Apr. 28, 2026 - Zoning Board Meeting
MIDDLETOWN RI ZONING BOARD OF REVIEW
MEETING MINUTES
DATE: April 28, 2026
TIME: 6:00 PM
LOCATION: Town Hall Chambers -350 East Main Rd Middletown RI
__________________
Administrative
Zoning Board of Review meeting called to order at 6:00 PM.
Roll call
Rick Lombardi- Present
Judith Rosenthal- Present
Rebecca Rogers -Absent
Alicia Reyes- Present
Christopher Rowe- Present
Antone Viveiros- Present
Thomas Heaney- Present
Voting members
Thomas Heaney
Christopher Rowe
Alicia Reyes
Rick Lombardi
Judith Rosenthal
Adoption of Zoning Board meeting minutes from March 24th, 2026.
Motion by Rick Lombardi, second by Alicia Reyes
Approved 5-0
New Petitions
Petition ZBR-26-10: Caroline Stone (Owner) and Girard Galvin (Attorney) for a Variance from 603, 903 and 701 to construct a new dwelling with a front yard setback of 17.5' where 25' is allowed, North side of 9.4' where 15' is allowed and a South side of 10.5' where 15' is allowed. Said real estate is located at 565 Wolcott Avenue and further identified as tax assessors Plat 116SE Lot 92.
Girard Galvin presented petition for dimensional variance with the following testimony. Existing home is non-conforming with setback encroachments greater than requested relief. Also 73’ wide lot is narrower than standard 100’. Mrs Stone purchased the home last year with the intention of rebuilding, improving quality and functionality. The narrowness of the lot has been identified as the heart of the hardship
__Caroline Stone __of 17 Allen Rd, Wellesly, MA, owner of 565 Wolcott Ave, Middletown, RI was sworn and testified to current condition of property and her desires to improve the property and make it home for her family. Initially, it will not be primary residence but will be used as second home for vacations/family holidays. Property is currently registered as a permitted Short Term Rental (STR) but Mrs. Stone does not intend to rent it out. She will however maintain the permitted use complying with registration requirements. Christopher Rowe raised questions regarding STR Registration and listed license holder and transfer of STR. Owner, Caroline Stone agreed to follow up and correct any errors in registration. Christopher Rowe stated his findings /concerns regarding the number of STRs in the neighborhood. Town Solicitor and Building Official clarified STR regulations regarding transfer. This request is for dimensional relief, no Special Use Permit (SUP) regarding STR license is being considered at this time.
Mike Tartamella from Patrick Aheam Architects 14 Newbury St Boston, MA was sworn in and recognized as expert in architecture and testified to the characteristics of the property and engagement with town officials and attorney prior to design to ensure compliance with regulations including height restriction and maintaining architectural character of the neighborhood.
Mr Tartamella verifed for Thomas Heaney (Board Chairman) that building a narrower home positioned deeper into the lot would further reduce the side and front lot encroachments but the current design addresses grading, drainage and runoff.
Dan Szymanski from Northeast Engineers 6 Valley Rd Middletown, RI was sworn in as expert in engineering. He provided testimony regarding the challenges that the grading and shape of the lot. Testified that the home will be compliant with Middletown stormwater regulations, designed to not increase runoff. To capture some of runoff there will be underground infiltration, positive drainage around the building and probably some yard basins. Proposed design to not negatively impact abutters.
Jim Houle 198 Union St Portsmouth RI was sworn in and recognized as expert in land use and appraisal. He provided report (exhibit A) and testimony that proposed home design meets criteria for dimensional variance and hardship. Undersized narrow width meets criteria for relief, the house being constructed is reducing the front and side dimensional encroachments. Granting of relief will not alter the general character and will improve the general character of the neighborbood.
Open Public Hearing
Ray Lewis of 71 Mountain View Drive, Belchertown MA, owner 551 Wolcott Ave Middletown RI and abutter to petitioner. Concerns with the building of non-forming houses and transfers of non-owner occupied (grandfathered) STRs. Council members and Town Solicitor clarified state law regarding Special Use Permits and transfers.
This request is for approval of dimensional relief, STR issues are not being reviewed at this time.
Mark Horan, supports petition. Thoughtful design reduces encroachments.
Close Public Hearing
Motion to approve petition by Rick Lombardi, second by Judith Rosenthal.
Discussion:
Rick Lombardi states that many non-conforming homes in the area require zoning relief to improve the property. This proposal is an improvement to what currently exists. Board’s charge, by law, is to follow zoning ordinance and criteria for granting of variance. Petitioner has met the criteria. Hardship is the non-conforming lot and is not created by the petitioner . Although sensitive to concerns of neighbors we are required to follow the law.
Christopher Rowe discussed the character of neighborhood stating that the majority of buildings are 2-Story homes. He has concerns with the current trend to build larger homes, increasing property values and increased taxes to full time residents. Concerns with take over by investment properties and seasonal homes and the impact this has on the affordability of residents and character of neighborhood.
Judith Rosenthal stated that repeated allowances of small variances may ultimately impact the character but each petition must be viewed and decided upon independently. Granting of this petition will not negatively impact the surrounding area and meets the hardship criteria for relief.
Antone Viveiros requested verification by building official that 35 feet height satisfies zoning and no relief for height is reuired.
Christopher Rowe believes that the growing number of 3-story buildings impacts character of surrounding areas and does not support this petition.
Petition Approved 4-1 (Christopher Rowe opposed).
Petition ZBR-26-11: 559 Wolcott LLC (Owner) and Girard Galvin (Attorney) for a Special Use from 602, 803, 902(A), 902(A)(5)(b) to increase STR bedrooms from 3 to 4. Said real estate is located at 559 Wolcott Avenue and further identified as tax assessors Plat 116SE Lot 91.
Girard Galvin presented petition for Special Use Permit to increase STR bedrooms at 559 Wolcott Ave with the following testimony. Currently licensed for 3 STR bedroom rental. Owner would like to improve structure and parking situation and increase number of bedrooms.
Mark Horan 559 Wolcott LLC 336 Gibbs Ave Newport RI. Sworn in and provided testimony. STR license was renewed after purchase and reflects current owner and is active. Currently single story ranch, plan to add another story and roof. May utilize some of the existing structure, looking at integrity of structure and what is required to make the structure sound. Current parking is not workable, proposed design would enlarge the garage and possibly design curved driveway. Design will comply with parking requirements for 4 bedrooms.
Request is for SPU for additional bedroom with additional story and roof only. Potential rebuild is not being addressed at this time.
Jim Houle 198 Union St Portsmouth RI was sworn in and recognized as expert in land use and appraisal. He provided report (exhibit A) and testimony that request to increase STR rental from 3-4 bedrooms complies with the Special Use Permit (SUP) criteria. No request for any variances is anticipated. The property is already being used as STR, addition of one bedroom will not result in a significant diminution of property values in the surrounding area, will not create a nuisance. Sufficient on-site parking will be added to comply with requirements.
Open Public Hearing
Raymond Lewis of 71 Mountain View Drive, Belchertown MA, owner 551 Wolcott Ave Middletown RI abutter to petitioner. Increased number of bedrooms will impact enjoyment of his home. Current STR ordinance allows for up to 6 people, under prior ordinance a 4 bedroom would allow for 8 people. Proposed development plan appears to show 3 family, six bedroom home and differs from what is seen in the system.
__Caroline Stone __of 17 Allen Rd, Wellesly, MA, owner of 565 Wolcott Ave, Middletown, RI stated support for petition.
Close Public Hearing
Motion to approve petition by Rick Lombardi, second by Judith Rosenthal.
Discussion
Christopher Rowe states his belief is that approval should be based on existing conditions at the time of request not on proposed changes. Where in this situation only 3 bedrooms exist and is not suitable for 4 bedroom STR.
Solicitor and Building Official clarify that petitioner may not move forward with development without Zoning Board approval for SUP to expansion of STR.
A. Reyes states concern that expansions to existing STRs under prior ordinance do have an impact on residential neighborhoods and quality of of life for the residences just as increases in number of STRs impact neighborhoods. Current ordinance for new STRs is more restrictive. As we have heard tonight, we repeatedly hear from residents affected by STRs that they are negatively impacted by the increase in STRs. Although there is a process in place to request these expansions and the petitioner is following this process, this board may consider the impact to the neighborhood as well as the petitioners request when determining approval.
__Rick Lombardi __stated intent of current ordinance is to allow request for expansion of STRs allowing Zoning Board to grant requests given the law as it is written.
This petition is only for SUP to increase number of STR bedrooms from 3-4.
Petition Approved 3-2 (Christopher Rowe and Alicia Reyes opposed).
Petition ZBR-26-13: Brian Rurak (Owner) for a Special Use from 803 & 902; and Variance from 603 & 903, to construct a 24x22 addition with a rear setback of 26' where 30' is required. Said real estate is located at 137 Ellery Avenue and further identified as tax assessors Plat 155 Lot 197.
Brian Rurak 137 Ellery Ave Middletown, RI was sworn in and presented petition. Special use is required for the existing 2-family with 2 separate dwellings on a single lot. Request is to add a second bedroom to the apartment where his mother is currently living with a two bay garage underneath it for parking and insulation. A bathroom and laundry room will also be added. Future use will be for primary bedroom and bathroom to allow mother to age in place. This will provide bedroom for visiting sister and future care giver if needed. Relief of 4 ‘ from required 30’ rear setback is also required.
Mr. Rurak currently resides in primary residence.
Open Public Hearing
No one came forward
Close Public Hearing
Motion to approve SUP by Rick Lombardi, second by Judith Rosenthal.
No further discussion.
Petition Approved 5-0
Motion to approve petition for variance by Rick Lombardi, second by Judith Rosenthal.
Discussion:
Requested relief is minimal with no increase in lot coverage. Vegetative barrier at property line exists.
Petition Approved 5-0
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.
Petitioner not in attendance so this will be continued to May 26 th meeting.
Motion to adjourn by Rick Lombardi, second by Judith Rosenthal.
Approved 5-0
Meeting was adjourned at 7:56PM.