Planning Board conditionally approves variance for Ball subdivision; 20-acre parcel to Block Island Land Trust

The New Shoreham Planning Board on June (meeting date not specified) held a public hearing on a minor subdivision application by Martha Ball and William Ball for property at Plat 3, Lot 118 (Corn Neck Road). The applicants sought a two‑lot subdivision to create a buildable 3‑acre lot to be retained by the Balls and to convey the roughly 20‑acre remainder to the Block Island Land Trust subject to conservation easements. The board opened the public hearing, heard staff and applicant presentations, took questions from the board and the public, and later closed the hearing to consider a dimensional variance request.

The variance request sought relief from section 306(c) of the zoning ordinance — the frontage requirement (200 feet) — to allow the proposed 3‑acre lot without the 200‑foot street frontage normally required. Planning staff and the town’s consultant (Peter) reviewed the variance standards and provided recommended factual findings. The board members indicated agreement with the recommended findings on the record and instructed staff to draft a formal motion for the July meeting. Attorney Jory Andrews (representing Martha Ball) told the board the purchase‑and‑sale agreement with the Block Island Land Trust includes reservation of the access easement and that the applicants will add a note to the plan to reserve the driveway for the Ball parcel.

Why it matters: the application would transfer the majority of the parcel into permanent conservation while leaving a single smaller, buildable parcel under private ownership. The variance is the gateway step: the board must first find the variance standards satisfied before it may approve the minor subdivision under Rhode Island law (R.I. Gen. Laws § 45‑23‑60/61).

Key facts and supporting details

- Proposal: two‑lot minor subdivision of Plat 3, Lot 118 (Corn Neck Road). One lot: a 3‑acre lot retained by the Balls and proposed as buildable; the other: approximately 20 acres to be conveyed to the Block Island Land Trust and already subject to conservation easements that were recorded in prior years (applicants described easements granted in 1990 and again around 2001). - Site work: applicant submitted water test results and indicated the 20‑acre portion is buildable in the sense used for their contract closing; the existing wastewater system and driveway will remain in place and no new road construction is proposed. - Access/easement: the applicants said they will reserve an easement over the existing driveway for the Ball lot in the deed and will include a draft note/easement on the final plan as a condition of approval. - Environmental review: applicants provided a letter dated 04/19/2024 from a state review panel regarding wetlands/impact areas (applicant referenced that letter during the hearing).

Board action and procedural steps

- The board opened the public hearing on the subdivision and variance (voice motion; no roll‑call recorded). Public comment was solicited; no substantive public opposition was recorded in the transcript. - The board reached a consensus on the factual findings recommended by the planning consultant for the variance standards (d1–d4, e1, e2 as listed in the consultant report), directing staff to prepare a draft motion reflecting those findings. - The hearing was closed by voice motion. - The board then agreed to proceed with a conditional approval step: they indicated on the record that they would grant the dimensional variance from section 306(c) in form and prepare a motion for a formal vote at the next meeting. The chair later made a motion to grant the dimensional variance; the motion carried by voice vote (no roll‑call recorded).

Next steps and conditions

- Staff will prepare a written motion and findings for a formal vote at the July meeting that will include conditions identified during the hearing: a deed note or recorded easement reserving the driveway for the Ball lot, confirmation of lot sizes, and submission of final plan documents that include lot coverage calculations and any required deed restrictions. - A final administrative filing for the minor subdivision (minor subdivision final approval) will follow once the variance findings are memorialized and the conditioned items are submitted.

Quotes

"The purchase and sale contract for the property to sell to the Block Island Land Trust does call for the reservation of those access easement," attorney Jory Andrews said, noting the easement language will be added to the plan.

"If you look at Peter's report, he has made some recommendations regarding those findings on the variance standards," planning staff (Michelle) said while walking the board through the required fact findings.

Supporting documents and legal references

The board referenced the consultant report (Peter's report) and the variance and subdivision standards under Rhode Island law (R.I. Gen. Laws § 45‑23‑60 and § 45‑23‑61). The variance was described as relief from section 306(c) of the town zoning ordinance (frontage requirement).

Ending

The board directed staff to prepare the written motion and findings for the July meeting; the applicant will submit the required deed restriction/easement language and final plan materials so that final administrative review can follow if the variance is formally adopted.