Zoning Board – Meeting Minutes
Wednesday, July 7, 2021 – 6:00 p.m.

 

**Pursuant to Office of the Governor Executive Order 20-46 (Public Meetings and Public

Records Requests), dated June 12, 2020, as extended, and Office of the Governor Executive

Order 21-72 (Amended and Restated Protecting Your Household Order),

dated March 19, 2021 and extended June 24, 19, 2021, as extended and/or amended**

The July 7, 2021 at 6:00 PM Zoning Board meeting will be conducted

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 6:22 p.m. The start time was delayed due to technical difficulties with Zoom audio.

 

B. PLEDGE OF ALLEGIANCE

 

C. 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, and Alternate Member Dawn Robinson

 

Members Absent:      None.

 

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

 

D. APPROVAL AND REVISION OF MINUTES

1. April 7, 2021 – Mr. Russo made a motion to approve the April 7, 2021 Zoning Board meeting minutes as submitted. Mr. Torres seconded the motion. The motion CARRIED by unanimous vote with no abstentions.  

 

2. June 2, 2021 - Board members explained two corrections to the minutes. Mr. Russo made a motion to approve the June 2, 2021 Zoning Board meeting minutes as amended. Mr. Torres seconded the motion. The motion CARRIED by unanimous vote with no abstentions. 

3. June 9, 2021 – Mr. Russo made a motion to approve the June 9, 2021 Zoning Board meeting minutes as submitted. Mr. Torres seconded the motion. The motion CARRIED by unanimous vote with no abstentions. 

 

E. CHANGES TO AGENDA –

Consider, discuss, and act upon schedule changes for Applications.

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

Mr. Brockway made a motion to continue the South County Cultivators, Inc., 71 Quarry Road appeal to the August 4, 2021 Zoning Board meeting. Mr. Cioppa seconded the motion. The motion CARRIED by unanimous vote with no abstentions.  

 

2. Christopher Sisco, 59 Shore Road, AP ‘151’ Lot ‘89’ – Continue to August 4, 2021 - pending Dimensional Modification.

Mr. Reichert said the applicant and staff requested a continuation until August as a dimensional modification request has been filed and will likely be administratively approved.

Mr. Russo made a motion to continue the Sisco, 59 Shore Road application to the August 4, 2021 Zoning Board meeting. Mr. Torres seconded the motion. Mr. Cioppa was recused from the vote. The motion CARRIED.

 

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

Mr. Reichert explained that the application will not be discussed until the September meeting and was just on the agenda tonight for public knowledge.

 

4. Casey Winslow, 19 Babcock Road, AP ‘117’ Lot ‘95’. – Continue to September 1, 2021 - due to lack of abutter notice and attorney availability.

Mr. Reichert said the required abutter notice was not mailed on time and the representing attorney requests a September hearing.

Mr. Russo made a motion to continue the Winslow, 19 Babcock Road application to the September 1, 2021 Zoning Board meeting. 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.

There were no approval of decisions to discuss.

 

G. PUBLIC HEARINGS Continued Business-

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

 

1. Nordstrom, 2 Spray Rock Road, AP ‘169’ Lot ‘3’. Raze existing structure and construct new moving footprint forward. (§260-30) Dimensional Modifications. Continue pursuant to briefing schedule.

See notes in Changes to the Agenda.

 

2. Christopher Sisco, 59 Shore Road, AP ‘151’ Lot ‘89’Addition (278 sq. ft.) to an existing garage. (§260-33) Dimensional Variances. Continued from May 5, 2021. Continue to August 4, 2021 meeting.

See notes in Changes to the Agenda.

 

H. PUBLIC HEARINGS – Appeal to the Zoning Board of Review –

Consider, discuss, and act upon appeals.

 

1. South County Cultivators, Inc., 71 Quarry Road, AP ‘55’ Lot “1” Appeal to the Zoning Board of Review. Appeal of Cease-and-Desist Notice of Violation issued November 18, 2020. (§260-38) Right to Appeal. Continued from February 3, February 25, March 3, April 7, and May 5, 2021. Withdrawal pursuant to settlement.

See notes in Changes to the Agenda.

 

I. PUBLIC HEARINGS – New Business –

Consider, discuss, and act upon appeals.

 

1. Frederick P. Paretta, 47 Uzzi Ave, AP ‘164’ Lot ‘168’ Remove existing, and construct, new front deck increasing footprint. (§260-33) Dimensional Variances.

Mr. Pawelkiewicz read into the record the rules of procedure for hearing applications before the Zoning Board. Mr. Reichert explained that the application originally had two requested Variances, but a condition of approval was amended to allow the applicant to provide evidence to the Zoning Official that an element of the deck construction is actually pervious. He said the applicant has proposed to build so that the deck slats allow water to sufficiently pass through to a pervious surface below. Mr. Reichert said staff is supportive of the application as the applicant has valid reasons for the deck expansion to allow for greater access to the house. He asked that the pervious surface Variance request be withdrawn by the Board and the application approval condition he stated be considered. Mr. Reichert said the condition would be verified through a simple inspection after building the project.

Mr. Torres asked if decks are generally considered impervious. Mr. Reichert said they are unless evidence is provided to the Zoning Official that they are pervious through specific construction techniques.

Frederick Paul Paretta, of 47 Uzzi Avenue, was sworn in for public testimony. He said the current structure, except for where it is rotted, is impervious because it has no spaces between slats. He said the new deck will drain into gravel stone below. He explained how the size of his front door, which has a small landing, makes moving furniture, appliances, and other large items into the home impossible. He said he and his wife, Beth, have sacrificed a bedroom in the rear of the home to create a larger door for better access. Mr. Paretta said the existing front deck is rotting and unsafe for he and his Beth’s aging mothers. He explained they would like the enlarged space for better access, safe traversing with walkers, and the potential addition of handicap access as he and his wife age in place in the home.

Mr. Brockway said he drove by the neighborhood and noticed most of the neighboring properties do have some sort of deck. He questioned the size of the requested deck and if it was the least relief necessary. There was some discussion among the Board on the validity of the size request and all came to an agreement that the requested size was acceptable for its purposes.  

There was no public comment.

In a poll of the Board members, all were in favor of approving the application with the condition as outlined by the Zoning Official. Atty. Romano clarified that the Board will no longer be approve a Variance for an impervious surface but will create a condition that the applicant will prove to the Zoning Official that the deck is pervious as constructed.

Mr. Russo made a motion to close the Paretta public hearing at 6:56 p.m. Mr. Torres seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

Mr. Brockway read into the record the details of the Paretta application and made a motion that the Zoning Board approve the requested 20.1-foot front yard Variance and 3.6-foot left side yard Variance to reconstruct a deck with the condition that the applicant provide to the Zoning Official a design and competent evidence that proves the construction of the deck makes it pervious and thereby exempt from the impervious calculation for the site and grants the Zoning Official authority to administratively approve the application. Mr. Russo seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

Mr. Reichert explained to the applicant that he will draft the final decision, record it in the land evidence record, get a copy to the applicant, and after 20 days they will have the final Zoning Certificate. There was further discussion among the Board and staff on Zoning Board membership vacancies and the process for filling them.

 

2. 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. Continue to September 1, 2021 meeting.

See notes in Changes to the Agenda.

 

J. STAFF COMMENTS

1. Set a possible date for a workshop to consider revised Board Rules.

There was some discussion among the Board and staff to schedule a workshop meeting to discuss revisions to the Zoning Board rules. Ms. Robinson requested a copy of the latest version of the application forms for the meeting. It was decided that an October workshop meeting would be best and that they would revisit the topic at the September meeting. Mr. Reichert reviewed that the recent changes to the Zoning Ordinance have already brought relief to meeting agendas by allowing administrative approvals for home occupations, dimensional modifications, and in-law apartments.

The Board also discussed practices for conducting Board meetings, hearing applications, and allowing abutting neighbor commentary. Atty. Romano said he can provide a memo to the Zoning Board on any application whenever it is requested if Board members need clarity on an issue or a cited court case by representing attorneys. Mr. Reichert said Board feedback on applications should go to staff as soon as possible to allow for meeting preparation. Mr. Torres thanked him for the Zoning narratives that are sent with the Board packets. Atty. Romano mentioned that the agenda must be changed to reflect the Boad’s ability to take action on waivers or discuss them.  

 

K. Applications Declared Complete, Waivers Granted and Scheduled for Public Hearing at the Wednesday August 4, 2021 Zoning Board Meeting. Informational no action to be taken.

 

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

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

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

 

L. ADJOURN –

Mr. Brockway made a motion to adjourn the Zoning Board meeting at 7:40 p.m. Mr. Torres seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

The Next Regular Zoning Board Meeting is August 4, 2021, 6:00 P.M. at Westerly Town Hall and Zoom.

 

Respectfully submitted,

 

 

Stephanie J. LaSota

Minute Taker

 

Approved by vote of the Board on August 4, 2021