THIS MEETING WAS CONDUCTED VIA ZOOM

 

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

 

1.     6:15 P.M.  CALL TO ORDER

 

Present:   Pres. Duhamel,

                 Councilors Aiello, Cooke, McCuin

                 T. Mgr. Rooney, Co. Clk. Giordano

                 T. Sgt. Falcone

 

In Attendance Remotely:   Vice Pres. Giorno,

                                            Councilors Cioffi, Ahern

                                            Act. T. Sol. Pecchia

 

        Absent:    T. Sol. Conley

 

        Also Present:  Chief of Police Lacey

 

INVOCATION – Councilor Cooke

 

SALUTE TO THE FLAG – Council President Duhamel

 

 

 2.    RECOGNITIONS, AWARDS & MEMORIALS

 

Motion by Mr. McCuin, Seconded by Mr. Aiello, that the following resolutions be adopted:  (Voted Unanimously)

 

a.     Appreciation – Edward Liguori and Walter Kimball, Membership On The Veterans Honor Roll Memorial Committee

 

     No one was present to accept the aforesaid resolution, read aloud by Councilor Aiello.

 

b.     Proclamation – Extra Mile Day, November 1, 2020

 

     No one was present to accept the aforesaid proclamation, read aloud by Councilor Cooke.

 

RATIFY AND CONFIRM:

 

Motion by Mr. McCuin, Seconded by Mr. Aiello, to ratify and confirm the following resolution:  (Voted Unanimously)

 

c.     Congratulations – Dora Vasquez, RI Department of Veterans Affairs Female Veteran of the Year

 

 

3.     PRESENTATIONS

 

a.     COVID-19 Update

 

        Report from J. Mark Rooney, Town Manager

 

     Town Manager Rooney reported on the Governor's directive for Halloween, noting the recommendation that "Trick or Treating" take place during the daylight hours; that Halloween parties are discouraged; that there should be no groups greater than fifteen; that no masks should be worn over face coverings; and that candy should be placed in individually wrapped bags and placed outside.  He stated that he will place the information regarding Halloween on the Town's website.  He further reported that the Governor has directed that lunch and break rooms be closed for the next ninety days.  He announced that he will try to have the Town Hall open for early in-person voting on Saturday, October 31^st from 10:00 a.m. to 2:00 p.m..  He noted that if anyone travels to one of the twenty-five red states, which are listed on the Open RI website, they may have to quarantine for fourteen days upon their return, unless they are tested seventy-two hours prior to their arrival or upon arrival.  He encouraged everyone to visit the Department of Health website to see the multitude of changes and, if assistance is needed by anyone, the United Way is operating a hotline in conjunction with the Health Department.  He asked for the public's cooperation with wearing face masks and social distancing.

 

        Report from Shawn Lacey, Chief of Police

 

     Chief Lacey reported that number of cases in Rhode Island is increasing; that the positivity rate is now at 1.6%; that there are 106 hospitalizations; and that Rhode Island is now on the list of thirty-five red states with a no-travel advisory.  He stated that Rhode Island is not allowing people coming into the state from a red state to get a rapid test; they must get the regular test with the seventy-two-hour results and quarantine for fourteen days.  He touched on the recommendations for Halloween and noted the changes with regards to break rooms, stating that those without windows and unable to allow for six-foot social distancing must be closed for the next ninety days.  He advised everyone to be aware of scams related to contact tracing with the type of questions being asked, and that if the call seem suspicious, not to answer any questions.  He further reported that there are no changes for indoor dining with eight-foot social distancing for tables and six-foot social distancing and plexiglass at the bar and no changes for gyms with fourteen-foot social distancing.  He noted that restrictions will start to tighten as the weather get colder in anticipation of people going back indoors.  He further noted that there are 102 COVID cases in Westerly and no hospitalizations.

 

                  Report from Lisa Konicki, President, Ocean Community Chamber of Commerce

 

     Ms. Konicki reported that the Downtown Business Association has announced that there will be no Halloween parade or stroll event this year; that there is additional funding through the CARES Act for businesses to apply for the Restore RI grant; that businesses that have previously applied and been denied and businesses that have received money can re-apply; and that there are new categories of businesses that can apply and encouraged businesses to visit commerceri.gov for eligibility.  She further reported that the  Lt. Governor participated in last Sunday's Funday, supported the downtown businesses, and pledged his support  for pursuing additional funds for small businesses; that this coming Sunday is the grand finale; and that the businesses are grateful for the support of the community.  She noted that the Chamber has donated over 130 heat lamps to restaurants and other businesses, including retailers; that 117 businesses have taken advantage of free supplies; and that there are enough supplies left for twenty-five to thirty more businesses.  She reported that there will be no holiday stroll this year, but that the Chamber is working with the Downtown Business Association on some creative alternatives.

 

Suspend Town Council Rules Of Procedure – Rule 3, Order of Business and Agenda, To Move To Item #6, Continued Public Hearing, At This Time.

 

Motion by Mr. Aiello, Seconded by Mr. McCuin, to suspend Rule 3 as aforesaid.  (Voted Unanimously)

 

 

 4.    CITIZENS COMMENTS

 

     Sign-Up Sheets will be available at the Council Meeting for any citizens wishing to be heard.  Citizens who do not sign up to speak will have an opportunity to be heard following the individuals listed on the sign-up sheet.

 

     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. 

 

     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

 

a.     Benjamin Weber, 3 Blossom Ct – re: Questions submitted last week; questioned if anyone has answers; presented map of easement; noted questions; would like copy of letter to Council from CRMC; Spring Avenue right-of-way; requested that Council put Spring Avenue on next week's agenda to send to CRMC

 

Motion by Mr. Aiello, Seconded by Mr. Cooke, to waive the 10:00 p.m. curfew and continue the meeting to 10:30 p.m.  (Voted Unanimously)

 

b.     Maxson Hence, 6 Haversham Rd - re: Tower Street School; Planning Board recommendation to preserve portion of land; no hearing or opportunity for discussion; many people in Town want to see center continue

 

c.     Anthony Palazzolo, Esq., 285 Pendleton Hill Rd, North Stonington, CT - re: requested that an agenda item be added to next week's meeting to refer Spring Road to CRMC; Soloveitzik opinion

 

d.     Shanna Mink, 35 George St - re: Tower Street School Community Center; signed petition; benefitted from programs there; requested that Ayers proposal be considered

 

e.     Kate Tokarski, 24 Beachwood Hollow, B - re: Tower Street School Community Center; has served Westerly community for ten years; has had an amazing impact on families; clear opportunity to address mental health

 

f.     Hatsy Moore, 32 Yosemite Valley Rd - re: Zoning Ordinance; questioned whether amendments to ordinance presented during public require re- advertising for hearing this evening; questioned why Charter was ignored regarding amendment of zoning ordinance; no committee appointed for zoning amendment; questioned why Planner assumed authority to amend the zoning ordinance; ordinance not what people wanted; why was 2018 committee's Comprehensive Plan replaced with the current plan; have not allowed people to be involved in zoning amendment

 

COUNCILORS’ RESPONSE

 

     Council President Duhamel addressed Mr. Weber's comments regarding rights-of-way and stated that the Council intends to refer them to CRMC.   He addressed the Ayers Foundation proposal regarding the Tower Street School and stated that there was no consensus by the Council to accept said proposal and noted that the Council has been very clear about seeking proposals.  He addressed Ms. Moore's concern regarding advertising of zoning amendments and noted Town Solicitor Conley's memoranda regarding proper procedure for the submittal of zoning ordinances and asked that the memoranda be included in the Town Solicitor's Report.

 

     Town Manager Rooney stated that he will ask CRMC to review the Spring Avenue and any other contentious right-of-way; that the pie-shaped easement at the breachway is a construction and maintenance easement only; and that DEM and CRMC will create a trail at the breachway at the Town's prodding and will also look at creating rights-of-way to the pond.  He further stated that CRMC is looking at rights-of-way this week and he will report to the Council whether CRMC will have a process to take Spring Avenue for review.  He noted that he is seeking permits from CRMC to erect signs on the rights-of-way.  In response to Ms. Moore's concerns, Mr. Rooney stated that he will work with the Planner and Solicitor Conley to respond to Ms. Moore.

 

 

 5.    CONSENT CALENDAR

 

        a.     Approval of Minutes

 

Regular – 9/28/20

 

        b.     Fiscal Matters

 

1.     Resolution Authorizing Payment To The Law Office Of Oliverio & Marcaccio, LLP (Litigation Matters - $4,190.00)

 

        c.     Appointments and Resignations

 

               1.     Resignation:

                       a.     Paul A. Azzinaro, Economic Development Commission

 

        No action was taken on Item 5, Consent Calendar.

 

 

6.     CONTINUED PUBLIC HEARING

 

a.     Proposed Ordinance – “An Ordinance In Amendment Of Chapter 1439 Of the General Ordinances Of The Town Of Westerly Entitled ‘Re-Enact And Re-Adopt Chapter 1242 Entitled “The Westerly, Rhode Island, Zoning Ordinance Of 1998, As Amended’” (Zoning Ordinance Revision Update)

        (Public Hearing continued from 8/31/20)

 

Recommendation from Planning Board filed 7/9/2020

 

Memorandum from Lisa Pellegrini, Director of Development Services – re: Proposed Amendments to Zoning Ordinance Revision Package

 

Town Council may consider referring § 260-73. Golf Courses and § 260-87.8. Solar Energy Systems to the Planning Board for further review

 

Petition filed 10/14/2020 from 375 Concerned Citizens over Proposed Changes to the Zoning Ordinance, specifically the Proposed Amendments to §260-73 – Golf Courses.

 

Present:   Lisa Pellegrini, Director of Development Services

                 Nancy Letendre, Town Planner

                 Nathan Reichert, Zoning Official

                 Todd Romano, Asst. Sol. for Zoning

 

Motion by Mr. McCuin, Seconded by Ms. Cioffi, that §260-73 of the zoning ordinance amendment relating to golf courses be referred back to the Planning Board for review, study and recommendation to the Council.  (So Voted 6 to 0 – Councilor Cooke recused due to residing on the golf course)

 

     Council President Duhamel noted changes to Section 260-87.8 regarding solar energy systems with a recommendation for a requirement that clearing be limited to no more than thirty percent of the sum of the total area of the solar panels, their buffer area and fencing in all zoning districts, except General Industrial and Light Industrial, and limited to fifty percent of the sum of the total area of the solar panels, their buffer area and fencing in the General Industrial and Light Industrial zoning districts.

 

     Participants:  William A. Nardone, Esq., 42 Granite St, on behalf of Centrica Business Solutions – re: suggested removal of the word "meadows" from clearing and deforestation; already cleared; reasonable compromise would be 30% of total lot area in residential zones and 50% of total lot area in industrial zones as originally proposed; stricter standard would be much more limiting and would prohibit or limit many potential solar projects; requested that original proposal be considered; Colleen DeBenedetto, Centrica Business Solutions – re: requested that the Council consider allowing solar as a secondary principal use in the GI and LI zoning districts; Maxon Hence, 6 Haversham Rd – re: restrictions for General Commercial and Light Commercial; wetlands; brown sites; promote putting solar systems on existing infrastructure such as large flat roofs; pre-empts need for restrictions; need to look at the role of trees

 

     Asst. Solicitor Romano explained Exhibit F, §260-87.8 Solar Energy Systems, Development standards for ground mounted solar energy system, which limited clearing to 30% of the sum of the total area of solar panels,  their buffer area and fencing in all zoning districts and Exhibit I, which increased the limit to 50% in General Industrial and Light Industrial zones.

 

Motion by Ms. Ahern, Seconded by Mr. Aiello, that Exhibit F be withdrawn.  (Voted Unanimously)  

 

Motion by Mr. Cooke, Seconded by Mr. Aiello, that Exhibit I be accepted with the removal of the word “meadow.”  (Voted Unanimously)

 

     Asst. Solicitor Romano explained Exhibit H, §260-87.8 Solar Energy System - C. Permitted Uses, which would permit a solar energy system as a second primary use on a parcel located in a commercial or industrial zoning district.

 

     Discussion was held regarding concerns with solar energy systems as a second primary use in commercial zones.

 

Motion by Ms. Ahern, Seconded by Ms. Giorno, that Exhibit H be approved with the removal of the word "commercial". 

 

     Participants:  Thomas Liguori, Jr., Esq., 85  Beach St., representing Sunderland Properties – re: planned to put ground solar panels in General Industrial zone; ordinance as drafted responds to real life situation; asked that Council pass motion by Ms. Ahern with suggested amendment; William A. Nardone, Esq., 42 Granite St – re: encouraged Council to pass ordinance with removal of word "commercial"

 

Motion by Mr. Aiello, Seconded by Ms. Ahern, that the motion be amended to modify Industrial Zones to General Industrial Zones.  (Voted Unanimously)

 

A vote was taken on the original motion as amended.  (Voted Unanimously)

 

     Asst. Solicitor Romano explained Exhibit J, §60-87.6 Development Standards for Shore Commercial - Watch Hill (SC-WH), stating that footnote 6, which granted the Planning Board authority to grant height variances, which authority is solely vested with the Zoning Board, was eliminated from the dimensional regulations table and replaced with the addition of Subsection 17 to the Watch Hill Shore Commercial Development Standards, which allows for a maximum building height of 25 feet, permits enclosed stairways and elevators for providing handicap access to rooftop decks over residential units no higher than necessary to achieve such access, and requires review and favorable recommendations by the Rhode Island Historical Preservation Commission. 

 

     Participants:  Thomas J. Liguori, Jr., Esq., 85 Beach St, representing WH Properties – re: height variances; came up with language that reflected agreement with property owners (no higher than necessary); believes amendment is consistent with Comprehensive Plan; felt it important that, at the conclusion of the adoption of the ordinance and the passage of the Comprehensive Plan, the Council convene a zoning ordinance review committee to ensure that ordinance conforms to Comprehensive Plan; explained reasons for including RI Historic Preservation and Heritage Commission in Subsection 17; Jerry Petros, Esq., Hinckley/Allen, representing Watch Hill Conservancy and Watch Hill Fire District – re: supports amendment; historic preservation commission critical; without it, applicants would evade review; provided reasons for including RI Historic Preservation and Heritage Commission in ordinance; Paula Ruisi, 3 Shepherds Run – re: does not agree with what is being said regarding going to the State; Westerly does not have an historic commission and needs one; William Nardone, Esq., 42 Granite St, represents purchaser of property – re: in favor of amendment as drafted; is a stricter standard than what currently exists

 

     Discussion ensued regarding historic preservation.  It was noted that staff does not support including the Rhode Island Historic Preservation and Heritage Commission in the ordinance.  It was suggested that this item be sent back to Planning Board for review.

 

     Town Manager Rooney stated that the objection of staff to the inclusion of the Rhode Island Historic Preservation and Heritage Commission is withdrawn.

 

Motion by Mr. Cooke, Seconded by Mr. Aiello, to table this matter to the October 26, 2020 Regular Meeting.  (So Voted 6 to 1 – Councilor Cioffi dissented)

 

     Asst. Solicitor Romano addressed Exhibit E, §260-86 Signs.  He stated that the zoning amendment has a new sign ordinance; that Exhibit E reflects some changes suggested by Councilor Ahern; clarifies some language; and that staff has no objection to and supports the clarifications.

 

     Council President Duhamel read into the record the amendments recommended by Councilor Ahern.

 

     Discussion was held regarding marquee signs and a concern that the hours when such signs shall not be operational are included in the ordinance, and a suggestion that the hours of 2:00 a.m. and 5:00 a.m. be replaced with "shall operate when the building is occupied".

 

     No one appeared in favor or in opposition

 

      It was the consensus of the Council to leave section 6(e) of the sign ordinance regarding marquee signs as is.     

 

Motion by Mr. Aiello, Seconded by Mr. Cooke, to approve the sign ordinance with amendments recommended by Councilor Ahern.  (Voted Unanimously)

 

     Asst. Solicitor Romano explained Exhibit D, §260-32 Nonconformance, Subsection C(4) Vertical addition, which allows vertical expansion of a nonconforming structure.  The amendment removes the 25% limitation and replaces it with "any limitations in §260-30".

 

     No one appeared in favor or in opposition.

 

Motion by Ms. Ahern, Seconded by Mr. McCuin, to approve §260-32 along with Exhibit D.  (Voted Unanimously)

 

     Discussion was held regarding Exhibit C, §260-30 Modifications, which allows for a four-foot height modification.  Councilor McCuin clarified that he was not seeking to allow modifications to be allowed in all zones, especially in the shore area.  Zoning Official Reichert explained the original amendment to §260-30, stating that staff is asking for parking and clarity.

 

     Exhibit C was withdrawn.

 

     Participant:  Jerry Petros, Esq., representing Watch Hill Conservancy and Watch Hill Fire District – re: referenced RIGL 45-24-54 and 45-24-58; requirements for submission of information cannot be waived by zoning official and should not be permitted; Conservancy and Fire District do not agree that waivers of applications should be consigned to zoning official

 

Motion by Ms. Ahern, Seconded by Mr. Aiello, that §260-30 Modifications be approved.  (Voted Unanimously)

 

     Asst. Solicitor Roman explained Exhibit B, Minimum Dimensional Regulations, stating that the maximum height of a principal building in the HDR 10 Flood Zone in Misquamicut is being increased from 25 feet to 28 feet.

 

Motion by Mr. Cooke, Seconded by Mr. McCuin, only approve amending the maximum height in HDR 10 from 25 feet to 28 feet.  (Voted Unanimously)

 

     Council President Duhamel addressed Exhibit A, Design Professional, which amends §260-28, §260-30, §260-32, §260-33, §260-34, and 260-52 by defining a land use design professional t include "architect". 

 

     No one appeared in favor or in opposition.

 

Motion by Mr. Mr. McCuin, Seconded by Mr. Cooke, that Exhibit A be approved.  (Voted Unanimously)

 

     Councilor Aiello requested that Exhibit H, §260-87.8 Solar energy systems, Subsections F and H, be amended to include the historic village of Bradford.

 

Motion by Mr. Aiello, Seconded by Ms. Giorno, that Subsections F and H of Exhibit H be amended by adding the historic village of Bradford.  (Voted Unanimously)

 

     Asst. Solicitor Romano explained Exhibit G, §260-20 Standard dimensional regulations, which changes the definition of building height to bring it into conformity with the State statute. 

 

     Participants:  Jerry Petros, Esq., Hinkley/Allen, representing Watch Hill Conservancy and Watch Hill Fire District – re: concerned with impact of amendment on shore commercial area; concerned with elevations on Bay Street historic district due to rising sea levels; will have retail start at 13 feet above ground level; looked at rehabilitation guidelines for historic structures from the National Park Service; recommends Town adopt the national guidelines; Paul Azzinaro, 62 Elm St – re: concerned with definition of building height; 260-20 defining building height in flood-prone areas; asked Council to consider amendments; Steven Hayes, 2 Larkin Rd – re: if this is passed without other considerations, it will be the end of retail on Bay Street

 

Motion by Mr. McCuin, Seconded by Mr. Aiello, that §260-20 as originally proposed and amended by Exhibit G be approved.  (Voted Unanimously)

 

Motion by Mr. Cooke, Seconded by Mr. Aiello, that the public hearing be continued to October 26, 2020.  (Voted Unanimously)

 

Motion by Mr. Cooke, Seconded by Ms. Ahern, to revert back to Item 4 – Citizens’ Comments at this time.  (Voted Unanimously)

 

           

 7.    NEW BUSINESS

 

a.     Resolution Authorizing The Town Manager To Sign The Memorandum Of Understanding Between The Town Of North Stonington, Connecticut And The Town Of Westerly, Rhode Island, Regarding A Maintenance Plan, Future Inspection, Reviews And Repairs Of the Boombridge Bridge

 

b.     Proposed Criteria – 2020 Update To The Veterans ‘Rolls Of Honor’ (Plaques) At The Westerly World War Memorial

 

 

 8.    UNFINISHED BUSINESS

 

               None

 

 

 9.    COMMUNICATIONS & REPORTS

 

        a.     Liaison Reports

 

        b.     Town Council – 10/19/20

 

        c.     Town Manager

 

        d.     Town Solicitor

 

        e.     Town Clerk

 

        f.     Agenda Referrals and Backlog Agenda (Items to be assigned to future agendas)

 

        g.     Requests of Town Manager by Councilors

 

     No action was taken on Item 7, New Business, Item 8, Unfinished Business, and Item 9, Communications and Reports.

 

 

10.   ADJOURNMENT

 

        10:35 P.M.  Voted Unanimously to adjourn.

 

   

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