Zoning Board – Meeting Minutes

Tuesday, February 25, 2020 – 6:00 P.M

Council Chambers, Westerly Town Hall

45 Broad Street, Westerly, RI 02891

            Mr. Delaney began a presentation with a review of the Department of Development Services and asked for feedback from the audience on what could be improved. Mr. Brockway shared that he would like a Comprehensive Plan that can be clearly interpreted consistently among various people. Business Owner and Westerly citizen Jennifer Brinton said a complete and thorough checklist of everything an applicant needs should be available for a more efficient process. Citizen Jill Scula said the department should have more automated services, such as checking online for the status of an application. The consensus was that there is room for improvement. Mr. Delaney said the PowerPoint presentation will be available on www.WesterlyRI.gov and also shared at upcoming Zoning Board and Planning Board meetings.

            There was discussion on the benefits of a walkable community and what defines walkability. Mr. Cioppa asked about property owners who wish to live in a more remote, less walkable area. Mr. Delaney said they would circle back to that question. He asked meeting attendees to provide feedback on the realities of current Zoning. Mr. Ornberg said some current regulations impede development and not just through unallowed uses. Mr. McCuin said affordable housing is an issue in the area and current Zoning limits the ability to create denser residential Zones. Citizen Paula Ruisi said the Town needs a historic commission . She gave an example of a Watch Hill home built in 1736 that was changed without guidance of a commission. She also commented on the size of buildings on small parcels in Watch Hill and that it appears Zoning and setbacks are ignored. Ms. Ruisi said an abandoned development project on Franklin Street could be a perfect example of combining open space and residential use with walkability. Attorney Thomas Ligouri said there is often tension caused to the Zoning Board because of differences between current regulations and the reality of land. He said taking Dayton Street in Westerly as an example, as Mr. Delaney did in the slideshow, there is a laundromat, restaurant, grocery store, and social club in proximity but there is no walkability. He said locating small needed elements to create walkability is the problem, not residences or parking issues. He gave the example of the successful Reales Grocery, at 122 High Street, that does not have an ideal location or a lot of parking, yet people walk there, and it is a successful business.

            Mr. Delaney said he would refer to Form-based Code as “modernized Zoning” throughout the presentation and explained some characteristics of it. He said it would emphasize ensuring clear definitions and interpretations of regulations. He reviewed feedback from New England Towns and other communities that have implemented modernized Zoning. Ms. Brinton asked if that feedback was from the Towns’ staff or the developers. Mr. Delaney said it is mostly staff reporting, but they did reach out to more parties and are awaiting more information. John Patrick Walsh, a local architect and Chair of the Westerly Building Board of Appeals, asked how the Towns used as examples compare to Westerly. Mr. Delaney explained the statistics used to show similarities and that a list was printed on each poster on display. He said Tiverton and Jamestown have implemented modernized Zoning. Ms. Letendre said some parts of Providence are also using it in various neighborhoods.

Mr. Azzinaro asked for a good example of it for Westerly. Mr. Delaney said there won’t be answers given tonight and reviewed some questions for reflection, such as; how does the Town garner more community involvement and how can the Town commit resources to modernized Zoning. He said the average cost for the communities mentioned was $100,000 to $130,000. Ms. Brinton asked how far an amount of money like that could get Westerly, which is made up of at least five distinct communities. Ms. Pellegrini said in the budget presentation to Town Council they will request $50,000 for restricted funds and would like to hire a professional to investigate this. She said what needs to be done is a public outreach process. Mr. Delaney said that is a good segue into how the community wants to implement modernized Zoning. There was discussion that in all the communities that implemented modernized Zoning, they had a pilot program in a community sample. Mr. Delaney said Portsmouth, New Hampshire spent about $50,000 on each of three neighborhoods in their city to make the change. Ms. Pellegrini said there is a cost associated with hiring professionals.

Mr. Brockway said the Zoning Board is averaging 18 meetings a year because of regulation issues and if you add the cost of all of that compared to moving to modernized Zoning it may not be expensive. Mr. Rooney asked what the cost of Zoning in the last five years has been. Mr. Reichert said in 2019 the total Board actions were over $40,000. Mr. Rooney asked for a cost statistic at the next modernized Zoning meeting for Variances and Special Use Permits. Mr. Azzinaro commented that modernized Zoning handled by a team of professionals thinking outside the box in the best interest of a project would be ideal. He said it needs to happen gradually in Westerly. Mr. Azzinaro described an example of taking residential lots from Granite Street to Main Street, which are traditionally older neighborhoods of single and multi-family homes and converting derelict properties into smaller structures with larger density. He said this is an example of modernized Zoning and should be allowed if the structures match the character of the area. Mr. Rooney asked how this is not “spot Zoning.” Mr. Azzinaro said all R10 Zones are the same and it is a solution to promoting density where it is needed and can be handled. Mr. Rooney asked what the Town lacks to make something like this happen. Mr. Azzinaro said the Boards need to meet to discuss the intentions of projects and have attorneys to help gather the guidelines. Mr. Cioppa agreed with Mr. Azzinaro but stated the Town needs to be careful where it builds density and ask itself if it can support a project, as well as be cautious of business sprawl and the location to residential density. There was further discussion by Atty. Ligouri on how the current Zoning Ordinance takes multiple instances and requires a Special Use Permit or triggers Development Plan Review (DPR.) He said the pressures can be relieved by staff suggesting what uses can be permitted uses. He added that you could argue that identifying a historic district in which to implement modernized Zoning is not spot Zoning. He voiced frustration that the 2010 Comprehensive Plan goals for regulation reform did not occur and now it has become about how to say “no” and how not to say “yes.” Atty. Levesque responded that Atty. Ligouri is right that it is not spot Zoning. He said some DPR changes are already in the works so as not to absorb so many applications. He said much of what modernized Zoning will look to do is make the development process not so draconian and expensive. Mr. Ornberg said with modernized Zoning there will eventually be lines drawn on the Town map and there will still be some instances of property owners wanting relief from those regulations. He also commented that the Town must tread lightly as property owners have a right to do what they like to their properties, and in the case of the historic home mentioned by Ms. Ruisi, if the owner wanted to paint the whole thing, they had the right.

Mr. Lathrop asked some questions about the future land use maps (FLUM) and how land uses were determined. Ms. Letendre said it depends on the context of the change, but it is made between Town staff, Boards, and citizen input. She said some land uses don’t exist, some are rarely seen, and some new uses are not in the current FLUM.

Mr. Delaney reviewed the status of the 2020 Comprehensive Plan. There was some further discussion on when the FLUM were available