Zoning Board – Meeting Minutes

Thursday, February 05, 2020 – 7:00 P.M.

 

Council Chambers, Westerly Town Hall

45 Broad Street, Westerly, RI 02891

 

A.    CALL TO ORDER

Mr. Pawelkiewicz called the meeting to order at 7:00 p.m.

B.     ROLL CALL AND REVIEW OF STAFF ATTENDANCE

 

MEMBERS PRESENT:      Chair Walter Pawelkiewicz, Vice Chair John Ornberg, Members Doug Brockway, Albert Clemence, and Larry Cioppa, and Alternate Member James Torres

 

MEMBERS ABSENT:         Alternate Member Jeffrey Russo

 

STAFF PRESENT:              Administrative Officer and Zoning Official Nathan Reichert, Solicitor Todd Romano, and Minute Taker Stephanie J. LaSota

 

            Mr. Pawelkiewicz read into the record the rules and procedures for hearing applications at the Zoning Board.

 

C.    APPROVAL AND REVISION OF MINUTES

 

1. January 9, 2020 – Mr. Clemence made a motion to approve the January 9, 2020 minutes as submitted. Mr. Cioppa seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

D.    CHANGES TO AGENDA - Consider, discuss and act upon schedule changes for Applications.

 

            Mr. Cioppa expressed concern about the Board voting to continue multiple agenda items and issues with applications that delay them in the Zoning process. Atty. Romano said he would suggest making this conversation topic an official agenda item for a future meeting. There was some further conversation among Board members regarding the upcoming meeting schedule and the internal Zoning process for receiving and planning applications. Atty. Romano reiterated that he understands the Board’s concerns, but discussion needs to occur after each listed agenda item or at a future meeting.

 

 

1. Centrica, 105 White Rock Road, AP ‘16’ Lot ‘6’, Ground mounted solar array, Aquifer Protection Permit (§260-34), Variance (§260-19). Continued to March 4 meeting

 

Mr. Reichert explained to the Board the logistics of preparing business items for each meeting agenda. He explained the request of the Centrica applicant. Present on behalf of the application was Atty. William Nardone, who said the application will not be ready for March 4 and stated they are happy to move it to a later date. He said they have gone to the Planning Board and there was an issue raised with respect to two principal uses on one lot, as the parcel is uniquely split down the middle by a Zone line; Residential and General Industrial. He said it involves potentially getting proof for a pre-existing non-conforming use. He said until they straighten that out with the Planning Board, they can't appear before the Zoning Board. Atty. Nardone said the application could be tabled until the applicants are ready, but he asked not to be taken out of queue. Mr. Pawelkiewicz reminded the Board on the January actions by the Board on the application.

Mr. Cioppa made a motion to table the Centrica, 105 White Rock Road application. Mr. Ornberg seconded the motion. In discussion, Atty. Nardone said he does not object to having to reissue notice and advertisements for the application. The motion CARRIED by unanimous vote with no abstentions. 

 

2. LW Houston, LLC, 42 Wawaloam Drive, AP ‘157’ Lot ‘46’, Addition to existing structure. Dimensional Variance (§260-19). Continue to March 4, 2020 due to advertising error.

 

            Mr. Reichert explained the need for the continuation due to an advertising error. He said in an abundance of caution, the applicant has chosen to reissue notice for the application. Mr. Ornberg said it appears the March 4 agenda is already full, and suggested it be moved to the April 1 meeting. There was some discussion on the order of items on the Zoning agenda and possibly scheduling a second March meeting. 

Mr. Cioppa made a motion to continue the LW Houston, LLC application to the April 1 Zoning Board meeting. Mr. Clemence seconded the motion. The motion CARRIED by unanimous vote with no abstentions. 

 

3. Stern, 30 Rocket Street, AP ‘67’ Lot ‘70A’ Addition of a front porch mudroom, (2) sheds. Dimensional Variance (§260-19). Continue to March 4th meeting 

 

Mr. Reichert said he would feel comfortable moving this item to April 1. He said an additional issue with the application was discovered last week and it is highly likely that another Special Use Permit requirement will be coming and so it likely won't be ready for March 4.

Mr. Ornberg made a motion to table the Stern, 30 Rocket Street application. Mr. Brockway seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

4. Turdo, 57 John Street, AP ‘77’ Lot ‘166’, Change of use from single to two family residence Special Use Permit (§260-34). Continue to March 4th meeting

 

Mr. Reichert said that the Turdo application will need to be advertised again and reissue noticed as the Special Use Permit needs several Variances and the applicant has been unable to get a certified site plan by an engineering firm , however, it's underway.

Mr. Ornberg made a motion to table the Turdo application. Mr. Cioppa seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

E.     APPROVAL OF DECISIONS

None.

F.     PRE-APPLICATIONS - Schedule public hearing date for Application(s). Consider and approve application waivers.

 

1. Elizabeth R Miller, 39 Verdi Road, AP ‘135’ Lot ‘83’ Addition to existing deck. Dimensional Variance (§260-19)

 

Stephen Miller, husband of the applicant, was present on behalf of the application and requested waivers for items C and D. Mr. Brockway made a motion to grant waivers for items C and D and schedule a public hearing for March 4 for the Miller application. Mr. Clemence seconded the motion. Mr. Torres asked for clarification about square footage being added. Mr. Miller explained and said he would provide a copy of a corrected site plan at the March 4 meeting. Mr. Torres asked if the front setback is a required 30 feet required and the property is at 28.2 feet, does the Zoning Board need to grant a front Variance. Mr. Reichert explained it is existing nonconforming and they would not need to apply for a Variance. There was more discussion on requirements for Variances.

In a vote by the Zoning Board, the motion on the floor CARRIED by unanimous vote with no abstentions.

 

2. Purcell, 17 Timothy Drive, AP ‘116’ Lot ‘2’, Construction of a single- family residence Dimensional Variance (§260-19)

 

Anthony A. Nenna, P.E., of On-Site Engineering, Inc, was present on behalf of the applicant. He requested a waiver to item D. 

Mr. Clemence made a motion to grant a waiver for item D and set the public hearing for March 4 for the Purcell application. Mr. Ornberg seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

 

3. Bergenn, 12 Chapman Road, AP’ 156’ Lot ‘58’, Enclose the existing rear deck. Dimensional Variance (§260-19)

 

Anthony A. Nenna, P.E., of On-Site Engineering, Inc, was present on behalf of the applicant. He requested waivers on items C and D.

Mr. Brockway made a motion to grant waivers to items C and D and set a public hearing for the Bergenn application to March 4. Mr. Cioppa seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

4. Stowe / Clark, 3 Maplewood, AP ‘175’ Lot ‘48’, Renovate and rebuild existing structure increasing existing footprint with the addition of two floors.  Dimensional Variance (§260-19) 5. Perlstein / Hamann, 119 Avondale Road, AP ‘162’ Lot ‘30’ Raze and re-build existing single -family residence. Dimensional Variance (§260-19) 6. Centrica, 44 Frontage Road, AP ‘49’ Lot ‘1’ Solar Array, Special Use Permit (§260-34)

 

Attorney Kelly M. Fracassa was present on behalf of the applicant and requested a waiver for item C. There was some discussion on the proximity of wetlands to the property. Atty. Fracassa said the property is well outside the 200-foot Coastal Resource Management Council (CRMC) requirement. There was additional discussion on any Department of Environmental Management (DEM) requirements for the application. Atty. Fracassa said they have a septic system plan pending with DEM and he will have that for the Board at the March hearing.

Mr. Cioppa made a motion to grant a waiver to item C of the Stowe/Clark application and to schedule the public hearing for March 4. Mr. Brockway seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

5. Perlstein/Hamann, 119 Avondale Road (Assessor’s Map 162, Lot 30) Raze and re-build existing single -family residence. Dimensional Variance (§260-19)

 

Nate Lauder was present on behalf of the application and said there were no waiver requests.

Mr. Clemence made a motion to schedule the public hearing for the Perlstein/Hamann application on March 4. Mr. Brockway seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

6. Centrica, 44 Frontage Road, (Ground Solar Installation) (Assessor’s Map 49, Lot 1) Solar Array, Special Use Permit (§260-34)

 

Atty. William Nardone was present on behalf of the applicant, Centrica Business Solutions, for an application for a Special Use Permit for a ground-mounted solar installation. He said the applicant is requesting waivers for items C, D, E, F, and G. Atty. Nardone said the applicant will be ready for March 4 and they have received a favorable recommendation from the Planning Board. There was some discussion on who the abutters were to the property in question. Atty. Nardone said as part of the Planning process, the applicant will address stormwater management, but they are requesting the waiver for it at the Zoning Board.

Mr. Clemence made a motion to grant waivers C, D, E, F, and G and schedule the public hearing for the Centrica, 33 Frontage Road application to March 4. Mr. Cioppa seconded the motion. In discussion, Mr. Torres said there was no answer on question 11 of the application and Atty. Nardone said it should say "no,” that no permit was refused. The motion CARRIED by a unanimous vote with no abstentions.

G.    PUBLIC HEARINGS OLD BUSINESS- Consider, discuss and act on application(s).

1. Julian, 3 Plimpton Road, AP ‘179’ Lot ‘99’, Addition to a non-conforming structure in the  SC-WH zone. Special Use Permit (§260-34). 

Mr. Reichert summarized the application for the Board. He said it is Zoned Commercial Watch Hill,  but for well over 100 years there's been a residential use on the property. He explained the history of the parcels. Mr. Reichert said the applicant seeks to reconstruct the house, with additions, and ensure it's structurally sound and meets modern codes. He said the current foundation was rendered insufficient to support a new house and certainly the additions the applicant seeks, so they would like to demolish and rebuild the home. Mr. Reichert said the Zoning office is working with the applicant to recommend that the Zoning Board allow the expansion of the existing use up to 25 percent and offer the applicant a clear ability, if needed, to simply raze the entire structure and rebuild. He said in times past, that has been an issue due to nonconformity. Mr. Reichert said a Special use permit approval would allow that to take place. He said the proposal meets all the standards for the building and it is a question of use and he believes it is rational. There was some discussion on how the Zoning could affect Variance requirements. The Board also discussed with the Zoning Official language in the proposal regarding demolition. Mr. Reichert said if there are deficient elements in the structure, they would defer to the Building Department to determine if demolition is necessary. Mr. Ornberg said this should be a condition of approval.

Elliot Siderides, president of Windward Development, was present on behalf of the applicant and  explained the reason for the application. Mr. Pawelkiewicz swore Mr. Siderides in for public testimony. Mr. Siderides explained the project is a Residential use in a Commercial Zone and they are seeking to expand it by 25 percent, as determined by usable spaces, and in addition they're seeking to improve and rebuild the structure in a slightly rotated fashion close to the existing location. There was no public comment on the application. In a poll of the Board members all voiced support for the application.

Mr. Cioppa made a motion to close the public hearing. Mr. Brockway seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

Mr. Pawelkiewicz called a five-minute recess before proceeding with the application. He called the meeting back to order at 8:05 p.m.

Mr. Ornberg read into the record the details of the application, which included the Zoning narrative and information shared at the public hearing by Mr. Siderides, and made a motion to approve the Julian, 3 Plimpton Road request for a Special Use Permit. Mr. Brockway seconded the motion. The motion CARRIED by a unanimous vote with no abstentions.

 

 

2. Stern, 30 Rocket Street, AP ‘67’ Lot ‘70A’ Addition of a front porch mudroom, (2) sheds. Dimensional Variance (§260-19). Continue to March 4th meeting. 3. Turdo, 57 John Street, AP ‘77’ Lot ‘166’, Change of use from single to two family residence Special Use Permit (§260-34) Continue to March 4th meeting None.

See “Changes to Agenda.”

 

H.    NEW BUSINESS

 

1. LW Houston, LLC, 42 Wawaloam Drive AP ‘157’ Lot ‘46’, Addition to existing structure. Dimensional Variance (§260-19). Continue to March 4th meeting due to advertising error

See “Changes to Agenda.”

2. Garber, 50 Salt Pond Way AP ‘142’ Lot ‘75’, Addition of a front entry way on an existing structure Dimensional Variance (§260-19).

 

Mr. Reichert said the applicant came to the Building and Zoning Officials last summer as they got a mold assessment on the existing home and the home was deemed uninhabitable. The Building Official issued condemnation. Mr. Reichert said this triggered an element of the Zoning Ordinance that allows a building to be replaced within 18 months if it is destroyed for any reason. He said they issued permits to do a demolition and rebuild. Mr. Reichert said the proposed addition for the rebuild is necessary for safe egress/access and staff is supportive of the project. Mr. Torres asked the dimensions of the lot and there was discussion that the correct dimensions will be reflected in a revised site plan.

Michael Garber, of 50 Salt Pond Way, was sworn in for public testimony Michael Garber, 50 Salt Pond Way, and reiterated that he was seeking a Variance approval for a covered entry. Lara Garber, of 50 Salt Pond Way, was also sworn in for testimony. She said there is a garage door entrance, as well. Mr. Ornberg asked if there are changes or amendments to the original application and they said no. There was no public comment.

Mr. Ornberg made a motion to close the public hearing. Mr. Clemence seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

In a poll of Board members, all were supportive of the application.

            Mr. Cioppa read into the record the details of the Garber application, including the Zoning narrative dated January 29, 2020 and testimony given at the public hearing, and made a motion to approve the Garber application request for a request 14.2 foot front yard Variance to construct a four by eight-foot covered front porch at 50 Salt Pond Way. Mr. Ornberg seconded the motion. The motion CARRIED

 

Mr. Pawelkiewicz asked Mr. Reichert to add conversation on recommendations for rules and procedure to the next agenda. Atty. Romano asked Board members to individually email the Zoning official their comments and not CC any other Board members. 

 

I.       ADJOURNMENT

 

Mr. Brockway made a motion to adjourn the meeting at 8:32 p.m. Mr. Ornberg seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

Respectfully submitted,

Stephanie J. LaSota

Minute Taker