ZONING BOARD OF REVIEW
MIDDLETOWN, RHODE ISLAND
-MINUTES-
DATE: MARCH 24, 2026
TIME: 6:00PM
LOCATION: TOWN HALL CHAMBERS – 350 RAST MAIN ROAD
*This meeting location is accessible to the handicapped. Individuals requiring interpreter services for the hearing-impaired should notify the Town Clerk’s Office at 401-847-0009 not less than 48 hours before this meeting.
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Administrative:
1. Roll call. Zoning Board of review was called to order at 6:01PM. The board members present: Thomas Heaney, Rebecca Rogers, Christopher Rowe, Antone Viveiros and Alicia Reyes. Absent: Rick Lombardi, Judith Rosenthal, and Mark Donahue.
2. Voting members are Thomas Heaney, Rebecca Rogers, Christopher Rowe, Antone Viveiros and Alicia Reyes
3. All February 2026 petitions were continued.
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Summary Petition Continued from February 24, 2026
Petition ZBR-26-6: Tyler & Jennine Laundon (Owners) for a Variance from 603, 701, 716, 903 & 321(A) to attach garage approximately 41.37 feet from the rear property line, where 46.52 feet is required. Said real estate is located at 750 Indian Avenue and further identified as tax assessors Plat 129 Lot 46 (A).
Said Petition was not considered a summary petition as Christopher Rowe wanted to have a further discussion. Tyler Laundon was sworn in and present. Mr. Laundon described the lot as a through lot and how there are limited options for the garage to be placed. Mr. Laudon stated that the garage is to be constructed to fit in with the rest of the neighborhood and to maintain in characteristic of the neighborhood. No public safety concerns and no issues with abutting properties. Christopher inquired about outstanding permits – six active permits ranging from different types of permits and different years. Attorney Regan clarified that is an enforcement issues and not a zoning board issue. There was further discussion about the location of the garage and if it was placed in a different area, it might not require zoning approval for a variance. Christopher stated there is no hardship created due to the lot shape due to no fault of the owners.
There is an existing septic on the north side which was there prior to buying and therefore the garage cannot be constructed there. Mr. Laudon also stated there isn’t enough depth within the setback to fit the garage and therefore wouldn’t work there either. Mr. Laudon included that when the design was completed and went he went to get the building permit, the state law changed during that time and therefore the garage needed zoning approval. The drawing was originally in compliance with the previous setbacks which was required prior to the law changing.
When the chairman opened the meeting to the public, there were no objections. The hearing was closed and Christopher Rowe made a motion to approve. The motion was seconded by Antone Viveiros. The motion was approved 5-0. The reasonings for approving: The hardship is created due to the existing septic and the unique characteristics of the lot. The owners spoke to abutting neighborhoods and they had no issuses or concerns.
Petition ZBR-26-7: Jenny & Patrick McManis (Owners) and Jeffrey Moniz (Architect) for a Variance from 603,903 & 321 (A) to construct a 15.5' X 19' addition with a 20.1' front yard setback where 25' is required. Said real estate is located at 2 Cedar Avenue and further identified as tax assessors Plat 125 Lot 31
This matter was presented as a summary petition. After reading in the summary petition, a motion was made to approve the petition as a summary case. When the chairman opend the meeting to the public, no one expressed concerns regarding the summary petition. Since no one objected, the board voted on the petition without a full hearing. Rebecca Rogers made the motion to approve the summary petition and the motion was seconded. The summary petition was approved 5-0.
Petition ZBR-25-41: Robert Marsland (Owner) for a Special Use from 602 & 902 to obtain approval for an owner-occupied Short-Term Rental. Said real estate is located at 142 Honeyman Avenue and further identified as tax assessors Plat 114 Lot 120.
Robert Marsland was present and sworn in. Mr. Marsland described the location as a two-unit dwelling with one side having one-bedroom and the other side having three-bedrooms. Mr. Marsland stated he will live in the side that has one bedroom and is seeking to rent out the three bedrooms as a short-term rental. Both sides are currently being renovated so Mr. Marsland does not currently live there. Alicia raised concerns regarding residency intentions and who actually owns the property. The property is co-owned with his son and Mr. Marsland stated he intends to live in the one-bedroom. When the chairman opened the meeting to the public, there were no objections. The hearing was closed and Alicia Reyes made a motion to approve. The motion was seconded by Rebecca Rogers and the motion was approved 5-0.The reasonings for approving: There was lengthy discussion about Mr. Marsland having to live in the one-bedroom prior to renting out the three-bedroom as a short-term rental; there is enough car space to accommodate 5-6 cars; no nusiance to the neighborhood.
Petition ZBR-26-1: Thomas Shugart (Owner) for a Variance 603 and a Special Use from 11 Watershed District to construct a 28' X 31.6' addition and covered porch with a 16.5' front setback where 40' is required. Said real estate is located at 179 Paradise Avenue and further identified as tax assessors Plat 120 Lot 65 (A).
Thomas Shugart was present and sworn in. Mr. Shugart described his petition and that he is adding an ADU for him and his wife. The addition will not be used as a short-term rental – it is for ownership only. Mr. Shugart and his wife will move into the ADU and his daughter and her family will live in the main house. It is a mirror image of the existing structure as a one story and there will be a connecting walkway. There are no watershed issues as the addition is not being built closer to the river but on the opposite side. When the chairman opened the meeting to the public, there were no objections. The hearing was closed and Rebecca Rogers made a motion to approve. The motion was seconded by Alicia Reyes and the motion was approved 5-0. The reasonings for approving: the front setback is exisiting and the addition is inline with the original home layout – it is just adding to the length of the exisiting setback. There are no watershed concerns and it is the least relief necessary for the enjoyment of the property.
Petition ZBR-26-2: Davon Neal (Owner) for a Special Use from 602 to allow the operation of a motor vehicle rental business. Said real estate is located at 1132 Aquidneck Avenue and further identified as tax assessors Plat 113 Lot 71 (A).
Davon Neal was present and sworn in. KV rentals is a motor vehicle rental company in a multi-use property with other businesses. The company has been operating for about two years but is here seeking approval. Mr. Neal explained that each business gets four assigned parking spots however there is an offsite parking area where the cars are stored. Mr. Neal further explained that the company does drop off and pick up for its customers to there won’t be a lot of congestion within the parking lot. Christopher Rowe spoke with the owner of the building and confirmed the business has been operating for some time but if it was an approved usage or not. Originally, customers would come to pick up the vehicles when the vehicles were kept on the property but moved the cars off site to help with congestion. When the chairman opened the meeting to the public, there were several people who commented. First, Ray Alexander was present and sworn in. Mr. Alexander is an abutter and was not for or against this petition. Mr. Alexander lives in the neighborhood (Reardon Drive) behind said property and wanted clarification about parking so that there would be no parking in the neighborhood since there is no parking in the back of the building. Mr. Alexander also wanted to make sure that there would be no pick up, drop off, cleaning or services of the cars on Reardon Drive. Mr. Neal stated he only has five cars and will not be storing the cars onsite. Mr. Silva was present and sworn in. Mr. Silva is an abutting neighbor and inquired about the offsite parking and if there is a lease agreement for that. Mr. Silva’s concern was if there are issues with the lease, then the cars will once again be stored onsite. Mr. Neal responded that there is no lease but he has partnered with Hyundai of Newport and he stores the cars at Hyundai and the cars are Hyundai vehicles. The hearing was closed and Alicia Reyes made a motion to approve with the special condition that the investory needs to be kept offsite. The motion was seconded by Christopher Rowe and the motion was approved 5-0. The reasoning for approving: Mr. Neal is acting as a middleman for the Hyundai dealership as a drop off and pick up. Mr. Neal has taken measures to alleviate congestion and traffic concerns so it does not become a nusiance.
Petition ZBR-26-3: Melodie Rowland (Owner) for a Special Use from 803 (A) to alter legal non-conforming short-term rental. Said real estate is located at 164 Boulevard and further identified as tax assessors Plat 108SE Lot 84.
Melodie Rowland was present and sworn in. Said property is registered as an AIRBNB with the Town. Mrs. Rowland stated she currently lives in Tiverton but the end goal is to move back to this home eventually. Mrs. Rowland described her petition and how she wants to convert the garage into a bedroom and the bedroom into a bathroom. Mrs. Rowland is not adding an extra bedroom and not expanding the property. Mrs. Rowland wants to continue with the short-term rental which does not require an owner-occupant. When the chairman opened the meeting to the public, there were no objections. The hearing was closed and Rebecca Rogers made a motion to approve. The motion was seconded by Alicia Reyes and the motion was approved 5-0. The reasoning for approving: there are no changes to the basic characteristics of the property and not changing the use of the property.
Petition ZBR-26-4: Gary Travers (Owner) Courtney Walker (Applicant) for a Special Use from 602; Professional Services - Miscellaneous services not otherwise classified, to operate a pet grooming salon. Said real estate is located at 1171 Aquidneck Avenue and further identified as tax assessors Plat 113 Lot 312.
Courtney Walker was present and sworn in. Mrs. Walker is requesting a special use permit for pet grooming service. The property is an existing space and zoned properly for LB. It is fully operational – just pending approval. Mrs. Walker is not planning on living there; it just for business. When the chairman opened the meeting to the public, there were no objections however Betty Chang Own and Shannon Walker both testified to supporting this petition. The hearing was closed and Christopher Rowe made a motion to approve. The motion was seconded by Antone Viveiros and the motion was approved 5-0. The reasonings for approving: The location is perfect for the business and is consistent with surrounding area and businesses.
Petition ZBR-26-8: Ecio Maciel (Owner) for a Variance from 603 & 903 to reconstruct and raise the existing flat roof resulting in a 25' height where 15' is allowed. Said real estate is located at 1522 West Main Road and further identified as tax assessors Plat 105 Lot 86.
Ecio Maciel was present and sworn in. Mr. Maciel wants to turn his garage into an ADU however the roof needs to be raised to meet standards. Mr. Maciel explained that he and his wife would move into the ADU and his daughter would move into the first floor of the main house as the second-floor apartment is a registered AIRBNB. Albert Girard was present and sworn in. Mr. Girard is the architect and he described that the roof is flat and the ceilings are not high enough. Mr. Girard further explained they want to raise the ceilings to be at least 8 feet high and have the roof have a pitch to make the second floor livable. It was clarified that there is no addition to living space – it is simply raising the roof to provide more space on the second floor of the property since it does not meet code for livable space. Mrs. Reyes questioned what the hardship is? Mr. Maciel can still use the garage as an ADU, just smaller than planned, and make the root fit within the 15’ permitted. When the chairman opened the meeting to the public, there were no objections. The hearing was closed and Christopher Rowe made a motion to approve. The motion was seconded by Rebecca Rogers and Alicia Reyes opposed. The motion was approved 4-1. The reasonings for approving: Mr. Maciel spoke with abutting neighbors to see if they had concerns, which they did not. What is changing is the flat roof will be converted into a roof with a pitch to add higher ceilings. The reasonings for opposing: the ordiance was created with intent for certain demisional requirements. There is no hardship created and no reason to ask for a varience.
Alicia Reyes made a motion to adjourn the March 24, 2026 meeting. Christopher Rowe seconded the motion. The motion to adjourn was approved 5-0. The meeting was adjourned at 7:16PM.
Minutes