Zoning Board – Meeting Minutes

Wednesday, June 03, 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. After taking roll call, Mr. Pawelkiewicz read into the record the rules and procedures for hearing applications before the Zoning Board of Review.

 

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 Members Jeffrey Russo and James Torres.

 

MEMBERS ABSENT:         None.

 

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

 

C. APPROVAL AND REVISION OF MINUTES - 1. May 6, 2020 – Mr. Brockway made a motion to approve the May 6, 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 change for Applications

1.    Ritacco, 25 Railroad Avenue, AP ‘56’ Lot ‘53’, Withdrawal Special Use Permit. Continue with Variance. Special use permit for operation of an upholstery shop in a DC 1 Zone. Special Use Permit (§260-34). Parking Variance for change of use to mixed use. Dimensional Variance (§260-19).

Mr. Reichert explained that a Special Use Permit application needs to be withdrawn from the Ritacco application. He said the difference in the use proposed determines the need for that permit. Later in the agenda, a Variance request will be taken up for the application under item three, he said.

Mr. Brockway made a motion to withdrawal the Special Use Permit application for the Ritacco application at 25 Railroad Avenue. Mr. Ornberg seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

Mr. Reichert said the Beattie application at 170 Post Road is requesting an extension. Atty. Steven Surdut, with offices at 43 Broad Street, was present at the meeting on behalf of the applicant. Atty. Surdut requested a one-month continuance in order to work out details of the application with National Grid. There was discussion on the summer Zoning Board schedule. Mr. Pawelkiewicz suggested moving the application to August.

Mr. Cioppa made a motion to continue the Beattie application to the regular Zoning Board meeting on August 5, 2020 at 7:00 p.m. Mr. Ornberg 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 to discuss.  

 

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

 

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

 

Mr. Cioppa made a motion to grant the requested waivers on items C, D, and A6 for the Barnard application and to schedule a public hearing for Thursday, July 9, 2020 at 7:00 p.m. 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. Brockway made a motion to grant the requested waivers on items C and D for the Frankel application and to schedule the public hearing for Thursday, July 9, 2020 at 7:00 p.m. Mr. Ornberg seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

Atty. Romano said the applicant should go to the Zoning Office and amend the application from a 21-foot to an 11-foot rear setback Variance request in order to proceed forward. He said it would be an administrative action and would not delay the application.

 

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

Tony Nenna, President and Principal Engineer of On-Site Engineering, was present on behalf of the application and requested a waiver for item D for the Morris application’s Aquifer Protection Permit, and items D and F for the Morris application’s Special Use Permit.

Mr. Brockway made a motion to grant to the Morris application a waiver to item D for the Aquifer Protection Permit and items D and F for the Special Use Permit and to schedule the public hearing for Thursday, July 9, 2020 at 7:00 p.m. 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. Cioppa made a motion to grant waivers to items D, E, F, and G for the Two Gray Cats Properties, LLC. application and to schedule the public hearing for Thursday, July 9, 2020 at 7:00 p.m. 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.    DeCaro, 10 Albert Street, AP ‘36’ Lot’75’, Construction of a single- family residence. Dimensional Variance (§260-19).

Mr. Reichert said the applicant is seeking to build a small home on the lot. He further explained the details of the application. He said an objection letter from a neighbor has been received and is on the record and included in the Zoning Board’s information packet. Mr. Reichert said staff is supportive of the application and believes the applicant has centered the home on the lot as best as possible and recommends the Board approve the Variance as requested.

Attorney William Nardone was present on behalf of the applicant and explained that the request is for a front yard Variance of 6.5 feet and a rear yard Variance of 8.5 feet to build a 1,440-square-foot single-family residence in the center of the lot. He said the entire street has single-family homes from 1,000 to 1,640 square feet. The applicant, Giovanni DeCaro, was also present at the meeting via Zoom.

Mr. Brockway asked about the hardship of the application. Atty. Nardone said the size of the lot is the hardship and the building envelope under current Zoning is 15 feet wide so this is the least relief possible. Mr. Russo asked about the drainage plan. Atty. Nardone said a rain garden is indicated on the plan but that would come up on the building application stage. Mr. DeCaro said whatever the engineer specified on the plan is what they intend to do and he did have a plan for pervious versus impervious so drainage would take place to minimize runoff from the property to the road. Mr. Pawelkiewicz swore Mr. DeCaro in for public testimony. Mr. Russo said he thinks the plans should show indication of what is being directed into the rain garden and requested it be a condition of the application to show and to show that in the Final Plan, which could be approved administratively. Mr. Torres asked for information on the lots adjacent to the subject property to determine the characteristics of the neighborhood. There was discussion on the square footage of the properties on those lots. 

There was no public comment. There was a consensus of support of the application from the Zoning Board. Mr. Brockway made a motion to close the public hearing. Mr. Ornberg seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

Mr. Cioppa read into the record the details of the DeCaro application request at 10 Albert Street, including the evidence heard at the June 3, 2020 public hearing, and the Zoning narrative dated May 4, 2020 outlining details of the application and summarized by Mr. Reichert during the public hearing, as well as documents entered into the record, granting the administrative authority to the Zoning Official to approve nonmaterial additions to the plan and made a motion to approve the DeCaro application with the condition that the owner submit to the Zoning Official clarification on how the drainage works in relation to the rain garden. Mr. Brockway seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

2.    Beattie, 170 Post Road, AP ‘111’ Lot ‘61C’, Ground mounted solar array, Special Use Permit (§260-34). - This item was moved to the August 5, 2020 Zoning Board meeting.

 

 

3.    Ritacco, 25 Railroad Avenue, AP ‘56’ Lot ‘53’, Parking Variance for change of use to mixed use. Dimensional Variance (§260-19).

Mr. Reichert said Mr. Ritacco asked for a mixed-use development in Downtown Westerly, which most businesses have. He said the application already received Planning Board approval. Mr. Reichert explained that the Parking Ordinance often times stands in the way of repurposing older buildings. He said there are 11 designated parking spaces for the retail operation and two would need to be added for the upper apartment, according to the current Ordinance. Mr. Reichert said staff has been working to find a way to make the process easier for applicants without adding a Variance request for additional uses to a building. He added that the Ordinance was brought to Town Council for better flexibility with Downtown parking, but they must still work with the current laws. Mr. Reichert said staff is supportive of the application and there will be 10 parking spaces instead of 13 on the plan.

Mr. Brockway commented on a Webinar from Grow Smart Rhode Island regarding revitalizing main streets that stated single designated spaces for apartments is common in other towns. He added that the nature of the applicant’s business doesn’t need much parking. Atty. William Nardone was present on behalf of the application. He said the prior use of the building as a church, which would have required 22 spaces, was allowed. He described the location of the building. There was no public comment. In a poll of the Zoning Board, all members were in support 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. Ornberg read into the record the details of the Ritacco, 25 Railroad Avenue, AP ‘56’ Lot ‘53’ application for a 10 parking space Variance to create a mixed-use development for a second floor apartment above an existing business, including the description of the lot and neighborhood, the testimony and materials entered into the record at the public hearing on June 3, 2020 and made a motion to approve the Ritacco application Variance request with no conditions. Mr. Brockway seconded the motion. The motion CARRIED by unanimous vote with the no abstentions.

Mr. Pawelkiewicz thanked staff for their help during the process of preparing and attending Zoning meetings during the Covid-19 pandemic.

 

H.   PUBLIC HEARINGS NEW BUSINESS - Consider, discuss and act on application(s). - There was no new business to discuss.

 

I. ADMINISTRATIVE OFFICER'S REPORT – There was no report.  

 

J. CONFIRMATION OF NEXT REGULAR MEETING DATE – June 17, 2020 at 6:00 p.m.

K. ADJOURNMENT - Mr. Ornberg made a motion to adjourn the meeting at 8:05 p.m. Mr. Brockway seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

Respectfully submitted,

Stephanie J. LaSota

Minute Taker