Zoning Board – Meeting Minutes

Thursday, January 14, 2021 - 6:00 P.M.

 

(Pursuant to Governor Gina M. Raimondo Executive Order 20-100, updated November 30, 2020, this meeting was held via Zoom as all public meetings shall be held virtually, and no members of the public body should be convening in person.)

 

A. CALL TO ORDER

Walter Pawelkiewicz called the meeting to order at 6:00 P.M.

 

B. PLEDGE OF ALLEGIENCE

Alternate Member Dawn Robinson led the Board and meeting attendees in the Pledge of Allegiance.

 

C. ROLL CALL AND REVIEW OF STAFF ATTENDANCE

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

Members Absent:     None

Staff Present:            Administrative Officer/Zoning Official Nathan Reichert, Assistant Solicitor for Planning & Zoning Todd J. Romano, Esq., Information Technology System Administrator Michael Harris, Minute Taker Benjamin Delaney, and Court Reporter Meredith Fortune

 

Mr. Pawelkiewicz read the Board’s Rules of Procedure for hearing applications into the record.

 

D. APPROVAL OF MINUTES

1. December 3, 2020 Meeting – Mr. Brockway made a motion to approve the December 3, 2020 Zoning Board meeting minutes as submitted. Mr. Torres seconded the motion. The motion was CARRIED by unanimous vote with no abstentions.

 

2. December 3, 2020 Workshop – Mr. Russo made a motion to approve the December 3, 2020 Zoning Board Workshop minutes as submitted. Mr. Torres seconded the motion. The motion was CARRIED by unanimous vote with no abstentions.

 

E. CHANGES TO AGENDA

Mr. Reichert presented a request for the continuance of the Public Hearing for the case Zoey Watch Hill, LLC, 14 Larkin Road, to the Board’s February 3, 2021 meeting. The request was made pursuant to ongoing private negotiations between the applicant and an objector. He noted the number of other cases anticipated for that meeting’s agenda and suggested the Board consider a continuance to its March 3, 2021 meeting, which would also allow additional time for the private parties’ negotiations to conclude.

 

Attorney William Nardone, representing the applicant, was present remotely and yielded to the Board’s discretion for a continuance to its March 3, 2021 meeting.

 

 

Mr. Brockway made a motion to continue the Public Hearing for the case Zoey Watch Hill, LLC, 14 Larkin Road, to the Board’s March 3, 2021 meeting. Mr. Russo seconded the motion. The motion was CARRIED by unanimous vote with no abstentions.

 

Mr. Reichert noted that 54 Oak Street on agenda item F3 was a scrivener’s error; the correct street address was 20 Chapman Road.

 

 

F. NOTICE OF APPLICATIONS CERTIFIED COMPLETE

 

 

G. APPROVAL OF DECISIONS

1. Quarry Hill Properties, LLC, 61 Ledward Avenue – Mr. Reichert cited a draft decision had been prepared by Staff, pursuant to the Board’s request. He requested the Board accept the draft decision with any additional revisions it may propose.

 

Mr. Cioppa made a motion that the installation of vegetative screening at the front of the property, measuring 12-feet to 15-feet from soil to top, be added as a condition of the draft decision Mr. Russo seconded the motion. The motion was CARRIED by unanimous vote with no abstentions.

 

Mr. Torres made a motion to approve the draft decision as written with the amendment approved. Mr. Cioppa seconded the motion. The motion was CARRIED by unanimous vote with no abstentions.

 

Mr. Pawelkiewicz noted that Mr. Torres was serving as a full member at the meeting.

 

Mr. Torres noted that he would be recusing on one case to be heard at the Board’s February 3, 2021 meeting and sought confirmation that all other members would be attending.

 

All Board members confirmed their intents to attend and Mr. Pawelkiewicz confirmed that Ms. Robinson would act as a full voting member on that case.

 

H. PUBLIC HEARINGS – CONTINUED BUSINESS

 

 

I. PUBLIC HEARINGS – NEW BUSINESS

 

 

J. STAFF COMMENTS

Mr. Pawelkiewicz congratulated Attorney Romano on his reappointment as Assistant Solicitor.

 

1. Election of Officers – Mr. Cioppa nominated Mr. Pawelkiewicz as Chairman. Mr. Russo seconded the nomation. Mr. Pawelkiewicz accepted the nomination and was ELECTED Chairman by unanimous vote with no abstentions.

 

Mr. Pawelkiewicz nominated Mr. Cioppa as Vice Chairman. Mr. Brockway seconded the nomination. Mr. Cioppa accepted the nomination.

 

Mr. Torres nominated Mr. Brockway as Vice Chairman. Mr. Russo seconded the nomination. Mr. Brockway accepted the nomination.

 

On the nomination of Mr. Cioppa as Vice Chairman, the election failed with Mr. Pawelkiewicz and Mr. Cioppa voting for.

 

On the nomination of Mr. Brockway as Vice Chairman, the election failed with Mr. Torres and Mr. Brockway voting for.

 

Mr. Brockway withdrew his acceptance of his nomination and Mr. Russo withdrew his seconding of his nomination.

 

On the nomination of Mr. Cioppa as Chairman, a second election was held, and Mr. Cioppa was ELECTED Vice Chairman by unanimous vote with Ms. Robinson abstaining.

 

2. Review, Discussion, and Possible Action to Approve Changes to Board Rules – Mr. Reichert noted that that Board had received Staff’s comments on proposed changes to the Rules of Procedure for the Board’s consideration. The following discussions were held on the following sections:

 

Interim

Atty. Romano confirmed for Mr. Torres that the duplication of “these rules and procedures” would be eliminated.

 

Section 3.1.3

Mr. Brockway suggested that notice on the Town’s website be added in addition to notice in the local newspaper. Mr. Reichert noted that it was already the practice of staff to provide notice on the Town’s website.

 

Section 3.1.4

Mr. Brockway questioned why the length to approve draft minutes was 35 days. Mr. Reichert stated his recollection that 35 days is the state requirement.

 

Section 5.2       Mr. Brockway noted that the responsibilities of the minute taker were included in both sections 3.1.4 and 5.2 and questioned whether this was redundant. Mr. Reichert stated the repetition was intentional to ensure the clarity of the process. Mr. Brockway suggested adding a time limit into the section and noted the need for a space between “Board” and “and”.

 

Section 6.1

Mr. Torres questioned whether the content of the section remained relevant following the recently approved amendment to the Zoning Ordinance. Atty. Romano confirmed that he would work with staff to revise the language for greater clarity.

 

Section 6.2

Discussion was held regarding Mr. Brockway’s recommendation that abutters’ notifications be posted on the Town website in addition to other notice  requirements. Mr. Reichert confirmed that abutters’ notification documentation was included in the materials uploaded to the Town website for public access.

 

Section 6.4

Mr. Reichert confirmed for Mr. Torres that staff was comfortable with leaving the seven-day requirement as is.

 

Section 7.1

Discussion was held regarding the addition of language to require the Chariman’s, and in her/his absence, the Vice Chairman’s, review and approval of the agenda prior to dissemination to all Board members. Atty. Romano confirmed he would add in language reflecting this and that the Vice Chairman may also add items to the agenda in the absence of the Chairman. Additional discussion was held regarding the setting of agenda items.

 

Section 7.3

Discussion was held regarding the establishment of reciting the Pledge of Allegiance at the start of meetings. Through informal polling, a majority of the Board were in favor of maintaining the practice with the pledge being led by the Chairman.

 

Section 8.3

Atty. Romano confirmed for Mr. Torres that the following language would be added: “In the absence of the first Alternate, the second Alternate will fulfill the duties of the first Alternate.”

 

Section 8.6

Discussion was held regarding the receipt of written, signed declarations for applicants’ representative who were not an attorney at law in the State of Rhode Island and historically weak enforcement of this. Mr. Reichert noted his intent for staff to add a document to the Zoning Application which would fulfill this declaration.

 

Sections 8.7 thru 8.9

Mr. Brockway recommended that the language after “proceedings” be clarified.

 

Section 8.8.C

Mr. Torres questioned if the language “All questioning of witness shall be at the discretion of the chair.” would be better included in section 8.7. Discussion was held requirement for questions of objectors to go through the Chair and points of order.

 

Section 8.15 and 8.16

The Board was in consensus to maintain its informal practice of extending cases with no representative present on a case-by-case basis.

 

Sections 9.2

Discussion was held regarding the state laws requirements that an approval requires at least four votes in favor and that a denial requires at least three votes against.,

 

Section 10.1

Atty. Romano confirmed for the Board that state law does not allow voting members to abstain on a seconded motion for any zoning case.

 

Mr. Cioppa made a motion to recess for five minutes. The motion was seconded by Mr. Brockway. The motion was CARRIED by unanimous vote with no abstentions and the Board went into recess at 8:10 PM.

 

The Board reconvened at 8:15 PM.

 

3. Discussion of Zoning Topics, Best Practices, and Decision Making – Discussion was held regarding the definition and interpretation of hardship and reasonable necessity for enjoyment. Further discussion was held regarding what roles, if any, that general characteristics and resiliency hold in interpreting and determining hardship. Attorney Romano confirmed for Mr. Russo and the Board that there was no simple definition of hardship and noted that state law refers only to the variance statute and requirements for obtaining a variance.

 

Discussion was held regarding the Board’s obligations to protect abutters, regardless of whether they are present at a Public Hearing. Attorney Romano reiterated the importance of Board members explaining their findings of fact on the record for all votes taken on zoning applications.

 

J. ADJOURNMENT

Mr. Brockway made a motion to adjourn the meeting. Mr. Torres seconded the motion. The motion CARRIED by unanimous vote with no abstentions at 8:57 PM.

 

Respectfully submitted,

 

 

 

Benjamin Delaney

Minute Taker

 

Approved on 02/03/2021