Town of Portsmouth OCTOBER 16, 2014

Transcription

1 Town of Portsmouth ZONING BOARD OF REVIEW 2200 East Main Road / Portsmouth, Rhode Island (401) OCTOBER 16, 2014 MEMBERS PRESENT: Mr. James Edwards, Chair, Mr. Kevin Aguiar, Mr. John Borden, Mr. Byron Hall, Mr. James Hall and Mr. James Nott. MEMBERS ABSENT: Mr. James Sherrod. 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 called the meeting to order at 7:07 p.m. I. MINUTES: There were no minutes to approve. II. CHAIRMAN S REPORT: Mr. Edwards stated that the Board needed another member. III. ELECTION OF OFFICERS: A motion was made by Mr. Borden and seconded by Mr. Nott to nominate Mr. Edwards as Chair. The motion carried with all in favor. A motion was made by Mr. Borden and seconded by Mr. Byron Hall to nominate Mr. Nott as Vice-Chair. The motion carried with all in favor. The Board tabled the position for Secretary until the next meeting. IV. CONTINUED BUSINESS: 1. (C) A petition by Jonathon Taggart (applicant) & J & B Realty LLC (owner) for a special use permit to modify condition # E in Ordinance A to allow a curb cut on Crossing Court, tax assessor s map 41, lot 29A. There was no one present to represent the petition. A motion was made by Mr. Nott and seconded by Mr. Borden to move the petition to the last item on the agenda to see if someone showed up to represent the petition. The motion carried with all in favor. 1 of 9

2 2. (R) A petition by George Caruolo, Thomas Caruolo, Cynthia Ann Gallant, Carolyn Daiello and Cheryl Ann Comley, 076 Mt. Pleasant Avenue, 0380 Broadway and 0 Chikni Way, Prudence Island, RI for a variance to allow a two lot subdivision without adequate frontage on a public way, tax assessor s map 84, lots 80-80G, Art IV, Sec B. Mr. Borden recused himself from the petition and sat in the audience. Attorney Vernon L. Gorton, 181 Chase Road was present representing the petitioners. Mr. Gorton stated that prior to 2008, the subject property was two lots, however, as part of estate planning it was subdivided into eight lots. The obstacles to developing on Prudence Island are too numerous to overcome, and Mr. Caruolo s children have jointly decided to put the property back similar to the way it was to two lots, comparable to what it was before. The proposal would merge eight 60,000+/- sf lots into two lots, one with 4.8 acres and the other with 7.91 acres. One lot would require a frontage variance of 167, as it did historically, and the other would comply with all dimensional requirements. Mr. Gorton gave the Board Exhibit A, Planning Board minutes, page 2 showing a favorable recommendation of this plan. The family of George Caruolo is requesting a variance of 167 to the minimum frontage provisions for a lot and they want to revert this lot of eight lots back to the two lots it used to be. Nothing has been done with the eight lots. It s due to the unique characteristics of the lots and Prudence Island. It is the least relief necessary and I approve. Mr. Aguiar: I approve the dimensional variance for reasons given by Mr. Nott. It s reasonable, and I approve for reasons previously stated. I approve. It s reasonable and for reasons previously stated by Mr. Nott. I agree with Mr. Nott and I approve. 2 of 9

3 3. (R) A petition by Susan Borden, 567 Bristol Ferry Road, Portsmouth, RI for a variance and a special use permit to allow a three lot subdivision on tax assessor s map 12, lot 52, Art IV, Sec B and Art VII, Sec A(7). Mr. Borden continued his recusal in the audience. Attorney Vernon L. Gorton, 181 Chase Road was present representing the petitioner, Susan Borden. Mr. Gorton submitted Exhibit A to the Board members a new plan that combined Planning Board recommendations entitled Minor Subdivision Plan dated 9/18/14. Mr. Gorton said that they propose a three lot subdivision in which two lots are divided in the rear portion of lot 52. There would be a 20 roadway, 15 wide with 2 ½ shoulders, which leads to the lots, from Bristol Ferry Road. A letter from Fire Chief Cranson dated September 9, 2014 was submitted as Exhibit B. This letter accepted the design plan with a turn around and a hydrant on Barkers Lane. The hardship is both the size and shape of the lot and Barkers Lane is private. They were unable to come to an agreement with the owners to use it for access, so this plan is the least relief. The 35 frontage will be deeded. Both new lots 1 and 2 will need 92.5 variance to road frontage requirements. Special use permit requirements were discussed and it was stated that the petition will meet all special use permit criteria. Tom Principe, Principe Engineering was sworn in to answer any questions the Board might have. Some discussion followed. A motion was made by Mr. Nott and seconded by Mr. James Hall that if the petition was approved it must adhere to the following conditions listed in the Fire Department s letter of September 9, 2014, specifically: 1. Fire department access roads shall have an unobstructed width of not less than Fire department access roads shall have an unobstructed vertical clearance of not less than Vertical clearance shall be permitted to be reduced, provided such reduction does not impair access by fire apparatus, and approved signs are installed and maintained indicating the established vertical clearance when approved 4. The T turnaround shown on the plan will be at least 20 wide and at least 45 long. The entrance driveway will be minimum of 15 wide with additional shoulders on each side of at least 2.5 wide and a surface capable of supporting 70,000 lbs and vertical clearance of not less than The department will require the installation of a new hydrant located on Barkers Lane and within 200 of the westerly property lines of the new lots. The motion carried with all in favor 3 of 9

4 Regarding the granting of a special use permit to allow land to be subdivided to two lots, I approve. A variance for frontage will be required for lots 1 and 2 of 92.5 and the frontage hardship is due to the unique characteristics of the land and the requirements of the Fire Departments. With the blessing of the Planning Board, it amounts to more than a mere inconvenience to deny, so I approve. Mr. Aguiar: I agree with Mr. Nott and approve the dimensional variance for reasons given by Mr. Nott. I also approve the special use permit. I, too, will approve the dimensional variance and the special use permit. It is a good plan. I approve both the dimensional variance and the special use permit for reasons previously given by my colleagues. I approve both. I agree with my colleagues. Mr. Borden came and sat with the Board. V. NEW BUSINESS: 1. (R) A petition by Michael Aufiero, 179 Hummock Avenue, Portsmouth, RI for a variance and a special use permit to allow a generator and propane tanks closer to property line than zoning allows and to exceed allowable lot coverage on tax assessor map 9, lot 19, Art IV, Sec B and Art VI, Sec A. Michael and Judy Aufiero were sworn in. Mr. Aufiero stated that he wants to put a generator and change out to propane along the side of the house, but the best location for this requires an 8 side yard setback and a 2.7% lot coverage. They want the generator because they are worried that power will go out. It will have to be started for 5 or 10 minutes every Wednesday or so at 5:00 p.m. Mr. Nott knew of the generator and said that it is very quiet. Mr. Edwards walked through the special use permit criteria with Mr. Aufiero and he testified that his petition would meet all criteria. 4 of 9

5 Based on the testimony, generators are becoming very common. Generacks are very quiet. It is a very reasonable request. There is a fence, so some protection for the neighbor. To deny the special use permit and dimensional variance would amount to more than a mere inconvenience, so I approve. I approve both for reasons stated by Mr. Nott, who summed it up very well. I approve both for reasons previously stated. Mr. Borden: The question is, is it reasonable? A generator is reasonable and it s small. The increase in lot coverage is negligible. The Chair walked him through the special use permit criterion and there are no concerns, so I approve. I also agree with Mr. Nott and Mr. Borden and so I approve both the special use permit and the dimensional variance. 2. (R) A petition by Tom and Linda Eaton, 69 Hedley Street (cabin 6), Portsmouth, RI for a use variance to allow an addition to dwelling closer to property line than zoning allows on tax assessor s map 39, lot 39-S, Art VI, Sec C.1 & Art VI, Sec D.4(a). Tom and Linda Eaton, 27 Oakhurst Ave, Ipswich, MA were sworn in. Mr. Eaton stated that they have come to the campground for 30 years and they do not have an inside bathroom. They would like to add a 6 x8 bathroom so they no longer have to use someone else s bathroom. They stated there would be no change in usage to the septic system because they will be using the same system. They are here for a use variance and a 16 front yard setback on the south. Discussion followed regarding what a use variance meant. Mr. Edwards asked Mr. Medeiros if the cabin would be allowed to be built today with no bathroom. Mr. Medeiros said it would not. Mr. Borden: Mr. Borden said that it is an extremely unique petition. It is a pre-existing building. It requires a 16 variance for an addition. A use variance requires that there is no beneficial use of the 5 of 9

6 property as it is. We have determined that this cabin could not have full beneficial use because it would need to be abandoned because it does not have a bathroom and these folks are just getting too old to go out at night looking for someone s bathroom to use. Yes, I will grant the use variance as there is a hardship amounting to more than a mere inconvenience. I think the request is reasonable and I vote to approve both the dimensional variances and use variance for reasons previously stated. The petitioner is 30 years late I vote to approve, it s more than reasonable. You have to put a bathroom in, so yes I approve. You encroach less than the other cabins there, so I approve the dimensional variance also. I also approve for reasons previously stated by Mr. Borden. The Board decided to take a break at 8:22. The Board was called back to order at 8:32. Mr. Borden recused himself from the next two hearings. 3. (R) A petition by Edward Kaloust, 0 Cliff Ave, Portsmouth, RI for a variance to allow a dwelling closer to property lines that zoning allows on tax assessor s map 15, lot 35, Art IV, Sec B. Attorney Vernon Gorton, 181 Chase Road, represented Edward Kaloust. Mr. Gorton gave the Board an aerial overlay which the Board labeled Exhibit A, and an engineering drawing labeled Exhibit B. Mr. Gorton stated that it is a conforming lot that requires dimensional variances due to the unique characteristics of the lot, which is long and narrow. The home would be 24 x24 with a two bedroom dwelling on the second floor and the garage underneath. Mr. Gorton stated that there is clearly a hardship due to the lot. Mr. Gorton addressed the special use permit criteria and testified that it met all the criteria. Mr. Edwards called for abutters or interested parties. The following parties spoke: 6 of 9

7 Michelle Murphy, 144 Harbor Road, Swansea, MA. David Silva, 210 Cliff Ave (lot 32), Portsmouth. John Myslivy, 206 Cliff Ave, Portsmouth. George Constantinevis, 218 Cliff Ave, Portsmouth. Ray Crecelius, Jr., 198 Cliff Ave, Portsmouth Mr. Gorton said that regarding the drainage and paving on Cliff Avenue, Mr. Kaloust paid for that himself and received the approvals from the CRMC to do so. He also has to get approval from CRMC for building the home on the lot. Edward Kaloust is seeking an 18 front yard variance and an 8 side yard variance to construct a 24 x24 1 ½ story dwelling with a garage underneath it. The concerns of the neighbors are that it s a narrow road and the paving that has taken place, but that s not changing and it s not this Board s jurisdiction. The lot is a legal lot of record and to deny building on it amounts to more than a mere inconvenience it would deny the legal use of the lot. Are the variances excessive? Not with the lot s configuration. They will have to address the drainage and they have to go to CRMC and DEM for septic. Otherwise it is a legally permitted use, so I approve. Mr. Aguiar: I echo Mr. Nott s comments, it is a legal lot of record and he does have the right to come and ask to build on it. Any structure would require a variance. He does need to go to the CRMC and DEM. To deny would amount to more than a mere inconvenience. I can understand the neighbors, but the guy is paying taxes. He has more hurdles to overcome. Mr. Aguiar and Mr. Nott summed it up. I vote to approve. It is difficult, but to deny the request almost constitutes a taking of sorts. It is an unusual lot. Based on the comments of Mr. Aguiar I vote to approve. I agree with my colleagues, to deny would be to deny the beneficial use of his property. He has asked for the least relief. A motion was made by Mr. Nott and seconded by Mr. James Hall to continue the petition of Jonathon Taggart (applicant) & J & B Realty LLC (owner) to the regular meeting of November 20, 2014 at 7:00 and if there is no one present at that meeting that the petition be withdrawn. The motion carried with all in favor. 7 of 9

8 4. (R) A petition by the Order of St Benedict, 252 Cory s Lane, Portsmouth, RI for a variance and a special use permit to allow an Alumni House and an unpaved parking lot on tax assessor s map 37, lot 20, Art V, Sec B.7 & Art IX, Sec A.2(d). Attorney Vernon Gorton, 181 Chase Road, represented the Order of St. Benedict. Mr. Gorton stated that the Order has purchased property across the street and would like to spruce up the outside, add an unpaved parking lot in the back and a handicap space and create an Alumni House. The House would be for alumni to network, fundraise and other types of activities, in a comfortable setting with offices and meeting rooms. They would like 11 vegetated parking spaces in the back. Paul Jestings, 852 Anthony Road was sworn in and spoke of the septic. A motion was made by Mr. James Hall and seconded by Mr. Nott to allow the petitioner to modify the petition to note that it needs a dimensional variance as well as a special use permit. The motion carried with all in favor. The petitioner is seeking to have an Alumni House in a residential area. Mr. Gorton went through all of the special use permit criteria and testified that it will meet all criteria the house will still fit in with the neighborhood. Regarding the dimensional variance, allowing 11 unpaved parking spaces is in keeping with the characteristics of the neighborhood. It would be more than a mere inconvenience to deny and I approve. Mr. Aguiar: I echo Mr. Nott s comments; he s done an excellent job of summing everything up. The gravel lot will reduce runoff. I agree with my colleague on the special use permit and the variance and I approve both. I vote to approve both for reasons previously stated. I also vote to approve both for reasons previously stated. I agree with Mr. Nott and I vote to approve both the dimensional variance and the special use permit. 8 of 9

9 A motion to adjourn was made by Mr. Nott and seconded by Mr. Edwards. The motion carried with all in favor. The meeting was adjourned at 9:40 p.m. Respectfully submitted, Barbara A. Ripa, Recording Secretary 9 of 9