Zoning Board – Meeting Minutes
Wednesday, June 9, 2021 - 6:00 p.m.
Pursuant to Governor Gina M. Raimondo Executive Order 20-46, dated June 12, 2020, as extended, and Governor Daniel J. McKee’s Executive Order 20-46, dated May 7, 2021, as extended, this meeting was also conducted via Zoom conference.
Council Chambers, Westerly Town Hall
45 Broad Street, Westerly, RI 02891
Mr. Pawelkiewicz called the meeting to order at 6:00 p.m.
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, Assistant Solicitor for Planning & Zoning Todd J. Romano, Esq., and Information Technology Technician Lanny Fuller, Attorney Diony Garcia, Solicitor for Zoning Code Enforcement, with the Law Offices of William J. Conley, Jr.
There were no minutes to approve.
Consider, discuss, and act upon schedule change for Applications.
There were no changes to the agenda.
Consider, discuss, and act on application decisions referred to staff for writing.
1. South County Cultivators, 71 Quarry Road AP ‘55’ Lot ‘1’ Modify the recorded plan of a previously approved marijuana cultivation facility. (§260-34) Special Use Permit, (§260-52) Aquifer Permit.
Mr. Reichert said the application for the Special Use Permit amendment approval and for the appeal of the cease-and-desist order must be considered tonight. He said the public hearing for item F 1 was closed on June 2. The Board had the opportunity to discuss the draft decision as written by Zoning staff.
Mr. Cioppa made a motion that the Westerly Zoning Board approve the motion as written by Zoning staff with the reasons as written in the motion and with the written conditions to approve an amendment to a previously issued licensed cultivation Special Use Permit and Aquifer Protection Permit at 71 Quarry Road pursuant to §260-87.7 G. Medical Marijuana Licensed Cultivation, §260-52 Aquifer Protection Overlay District, and §260-34 Special Use Permits of the Town of Westerly Zoning Ordinance. Mr. Russo seconded the motion. The motion CARRIED by unanimous vote with no abstentions.
Mr. Pawelkiewicz asked the applicant, Richard Comolli, if he realized that the conditions of his Special Use Permit approval are compulsory and not voluntary. Mr. Comolli said yes. Mr. Pawelkiewicz said any noncompliance will be treated as a violation of the permit. Mr. Comolli said he understood.
Consider, discuss, and act on application(s).
1. South County Cultivators, 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.
Mr. Reichert explained that the next agenda item was a consideration of the appeal of the cease-and-desist order. Attorney Elizabeth Noonan was present on behalf of the applicant. She said she and Atty. Garcia had communicated previously and there will be a written settlement entered into the record indicating that the violations have been abated and the applicant will pay a fine, which will resolve the matter between parties. Atty. Garcia said that is correct that there is a settled amount and upon payment by the applicant the Town is agrees not to act on any violations noticed in November 2020. Atty. Noonan said she is not withdrawing the appeal at this time because the approval decision issued tonight will be final in 20 days so she needs the cease-and-desist to remain in place until such time and then she and Atty. Garcia will work out the paperwork on the settlement. Atty. Romano asked that Atty. Noonan send a letter to Mr. Reichert withdrawing the appeal after the 20 days expire. She agreed. Atty. Romano advised the Board to continue the appeal with the expectation that it will be withdrawn.
Mr. Brockway made a motion to continue to the July 7, 2021 Zoning Board meeting the South County Cultivators, 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. Mr. Russo seconded the motion. The motion CARRIED by unanimous vote with no abstentions.
There were no additional staff comments.
Mr. Brockway made a motion to adjourn the Zoning Board meeting at 6:22 p.m. Mr. Torres seconded the motion. The motion CARRIED by unanimous vote with no abstentions.
Respectfully submitted,
Stephanie J. LaSota
Minute Taker