Zoning Board – Meeting Minutes
Wednesday, October 7, 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.

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 ALLEGIENCE

Mr. Cioppa lead the pledge of allegiance.

 

C.    ROLL CALL AND REVIEW OF STAFF ATTENDANCE

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

 

Members Absent:      None.

 

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

 

D.    APPROVAL AND REVISION OF MINUTES

1.      September 2, 2020 – Mr. Brockway made a motion to approve as submitted the September 2, 2020 minutes. Mr. Ornberg seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

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.      Hvolbeck, 2 Leeward Drive – Withdrawal.

 

Mr. Cioppa made a motion to accept the withdrawal of the Hvolbeck application. Mr. Ornberg seconded the motion. The motion CARRIED by unanimous vote with no abstentions.  

There was brief discussion that the Barnard, 6 Franklin Street, AP ‘77’ Lot ‘402’ application for the placement of an accessory structure, Dimensional Variance (§260-19), which was continued from the September 2, 2020 meeting has also been withdrawn. Mr. Brockway made a motion to withdraw the Barnard application from the Zoning Board agenda. Mr. Ornberg 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.  McLeod, 5 Wompag Road, AP ‘123’ Lot ‘34’ Accessory Apartment Special Use Permit (§260-34)

 

Mr. Reichert previously submitted to the Board a simple draft motion for the application submission to be approved.

Mr. Cioppa made a motion to accept the McLeod application. Mr. Russo 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.      Amaral, 134 Potter Hill Rd. AP ‘13’ Lot “1-12’ Addition of an accessory apartment, Special Use Permit (§260-34).

 

Paul Amaral, owner of the property, was present on behalf of the application requesting waivers for items C, D, E, F, and G.

Mr. Brockway asked the applicant who would reside in the home. Mr. Amaral said he is a father and he lives in Pawcatuck and his daughter lives in Westerly. He said he wants to build a home with an in-law apartment and he would live in the apartment and she would live in the larger portion in the future.

Mr. Amaral made a motion to grant waivers C, D, E, F, and G and schedule the public hearing for November 4, 2020. Mr. Russo seconded the motion. 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 of Review.

 

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

 

There was no one present at 7:11 p.m. on behalf of application. The Chair resumed discussion of the Rudemyer preapplication at 10:19 p.m. There was brief discussion on the November agenda.

Mr. Cioppa made a motion to continue the Rudemyer preapplication to the November 4, 2020 Zoning Board meeting. Mr. Brockway 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 (§26034) Continued from September 2, 2020.

 

Mr. Reichert explained the application for the Board. He said it requires a Special Use Permit for the use as mini storage and a Dimensional Variance for a series of setback requirements. He described the location and Zoning of the property as well as various abutting properties. He said he included the Architectural Review Board’s (ARB) comments and recommendation in the Zoning Board packet. The application received a positive Master Plan recommendation from the Planning Board to the Zoning Board, he said. Mr. Reichert said items that should be discussed tonight are the business hours of operation, daily usage of the property, traffic, and the lighting plan. He said the applicant will submit a sign package in the future likely for administrative approval. Mr. Reichert said the site is formerly in the Aquifer Zone, however due to updated State aquifer citing it does not include this Zone and the Planning Board granted the property an exception.

Present on behalf of the application was Attorney John Payne, Jr., with offices at 46 Granite Street, Westerly. He explained that the property is currently used as a mechanic’s garage with one main structure and approximately 70 or 80 cars are on the property in various states of repair or disrepair. He says it will be a better aesthetic use of the property. Tony Nenna, professional engineer and principal of On-Site Engineering, Inc., 85 Beach Street, Westerly, was sworn in for public testimony.  

Mr. Nenna introduced exhibits to the Board of an aerial GIS photograph and a Zoning map with an aerial GIS image imposed on it. He described the property location on the map. He further described the site plan for the project and the recommendation of the Westerly Fire Chief for the location of egress. Mr. Nenna explained Rhode Island Department of Environmental Management (RIDEM) needs to review the plan to issue a Water Quality Certificate. He said the drainage system is designed for a 100-year event. There was further discussion of the lighting plan already reviewed by ARB and the Planning Board, who recommended 3,000k bulbs to produce soft white light. He said the lights will go off when the facility is closed but there will be some security lights on motion sensors. There was further discussion on the setback requirements and the landscape plan. It was said that the applicant plans to plant five-foot-high arborvitae trees that will grow to the recommended 10 to 13 feet high over a few years. Mr. Russo and Mr. Cioppa advised the trees to be taller than five feet when planted. There was further discussion of the ARB recommendation to the Zoning Board.  

Mr. Russo inquired about soil testing on the site. Mr. Nenna said phase one site assessment would address some of those concerns.

Atty. Payne said the proposed hours of the facility are 7 a.m. to 8 p.m. and lights will shut off at 8 p.m. He said any future signage will be minimal.  Mr. Nenna explained that the inverter for the solar panels will be mounted on building three. He said utility pole number 12 in the middle of the property will have underground utility line running from its transformer to the building three inverter. The inverter will generate 65 decibels, which complies with the Noise Ordinance for Residential areas, and is slightly louder than a dishwasher or running shower, Mr. Nenna said. He said the proposed landscaping will buffer some of the noise and the inverter is 110 feet from the nearest home. He said there are two inverters for the whole system and they will only run when there is sunlight and will be silent at night. There was discussion on what activities were allowed in the storage units and items to be stored.

Property owner Sam Bliven was sworn in for public testimony. Mr. Bliven said he made sure National Grid would accept the solar panel tie in to the grid once the plan is approved. He said he could provide a written document to the Board stating that. The Board requested the document from National Grid be sent to the Zoning Official within 14 days. Regarding storage facility safety, Atty. Payne said Mr. Bliven will have contracts in place with customers to let them know what is and what is not permitted on site to ensure safety. Mr. Bliven said this was his first storage unit business.

Lela Couture, of 62 Ledward Ave, said she lives directly across from the project. She asked about the project’s sewer connection and how water runoff may affect her property. Mr. Nenna said they will extend a sewer force main and tie it into Town sewer. He said he doesn’t believe Ms. Couture is required to tie in to Town sewer if she doesn’t want to. She said she is concerned of the expenses of that requirement as she has 344 feet of frontage and she presently uses a septic system. Ms. Couture asked how traffic would increase on Ledward Avenue and she named various businesses nearby that already contribute to traffic. She said the road is only 19 feet wide and it is hard for a truck and car to pass at the same time. Mr. Bliven said most of the vehicles accesses the proposed facility would be pick-up trucks or 10-foot moving vans. In discussion of noise concerns with Ms. Couture, Mr. Bliven said you won’t be able to detect the inverter noise and said the project will be an improvement to the property for neighbors. He said he thinks the proposed operating hours are typical for a business of this type. Ms. Couture said she is more concerned about the traffic. Mr. Bliven reiterated the lighting plan that Mr. Nenna spoke of earlier in the meeting. Ms. Couture said she is not happy about the project.

Michael Dipollino, of 55 Ledward Avenue, an abutting neighbor of the property, said he is concerned about the traffic and lighting and doesn’t understand how the project will connect to the Town sewer. Mr. Nenna explained the whole street is gravity fed and they will extend the force main up the street and install a sewer pump. Mr. Dipollino said he wasn’t notified about the project and he heard about it from neighbors. He said he was concerned about the proximity of the project to his own commercial business, which is still Zoned residential. He said the arborvitaes planted at five-feet tall will take eight years to cover the light and noise from the site. Mr. Dipollino said he values his property and when he retires, he wants to make it a living space and would have to deal with the Variance and the project being 10 feet away from his property. Mr. Ornberg noted one of the site drawings shows one storage unit ten feet from Mr. Dipollino’s property line but one Mr. Dipollino’s existing buildings is already five-feet from the property line. He said that building was existing.  

Jonathan Chimene, of 46 Ledward Avenue, said as homeowners with an 11-year-old son and other neighbors with kids, they are all concerned with any traffic increase and the increased light. He voiced his support of the two neighbors who spoke in person at the meeting. Mr. Chimene spoke via Zoom against the project as planned and designed.

Mr. Reichert explained the traffic study was waived at the preapplication hearing and staff felt the project would not have a significant traffic impact on the area. Mr. Reichert said Zoning staff discussed it in comparison to the existing use. He said if the Board likes, they can request a traffic study be conducted before approval. Mr. Brockway said he would be in favor of that. Mr. Ornberg asked how a study would be conducted. Mr. Reichert explained the protocol according to Item F in the Special Use Permit application. Mr. Nenna said he did research through the Institute of Traffic Engineers and included some of that data in the application. He said according to the data, 10 to 12 percent of the traffic of a typical ministorage facility takes place between 11 a.m. and 1 p.m. and 4 p.m. to 8 p.m. He said considering the other commercial uses in the area, the storage facility would represent about 12 percent of the total traffic volume. There was further discussion on the project’s potential effects to Mr. Dipollino’s property.  

Mr. Russo said he’s not willing to give recommend the project without some conditions such as a soil test for contaminated soils before any activity begin and a traffic study based on the parameters Mr. Reichert outlined. Mr. Cioppa said in addition to those conditions, he would want the arborvitae plantings to be 10 to 13 feet high when planted, the business hours of operation from 7 a.m. to 8 p.m. to be submitted in writing, and he also wants to see the document from National Grid accepting the solar panel connection to the grid. Mr. Ornberg said he is in favor of the application with the conditions mentioned. Mr. Brockway said he is in favor of the conditions, but would like to make sure that a mitigation plan as a result of a soil test be resolved before construction begins, and he wants the arborvitae height to be continuously maintained at the recommended height, and he wants the results of a traffic study to show a decrease or no change in current traffic. Mr. Torres agreed with Mr. Brockway’s additions to the proposed conditions. Mr. Pawelkiewicz proposed they continue the public hearing and ask the applicant to do a traffic study before they grant the Variances and they can reschedule. Mr. Pawelkiewicz said it doesn’t make sense to make a traffic study a condition.

Mr. Russo made a motion to continue the Quarry Hill Properties, LLC, 61 Ledward Avenue, AP ‘68’ Lot ‘48’ public hearing to November 4, 2020 with two stipulations; that the applicant provide the results of a traffic study and a soil test along with a mitigation plan if there were contaminants found in the soil. Mr. Brockway seconded the motion. Mr. Russo amended his motion to include the requirement of a letter from National Grid accepting the proposed project’s tie in to the grid. In discussion, Atty. Payne said his client’s concern is that mechanic shop is still operating. Mr. Reichert explained that typically there is a Phase 1 environmental assessment, which triggers a Phase 2 assessment, which is what the Board should request. Mr. Russo made a motion to amend his original motion to include a request for a Phase 2 environmental assessment of the property to understand potential contaminants, as well as the requirement of a letter from National Grid accepting the proposed project’s tie in to the grid. Mr. Brockway seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

2.      Narragansett Electric Company, 14 & 18 Canal Street, AP ‘56’ Lots ‘26 & 27’ Change of use to commercial off-street parking, Special Use Permit (§260-34) Continued from September 2, 2020.

 

Present on behalf of the application were Attorney Christine Dieter, Matthew Caulfield, of GZA GeoEnvironmental, Inc., Amy Willoughby, of National Grid, Peter LaPolla, a professional planner, and Todd Brayton, of Bryant Consultants. Mr. Reichert explained the application.

Atty. Dieter thanked the Zoning Official for the review and the Board for their time. She said the Planning Board approved their request for a combined Master and Preliminary Plan review and gave a positive recommendation on the project to the Zoning Board. Mr. Caulfield, a registered professional engineer, was sworn in for public testimony, and gave information on his professional background. Mr. Caulfield shared images of the site plan. He provided details on the project and said it would be environmentally compatible with neighboring properties and has a landscape plan. Mr. Caulfield said the site as designed will not be detrimental to the town environmentally. Mr. Reichert said a packet of information from the applicant arrived late last week, which also included resumes of the experts present tonight and a report. The documents were entered into the record as Exhibits 1, 2, 3, and 4. Atty. Dieter asked Mr. Brayton to testify. Mr. Brayton, a registered professional engineer and the Director of Operations for Bryant Associates, Lincoln, RI, was sworn in for public testimony. Mr. Brayton said the conversion of the site to a parking lot will have minimal impact on the area. He described the location of the property and shared details of how the traffic study was conducted. Mr. LaPolla, an urban community planner, was sworn in for public testimony. Mr. LaPolla said he retired from planning in 2018 and provides consulting services for development projects. He reviewed that the project was consistent with Westerly’s 2020 Comprehensive Plan and Zoning Ordinance. Mr. LaPolla said Westerly has a 2010 plan and is in process of adopting 2020 plan and he reviewed both about this project. He said the project proposes a reuse for an under-utilized parcel of land by adding 104 parking spaces to address community parking needs, which is important, especially near the Westerly Train Station.

Ms. Willoughby was sworn in for public testimony. She said it is National Grid’s intention to include the maintenance of the property within the lease. She gave a description of the fence placement on the property.

Mr. Pawelkiewicz called a recess at 9:06 p.m. and called the meeting back to order at 9:14 p.m.

There was further discussion on the stormwater treatment plan for the site. In a poll of the Board, all members were in favor of the application.

Mr. Brockway made a motion to close the public hearing at 9:22 p.m. Mr. Russo seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

Mr. Ornberg read into the record the details of the application for Narragansett Electric Company, 14 & 18 Canal Street, AP ‘56’ Lots ‘26 & 27’, including the documents entered into the record and testimony given at the October 7, 2020 public hearing and a motion to approve the application. Mr. Russo seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

3.      Strassburger, 1 Pasadena Avenue AP ‘162’ Lot ‘125’ Addition of Flood Zone Compliant pool, pool house and deck. Dimensional Variance (§26019). Continued from September 2, 2020.

 

Mr. Reichert explained the application to the Board. He said staff is supportive of the application. He said there was a slightly revised plan provided to the Board after the applicant handled an issue with an abutting neighbor, which was the reason it was continued last month. Mr. Torres asked why the total project wasn’t presented in 2018. Mr. Reichert said it has been designed in phases.

Attorney Joseph DeAngelis, with offices at One Citizens Plaza, Providence, RI, was present to represent the applicants Philip and Brandy Strassburger. He explained that the applicants are seeking two Variances for the project. He said the structure is an addition rather than an accessory use. He said the application evolved and was originally for a larger pool but the client has decreased its size. Attorney Thomas Ligouri, with offices at 85 Beach Street, Westerly, was present on behalf of the Beattie Trust, abutting property owners to the applicants. He said the Strassburgers and Beatties reached several agreements; a reduction of the rear Variance to 20 feet, retaining the same corner side setback, reduces first level elevation of the addition to a 15-foot elevation, lowering the pitch of the roof by two feet and eliminating the cupula. He said all the changes are designed to make the addition not as prominent, as the Beattie’s initial objection was that the project added bulk. He said the landscape plan includes 8 to 10 feet tall arborvitaes at planting.

Brandy Northcuts, of 55 Waterview Way, Stanford, Connecticut, was sworn in for public testimony. She said she owned the property with Philip Strassburger. She said she was employed in marketing by Johnson & Johnson and Mr. Strassburger is an attorney. Ms. Northcuts said the pool is for health and exercise and the addition is for space to work from home. Atty. DeAngelis entered into the record Exhibit 1 for the applicant. Mr. Brockway asked the applicant to express the hardship for the application. Ms. Northcuts said they need the space to work now that they are not going into the office on a regular basis and the use of the pool is for her husband’s health. She said the structure is referred to as a pool house in the application, but it is designed as an addition to the home. She said it is a 13 by 15 space that needs to be on pilings because of the flood zone. Atty. DeAngelis said when this project was first envisioned by his clients, they required a Variance for the pool and now they no longer require this, but the term “pool house” still stuck in the project. Ms. Northcuts said they have to work out access to the addition with the architect as it is detached from the main structure of the home. Mr. Russo noted that the only egress from the addition is to the upper deck. Mr. Reichert said by definition it would be considered an addition because it within six feet of the primary structure. Mr. Russo said you cannot use the addition without going outside. There was further discussion on the definition of an accessory structure and addition. It was clarified that the September 2020 amendment to the project is the plan under discussion tonight.

Attorney Jerry Petros, with Hinckley Allen, Providence, was present to represent the Watch Hill Conservancy. He stated the documents available online were not the same as the ones under discussion at the public hearing and he was not aware of the changes in the plans. He said he doesn’t think proper notice was given under the law for this hearing. He said if the application goes forward it has to be advertised again and the public should be provided with a new application. Atty. DeAngelis said the application was pending for many months and the only objector was the Beattie Trust and the applicants met with them and came to a new agreement. He said the plans were filed with the Zoning Official by a certain date. Atty. Romano said Atty. Petros’ point is well taken. He said during hearings plans can change based on input from the Board. Atty. Romano said if Atty. Petros is requesting time to review the changes, he can and that will be up to the applicant, but he doesn’t believe there were any discrepancies in legal notices. Atty. Petros said he got the information today and the changes were not available online. There was further discussion on the details of the application changes. Atty. DeAngelis gave Atty. Petros a copy of the updated application.

Mr. Russo made a motion to continue the Strassburger public hearing to the November 4, 2020 Zoning Board meeting. Mr. Brockway seconded the motion. In discussion, Mr. Brockway said he use of the planned addition doesn’t have anything to do with the Board’s decision. Mr. Cioppa said the reason he brought up the use is they have to consider if there is a hardship and there’s a difference between the two uses; a pool house or an office. Mr. Brockway asked that at the November 4 public hearing, the Strassburger applicants provide a clear representation of the project and its use. Mr. Russo amended his original motion to include that the applicant submit within 14 days supplemental documentation of what the addition is, its proposed use, and to also provide a copy to Atty. Petros. Mr. Brockway seconded the amended motion. The motion CARRIED by unanimous vote with no abstentions.

 

I.       PUBLIC HEARINGS NEW BUSINESS

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

 

1.   Basile, 55 Sherwood Drive. AP ‘120’ Lot ‘33’ Accessory Apartment Special Use Permit (§26034).

 

Mr. Reichert said they consulted with the applicants, who agreed to allow Zoning staff to draft a formal decision on the Basile application administratively so the applicant will waive the 15-day requirement for a written application decision and the decision will be presented at a November 4, 2020 public hearing.  

Matthew Basile, of 55 Sherwood Drive, was sworn in for public testimony. He said his in-laws, Nina and William Westerman, would be occupying the in-law apartment, and he and his fiancé, Alison Rose Burmeister, would live in the main structure. He agreed to waive the 15-day requirement for a written decision. Zoning staff said they are supportive of the project.

Mr. Cioppa made a motion to close the Basile public hearing and grant the Zoning Official authority to draft an approval for the application to be presented on November 4, 2020. Mr. Russo seconded the motion. The motion CARRIED by unanimous vote with no abstentions.  

 

J.      STAFF COMMENTS

Mr. Reichert said Town Council continued the proposed Zoning Ordinance amendments to October 19 and the next Comprehensive Plan public hearing should be October 14. He asked Board members to review those amendments and have them as an action item next month. He said the Board is also required to have an end of year reelection for Chairman. There was discussion on the Town Council’s schedule for approving the proposed Zoning Ordinance amendments and Comprehensive Plan. Mr. Russo said Town Council said last night they would extract the information on the Golf Course Ordinance to send it back to the Planning Board and staff and possibly move forward on the other amendments. Mr. Reichert said Town Council still needs to take a formal action. He said they are asking Town Council not to slow down the whole plan because of certain parts.

 

K.    ADJOURNMENT

Mr. Brockway made a motion to adjourn the meeting at 10:28 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 November 4, 2020