1.        5:35 P.M.  CALL TO ORDER

 

Present:   Pres. Morrone, Vice Pres. Lowther

                Councilors LaPietra, Overton, Scialabba, Cordio, Aiello

                T. Mgr. Lacey, T. Sol. Conley

                Co. Clk. LeBlanc, T. Sgt. Falcone

 

INVOCATION – Councilor LaPietra

 

SALUTE TO THE FLAG – Council President Morrone

 

 

2.        RECOGNITIONS, AWARDS & MEMORIALS

 

               None

 

 

3.        PRESENTATIONS

 

a.    Proposed FY2023/2024 Water & Sewer and Transfer Station Fund Budgets

       Presented by Finance Board per Town Charter – Discussion and Possible Action

 

Motion by Mr. Overton, Seconded by Mr. Lowther, that the Finance Board’s FY2023/2024 Recommended Water, Sewer and Transfer Station Fund 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.    Scott Collins, 105 Wells St – re: Low- and moderate-income housing project at 51 Franklin St – concerns with using a portion of the 30-foot buffer to meet parking requirements; re: Opposed to proposed self-storage facility at former Staples site

 

b.    Nicholas Celico, 8 Iroquois Ave, representing Trestle Park Storage Facility – re: re: Opposed to proposed self-storage facility at old Staples site; distributed comparable price chart of rental storage units

 

c.     Douglas Brockway, 32 Chestnut St – re: Favors proposed self-storage facility at former Staples site; increased pricing for rental storage units

 

d.    Robert Celico, 8 Iroquois Ave, representing Trestle Park Storage Facility – re: Addressed letter written by Douglas Brockway in The Westerly Sun regarding increased pricing for rental storage units; submitted price list of rental storage units at Storage Sense, 234 Post Rd; favors a blind feasibility study by the applicant

 

e.    Jason Jarvis, 70 Beach St – re: Opposed to proposed self-storage facility at old Staples site due to size and location; need for environmental impact study and feasibility study

 

COUNCILORS’ RESPONSE

 

     Councilors responded to Citizens’ Comments regarding proposed low- and moderate-income housing project at 51 Franklin Street and buffer between abutting property owners, and the three-storage addition to Trestle Park storage facility. 

 

     Councilor LaPietra asked that the Council be provided with information regarding a possible reduction in the 30-foot buffer between neighbors and the proposed low- and moderate-income housing project at 51 Franklin Street.

 

 

5.        CONSENT CALENDAR

 

        a.    Approval of Minutes

               Regular – 4/3/23

Budget Workshop – 4/19/23

Special – 4/19/23

 

Motion by Mr. Aiello, Seconded by Ms. Cordio, that the aforesaid minutes be accepted and approved as printed.  (Voted Unanimously)

 

        b.    Fiscal Matters

 

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

 

1.     22/23-62 Resolution Of The Town Of Westerly Town Council Authorizing The Town Of Westerly To Compensate Kim Jacobs, Civil Engineer And Resilience Planner Of Barrington, RI In Accordance With RFP 23-26 For Additional Non-Scope Environmental Consulting: Update Of 2018 Hazard Mitigation Plan ($2,300.00)

 

2.     22/23-63 Resolution Of The Westerly Town Council Authorizing The Town Of Westerly To Compensate Southern Rhode Island Conservation District (SRICD) For Services Related To The Update Of 2018 Hazard Mitigation Plan ($2,068.50)

 

     Councilor Overton requested the following item be moved to New Business for discussion:

 

3.     Resolution Authorizing The Town Manager To Enter Into A Contract With Pare Corporation For Engineering Design Services For Bowling Lane Infrastructure Improvements ($195,425.00)

 

        c.     Appointments and Appointments

 

1.   Resignation:

a.     George Robert Selvidio, Economic Development Commission

 

Motion by Ms. Scialabba, Seconded by Mr. Aiello, that the aforesaid resignation be accepted with regret and that the Council Clerk be directed to send a letter of appreciation to Mr. Selvidio.  (Voted Unanimously)

 

 

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

 

a.    Chapter 2034 – “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

       (Public Hearing continued from 4/3/2023)

 

               Recommendation from Planning Board filed 2/22/2023

 

Correspondence from James Angelo, dated April 6, 2023 and April 17, 2023 – re:  In opposition to planned storage facility.

 

Correspondence from Doug Brockway, dated April 18, 2023 – re:  In support of planned storage facility.

 

Document submitted from Robert Celico, received 4/17/23 – re:  Trestle Park Fee Agreement

 

Correspondence from Robert & Erin Celico, dated April 26, 2023 – re:  In opposition to planned storage facility.

 

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

                 Vincent Indeglia, Esq., 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

                 Cindy Tangney, Court Reporter, Rebecca Forte & Associates

 

     Councilor Overton recused himself due to a possible conflict being that he has a business relationship in the Cherenzia extended family, and he left the Council Chambers.

 

     Council President Morrone stated that the following individuals spoke in favor of the proposed ordinance at the April 3, 2023 public hearing:  George Masterson, 82 High Street; Andrew Barber, 3 Boylston St; Robert Lombardo, 81 Avondale Rd; Peter McCormick, 222 Post Rd

     Council President Morrone stated that the following individuals spoke in opposition to the proposed ordinance at the April 3, 2023 public hearing::  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

 

     Council President Morrone entered into the record a letter from Mr. and Mrs. Stephen Ludington in opposition to the proposed zoning amendment.

 

     Attorney Liguori addressed the request for a feasibility study, the Economic Development Commission’s favorable recommendation, and the reason for proceeding with a zoning map amendment from Highway Commercial to General Commercial rather than proceeding with an amendment to the District Use Table to allow ministorage by Special Use Permit in the Highway Commercial zone.

 

     The Council addressed the process for amending the District Use Table to allow ministorage by Special Use Permit in the Highway Commercial Zone, commerce, the purpose of the future land use map, and advisory opinions from the Planning Board and the Economic Development Commission. 

 

Motion by Ms. Cordio, Seconded by Mr. Lowther, that the aforesaid ordinance be approved with the following condition: That the building permit is conditioned on property owner executing and filing a Conservation Restriction in the form and containing the terms of that provided by applicant in the Land Evidence records of the Town of Westerly.  (So Voted 6 to 0 – Councilor Overton recused)

 

Motion by Ms. Cordio, Seconded by Mr. Lowther, that the aforesaid ordinance be approved with the following condition: That irrespective of the Zoning Ordinance Map Amendment of AP 99, Lot 3A from Highway Commercial (HC) to General Commercial (GC), the minimum building yard setbacks shall remain consistent with those of the Highway Commercial zoning district, that is front 50’, corner side 35’, side 20’ and rear 30’.  (So Voted 6 to 0 – Councilor Overton recused)

 

Motion by Mr. Lowther, Seconded by Ms. Scialabba, that the aforesaid ordinance be approved with the following condition:  That the building height at roof deck level not exceed thirty-five feet.  Any additional parapet attached to the roof deck shall not exceed seven (7) feet in height.  (So Voted 6 to 0 – Councilor Overton recused)

 

Motion by Mr. LaPietra, Seconded by Ms. Cordio, that the aforesaid ordinance and map amendment be adopted as presented along with the three adopted specific conditions.  A poll vote was taken as follows and the motion carried:  (So Voted 5 to 1 – Councilor Aiello dissented; Councilor Overton recused)

 

                                                YES                                         NO

 

                                               LaPietra                                 Aiello

                                               Scialabba

                                               Lowther

                                               Cordio

                                               Morrone

Overton – recused

 

Motion by Mr. LaPietra, Seconded by Ms. Cordio, that the public hearing be closed.  (Voted Unanimously)

 

 

7.        NEW BUSINESS

 

a.    Petition from Narragansett Electric and Verizon New England, Inc. for New Pole Locations at Atlantic Avenue (WR# 30665826) – Discussion and Possible Action

 

Motion by Mr. Aiello, Seconded by Ms. Scialabba, that the aforesaid petition be granted.  (Voted Unanimously)

 

b.    Petition from Narragansett Electric and Verizon New England, Inc. for New Pole Location at Oak Street (WR# 30756135) – Discussion and Possible Action

 

Motion by Ms. Scialabba, Seconded by Mr. Aiello, that the aforesaid petition be granted.  (Voted Unanimously)

 

c.     Proposed Criteria – 2023 Update To The Westerly Veterans ‘Rolls of Honor’ Memorial Eligibility Criteria and Application Instructions – Discussion and Possible Action

 

Motion by Mr. Overton, Seconded by Mr. Aiello, that the aforesaid Westerly Veterans ‘Rolls of Honor’ Memorial Eligibility Criteria and Application Instructions be accepted.  (Voted Unanimously)

 

d.   22/23-64 Resolution Authorizing The Town Manager To Enter Into A Contract With Pare Corporation For Engineering Design Services For Bowling Lane Infrastructure Improvements ($195,425.00)

 

     Town Manager Lacey addressed the projected costs for the Bowling Lane Infrastructure Improvements project.

 

     Councilor Overton suggested that $500,000 of American Rescue Plan Act (ARPA) funds be placed in a restricted account for the Bowling Lane Infrastructure Improvements project.

 

Motion by Mr. Overton, Seconded by Mr. Aiello, that the aforesaid resolution be adopted.  (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.     Senior Citizens Center – Thanked the Council for understanding their issues at large, especially the salary issue  (Councilor Scialabba)

 

2.     Westerly Public Library – Thanked the Town for assisting with the sewer hookup; Gardner’s Fair to be held May 21, 2013; Veterans’ War Memorial plaque dedication scheduled for May 25, 2023  (Councilor Scialabba)

 

3.     Economic Development Commission – Route One Corridor prework request – comment sheet deadline is tomorrow, May 2, 2023; please submit to Principal Planner Alyse Oziolor  (Councilor Scialabba)

 

4.     Bradford Village Cleanup – by Bradford Village Youth Group, Saturday, May 6, 2023, from 10:00 a.m. to 2:00 p.m.; information available on Town’s website  (Councilor Aiello)

 

5.     Liaison Appointments Committee – Meeting scheduled for Tuesday, May 2, 2023, at 5:15 p.m. in the Municipal Court Room  (Councilor Lowther)

 

        b.    Town Council – 5/1/23

 

        None

 

        c.     Town Manager – 5/1/23

 

1.     Item #1 5/1/23 – Correspondence from Max Sposato, Director of Public Works/Utilities, dated April 14, 2023 – re: New Sewer Manholes for Route 1 Resurfacing, Union Street to Bellaire Street – Town Manager Lacey addressed the aforesaid correspondence, explaining that due to the age/condition of the current Town sewer manholes, it is in the best interest of the Town that they be replaced.

 

2.     Item #2 5/1/23 – Correspondence from Kyle Zalaski, P.E., Town Engineer, dated April 24, 2023 – re: 2023 Town-Wide Road Resurfacing – Additional Work – Town Manager Lacey addressed the aforesaid correspondence which is advising the Council of a change order under the current road bond resulting in a $295,000 savings for the Town by not having to reclaim Boombridge and Weekapaug Roads.

 

3.     Artificial Intelligence (AI) – Responding to Councilor Lowther, Town Manager Lacey reported that the Town has not addressed any guidance on the use of Artificial Intelligence by Town employees.

 

        d.    Town Solicitor – 5/1/235/1/23

 

1.     Assistant Harbor Master – Responding to Councilor Lowther’s question as to whether the Assistant Harbor Master can serve as a member of the Ad Hoc Westerly Marina Study Committee, Town Solicitor Conley stated that he will provide the Council with an opinion tomorrow.

 

3.     Item #1 5/1/23 – Memorandum from William J. Conley, Jr., Town Solicitor – re: Rhode Island Coastal Resources Management Council (CRMC) Right-of-Way Subcommittee Meeting (Spring Avenue) – Town Solicitor Conley reported that RI CRMC Right-of-Way Subcommittee held a meeting on April 25, 2023 and convened the hearing for discussion at their legal counsel’s request that the parties confer and provide the committee with an agreed statement of facts and disputes to narrow the scope of the hearing on the matter.  He stated that Attorney Michael Rubin informed the committee that he is prepared to meet with legal counsel for the Weekapaug Fire District and the Town in order to accomplish that purpose.  Town Solicitor Conley further stated that he informed the committee that, on behalf of the Town, he is prepared to participate in the process and identify any documents that have already been submitted for authenticity purposes.  He reported that, after a short conference, the committee determined that there should be a control date for parties to report back and set a date of May 23, 2023.  He stated that it can be anticipated that there will be a public hearing on this matter in late June in Westerly.

 

        e.    Town Clerk

 

        None

 

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

 

1.     American Rescue Plan Act (ARPA) Funds – Councilors Overton and LaPietra requested that ARPR funds be considered for the Bowling Lane Infrastructure Improvements Project.

 

2.     Fort Road Right-of-Way – Councilors Cordio and LaPietra requested that the matter of referring Fort Road right-of-way to CRMC for state designation be placed on the next agenda.

 

10.     Requests of Town Manager by Councilors

 

        None

 

 

11.     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.    Scott Collins, 105 Wells St – re: Low- and moderate-income housing project at 51 Franklin St – concerns with number of units, size of buildings, and possible reduction of 30-foot buffer

 

COUNCILORS’ RESPONSE

 

     Councilors responded to Citizens’ Comments regarding the low- and moderate-income housing project at 51 Franklin Street relative to the buffer and the accelerated movement of the application through the Planning Board process.  Councilors also addressed the need for tighter regulations of Air B & Bs.

 

 

11.   POSSIBLE EXECUTIVE SESSION

 

Motion by Ms. Scialabba, Seconded by Mr. Aiello, to go into executive session for discussion and/or action regarding those items of business exempt from open meetings under Rhode Island General Laws §42-46-4 and §42-46-5(a)(2) Litigation – Bombaci v. Town of Westerly, WC-2020-0240.  (So Voted 6 to 1 – Councilor LaPietra dissented)

 

8:05 P.M.  EXECUTIVE SESSION

 

     The purpose of this Executive Session was to discuss Litigation.

 

*                    *                    *                    *                    *

 

8:19 P.M.  Voted Unanimously to adjourn and seal the minutes of this Executive Session. 

 

        8:22 P.M.  Reconvened Open Session.

 

Executive Session Report

 

     Council President Morrone announced that the Council, under Litigation, discussed the matters of Bombaci v. Town of Westerly and that a unanimous vote was taken.

 

Motion by Mr. Aiello, Seconded by Ms. Scialabba, that the Executive Session minutes be sealed.  (Voted Unanimously)

 

 

12.     ADJOURNMENT

 

        8:23 P.M.  Voted Unanimously to adjourn.

ATTEST:
	Mary L. LeBlanc, MMC Council Clerk

 

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