[{"_1":2,"_88":-5,"_89":-5},"loaderData",{"_3":4,"_26":27},"root",{"_5":6,"_17":10,"_18":19,"_20":21,"_22":10,"_23":-5,"_24":-5,"_25":10},"user",{"_7":8,"_9":10,"_11":10,"_12":-5,"_13":-5,"_14":15,"_16":-5},"roles",[],"isAuthenticated",false,"isPremium","planName","subscriptionStatus","featureFlags",{},"insightsBudget","isDevelopmentHost","userPreferences",{},"recaptchaSiteKey","6LcvOJcUAAAAAHsB-gPGfGktcRlKpH7OTIU_dMTD","isImpersonating","impersonation","affiliateStatus","isFreedomPortal","routes/v2/article/layout",{"_28":29,"_30":31},"notFound",true,"relatedArticles",[32,76],{"_33":34,"_35":36,"_37":38,"_39":40,"_41":42,"_43":44,"_45":46,"_47":48,"_49":50,"_51":52,"_53":54,"_55":56,"_57":58,"_59":60,"_61":62,"_63":64,"_65":66,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},"mediaId",6466247,"mediaKeyId","5824454-ec906702403ba128d515c916fcd966d5","parentId",5824454,"title","Middletown zoning board approves four variances, continues one petition to October meeting","audioSeconds",4370,"startMs",396000,"endMs",4766000,"viewUrl","/Search/View?dp=1&key=5824454-ec906702403ba128d515c916fcd966d5&start=396&end=4766","thumbnailUrl","https://assets.pipeline.soar.com/5824454-ec906702403ba128d515c916fcd966d5/thumbnail_396000.jpg","articleUrl","/articles/6466247/Rhode-Island/Middletown-zoning-board-approves-four-variances-continues-one-petition-to-October-meeting","mediaUrl","https://secure.pipeline.soar.com/6466247-79a211224bb704e4dc26651cd028f3ec/orig.mp4?Expires=1775804770&Signature=DUccOOEtsM6OpwJNr6L48Ia4avCpaOxm8PvhtWTK5YQsT8zl856B9VGGSPvrpzKhZ1avGAB~04V3NopuXwmHtss-KbC86ppq0R-zrM-0CpX2dgS8x8iEqEjG3TO3aZjqPu1lLsujHmSUq4TOF~eUmVMM~CEqh5I5P8aUsN9qPPg3TGTlKecyTD137MKplmEwIXchkVmrF4wfrhgp3AxApA5VTRzmFGF3c3YHWG6fd5bvhgcn-oO1gAQb3k44ia0aQCorjgAuM8s2SGxOFhUo5YOaP~~GNdo6VKjuWnZVhaPu4Is11b3j9rkf85z4hTIOv9zHcnxNn7F7KRSi1x~tgw__&Key-Pair-Id=KUT5TJCACFTXG","author","Middletown, RI","date","2025-09-24T12:52:51.667Z","article","The Town of Middletown Zoning Board on Sept. 23 approved four zoning petitions and continued one petition to the board’s Oct. 28 meeting after officials identified a discrepancy in recorded lot area that could affect lot coverage math.

Summary petitions

Two summary petitions were read and approved without extended discussion. Petition ZBR2519 for Donald and Lily Thieme and Tanner Jackson sought relief to construct an 11.6-by-13.3 seasonal room 44 inches from the rear yard where 50 inches is required at 71 Gosset Turn (Plot 105, Lot 623). The board approved the petition by voice vote, recorded as unanimous for the members present.

Petition ZBR2520 for Frank Yabarcio and Richard Viera requested relief to add a 12-by-10 pergola on an existing deck at 146 Tuckerman Avenue (Plot 116 NE, Lot 150). The board approved that summary petition by unanimous voice vote.

New petitions and actions

Petition ZBR2518 (27 Cowes Path, Plot 105 Lot 524) asked for a 12-by-24 addition that would result in a south side-yard setback of 13.6 feet where 15 feet is required and a rear-yard setback of 26.6 feet where 30 feet is required. Applicants Don McKenna and Brett Wallach described the addition as stretching the existing footprint to add two first-floor bedrooms and enlarge a second-floor master suite; the board heard there were no immediate objecting neighbors present. After questioning, the board approved the variance by a 5–0 vote.

Petition ZBR2516 (13 Fairview Ave, tax assessor Plot 108 SW Lot 54) — filed for a second-floor addition over an existing garage and a 12-inch-by-21-inch entry/stair addition resulting in an east side setback of 1.5 inches where 30 inches is required — was continued to the Oct. 28 meeting. The continuance followed a staff review that identified a discrepancy between the tax assessor’s listed lot area and the recorded subdivision plan; if the smaller recorded acreage is correct, the application would require an additional lot‑coverage variance that was not noticed in the current hearing packet. The board instructed the applicants to provide a survey or revised plans and re-advertise as necessary.

Votes at a glance

- ZBR2519 (71 Gosset Turn; Donald & Lily Thieme, Tanner Jackson): variance to construct seasonal room; outcome: approved; tally: unanimous (5–0 as recorded).
- ZBR2520 (146 Tuckerman Ave; Frank Yabarcio, Richard Viera): variance to add 12x10 pergola; outcome: approved; tally: unanimous (5–0 as recorded).
- ZBR2518 (27 Cowes Path; Don McKenna, Brett Wallach): variance for addition reducing side and rear setbacks; outcome: approved; tally: 5–0.
- ZBR2516 (13 Fairview Ave; Brian Miller, Brian Skull): request for second-floor addition and small side setback; outcome: continued to Oct. 28, 2025 (applicant to supply survey or revise plans to resolve lot‑area/lot‑coverage discrepancy).

Procedural note: the board paused one case (ZBR2516) to avoid granting relief not included in public notice if the recorded lot area makes the submission exceed allowable lot coverage. The board advised applicants to obtain a survey or otherwise confirm the lot area before the next hearing.

The meeting concluded after approving the items and scheduling the continued matter for Oct. 28.","mediaType","Video","parentTitle","Zoning Regular Meeting, September 23, 2025","oneSentenceSummary","At its Sept. 23 meeting the Town of Middletown Zoning Board approved four variance requests — including two summary petitions — and continued one petition to Oct. 28 after a lot‑size/lot‑coverage discrepancy was raised.","taxTitle","Town of Middletown, Newport County, Rhode Island","taxId",58176,"location","Rhode Island","headline","","shortSummary",{"_33":77,"_35":36,"_37":38,"_39":78,"_41":79,"_43":80,"_45":81,"_47":82,"_49":83,"_51":84,"_53":85,"_55":56,"_57":58,"_59":86,"_61":62,"_63":64,"_65":87,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},6466252,"Middletown zoning board approves variance for new home at 83 Shore Drive, conditions CRMC sign-off and neighbor buffering talks",3467,609000,4076000,"/Search/View?dp=1&key=5824454-ec906702403ba128d515c916fcd966d5&start=609&end=4076","https://assets.pipeline.soar.com/5824454-ec906702403ba128d515c916fcd966d5/thumbnail_609000.jpg","/articles/6466252/Rhode-Island/Middletown-zoning-board-approves-variance-for-new-home-at-83-Shore-Drive-conditions-CRMC-sign-off-and-neighbor-buffering-talks","https://secure.pipeline.soar.com/6466252-a57d7b98bca825c87ef6bca119890e6a/orig.mp4?Expires=1775804770&Signature=HGrgGJKSPGbjNH6ha2si6YS9oqdorEE8XJnE0xZh4~cepEIEEjsoVMfYT69rEfoOtUq5OMCfkxnlKn4Ymx06CX~gBX4GBNTPIKapn4CE~Ks0QfzlhTzpAEiBgOmUTdlzZXAH8OkAkSf-Rc14me35rGbUkZsvsJ~ky1zOgkIIBTZc8-2yDD2jXc0N~3jgeAsfEvBaLC83FHnXc9zjHKXCTF6LlVrgzTx5-lG5i2LAuhTKy8H0ChP2xyhW8Qpdu2e~zzkBP0PJCbSkYKBWcq4v9~SkzKbxNXB6~yQ~GdFVGz2x0bJyMOqGIQZikWazM7tCL3txTa~zhF1Ircsil2EpnQ__&Key-Pair-Id=KUT5TJCACFTXG","The Town of Middletown Zoning Board on Sept. 23 approved a variance allowing Austin and Mary Willis to demolish and replace a nonconforming house at 83 Shore Drive with a new, elevated home, provided the project receives final approval from the Coastal Resources Management Council.

The board voted to approve the petition to move the proposed house footprint forward on the lot — a change the applicants say was requested by CRMC to increase the distance from the shoreline — while also granting relief for two side-yard setbacks. The measure passed after a 4–1 roll-call objection; one member recused themself before the hearing.

The request drew detailed technical testimony about competing regulatory requirements, the lot's irregular shape and design constraints. The Willises' attorney, Gerard Galvin, told the board the existing structure is nonconforming and that CRMC advised the applicants to locate the new house no closer to the shore than the current building. “After deliberation, that led to us submitting a request for a variance from the zoning setback restrictions,” Galvin said.

Mary Willis said the couple bought the property about a year ago and found the existing house had substantial deferred maintenance and did not meet FEMA standards. “For both safety and financial reasons, we've made the decision to start fresh and build a new home that fully complies with the regulations balancing FEMA, the CRMC, and the Town of Middletown,” Willis said. She added the design seeks to minimize visible bulk by using a flat roof and pilings to elevate the first living floor to the FEMA-required elevation.

Architect Rosanna Beth Harding described a design driven by site geometry and regulatory constraints. She said the lot’s wedge shape and the need to meet elevation, structural and access requirements led to a footprint that the design team regards as the minimum necessary to provide required circulation (stair and elevator) and structural supports. “Every effort was made at the outset to design this within a allowable footprint,” Harding said, adding that the team adjusted the design after preliminary CRMC discussions.

Engineer Mike Russell and peer reviewer James Houle testified that two main hardships support the variance request: (1) the lot’s irregular — narrowing — shape, and (2) the site’s location within CRMC jurisdiction and FEMA flood/velocity zones, which require elevated construction. Russell said the existing concrete seawall and the coastal buffer are CRMC considerations that influenced the siting. Houle said the requested encroachments — roughly 1.3 feet on the side setbacks and a 9-foot reduction in the front setback to 15.7 feet where 25 feet is required — were minimal relative to the demonstrated hardships and that the proposal would likely improve the neighborhood’s character compared with the existing house.

Neighbor Marissa Nardo of 73 Shore Drive testified in person and in a written letter. Nardo said she is generally supportive of the owners but objected to the reduced side setback because the replacement house will be taller and closer to her property. “My only concern is that the close proximity to my property ... it is going to be double the size of my home,” she said, asking that the 15-foot side-yard buffer be respected. Board members and the applicants said they would continue direct discussions about vegetative screening and other buffering measures; Galvin said the applicants were willing to pursue mitigation talks.

During deliberations a board member proposed conditioning approval on CRMC sign-off; that condition was added. The motion before the board was to approve the variance pending CRMC approval. Board members debated whether the owners had created the hardship; several members agreed the lot’s shape and regulatory constraints predated current ownership.

The board recorded the motion as approved with one objection. The approval included the condition that the petitioners receive any required CRMC approvals for the proposed relocation of the structure and that the parties continue negotiations about buffering between the properties.

Votes at a glance: motion to approve (conditioned on CRMC approval) — outcome: approved; recorded tally: 4 yes, 1 no, 1 recusal.

The applicants' project details presented to the board include a proposed front-yard setback of 15.7 feet where 25 feet is required, side-yard setbacks of 13.7 feet where 15 feet are required, and a required first-floor elevation of approximately 26 feet above sea level to meet FEMA standards. The team said the new design will not increase lot coverage beyond town limits and that parking will be under the elevated structure.

Board members asked the applicants to continue dialogue with Nardo about screening options and to supply any documentation CRMC or FEMA require as the state review proceeds. The board also noted that CRMC typically prefers applicants to resolve local zoning clearances before final coastal permitting.

If CRMC declines administrative approval and requires additional coastal variance procedures, the applicants will need to follow that agency's process before construction can proceed.

The record of this petition includes testimony from the applicants and their expert witnesses and a written letter from the neighbor; the board’s approval was conditioned on the external CRMC decision and on continued neighbor negotiations.","The Town of Middletown Zoning Board approved a variance allowing Austin and Mary Willis to replace a nonconforming house at 83 Shore Drive with a new elevated home, conditioned on approval by the Coastal Resources Management Council and continued discussions about vegetative screening with an adjacent neighbor.","actionData","errors"]

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Middletown zoning board approves four variances, continues one petition to October meeting

Middletown zoning board approves variance for new home at 83 Shore Drive, conditions CRMC sign-off and neighbor buffering talks