A meeting of the Zoning Board of Review of the Town of South Kingstown, County of Washington, in the State of Rhode Island was held at the Town Hall, 180 High Street, Wakefield on October 16, 2013. Members Present: Ernest D. George, Jr. Robert Toth Stephanie Osborn Igor Runge Douglas Bates Robert Cagnetta, Alt. John Bernardo, Alt. Also present were Nancy Letendre, Special Legal Counsel and Jeffrey T. O'Hara, Building Inspector and Clerk. Mr. George explained the burden of proof of an applicant seeking a Special Use Permit or Variance. Mr. George called the first petition. Continuation of the Petition of Tom Lockwood, 180 Peninsula Road, Wakefield, RI for a Variance to demolish an existing nonconforming dwelling and construct a 28 x 46 dwelling with a 15 x 32 open deck with a 4 x 38 ell closer to a front line than permitted in an R-20 Zone (35 required 28.7 requested) and to exceed the lot coverage by 435 sq. ft. (26.63%) (1,633 sq. ft. permitted 2,068 sq. ft. requested). Premises located at 180 Peninsula Road, South Kingstown, RI, Assessor s Map 93-1, Lot 135, Section 207 and 907. (George, Toth, Osborn, Bates, Cagnetta, Bernardo) The Chair read a letter dated October 16, 2013 from Tom Lockwood stating that he was going to apply for a building permit within the zoning guidelines and will no longer request a variance. He requested that his application be withdrawn without prejudice. Attorney Dawson Hodgson was satisfied with withdrawing the application but without prejudice is with some concern. There ensued discussion.
Mr. Toth made a motion to allow the petitioner to withdraw without prejudice. Mrs. Osborn seconded the motion. VOTE: Toth, Aye; Osborn, Aye; Bernardo, Aye; Bates, Aye; George, Aye. IT WAS THE UNANIMOUS DECISION OF THE BOARD TO WITHDRAW THE PETITION WITHOUT PREJUDICE. Mr. George read the second petition. Continuation of the Petition of Tom Pyne, 178 Eastwick Road, North Kingstown, RI for a Special Use Permit to construct a 24 x 38 cottage with an 8 x 12 covered deck and stairs replacing a demolished cottage formerly located at Row 1 East, Cottage #5 in an R-200 Zone. Premises located at Row 19, Roy Carpenters Beach, 240 Cards Pond Road, South Kingstown, RI, Assessor s Map 92-1, Lot 09-005, Section 202 and 907. Tom Pyne was sworn. Mr. Pyne submitted new plans to Board members. He had a slight change in the design of the cottage. Applicant s Exhibit #1, Plans Dated October 5, 2013 2 Sheets, was submitted. Mr. Pyne is here to try to build a cottage down at Roy Carpenters Beach after the cottage that was damaged from the hurricane Sandy. It had to be demolished and they are building a new cottage in the back. They were here last month and were told that the square footage could be up to 528 square feet. The deck size 12 by 15 feet and an outside shower and an outside shed. Speaking with Jeff it is going to be 4 feet off the ground because of the high tide mark. He was given last time the parameters that it needed to be. The Chair asked what was the flood elevation at this site. Mr. O Hara stated about 14 feet. The Chair asked the current elevation. Mr. O Hara stated it depends. Mr. Pyne stated he was about 12 feet. There ensued discussion. The Chair about the square footage of the house that was there. Mr. Pyne explained that the square footage of the house was 352 square feet. There ensued discussion. 2
There was no one in opposition present. Mr. Runge made a motion to approve the petition of Mr. Tom Pyne, and he s located at 178 Eastwick Road in North Kingstown, Rhode Island, and this is for a special use permit to construct a 24 by 24.6 cottage, and that s with a deck with the dimension of 12 feet by 15 feet 4 inches, and that s to replace a demolished cottage formerly located in Row 1 East, that s cottage #5, in an R-200 Zone. Premises located at Row 19, which is the last row from the beach now, the new one, and that s 240 Cards Pond Road in South Kingstown. Mr. Pyne has maximized what the stipulations were earlier for the rebuild effort, and he ll be increasing the size of his cottage no more than 50 percent with what the previous size was, and the plans he submitted today, we ll put those in the record and that also indicates a pitch of 1 to 4 for the roof, and elevation of the roof from the bottom of floor joists, it s listed as 14 feet, and the cottage will be lifted above grade on piles, it looks like 4 feet. And, again, I want to make sure that we ve got the new site plan and the new drawings, two sheets, that he submitted today, and there s quite a bit of change from the previous one, and that s a special use permit. In granting this permit, I believe, that this will not alter the general character of the surrounding area or impair the intent or purpose of this Ordinance or Comprehensive Plan. I want to tie it to the new plan, he submitted it today, two pieces, two sheets dated October 5, 2013, Applicant s Exhibit #1. Mr. Bates seconded the motion. VOTE: Runge, Aye; Bates, Aye; Osborn, Aye; Toth, Aye; George, Aye. ` IT WAS THE UNANIMOUS DECISION OF THE BOARD TO GRANT THE PETITION TIED TO A SITE PLAN DATED OCTOBER 5, 2013, APPLICANT S EXHIBIT #1. Mr. George read the third petition. Petition of Alan D. Kline, PO Box 8122, Lynn, MA for a Variance to demolish an existing nonconforming dwelling and construct a 28 x 40 dwelling with a 3 x 16 ell closer to a front line than permitted in an R-20 Zone (35 required 24.3 requested). Premises located at 729 Middlebridge Road, South Kingstown, RI, Section 207 and 907. Jason Kroll, Engineer, was sworn. Mr. Kroll is representing the applicant this evening. Mr. Kroll is with Frisella-Balch & Associates and they were hired by Mr. Kline to prepare a site development plan. 3
The Chair asked why they can t build it and meet the zoning setbacks. Mr. Kroll stated that they are within CRMC jurisdiction. There is a 50 setback from the coastal feature that they cannot meet. CRMC s policy is that they will allow you to build no closer than what is there already. There is a drainage easement that runs along the northerly side property line which overlaps the dimensional building setbacks. The house is currently encroaching on the front yard and side yard as well. Questions ensued from Board members. Mr. Runge noted that there is not too much of a change from the existing structure. Mr. Kroll explained it was a little over 100 sq. ft. increase in size. They aligned it to meet the side yard setback. Mr. Runge noted that the previous one was nonconforming and as this one will be. The Chair noted this will be more conforming on the side and less in the front. The Chair asked how much land was there. Mr. Kroll responded about 10,000 sq. ft. Ed Audet was sworn. He lives in a house just north adjacent to this property. They have adjoining paved driveways. At the end of the driveway is a storm drain. There is a 15 foot easement on this property involved going down to Narrow River where the drain exists. His concern is that he got flooded at one time because the driveways are close in elevation, that during the course of construction and after construction, the existing grades on this driveway on this property in question are less than or equal to the grades that are there now. He just wanted to go on record and make the Town aware of this situation. It is a 15 foot easement that the Town has. He didn t know if the Town is responsible for this or the homeowner. He just didn t want to get flooded again. There ensued discussion. Mr. Kroll explained that right now they are not proposing to make any modifications whatsoever to the driveway. Erosion control measures they put in place on the edge of the pavement prior to any demolition. Questions ensued from Board members. There ensued discussion. Mr. Audet submitted 2 copies of elevations that his surveyor had given him. Opponent s Exhibit #1, Elevation Plans Prepared by Environmental Planning & Surveying, Inc., was submitted. Runge made a motion to approve the petition of Alan Kline, PO Box 8122, Lynn, Mass., for a variance to demolish an existing nonconforming dwelling and construct a 28 foot by 40 foot dwelling with a 3 foot by 16 foot ell closer to a front 4
line than permitted. This is in an R-20 Zone, 35 feet required and he s requesting 24.3 feet. Premises located at 729 Middlebridge Road, South Kingstown. Jason Kroll is here representing the applicant, engineer with Frisella-Balch, and I guess the house is essentially replacing the home that will be demolished, it s similar in size, about 100 square feet larger. It will be shifted slightly, rotated slightly. It will be making a side setback conforming and the front setback still nonconforming, so it will be fixing a situation that was nonconforming on two sides; now it will be just nonconforming on one side. There was some opposition by the homeowner, I believe Mr. Audet, who lives in the dwelling to the north side, about drainage, and I think, what I believe I heard, is that Mr. Kroll and Mr. Audet have discussed it and they realize they want to maintain the driveway as free of any runoff excess and no more grading to the new dwelling or side to promote anymore additional water on the driveway. And I guess Mr. Kroll has agreed to that. The owner will agree with that. With that said, this is a variance. In this case, the granting of this variance will not alter the general characteristics of the surrounding area or impair the intent or purpose of the Ordinance. Mrs. Osborn seconded the motion. VOTE: Runge, Aye; Osborn, Aye; Toth, Aye; Bates, Aye; George, Aye. IT WAS THE UNANIMOUS DECISION OF THE BOARD TO GRANT THE PETITION. Mr. George read the fourth petition. Petition of Frank A. Sinapi, 111 Wayland Avenue, Cranston, RI for a Special Use Permit to demolish a 22 x 20 cottage with a 6 x 22 open deck and 4 x 6 shed and construct a 24 x 27 cottage with an 8 x 23 open deck in an R-200 Zone. Premises located at Row 18 East, Cottage #12, Roy Carpenters Beach, 240 Cards Pond Road, South Kingstown, RI, Assessor s Map 92-1, Lot 09-214, Section 203 and 907. Frank Sinapi was sworn. Mr. Sinapi is proposing to demolish the house and build another one. existing house is 20 x 22. The proposed house is 24 by 27. The The Chair noted that was under 50%. The Chair noted that he was going to be 16 on one side and 18 on the other side. Mr. Sinapi responded yes. The Chair noted that he is proposing a deck that is not enclosed that is 23 by 8 and that will include the stairway in the deck. Mr. Sinapi responded yes. 5
There was no one in opposition present. Mr. Runge made the motion for Mr. Frank Sinapi of 111 Wayland Avenue, Cranston, for a special use permit to demolish a 22 foot by 20 foot cottage with a 6 foot by 22 foot open deck and a 4 foot by 6 foot shed and construct a new cottage, not to exceed these dimensions: 24 by 27 feet with an 8 foot by 23 foot open deck, in an R-200 Zone. Premises located at Row 18 East, Cottage #12, Roy Carpenters Beach at 240 Cards Pond Road in South Kingstown. The home will be no more than 50 percent larger than what it is now; that s why the dimensions, he won t exceed 24 by 27. The roof pitch, the owner has agreed of a roof pitch, 4 feet to 1. The base flood elevation will be 2 feet above the base flood elevation in that area. And with that said, this is a special use permit because we have a number of homes on one lot, and in granting this special use permit, will not alter the general character of the surrounding area or impair the intent or purpose of this Ordinance or the Comprehensive Plan. Mrs. Osborn seconded the motion. VOTE: Runge, Aye; Osborn, Aye; Toth, Aye; Bates, Aye; George, Aye. IT WAS THE UNANIMOUS DECISION OF THE BOARD TO GRANT THE PETITION. Mr. George read the fifth petition. Petition of Joseph & Kathryn Scott, 142 Cox Road, Portland, CT for a Variance to remove an 8 x 27 deck/storage area, 6 x 20 porch/kitchen area and 10 x 24 2 nd floor deck and construct an 8 x 23.6 addition to the south side of dwelling with a 10 x 11.6 covered porch to the south side of dwelling closer to a side line than permitted in an R-20 Zone (10 required 8.79 requested). Also, to construct a 1-4 addition to the east side with an 8 x 16 covered porch and 2 nd floor open deck with stairs to grade closer to the north side line than permitted (10 required 6.5 requested). Premises located at 45 Peninsula Road, South Kingstown, RI, Assessor s Map 93-1, Lot 101, Section 207 and 907. Karl Sauerbrey, the architect and Joseph Scott, the property owner, were sworn. Mr. Sauerbrey explained the dimensional relief requested to Board members. The reason they are asking for the dimensional relief is essentially they have a tight site. The total width of the site is 51 feet. They went to lengths to try to keep the house as is mainly for neighborhood reasons. His clients love the neighborhood setting. He designed a house 3 houses up where he did the same thing of keeping things in character with the neighborhood. They are proposing to remove the existing porch and shed and an addition on the back, the east, and the two foot infringement on the south. On the second 6
floor they are going out towards the east but it is not something they are asking relief from. Mr. Sauerbrey had two letters from neighbors giving their approval of this proposal. The Chair read the letters from the file as follows: 1. Dated October 7, 2013 from John & Deb Deion 2. Dated October 7, 2013 from Daniel & Barbara LaCroix Both letters were in support of the applicant. Questions ensued from Board members. There was no one in opposition present. Mrs. Osborn made a motion that we consider passing the petition of Joseph and Kathryn Scott, 142 Cox Road, Portland, Connecticut, for a variance to remove an 8 foot by 27 foot deck/storage area, a 6 foot by 20 foot porch/kitchen area, and 10 foot by 24 foot 2 nd floor deck and construct an 8 foot by 23.6 foot addition to the south side of the dwelling with a 10 foot by 11.6 foot covered porch to the south side of the dwelling closer to a side line than permitted in an R-20 Zone, 10 feet required, 8.79 feet requested. Also, to construct a 1 foot 4 inch addition to the east side with an 8 foot by 16 foot covered porch and 2 nd floor open deck with stairs to grade closer to the north side line than permitted, 10 foot required, 6.5 foot requested. Premises are located at 45 Peninsula Road, South Kingstown, Rhode Island, Assessor s Map 93-1, Lot 101. The architect has been here this evening along with Mr. Scott and they have explained in detail the architecture of the house and why these variances are requested this evening, and I would like to attach it to the site plan that was presented this evening dated September 11, 2013. And in granting the variance, it would be a hardship if the applicant s relief was not granted, and it is certainly in tune to the character of the surrounding area of where this alteration shall take place. Mr. Runge seconded the motion. Mrs. Osborn amended her motion to tie it to the site plan just so it s apparent that the maximum variance shall be 1.21 feet on the south side and 3.5 feet on the north side. Mr. Runge seconded the amended motion. VOTE: Osborn, Aye; Runge, Aye; Toth, Aye; Bates, Aye; George, Aye. 7
IT WAS THE UNANIMOUS DECISION OF THE BOARD TO GRANT THE PETITION. It was noted for the record that Mr. Toth had left the meeting. Mr. George called the 12 petitions of Miriam Walka. CT for a Special Use Permit to install a 12 x 34 trailer with an 8 x 38 open deck on an empty site in a CW Zone. Premises located at 691D Succotash Road, Wakamo Park, South Kingstown, RI, Assessor s Map 87-3, Lot 5-60, Section 202 and 907. (George, Osborn, Runge, Bates, Cagnetta) CT for a Special Use Permit to install a 12 x 35 trailer with an 8 x 26 open deck on an empty site in a CW Zone. Premises located at 667H Succotash Road, Wakamo Park, South Kingstown, RI, Assessor s Map 87-3, Lot 5-25, Section 202 and 907. (George, Osborn, Runge, Bates, Cagnetta) CT for a Special Use Permit to replace a 10 x 55 trailer with two (2) 6 ½ x 9 bump outs and a 8 x 20 deck with a 12 x 45 trailer with a 8 x 24 open deck with a 2 x 8 ell in a CW Zone. Premises located at 691M Succotash Road, Wakamo Park, South Kingstown, RI, Assessor s Map 87-3, Lot 5-77, Section 202 and 907. (George, Osborn, Runge, Bates, Cagnetta) CT for a Special Use Permit to replace a 10 x 50 trailer with a 8 x 16 open deck with a 10 x 36 trailer with a 10 x 34 open deck in a CW Zone. Premises located at 691K Succotash Road, Wakamo Park, South Kingstown, RI, Assessor s Map 87-3, Lot 5-66, Section 202 and 907. (George, Osborn, Runge, Bates, Cagnetta) CT for a Special Use Permit to replace a 12 X 36 trailer with a 10 X 28 open deck with a 12 x 40 trailer with a 10 x 10 open deck, 10 x 18 covered porch and 6 x 11 open deck in a CW Zone. Premises located at 691X Succotash Road, Wakamo Park, South Kingstown, RI, Assessor s Map 87-3, Lot 5-10, Section 202 and 907. (George, Osborn, Runge, Bates, Cagnetta) CT for a Special Use Permit to replace a 37 motor home with a 14 x 64 trailer with a 12 x 20 wood deck in a CW Zone. Premises located at 689I Succotash Road, Wakamo Park, South Kingstown, RI, Assessor s Map 87-3, Lot 5-23, Section 202 and 907. (George, Osborn, Runge, Bates, Cagnetta) 8
CT for a Special Use Permit to replace a 12 x 65 trailer with an 8 x 13 porch with a 13 x 48 trailer with a 9 x 24 open deck in a CW Zone. Premises located at 689C Succotash Road, Wakamo Park, South Kingstown, RI, Assessor s Map 87-3, Lot 5-51, Section 202 and 907. (George, Osborn, Runge, Bates, Cagnetta) CT for a Special Use Permit to replace a 10 x 39 trailer with a 8 x 20 open deck with a 14 x 48 trailer with a 10 x 26 and 4 x 8 open decks in a CW Zone. Premises located at 691H Succotash Road, Wakamo Park, South Kingstown, RI, Assessor s Map 87-3, Lot 5-68, Section 202 and 907. (George, Osborn, Runge, Bates, Cagnetta) CT for a Special Use Permit to replace a 12 x 55 trailer with a 12 x 24 open deck with a 14 x 60 trailer with a 6 x 14 covered porch in a CW Zone. Premises located at 689H Succotash Road, Wakamo Park, South Kingstown, RI, Assessor s Map 87-3, Lot 5-19, Section 202 and 907. (George, Osborn, Runge, Bates, Cagnetta) CT for a Special Use Permit to replace a 10 x 32 trailer with a 10 x 12 ell with a 12 x 52 trailer with an 11 x 12 open deck in a CW Zone. Premises located at 689K Succotash Road, Wakamo Park, South Kingstown, RI, Assessor s Map 87-3, Lot 5-93, Section 202 and 907. (George, Osborn, Runge, Bates, Cagnetta) CT for a Special Use Permit to replace a 12 x 50 trailer with a 10 x 14 open deck with a 14 x 48 trailer with a 10 x 40 open deck in a CW Zone. Premises located at 689J Succotash Road, Wakamo Park, South Kingstown, RI, Assessor s Map 87-3, Lot 5-21, Section 202 and 907. (George, Osborn, Runge, Bates, Cagnetta) CT for a Special Use Permit to replace an 8 x 34 trailer with a 12 x 33 trailer with a 9 ½ x 27 open deck in a CW Zone. Premises located at 691C Succotash Road, Wakamo Park, South Kingstown, RI, Assessor s Map 87-3, Lot 5-71, Section 202 and 907. (George, Osborn, Runge, Bates, Cagnetta) The Chair noted that last time the Board requested that they submit a site plan indicating the size of all the buildings on the lot and the use of all the buildings and the site plan to scale showing the buildings and the trailers. Attorney Steven Surdut was present on behalf of the applicant. Attorney Surdut called his only witness this evening. 9
Sergio Cherenzia, engineer, was sworn. Mr. Cherenzia described the plans before the Board tonight. At the request of the Board they prepared some updated mapping for the project. They prepared 3 different maps. The 1 st map (1 st sheet) taking their 2006 aerial mapping, they took the aerial photograph from Google maps from 2013 and overlaid their aerial mapping onto that aerial photograph. The 2 nd map (2 nd sheet) they went through and took all the dimensions from the assessor s cards and superimposed those buildings and dimensions onto the aerial map. The 3 rd map (3 rd sheet) in green are the building outlines from the assessor s cards, the buildings in the red are from the aerial mapping. Mr. Surdut asked that all three sheets be entered as exhibits. Applicant s Exhibit #1, Sheet 1, Applicant s Exhibit #2, Sheet 2, Applicant s Exhibit #3, Sheet 3 Composite Site Plans Prepared for Victor Walka, Shoreline Realty Co., Inc., were submitted. There ensued discussion regarding the maps submitted. The Chair questioned the Phase II V noted on the top of the site plans submitted. Mr. Cherenzia explained that the phasing aren t relevant to the map itself. Those as more toward what the septic system phases are going to be but the tables identify how many bedrooms are in each. Questions ensued from Board members. The Chair asked do they go by the aerial photography or the Tax Assessor s Cards. Mr. O Hara stated it depends on the Board s decision. Mr. O Hara noted that there are 4 units in question in his mind. They are licensed for 30 trailer sites. Mr. O Hara asked that those 4 units not be included in any decision that the Board makes tonight. That would be for future applications. Mr. Surdut asked that the three maps be entered as findings of fact the baseline of what is there going forward. There ensued discussion. The Board took a short break. 10
Mrs. Letendre offered a motion for the Board s consideration. Mr. Runge made the motion to grant the petition, the 12 petitions of Miriam Walka of 135 Norwich Avenue, Norwich, Connecticut, for a special use permit to install 12 trailers with associated decks and porches as specified in each application listed on the agenda. The special use permit is granted in accordance with the location of those trailers as indicated on Sheet 2, Applicant s Exhibit #2 of the exhibits, and in accordance with the December 31, 2012 Tax Assessor s records for the size and footprint of those units. In support of this motion, I find that the granting of the special use permit will not alter the general characteristics of the surrounding area or impair the intent and purpose of the Zoning Ordinance or the Comprehensive Plan. It should be noted that this is a licensed park for up to 30 trailer sites, yet the granting of a special use permit is for the repair and/or installation of new replacement trailers on only 12 of the allowed trailer sites. Mr. George seconded the motion. VOTE: Runge, Aye; Osborn, Aye; Cagnetta, Aye; Bates, Aye; George, Aye. IT WAS THE UNANIMOUS DECISION OF THE BOARD TO GRANT THE 12 PETITIONS IN ACCORDANCE WITH SHEET 2 - APPLICANT S EXHIBIT #2 AND THE DECEMBER 31, 2012 TAX ASSESSOR S RECORDS. Mr. George called the two appeals. Continuation of the Appeal of Shore Line Realty Company, Inc., 135 Norwich Avenue, Norwich, CT Appealing the Decision of the Building Official in a letter dated August 1, 2012. Premises located on Succotash Road, South Kingstown, RI, Assessor s Map 87-3, Lots 5 & 6, Section 909. Continuation of the Appeal of Shore Line Realty Company, Inc., 135 Norwich Avenue, Norwich, CT Appealing the Decision of the Building Official in a letter dated October 3, 4 & 5, 2012. Premises located on Succotash Road, South Kingstown, RI, Assessor s Map 87-3, Lot 5, Section 909. Mrs. Letendre noted that it was her understanding, since the special use permit has been granted, the applicant would like to withdraw the second appeal of Shoreline Realty Company, the one that is associated only with Lot 5. She asked if that was correct. Mr. Surdut stated that is correct and the other issues, he is going to speak to the Zoning Official about and do our best to resolve them. 11
Mr. George made the motion to withdraw the Appeal of Shore Line Realty Company, Inc., Assessor s Map 87-3, Lot 5 without prejudice. Mr. Bates seconded the motion. WHEREUPON A VOICE VOTE WAS TAKEN MOTION PASSES TO WITHDRAW THE APPEAL OF SHORE LINE REALTY COMPANY, INC., ASSESSOR S MAP 87-3, LOT 5 WITHOUT PREJUDICE. Mr. Surdut requested that the petition of Shore Line Realty Company, Inc., Assessor s Map 87-3, Lots 5 & 6 be continued to the December meeting so he can have some time to meet with the Building Official with an attempt to resolve those issues and come back before the Board. Mr. George made the motion to continue the petition of Shore Line Realty Company, Inc., Assessor s Map 87-3, Lots 5 & 6, the appeal of the Decision of the Building Official in a letter dated August 1, 2012, to December 18, 2013. Mr. Runge seconded the motion. WHEREUPON A VOICE VOTE WAS TAKEN MOTION PASSES TO CONTINUE TO DECEMBER 18, 2013. Minutes The minutes of the August 21, 2013 meeting were approved as written. Adjournment As there was no further business the meeting adjourned at 8:47 p.m. 12