Minutes 2026-05-21

Town of Portsmouth
Zoning Board of Review
2200 East Main Road/Portsmouth, Rhode Island 02871
www.portsmouthri.gov
1

ZBR MINUTES REGULAR MEETING MAY 21, 2026

MEMBERS PRESENT: Chairman Eric Raposa, Secretary Sue Horwitz, Paul Laurienzo,
Andrew Kelly, Marco Dimattino – Alternate 1 and Paul Maleck – Alternate 2.

MEMBERS ABSENT: Vice Chairman Benjamin Furriel

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

Chair Raposa called the meeting to order at 7:01 p.m. in the Town Council Chambers.

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

II. MINUTES

a. MOTION: Mr. Maleck made a motion to approve April 16, 2026, Zoning Board
Minutes as written; seconded by Mr. Laurienzo.

b. VOTE: 5-0 (Chairman Raposa: YES, Sue Horwitz: YES, Paul Laurienzo: YES,
Andrew Kelly: YES, and Paul Maleck: YES).

III. OLD BUSINESS

a. Alfred Sousa (applicant and owner) for property located at 0 Bay View Avenue
(Prudence Island); being Tax Assessor's Map 84 Lot 49 (Zoned Residential, R-
20). The Applicant seeks a Dimensional Variance to construct a new dwelling
on a lot not fronting on a public street (Article III, Section D2).

MOTION: Mr. Kelly made a motion to continue this application until the July 23,
2026, Zoning Board of Review Meeting; seconded Mr. Dimattino.

VOTE: 5-0 (Chairman Raposa: YES, Sue Horwitz: YES, Paul Laurienzo: YES,
Andrew Kelly: YES, and Mr. Dimattino: YES)

Mr. Lindo commented that the required engineering had not been completed and the
four Board members from April’s meeting were not in attendance that night to
continue this Application.

IV. NEW BUSINESS

Public Notice – Zoning Board Review

Town of Portsmouth
Zoning Board of Review
2200 East Main Road/Portsmouth, Rhode Island 02871
www.portsmouthri.gov
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a. Andrew Connelly (applicant) for Richard Oman (owner) for property located
at 2793 East Main Road; being Tax Assessor's Map 34 Lot 24 (Zoned
Commercial, C-1). The Applicant seeks a Dimensional Variance to construct a
26'x36' garage in the rear setback (Article IV, Section B).

Andrew Connelly, 51 Windward Drive, is looking to build a 26’ x 36’ garage for
his clients. This would be towards the rear of the lot. The rear setback is 20’
required, but he is looking for 17’ of relief for this garage. The majority of the
property is leeching field and the best fit for the garage would be all the way in the
back. Between the existing house and the leech field is the D-box, which also
narrows down where on the property the garage can go. There is an existing garage
on the property, but it is the basement of the house.

Ms. Horwitz asked where the property owners would access the garage. Mr.
Connelly replied off Bradley, not East Main Road.

Ms. Howitz asked who abuts the property in the rear. Mr. Connelly replied the
Portuguese American Club.

Mr. Kelly asked if there was a shed there now. Mr. Connelly replied yes, it would
be removed for the garage.

Mr. Meleck asked if this garage was for vehicle storage and if any plumbing and
electricity was going in. Mr. Connelly replied it is for vehicle storage and there will
be electrical but no plumbing.

Mr. Kelly asked if it was advisable to drive over the leech field. Mr. Connelly
replied it would be 8’ from the leech field.

Ms. Horwitz asked if this proposed garage meets the front setbacks since this is a
corner lot and has two front setbacks. Mr. Lindo replied it would meet the front just
not the side yard setback.

Mr. Laurienzo commented that 8’ from the leeching field he thinks is too close,
believes 10’ is required.

Chairman Raposa commented that since the garage is solely accessed from the
front, could it conform more if made less wide and just deeper. He asked what the
specific desire is to have the width versus the depth. Mr. Connelly replied the width
is for two vehicles side by side, less than 24’ it gets very tight, the 26’ allows for
bigger doors. The intent is for storage for three cars; in one back corner there is a
staircase to the loft eliminating space for another car there.

Town of Portsmouth
Zoning Board of Review
2200 East Main Road/Portsmouth, Rhode Island 02871
www.portsmouthri.gov
3

Ms. Horwitz commented that she would like to see what this is going to look like.
The staircase could be questionable. Mr. Connelly replied that the loft is an attic
truss for top storage, it is not livable space, it’s an unfinished attic.

Ms. Horwitz asked what the maximum height is for an accessory structure. Mr.
Lindo replied the Town does not have one.

Chairman Raposa commented it would be helpful to have the full picture; this does
not seem like the least relief necessary. Ms. Horwitz added that 24’ x 24’ is a good-
sized garage.

Mr. Dimattino commented that RIDEM requires 10’ setbacks from a leeching field.
Mr. Connelly replied that then they will need to potentially move the proposal.

Chairman Raposa asked Mr. Connelly if he would like a continuance to investigate
the septic more and see about making the garage more conforming. Mr. Laurienzo
added he thinks Mr. Connelly should locate where exactly the D-box is, it may be
easier to move that than the leeching field.

Mr. Connelly requested a continuance to the July 23, 2026, Zoning Board of
Review Meeting.

MOTION: Mr. Maleck made a motion to continue this application to the July 23,
2026, Zoning Board of Review meeting so that the applicant can provide the Board
with additional information relative to the proximity of the garage being at least 20
feet from the leech field, that he locate the leech field, and the location of the D-
box; seconded by Mr. Kelly.

VOTE: 5-0 (Chairman Raposa: YES, Sue Horwitz: YES, Paul Laurienzo: YES,
Andrew Kelly: YES, and Paul Maleck: YES).

b. Philip Myerson and Mary Margaret Clawson (applicants and owner) for
property located at 46 Bayview Avenue; being Tax Assessor's Map 6 Lot 37
(Zoned Residential, R-20). The Applicant seeks to replace and expand a rear
deck in the side setback (Article IV, Section B).

Philip Myerson and Mary Clawson, 46 Bayview Avenue, bought their house about
5 years ago. They are applying for this variance because their house already is not
in compliance, and the lot is underside. The deck they proposed is in line with the
house, the house already encroaches on the side yard setback, but this additional
deck does not bring them any closer than the existing structure is to their neighbor.

Town of Portsmouth
Zoning Board of Review
2200 East Main Road/Portsmouth, Rhode Island 02871
www.portsmouthri.gov
4

Mr. Myerson commented that the new deck will be 3.7’ off the property line, 6.3’
closer than allowed, but the existing house already sits 1.7’ off of said property line.
This project will not create a substantial detriment to his neighbors, particularly
because there is a line of trees that provides privacy between the two lots already.
Overall, it does not change the character of the neighborhood or alter any light or
air between the homes and in the neighborhood.

Ms. Horwitz asked if they were only adding to the deck. Mr. Myerson replied yes
they are only adding the deck, no change to the house.

Ms. Horwitz asked if there was a reason they could not bring the deck 2-3 feet in.
Ms. Clawson replied if they made the deck straight it actually would be closer to the
property line, the proposed addition follows the house angle.

Mr. Maleck asked them wen talking to their neighbors, what did they think of the
additional deck. Ms. Clawson replied they were on board with the plans, happy they
were making updates and had no issues.

Chairman Raposa opened public comment.

Ms. Horwitz asked for clarification on whether they were also adding an addition
on the front. Ms. Clawson replied they were enclosing some of the covered porch to
make more interior space, but this does not change the existing footprint of the
home.

MOTION: Mr. Dimattino made a motion to approve the dimensional variance of
6.3’ from the side yard setback, it does not interrupt any of the neighbors, well
thought out, nonconforming property, they spoke with their neighbors, not obtrusive
in the least; seconded by Ms. Horwitz.

VOTE: 5-0 (Chairman Raposa: YES, Sue Horwitz: YES, Paul Laurienzo: YES,
Andrew Kelly: YES, and Mr. Dimattino: YES)

c. Al Girard (applicant) for Amy St. Laurent (owner) for property located at 164
Riverside Street; being Tax Assessor's Map 20 Lot 144 (Zoned Residential, R-
10). The Applicant seeks a Dimensional Variance to exceed maximum lot
coverage for a deck and access stairs addition to a proposed Accessory
Dwelling Unit (Article IV, Section B).

Al Girard, 79 Mohawk Drive, stated that the owners want to put an ADU above the
garage, which needs an egress staircase to/from the second floor. Outside of the
living area and the kitchen area is a deck which also comprises of the stairway. The
dome structure in the drawings is an existing pool.

Town of Portsmouth
Zoning Board of Review
2200 East Main Road/Portsmouth, Rhode Island 02871
www.portsmouthri.gov
5

Chairman Raposa asked if there was a different want to orient the stairs. Mr. Girard
replied this proposal seemed the less intrusive manner to put the stairway and keep
the pool where it is. They are working around the pool.

Chairman Raposa asked if the stairs could be aligned closer to the building. Mr.
Girard replied that the owners would like the pool to remain where it is and so he
had to work around that.

Mr. Maleck asked if the coverage of this lot is similar to the neighborhood. Mr.
Girard did not know but Mr. Kelly replied most of the lots in this area have more lot
coverage than is allowed.

Ms. Horwitz commented that she understands the need for the stairs but wonders
why the deck is so extended. Mr. Girard replied that this will be an outdoor area for
tables or many a small grill, or where they can sit and enjoy the views.

Chairman Raposa asked if this was the least relief necessary and if the ADU will be
used as a rental or someone else. Paul St. Laurent, 164 Riverside Street and 14
Weetamoe Lane, replied that primarily his mother resides in the house and his sister
is looking to have the ADU for herself so that she can stay nearby and help take
care of their mother as she ages. For the deck, it is facing inward towards the water,
does not obstruct anything from any of the neighbors who did not have any issue
with any of the design.

Ms. Horwitz commented that there is a spiral staircase, but she does not see a third-
floor plan and asked how much area the third floor is. Mr. Girard replied there is a
loft on the third floor, part of the inset, does not go above 2-stories. Ms. Horwitz
added the comment that for a one-bedroom ADU you can’t go above 900 square
feet and asked how big the loft is. Mr. Girard replied that the total square footage,
including the loft is under 900 square feet.

Chairman Raposa opened public comment.

MOTION: Mr. Kelly made a motion to approve the dimensional variance to
increase the lot coverage to 41.2% for a deck and access stairs to a proposed ADU,
it is the least relief necessary, it does not change the characteristics of the
neighborhood, does not cause any detriment to the abutters; seconded by Mr.
Dimattino.

VOTE: 5-0 (Chairman Raposa: YES, Sue Horwitz: YES, Paul Laurienzo: YES,
Andrew Kelly: YES, and Mr. Dimattino: YES).

ZBR BUSINESS

Town of Portsmouth
Zoning Board of Review
2200 East Main Road/Portsmouth, Rhode Island 02871
www.portsmouthri.gov
6

a. Motion to authorize the Zoning Administrator to sign all Zoning Board
decisions on behalf of the Board.

MOTION: Mr. Kelly made a motion to authorize the Zoning Administrator to sign
all Zoning Board decisions on behalf of the Board for May 21; seconded by Mr.
Dimattino.

VOTE: 5-0 (Chairman Raposa: YES, Sue Horwitz: YES, Paul Laurienzo: YES,
Andrew Kelly: YES, and Mr. Dimattino: YES).

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

Meeting adjourned at 7:54 p.m.

Respectfully submitted by:
Heather E. Raposa