Minutes 2026-01-15

Town of Portsmouth
Zoning Board of Review
2200 East Main Road/Portsmouth, Rhode Island 02871
www.portsmouthri.gov

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ZBR MINUTES REGULAR MEETING JANUARY 15, 2026

MEMBERS PRESENT: Chairman Eric Raposa, Secretary Sue Horwitz, Paul Laurienzo,
Andrew Kelly, and Marco Dimattino – Alternate 1

MEMBERS ABSENT: Vice Chairman Benjamin Furriel, and Paul Maleck – Alternate 2

OTHERS PRESENT: Aaron Lindo, Assistant Town Planner; Kristen Black, Planning
Technician; Heather E. Raposa, Recording Secretary; and Giovanni Cicione, Town Solicitor

Chairman Raposa called the meeting to order at 7:03 p.m. in the Town Council Chambers.

I. ROLL CALL: See Members present/absent above.

II. MINUTES

a MOTION: Mr. Kelly made a motion to approve the November 20, 2025, Zoning
Board Minutes as written; seconded by Mr. Dimattino.

b VOTE: 5-0 (Chairman Eric Raposa: YES, Secretary Sue Horowitz: YES, Paul
Laurienzo: YES, Andrew Kelly: YES, and Marco Dimattino: YES).

III. OLD BUSINESS

a Alicia Nunez (applicant and owner) for property located at 028 Edda Avenue
(Prudence Island); being Tax Assessor's Map 75 Lot 25A (Zoned Residential,
R-20). The Applicant seeks retroactive approval for a Special Use Permit
(Article VII, Section A; Article VI, Section C1(b)) and a Dimensional Variance
(Article IV, Section B) for a deck that was built in the rear setback on a non-
conforming structure in a residential zone.

Juan and Alicia Nunez, 028 Edda Avenue, purchased the property with the pre-
existing deck the previous owner had built without getting a variance.

Ms. Horwitz asked if the deck had already been built and if there were permits. Mr.
Nunez replied the previous owner built the deck and he did not believe there were
permits.

Mr. Lindo commented the Nunez’s need the retroactive approval before they can
proceed with any further building permits. The Nunez’s had applied for a building
permit and that is when it was discovered they did not have the proper zoning
approval for what had already been built. The previous owner applied to build the

Town of Portsmouth
Zoning Board of Review
2200 East Main Road/Portsmouth, Rhode Island 02871
www.portsmouthri.gov

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deck and was told he needed variances but went along and built it anyway, which
was caught on aerial photography.

Chairman Raposa asked if this would have been picked up on an inspection report.
Ms. Horwitz commented that home inspections do not check zoning. Mr. Dimattino
added they could have purchased without a home inspection.

Ms. Horwitz read a letter sent in from Chris Kirwin, an abutter, who owns 023
Madison Avenue on Prudence Island. This abutter had been at the November 20,
2025, Zoning Board Meeting. The letter reads: “Good morning Mr. Lindo. My
name is Chris Kirwin. My wife and I own the property at 023 Madison Ave. on
Prudence Island. I am contacting you regarding the zoning application seeking
relief for a deck which was built within the setback at 028 Edda Ave, which directly
abuts my property. When the deck was being constructed by the previous owner, I
reached out to Matt Kent regarding the permitting, as I hadn't been notified of any
sought after relief from the setbacks. He responded there were no permits issued. I
contacted the owner, Ken Mongeon, and told him of my concerns. Specifically: #1
that granted coverage increases would not subsequently allow building upon the
deck (additions). #2 that adequate landscape screening would be planted by him to
ensure our mutual privacy. He assured me that both those items were acceptable
solutions to my objection. The first simply prevents future development of that
portion of the property. The second is a minor improvement at little cost.
(continuing the line of existing forsythia would be satisfactory). Mr. Mongeon
proceeded to sell the property to Ms. Nunez, who I look forward to meeting.
Without the solutions that I proposed to Mr. Mongeon, enforced as conditions of
approval by the zoning board, then I object to the relief sought. Thank-you, I look
forward to hearing from you, Chris Kirwin.”

Ms. Horwitz asked the Nunez’s if they were okay with the additional plantings that
Mr. Kirwin had requested. Ms. Nunez replied yes.

MOTION: Ms. Horwitz made a motion to approve the retroactive Special Use
Permit and a Dimensional Variance for a deck that was built in the rear setback on a
non-conforming structure in a residential zone, with the condition to add additional
plantings on the property line; seconded by Mr. Kelly.

VOTE: 5-0 (Chairman Eric Raposa: YES, Secretary Sue Horowitz: YES, Paul
Laurienzo: YES, Andrew Kelly: YES, and Marco Dimattino: YES).

IV. NEW BUSINESS

a Ralph McCluskey (applicant and owner) for property located at 70 Bayview
Avenue; being Tax Assessor's Map 6 Lot 39 (Zoned Residential, R-20). The

Town of Portsmouth
Zoning Board of Review
2200 East Main Road/Portsmouth, Rhode Island 02871
www.portsmouthri.gov

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Applicant seeks a Special Use Permit (Article VII, Section A; Article VI,
Section C1(b)) and a Dimension Variance (Article IV, Section B) to build an
addition on a nonconforming structure in a residential zone located in the side
setback.

Ralph McCluskey, 70 Bayview Avenue, stated that nothing has changed on his end
in terms of what his goal is with the property, basically to restore the 1925 cottage.
The issue that arose in the November meeting was the exact location of the right
rear footprint of the garage. The right rear edge of the garage is 1.7’ versus 1.9’
from the property line.

Abaigail Brown, 104 Bayview Avenue, was not here for the November 20, 2025,
meeting. She is in favor of the proposal; it will not obstruct her views.

James Hitchen, 82 Bayview Avenue, stated that the reason he brought up the survey
was because a Class 1 Survey had not been submitted showing the garage was not
on his property. A Class 1 Survey has now been submitted.

MOTION: Mr. Laurienzo made a motion to approve a Special Use Permit and a
Dimensional Variance of 1.7’; seconded by Mr. Dimattino.

VOTE: 5-0 (Chairman Eric Raposa: YES, Secretary Sue Horowitz: YES, Paul
Laurienzo: YES, Andrew Kelly: YES, and Marco Dimattino: YES).

b Daniel Herchenroether (Applicant) for Jeff Buress (Owner) for property
located at 125 Gideon Lawton Lane; being Tax Assessor’s Map 40 Lot 46
(Zoned Residential, R-20). The Applicant seeks a Dimensional Variance
(Article IV, Section B) to construct a new pool cabana in a residential zone
located in the rear setback.

Daniel Herchenroether, Herkworks Architecture, 36 Aquidneck Avenue,
Middletown, RI, is the architect for this project. Proposing to put in a new pool
house. There is a small pool shed there now to house the pool equipment, but it is
rotting and needs to be replaced. The existing pool shed is 8’ from rear property
line, and the proposed pool cabana will also be 8’ from the rear property line. There
were not many places the pool cabana could be placed in this lot, and the proposed
location will no impede the neighbors view of the water. The pool cabana’s 1st floor
will be a pool house, and the 2nd floor will be a gym. There are no bathrooms,
bedrooms, or any plumbing for the pool cabana.

Ms. Horwitz asked if the applicant was only requesting the rear yard setback
variance. Mr. Herchenroether replied yes.

Town of Portsmouth
Zoning Board of Review
2200 East Main Road/Portsmouth, Rhode Island 02871
www.portsmouthri.gov

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Mr. Laurienzo asked if they could have placed the pool cabana near the basketball
court, where a variance would not have been needed. Mr. Herchenroether replied it
could have, but the grade is not good there and it would impact on the neighbors
views of the water if it was there.

MOTION: Ms. Horwitz made a motion to approve the reduced setback at the rear
property line since the applicant took into consideration views of the neighboring
properties and the topography of the south; seconded by Mr. Kelly.

VOTE: 5-0 (Chairman Eric Raposa: YES, Secretary Sue Horowitz: YES, Paul
Laurienzo: YES, Andrew Kelly: YES, and Marco Dimattino: YES).

c Kim Prefontaine (Applicant) for Robin Portsmouth LLC (Owner) for property
located at 121 Robin Road; being Tax Assessor’s Map 49 Lot 22 (Zoned
Residential, R-20). The Applicant seeks a Dimensional Variance (Article IV,
Section B) to add an addition of a 118 square foot single story front vestibule
entrance way in-line with the existing footprint edge in a residential zone.

Spencer McCombe, architect for this project, 121 Robin Road. 121 Robin Road had
been renovated before Robin Portsmouth LLC bought the property, but the front
door had an odd situation where the door opened basically directly into the kitchen.
The new owners want to have some sort of foyer area, and the design is to enclose
that with a new roofline. The proposed foyer is 10’ x 11’, and is essentially a spot
where you can kick off your shoes and has a small closet for coats. The front of the
house already encroaches into the front setback, because they are extending that,
they had to come to the Zoning Boad. This addition would be a 1% lot coverage
increase.

Ms. Horwitz asked how much of a variance was being requested. Mr. McCombe
replied 5.9’, this is also an undersized lot, which almost got them out of having to
request a variance, but not quite.

Ms. Horwitz asked if the steps were not included in the setbacks. Mr. Lindo replied
that they are landscaping steps so they are not included.

Chairman Raposa asked if the addition extends past the existing home. Mr.
McCombe replied no.

MOTION: Mr. Kelly made a motion to approve the 5.9’ dimensional variance;
seconded by Ms. Horwitz.

Town of Portsmouth
Zoning Board of Review
2200 East Main Road/Portsmouth, Rhode Island 02871
www.portsmouthri.gov

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VOTE: 5-0 (Chairman Eric Raposa: YES, Secretary Sue Horowitz: YES, Paul
Laurienzo: YES, Andrew Kelly: YES, and Marco Dimattino: YES).

d Trier Kissell (Applicant/Owner) for property located at 81 +87 Freeborn
Street; being Tax Assessor’s Map 33 Lot 34 (Zoned Residential, R-20). The
Applicant seeks a Dimensional Variance (Article IV, Section B) to renovate
and expand an existing non-conforming rear cabin in a residential zone.

Trier and Andrew Kissell, 81+87 Freeborn Street, bought the property in March of
2025. The cabin they are requesting the dimensional variance for had a long-term
tenant, but they needed to end this due to the condition of the residence. After trying
to complete some interior upgrades, they realized the actual condition of the cottage
was much worse than they thought. Their proposal is to demo the cottage, pour a
proper foundation, and rebuild and expand the cottage.

Ms. Horwitz asked if this is a single-story building. Ms. Kissell replied yes, and it is
one bedroom.

Ms. Kissell commented that they are encroaching on their setbacks along Ms.
Gorton’s property. Currently they are encroaching 6.2’ on their side setback, and
the expansion would be the same.

Chairman Raposa asked since they were demolishing the cottage to rebuild, why
they were not moving it into the setbacks to make it conform. Ms. Kissell replied
that it was because of how the property is laid out, there is a lot of landscaping that
is not pictured. In her opinion, it makes a lot of sense to leave the cottage where it is
since the septic’s already run over there.

Ms. Horwitz asked about all the properties on the lot. Ms. Kissell replied there are
four buildings, the large house is where they live, there’s a tenant on third floor,
there is a long term residence in the back (cottage under discussion), there is a front
cabin near Freeborn Street that also has a long-term tenant, and there is a
barn/garage but it is not a dwelling.

Discussion on moving the property to make it conform.

Jo-Anne Gorton, 101 Freeborn Street, abutter, sent a letter in. She has no issues
with the project if the owners move the cabin into the setbacks. If they cannot move
the cottage, she asks that there be no parking to the West of the proposed cottage,
no extension of the existing driveway to the west of the cottage, and no additional
driveway entrance from Freeborn Street.

Town of Portsmouth
Zoning Board of Review
2200 East Main Road/Portsmouth, Rhode Island 02871
www.portsmouthri.gov

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MOTION: Mr. Dimattino made a motion to continue this application to the
February 19, 2026, Zoning Board meeting; seconded by Mr. Kelly.

VOTE: 5-0 (Chairman Eric Raposa: YES, Secretary Sue Horowitz: YES, Paul
Laurienzo: YES, Andrew Kelly: YES, and Marco Dimattino: YES).

Motion to adjourn made by Mr. Kelly; seconded by Mr. Dimattino.

Meeting adjourned at 8:04 p.m.

Respectfully submitted by:
Heather E. Raposa