Zoning Board – Meeting Minutes

Thursday, January 09, 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

 

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

 

MEMBERS ABSENT:         None.

 

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 of Review.

 

C.    APPROVAL AND REVISION OF MINUTES

 

1. December 6, 2019 Workshop Meeting - Mr. Brockway made a motion to approve as submitted the December 6, 2019 Zoning Board workshop meeting minutes. Mr. Cioppa seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

2. December 6, 2019 Regular Meeting Brockway- Mr. Brockway made a motion to approve as submitted the December 6, 2019 Zoning Board workshop meeting minutes. Mr. Clemence seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

D.    CHANGES TO AGENDA – Consider, discuss and act upon schedule change for Applications

 

1. Addition of a second meeting in February.

 

            There was discussion on scheduling a second meeting in February to accommodate the seven upcoming Zoning applications.

Mr. Clemence made a motion to schedule a Zoning Board meeting at 6:00 p.m. on Wednesday, February 19, 2020. Mr. Brockway seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

2. Centrica, 105 White Rock Road, AP ‘16’ Lot ‘6’, Ground mounted solar array, Special Use Permit (§260-34). Continued from December 6, 2019, to be Continued to the February or March agenda pending Planning Board action.

 

There was discussion that the applicant wanted to combine the applications for a Special Use Permit and an Aquifer Protection Overlay District Permit and continue the matter to the March 4 Zoning Board meeting.

 

3. Julian, 3 Plimpton Road, AP ‘179’ Lot ‘99’, Addition to a non-conforming structure in the SC-WH zone. Special Use Permit (§260-34). Continued from December 5, 2019, to be continued to February agenda pending Planning Board action.

 

Mr. Reichert said the Julian application is scheduled for the January 21 Planning Board meeting and recommended it be continued to the February Zoning Board agenda in order to receive a Planning Board recommendation.

Mr. Brockway made a motion to continue the Julian application to the February 5 Zoning Board meeting. Mr. Ornberg 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). Continued from December 5, 2019, Continue to February Agenda, request letter to applicant about status and possible dismissal.

 

Mr. Reichert said the applicant requested more information, which requires more time.

Mr. Brockway made a motion to continue the Turdo application to the February 5 Zoning Board meeting. Mr. Ornberg seconded the motion. The motion CARRIED by unanimous vote with no abstentions.  

 

5. Stern, 30 Rocket Street, AP ‘67’ Lot ‘70A’ Addition of a front porch mudroom, (2) sheds. Dimensional Variance (§260-19). Continued to February 5th meeting due to notice requirements.

 

Mr. Brockway made a motion to continue the Stern application to the February 5 Zoning Board meeting. Mr. Clemence seconded the motion. The motion CARRIED by unanimous vote with no abstentions. 

E.     APPROVAL OF DECISIONS - Consider, discuss and act on application decisions referred to staff for writing.

 

There were no approval of decisions for discussion.

 

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

 

1. Centrica, 105 White Rock Road, AP ‘16’ Lot ‘6’, Ground mounted solar array, Aquifer Protection Permit (§260-34). To be advertised for the February or March Agenda.

 

Attorney William Nardone was present on behalf of Centrica Business Solutions and requested waivers on items C,D, E, and F. He asked the Board to combine the applications for a Special Use Permit and an Aquifer Protection Overlay District Permit and continue the matter to the March 4 Zoning Board meeting.

Mr. Brockway made a motion to grant waivers for items C, D, E, and F and to combine the Special Use Permit and Aquifer Protection Overlay District Permit applications for the Centrica application and continue the business to March 4, 2020. Mr. Ornberg seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

2. DCG Properties, LLC, 39 Batterson Avenue, AP ‘48’ Lot ‘90B’ Construction of a two- family residence Special Use Permit (§260-34).

 

Sergio Cherenzia, project engineer and owner of Cherenzia & Associates, LTD., explained the application for the Zoning Board. He requested waivers on items E, F, and G. He gave a history of the actions by the Planning Board concerning the lots. He said the lot has been subdivided and regarding item F they are going from a single-family to a two-family residence, so a traffic study isn't warranted. He said the Zoning Official said a Planning Board recommendation would be required for this and he wasn't able to reach the Town Planner, but he anticipates receiving the recommendation before the application hearing at the Zoning Board. Mr. Cherenzia asked to be placed on the February 19 meeting agenda. There was some discussion on why the lots were subdivided how they were. There was also discussion on how applying form-based code in place of traditional Zoning would change how the lots were divided.

Mr. Brockway made a motion to grant waivers on items E, F, and G and to schedule the public hearing for February 19. Mr. Cioppa seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

3. Bonk, 395 Atlantic Avenue, AP ‘167’ Lot ‘31’, Raise existing structure to be (FEMA) compliant with an addition of a second floor. Dimensional Variance (§260-19).

 

Paul A. Azzinaro, registered architect, of Azzinaro Larson Architects, 108 Airport Road, represented the applicant at the meeting. He said he is a design professional and qualifies for the requirement of item A. He asked for a waiver of the biologist letter requirement as they are consulting with Coastal Resource Management Council. He requested a February 19 hearing. There was discussion that there are no freshwater wetlands on the property. Mr. Torres noted that there was a refused permit on the application. There was discussion and Mr. Azzinaro submitted a supplemental packet clarifying the issue. Atty. Romano clarified that a Zoning Certificate had been refused, not a permit. Mr. Azzinaro shared for the record some corrections to proposed setbacks and Variance requests numbers included in the January 2, 2020 letter from the Zoning Official. Mr. Azzinaro said the applicant is requesting three feet above the 25-foot elevation restriction from the top of the freeboard, which is indicated on the building elevations in the packet.

Atty. Romano advised that Zoning Code Section 260-32 Item C 1 be referenced regarding item 16 on the application, in reference to the requirement if a property is nonconforming and seeks a Variance. Mr. Reichert said Mr. Azzinaro will have to change the reference to that and change an answer on the application from yes to no.

Mr. Brockway made a motion to grant waivers to items C and E and schedule the public hearing for 6 p.m. on February 19. Mr. Ornberg seconded the motion. The motion CARRIED by unanimous vote with no abstentions.  

 

4. Perno/ Ferraro, 397 Atlantic Avenue, AP ‘167’ Lot ‘30’, Raise existing structure to be (FEMA) compliant with an addition of a second floor and roof deck. Dimensional Variance (§260-19).

 

Atty. William Nardone was present on behalf of the application. He requested waivers for items C and D. He said the applicant will need to correct item 11 from yes to no because they were not refused a permit and they are requesting a February 19 meeting. Mr. Reichert a reference to Zoning Code Section 260-32 Item C 1 needs to be added to application item 16, as well, and is there is a waiver of the item A requirement.

Mr. Brockway made a motion to grant waivers to items A, C, and E and schedule the public hearing for February 19. Mr. Clemence seconded the motion. The motion CARRIED by unanimous vote with no abstentions.  

 

5. LW Houston, LLC, 42 Wawaloam Drive, AP ‘157’ Lot ‘46’, Addition to existing structure. Dimensional Variance (§260-19).

 

Atty. Jeffrey Knisley was present on behalf of the applicant. He explained the application and requested a waiver on item D, as well as a February 5 meeting.

Mr. Brockway made a motion to grant a waiver on item D and schedule a public hearing for February 5. Mr. Ornberg seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

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

 

Michael Garber, owner, was present and requested waivers on items C and D. He asked for a February 5 meeting date.

Mr. Brockway made a motion to grant waivers on items C and D and schedule a public hearing for February 5. Mr. Ornberg seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

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

 

1. Turdo, 57 John Street, AP ‘77’ Lot ‘166’, Change of use from single to two family residence Special Use Permit (§260-34). Continued from December 5, 2019, Continue to February Agenda, request letter to applicant about status and possible dismissal.

 

This item was continued (see Changes to Agenda.)

 

2. Centrica, 105 White Rock Road, AP ‘16’ Lot ‘6’, Ground mounted solar array, Special Use Permit (§260-34). Continued from December 5, 2019, to be Continued to the February or March agenda pending Planning Board action.

 

This item was continued (see Changes to Agenda.)

 

3. Julian, 3 Plimpton Road, AP ‘179’ Lot ‘99’, Addition to a non-conforming structure in the SC-WH zone. Special Use Permit (§260-34). Continued from December 5, 2019, to be continued to February agenda pending Planning Board action.

 

This item was continued (see Changes to Agenda.)

 

H.    PUBLIC HEARINGS NEW BUSINESS - Consider, discuss and act on application(s).

 

1. Stern, 30 Rocket Street, AP ‘67’ Lot ‘70A’ Addition of a front porch mudroom, (2) sheds. Dimensional Variance (§260-19). Continue to February 5th meeting due to notice requirements.

 

This item was continued (see Changes to Agenda.)

 

I.       REPORTS FROM STAFF

 

1. Election of Zoning Board Officers for 2020.

 

Mr. Cioppa made a motion to nominate Mr. Pawelkiewicz as Chair. Mr. Brockway seconded the motion Mr. Pawelkiewicz accepted the nomination. The motion CARRIED by unanimous vote with no abstentions.

Mr. Cioppa made a motion to nominate Mr. Ornberg as Vice Chair. Mr. Brockway seconded the motion Mr. Ornberg accepted the nomination. The motion CARRIED by unanimous vote with no abstentions.

 

2. Additional Meeting Dates for Review of Comprehensive Plan – There was discussion on potential meeting dates and topics up for discussion. The Board agreed it would be beneficial to meet in mid to late January. Mr. Reichert said he would communicate to relevant parties about dates and send the Zoning Board members options.

 

 

J.      ADJOURNMENT

 

            Mr. Brockway made a motion to adjourn the meeting at 7:50 p.m. Mr. Clemence seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

Respectfully Submitted,

Stephanie J. LaSota

Minute Taker