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Middletown zoning board approves special‑use permit and variances to convert former liquor store at 43 Aquidneck Ave into two‑family dwelling, 4‑1

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Summary

The Town of Middletown Zoning Board approved a special‑use permit and dimensional variances for Meeting Place LLC to convert the former Beach Liquors site at 43 Aquidneck Avenue into a two‑family dwelling, with a 4‑1 vote and a condition to resolve an encroachment discrepancy noted in the survey.

The Town of Middletown Zoning Board voted 4‑1 to grant Meeting Place LLC a special‑use permit and several variances to convert the property at 43 Aquidneck Avenue (Tax Assessor's Plat 116 NW Lot 29) from commercial use to a two‑family dwelling.

Board members applied the zoning ordinance criteria discussed in a staff and consultant report and said the proposed conversion meets the standards for a special‑use permit and the requested dimensional relief. "I believe you meet the test for the special use permit," Mr. Godfrey, a land‑use consultant who reviewed the application and the town comprehensive plan, told the board during the hearing.

The petitioner agreed to maintain six off‑street parking spaces shown in the plan. The board also placed a condition on the approval requiring the applicant to resolve a discrepancy in the survey and make adjustments if an encroachment is confirmed. The motion passed 4‑1; one member said she could not support the application because of a 0‑foot front setback on the proposed three‑story structure and concerns about pedestrian and vehicle sight lines.

Why it matters: The lot is undersized for the R‑10 district (the applicant noted the parcel is about 6,127 square feet where 15,000 is typically required), and the site sits at the edge of residential zoning next to a commercial block. Converting a former commercial parcel to residential changes traffic and pedestrian patterns at a busy corner of Briarwood and Aquidneck avenues, neighbors said.

Public comment: Neighbors questioned traffic and pedestrian safety and whether the new units would be used as long‑term workforce housing or seasonal/short‑term rentals. Karen Rourke, who lives on Renfrew Avenue, told the board, "I don't believe a two‑family, three‑story building on this lot will be a benefit to anyone but the person who's purchased it and wants to get a return on their investment." The board said those concerns were considered but that enforcement of rental types and related rules is handled through separate town regulations and enforcement channels.

Board analysis and vote: The board's consultant reviewed the application against the five special‑use criteria in the zoning ordinance and the variance standards and concluded the project is consistent with neighboring multifamily densities and that required parking was met. Several members said the proposed residential use is less intense than the property's prior commercial use (a package/liquor store) and that bringing the use into conformance with the residential district is consistent with the comprehensive plan. One member dissented, citing the 0‑foot setback and safety concerns.

Outcome and conditions: The board approved the special‑use permit and the requested dimensional variances subject to resolving any confirmed encroachment found in a final survey. The tally was 4 yes, 1 no. The board noted enforcement of occupancy, parking, and short‑term rental rules is handled by separate town procedures.

What’s next: The applicant may submit building permits and final survey documentation to the town building department and public works as required to implement the change of use. The board's approval included a condition to revise plans if a confirmed property encroachment exists.

Ending: The vote concludes this petition; the board moved on to several other variance requests later in the same meeting.