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COMMITTEE OF THE WHOLE

WESTERLY TOWN COUNCIL

COUNCIL CHAMBERS

 

 

 

MONDAY

JUNE 1, 2020

6:00 P.M.

 

 

 

 

THIS MEETING WAS CONDUCTED VIA ZOOM

 

The public was able to view and participate in this meeting remotely.

 

 

 1.    7:04 P.M.  CALL TO ORDER Video

 

Present:   Pres. Duhamel

                 T. Mgr. Rooney

 

In Attendance Remotely:   Vice Pres. Giorno

                                            Councilors Cioffi, Aiello, Cooke, Ahern, McCuin

                                            T. Sol. Conley

 

Absent:    Co. Clk. Giordano

                 T. Sgt. Falcone

                 Cameron Moore, Town Council Student Representative

 

        INVOCATION – Councilor McCuin Video

 

        SALUTE TO THE FLAG – Council President Duhamel Video

 

 

 2.    CITIZENS COMMENTS Video

 

     Any citizen wishing to be heard can access the meeting using the Zoom app or via phone.  Please note:

 

If accessing the meeting via phone, Press *9, to be recognized or

if using the Zoom app, press the “raise hand” button to be recognized

 

     When addressing the Council, please state your name and address; please conduct yourself in an orderly and respectful fashion.  The comments of citizens accessing this portion of our meeting are neither adopted nor endorsed by this body, but heard as requested.  If the matter is scheduled for a public hearing, the comments shall be deferred to that agenda item. 

 

        None

 

COUNCILORS’ RESPONSE

 

        None

 

 

 3.    PY2019 Community Development Block Grant (CDBG) Application – Discussion and Possible Action to Move to the Special Meeting that follows to be Ordered Advertised for Public Hearing) Video

 

Present:   Lisa Pellegrini, Director of Development Services

 

Participating Remotely:  Ben Delaney, Planning Associate

 

     Mr. Delaney addressed the documents provided to the Council, which include an overview of the proposed activities for the Program Year 2019 application to be submitted to the State, and the required advertisement for the public hearing.  He explained that this is an annual application that seeks funding for a public service and public facility activities.  He explained that the Town Council CDBG subcommittee chose six activities totaling approximately $664,000.

 

Motion by Ms. Ahern, Seconded by Mr. McCuin, that the aforesaid PY2019 Community Development Block Grant (CDBG) Application be moved to the Special Meeting that follows to be ordered advertised for public hearing.  (Voted Unanimously)

 

 4.    Request For Approval Of And Signatures On Easement Agreements – re: Winnapaug Pond Dredging Project – Discussion and Possible Action to Move to the Special Meeting that follows for Consideration of the Following Resolutions: Video

a.     Resolution Authorizing The Town Manager To Sign Access & Easement Agreements Associated With The US Army Corps Of Engineers (ACOE) Aquatic Ecosystem Restoration Project For Winnapaug Pond Between The Town Of Westerly And The Rhode Island Department Of Environmental Management (RIDEM)/State Of Rhode Island (AP 166, Lots 008 and 009 and AP 156, Lots 051 and 052)

b.     Resolution Authorizing The Town Manager To Sign Access & Easement Agreements Associated With The US Army Corps Of Engineers (ACOE) Aquatic Ecosystem Restoration Project For Winnapaug Pond Between The Town Of Westerly And Stephen Crandall (AP 156, Lot 50)

c.     Resolution Authorizing The Town Manager To Sign Access & Easement Agreements Associated With The US Army Corps Of Engineers (ACOE) Aquatic Ecosystem Restoration Project For Winnapaug Pond Between The Town Of Westerly And Sally Jean Sorenson (AP 166, Lot 19)

d.     Resolution Authorizing The Town Manager To Sign Access & Easement Agreements Associated With The US Army Corps Of Engineers (ACOE) Aquatic Ecosystem Restoration Project For Winnapaug Pond Between The Town Of Westerly And The Weekapaug Fire District (AP 156, Lot 53)

 

Present:   Lisa Pellegrini, Director of Development Services

 

     Town Solicitor Conley explained that, initially, Coastal Resources Management Council (CRMC) took the position that they would not be the grantee for the construction easements for the Winnapaug Pond Dredging project, but, after discussion with the Army Corps of Engineers and the Town, they agreed to be the grantee.  He noted that this decision was made after the agenda was prepared and posted.  He stated that consequently there is no need for any action by the Council on the aforesaid resolutions.

 

Motion by Mr. McCuin, Seconded by Ms. Cioffi, that the aforesaid resolutions be removed from the agenda.  (Voted Unanimously)

 

 5.    Zoning Ordinance Amendments – Discussion and Possible Action to Move to the Next Regular Meeting to be Ordered Advertised for Public Hearing Video

Amend Sections:

§260-9. Terms defined (definitions added and amended)

§260-17. Permitted uses (changes to be consistent with state law regarding permitting)

§260-18. Standard Zoning District Use Table

§260-19. Minimum dimensional requirements

§260-20. Standard dimensional regulations (with regard to building height)

§260-26. Enforcement (clarifications)

§260-30. Modifications

§260-32. Nonconformance

§260-33. Variances (removing Planning Board Advisory) and (to allow for e-Permitting in Zoning Department)

§260-34. Special Use Permits (removing Planning Board Advisory) and (to allow for e-Permitting in Zoning Department)

§260-45. Development Plan Review (repeal and replace this section)

§260-45.1 (regarding Land Development Projects)

§260-58. Granite Street Overlay District (process changes)

§260-59. Wells Street Overlay District (process changes)

§260-60. Residential Buildings (removed – redundant with other codes)

§260-66. Accessory structures

§260-67. Swimming Pools

§260-72. Golf driving ranges (removed – in Use Table)

§260-73. Golf courses (redefined as major land development to accommodate mixed-use)

§260-75. Boatyards/marinas (redefined as land development to accommodate mixed-use)

§260-77. Off-street parking regulations (changes made to residential, office and for DC1, DC2 and NB requirements; parking relief; parking lot standards)

§260-82. Motor vehicle junkyard (revisions regarding special use permits)

§260-83. Drive-in uses (revisions regarding special use permits)

§260-84. Hazardous waste management facility siting (revisions regarding special use permit)

§260-86. Signs (repeal and replace this section)

§260-87.3. Retaining walls (review by Building Department rather than Planning Board)

§260-87.6. Development standards for Shore Commercial – Watch Hill (SC-0WH) (ADA access)

§260-87.8. Solar energy systems (clarification, roof-mounted solar does not need Development Plan Review)

§260-90. Landscaping requirements (removed)

 

Present:   Lisa Pellegrini, Director of Development Services

                 Nancy Letendre, Esq., Town Planner

                 Nathan Reichert, Zoning Official

 

     Town Solicitor Conley explained that tonight’s action of discussion and ordering advertised for public hearing is a ministerial step in the process; however, the aforesaid proposed amendments must be referred to the Planning Board for review and recommendation.  He stated that the Council cannot take action on this matter without the proposed changes being vetted through the Planning process and without an advisory recommendation to the Council.  He requested that the first step be for the Council to refer the matter to the Planning Board to be vetted through its process, after which it will come back to a hearing before the Council.

 

Motion by Mr. Aiello, Seconded by Ms. Ahern, that the aforesaid proposed amendments to the Zoning Ordinance be referred to the Planning Board for review and recommendation to the Council.  (Voted Unanimously)

 

 6.    Proposed Ordinance – “An Ordinance In Amendment Of Chapter 76 Of The Westerly Code Of Ordinances Entitled “Animals’” (Add Article V – Pet Day Care Facility) – Discussion and Possible Action to Move to the Special Meeting that follows to be Ordered Advertised for Public Hearing) Video

 

Present:   Lisa Pellegrini, Director of Development Services

 

     Discussion was held regarding changing the word “shall” to “may” in §76-34(A) with regards to the requirement for advertising a notice of public hearing at least one time in a local newspaper, a suggestion that notice be given at least three times on social media or posted on the Town’s website due to the cost of advertising that would be borne by the applicant, and an alternative suggestion that notice be provided by both advertising in the local newspaper and on social media pending a transition to social media.

 

     Town Solicitor Conley stated that he will have a response regarding the notice issue and any options available for the public hearing.  

 

     Responding to Councilor Aiello’s pre-submitted questions, Ms. Pellegrini stated that Pet Day Care facility will be defined in §260-79.1; that language in §76-36(C) regarding enforcement which reads “All members of the Police Department” could be changed to “All sworn officers of the Police Department”; that, regarding enforcement, RI General Law relating to “Animals” gives enforcement powers to the Animal Control Officer; and that fencing requirements will be referenced §260-79.1.

 

Motion by Ms. Ahern, Seconded by Mr. Aiello, that the aforesaid proposed ordinance be moved to the Special Meeting that follows to be ordered advertised for public hearing.  (Voted Unanimously)

 

 7.    Proposed Ordinance – “An Ordinance In Amendment Of Chapter 121 Of The Westerly Code Of Ordinances Entitled ‘Fee Schedule’” (Add Pet day care facility - $50.00 annual fee) – Discussion and Possible Action to Move to the Special Meeting that follows to be Ordered Advertised for Public Hearing) Video

 

Present:   Lisa Pellegrini, Director of Development Services

 

Motion by Mr. Cooke, Seconded by Mr. McCuin, that the aforesaid proposed ordinance be moved to the Special Meeting that follows to be ordered advertised for public hearing.  (Voted Unanimously)

 

 

 8.    ADJOURNMENT Video

 

        7:36 P.M.  Voted Unanimously to adjourn.

 

ATTEST:

 


Donna L. Giordano, MMC

Council Clerk

 

     Details of the aforesaid proceedings are available on video on the Town of Westerly website.

 

 

 

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