Town of North Kingstown

Transcription

1 Town of North Kingstown Zoing Board of Review John V. Gi bbons, Jr. Cha i rma n Jos eph Ba mba ra John Ma rth Da vi d McCue Pa tri ci a O'Connor-Si egmund Zoing Board of Review Meeting Tuesday, October 10, 2017 Robert O'Nei l l Ra ndy Wi etma n Municipal Offices Courtroom 100 Fairway Dr. North Kingstown, RI :00 PM Agenda 1 Call to Order 2 Pursuant to RIGL (c), notice of this meeting has been posted on the Secretary of State's website 3 Minutes 3.a 4 September 26, 2017 zbr_minutes_ docx Decisions 4.a Decision of Wendy Loughlin, 18 Bay Street, North Kingstown, RI for an appeal of a Historic District Commission decision as provided for in Section Administrative procedures for appeals to zoning board of review and 1

2 DOCKET OF THE ZOING BOARD OF REVIEW PAGE 2 October 10, New Business Section Appeals of the Town of North Kingstown Code of Ordinances for a property located at 18 Bay Street, North Kingstown, RI (AP ) and zoned Village Residential (VR) (H) within the Historic District Loughlin appeal.docx 5.a Application of Chris & Maria Elena Whelan, 819 Shackamaxon Drive, Westfield NJ for dimensional variances for relief from front setback and side setback requirements for the proposed demolition of existing attached garage and construction of a new attached addition and for the relocation of existing AC condensers on site in accordance with Sections (a)(1): Setback and Corner Clearance & (f) (1): Land Nonconforming by area or other dimensional requirements of the Zoning Ordinance located at 20 Waterway Extension, North Kingstown, RI (AP ) and zoned Neighborhood Residential (NR). staff report.pdf application.pdf site plan.pdf plans.pdf 6 Adjournment THE TOWN OF NORTH KINGSTOWN WILL PROVIDE INTERPRETERS FOR THE DEAF AND HARD OF HEARING AT ANY MEETING PROVIDED A REQUEST IS RECEIVED THREE (3) DAYS PRIOR TO SAID MEETING BY CALLING , EXT

3 Zoing Board of Review Agenda Item Report Submitted by: Beth Gagnon Glasberg Submitting Department: Planning and Development/Zoning Meeting Date: October 10, 2017 Agenda Action: September 26, 2017 Motion: ATTACHMENTS zbr_minutes_ docx 3

4 Town of North Kingstown, Rhode Island 100 Fairway Drive North Kingstown, RI Phone: (401) Fax: (401) ZONING BOARD OF REVIEW September 26, 2017 The regular meeting of the North Kingstown Zoning Board of Review was held in the Municipal Offices Meeting Room, located at 100 Fairway Drive, North Kingstown, RI at 7:00pm on Tuesday, September 26, The following members were present: John V. Gibbons, Jr. John Marth David McCue Robert O Neill Randy Wietman Absent were: Joseph Bambara and Patricia Siegmund Also in attendance were: Maura Harrington, Town of North Kingstown, Supervising Planner, Shaun Lacey, Town of North Kingstown, Principal Planner, and Matthew J. Callaghan, Town of North Kingstown, Town Solicitor J. Gibbons called the meeting to order and explained the proceedings as follows: The applicant and/or their representative(s) will be asked to come forward, be sworn in, and asked to give a brief explanation of their application. The Board will then ask questions of the applicant and/or their representative(s) regarding the application before opening the floor to public comment. After all comments have been heard, the public portion of the meeting will be closed, and discussion will be returned to the Board. Decisions on the applications are typically rendered the same evening; however, continuances may occur if more information is needed for a determination. 1 4

5 There is a twenty (20) day appeal period once the decision has been recorded in the Town Clerk s Office. No building permits may be granted until after the appeal period has passed. J. Gibbons explained that in some instances, a decision may be fast-tracked and approved prior to the next meeting. Meeting minutes and a decision to each petition are recorded in the Town Clerk s Office as well as posted on the Town s website. J. Gibbons asked if the meeting had been advertised properly. M. Harrington stated that it had. The Board adheres to a 10:00pm curfew. MINUTES J. Gibbons asked members if they had an opportunity to review the minutes from the meeting held on August 22, R. O Neill made a motion to approve the minutes of the August 22, 2017 meeting as presented. R. Wietman seconded. Motion carried. (5-0) 1st Application: Application of Chris and Maria Elena Whelan, 819 Shackamaxon Drive, Westfield NJ for dimensional variance for relief from front setback and side setback requirements for the proposed demolition of existing attached garage and construction of a new attached addition and for the relocation of existing AC condensers on site in accordance with Section (a)(1): Setback and Corner Clearance & (f)(1): Land Non-conforming by area or other dimensional requirements of the Zoning Ordinance located at 20 Waterway Extension, North Kingstown, RI (AP ) and zoned Neighborhood Residential (NR). J. Gibbons stated that a Zoning Board member present is an abutter to the property in question. As this member is unable to vote on this application, and only five (5) total members present the application a quorum is not possible. M. Callaghan noted the inherent conflict with an abutter present and not enough voting members at the meeting. M. Harrington confirmed that Zoning Board member J. Bambara will be in attendance at the October 10, 2017 meeting. On this basis, it was confirmed that there will be a quorum present to vote on this application at the next meeting. A motion was made by R. Wietman to continue the application of Chris and Maria Elena Whelan, 819 Shackamaxon Drive, Westfield NJ for dimensional variance for relief from front setback and side setback requirements for the proposed demolition of existing attached garage and construction of a new attached addition and for the relocation of existing AC condensers on site in accordance with Section (a)(1): Setback and Corner Clearance & (f)(1): Land Non- 5 2

6 conforming by area or other dimensional requirements of the Zoning Ordinance located at 20 Waterway Extension, North Kingstown, RI (AP ) and zoned Neighborhood Residential (NR) until the next regularly scheduled Zoning Board of Review meeting on Tuesday, October 10, R. O Neill seconded. Motion carried (5-0). 2nd Application: Application of Wendy Loughlin, 18 Bay Street, North Kingstown, RI appealing the decision of the Historic District Commission denying a site improvement request for the replacement of gravel driveway material with turfstone pavers on a single-family residential property. Property is located at Plat 117, Lot 250, 18 Bay Street, North Kingstown, RI Parcel size: 9,583 square feet. Existing Land Use: Single-family Residential. Existing Zoning: Village Residential (VR). Surrounding Village Residential (VR). Applicant s Portion: Wendy Loughlin, 18 Bay Street, North Kingstown, RI was sworn in. W. Loughlin stated she is appealing the decision of the Historic District Commission (HDC) regarding her placement of turfstone pavers in her driveway. She noted that the same pavers had already been approved by the HDC for two properties at 33 Pleasant Street (which used the exact pavers used on her property) and 125 Pleasant Street (which used red pavers, same type). Applicant stated that existing driveway was gravel which lended a roughness to front yard and was kicked up in the winter months due to street snow plowing. She noted that the new pavers provided a softer landscape to the property and went ahead with the project without submitting proper paperwork since the houses on Pleasant Street had used the same product/material. R. O Neill stated that the Zoning Board s purpose for the appeal was not to redo the procedures of the HDC, but to only reverse the decision if it feels it is warranted. He further stated that the HDC has jurisdiction of the historical areas in Wickford. It was noted that the pavers were approved at the house at 33 Pleasant Street was a new construction, not an existing home. J. Gibbons stated he felt new houses were encouraged to look old when building in historical districts. S. Lacey reviewed procedures for reviewing historic properties stating that guidelines outlined in the Secretary for the Interior Standards for the Treatment of Historic Properties is adhered to when reviewing any proposal of construction, alteration, repair, removal, or demolition affecting the exterior appearance within the historic district. National policies set the eligibility of these structures. Properties less than fifty (50) years old are not considered historic, but have to follow the same policies and procedures of actual historic structures. 6 3

7 The following items were discussed with regard to the use of the material at 18 Bay Street: The pavers offer a softer landscape and a much improved appearance over the previous gravel driveway and its diamond pattern is pleasing to the eye. The advantage of these types of pavers is that they take in water and return it back into the ground thus making them environmentally friendly. As they are not compacted, the water is absorbed better. This type of material is found in other locations in the district. The HDC felt the material is a too new a material for use on Bay and Washington Streets. The difference between Bay Street and Pleasant Street is that Bay Street is shorter, the houses are architecturally the same. S. Lacey stated that the HDC reviews baseline compatibility as well as additional wide range criteria when they are looking at the historical significance of a property. J. Gibbons asked if there were any questions, comments, or opposition from the audience. Henry Gauthier, Commissioner of the Historic District Commission (HDC), of 460 Tower Hill Road, North Kingstown, RI was sworn in. H. Gauthier stated that he has been involved with the HDC since He stated that Wickford is not a neighborhood that is driven by or through quickly, but a neighborhood that is walked through and enjoyed. He noted that the HDC tries to judge each home on its own merits and people want to see something that is in character with their neighborhoods. The decision of the HDC is that the material used at 18 Bay Street was not in keeping with the character of Bay and Washington Streets. The following items with regard to the HDC and its procedures were discussed: Do new buyers into these neighborhoods receive any information from the HDC instructing them on what can and cannot be done with the property? H. Gauthier stated that the majority of the individuals purchasing in these neighborhoods know what they bought and know what is expected of them. The question is if they do or do not want to comply. H. Gauthier stated that all other residents on Bay and Washington Streets asked when any changes were to be made; this applicant did not. There is concern by the HDC that though the driveway is grass now, it can turn to mud and have holes if it is not taken care of properly. The consistency of rules of the HDC were questioned with regard to the fair treatment of all residents of historical areas. H. Gauthier stated that all properties are judged by the same guidelines making it fair, although there may sometimes 7 4

8 be unique circumstances in which the HDC must make a judgement decision on what is in character with the area. When asked what was lost in the Bay and Washington Streets areas with the installation of pavers, it was noted the look and feel of the neighborhood is lost. It is the opinion of J. Gibbons that the architect involved with the Pleasant Street application who is a member on the HDC should have been recused when the voting on that property took place. With regard to approving pavers for a new construction vs. an existing residence, the question was presented that if lightning struck an historic home and it would need to be rebuilt in the historic neighborhood, would the pavers then be approved? H. Gauthier stated that the HDC s mission is to preserve historic houses. It encourages rebuilding before replacement and as such, it would be reviewed differently. J. Gibbons requested that the meeting move on. Cameron Lewis, 121 Main Street, North Kingstown, RI was sworn in. C. Lewis stated that he and his family have lived in the same house in Wickford since the 1790s and he understands the importance of historical preservation. He does not personally know the applicant; however, he feels with the size of the driveway, the installed pavers look appropriate for the neighborhood. He realizes the HDC has a tough job, but feels they need to understand that though these are historical buildings, they are people s homes and cannot understand the approval of the pavers on some homes and not this one. There being no additional public comment, a motion was made by R. Wietman to return discussion to the Board. D. McCue seconded. Motion carried. (5-0) There was discussion that if the reversal of the HDC decision would result in opening the door for other residents to install these pavers. It was noted that the Board did not have the task of deciding if the pavers looked good or who could or could not install the pavers, but to decide if in this instance the applicant is able to keep the installed pavers in place overruling the decision of the HDC. M. Callaghan stated that based upon the review of the application and the testimony the evidence does not support the decision of the HDC with regard to the pavers installed at 18 Bay Street: The number of different types of surfaces in the neighborhood. HDC approval on at least one (1) occasion of the material used at 33 Pleasant Street. A precedent may be set regardless of the decision to overturn or not. M. Callaghan advised the application be returned to the Planning Department to prepare a finding of fact to overturn the decision of the HDC, and a vote be held at the next 8 5

9 scheduled meeting of the Zoning Board of Review scheduled for Tuesday, October 10, A motion was made by R. Wietman for the application of Wendy Loughlin, 18 Bay Street, North Kingstown, RI to have the Planning Department prepare a decision with a finding of fact to overturn the decision of the Historic District Commission dated May 15, 2017 with regard to denying a site improvement request for the replacement of gravel driveway material with turfstone pavers on a singlefamily residential property. Property is located at Plat 117, Lot 250, 18 Bay Street, North Kingstown, RI 02852, zoned Village Residential (VR) and within the Historic District (H) and that a vote will be conducted at the next regularly scheduled of the Zoning Board of Review scheduled for Tuesday, October 10, J. Marth seconded. Motion carried. (4-1) Mr. O Neill Dissenting. There being no further business, a motion was made by R. O Neill to adjourn. D. McCue seconded. Motion carried. (5-0) The meeting was adjourned at 8:30pm. The next meeting is scheduled for Tuesday, October 10, 2017 at 7:00pm. Respectfully submitted, Kristine S. Kinder, Recording Secretary 9 6

10 Zoing Board of Review Agenda Item Report Submitted by: Beth Gagnon Glasberg Submitting Department: Planning and Development/Zoning Meeting Date: October 10, 2017 Agenda Action: Decision of Wendy Loughlin, 18 Bay Street, North Kingstown, RI for an appeal of a Historic District Commission decision as provided for in Section Administrative procedures for appeals to zoning board of review and Section Appeals of the Town of North Kingstown Code of Ordinances for a property located at 18 Bay Street, North Kingstown, RI (AP ) and zoned Village Residential (VR) (H) within the Historic District. Motion: Review and approve decision ATTACHMENTS Loughlin appeal.docx 10

11 Town of North Kingstown, Rhode Island Zoning Board of Review Decision 100 Fairway Drive North Kingstown, RI Phone: (401) Fax: (401) Date: September 29, 2017 Meeting Date: September 26, 2017 Applicant/Owner: Wendy Loughlin, 18 Bay Street, North Kingstown, RI Location: AP , 18 Bay Street, North Kingstown, Existing Zoning: Village Residential Historic (VRH) Action Requested The appellant requests that the Zoning Board of Review overturn a Historic District Commission (HDC) decision to deny a site improvements request for the replacement of gravel driveway material with turfstone pavers on a single-family residential property in accordance with Section Administrative procedures for appeals to zoning board of review and Section Appeals of the Town of North Kingstown Code of Ordinances. The appellant s request was denied at the May 1, 2017 Historic District Commission meeting on the premise that the proposed material was not in character with the subject property or its surroundings. Testimony and Evidence The appellant Wendy Loughlin came forward and was sworn in. Ms. Loughlin indicated that a precedent of using similar paving materials has been deemed to be acceptable by the Historic District Commission at other properties located throughout the village in recent years. Ms. Loughlin added that the Commission s findings of fact were arbitrary. Principal Planner Shaun Lacey addressed the Zoning Board and provided an overview of the duties of the Historic District Commission. Mr. Lacey explained that the Secretary of the Interior Standards for the Treatment of Historic Properties was the standard used by the Commission in its review of applications located within the Historic District. Mr. Lacey further noted that the Standards are guidelines often used on a case-by-case basis in context with the subject site and its immediate surroundings. The context in which the Commission determined the inappropriateness of the proposed material was based upon properties located along Bay Street and Washington Street. The Chairman of the Historic District Commission, Henry Gauthier, came forward and was sworn in. Mr. Gauthier provided an overview of the duties of the Historic District Commission and 1 P a g e 11

12 explained the reasoning behind the Commission s decision to deny the appellant s request. He noted that each application within the Historic District is reviewed by the Commission in context with the site and its immediate surroundings. He noted that in the case of the subject property, the use of turfstone pavers was a new material to the immediate neighborhood, which had a detrimental effect on the historic integrity of the property and the street. Based upon the testimony given at the hearing of September 26, 2017, the Board makes the following findings of fact for the requested appeal: 1. The weight of the record indicates a clear lack of supporting evidence in denying the appellant s request, in that the Historic District Commission approved the installation of a similar turfstone paving material located at 33 Pleasant Street on March 2, This prior approval demonstrates an inconsistent and arbitrary application of the Secretary of the Interior Standards for the Treatment of Historic Properties throughout the Historic District. DECISION Therefore based upon the approved findings of fact and testimony provided the Zoning Board moves to approve the following: To overturn a Historic District Commission decision to deny a site improvements request for the replacement of gravel driveway material with turfstone pavers on behalf of Wendy Loughlin, 18 Bay Street, North Kingstown, RI in accordance with Section and Section of the North Kingstown Zoning Ordinance. The Zoning Board of Review members vote to overturn the Historic District Commission decision dated May 15, Motion: Mr. Randy Wietman, seconded by Mr. John Marth. The vote carries 4-1 with Mr. Robert O Neill dissenting. The Zoning Board of Review hereby overturns the Historic District Commission decision dated May 15, Zoning Board of Review John Gibbons, Chair 2 P a g e 12

13 Zoing Board of Review Agenda Item Report Submitted by: Beth Gagnon Glasberg Submitting Department: Planning and Development/Zoning Meeting Date: October 10, 2017 Agenda Action: Application of Chris & Maria Elena Whelan, 819 Shackamaxon Drive, Westfield NJ for dimensional variances for relief from front setback and side setback requirements for the proposed demolition of existing attached garage and construction of a new attached addition and for the relocation of existing AC condensers on site in accordance with Sections (a)(1): Setback and Corner Clearance & (f) (1): Land Nonconforming by area or other dimensional requirements of the Zoning Ordinance located at 20 Waterway Extension, North Kingstown, RI (AP ) and zoned Neighborhood Residential (NR). Motion: ATTACHMENTS staff report.pdf application.pdf site plan.pdf plans.pdf 13

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