Zoning Board – Meeting Minutes
Wednesday, August 4, 2021 - 6:00 p.m.

 

(Governor Daniel J. McKee’s Executive Order 20-46 expired on July 23, 2021, thereby

requiring public bodies to meet 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 6:00 p.m.

 

B.     ROLL CALL AND REVIEW OF STAFF ATTENDANCE

 

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

 

Members Absent:      Alternate Member Dawn Robinson

 

Staff Present:             Zoning Official Nathan Reichert, Minute Taker Stephanie LaSota, Assistant Solicitor for Planning & Zoning Todd J. Romano, Esq., and Information Technology Technician Michael Harris

 

Court Reporter Meredith Fortune was also present at the meeting. Mr. Pawelkiewicz read into the record the rules of procedure for hearing applications at the Zoning Board.

C.    APPROVAL OF MINUTES

1.  July 7, 2021 – Mr. Brockway made a motion to approve the July 7, 2021 Zoning Board minutes as submitted. Mr. Cioppa seconded the motion. The motion CARRIED unanimously with no abstentions.

D.    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.    South County Cultivators, Inc., 71 Quarry Road, AP ‘55’ Lot “1” - Withdrawal pursuant to settlement.

Mr. Reichert explained the final approvals for South County Cultivators, Inc. were reached by the Town and the applicant’s legal counsel requested the application be withdrawn.

Mr. Torres made a motion to withdraw the South County Cultivators, Inc., 71 Quarry Road, AP ‘55’ Lot “1” application. Mr. Brockway seconded the motion. The motion CARRIED by unanimous vote with no abstentions.  

 

2.    Christopher Sisco, 59 Shore Road, AP ‘151’ Lot ‘89’ – Withdrawn with final approval of Dimensional Modification July 30, 2021

 

Mr. Reichert explained the dimensional modification permit could be issued tomorrow as the applicant achieved the required criteria and no longer needs a Variance application approval.

Mr. Russo made a motion to withdraw the Sisco, 59 Shore Road application. Mr. Brockway seconded the motion. The motion CARRIED by unanimous vote with no abstentions. 

 

3.    Nordstrom, 2 Spray Rock Road, AP ‘169’ Lot ‘3’.  Continue to September 1, 2021 pursuant to briefing schedule.

 

Mr. Reichert reminded the Board that the Zoning Office has received several legal briefs for the application and the Board should have enough time to process that information by the September 1 public hearing. Atty. Romano said the Board will electronically receive his legal memo on the application within two weeks and there will also be a copy in their next meeting packet.

 

4.    Genese, AP ’48’ Lot ‘104’, 103 Oak Street (2) Lot subdivision requiring a frontage variance. (§260-33) Dimensional Variances.

 

Mr. Reichert said the Genese application requires a Planning Board recommendation to the Zoning Board and the Planning Board will hear the application at their August meeting.

Mr. Cioppa made a motion to open the public hearing for the Genese application and to continue it to the September 1 Zoning Board meeting. Mr. Brockway seconded the motion. The motion CARRIED by unanimous vote with no abstentions.   

            Mr. Reichert said the Board should receive a paper copy of the September 1 meeting packets by the end of next week.

 

E.     APPROVAL OF DECISIONS –

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

 

 There were no approval of decisions to review.

 

F.     PUBLIC HEARINGS Continued Business –

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

 

1.    Casey Winslow, 19 Babcock Road, AP ‘117’ Lot ‘95’Appeal of the decision of the Department of Public Works for the approval of a curb cut. (§260-38) Right to Appeal.

 

Continued to September 1, 2021

 

G.    PUBLIC HEARINGS –

Appeal to the Zoning Board of Review – Consider, discuss, and act upon appeals.

 

            There were no public hearing appeals on the agenda.

 

H.    PUBLIC HEARINGS NEW BUSINESS –

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

 

1.    Gobel, AP ‘151’ Lot 27N’, 4 Oyster Cove Road Construction of a single- family residence requesting a height variance (§260-33) Dimensional Variances

 

Mr. Reichert explained the application request for a height Variance to permit construction of a new home. He said the applicant’s topography analysis revealed a hardship due to the unique characteristics of the lot, explaining that there is essentially a hole in the rear of the property. The applicant seeks to build a home that allows water to drain away from the house, which means the structure must be elevated to maintain a positive grade. Mr. Reichert supported the approval of the application.

Anthony Nenna, project engineer and principal of On-Site Engineering, 3 Crestview Drive, Westerly was sworn in for public testimony. Project architect John Patrick Walsh was also present at the public hearing. The property owners, Steven and Jean Gobel, were in attendance via Zoom. Mr. Gobel, of 16 Red Gap Road, Wilbraham, Massachusetts was sworn in for public testimony. He expressed that he and Ms. Gobel are thrilled with their property purchase and are eager to become full-time residents of Westerly. He said they have met with the homeowner’s association and have their blessing in writing on the house plans, including the requested Variance. Mr. Gobel said they have also met with their future neighbors, who are supportive of the proposed construction.

Mr. Nenna explained the history of the property. He said the property is in an MDR-30 Zoning district but because of the creation of the cluster subdivision, it changes the front and side setback requirements, which are less than MDR-30 setbacks. He referenced Exhibits A and B from the application submission; a copy of the subdivision plan and an enlarged view of the subject property – lot 14. He said the lowest part of the lot where the driveway enters will be filled. He said that existing elevation is 85 feet and will be filled to 92 feet to allow for positive drainage from the driveway and house to the rear of the lot. Mr. Nenna proposed an area for roof water discharge to underground infiltration. He explained that in the existing area water now flows to the southwesterly corner of the lot, lower than the neighbor to the west, and would have to fill to almost 5 feet to spill over. Mr. Nenna explained it was necessary to raise the foundation high enough to get positive drainage away from the proposed home. He said if it were built any lower, water would enter the garage level. Mr. Nenna read into the record a letter dated August 2, 2021 from the No-Bottom Home Owner’s Association approving of the application request to the Zoning Board.

Mr. Walsh, a registered architect in Rhode Island, with an office at 9 Canal Street, Westerly, was sworn in for public testimony. Mr. Russo asked if changing the first-floor ceiling height from 9 to 8 feet and dropping the pitch of the roof could decrease or eliminate the Variance request. Mr. Walsh explained that a 9-foot ceiling for a home of this caliber is typical for a first floor. He said the second floor is designed at 8 feet. He explained that even if they change the pitch of the roof, it will not change the overall height of the second floor because they still have an 8-foot ceiling planned. Mr. Walsh elaborated that the architectural and roof design is characteristic to that neighborhood and emphasized that the HOA approves it. He repeated that the hardship is because of the lot and not the proposed design. Mr. Walsh referenced architectural sheet 2.4, showing the proposed street elevation, which is 29 feet up. He said the design was created so that the home would not appear to be towering over the street and because the lot drops in the rear it will not appear as if it required a height Variance. Mr. Walsh said one could notice it from behind the house but changing any design in the plan would change the quality of the home.  

In closing, Mr. Nenna reiterated that the applicant’s hardship is due to the lot’s characteristics since they are part of an approved cluster subdivision that reduces the lot in size and setbacks. He said if the Variance is not granted, the owner will suffer more than a mere inconvenience and if they must drop the structure two feet, the drainage from the surrounding area will come into the basement and garage level.

Mr. Brockway asked if a pond would be created if the house is built and the hole stops draining. Mr. Nenna said no because they filled it enough to promote positive drainage to the rear of the lot. He said there will be some infiltration.

There were no public comments. In a poll of the Board, all members were in favor of the project. Mr. Nenna thanked Mr. Reichert for his help with this challenging application.

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

Mr. Torres read into the record the details of the Gobel application’s request for a two-foot height Variance to construct a single-family four-bedroom home with an attached covered screen porch and attached garage at 4 Oyster Cove, including the details of the site plan and the testimony given at the public hearing, and made a motion to approve the two-foot height Variance request with no conditions. Mr. Russo seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

3.    Gugliotti, AP ‘165’ Lot ‘178’ 48 Montauk Avenue Construct a (16’x 30’) detached garage. (§260-33) Dimensional Variances

 

Mr. Reichert explained the details of the application and that the size of the proposed garage is dictated by the lack of existing space to construct it. He reviewed that the applicant has applied for a Variance based on accessory structure setbacks and any potential second-floor use. He said they would not be allowed to build more than 20-feet tall and could not have two stories. Staff concluded that what is proposed within the planned loft area does not constitute an additional floor of use.  Mr. Reichert supported the application.  

Anthony Nenna, project engineer and principal of On-Site Engineering, 3 Crestview Drive, Westerly was present on behalf of the project and sworn in for public testimony. The applicant, Rocco Gugliotti, was also present. with his wife. Mr. Gugliotti, of 48 Montauk Avenue, was sworn in for public testimony. He explained he originally wanted a two-car garage but planned for additional space to allow for extra storage and a work area for home and mechanical projects.

There was no public comment.

In a poll of Board members, Mr. Torres said he was not in favor of the application as the burden of proving it was the least relief necessary had not been proven. He said he would be ok with a smaller Variance but would like the proposed garage to be narrower. All other Board members were in favor of approving the application as the applicant does not have a basement in the home for storage.

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

Mr. Russo read into the record the details of the Gugliotti application for a five-foot left side yard accessory structure setback Variance request and made a motion to approve the application with the following conditions: the attic of the garage may be used only for storage and not finished as habitable space and further improvement of that space will trigger additional Zoning relief as it would change the setback requirements. Mr. Torres seconded the motion. The motion CARRIED by a 4 to 1 vote with Mr. Cioppa, Mr. Brockway, Mr. Pawelkiewicz, and Mr. Russo voting yes and Mr. Torres voting no.

 

I.       STAFF COMMENTS

The Board discussed future meeting attendance and possible Covid-19 regulation requirements.

J.      Applications Declared Complete, Waivers Granted and Scheduled for Public Hearing at the Wednesday September 1, 2021 Zoning Board Meeting. Informational no action to be taken.

 1.    Ryan Almeida, AP ‘46’ Lot ‘57’, 87 Pierce Street (2) Lot subdivision requiring a side yard variance. (§260-33) Dimensional Variances.

 

2.    Christine & Richard Harris, AP ‘154’ Lot ‘20’, 28 Harbor Drive Permit a previously constructed deck, requesting (2) side-yard variance’s (§260-33) Dimensional Variances

 

3.    Deborah & Robert Alberga, AP ‘168’ Lot ‘189’, 43 Montauk Avenue Stairway change during construction requiring a front yard variance (§260-33) Dimensional Variances

 

4.    Centrica Business Solutions, AP ‘119’ Lot ‘5A’ 67 Tom Harvey Road -B Street Installation of a ground mounted solar array (§260-34) Special Use Permit

K.    ADJOURNMENT

(Next Regular Meeting is September 1, 2021, 6:00 P.M. at Westerly Town Hall and Zoom) - Mr. Brockway made a motion to adjourn the meeting at 7:38 p.m. Mr. Torres 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 September 1, 2021