Planning Board - Regular Meeting

March meeting of the zoning board review to order. We'll start with our roll call. Thomas Heeney present. Rebecca Rogers here. Christopher Row here. Anton Vos here. Alicia Reyes

here. Rick Lombardi absent, Judith Rosenthal absent, and Mark Donahghue absent. So, the five members of the board tonight you'll see that are voting are myself, Rebecca, Alicia, Chris, and Anton. On our docket tonight, on our agenda, we have two summary cases. Summary cases are those cases where only one variance is being requested and if that variance is either 50% or less than the amount that can be granted, we can consider those cases summary. In order to consider the cases summary, I'll call out the first case and then I'll ask if anybody has an objection or wants to have a discussion of the case. So, the first case is Tyler and Janine Lden owners and they're at 750 Indian Avenue. Is there anyone on the board that has a objection or would like to have a further discussion and consider this a regular case?

Yes.

Okay. So, Chris would like to have a further discussion. So, this case will now become the first case that we'll hear as a regular hearing. The second summary case on our docket is on the back side of your agenda. It's ZBR 267. Jenny and Patrick McManis at two-seater Avenue. Are you here? Okay. And you're ready to go forward. Does anyone have an objection to this one being considered as a summary? Anyone in the audience object to this being considered a summary? Hearing none, we will hear this case first as a summary case. Rebecca, would you read that in please? Petition ZBR 267 Jenny and Patrick Mcmanis owners and Jeffrey Monz architect for a variance from 603 903 and 321A to construct a 5.5x 19 in addition with a 20.1 in front yard setback where 25 in is required. Said real estate is located at two seedar a and further identified as tax assessors plot 125 lot 31. Having heard the petition read, does anyone object to hearing this cases a summary?

Seeing no objections, I'll ask for a a motion, please. Motion to approve. Motion heard and second. Any comments? All in favor? I I.

Motion is approved. Five to nothing. Okay, now we'll go back to our docket for our full cases. We're going to start with petition ZBR266. Tyler and Janine Lden, would you read that in, please? Uh this is for a variance from 603, 701, 716, 9003, and 321A to attach a garage approximately 41x 37 ft from the rear property line where 46.52 ft is required. Said real estate is located at 750 Indian Indiana Road and further identified as tax assessors plot 129, lot 46A. Tyler andor Janine, are you here? You come forward, please.

Would you raise your right hand? You swear the testimony that you'll be given before the board tonight is the truth, the whole truth, and nothing but the truth. I do. Would you state your name and your address, please? Tyler London, 750 Indian A. Okay. Tyler, can you explain your petition to the board?

Yes. Uh, so we are Well, good good evening. First, we're requesting a dimensional variance for up to 6 ft from the required rear yard setback in the R40 zoning district. Uh, as Rebecca mentioned, the proposed attached garage is located approximately 41.37 ft from the rear property line where 46.52 feet is required under the zoning ordinance. Our request is driven by the existing conditions of the property including the configuration of the lot as a through lot uh and as a substandard lot and those conditions affect how the rear lot line is defined and measured and limit reasonable placement options for the addition. Uh we have designed the garage to be integrated with the residents and placed in a manner that minimizes impacts to the neighboring properties and we believe it preserves usable open space on the lot and maintains consistency with the surrounding neighborhood character. Uh it does not alter drainage patterns, doesn't increase density, and does not create any adverse impacts on the abuing properties or public safety. Uh we think that granting the variance will allow for reasonable use of the property while remaining consistent with the intent of the zoning ordinance and the comprehensive plan. So we respectfully request the board's approval.

Good. Thank you. Any questions from the board?

Um my biggest issue, well there were two things in in looking through the the the paperwork and everything that was submitted. Um, one of the things that that came up there was, and I don't know whether this is applicable to this or not, but I something I noticed that there are one, two, three, four, five, there's six active permits that date from 2011, two of them to 2011, and four of them to 2016 for electrical, building, mechanical, plumbing. Um, so I'm just I'm curious one why there are so many active uh permits that are 14 years old.

Mr. Reagan 15 years old. So that would be an enforcement issue. Okay. And I don't know how long the applicants own the property, but that would be an enforcement issue for the building official. It's not something that's within the purview of the board or should be a factor in determining whether this application meets the standard zone of the zoning ordinance. So, might be a great question, but it's really outside the purview of what we're here tonight to look at. That's why I said I'm not sure whether it's applicable to this or not, but it was it was one of the the things I I was curious about while looking through the paperwork. Um, for the record, we purchased the property in 2021, so those all predate our ownership.

The record, these permits were from the old system and were just carried over. Yeah. And they're just left active. I just got to hint back. They're irrelevant. You know, they were finalized. They were probably closed, but when the systems changed, they didn't merge together properly. So those anything below 2018 is just going to be deemed you know uh completed.

Okay. Um the other thing that I was I was wanting to ask about was with the placement of the garage. Um now it does I know I realize it only extends five feet into the setback for a linear length of 26 feet. Um, but I noticed that it's the way it was positioned on the back instead of to the on the side. If it was placed on the side, it wouldn't be in the setback area at all. And then it wouldn't be requiring a variance at all. Um, so I'm I'm you know, a variance is supposed to be if there was a hardship created not by, you know, that by the the lot itself. And I'm just not seeing a hardship created by the lot shape or size. I'm only seeing this hardship needing the variance due to the desired placement of which is a design aspect, not an actual physical hardship that is no fault of your own.

Um, I want to make sure I understand your question. When you say the side, so it's it's a through lot. So, the garage is on the back side to the rear of the property. Correct. On the if you're looking down if you were looking down the lot down the driveway. So, you're looking at the front of the house. Yeah. It's on the back side. So when I say if it was if it had been placed to the side, meaning on the right side where there is, you know, I'm

there the the actual dimensions aren't shown on the drawing. So I was like, okay, let me let me look at it and let me I used I used some veneer calipers to go, okay, is would it fit here instead of here? and then there wouldn't be an issue at the very So there is existing um septic on that side uh that was installed prior to all the way all the way at the very back there's existing septic stuff back there

well on that on that north side that you're referencing um there is the septic pods as well as the septic tank um I also don't believe there's enough depth within the setback on that side for the garage. Another small detail is that we um completed this design and then we just went to seek the building permit and found that the um the state laws for our lot changed in the process of designing I'm sorry between the period where we finished the design and filed for the permit. Um and so we do have a completed design with engineering drawings and everything and we went to submit and then found that the laws governing our lot had changed. So um I don't know that I would agree perhaps that the north side of the property would really work. I I suppose you could completely redesign the entire house and and do that. Um but when we set out to design the project, it was to conform to the uh setbacks at that time in 2023. And so that kind of drove the decision for where the garage currently is.

Well, I can like I said, if you if you're saying that there is septic stuff, I have got the drawing right here. Mhm. So if you're saying there is septic stuff located in this area. Yeah.

And then we have actual tank here. This was sitting here back either in the rear or the side. But I can see they're different. So this this discussion should be on the make sure we need to make sure the discussion is on the record. Yeah. So for the people in the audience, what was just pointed out is that the area that uh Chris was voicing concern over as a possible alternative isn't available because there's other septic tanks that would encroach upon that space and wouldn't allow for the uh extension that's being requested

and and the driveway and just ease of maneuvering around the the line. And that makes that all makes sense. Um because that but because that's not delineated and marked on the on the drawing for what that is, I had no way of knowing. Okay. So now I can understand that that does create a uh a hardship a hardship for being able to place it over on that side. So that's an that answers my question. Chris, anyone else? There's no questions on the board. I'm going to open up the hearing to the public. Is there anyone present here this evening that would like to either speak for or against this petition?

Seeing none, I'm closing the open hearing and I'm asking for a vote on this petition. Make a motion to approve.

And Chris first on approve second. Anton. Okay. Any discussion? Okay. So, I'm going to vote in favor of this petition. As was just discussed, some concerns were um raised about the unique characteristics of this lot. And then based on the relief that the petitioner is seeking, we we've heard testimony that this hardship or actually citing the extension in this location is due to the unique characteristics of the lot. And therefore, I'm going to support the petition. Anyone else?

I'm also going to support it. Um, did you speak to your neighbors? Is it because I know it does it cut close to their yard and I think and there's no issue with that. No. Thank you. Thank you. Appreciate your time. Anyone else? All in favor? I I opposed. Motion passes 5 nothing. Thank you. Next case is the first new petition ZBR 2541.

Robert Marcelen for special use from 602 and 902 to obtain approval for owner occupied short-term rental. said real estate is located at 142 Honeyman A and further identified as Tax Assessor's plot 114 lot 120. Would you raise your right hand? Do you swear the testimony that you'll be given this evening is the truth, the whole truth and nothing but the truth? Yes. Please state your name and your address, please. Robert Marlin, 142 Honeyman Avenue. Okay, sir, you can put your arm. Can you explain your petition to the board, please? I'm sorry. Explain your petition to the board.

Yes. I'm trying to get a special use permit. Okay. It's a two unit. I plan on living on one side. It's a onebedroom on one side and it's a threebedroom on the other side that I want to get a special use permit. Okay. Um to see if I can rent that out. Okay. So, you're special use for this short-term rental. Do you understand that the town's shortterm rental guidance has changed and in as much as you are now required as the owner of that property to be present anytime you your other duplex is being rented as a short-term rental? Yes.

You understand that? Okay. And you said that there were three bedrooms on that side of the short-term rental. Correct. How much u off-road parking do you have for that side of your property? Sorry. How much off-road parking do you have for that property? I can fit like five to six cars. Okay. Five six cars on that property. Yes. All right. Cuz there I believe it's a two car. Well, on one per one per bedroom maximum of six people. Okay. Good. Y thank you. Anybody else questions for the petition? I do. Um, so you're not currently living there, but you plan to.

I was I was planning on living in it. Okay. because um I was a little bit confused about residency because um it's co-owned with co-own it um with an um LLC and there are three different um addresses associated with that record. No, as of right now, I'm a co co-owner with my son Theodore Rampini and right now he's helping me out at that house is going into both units are going through total renovation.

Can you speak into the mic, please? I can barely hear you. I'm sorry. Yes, as of right now. Okay. My son, Theodore, stepson, Theodore Rampini, he's actually helped me with this. We're co-owners. Okay. And that house right now is going in total renovation. I mean, putting in new cabinets, floors, everything. It's getting redone. And hopefully it's going to be done within like the next month or so. Okay. Is that both sides being renovated or just the threebedroom? No, the whole the whole house.

Even on the outside, the garage has been all uh revitalized, new roof, everything's getting totally refurbished. All right. And your intention is to live full-time in one of those units. Yes.

Okay. Yeah. Because the tax assessor's record um does have co-owners, like I said, the Voltilo LLC and yourself with an address of 190 Mountain Laurel Way. Um it says Middletown, but that's not an address in Middletown. Um and um on the field record for that property list the LLC with the post office box um in Portsmith. So I was just a little bit confused about um actual ownership and residency um intentions like as you know was stated.

Yep. You are expected to be on the property u when it's rented as a short-term rental. Um, that was my only question was, well, again, I expect to be on the property, but right now it's not actually livable until it gets completely done. Yep. Understand? I mean, we we're putting in washers, dryers, refrigerators, everything is just not livable right this minute. And again, hopefully within a month or so, it's going to be complete.

Any other questions from the board for Mr. Marshall? Who? I'm I'm curious. Who is Ruth Louns? L O W N D E S. I don't know. I've never heard that name because that's actually listed on the location details details on the application as the property owner. I have no no idea who that is. What are you looking at on the on the in the lo the location details on the uh on the paperwork that was submitted on the application? I didn't print out the whole thing, but on it's under location details. It says property owner

Ruth C Louns Ldees, PO Box 1082, Portsmith. That That was the On this application, I asked for an affidavit of the true ownership because I picked up what you both picked up on and making sure that he's the rightful owner. And I keep coming up. I'm not scanning it in properly. But on that application, there's an affidavit of the rightful owner listing him on on the affidavit. There's a place you can affix an affidavit. And I asked for that because I question true ownership versus an LLC or a company.

And prior to accepting this for the completeness, I wanted the true owner. And the the tax assessor's database does list uh Mr. Marsland as the co-owner of it would I mean I was wondering about the the LLC and like I said on the field record it had I understand that I'm I'm saying but he answered those questions and I'm saying with regard to this other I'm not sure what you're looking at there. So the concerns have been raised and answered. Yep. So we know that Mr. Marslin is currently the co-owner of the property and prior to any short-term rentals, he's going to be an occupant of one side of the property, the one-bedroom portion.

Correct. Yes. And that um my son just told me that uh name that you brought up, that was the previous owner of the property. Okay. Okay. Thank you. Any other questions, please? If none, I'm going to open up this hearing to the public. Is there anyone here present tonight that would like to either speak for or against this petition? Seeing none, I'm closing the public portion of the hearing and I'm asking for a vote on this petition. Motion to approve. Okay, Alicia. Motion to approve. Second.

Rebecca seconds. Discussion. I'm going to vote yes. I'm approving this. Um obviously it seems like you understand after the discussion right after finally probably months of renovations you'll be able to move in and just prior to renting out that three bedrooms. We just need to make sure that you're living in that one side. You have enough car space and so um that's why I'm going to approve. My concerns regarding residency and ownership have been addressed and um I'm satisfied with that. So, thank you.

Um, the only comments that I've got that when I went out there and looked at it, I looked down the length of the driveway, it looked like it could maybe fit three or four vehicles. Um, of which if it the it's it's allowed one vehicle per bedroom. So, I just want to make sure that, you know, there aren't if there's six people because there's two people allowed per bedroom, there aren't six people showing up with cars. And now all of a sudden you're not left with no place for people to park except on the street which isn't allowed

which I I understand it not allowed on the street but as I look at it it looks on the right side where actually the one bedroom is you can probably fit four cars and then on the leftand side there's a garage and if you park one in the garage and then you can fit like maybe two more in the driveway, right? If you're if you're if they're parking inside the garage as well as the length of the driveway. I I could be wrong, but that's how I looked at it that and that's why I said you could do like five or six cars in there. Okay. And I'm also going to support the petition because I believe in keeping with the neighborhood, this won't be injurous to the the neighborhood or to the community. All in favor of this petition,

I opposed. Motion passes five nothing. Okay. Thank you very much. We're all set. Yes. All set, sir. Okay. Very good. The next petition is ZBR 261.

Thomas Schuger for a variance of 603 and a special use from 11 watershed district to construct a 28x 31.6 6 addition and covered porch with a 16.5 front setback where 40 is required. Said real estate is located at 179 Paradise A and further identified as tax assessor's plot 120 plot 65A. Sir, would you raise your right hand, please? Do you swear the testimony that you'll be given this evening is the truth, the whole truth, and nothing but the truth? I do. Okay. State your petition, please.

My name is Thomas Schugert. I'm the resident and owner at 179 Paradise Avenue. We are requesting relief of a setback front setback at 179 Paradise A for the construction of an accessory dwelling unit located on the south side and attached to the existing main house structure. Having the addition in this location provides us single level accessibility from the ADU to the main house while also keeping the living/dwelling spaces private from one another. The ADU also utilizes 378 square ft of the main house for its use, which reduces the overall footprint impact on the property as well as the proximity to the neighbors. We are adding the ADU for multi-generational living, allowing us to age easily and gracefully in our own home. Our ADU will not be used for rental income. It will always be owner occupied. The total square feet of the ADU is 1462 including the porch. 202 square ft of that is the front porch which connects us to the existing house at one level. 882 ft is the new addition living space and 378 square ft is within the footprint of the existing house to be used in the ADU as living space. Questions for the petitioner?

No questions. So the a are you living in the ADU or your other family members? I'm like well currently it's my I will be we will be moving into the ADU. my wife and I and my daughter will be moving into this into the main house. Okay.

And basically, it's a mirror image. The one story that you're putting on the I guess it would be the south side of the existing structure, which is two stories on one side and then one porch, one story. Yes. So, you're going to put a one story in there so it's easily accessible by yourself and your wife. Yes. And there will be a connecting walkway between the two between the two. Okay. That level of the addition. Also, there's watershed issues here. So, you're not building any closer to the existing watershed. You're building uh a budding the existing structure which is currently already That is correct. All right. And that lot is very deep, right? You got to really

Yeah. The river river almost cuts in half. Yeah. Yeah. Does cut it in half. Y. Other questions? Okay. If there are no other questions from the board, I will open up the hearing to the public. Is there anyone present this evening that would like to either speak for or against this petition? Seeing no one, I'm closing the public portion of the hearing and I'm asking for a vote on this petition. Motion to approve. Second. Becca and Alicia first and second discussion

the you know I'm just going to mention that the you know the variance the um sideyard the the front setback um by is existing with the existing current building and structure and it's the addition is in line with that. So it's not changing the ex an an existing it's just lengthening the you know adding to the length of that setback that already exists and that has already been previously approved. So um I don't see that variance as any kind of an issue. Okay.

Other discussion. So, I'm also going to support the petition because I believe based on what was proposed, this is the least relief necessary for the uh enjoyment of your property for full enjoyment of your property. All in favor? I I opposed. The petition is granted 5-0.

Okay. Thank you for your time. Okay, next petition that we have tonight is ZBR26-2 Davin Neil for special use from 602 to allow the operation of a motor vehicle rental business said real estate is located at 1132 Aquitic A and further identified as tax assessors plot 113 lot 71A.

Raise your right hand, please. Do you swear the testimony that you'll be given this evening is the truth, the whole truth, and nothing but the truth? I do. Okay. State your name and your address, please. Devon Neil, 39 Rogers Lane, Middletown, Rhode Island. Okay. Explain your petition to the board, please. I'm here for a special use permit to run a rental business out of 1138 equip. Okay. So, when you look at the existing property there, it's a multi-use building. Is that correct? There's already couple three building uh businesses in that building. Yes.

Okay. So, as far as your proposal to put a rental um car rental place in this location, talk to me about the number of available spaces and how many vehicles you expect to have on the lot, those kinds of considerations. So, we all get four spaces, but we did have a problem with parking. So, I already um handled that situation. I park cars at a dealership now, so they let me keep the cars there. Okay. So, you have an offsite location to where you can put some of your inventory for your car rentals. So, you're only going to be occupying uh a pre agreed upon number of spaces at this location.

Correct. Okay. Good. Other questions for the petitioner? Um I was questioning the parking. So um there are multiple businesses in that building. So are there uh assigned lots so that I mean assigned spots for each so that you know how many spots you do have and how many you require at any given point during the day. Yes.

Um and it's probably a new business so you don't know what it's going to be but anticipated cars in and out. So the spots that you need are for your for your staff and for cars being delivered for pickup. So we do a lot of drop off and pick up for free on the island. Okay. So that's another way we handle that. So, you're going to leave your inventory in another location and you're going to bring the customer from your location or some other pickup location and deliver the car to them or or the person to the car on site.

Yeah. We usually deliver it to the customer if they're home or at work. You can understand what we're concerned about is congestion here and a limited number of spaces for the already existing businesses plus yours. Yes. Other questions or thoughts? Um, I talked with Butch who's the owner of the building. Y So I've got some background on on all of this. And that's Gamrell who we speaking of. Butch Gamrell. One of the businesses there is Grant Gamrell Glass that's in there.

Yeah. Um, how long have you actually I My understanding is that you've been there and that a you've been operating out of there for a while and the issue came up about whether it was an approved usage or not, which is why we're going through these steps. Yes. Um, of you having to get that. So, how long have you actually been operating there? Uh, about two years.

Okay. Um, typically how many vehicles do you end up have having there? because I know there there I know that each each business of the four businesses in in the building, you're each allotted x number of spots right in uh building side in front of your building, but then there's the parking spaces that are out curbside along the street that my understanding is those are, you know, you're you're given the X number in front of your business and then the ones street side are open for anyone and aren't assigned.

Correct. Um so how many you know the vehicles are when the are you doing all deliveries of these vehicles the rental vehicles on and off the site or do they are renters of the vehicles are they coming and dropping them off? So they was coming and picking them up or dropping them off but we decided to do it that way now to limit uh parking. It is a small space. So, okay. So, to be clear, you're saying that in the past you had had inventory on the site there. Yes.

But because of congestion and because of your discussions with the other businesses there, you're now going to take all of that offsite and then I'm going to put some words in your mouth. So, you got to agree to this. Yeah. So, the on-site parking you're probably going to use for yourself or your other employees for your vehicles. there. Is that correct? Yeah. Okay. All right. So, your inventory is going to be offsite, correct? Prim primarily with the exception. So, just the the code requires a minimum of four spaces for this use. If if the inventory is offsite, I would just suggest that you make it a condition of any approval.

Okay? that the inventory actually be kept off site just so that it's clear going forward what the requirements are have to get into a whole issue of whether there are frankly enough spaces on this lot and whether he needs a parking variance. So I suggest you make decondition just to avoid confusion down the road. we when I ask for a a vote for this petition, let's let's make sure that we put in the recommendation that the inventory be kept offsite. Okay. Any other discussions or questions? What's the name of the business? KV Rentals.

And you keep the cars. I mean, I think we're going to make it a condition at the end of this, but all of the cars are offsite. And that was also to help with the congestion. So, was that becoming a problem or no? Well, we were trying to work together, but I seen it was starting to become a problem, so I thought I'd fix it. Okay. Okay. Okay. Any other questions from the board? I'm going to open up this hearing to the public. Is there anyone present here this evening that would like to speak for or against this petition? Please come forward to the microphone. Sir,

raise your right hand. You swear the testimony that you're going to give this evening is the truth, the whole truth, and nothing but the truth. Yes. State your name and your address, please. Ray Alexander, 6 Gong Circle, and I own a house at Fort Ridden Drive as well, which is a butter behind. So, I just have some questions. I'm either for or against it right at this moment. Okay. But uh parking was the thing because uh our neighborhood is behind the building and there's really no room behind the building. There are there are no parking spaces behind the building.

So my my concern was the parking which which you've pretty much already addressed. The only thing I wanted to add to that was I just wanted to make sure there was nothing that was going to uh end up on Rearen Drive uh which is behind there um behind the uh the building next door actually. So I just wanted to clarify is there that there'd never be any parking back there for parking or cleaning or pickup and drop offs other than in the in the his lot or the offsite and how many total cars do they have? Okay,

that's all. would you want to step forward? So, first the first question that gentleman asked was concerning your use of the roadway behind the building because there is no parking spaces behind the building. You don't have any plans of having any of your inventory on the roadway at any time behind the building for service, any kind of cleaning, temporary parking, anything like that? No. Okay. And what was the second part of your question? Okay. Okay. Oh, I know we already talked about that you have four spaces

and you may not use all four, but if you do, it's going to be I only have five in case. Yes. And they're not going to be on site now. No, they're not going to be kept on site. Okay. As a matter of Rick. Okay. Thank you. Can I just get your last name? I'm sorry. you. Anyone else? Seeing no one else, I'm going to close. Oh, sorry, Mr. Silva.

Uh, I own the property just to the south, my law office, and I just have a couple of questions. I I didn't know exactly the nature of the business and how it would be run. Uh the um application and Mr. Silva, before you go on, just so everybody in the audience knows, Mr. Silva is a practicing longtime practicing attorney here in town and he's an ab budding uh neighbor to this property. So, as a neighbor, I'm going to ask to swear him in, but he's recognized as an expert, legal expert. Mr. Silver, the testimony you're given this evening is the whole truth and nothing but the truth. Is that correct?

Yes, indeed.

Okay. Please. Um, I'd like to find out where the off streetet parking is that the cars will be located at and is there a lease and shouldn't there be a condition uh that that lease has to be made part of this application? uh if for some reason he loses the ability to have the cars located elsewhere, that's going to have an impact. Uh he he indicates that the premises will function primarily as an office for customer use and service and administration and the rental vehicles are stored and returned to a dealership location. The vehicles are only present on the site and a limited temporary basis for scheduling pickup. All operations will comply with all zoning, parking, and traffic requirements. I would ask that that condition be made part of the decision if uh the board feels that it should approve this. And I would think that the board should inquire and make it a part of the hearing as to where he has these cars located and is there a lease written or otherwise. And because if you lose the ability to have cars off site, you know what's going to happen? They're going to be returned to the main facilities. And I note that the application indicates that uh Mr. Neil is the owner of the property. I don't think that's correct. This I think uh Olan Gambrell owns the property. So in that regard, the application is somewhat I think just

if you look at the way that the petition is phrased, it says he's the owner of the business and not of the property. Okay. But those are legitimate points and we'll let Mr. Neil, answer those questions. So, let's first talk about the lease of the offsite parking area. Is there a lease? And if so, what's what's the duration of the lease? And some information about, you know, uh is it annually? It's not a lease. It's um I partnered with Honda and Newport. They rent cars, too. Um they have like Honda Newport. Is that what we say?

Honda of Newport. I got 12 What's the address? 12 1215 West Main Road. So, we uh park them in the back. Okay. So, it's not a lease. So, you don't have a legal hold on any space over there. It's just Yeah. Most of the cars is their cars, too. They're their cars. Okay. I got you. So, they're they are allowing you to have access to their inventory. Correct. So it's not Is that a commercial location? Yeah. What's there now? Uh a dealership. The Honda dealership. Hyundai. Hyundai of Newport. Hyundai of Newport. Yeah. Hyundai. Hyundai.

No. Hyundai. Hyundai. Hy. Okay. On on West Main Road. West Main. 1215 West Main. I mean I So I guess to me it's irrelevant if there's a lease or not, right? Like you if that doesn't work out, you can't bring the cars back, right? You're going to have to figure out something else. Y So the cars the four spots you have are not going to be used for your pickup and drop off or well, you know, to keep them there all the time, those spots are going to be for you and your staff. Um and if the Hyundai thing doesn't work out, you're going to have to have a plan something else. Yeah.

Right. And as far as the contingency that we're going to place on this, the inventory will be kept off site is the way we're going to state this. Okay. Okay. Satisfactory. You're welcome. Good luck. Thank you.

Okay. Anyone else in the audience want to speak for or against this petition? Okay. Now, seeing no one, I'm going to close the open portion of the hearing and I'm going to ask for a vote on this uh recommendation on this petition and then to make sure as part of the recommendation that we stipulate that the inventory for the rental business is going to be kept off site. Motion to approve with condition of off-site storage of inventory. Okay. second a second discussion.

Um, you know, it's my understanding talking with Owen that, you know, he basically he's acting as a intermediary. He's the middleman between the vehicles that are actually from the dealership. Instead of the dealership trying to run a rental, renting their cars out to people that need them out of the dealership, he's kind of like, I'm I'll do it. I'm going to do and I'm going to do it from over here. It's your cars. So, it's a like you said, it's a drop off pickup drop off location delivery only. Maybe if I don't know if you might do a cleaning or not, but it's not a storage thing. It's it's they're not even your cars, right? They're Hyundai's cars. So, other comments or thoughts?

Appreciate your um you being proactive to alleviate the traffic and um parking issues. And so, so one of the things in the stipulations is whether or not this could become a nuisance. And I think based on the, you know, proponents of our discussion this evening, you're taking steps preemptively even though we know the business has been there for a little while to prevent this from becoming a problem either for your property or for adjoining properties. So therefore, the key concern here is that we're going to support your position, but we're going to need to make sure that you understand you're going to be limited to those four spaces and we expect the inventory to be kept outside.

Okay. Okay. All in favor? I opposed. Your petition passes five to nothing.

Thank you. You're welcome. All right. Next petition. And next petition is ZBR26-3. Melanie Roland for special use from 803A to alter legal non-conforming short-term rental. Said real estate is located at 164 Boulevard and further identified as tax assessors plot 108 Southeast Lot 84.

Raise your right hand, please. Do you swear the testimony that you'll be given this evening is the truth, the whole truth, and nothing but the truth? I do. State your name and your address, please. Melody Roland, 164 Boulevard. Please explain. No, that's not my main home. My main home is in Tivetan and I use this as a second home and Airbnb. Okay. So, you use this as a second home currently as an Airbnb? Yes. And are is it registered with the town as an Airbnb? Yes. Okay. All right. Please explain your petition to the board.

Well, the house is a 1952 house, so all the rooms and everything in there are quite small. So, what I'm trying to do is convert the garage into a bedroom and convert the downstairs bedroom into a bathroom that right now the bathroom downstairs was built into a closet. So, we're trying to make this so that my husband and I can eventually move into this house. I grew up in Middletown and I've been trying to get back for a while, but we moved to Tivetan because it was 10% cheaper. Probably still is. Um, but I've been trying to get back to Middletown for a while. So, we're basically there's no extra bedrooms. It's going to be the same amount of bedrooms, same amount of parking. Uh, Airbnb is very limited. No more than 14 days in a year. And we use it. We do Thanksgiving there and Christmas and different things. So, I'm just looking I'm not expanding the footprint.

Okay. Okay. So, the alteration that you're looking for, it's legal, non-conforming, short-term. So, you're trying to continue the original short-term rental agreement that you have, right? And not have to operate under the town's new short-term rental. Correct. This would be a grandfathered short-term rental under the old ordinance. And anytime you expand or otherwise alter that, it requires a special use permit. Questions from the board.

Okay. I'm still trying to get understand the whole thing of it's it's it's currently a one-bedroom. I know it's a it's a threebedroom. It's a threebedroom, one and a half bath house. Oh, okay. I thought it was all it was currently one bedroom and it was just flipping the the garage and and turning the garage into a into a bedroom and then flipping the bathroom over. So, right on the first technically you're expanding the amount of living space in that short-term rental. So, it does require a special use permit even though even though the number of bedrooms staying the same, right? And even though that

if I'm if I'm going from a 1500 square foot threebedroom non-conforming use to a 1,600 square foot three-bedroom non-conforming use that requires it. So in essence, it's just reauthorizing an existing ST Ruth permit. You're authorizing the alteration of it, the expansion of a non-conform, this specific alteration and what's being proposed. That's all. Any idea when you're I realize if you're looking at moving back into it, you're talking about moving back into it full-time once you've got

Well, that's a possibility. My husband isn't exactly on board, but if I make this change and it looks real nice, he might consider it, but that's the hope because we're both older and we want to be on the first floor. You know, he doesn't want to do the st well, he can't do the stairs. And if he's smart, he'll follow along with what you say.

Yes. We both grew up in Middletown and you know, we've been in Tivetan for 40 years and I've been trying to get back. He was the football player. He was the last most valuable player in Middletown High and then they changed the rules. He was a good football player. Okay, that was my my only question was why it was even if it's, you know, changing it. Yes, I understand enlarging, but it wasn't changing the usage. It's not changing the usage of it. So, um it's just remodeling the inside,

right? And my concern really was um that I would still be grandfathered in for the Airbnbs and I wouldn't lose that by doing this. How often do you rent it out annually? No. No more than 14 days a year. Really? There's a tax rule that if you do it for less than 14 days, you don't have to declare the income. Correct. So that's So you stick under that. All right. Good. Other comments from board.

Okay. Seeing none, I'm going to open this up to the public for your comments to speak for against this petition. Uh, seeing no hands, I'm going to close the public portion of the hearing and I'm going to ask for a motion. Motion to approve. Second motion first and second discussion. Although you're expanding the living space, you're not I don't see that you are actually changing the basic characteristics of the short-term rental. So, I don't see any reason not to allow this. Thank you. Thank you.

Okay. And hopefully uh when you get this place reconfigured and it's all on one floor, you can come back and live in Middletown. I hope so. I hope so. All right. All in favor of this petition. I I oppose. Motion is approved. Five to nothing. Thank you. Okay. Next petition on the docket is ZBR 264

Gary Travers and Courtney Walker for special use from 602 professional services miscellaneous service not otherwise classified to operate a pet grooming salon said real estate is located at 1171 Aquinav and further identified as tax assessor's plot 113 lot 312. Raise your right hand. Do you swear the testimony that should be given this evening is the whole truth but truth? I do. State your name and your address, please. Uh my name is Courtney Walker and it's address 1171 Aquinav. Okay. 1171 Quinnav is the location of the business. Okay. Correct. Uh explain your petition, please.

Uh so I'm just looking for a special use uh permit to open a pet grooming salon. Um pretty similar to what they have right here behind FrostyFreeze. Um actually basically the same thing. Um it's pretty much they said I need one so I'm asking. So, so the there's an existing space there already. Everything's already there. Yeah. Uh, when I rented it, I actually was under the impression I could just do it. Yeah. Because it was already zoned for commercial or whatever, but apparently obviously grooming needs. You're changing the use of the building. Yes. So, um, yeah, I've been getting it ready and, you know, so it's ready to go. It's fully operational. Tubs, kennels, tables, everything. Other questions from the board? You know what it's zoned as?

Light business. Light business. Yeah. Limited. Limited business. Limited business. Sorry. It's traffic sensitive. I think want to coordinate. I take it. You're not you're not planning on living there. It's just a business location. Not unless my wife kicks me out. I mean, I'm got a couple really nice kennels in there, so we'll see. But as of right now, no. Yeah. So far so good. So far so good. We'll see how it goes. Depends how much money I make doing this. Quit my job. So,

all right. Any other questions from the board? No other questions? I will open up the hearing to the public. Is there anyone here this evening that would like to speak for or against this petition? Yes, ma'am. Please come to the microphone, please. And I'm not used to Would you raise your right hand? Do you swear the testimony that you'll be given this evening is the truth, the whole truth, and nothing but the truth? Yes. Please state your name and your address, please.

Uh Betty Jane Owen. Uh I live in uh on Forest Avenue, and I've come here specifically to support this uh uh decision that that Courtney is making. And I even brought a sample some more. For everybody listening, we have a photo of one of the customers of the pet grooming service.

Yes. Yes. She does an absolutely fantastic job. I've known her for many, many years and I am just delighted that she is going to be over here on Aquidnik Avenue and I am thrilled and I'm looking forward to getting some uh what you call these you know um business cards.

Dog treats. Oh, I have brought dog treats. Yes. So, so that uh I can spread the word for her because as I said, I've known her for many years and I I can't think of anyone more highly recommended. So, thank you, ma'am. Yeah, I'm not used to being at this side of the the desk up here. Thank you. Is there anyone else here who would like to speak for us? Please come on up. Raise your right hand, please. Do you swear the testimony that you give this evening is the truth, the whole truth, and nothing but the truth?

Indeed. And would you give us your name and your address, please? My name is Shannon Walker and my address is 7 Whitwell Place, Newport. Okay. We're not related. I didn't I know we're not related. I am a friend and also a client and um my dog's kind of a handful. He's very fluffy and he's kind of rambunctious. She does a great job. 45 minutes he comes out with a smile. She's patient. She's clean. She's hardworking. I'm just here to support her because I think she's awesome. So, thank you. Thank you.

Anyone else? I don't see anyone else and I don't know how anyone else could top those two recommendations. So, seeing no one else, I'm going to close the public portion of the hearing and I'm going to open this up to a vote. Can I get a make a motion to approve? Chris second. And so discussion saw no issues. Yep. Yep. No issues. Um, I think it's a perfect location, an opportunity to support more small business, local business owners. Um, and I wish you the best of luck. All in favor? I opposed.

The petition passes five to nothing. Thank you. Um, I just want to say born and raised right here on Berkeley Avenue in Middletown. So, an absolute dream, truly an absolute dream to open a business in this town. So, thank you so much. Well, congratulations. Good luck. Uh, tomorrow. What are you talking about? Can I contact me, please? Give me Give me a date, man. I haven't sent her up for two months. I'm dying.

You're welcome. Thank you. You're welcome. She's cute. She is with a big burner. Okay, so we are down to ZBR 268, the last petition.

Going to totally say your name wrong. Eio Marcel for a variance from 603 and 903 to reconstruct and raise an existing flat roof resulting in a 25 in height where 15 is required. Said real estate is located at 1522 West Main Road and further identified as tax assessor spot 105 lot 806. Yes. Raise your right hand please. Do you swear the testimony that you be given this evening is the truth, the whole truth, and nothing but the truth? Yes. Okay. Could you explain your petition? My name is Isumiel. Um I live in 1522 West Main Road, Middletown. Okay, good. Explain your petition to the board, please.

Uh the petition I have um I try um I have my garage over there and come couple years ago ask for the handover for the garage and I try you know do everything put a lot of money over there. I try make uh build um edu you know over there and um I need the roof go a little more high. I have flat roof. If I try change the roof, you know, this is like when I'm here and say in the future everything done, me and my wife move for the garage and my daughter stay for my house. Help daddy and mom for pay for this build. I don't know if you guys can prove no you need more can help my friend explain more about the construction of it.

Are you the architect or the Yes, I am. Come on up, please. Raise your right hand. Testimony that you're going to be given this evening is going to be the truth, the whole truth, nothing but truth. Absolutely. Okay. State your name and your address, please. Albert Gerard. I live on 79 Mohawk Drive in Portsouth. Okay. Mr. Gerard, explain uh

um Eio has an existing garage structure behind his house, and unfortunately, it was there was a second floor built on it, but it was not built high enough. it was built substandard to building code u accidentally uh by I guess his a family member and um so we're just looking to try to you know raise raise that so that it become can be a habitable space uh I think the ceiling heights are roughly around 6'10 right now they need to go to a minimum of 7 foot and then and typically you know 8ft ceilings are normal So, we're just trying to get normal 8ft ceilings with a a small

So, you have a peak, which means you got to go up. Yeah. With a small pitched uh trust roof with a four pitch, you know, try to minimize, you know, the height. Keep it a a four pitch versus a six or something. And the height you uh you're asking for, I believe, is 25 ft total. Yeah, I think that the actual dimension is like 24 foot six, but you know, just for a little bit of buffer, uh looking for, you know, 25 ft. All right. And then what's going on? What's going to go up into the second floor? Additional living space. The um uh I guess um Issue wants to have an an ADU unit in that garage. So living space on both the first floor and the second floor. Correct.

Right. Yes. Because there was a bedroom on the first floor and there's going to be one on the second floor. Yes. Two bedrooms. Okay. But it it falls under the 60% rule of the main residence. Y um so we had to minimize the actual square footage of it can't be the you know uh minimum what was it 1,200 square feet for twobedroom in this case it can only be 60% of the living so is it's designed such that it falls under that 60% rule for for actual living space and uh I noticed uh you've you're surrounded on three sides by neighbors have you spoken to any of your neighbors about this construction. Have you spoken to your neighbors?

Well, I have two neighbor I talk to the other one say you say are you okay? You know you don't have no big deal for you know I have big you've spoken to your neighbors and they're okay with this renovation. Yes. Good. We usually ask that just to be sure that you're communicating with your neighbors. Okay. Other questions for the board? From looking at the drawings, it it appeared that again, this is just a roof adjustment change to get rid of the flat roof and and there's no actual it's not adding any actual living space. No, it's just it's just making it

higher and giving giving it basically some attic storage space if if desired in that space above the the ceiling. Most importantly, the second floor that up there that's now up there is substandard on its height. So, it's not actually legal in terms of use as living space in its current configuration. Correct. I can have some little bit. I can't show you. You want to see? You want? No, they they I think they have We've got the drawings. Yeah, I've I've looked at the drawings. Yeah.

Anybody else any questions from the board? Um okay. Um I believe that the um the dimensional requirements for a standalone ADU is height of 15 ft. Um so you have I believe from the drawings that I saw you have living space on the first level of the garage and it's you currently do have a bedroom or a living space on the second floor. It just isn't legal. There's an existing garage and it has a first floor and a second floor. Yes. However, the second floor was

built substandard. It it wasn't built to minimum code of height, you know. So, that's not And did was that um was that done by you? No, it was not

a previous owner. No, I it it was um we had originally designed just to put an attic space and then I guess I realized after the whole ADU thing that came up in the state that he would like to have an ADU unit. So I think he approached Chris and asked if he could raise the ceilings and I think there was a miscommunication and understanding between Chris and Nishio about how high he could go and you know and I maybe Chris could I make my long time I produce high that's my I make

he's he's yeah he's saying he made the mistake he had his uh nephew build okay but as it's currently configured you could still use it as an ADU just a smaller one with one bedroom with what's on the first level. Correct. Yes. Okay. I don't have one another and the the main house is a two family. They could not use they could not use the second floor for any habitable space. Correct. It does not meet the required headroom to meet the intent of the building codes. But without that they can still use they went they were here earlier to put a larger garage door in. Garage door. Right. Earlier petition, right? Yep.

And then once it was done, they realized that storage space when the state came out with this. Wow. Can I use some of this? Some of this because he still if this gets approved has to meet all the state regulations with the not resulting in 60% of one of the units in the house. Correct. Well, some of that is going to get deemed useless. You know, I'm not going to let them heat it. I'm not going to let them It's going to be deemed storage only, not part of what they're attempting to do. I cross that bridge once if they get granted to make it legal.

Okay. I Yeah, I saw that in the diagrams. But my question was um if you're looking for a special use permit for um the Well, you don't even need a special use permit. If you're looking to make that garage um an ADU, even without that second floor live living space, you can still do that with what's currently on the first level, right? Because you have a It's mostly garage space on the first level and but you have a bedroom, a bathroom, living space. Yeah. Um and your main house is a two family. Yes. And are you you're currently registered short-term rental?

Yes. One uh one apartment upstairs as for as as a as legal, you know, all every year you have the city hall give the permit you have in walls. And you you reside in one of those apartments in the main house. I'm sorry. You reside in one of the the apartments in that main that main house. You live in the house. Yes, I live in the main house. The first floor.

So um I guess I'm just trying to get an idea of what like the hardship is um to to grant you relief from the height. My daughter is my daughter come live together us you know in this exact one time you know everything done I can go for garage me and my wife is stay over there is my daughter stay in my house and upstairs can stay for the hand I have one hand just one you know not the ones for my family um

so I guess so I guess I'm confused now so you want to make an ADU in the garage but you need to raise the ceilings, right? Then there's an you have the actual living house that's upstairs as Airbnb and then you live downstairs with your wife and daughter. Mhm. And then you want to rent that out and move into the a uh I I don't want to hint for my daughter. My daughter stay over there. You know, she's can help me. I don't hint for her. You know what I'm saying? She's stay over there. I don't hint for her. I say she's help daddy and mom. You know, I come, you know, soon I come I retire, you know. Okay. So, your daughter's going to stay in the main house, first floor.

Yes. And the ADU you're creating for yourself and your wife. Me and my wife to go into Okay. All right. So, as far as what's been done over there so far, he hasn't raised the roof at all at this point. No, it's at this point the second floor is storage only because it will not meet the building code criteria. Okay. So then even when he if he gets granted the variance he's asking for, you're still going to restrict the amount of living space he can put on the second floor. Meet the intent of the Rhode Island general, right? And and the first well that in that whole building I'm going to I'm not going to have

living space on the first floor separate than the second floor. It's all going to become most of that first floor is garage and storage. Yeah, there is the original thought of the bedroom and and it's just like a car, you know, but when he goes in for an ADA, an ADU, I'm going to have a building permit so I can get this on the tax roll and everything. And it's going to be not resulting in 60% of the largest unit in the house, right? Or 1,200, whichever is smaller, whatever is less. and that's going to be my job to regulate how much of this he can utilize as an ADU.

Okay. So, I also noticed that even on the proposal, he's accommodating those numbers that you're talking about. The only living space that's going on the second floor in his proposal was for the master bedroom and for the bathroom that's associated with the master bedroom. Everything else I saw that was labeled up there was still Well, however they give me on the floor plan, they give that up. You know, they could have 700 800 on the on that second floor and right 400 on the first floor and it's all one. There's no separation. It's one unit. And I want to make well sure it's one unit in that building.

And I am correct by looking at your plans. That's what you're proposing. Exactly. Yes. It's uh I have it summarized in the on the cover sheet about the actual square footage and of the first floor square footage and then the second floor square footage not exceeding the 60%. Okay, I I remember that. Any other questions? Okay, seeing none from the board, I'm going to open this up the hearing up to the public. Is there anybody present that would like to speak for or against this petition? Seeing no one, I'm going to close the public portion of the hearing and I'm going to ask for a vote on this petition.

Motion to approve. Hey Chris, motion to approve. Do I have a second? Second. Rebecca seconds. Discussion.

I'm just I'm sorry. I'm just having um a little bit of trouble with the relief of the 15t height variance. Um, our ordinances and dimensional requirements are well thought out and a lot of work goes into these and an additional 10 ft where um 15 ft 15t height is what's allowed kind of um goes against what um I believe our ordinances and dimensional requirements are are for what they're set for.

Other discussion. Um, could I add to that or or address your concern or to the chair? We've already closed the public portion here. Okay. Any other discussion? Um, Chris, you know, the the overall look of the building is not is isn't changing with the exception of just going from that flat to having that correct

roof in order to get, you know, for allow for drainage. Um, and adding a little bit of of headroom, ceiling height on that second floor to make it actually usable. So, I'm going to support it and I agree. I think uh when you look at the property itself, one of the problems with the property as it currently exists is the ground floor is very tall. Mhm.

So in order to put any kind of living space above that, you've got to go up. I think he mentioned 24 and a half is what he mentioned, but they're asking for in the petition 25. And I think that's reasonable based on the overall size of the of the building and the desire to use it as an ADU with that inhabitable space on the second floor. So for that reason, I'm going to support the petition. All in favor? I opposed. I Okay, your petition passes 4 to one. Thank you. Thank you.

Thanks. That's it. Yeah. And Richard Alicia is a motion to adjurnn. Second. Okay. Chris second. Thank you.