Zoning Board – Meeting Minutes
Wednesday, November 4, 2020 - 7:00 p.m.

*** Pursuant to Executive Order 20-05 dated March 16, 2020 as extended ***

This meeting was conducted electronically and in person.

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.    PLEDGE OF ALLEGIANCE –

Mr. Torres lead the Pledge of Allegiance.

 

C.    ROLL CALL AND REVIEW OF STAFF ATTENDANCE

 

Members Present:     Chairman Walter Pawelkiewicz, Members Larry Cioppa, Doug Brockway, Jeffrey Russo, and Alternate Member James Torres

 

Members Absent:      Vice Chair John Ornberg

 

Staff Present:            Zoning Official Nathan Reichert, Minute Taker Stephanie J. LaSota, Assistant Solicitor for Planning & Zoning Todd J. Romano, Esq., and Director of Information Technology Marc Tate

 

Mr. Pawelkiewicz noted that a Board member was excused from tonight’s meeting and Mr. Torres would be voting as a full member.

 

D.    APPROVAL AND REVISION OF MINUTES

 

1. October 7, 2020 – Mr. Russo made a motion to approve the October 7, 2020 meeting minutes. Mr. Cioppa seconded the motion. Mr. Torres asked that Ms. LaSota check the last line of the third paragraph on page four for clarity. Mr. Russo amended his motion to accept Mr. Torres’ comments on the minutes and the motion CARRIED by unanimous vote with no abstentions.  

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

 

E.    CHANGES TO AGENDA

Review, discussion, and possible action by the Planning Board on changes to the agenda - on the order in which items will be heard or known continuances.

 

1.       Strassburger, 1 Pasadena Avenue AP ‘162’ Lot ‘125’ Applicant requests to withdraw.

 

Mr. Reichert said staff recommend the Board accept it the applicant’s withdrawal request.

Mr. Brockway made a motion to accept the withdrawal of the Strassburger application. Mr. Torres seconded the motion. The motion CARRIED by unanimous vote with no abstentions.  

 

F.     APPROVAL OF DECISIONS –

Consider, discuss, and act on application decisions referred to staff for writing.

 

1.       Basile, 55 Sherwood Drive. AP ‘120’ Lot ‘33’ Accessory Apartment Special Use Permit (§260-34).

 

Mr. Pawelkiewicz reviewed that the Basile application decision was drafted by staff as directed by a motion at the October meeting.

Mr. Torres read the written decision into the record and made a motion to approve the Basile application for a Special Use Permit for an accessory apartment. Mr. Cioppa seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

G.   PRE-APPLICATIONS –

Schedule public hearing date for application(s.) Consider and approve application waivers.

 

1.    Rudemyer, 89 Winnapaug Rd., AP ‘152’ Lot ‘110’ Addition of a second story to an existing structure, Dimensional Variance (§260-19).

 

Eric Posillo, a builder for the application, was present on behalf of the application and requested a waiver for item C.

Mr. Russo made a motion to accept the waiver of item C for the Rudemyer application and to schedule the public hearing for Thursday, December 3, 2020 at 7:00 p.m. The motion CARRIED by unanimous vote with no abstentions.

 

2.       Zoey Watch Hill, LLC, 14 Larkin Rd., AP ‘185’ Lot ‘30’ Elevate, renovate, add a second floor with rear deck, reconfigure first floor rear deck, add a roof deck and make the home compliant with FEMA flood zone requirements (§260-19) Dimensional Variances.

 

Attorney William Nardone, with offices at 42 Granite Street, Westerly, was representing the applicant and explained the application is for dimensional variances and they are requested one waiver for the biologist letter.

Mr. Russo made a motion to grant a waiver for item C for the Zoey Watch Hill application and to schedule the public hearing for Thursday, December 3, 2020 at 7:00 p.m. Mr. Cioppa seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

3.       Toppi, 58 Uzzi Avenue, AP ‘164’ Lot ‘109’ Addition of a front and rear yard deck (§260-19) Dimensional Variance

 

Pamela and Dean Toppi, of 58 Uzzi Avenue, were present on behalf of the application and explained the request. They asked for waivers on items C and D.

Mr. Brockway made a motion to grant waivers for items C and D and to schedule the public hearing for Thursday, December 3, 2020 at 7:00 p.m. Mr. Torres seconded the motion. The motion CARRIED by unanimous vote with no abstentions. 

 

 

H.    PUBLIC HEARINGS CONTINUED BUSINESS –

Consider, discuss, and act on application(s).

 

1.    Quarry Hill Properties, LLC, 61 Ledward Avenue, AP ‘68’ Lot ‘48’ Ministorage w/ rooftop solar array. Dimensional Variance (§260-19), Special Use Permit (§260-34) Continued from October 7th 2020. Clarify Environmental Study.

 

Mr. Reichert said the applicant has contacted an environmental scientist to work through the questions from the Board’s request issued in October; a motion to approve and bring forward a phase 2 environmental study on the property. Mr. Russo read into the record a definition of phase 2 and the requirements and said he would share a written copy with the applicant. There was a great deal of discussion with the applicant’s attorney and civil engineer regarding the requirements of a phase 2 environmental study and what would be acceptable to the Board for this application.

Attorney John Payne, with offices at 46 Granite Street, Westerly, was present on behalf of the application. Anthony Nenna, civil engineer and principal of On-Site Engineering, was sworn in for public testimony. Mr. Nenna explained the discussion he had with a professional geologist regarding the application and shared the proposed plan for the property; to take a minimum of four samples and test them with stated parameters. Mr. Pawelkiewicz and Mr. Russo agreed the proposal sounded reasonable. Mr. Nenna said he and the professional geologist would supervise the work. Mr. Brockway said according to his recollection of the October conversation, the concern about this had something to do with the quarry nearby and that would seem to be related to groundwater. Mr. Russo said that was not his concern. Mr. Nenna said the quarry was referenced in the stormwater management discussion. Mr. Russo asked that the results of the testing be presented to the Board before next steps are taken in the project. There was some further discussion of the project procedure and the requested traffic study. Atty. Payne said he called the traffic engineer who is in the process of finishing a report and that will be submitted with the environmental report to the Board before the December meeting.

Mr. Cioppa made a motion to accept the Quarry Hill Properties, LLC. proposed study as explained at the meeting instead of a full phase 2 environmental assessment and to continue the public hearing to Thursday, December 3, 2020 at 7:00 p.m. Mr. Russo seconded the motion. The motion CARRIED by unanimous vote

 

I.      PUBLIC HEARINGS NEW BUSINESS –

Consider, discuss, and act on application(s).

 

1.    Amaral, 134 Potter Hill Rd. AP ‘13’ Lot “1-12’ Accessory Apartment Special Use Permit (§260-34).

Mr. Reichert said given the actions of the Town Council last Monday this could be the last application for a Special Use Permit for an accessory apartment before the Zoning Board, which is a good thing. He said he preemptively drafted a decision for the Board and the application is for a house currently under construction. Paul Amaral was present on behalf of the application and explained he and his wife, Sherry, would live in the accessory apartment and his daughter Nicole and her family would live in the main home. Mr. Cioppa said he reviewed the applicant’s paperwork and supports the application and is prepared to make the motion.

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. Cioppa read into the record the details of the Amaral application and made a motion to approve the Special Use Permit application. Mr. Torres seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

J.     STAFF COMMENTS

 

1.     Update on Zoning Ordinance changes: consider, discuss and possibly schedule a workshop.

 

Mr. Reichert shared that Westerly Town Council adopted a Zoning Ordinance package approximately 58 pages long on October 26. He thanked the Zoning Board for their input on the amendments. He explained there were some items left out of the approval, such as language relevant to golf courses, but the Town Council did arrive on an agreement with the Watch Hill Height question. He said the changes will redefine how the Board will do business in the next couple of months. Mr. Pawelkiewicz said it is a good idea to have a workshop on this subject.

 

2.     Election of 2021 Zoning Board Chair is scheduled for December 3, 2020 meeting.

 

Mr. Reichert said the Board needs to elect the Chairman and Vice Chairman. It was discussed that Mr. Pawelkiewicz was willing to serve as Chairman again. Mr. Pawelkiewicz said he would ask Mr. Ornberg if he would like to serve as Vice Chairman again.

 

3.     Schedule for 2021 meeting dates and filing deadlines– consider, discuss and possibly approve.

 

Mr. Reichert and the Board discussed submission deadlines for Zoning applications and that he would work to get meeting packets to the Board at least a month before a meeting.  

Mr. Torres asked how the public finds out about administrative actions by the Zoning Office. Mr. Reichert said there is not a public notification for in-law apartment approval, for example, and that Zoning change is an example of Town law being aligned with State law. Mr. Reichert said any decision he makes can be appealed to the Board. Atty. Romano said the preapplications will be proceeding under the new Ordinance but he doesn’t think any are applicable. He said the Quarry Hill Properties, LLC. application is still operating under the old Ordinance. Mr. Cioppa asked the important changes to the Zoning Ordinance be prepared in an outline for the Board in advance of a workshop. There was agreement that the Board discuss at the workshop public awareness of Town Zoning decisions, as well as the definition of hardship in applications.

Mr. Torres made a motion to schedule a Zoning Board workshop to discuss the Zoning Ordinance amendments on Thursday, December 3, 2020 at 5:30 p.m. before the 7:00 p.m. regular scheduled meeting. Mr. Russo seconded the motion. The motion CARRIED by unanimous vote with no abstentions.  

 

4.     Change monthly meeting start time from 7:00 P.M. to 6:00 P.M – consider, discuss and possibly approve.

 

Mr. Reichert reviewed the December 2020 meeting schedule as well as some dates for 2021 outlined on the Zoning Board calendar. He said deadlines need to shift a month in order for him to have a completed packet available for the Board a month before the regular monthly meeting.

Mr. Russo made a motion to approve the 2020/2021 meeting calendar with the date changes as discussed. Mr. Torres seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

Mr. Brockway made a motion to change the Zoning Board’s monthly meeting start time from 7:00 p.m. to 6:00 p.m. with a deadline of 9:00 p.m. to hear the last application. Mr. Torres seconded the motion. The motion CARRIED by unanimous vote with no abstentions. 

There was discussion on applicants and objectors bringing additional materials to a Zoning Board meeting on the day of a public hearing and that it is in the Board’s purview to accept materials and continue a meeting or not.

Mr. Pawelkiewicz thanked everyone who worked on the amendments to the Zoning Ordinance and said he’s happy those changes were made to save time and resources for the Town and applicants.

 

K.    ADJOURNMENT –

 Mr. Torres made a motion to adjourn the meeting at 8:18 p.m. Mr. Brockway 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 November 4, 2020