map 20, lot 123, Art IV, Sec B.
Tom Principe, PE, 29 Silver Beech Road, Tiverton was present to represent Scott Nastahowski, however there was no letter from the owner authorizing him to do so.
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Mr. Principe said that it’s the last house on Marine Avenue. Scott purchased it within the year. Mr. Principe described the OWTS and said that it has been installed. He stated that there are structural and aesthetic issues with the house.
They are looking for front setback relief of 16.3’ and would also l ike to put a porch on the house. The also require a 5’3” setback for the garage.
A motion was made by Mr. Borden and seconded by Mr. Sh ers that any decision be conditioned up on the Town receiving a notarized letter from the owner authorizing Mr. Principe to speak on his behalf. The motion carried with all in favor.
Mr. Nott: Approve/Approve:
He is requesting two front yard dimensional variances for the porch and garage on his property. It seems excessive due to the 16.3’ front yard variance request for the porch and the 4’3” request for the garage, but it is due to the unique characteristics of the lot and the shape of the lot and how the house sits on it, so I approve both the dimensional variances and the special use permit.
Mr. Sherrod: Approve/Approve:
It is the least relief necessary, so I approve the special use permit and the dimensional variance.
Mr. Pavlakis: Approve/Approve:
For reasons previously given I approve.
Mr. Shers: Approve/Approve.
I vote to approve both for reasons previously given.
Mr. Edwards: Approve/Approve:
I agree with Mr. Nott. It seems excessive, but the porch is not unreasonable. It is a unique property. I approve both.
A motion to adjourn was made by Mr. Nott and seconded by Mr. Borden . The motion carried with all in favor. The meeting was adjourned at 9:50 p.m.
Respectfully submitted,
Barbara A. Ripa, Recording Secretary
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