I.            Call to Order

The meeting was called to order at 6:02 p.m.by Kevin Marchand

II.            Roll Call

Board Members:

·         Kevin Marchand, Chair, present

·         Ann Peckham, present

·         Daniel Klotz, present

·         Miguel Garcia, present

·         Jackie Parra, present

·         Gary Berdugo (1^st Alternate), present

·         Herman Yip, present

Gary Berdugo and Herman Yip were designated as alternates for this meeting.

The meeting was staffed by:

• Jim Vandermillen, Assistant Director, Planning and Economic Development
• Tyler Miller, Esq., Darrow Everett, Legal Counsel to the Board:

III.            Pledge of Allegiance

Led by Board Chair Kevin Marchand.

IV.            Approval of Minutes

a.       January 12, 2022 meeting

Ann Peckham moved to approve the minutes of the January 12, 2022 meeting; Jackie Parra seconded.  The motion passed by a voice vote.

V.            New Business

Ann Peckham moved to open New Business; Miguel Garcia seconded.  The motion passed by a voice vote.

a.       Case #ZB-22-01: Consideration for a Dimensional Variance and Relief from Off-Street Parking Requirements

Giovanni Marin, of 75 Washington St., Apt. #1, Central Falls, RI, applicant and property owner of 75 and 77 Washington St. (Plat 5 Lot 223A in an R-3 multihousehold residential zone), is seeking Dimensional Variances for relief from Article IV, Sec. 401 (minimum lot area per dwelling unit) and relief from Article VIII, Section 801.8 (off-street parking space requirements), to increase the number of residential units from 2 to 3 in each of two buildings (for a total of 6 units).

Mr. Vandermillen read the description of the case as it appeared in the agenda (text above).

Mr. Miller swore in the Applicant, Giovanni Marin, of 6 Oakdale Rd., Cumberland, RI.

The Applicant presented his case to the Board.

Mr. Marchand recalled that the Applicant had come to the Board before, and asked why he no longer wants to have a shared driveway with the neighboring property.  The applicant explained that they worked on getting an easement, but it did not get done in 2020.

Mr. Miller swore in Christine Marin (applicant’s spouse), of 6 Oakdale Rd., Cumberland, RI.

Ms. Marin explained that she worked back and forth with their attorney for about 8 months to write the easement, some edits are still needed, but it didn’t get completed and filed in 2020.

Mr. Marin explained that that they had some time to think about this and decided that if they or the neighbor decided to sell either property it would be easier to manage the properties without the easement.

The Applicant responded to additional questions from members of the Board and legal counsel.

The Chair entertained a motion to open the public hearing.

Ann Peckham moved to open the public hearing; Daniel Klotz seconded.  The motion passed by a voice vote.

The Chair asked three times if anyone wished to speak about this case.  No one was present for public comment.  The Chair entertained a motion to close the public hearing.

Miguel Garcia moved to close the public hearing; Jackie Parra seconded.  The motion passed by a voice vote.

Mr. Vandermillen read the staff recommendation.

The Chair entertained a motion to either approve or deny the application for a Dimensional Variance for relief from Article IV, Sec. 401 (minimum lot area per dwelling unit). 

Miguel Garcia moved to approve the request for a Dimensional Variance for relief from Article IV, Sec. 401 (minimum lot area per dwelling unit); Jackie Parra seconded.  A roll call vote was taken:

·         Kevin Marchand, Yes

·         Ann Peckham, Yes

·         Miguel Garcia, Yes

·         Jackie Parra, Yes

·         Daniel Klotz, Yes

The motion passed unanimously.

The Chair entertained a motion to either approve or deny the application for relief from Article VIII, Section 801.8 (off-street parking space requirements)

Ann Peckham moved to approve the request for relief from Article VIII, Section 801.8 (off-street parking space requirements); Miguel Garcia seconded.  A roll call vote was taken:

• Kevin Marchand, Yes
• Ann Peckham, Yes
• Miguel Garcia, Yes
• Jackie Parra, Yes
• Daniel Klotz, Yes

The motion passed unanimously.

b.      Case #ZB-22-02: Consideration for a Use Variance, Relief from Off-Street Parking Requirements, and Relief from the Stipulations of the December 3, 2003 Zoning Board Decision

Leslie Moore, of 670 Broad St., Central Falls, applicant and sole member of MooreTraction LLC, property owner of 670 Broad St. (Plat 5 Lot 168A in an R-3 multihousehold residential zone), is seeking a Use Variance for relief from Article III, Section 304, Table 1, Subsection 55 (Retail Trade Neighborhood Establishments 2,500 GLA or less) to operate a café on the ground floor of what is presently a two-household residence, relief from Article VIII, Section 801.8 (off-street parking space requirements), and relief from the stipulations of the December 3, 2003, Zoning Board decision requiring Board consideration of any change in use other than single-family residential or any request for further relief.

Mr. Vandermillen read the description of the case as it appeared in the agenda (text above).

Mr. Miller swore in the Applicant, Leslie Moore of 670 Broad St., Central Falls.

The Applicant presented her case to the Board:

The Applicant responded to questions from members of the Board and legal counsel.

Mr. Vandermillen displayed the plans and photos; the Applicant provided descriptions.

Ann Peckham left the meeting; legal counsel stated that Herman Yip would vote on this case.

The Chair entertained a motion to open the public hearing.

Daniel Klotz moved to open the public hearing; Miguel Garcia seconded.  The motion passed by a voice vote.

The Chair asked three times if anyone wished to speak about this case.  No one was present for public comment.  The Chair entertained a motion to close the public hearing

Miguel Garcia moved to close the public hearing; Jackie Parra seconded.  The motion passed by a voice vote.

Mr. Vandermillen read the Staff Recommendation into the record.

The Chair entertained a motion to approve or deny the Applicant’s request for a Use Variance for relief from Article III, Section 304, Table 1, Subsection 55 (Retail Trade Neighborhood Establishments 2,500 GLA or less) to operate a café on the ground floor of what is presently a two-household residence based on the testimony presented and the Staff Recommendation.

Jackie Parra moved to approve the request for a Use Variance for relief from Article III, Section 304, Table 1, Subsection 55 (Retail Trade Neighborhood Establishments 2,500 GLA or less) to operate a café on the ground floor of what is presently a two-household residence based on the testimony presented and the Staff Recommendation; Daniel Klotz seconded.  A roll call vote was taken:

• Kevin Marchand, Chair, Yes
• Herman Yip, Yes
• Daniel Klotz, Yes
• Miguel Garcia, Yes
• Jackie Parra, Yes

The motion to approve the request passed unanimously.

The Chair entertained a motion to deny or approve the Applicant’s request for relief from Article VIII, Section 801.8 (off-street parking space requirements) based on the testimony presented and the Staff Recommendation.

Miguel Garcia moved to approve the request for relief from Article VIII, Section 801.8 (off-street parking space requirements) based on the testimony presented and the Staff Recommendation; Jackie Parra seconded.  A roll call vote was taken:

• Kevin Marchand, Chair, Yes
• Daniel Klotz, Yes
• Herman Yip, Yes
• Jackie Parra, Yes
• Miguel Garcia, Yes

The motion to approve the request passed unanimously.

The Chair entertained a motion to deny or approve the Applicant’s request for relief from the stipulations of the December 3, 2003, Zoning Board decision requiring Board consideration of any change in use other than single-family residential or any request for further relief. based on the testimony presented and the Staff Recommendation.

Jackie Parra moved to approve the request for relief from the stipulations of the December 3, 2003, Zoning Board decision requiring Board consideration of any change in use other than single-family residential or any request for further relief based on the testimony presented and the Staff Recommendation.; Miguel Garcia seconded.  A roll call vote was taken:

• Kevin Marchand, Chair, Yes
• Daniel Klotz, Yes
• Herman Yip, Yes
• Jackie Parra, Yes
• Miguel Garcia, Yes

The motion to approve the request passed unanimously.

VI.            Old Business – none

VII.            Staff Report

·         Mr. Vandermillen reported that the City won the appeal of the Western Oil case.

·         Mr. Vandermillen reported that the owners of the International Meat Market have filed an appeal to the Zoning Board’s decision. 

VIII.            Adjournment

Kevin Marchand entertained a motion to adjourn.

Jackie Parra moved to adjourn; Daniel Klotz seconded.  The motion passed by a voice vote. The meeting was adjourned at 7:43 p.m.