1.     5:33 P.M.  CALL TO ORDER

 

Present:   Pres. Morrone, Vice Pres. Lowther

                 Councilors Aiello, Cordio, LaPietra, Scialabba

                 T. Mgr. Lacey, T. Sol. Conley

                 Co. Clk. LeBlanc, T. Sgt. Falcone

 

        Absent:    Councilor Overton

 

INVOCATION – Councilor Cordio

 

SALUTE TO THE FLAG – Council President Morrone

 

 

 2.    RECOGNITIONS, AWARDS & MEMORIALS

 

        a.     Congratulations – William Terranova, Retirement

 

     Mr. William Terranova was present to accept the aforesaid resolution, read aloud by Council President Morrone.

 

        RATIFY AND CONFIRM:

 

        b.     Proclamation – National Vietnam War Veterans Day – March 29, 2023

 

     Veterans from the Amancio-Falcon-Gaccione VFW Post 8955 were present to accept the aforesaid resolution, read aloud by Councilor Lowther.

 

        c.     Congratulations – Westerly High School Music Hall of Fame

 

     The aforesaid commendations were presented to the recipients at an event held in their honor.

 

 

 3.    PRESENTATIONS

 

a.     FY2023-2024 Budget Submittal – Finance Board Recommendations Submitted Per Town Charter Sec. 3-1-4(c) – Discussion and Possible Action

 

Present:   Board of Finance members:  Steven Lynner, Chair; Paula Brouillette, and Nicholas Carr

 

     Mr. Lynner reported that the proposed FY2023-2024 budget is an increase over FY2023 of 2.21% and that the proposed tax rate is a 0.63% increase over FY 2023.  He stated that the Finance Board is recommending that the Town Charter be amended by establishing a rate associated with an annual allocation for the Town’s Capital Budget.  He explained that, if the Capital Budget requires less than the allocation, the excess funds could be placed in a restricted reserve account and, if the reserve account remains overfunded for a prescribed period, the Town Council could authorize the excess funds be returned to the Operating Budget.  He stated that the Finance Board is also recommending that the Town Charter provide for an opportunity for the School Department, Town Council, Planning Board, and Finance Board to convene a workshop in October to prepare a capital planning budget which will aid in budget preparation.   

 

Motion by Mr. LaPietra, Seconded by Mr. Aiello, that the Finance Board’s FY2023/2024 Recommended Budget be accepted.  (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.  Citizens will have up to ten (10) minutes and one opportunity to speak.  The comments of citizens accessing this portion of our meeting are neither adopted nor endorsed by this body but heard as requested.  Comments shall be limited to agenda items only.  If the matter is scheduled for a public hearing, the comments shall be deferred to that agenda item. 

 

a.     Jean Gagnier, 6 Narragansett Ave – re: Fort Road Right-of-Way; entered documents into the record: Westerly Town Council Minutes Research; Conservation Easement; Property Listing Report on Fort Rd

 

     Councilor Cordio, on a point of order, requested that Town Council President Morrone recuse on any discussions and/or votes involving Fort Road right-of-way.  She stated that the Council was provided with information showing that he was paid $30,000 by the Watch Hill Fire District and the Watch Hill Conservancy, and he is also a property owner in Watch Hill and a member of the Watch Hill Fire District.  She stated that a 2020 ruling by the Rhode Island Ethics Commission regarding former Planning Board member Richard Constantine, who is a member and property owner in the Weekapaug Fire District, found him to be conflicted financially regarding any matters involving Spring Avenue right-of-way.  She suggested that Council President Morrone seek an advisory opinion.

 

     Town Solicitor Conley stated that there is no vote scheduled this evening on Fort Road right-of-way; that the question is whether there is a present financial interest; and that a history of having a financial interest does not create a present financial interest.  He stated that he was of the understanding that there is no remaining financial interest or work on behalf of the Watch Hill Fire District; therefore, there is no objection from the Town Solicitor’s office to Council President Morrone’s participation.  He stated that a provision of the Ethics Code allows an individual to specify that he/she has a current financial interest but still participate because he/she feels that they can be fair or just. 

 

     Council President Morrone stated that he was not employed as a consultant by the Watch Hill Fire District or the Watch Hill Conservancy when he was in office or when he ran for office.

 

b.     Benjamin Weber, 3 Blossom Ct – re: Fort Road Right-of-Way

 

c.     Daniel King, 20 North Capalbo Dr – re: Town designated Rights-of-Way

 

COUNCILORS’ RESPONSE

 

     Councilors responded to Citizens’ Comments regarding Fort Road right-of-way; public access points to the shore; transferring Town-owned property to the Municipal Land Trust, the 2008 Town Council Resolution regarding Fort Road, and Council President Morrone’s participation in matters involving Fort Road. 

 

 

 5.    CONSENT CALENDAR

 

        a.     Approval of Minutes

Regular – 3/6/23, 3/20/23

Executive – 2/27/23 (Sealed)

 

     Councilor Aiello requested that the March 6, 2023 Regular Meeting minutes be moved to New Business for discussion.

 

Motion by Ms. Scialabba, Seconded by Mr. Lowther, that the March 20, 2023 Regular Meeting minutes and the March 20, 2023 Executive Session minutes be accepted and approved as printed and that the Executive Session minutes be sealed.  (Voted Unanimously)

 

 

        b.     Fiscal Matters

 

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

 

1.     22/23-57 Resolution Authorizing The Waiver Of Penalty For Late Payments ($227.05)

 

2.     22/23-58 Resolution Authorizing Payment To The Law Office Of Amy J. Manning (Litigation matters - $2,712.50)

 

3.     22/23-59 Resolution Authorizing The Town Manager To Enter Into A Contract With Woodward & Curran Professional Engineering Services for the Westerly Water Department SCADA System Upgrades ($20,000.00)

 

        c.     Appointments and Resignations

 

1.     Appointments:

a.     Appraiser of Dog Damage

 

     Councilor Lowther nominated Arthur E. Smith, Jr. for re-appointment as Appraiser of Dog Damage.

 

A vote was taken on the nomination of Arthur E. Smith, Jr. of 36 Forest Glen Drive, Hope Valley for re-appointment as Appraiser of Dog Damage, term expiring April 2024, and the nomination carried.  (Voted Unanimously)

 

 

 6.    PUBLIC HEARINGS (Adv. on 3/13, 3/20, 3/27/23 for this time)

 

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’” And The Westerly Zoning Map By Rezoning From HC (Highway Commercial) To GC (General Commercial), Property Located At 16 Post Road (AP 99, Lot 3a) And Belonging To Danteri Limited Partnership and Amend Article XI, §260-77 “Off-street parking regulations” by adding parking requirements for Ministorage

 

               Recommendation from Planning Board filed 2/22/2023

 

Documents submitted by Thomas J. Liguori, Jr., Esq.:

1.   Conservation Restriction submitted March 30, 2023.

2.   Meeting Minutes – Economic Development Commission (EDC) 2/7/2023 submitted March 30, 2023.

3.   Proposed Conditions of Approval submitted March 30, 2023.

 

Correspondence from Daniel G. Barber, Director of Transaction Advisory and Consulting Services with Northeast Property Group, Inc., dated March 29, 2023 – re:  In support of planned storage facility.

 

Correspondence from Christopher D’Ovidio, Esq., on behalf of Robert Celico, owner of Trestle Park Self Storage – re:  Request to Deny Petition to Rezone 16 Post Rd (AP 99 Lot 3A).

 

Correspondence from James Maynard, dated March 30, 2023 – re:  In support of planned storage facility.

 

Present:   Thomas Liguori, Esq., 85 Beach St, representing the applicant

                 Sergio Cherenzia, President, Cherenzia and Associates, Ltd., 99 Mechanic St, Pawcatuck, CT

                 Patrick Lemp, Principal, 16 Post Road LLC

                 Christopher A. D’Ovidio, Esq, 225 Dyer St, Providence, RI, representing Trestle Park, LLC

                 Meredith Fortune, Court Stenographer, Esquire Solutions

 

Motion by Mr. Lowther, Seconded by Mr. Aiello, that the public hearing be opened.  (Voted Unanimously)

 

     Attorney Liguori Tom stated that the property owner and the entity with the right to purchase the property filed the original zoning amendment application with the Town on August 16, 2022 for property located at the former Staples site which has frontage on Post Road and Route 78.  He stated that the application sought to rezone the property from Highway Commercial to General Commercial to accommodate the building of a self-storage facility.  He explained that this same type of request was granted for the expansion of a self-storage facility in the Dunns Corners area.  He noted that ministorage is a permitted use by Special Use Permit in the General Commercial zone but is a prohibited use in the Highway Commercial zone. He explained that, if the zone change request is granted, it will allow the applicant to seek a Special Use Permit before the Zoning Board and then return to the Planning Board for site plan approval.  He stated that, when the application first came before the Town Council on October 17, 2023, Attorney Jennifer Servenka filed a petition on the basis that when one seeks a zoning map amendment on a project that will need Planning Board approval, the process cannot be started by obtaining a Planning Board advisory and then come before the Town Council; that the applicant must first obtain the advisory recommendation from the Planning Board, as well as conditional Planning Board approval, for the first approval stage for the proposed project.  He explained that the first approval stage in this matter was the Master Plan approval process.  He reported that this matter has obtained a favorable Planning Board advisory with respect to the project and Master Plan approval by the Planning Board.  He addressed Attorney D’Ovidio’s appearance before the Economic Development Commission, of which he was not notified, then his subsequence appearance before the Planning Board requesting that the hearing be continued in order for him to go back before the Economic Development Commission.  He read aloud a portion of the February 7, 2023 Economic Development Commission minutes and questions posed by member Lucy Wang regarding ministorage vacancy rates in Westerly and the demand for ministorage. 

 

Motion by Mr. LaPietra, Seconded by Mr. Aiello, that Attorney Liguori be allowed an additional three minutes for his opening statements.  (Voted Unanimously)

 

     Sergio Cherenzia was duly sworn in by the court stenographer to give testimony.

 

     Mr. Cherenzia responded to questions from Attorney Liguori regarding the land survey and proposed site plan, access to the site, parking regulations for ministorage, area of impervious surface, existing stormwater drainage, current zone of property as Highway Commercial and Rural Residential-60, wetlands and wetland buffers, proposed environmental use restriction on property zoned Rural Residential-60, modified application to rezone Highway Commercial to General Commercial with Rural Residential-60 remaining as is, setback lines for General Commercial zone, proposed condition of approval requiring development of site to meet more stringent standards of Highway Commercial, allowable structure height in General Commercial zone, parapets and how they can be strategically placed to shield the mechanics on roof from view, existing two-story height storage facilities, recent approval received by Trestle Park LLC for dimensional variance and three-storage addition to existing self-storage facility on Spucy Drive, and vegetation buffer and highway typography with regards to visibility from Routes One and 78.

 

     Attorney Liguori submitted Planning Board Meeting minutes of November 22, 2022 and the Zoning Board Meeting minutes of December 14, 2022, which are attached hereto and made part of the record of these proceedings.

 

     Patrick Lemp was duly sworn in by the court stenographer to give testimony.

 

     Mr. Lemp responded to questions from Attorney Liguori regarding his educational and professional background, market analyses, the need for additional climate-controlled self-storage units in the Town, formulas using net rental square footage and gross square footage to determine need, special factors that cause the need for storage to exist, and benefits of having additional storage facilities within the Town. 

 

     Councilors addressed business tax credits, increased tax revenue, building setbacks, proposed building footprint, the placement of conditions on the zoning amendment, spot zoning, compliance with the Town’s Comprehensive Plan, and mixed-use development.

 

     The following individuals spoke in favor of the proposed ordinance:  George Masterson, 82 High Street; Andrew Barber, 3 Boylston St; Robert Lombardo, 81 Avondale Rd; Peter McCormick, 222 Post Rd

 

     The following individuals spoke in opposition to the proposed ordinance:  Sean Hughes, 48 Daniels Ave, CT; Kevin Bledsow, 35 Ridgefield Dr., Lancaster, PA, representing Marcus & Millichap; Megan Moynihan, 313 Ram Island Rd, Charlestown, RI – submitted illustrations of the Route 78 façade of building and other facilities in Rhode Island; Christopher Corr, Philadelphia, PA, representing 234-236 Post Road and 74 Airport Road storage facilities; Robert Celico, 8 Iroquois Ave, owner of Trestle Park, 5 Spuchy Dr

 

     Attorney D’Ovidio stated that he and his client attended the Economic Development Commission meeting only to observe but were asked questions by the Commission.  He addressed the Council’s duties to ensure the health, safety and welfare of the general public, storage facility pricing, mixed use, protection of the public’s interest, consistencies/inconsistencies with the Town’s Comprehensive Plan, and legal spot zoning.  He addressed the Council as the decision makers and expressed concerns of bias by two Council members which he felt would disqualify them from voting.  He submitted a letter, dated April 3, 2023, to Town Solicitor Conley regarding Town Council Member Disqualification which is attached hereto and made part of the record of these proceedings. 

 

     Town Solicitor Conley addressed the letter from Christopher A. D’Ovidio, Esq., dated April 3, 2023, regarding Town Council Member Disqualification.  He stated that his office reviewed the cited cases and found the current facts to be inapplicable to their allegations.  He explained that all of the cases cited function in a quasi-judicial capacity and that the Council votes on zone changes in a legislative capacity.  He addressed a controlling case that permits full participation from all Council members.  He stated that he has no objection to participation from any Council member.  He addressed RIGL §45-24-52 regarding consistency of the Town’s Comprehensive Plan and demonstration of recognition of the purposes of zoning.  He also addressed case law with regards to spot zoning. 

 

     Attorney Liguori presented his closing statements.  He addressed the testimony presented by Architect Moynihan.  He stated that the applicant has been before several boards and that no persons have appeared in opposition to the application, but persons have appeared in favor of the application.  He addressed the Offering Memorandum by Marcus & Millichap on Trestle Park Self Storage and new businesses operating in Downtown Westerly over the past ten years.  He stated that the applicant can agree with a height limitation of 35 feet and the ability to have an additional façade or the height can remain at 50 feet, noting that this is a choice of the Council.  He stated that the applicant will give any restriction in the entire Rural Residential-60 area and include the area that might be able to have residences.  He stated that the building will use the same traffic light and long driveway for access.  He further stated that other buildings in the area are longer than the proposed building.

 

     Council President Morrone read into the record the following list of names of individuals who sent letters in opposition to the proposed zoning amendment: Bob and Erin Celico, Nicholas Celico, and Sean Hughes

 

Motion by Mr. LaPietra, Seconded by Ms. Scialabba, that the aforesaid ordinance be adopted. 

 

     Councilor Lowther requested that the Architectural Review Board provide an advisory opinion prior to Council’s consideration.

 

     Mr. LaPietra withdrew his motion.  Ms. Scialabba withdrew her Second.

 

Motion by Mr. Aiello, Seconded by Ms. Cordio, that the public hearing be continued to May 1, 2023.  A poll vote was taken as follows and the motion carried:  (So Voted 3 to 2 – Councilors LaPietra and Lowther dissented; Councilor Scialabba abstained; Councilor Overton absent)

 

                                                YES                                         NO

 

                                             Cordio                                     LaPietra

                                             Aiello                                       Lowther

                                             Morrone

Overton – absent

Scialabba – abstained

 

 

 7.    NEW BUSINESS

 

a.     Assistant Solicitor for Prosecutions – re:  Annual Stipend – Discussion and Possible Action

 

     Town Manager Lacey explained that the Assistant Solicitor for Prosecutions’ annual salary is currently budgeted at $19,080 and that the newly appointed Assistant Solicitor, Robert Craven, is seeking an increase to $30,000 annually.  He stated that the Assistant Solicitor for Prosecutions handles prosecution cases in District Court on Fridays; however, any work performed outside the scope of work is charged at an hourly rate. 

 

     Council President Morrone suggested that this matter be addressed during the budget process and that the current salary remain as is. 

 

        b.     Approval of Minutes

        Regular – 3/6/23

 

     Councilor Aiello requested that the March 6, 2023 Regular Meeting minutes be amended to include the following statement under Item #8c, “Councilor Aiello restated that he is not a board officer, only a resident, and that he had resigned as an officer in early December, so there is no conflict.”

 

Motion by Mr. Morrone, Seconded by Mr. LaPietra, that the March 6, 2023 Meeting minutes be approved, as amended.  (Voted Unanimously)

 

 

 8.    UNFINISHED BUSINESS

 

               None

 

 

 9.    COMMUNICATIONS & REPORTS

(Backup materials for the following reports can be viewed on the Town of Westerly website at www.westerlyri.gov)

 

        a.     Liaison Reports

 

1.     Westerly Public Library – Attended meeting; considering the formation of a new subcommittee for Columbus Day Parade; Gardeners’ Fair in the park to be held May 21, 2023; Veterans’ Plaque Dedication scheduled for May 25, 2023  (Councilor Scialabba)

 

        b.     Town Council – 4/3/23

 

1.     Item #1 4/3/23 – From Scott Levesque, Asst Sol. Planning/Zoning – re:  House Bills Affecting Land Use Issues – Councilor Lowther suggested that the Council review the pending legislation that affects land use, tenants’ rights, and affordable housing.

 

2.     Proposed Budget Calendar

 

     It was the consensus of the Council to eliminate the budget workshops on Saturday, April 8, 2023, and Tuesday, April 11, 2023. 

 

3.     Earth Day Cleanup – Councilor Scialabba announced that the Greater North End Community will be hosting an Earth Day cleanup on Saturday, April 22, 2023, from 12:00 p.m. to 2:00 p.m.; that gloves and bags will be provided; and that the rain date is Saturday, April 29, 2023.

 

        c.     Town Manager – 4/3/23

 

1.      Item #1 4/3/23 – Documents – Re:  Noyes Avenue Circus Lot site – Town Manager Lacey stated that he provided the Council with the requested documentation regarding the sale and purchase of the site.  He stated that the Town has not received a formal request from the Town of Stonington to purchase the property.

 

2.     Item #2 4/3/23 – Correspondence – From The Beacon Mutual Insurance Co., Rec’d March 16, 2023 Re:  Dividend Distribution – Town Manager Lacey reported that the Town received a dividend distribution because its workmen’s’ compensation rate was low. 

 

3.     Correspondence – From Gerald J. Petros, Esq., Hinckley Allen, Rec’d March 30, 2023 – re: WHFD Public Comment regarding Fort Road – Town Manager Lacey noted the aforesaid correspondence. 

 

4.     Item #4 4/3/23 - Correspondence – From Joan Beth Brown, Moderator of the Watch Hill Fire District, Rec’d March 30, 2023 – re: “Fort Road” and access to the Napatree Point Conservation Area – Town Manager Lacey noted the aforesaid correspondence.

 

10:00 P.M.  Motion by Mr. Lowther, Seconded by Ms. Scialabba, to waive Rule #9(a) and extend the 10:00 p.m. curfew.  (Voted Unanimously)

 

5.     Documents – re: Fort Road Right-of-Way – Town Manager Lacey stated that he provided the Council with information that the Town has on file.  He stated that he was provided with three additional maps from the Watch Hill Fire District that he will provide to the Council. 

 

     Discussion was held regarding the location of the Fort Road right-of-way and marking of same.  It was suggested that the marker state that “Fort Road is a public right-of-way for access to Napatree Point.”

 

     Council President Morrone entered into the record a memorandum from Anthony Palazzolo, Jr. regarding a Watch Hill Fire District Transaction Report from January 1, 2018 through March 16, 2023 for Edward P. Morrone. 

 

        d.     Town Solicitor

 

        None

       

        e.     Town Clerk

 

        None

 

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

 

1.     Fort Road – Councilor Cordio requested that the Town to perform a survey of Fort Road in order to mark its location.

 

     Council President Morrone directed that the aforesaid request be placed on the April 17, 2023 Regular Meeting agenda for discussion.

 

        g.     Requests of Town Manager by Councilors

 

1.     Affordable Housing – Councilor Lowther requested that the Planning Department engage in affordable housing discussions regarding the possible revocation of the fee in lieu, the timeframe for deed restrictions, the monitoring of current affordable housing projects, accessory dwelling units, and assisting the Council in developing agenda items for the ad hoc affordable housing committee.

 

2.     Maintenance of Effort – Councilor Aiello requested that Town Manager Lacey provide the Council with the School’s Maintenance of Effort for budget discussions.

 

 

10.   CITIZENS COMMENTS

 

     When addressing the Council, please state your name and address; please conduct yourself in an orderly and respectful fashion.  Citizens will have up to five (5) minutes and one opportunity to speak.  The comments of citizens accessing this portion of our meeting are neither adopted nor endorsed by this body but heard as requested. 

 

a.     Anthony Palazzolo, Jr., Esq., 265 North Pendleton Hill Rd, N Stonington, CT – re: submitted an APRA request for all mail messages containing the word “pineapple”; submitted Watch Hill Fire District Transaction Report from January 1, 2018 through March 16, 2023 for Edward P. Morrone; submitted Town Council Resolution #08/09-67 adopted October 6, 2008 with supporting documents; submitted a Conservation Easement recorded January 7, 2014 (BK 2014/Page 340); submitted Certificate of Maintenance re: CRMC Assent No. M2019-05-08

 

b.     Ellen Kane, 76 Winnapaug Rd – re: Thanked Council for tough discussions on recusals, potential conflicts of interest

 

COUNCILORS’ RESPONSE

 

     Councilors responded to Citizens Comments regarding documents provided by Anthony Palazzolo, Jr. regarding the Fort Road right-of-way.

 

 

11.   ADJOURNMENT

 

        10:31 P.M.  Voted Unanimously to adjourn.

 

 

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