minutes from the regular meeting of the …

of 13

MINUTES FROM THE REGULAR MEETING OF THE

NARRAGANSETT ZONING BOARD

Thursday, February 15th, 2018 at 6:30 p.m.

Large Board Room of the Narragansett Town Hall

CONVENE: Mr. Manning called the meeting to order at 6:30 p.m.

ROLL CALL: Mr. Manning, Mr. Ferraro, Mr. Paglia, Mr. Kennedy, and Mr. Almon

ABSENT WITH CAUSE: Mrs. Citrone and Mr. Brunetti

CONSENT AGENDA

1C: Minutes: Approval of meeting minutes from January 18, 2018.

A Motion is made by Mr. Ferraro and duly seconded by Mr. Kennedy to approve the Consent

Agenda. Motion passes 4 to 0.

(Mr. Manning, Mr. Ferraro, Mr. Paglia, and Mr. Almon)

2R: Public Hearing: Thomas Szelag, Assessor’s Plat L, Lot 273 (Ocean Road / Pocono Road)

Donald J. Packer introduced himself to the Board as the Attorney for the applicant and informed

them his first witness will be Scott Moorehead, the Project Engineer.

Scott Moorehead was sworn in as a Registered Professional Engineering and informed the

Board that he prepared the Site Plan for this Zoning application.

Mr. Manning stated that for the purpose of this public hearing, Mr. Moorehead will be recognized

as an Expert Witness in the field of engineering.

Mr. Moorehead explained that the above-referenced property comprising of Lots #73, 74, and 75,

is located on the corner of Pocono Road. These lots were previously merged into one and measure

16,000 sq. ft. in size. There is a small existing wetland measuring less than 3 acres in size that has

no buffer on it. He stated the proposal includes a 30 ft. by 48 ft. single-family four-bedroom home,

which meets all of the setbacks and will be built in the area on the eastern portion of the site. The

wetlands were delineated by Natural Resources Services, Inc. He added an application had been

submitted to CRMC to have the wetlands verified, and he showed the Board the letter of

verification. He also obtained a Preliminary Determination and added that the property is serviced

by Town water and sewer.

He further stated that the proposed driveway will be pervious according to the requirements of

both the Town and CRMC, so the drainage will be absorbed underneath. The proposed house will

have downspouts piped to a bio-retention area, or rain garden, which will be located in the front

right of the house. This system is sized for up to the 25-year storm, in accordance with the Town’s

of 13

drainage calculations. These calculations were submitted to the Town Engineering Department,

and he submitted a copy of the storm-water analysis, which was revised as of August, 2017.

When asked by Mr. Packer, Mr. Moorehead stated the project will not obstruct any floodways

because there are none; nor will the project obstruct or cause any sedimentation of the wetlands.

He further stated that the project will not reduce the capacity of the nearby wetland to absorb any

pollutants.

Mr. Ferraro asked if there was a house plan available to review.

Mr. Packer replied no, but they could ask questions of Mr. Chofay, the builder.

Scott Rabideau was sworn in as a Wetlands Biologist and informed the Board that he was

retained to work on the site development for this lot in April of 2017.

Mr. Manning stated that for the purpose of this public hearing, Mr. Rabideau would be considered

an Expert Witness in the field of Wetland Biology.

Mr. Rabideau stated his firm did the wetlands flagging and assisted with getting the Edge

Verification done through CRMC. He submitted the report he prepared dated October 10, 2017,

which relates to the Development Standards of the Narragansett Zoning Ordinance. He explained

the 6,000 sq. ft. isolated forested wetland receives a lot of run-off from both Ocean Road and

Pocono Road. At one point in time, he stated there was a big swamp in the adjoining lot, which is

now fragmented.

Mr. Rabideau informed the Board that a forested wetland is less than 3 acres in size and does not

receive a buffer zone under the CRMP Freshwater Wetland regulations. They require 10 ft. of

separation distance for any development. This information was submitted to CRMC, and they

received a findings letter that stated the project avoided and minimized any impacts to the

freshwater wetlands; and it would receive an administrative review through the agency providing

that all of the appropriate documentation be submitted with the application.

When asked by Mr. Packer, Mr. Rabideau stated that this project will not degrade the biological

value of the abutting wetland; nor will it directly or indirectly degrade the water quality in the

surrounding wetlands.

George Daglieri was sworn in as a Real Estate Appraiser.

Mr. Manning stated that for the purpose of this public hearing, Mr. Daglieri would be considered

an Expert Witness in the field of real estate appraisal.

Mr. Daglieri informed the Board that he prepared a written report for his testimony and he is

familiar with this project. He described the site as having already been established with 16,000 sq.

ft. with frontage on both Pocono and Ocean Road. The area occupancy is primarily seasonal, but

there are some year round residents coupled with some winter rentals. Overall, he stated the

surrounding lots are small, averaging 75 ft. in depth; but this one is an exception in that it is quite

of 13

large for the neighborhood. The Comprehensive Plan calls for medium to high-density

development there, and this project fits the bill. Most of the homes are at minimum setbacks, and

he shared with the Board the pictures of the surrounding homes. He described the assessed value

of this lot as $91,700. Based upon his knowledge of the area, he stated the potential granting of a

special use permit will not injure the appropriate use of the surrounding properties because the

proposed use is typical of each existing dwelling, which consists of all single-family homes.

Ronald Chofay was sworn in as the builder of this home and stated the footprint is typical of

what he is used to working with. He described the decks as being internal, the two front garage

spaces are inside, and the 48 ft. by 30 ft. 3-story home will be slab on grade.

When asked by Mr. Ferraro, he stated he has no footprints currently available. The covered front

porch and stairs are all internal, and most of the lower level is the garage and the mechanicals. The

second and third floor reflect the normal living space. He informed the Board that the originally

planned deck was removed from the back because CRMC would not allow it; and the updated site

plan is the reduced version, showing they now meet all of the dimensional requirements for the

Town. He feels this footprint works for the size of the lot.

Applicant’s Exhibits:

1. Site Plan

2. Letter from CRMC

3. Preliminary Determination

4. Storm Water Drainage calculations

5. Letter of approval from Engineering Department

6. Letter from Scott Rabideau, Natural Resources, Inc.

7. George Daglieri’s report

8. Assessor’s Tax records

Mr. Manning asked if there were any opponents or proponents that would like to speak.

There were none.

A Motion is made by Mr. Almon and duly seconded by Mr. Paglia to close the Szelag Public

Hearing. Motion passes 5 to 0.

(Mr. Manning, Mr. Ferraro, Mr. Paglia, Mr. Kennedy, and Mr. Almon)

A Motion is made by Mr. Kennedy and duly seconded by Mr. Paglia to adopt the Findings of

Fact as outlined in the Project Summary dated February 21, 2018. Motion passes 5 to 0.


A Motion is made by Mr. Kennedy and duly seconded by Mr. Paglia to grant the requested

relief, subject to Staff Conditions #2 through #9, eliminating #1, and changing Staff Condition #2

to read that all construction is done in strict conformance with the Site Plan provided as listed

below:

2. That all construction is done in strict conformance with the proposed Site Plan provided.

Once a Certificate of Occupancy has been issued, this project shall be considered complete;

of 13

any future Building Permit Applications that do not otherwise require Zoning Relief shall

not be required to seek an amendment to this condition.

3. That Zoning Board approval is contingent upon the issuance of an assent by CRMC for

this project as proposed. If CMRC were to modify the Site Plan, this project may still be

approved provided additional zoning relief is not necessary.

4. That all conditions of the October 27, 2017 approval letter from the Engineering

Department are strictly adhered to.

5. That the proposed driveway is made of pervious material and a 7’ bituminous apron is

constructed along the width of the driveway at the intersection of Pocono Road.

6. The Limit of Disturbance line must become permanent and permanently marked. No

clearing, cutting, or filling may occur to the wetland side of this limit.

7. That any proposed site work or landscape improvements such as driveway construction,

grading and/or other landscape improvements within the public right-of-way (between the

property line and existing edge of pavement) are subject to review and approval of the

Department of Public Works. No site work may begin until the project has been reviewed,

approved, and a road construction permit is issued by the DPW. In addition, a track off pad

must be installed and used for the duration of onsite construction.

8. That any area of disturbance be reseeded or sodden with a low maintenance conservation

grass mixture. Only slow release fertilizers are permitted to maintain an intact vegetative

cover.

9. That prior to the issuance of a building permit, the applicant must submit a comprehensive

erosion control plan to the building official for their approval. The plan must be in

accordance with the Rhode Island Soil Erosion and Sedimentation Control Handbook. Said

erosion control measures must be in place prior to the start of any construction and shall

be maintained or replaced throughout the construction phase. They may only be removed

when vegetative cover has been restored.

Motion passes 5 to 0.


3R: Public Hearing: UBS Realty, Assessor’s Plat P, Lot 320 (332 South Pier Road)

John Kenyon introduced himself to the Board as the Attorney for the applicant and informed them

the lot measures just over 1.4 acres in size and is located in an R-10 Zoning District. There is an

existing single- family residence on the property, which is serviced by Town water and sewer. The

proposal includes a 6 ft. by 28 ft. covered front porch; and the existing house is located 30.04 ft.

from the front yard line. With the addition of the front porch it, would be located 24.04 ft. from

the front yard line. There is a Town requirement of 25 ft., so he is requesting a variance of just

under 1 ft. He is also proposing the removal of 396 sq. ft. of concrete pad, which will actually

reduce the overall lot coverage on the property. It is in located a High water Table Overlay District

so there is no issue with lot coverage. It was also determined that no supplementary drainage was

required, and the Planning Board gave a positive recommendation with three conditions, which

the applicant is fine with.

John Boucher was sworn in as the property owner and informed the Board he is the President of

UBS Realty, Inc. He stated he prepared the Site Plan that was submitted along with the application

of 13

and stated there is an existing 885 sq. ft. single-family residence located in the northwest corner of

the property along with a garage. He explained this has been a summer home for he and his wife;

and they are now looking to enhance the property by adding a front porch, which would be the

width of the house. They like to spend time outside and watch all of the summer events that go

right by the front of their house.


1. Site Plan


There were none.

A Motion is made by Mr. Ferraro and duly seconded by Mr. Paglia to close the UBS

Realty/Boucher Public Hearing. Motion passes 5 to 0.


A Motion is made by Mr. Almon and duly seconded by Mr. Paglia to adopt the Findings of

Fact as outlined in the Project Summary dated January 24, 2018. Motion passes 5 to 0.


A Motion is made by Mr. Almon and duly seconded by Mr. Paglia to grant the requested relief,

subject to Staff Conditions #1 through #3 listed below:

1. That all construction is done in strict conformance with a Site Plan. Once a Certificate of

Occupancy has been issued, this project shall be considered complete; any future Building

Permit Applications that do not otherwise require Zoning Relief shall not be required to

seek an amendment to this condition.



cover.









4R: Public Hearing: Frank and David Caprio - Assessor’s Plat N-B, Lot 30-2 (Old Boston

Neck Road)

John Shekarchi introduced himself to the Board as the Attorney for the applicant and informed

them the Caprio’s have owned this property for over 25 years and have recently obtained an

of 13

ISDS and CRMC approval to go forward. This proposal includes the construction of a 26 ft. by

30 ft. three-bedroom colonial type home.

Chris Duhamel was sworn in as a Professional Engineer and Land Surveyor.

Mr. Manning stated that for the purpose of this public hearing, Mr. Duhamel would be considered

an Expert Witness in the field of Engineering.

Mr. Duhamel informed the Board that DiPrete Engineering was hired to survey the existing lot of

record, which measures 150 sq. ft. by 273 sq. ft. in size and is located in an R-80 Zone. It is

permitted to be used for a single-family resident. He stated there were no freshwater wetlands

found on the property, and there were test holes performed to find a suitable area for the septic

system. They have proceeded with a bottomless sand filter septic system design for a single family,

3-bedroom home with a 30 ft. by 38 ft. width and a two-car 24 ft. by 24 ft. garage.

He explained they have received approval from DEM for the OWTS. They have also submitted

the subject design to CRMC for a Preliminary Determination, who have evaluated the accurate site

design and confirmed there to be no freshwater wetlands on the property. He stated a request has

also been submitted to the Town Engineering Department for review of the drainage design under

Section 7.7, and they have received a letter of approval for that plan.

Mr. Shekarchi stated the abutter across the street wanted it verified that the project did not require

any additional relief.

Mr. Duhamel replied that the subject lot is bounded by both the town lines of Narragansett and

North Kingstown. The lot drains south and easterly to Boston Neck Road, and then there is a

southerly swale that drains into Boston Neck Road. It does not cross the roadway and does not go

north so there would be no impact, adverse or otherwise for the development of this lot onto the

subject lot. He added the garage slab and the basement slab are at the same elevation, and the lot

has fill to accommodate the first floor. There is a walk out basement in the back yard.

Mr. Shekarchi requested that the letter from the abutter be put into the record, confirming that

their presentation regarding this issue has been satisfied.


There were none.

A Motion is made by Mr. Paglia and duly seconded by Mr. Ferraro to close the Caprio

Public Hearing. Motion passes 5 to 0.


A Motion is made by Mr. Ferraro and duly seconded by Mr. Paglia to adopt the Findings of

Fact as outlined in the Project Summary dated February 2, 2018. Motion passes 5 to 0.


of 13

A Motion is made by Mr. Ferraro and duly seconded by Mr. Paglia to grant the requested

relief, subject to Staff Conditions #1 through #8, eliminating #3; and changing #1 to read that all

construction be done in substantial conformance with the June 16, 2017 Site Plan completed by

DiPrete Engineering, and in substantial conformance with the revised floor and elevation plans

completed by DLR Dimensions, Inc. as listed below:

1. That all construction is done in substantial conformance with the revised Site Plan

completed by DiPrete Engineering dated June 16, 2017 and in substantial conformance

with the Floor and Elevation Plans completed by DLR Dimensions, Inc. dated September

12, 2017. Once a Certificate of Occupancy has been issued, this project shall be considered

complete; any future Building Permit Applications that do not otherwise require Zoning

Relief shall not be required to seek an amendment to this condition.

2. That all conditions of the RIDEM approved 3-bedroom OWTS (Application No.

Application No. 0520-0976) are strictly adhered to. If public sewers were to become

available in this area, this condition no longer applies.

4. That all conditions of the August 28, 2017 approval letter from the Engineering Department

are strictly adhered to.

5. That the proposed driveway is made of pervious material and a 7’ bituminous apron is

constructed along the width of the driveway at the intersection of Old Boston Neck Road.

6. That any proposed site work or landscape improvements such as driveway construction,








cover.







Motion passes 5 to 0. (Mr. Manning, Mr. Ferraro, Mr. Paglia, Mr. Kennedy, and Mr. Almon)

5R: Public Hearing: Robert and Patricia Risica – Assessor’s Plat B-2, Lot 99A (80 Riverside

Drive)

Mr. Jeffrey Balch from Frisella and Balch was sworn in and informed the Board that the

applicant would like to apply for a Special Use Permit to construct a 16 ft. by 20 ft. deck at the

rear of his property, which is located at the end of Riverside Drive. The proposed deck is contained

within the existing lawn area, so there would be no changes to buffers or wetlands; nor would there

be any effect on the drainage. The proposed deck is located about 40 ft. from the wetlands. He

of 13

further noted the Zoning Board previously approved this deck in 2006, but it was never

constructed.


There were none.

A Motion is made by Mr. Paglia and duly seconded by Mr. Almon to close the Risica Public

Hearing. Motion passes 5 to 0.


A Motion is made by Mr. Kennedy and duly seconded by Mr. Ferraro to adopt the Findings

of Fact as outlined in the Project Summary dated February 2, 2018. Motion passes 5 to 0.


A Motion is made by Mr. Kennedy and duly seconded by Mr. Paglia to grant the requested

relief, subject to Staff Conditions #1 through #4 listed below.

1. That all construction is done in strict conformance with a Site Plan completed by Frisella-

Balch & Associates dated June 2017. Once a Certificate of Occupancy has been issued,

this project shall be considered complete; any future Building Permit Applications that do

not otherwise require Zoning Relief shall not be required to seek an amendment to this

condition.

2. That Zoning Board approval is contingent upon the issuance of an assent by CRMC for

this project as proposed. If CMRC were to modify the Site Plan, this project may still be

approved provided additional zoning relief is not necessary.



cover.









6R: Public Hearing: Michael Vickers – Assessor’s Plat D, Lot 174 (130 Boon Street)

John F. Kenyon introduced himself to the Board as the Attorney for the applicant and informed

them this property measures ¼ acre in size and is located in the BB Zoning District. This property

previously had two residences on it, one was a two-family and one was a single family.

He explained that Mr. Vickers purchased the property and received a Demolition Order from the

Building Official. The applicant questioned whether he had to rebuild on the same footprint, and

of 13

the Building Official said he did. They appealed that determination, and the Zoning Board

overturned it saying that he could rebuild in conformance with the Zoning Ordinance using only

one structure, as long as it measured out to be less of a footprint than the current buildings

combined.

Mr. Kenyon stated that Mr. Vickers had the ability to maintain the existing three dwelling units;

however, he is aware that the Town really wants commercial uses along Boon Street. His proposal

includes a Mixed Use development, which would have three commercial units on the first floor,

and three residential dwelling units above that on the second floor. The Building Official has

determined that the combination of the proposed commercial units requires a Special Use Permit

as a shopping center. In addition, he explained the property is sub-standard, so it requires a Special

Use Permit under Section 8.1.C of the Zoning Ordinance to develop the sub-standard commercial

lot of record. Even though the uses that he is proposing are either grandfathered or are permitted

under the Zoning Ordinance, he added that it is also considered an expansion of a non-conforming

use. Therefore, he is requesting a Special Use Permit under Section 9.1.2 of the Zoning Ordinance

and therefore he has to comply with Section 10.1 that has the standards. The Planning Board gave

a positive recommendation with a number of conditions, which they are in agreement with.


1. Comprehensive Report

Jeffrey Campopiano was sworn in and stated he was self-employed as a Registered Civil

Engineer in the State of Rhode Island.

Mr. Manning stated that for the purpose of this public hearing, Mr. Campopiano will be considered

an Expert Witness in the field of Civil Engineering.

Mr. Campopiano informed the Board that he is familiar with the applicant’s property, which

measures 18,000 sq. ft.; and he noted the Site Plan on display showed the 2 properties, 130 and

134 Boon Street. He described the proposal as a single building on the property with a combined

use for the parking lot, with the northern lot identified as the way in and the exit designated on

Continental Street to the south. The building has been set closer to the road, according to the

surrounding commercial properties. The drainage system was designed to be an overland system,

draining under the back parking lot over to the pond located in the rear of the property. The

drainage calculations were reviewed and approved by the Town Engineering Department in a letter

dated August 17, 2017.

When asked about the lighting plan, he informed the Board it is on the building, and there would

be one pedestal on the sidewalk area.

In conjunction with the second application, he stated there was a shared parking report for both

properties. He explained the required parking is about 20 spaces, with the residents using the

spaces in the evening hours; and the commercial properties are using the spaces during the day.

The Planning Board has reviewed and approved the shared parking plan, so there is no parking

variance necessary with either application. The building meets all of the other setback

of 13

requirements, and the previous structures that were there were also within some of the setback

requirements. He informed the Board that the applicant is not proposing to increase any

dimensional non-conformity; but is actually getting closer to conformity with the existing setbacks.

When asked by Mr. Kenyon, Mr. Campobiano stated that in his professional opinion, if this Special

Use Permit for a shopping center is granted, it will not create any conditions inimical to the public

health, safety or general welfare.

Michael Vickers is sworn in as the owner of the property and the manager of Boon Street Capital,

LLC. He informed the Board he has owned this property since December of 2016, and he informed

them he purchased it because the existing structures were an ‘eyesore’. He had been trying to

purchase it for over 20 years; and when the owner passed away, his wife agreed to sell it to him.

He explained he is now aware that if this application is not approved, he has to build/install a street

to allow for easier parking access. He would prefer not having to do this because it would affect

the flow of both properties. With the Doughnut Shop opened this year, he stated there was no

problem with the traffic flow.

Regarding the landscaping along the north side of the property, there is an existing fence that sits

back against the property line. His plan is to replace that fence and plant trees, i.e. 6 ft. arborvitaes,

along the property line. He stated he has had a lot of interest in renting the commercial property,

from an ice-cream shop to a sandwich shop.

When asked about the parking, he replied that he thought it was going to be much more challenging

than it is. He stated most of the people park their vehicles on the street, not in the parking lot; and

there a lot of them who bike. Except on a weekend summer day, there always seems to be a parking

spot available. He also owns the lot across the street, which will hold about 45 cars.

When asked by Mr. Ferraro about the residential units on the second floor, Mr. Vickers stated there

are two bedrooms in each one of the three units. He will be doing yearly rentals, and would prefer

not renting for the school calendar year.

When asked by Mr. Ferraro what the hardship would be if he only builds residential, Mr. Vickers

stated it would probably be a better financial decision for him to do that. However, in his opinion

the hardship is that he thinks the Boon Street area needs both commercial and residential traffic.

Mr. Kenyon clarified to the Board that because they are not requesting any Variances but all

Special Use Permits, there is no hardship necessary to be proven. He reminded the Board this

property is located in a BB Zone, where the residential use is grandfather claused; and they are

adding permitted commercial uses.

Mr. Marsella stated they have thoroughly reviewed this application, and the residential units in

question could go either way. Because there is a mixed-use component, it triggers the Use

Variance. It is not a clear argument, much like the pre-existing, non-conforming structures. Both

arguments could be defended in Court, and he could go one way or the other because he sees and

understand both sides of the argument. While he does not have a strong opinion one way or the

of 13

other, he stated he does feel that what Mr. Kenyon is proposing is a valid, legal argument.

However, he reiterated the fact that the mixed use on the property triggers the need for the Use

Variance. He further stated it is a unique, difficult decision, and he would tend to go with the

historical decision that the Board made with the previous application of the Doughnut Shop.

Mr. Kenyon stated that what makes both of these applications so unusual is that anyone else would

have just built the three residential units; but Mr. Vickers is building what the Town, the neighbors

and the Planning Board really wants there, which is the mixed use. He feels he should be

commended for coming in and doing what is the more difficult task.

Mr. Manning stated that he personally feels that the Town needs more of this kind of development,

especially because Narragansett does not really have a ‘town center’. He added that he is

comfortable with the fact that it will be ‘grandfathered in’ for three (3) residential units on a

commercially zoned property.

Mr. Vickers noted these rents are going to be affordable for singles and couples alike, and creating

this environment will allow for the neighborhood to have that family atmosphere. He added this

property is not located in the historic district.

Mr. Paglia stated he thinks this application looks great; and as an owner of a restaurant in Mariner

Square, he added there are parking issues everywhere in Town, including the Town Hall.


There were none.

A Motion is made by Mr. Paglia and duly seconded by Mr. Kennedy to close the Vickers



A Motion is made by Mr. Almon and duly seconded by Mr. Paglia to adopt the Findings of



A Motion is made by Mr. Almon and duly seconded by Mr. Paglia to grant the requested relief,

subject to Staff Conditions #2 through #5, eliminating Condition #1.

2 That all construction is in strict conformance with the Site Plan. Once a Certificate of

Occupancy has been issued, this project shall be considered complete; any future Building

Permit Applications that do not otherwise require Zoning Relief shall not be required to

seek an amendment to this condition.

3 That all conditions of the August 17, 2017 approval letter from the Engineering Department

are strictly adhered to.

4 That any proposed site work or landscape improvements such as driveway construction,




of 13



5 That prior to the issuance of a building permit, the applicant must submit a comprehensive








7R: Public Hearing: Michael Vickers – Assessor’s Plat D, Lot 175 (134 Boon Street)

John F. Kenyon introduced himself to the Board as the Attorney for the applicant and informed

the Board this property measures just over 10,000 sq. ft. and has two single-family residents on it,

along with the bakery. When this application was originally approved, the applicant did not have

enough parking; and the bakery had a second floor, which was only going to be used for storage

until he could provide the required parking. The purchase of the adjacent property now includes

the parking for the second floor of the bakery, so they are now before the Board requesting a

Special Use Permit. Even though the proposed use of the second floor is going to be commercial

and permitted, because the residences are on the property, it is considered an expansion of a non-

conforming use. Because it is also a sub-standard lot of record, they are requesting a Special Use

Permit under Section 8.1 of the Zoning Ordinance. It is also considered a shopping center because

there are two existing commercial uses, that being a bakery with an office on the second floor.

Jeffrey Campopiano was sworn in and stated he was self-employed as a Registered Civil

Engineer in the State of Rhode Island.

Mr. Manning stated for the purposes of this Public Hearing, Mr. Campopiano was considered an

Expert Witness in the Field of Civil Engineering.

Mr. Campopiano informed the Board there is an existing two-family residence, along with a bakery

on this property, which is located in a BB Zoning District and is serviced by Town water and

sewer. He stated the applicant received a Special Use Permit in 2015 in order to construct the

bakery; and at that time, the Zoning Board reviewed the Site Plan, the drainage and the landscaping

for the property. The plan for the bakery included the second floor at the time, and it was agreed

that it would not be used for anything other than storage due to the lack of parking on the property.

Michael Vickers is sworn in as the owner of the above-referenced property and informed the

Board that originally, he thought the upstairs of the bakery would be used for storage. His

thought was that they would need a lot more space; but as it turned out, they never needed the

upstairs for storage space. His new potential tenant is a graphic designer from Wakefield, R.I.

He also informed the Board that the ‘Snarly Doughnut’ has been in operation for one season and

there have been no parking issues there.

of 13

Ms. Terry Gentes was sworn in as an Engineer and informed the Board that for the upper parcel,

they based the parking on the 5 ½ per thousand, which is the largest use for retail commercial use.

For the bakery, they used the same guide; but according to the Building Code and because of ADA

standards, the above office could never be anything except an office. Therefore, the 600 sq. ft.

second floor space could only be used as an office.

When asked by Mr. Ferraro, Mr. Vickers stated there is an ADA bathroom with a toilet and a

sink. Access can be gained by the spiral staircase in the rear of the building.

Mr. Manning asked if there were any opponents or proponents that would like to speak. There

were none.

A Motion is made by Mr. Paglia and duly seconded by Mr. Kennedy to close the Vickers



A Motion is made by Mr. Ferraro and duly seconded by Mr. Paglia to adopt the Findings of



A Motion is made by Mr. Ferraro and duly seconded by Mr. Paglia to grant the requested

relief, subject to Staff Conditions #1, and introducing Condition #2 to say that ‘the second level

600 sq. ft. of space is to remain office use only; there will be no residential or retail use

allowed’.

1. That all construction is in strict conformance with the General Plan (Site Plan) completed

by Jeffrey Campopiano, P.E. dated November 27, 2017. Once a Certificate of Occupancy

has been issued, this project shall be considered complete; any future Building Permit

Applications that do not otherwise require Zoning Relief shall not be required to seek an

amendment to this condition.

Motion passes 5 to 0. (Mr. Manning, Mr. Ferraro, Mr. Paglia, Mr. Kennedy, and Mr. Almon)

ADJOURNMENT:

A Motion is made by Mr. Paglia and duly seconded by Mr. Almon to adjourn the Zoning

Board meeting at 9:30 p.m. Motion passes 5 to 0.


Submitted By:

Denise Russ

Clerk of the Board

minutes from the regular meeting of the …

Documents