Charlestown board approves dimensional variance for 25 Powajet Avenue, 4–1

The Town of Charlestown Zoning Board of Review voted 4–1 on Nov. 19 to grant a dimensional variance for 25 Powajet Avenue (file 1647), allowing a replacement two‑story house to sit 11.3 feet from the sideline where 20 feet is normally required.

Co‑owners Daniel M. Goldberg and Christine L. White, represented by agent Kelly Pacasa, sought the variance to replace the property’s single‑story house and retain an existing garage. "We would like to prepare the property so that we can move to it permanently," Christine L. White told the board during testimony, describing plans to make the structure more weather‑resilient and neighborhood‑compatible.

Architect Jacob Goldberg, presented as the project designer, testified the lot is in a FEMA flood zone and that the existing house has undersized framing and low ceilings that limit feasible rehabilitation. He said the proposed design eliminates the basement, raises the finished floor elevation (stated as 15.7), relocates two wells to the northwest corner, and anticipates a new on‑lot wastewater system (OWTS). "We're just trying to upgrade it, generally," Goldberg said, explaining the approach to bring the property to current resiliency and code standards.

Board counsel reviewed the relevant variance standard under the recently referenced statute (45‑24‑41), stressing that claimed hardship must be objective and not rest solely on an applicant’s personal preferences: "the hardship can't be based solely on your personal preferences," counsel said.

Board members’ deliberations balanced neighborhood character, site constraints and the new legal standard. Several members said the proposal moves the house closer to being conforming and improves structural resiliency and code compliance. One member, Mr. Rice, expressed skepticism that the lot could not accommodate a conforming layout, arguing "there is ample opportunity to design a structure that is in conformance." The majority concluded the unique lot configuration, the retained garage orientation, flood‑zone requirements and OWTS setbacks together supported a finding of hardship.

Mr. Pangborn moved to approve application 1647, citing the lot’s preexisting nonconforming status and the demonstrable site constraints; a second was recorded in the meeting transcript but not named. Roll call produced four yes votes (Abbott, Pangborn, Reddick, Andrew) and one no vote (Rice), and the board approved the requested dimensional variance.

Board members and staff noted that any building permit remains contingent on required approvals, including final OWTS design and any state or agency signoffs. A member observed that a building permit would not be issued without the improved septic system in place or approved by the applicable authorities.

After the vote the board moved into executive session under Rhode Island G.L. 42‑46‑4 and 5(a)(2) for pending litigation (Margaret M. Howard v. members of the Zoning Board and others), later returned, voted 5–0 to seal the executive session minutes and adjourned the meeting at about 9:00 p.m.

What happens next: the applicants will need final OWTS (septic) approval and any other required permits before construction can proceed; the variance itself authorizes the dimensional relief but does not waive other agency approvals.