Zoning Board – Meeting Minutes

Thursday, July 9, 2020 - 7:00 p.m.

*Pursuant to Governor Gina M. Raimondo’s Executive Order 20-25, dated April 15, 2020, this meeting was held in person and electronically via Zoom and was publicly advertised.

 

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. He shared instructions for how to attend the meeting via Zoom. After taking roll call, Mr. Pawelkiewicz read into the record the rules and procedure for hearing applications at the Zoning Board.

 

 

B.   ROLL CALL AND REVIEW OF STAFF ATTENDANCE

 

 

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

 

MEMBERS ABSENT:        None.

 

STAFF PRESENT:              Director of Information Technology (IT) Marc Tate, Administrative Officer and Zoning Official Nathan Reichert, Solicitor Todd Romano, and Minute Taker Stephanie J. LaSota

 

 

C.   APPROVAL OF MINUTES

1. June 3, 2020 – Mr. Brockway made a motion to approve the June 3, 2020 minutes as submitted.

Mr. Cioppa seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

 

2. June 17, 2020 – Mr. Russo made a motion to approve the June 17, 2020 minutes as submitted.

Mr. Ornberg 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.    Burkholder, 250 Church Street, AP ‘45’ Lot ‘20’, Accessory Apartment, Special Use Permit (§260-34). Continued from June 17, 2020. Continue to August – Notice.

 

 

Mr. Reichert said they are working on perfecting notice for the Burkholder application relative to abutting neighbors in Charlestown and still have letters to send out, so it needs to be continued to the August agenda. Mr. Cioppa said he would like to see it moved to September as there are many agenda items planned for August. Mr. Reichert said there are four or five notices remaining to be mailed and many have gone out already advertising an August meeting. He said there will be 7 action items in August, but he encouraged an August meeting.

Mr. Russo made a motion to continue the Burkholder application to the August 5, 2020 meeting. Mr. Brockway seconded the motion. In discussion, the Board agreed to put the Burkholder application at the end of the August 5 agenda. 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 was no approval of decisions to discuss.

 

 

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

 

 

1.    Cioffi / Nicolosi, 94 East Avenue, AP ‘97’ Lot ‘155’, Second floor addition to an existing structure. Dimensional Variance (§260-19)

 

 

Joseph Toscano, professional land surveyor, was present on behalf of the application. He said the applicant is requesting waivers for items C and D.

Mr. Cioppa made a motion to grant waivers for items C and D on the Cioffi/Nicolosi application and to schedule the public hearing for August 5, 2020. Mr. Brockway seconded the motion. The motion CARRIED by unanimous vote with no abstentions. Mr. Torres asked if the total square footage of the proposed new construction was under 2,000 square feet and Mr. Toscano said yes.

 

2.    Noble, 225 Shore Road AP ‘130’ Lot ‘48’ Addition of second floor to an existing structure. Dimensional Variance (§260-19).

 

 

Attorney William Nardone was present on behalf of the applicant and requested a waiver for item C.

 

Mr. Cioppa made a motion to grant a waiver for item C on the Noble application and to schedule the public hearing for August 5, 2020. Mr. Ornberg seconded the motion. The motion CARRIED by unanimous vote with no abstentions. In discussion, Mr. Torres confirmed with Atty. Nardone that the property’s current width is 75 feet.

 

 

3.    Centrica, 47 Quarry Road, AP ‘55’ Lot ‘33’, Solar Facility, Special Use Permit (§260-34).

 

Attorney William Nardone was present on behalf of the applicant and said two applications are currently pending for Centrica Business Solutions. He explained them. He requested waivers for items D, E, F, and G for the Special Use Permit and waivers for items D, E, and F for the Aquifer Protection Permit.

 

Mr. Brockway made a motion to grant the waivers for items D, E, F, and G for the Special Use Permit as well as items D, E, and F for the Aquifer Protection Permit for the Centrica application and to schedule the public hearing for August 5, 2020. Mr. Cioppa seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

 

4.    Carparelli Enterprises LLC / 7-Eleven, 34 Post Road, AP ‘98’ Lot ‘105’, Sign Permit, Dimensional Variances (§260-19)

 

 

Attorney Kelly Fracassa was present on behalf of the applicant. He said they requested waivers for items C and D.

 

Mr. Russo made a motion to grant waivers for items C and D for the Carparelli Enterprises LLC application and to schedule the public hearing for August 5, 2020. Mr. Brockway 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.    LW Houston, LLC, 42 Wawaloam Drive, AP ‘157’ Lot ‘46’, Addition to existing structure. Dimensional Variance (§260-19). Continued form May 6th 2020.

 

 

Mr. Reichert explained the applicant is requesting two significant Variances. He entered into the record two letters of support from abutting neighbors at 13 Winona Avenue and 9 Winona Avenue. He said one was included in the Zoning Board’s packet and the other was just received by the Zoning Office earlier this week. Mr. Reichert said staff is supportive of the application.

Atty. Thomas Ligouri was present on behalf of the applicant. Atty. Ligouri asked that a copy of the application with revisions from June 23, 2020 be entered into the record. Mr. Reichert marked it as Exhibit C. Atty. Ligouri also made a correction to the Zoning narrative that the rear lot length be noted as 68.21 feet, which is noted in Exhibit C.  Atty. Ligouri gave a review of the application. There were no comments from the Board and no public comment. In a poll of the Board, all members were in favor of 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. Brockway read into the record the details of the application and made a motion to approve the LW Houston, LLC application request. Mr. Cioppa seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

 

2.    Perlstein / Hamann, 119 Avondale Road, AP ‘162’ Lot ‘30’ Raze and re-build existing single - family residence. Dimensional Variance (§260-19). Continued from May 6th 2020.

 

Mr. Reichert summarized the application and said staff is supportive of the it.

Attorney Thomas Ligouri was present on behalf of the application. Also present were George Penniman and Alan Perlstein. He entered into the record two documents, which weren’t in the original application; a letter dated June 23, 2020 and a letter dated June 29, 2020 from a neighbor. Mr. Reichert said all this information was included in the Zoning Board’s packet and the Board is aware. Atty. Ligouri further explained the details of the application request and the proposed plan for the home. Mr. Russo asked if there was a full basement and Atty. Ligouri said yes except for one area that may potentially have to be a slab to accommodate separation from septic system and basement. Mr. Russo asked about drainage being diverted from a neighbor’s septic system and how it will occur. Atty. Ligouri described some ideas but said the applicant will defer to any Board request on drainage.

Deborah Lamm, of 29 Oceanview Highway, and Chairman of the Watch Hill Conservancy, an abutting property owner, spoke in favor of the application. She said she raised an issue with the

applicant in January and was pleased with working with the applicant and appreciative that the applicant took their objection and others’ objections seriously and worked with Coastal Resource Management Council (CRMC) to drastically lessen the need for a front and side yard Variance.

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

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

Mr. Ornberg read into the record the details of the application and made a motion to approve the Perlstein/Hamann application’s requested Variances with no conditions. Atty. Ligouri suggested a condition be included that the applicant divert water from the adjacent neighbor’s septic. Mr. Reichert said he wrote a condition addressing that. He also clarified at the beginning of item 1 that Mr. Ornberg read that it is due to unique characteristics of the lot. There was discussion on the changes. Mr. Ornberg amended his motion to include those two things. Mr. Brockway seconded the amended motion. The motion CARRIED by unanimous vote with no abstentions. Mr. Perlstein thanked everyone for their help with the application.

The Board called a recess at 8:24 p.m. The meeting was called back to order at 8:28 p.m.

 

 

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

 

 

1.    Barnard, 6 Franklin Street, AP ‘77’ Lot ‘402’, Placement of an accessory structure, Dimensiona Variance (§260-19). ,

 

No one was present to represent the application at the time the agenda item was announced. Mr. Russo made a motion to table the Barnard application to the end of the meeting. Mr. Ornberg seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

            At 9:59 p.m. there was still no representative present for the Barnard application.

            Mr. Ornberg made a motion to continue the Barnard application to the September 7, 2020 meeting. Mr. Brockway seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

 

2.    Frankel, 43 George Street, AP ‘77’ Lot ‘104’ Placement of an accessory structure, Dimensional Variance (§260-19).

 

Mr. Reichert explained the application for a single-car garage. He said from a staff perspective they question if the full relief requested is required and the applicant should provide some justification for the setbacks requested.

Applicant Scott Frankel was sworn in for public testimony. He described his intentions with the project to store an antique car on his property and he said he did not want to impede on his backyard land. The Board discussed further the details of the plans. Mr. Cioppa requested the structure be moved so there is no sideline Variance needed. Mr. Ornberg said he has a hard time justifying the Variance for no legitimate hardship. Mr. Cioppa asked for clarity on the rear setback. Mr. Reichert said on Monday they will discuss a Zoning amendment recommendation with Town Council on setback requirements for sheds. He clarified that no work is being done in Mr. Frankel’s proposed structure and it is for storage only. Mr. Frankel said he is willing to accept modifications as proposed by Mr. Reichert; an 11.25-foot rear setback and a 7.5-foot right side setback making the rear Variance request 3.75 feet and the right- side Variance request 2.5 feet. In a poll of the Board, all were in favor of the application with the modifications. There was no public comment.

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

Mr. Cioppa read into the record the details of the application and made a motion to approve the Frankel application Variances as modified and stated at the July 9, 2020 public hearing (rear Variance request 3.75 feet and the right-side Variance request 2.5 feet.) Mr. Brockway seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

 

3.    Morris, 8 Franklin Street, AP ‘77’ Lot ‘403’, Revision of previously approved Salon Special Use Permit (§260-34). Aquifer Protection Permit (§260-52).

 

Mr. Reichert described the application. Tony Nenna, professional engineer and principal of On- Site Engineering, was present on behalf of the application. There was discussion on the chemicals and materials used and where the wastewater will flow. Mr. Reichert explained if they deviate from their plan and testimony it would be an enforcement matter. There was further discussion on how to detect deviances.

Mr. Nenna was sworn in for public testimony. He said that there are numerous salons on Franklin Street, Granite Street, and Route 1 that discharge into the Town sewer system. He explained the system discharges to wastewater treatment on Margin Street and won’t touch other soils or the aquifer. There was further discussion on the property’s location in relation to the aquifer associated with Chapman Pond. There was no public comment. In a poll of the board, all were in support of the application.

Mr. Russo read into the record the details of the application and made a motion to approve the Morris application request for a Special Use Permit and Aquifer Protection Permit permitting operation of a beauty salon with the condition that the site lighting included be 3,000k Lumineers versus 4,000k. Mr. Cioppa seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

4.    Two Gray Cats Properties, LLC, 18 Franklin Street, AP ‘87’ Lot ‘144’, Revision of Previously approved Salon Special Use Permit (§260-34).

 

 

Mr. Reichert reviewed the application for the Board. Present on behalf of the application were Attorney Steven Surdut and Professional Engineer CJ Doyle. Atty. Surdut said a representative from architect John Patrick Walsh’s office was also present, as well as the property owners. There was discussion on the parking and Americans with Disabilities Act (ADA) compliance.

In a poll of the Board, all members were in support of the application. Mr. Russo made a motion to close the public hearing. Mr. Cioppa seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

Mr. Ornberg read into the record the details of the application and made a motion to approve the Two Gray Cats Properties, LLC application revision to a previously approved Special Use Permit that additional overflow parking on the rear lot be provided. Mr. Cioppa seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

 

I.   STAFF COMMENTS

 

Mr. Reichert said it is helpful that they cleared the agenda tonight. The Board discussed they appreciate focused presentations by the attorneys attending tonight. There was a consensus to only have one August meeting. Mr. Pawelkiewicz suggested that if long agendas continues to occur, they should consider beginning at 6:00 p.m. Mr. Reichert said they have some significant changes to process as part of the Zoning amendment submittal to Town Council and they will have the opportunity to redraft the Zoning rules. There was discussion on a possible workshop to review the changes. Atty. Romano said he wants to ensure the Board is clear on Special Use Permit approval criteria. There was discussion of the Zoning amendments’ approval timeline. Mr. Reichert said he will send the Board the Town Council’s Monday workshop meeting link, as well as the agenda.

Mr. Cioppa made a motion to schedule a 6:00 p.m. Zoning Board workshop meeting on August 5, 2020 to discuss the Zoning amendments and rules and procedure. Mr. Brockway seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

 

J. CONFIRMATION OF NEXT REGULAR MEETING DATE – August 5, 2020 6:00 p.m.

 

 

K. ADJOURNMENT  

Mr. Russo made a motion to adjourn the meeting at 10:09 p.m. Mr. Ornberg seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

 

Respectfully submitted,

 

Stephanie J. LaSota

Minute Taker

 

Approved by vote of the Board on TBA