Upon second hearings of two pieces of business carried over from its October meeting, the Warren Zoning Board approved that pair and one other at its latest gathering held Wednesday night, Nov. 20.

The board first gave its unanimous support of a Special Use Permit request initially submitted for consideration last month by Adriano Andrade, owner, and applicant at 3 Monast St. The SUP is to construct a mixed-use building in the Village Business Zoning District.

Andrade was present as was a representative from the engineering firm he hired to assist in the project. Nathan Chofay, with three years in the employee as an engineer-in-training with Principe Company of Tiverton, served as the expert witness for Andrade, answering questions relating to drainage and storm water issues.

Chofay told the board the design meets all Rhode Island Department of Environmental Management guidelines, including capacity to disperse the maximum 8.6 inches of rain over a 24-hour period or a so-called "100-year storm."

Two South Cornell Street abutters expressed concerns about the potential for additional flooding. One of the neighbors said they were worried about the infiltration rate and water table while the other opined "It's going to be pond" at the location essentially throughout the winter.

Chofay said the new driveway planned for the lot will absorb rain and prevent runoff into the street. He also said there would be no impact to any of the abutters, including one at the northeast corner of the property, and that the design maxed out the rain garden to predevelopment conditions.

The applicant and witness also gave assurances construction safeguards will be put in place to keep an existing tree intact, to make sure the root system is not damaged or destroyed.

Board chair Andrew Ellis mentioned before the vote "it is the requirement of the board to make sure what is being proposed will not adversely alter or change current conditions."

In the end, the board gave its approval to the request, noting, however, the plans must also be approved by town building officials and meet all other environmental and construction standards prior to and during its development.

Touiset Road request
As for the second item carried over from the previous meeting, the board again gave its full backing of an SUP request submitted by Thomas R Gordon, owner, and applicant at 98 Touisset Rd. The request was to unmerge the existing 70,589 square-foot lot to create two lots of record in the R-40 Zoning District.

Gordon, who is seeking to build another single family unit at the site, returned to the board with a more detailed explanation of how his proposal met the four standards of the SUP as well as for what is planned for the location. He said the change would actually make the location more compatible as per the other lot sizes in the neighborhood.

Gordon noted, per current state law, an accessory dwelling unit of considerable size, possibly two stories, could be built. By dividing the property, such a structure could not be built, that it would not meet the town's size and dimensional requirements for lots he proposed.

He continued, by splitting the property, in fact, it would allow for another residence to be built and also go towards meeting the town's stated goal of increasing opportunities for first-time or starter housing in its revised comprehensive plan as of 2003. He also claimed tax revenue for the town if unmerged and again increase housing stock.

In addition, Gordon said his family's intention for the unmerging was to create the option of either selling the lot in the future to his children so that they could build a home as first-time buyers or for he and his wife to "age in place" by building a smaller structure and sell the existing house within his family.

Following a brief discussion, the board voted 5-0 to approve the request.

Ellis said before the vote, "Thank you for taking the time to prepare the additional materials and to clearly present what your goals are with regard to this unmerging. I think that was the main sticking point last time. It was an unmerger in theory, but there wasn't a clear outcome that you were looking in terms of why this needed to be u"nmerged.

Brownell Street rebuild
The only piece of new business on the November 20 docket also received the full support of the board. The 4 Brownell Street Realty Trust, owner, and John J. Marshall Trustee, applicant, were seeking a dimensional variance to construct a single family home at 4 Brownell St. with less than the required lot width, front yard, rear yard, side yard setbacks and greater than the allowed lot coverage in the R-40, Residential Village Overlay Zoning District.

Bruce Cox, an attorney from the East Providence-based firm Slepkow, Slepkow & Associates, represented the applicant. He told the board a member of the Marshall family also owns the adjoining lot and fully on board with the request. He said the neighbor to the west, as well, has been contacted and expressed no objections. Chair Ellis noted the board, as well, had not received any correspondence opposing the project.

He also said there was some question about whether or not his client was legally required to appear before the board. However, his client did so out of an abundance of caution and to create of record for the project.

Cox explained basically what his client is seeking to construct is a duplicate of both the residence and garage as is currently on the lot with a couple of minor changes. He continued, both structures, located on Touiset Point, took severe damage during winter storms in 2022, where the wind impact was the greatest. The house dates back to 1930 and was built as a "large summer cottage."

Cox added the house, the same two-story configuration, will be slightly taller than the one it replaces, though still within the current height restrictions and that the existing foundation, though maintained, will be deepened a bit to accommodate modern utilities. None of the setbacks are changing, nor are the impervious or pervious surface areas.

Just prior to the vote, Ellis said, "I'll note the plan presented is very reasonable and respectful given that it's not worsening any of the conditions that exist on the property. It's basically maintaining the status quo."

The five members present at the time of vote all were in approval. Michael Alves, the body's first alternate, sat in as a voting member after regular member Charles Thibaudeau stepped away from the meeting prior to its conclusion.