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ZONING BOARD OF REVIEW
MIDDLETOWN, RHODE ISLAND
-MINUTES-
DATE: MAY 26, 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. *
Administrative
1. Roll call. Zoning Board of review was called to order at 6:02PM. The board members present: Thomas Heaney, Rick Lombardi, Rebecca Rogers, Judith Rosenthal, Christopher Rowe, Antone Viveiros, Alicia Reyes, Kendall Homes, Joseph Markey.
2. Welcome new members.
3. No minutes from last month and will adopt them in at the next meeting.
4. One continued petition from previous month.
New Petition Continued from APRIL 28, 2026
Petition ZBR-26-12: Richard Pfaff (Owner) for a Special Use from 602 & 902 to obtain approval for an owner-occupied Short-Term Rental. Said real estate is located at 7 Cedar Avenue and further identified as tax assessors Plat 125 Lot 34.
Mr. Pfaff was present and sworn in. He explained his petition and how he wants to do short-term rental in the bottom half of the house. Mr. Pfaff wants to rent two rooms out during the folk fest and other events in Newport. There was discussion about how the owner must be on the property during the rental. Mr. Pfaff explained he has about 4 parking spaces in the driveway plus the garage. When the chairman opened the meeting to the public, there were no objections. The hearing was closed and Rick Lombardi made a motion to approve. The motion was seconded by Judith Rosenthal and the motion was approved 5-0. The voting members for this petition only were: Thomas Heaney, Rick Lombardi, Judith Rosenthal, Christopher Rowe, and Alicia Reyes
The reasonings for approving: Mr. Pfaff understands that in order to do a short-term rental he needs to be present on the property when he is doing a short-term rental. He will be upstairs and renting the downstairs. He is able parking in the driveway and won’t have any off-street parking. The petition fits the creitera for an owner-occupted short-term rental as it will not cause any nusiance to the neighborhood.
New Summary Petition
Petition ZBR-26-18: Brian Blanchard (Owner) and Daniel Herchenroether (Architect) for a Variance from 604 Conservation District Dimensional Regulations, 903 & 321 (A) to construct a 2nd floor addition located 25.5 feet from the rear (Western) property line where 30 feet is required. Said real estate is located at 11 Julia Court and further identified as tax assessor Plat 114 Lot 106-F.
Continued to next meeting.
New Petitions
Petition ZBR-26-15: Michael Powell (Owner) and Daniel Herchenroether (Architect) for a Variance from 604 & 903 to construct a sunroom addition located 25.5 feet from the rear (Southeastern) property line where 30 feet is required and 26.40% lot coverage where 25.00% is allowed. Said real estate is located at 8 Julia Court and further identified as tax assessors Plat 114 Lot 106-I.
Continued to next meeting.
Petition ZBR-26-16: Christopher Keefe (owner) for a Special Use from 602, 27(C) & 902 to convert garage into STR. Said real estate is located at 1250 East Main Road and further identified as tax assessors Plat 117 Lot 841.
Mr. Keefe was present and sworn in. Chris Rowe recused himself. Mr. Keefe explained his petition and how he wants to covert the existing attached garage into a short-term rental. He described the area as a studio apartment with one room, a bathroom, a fridge and a microwave. There are two separate driveways: one for Mr. Keefe personal use off of Island Drive and the other will be used for the short-term rental which is off East Main Road. The driveway can fit between 3-4 cars. Mr. Keefe will be present on the property during the short-term rental. When the chairman opened the meeting to the public, Mr. George Bourge came forward. He lives on Island Drive and expressed concerns about traffic flow on East Main Road. Mr. Keefe explained that there will be a 3-person max occupancy so there will not be traffic concerns. He is also going to pave the driveway that enters from East Main. Rick Lombardi made a motion to approve. The motion was seconded by Judith Rosenthal and the motion was approved 5-0.
The reasonings for approving: Mr. Keefe understands that he needs to be present on the property while it is being rented as a short-term rental. The short-term rental has its own private driveway and will not cause any traffic issues due to having a max occupancy of 3 people. There is enough parking to accommodate three vehicles.
Petition ZBR-26-17: Timothy Barrow (Owner) for a Variance from Article 6-Section 603, & 903 to install a 8' X 10' shed addition to existing 10’ x 14’ shed with a 2' rear setback where 10' is required. Said real estate is located at 1 Wedgewood Drive and further identified as tax assessors Plat 114 Lot 255.
Mr. Barrow was present and sworn in. He described his petition and is asking to add an addition to already existing shed. Mr. Barrow stated that his lot is undersized and the addition would go along the property line to follow the existing shed. The existing shed is already 2’ from the rear. Mr. Barrow said he spoke with the three direct abutting neighbors – one neighbor is the State of Rhode Island Looking Upwards. Mr. Barrows provided 2 email correspondences from abutting neighbors as letters of support which were entered as Exhibit A and Exhibit B. There is one neighbor on the south side of the property who has expressed concern about coverting the shed into an ADU. Mr. Barrow confirmed it is not his intention to covert the existing shed along with the addition if approved into an ADU but to store toys for grandkids, gardening equipment and furniture. The shed will not be insulted so no one will be living in it. Mr. Barrow further explained that the same exact petition was approved 2 years ago and got the permit however it expired. When the chairman opened the meeting to the public, Attorney Michael Richards expressed concerns on behalf of his clients, Mr. and Mrs. Dunn. Attorney Michael Richards was present and sworn in on behalf of Peter Dunn and his wife. Attorney Richards explained that his clients are the abutters on the south side and requested a continuance to June for the parties to have a discussion and see if there can be an agreement. Attorney Richards explained he wanted a declaration from Mr. Barrow that he would not convert the shed into an ADU along with other certain conditions. There was discussion from the board regarding where the Dunns were and why they were not present if they were objecting to the addition. The petition was before the board solely for a shed and the board is only considering it as a shed – not an ADU. The hardship is due to his undersized lot and needs relief. There are not any other locations to put the shed on the property. The existing shed which also has a 2’ set back was prior to the new ordinance and has been there for 15 years. The request is simply to expand an existing non-conforming shed. The hearing was closed and Rick Lombardi made a motion to approve. The motion was seconded by Rebecca Rogers. Alicia Reyes opposed the petition. The motion was approved 4-1.
The reasonings for approving: There is a hardship that is created due to the unquiness of the lot through no fault of Mr. Barrow. The request in the petition is to follow and expand the already exisiting non-conforming shed. Mr. Barrow spoke to abudding neighbors and most had no issue with the variance being granted except for one of the neighbors. Alicia Reyes stated she was opposing the petition because she did not feel as if Mr. Barrow met the critera for the hardship.
Petition ZBR-26-19: Lisa Bohner (Owner) for a Special Use from 602, 902 & 27C to obtain approval for an owner-occupied Short-Term rental. Said real estate is located at 278 Chases Lane and further identified as tax assessors Plat 106 Lot 8 (A).
Mrs. Bohner was present and sworn in. Mrs. Bohner explained she moved back in 2020 to care for her Mother. She recently inherited the house from her Mother. Her parents bought the house in 1972. It is a 2-family home and she want to do short-term rentals on the second floor of the home while she lives on the first floor. It has a separate entrance and has 2 bedrooms and 1.5 baths with a full kitchen and living room. She only wants to do short-term rentals for about a year or 2. There is a garage and a driveway so there is plenty of parking. When the chairman opened the meeting to the public, there were no objections. The hearing was closed and Rick Lombardi made a motion to approve. The motion was seconded by Judith Rosenthal and the motion was approved 5-0.
The reasonings for approving: Chris Rowe talked with three neighbors and no one had any issues with the short-term rental. There are no concerns it will be a party house or cause a nusiance to the neighborhood. There is more than enough parking spots as the driveway is a half circle. Mrs. Bohner understands she will need to be present on the property while it is being rented as a short-term rental.
Petition ZBR-26-20: James Cahill (Owner) for a Special Use from 602, 902 & 27C to obtain approval for an owner-occupied Short-Term rental. Said real estate is located at 281 Green End Avenue and further identified as tax assessors Plat 114 Lot 98.
Continued to next month.
Petition ZBR-26-21: Myra Jenkins (Owner) for Variance 603, 903 and 321 (A) to construct an 8' X 10' front deck with a 35' setback where 40' is required. Said real estate is located at 671 Green End Avenue and further identified as tax assessors Plat 120 Lot 803.
Continued to next month.
Petition ZBR-26-22: Dan Sylvester (Owner) for a Variance from 603 & 903 to construct a 15' X 25' shed resulting in a 3' N side where 15' required, a 5' rear where 10' is required, and increase in lot coverage to 44% where 25% is allowed. Said real estate is located at 13 Livingston Place and further identified as tax assessors Plat 108 SW Lot 185.
Mr. Sylvester was present and sworn in. He described his petition and that he wants to build a shed that exceeds the existing ordinance. Mr. Sylvester stated that the home was originally a single family but was turned into a 2 family prior to him buying the property. He has owned the property for 27 years and the current shed was falling apart so wants to build a new one. He rents the upstairs and he lives downstairs. The larger shed would hold things like the lawn mower and other lawn equipment since there is almost not storage on the property. There was no survey done of the property however Mr. Sylvester used the old dimension and not the new calculation so the lot coverage increase seems like a lot but is not under the new guidelines. When the chairman opened the meeting to the public, there were no objections. The hearing was closed and Rick Lombardi made a motion to approve. The motion was seconded by Judith Rosenthal and the motion was approved 5-0.
The reasonings for approving: with clarification from Chris Costa, it was described that under the new calaculations, the lot increase would be closer to about 19% vs. the 44%. Due to the unquiness of the lot and how small it is, the shed seems larger than it really would be.
Rick Lombardi made a motion to adjourn the April 28, 2026 meeting. Rebecca Rogers seconded the motion. The motion to adjourn was approved 5-0. The meeting was adjourned at 7:25PM.