Zoning Board – Meeting Minutes

Wednesday, March 3, 2021 - 6:00 p.m.

*** Pursuant to Executive Order 20-05 dated March 16, 2020 as extended the Zoning Board meeting was conducted electronically.

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, 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

 

Mr. Pawelkiewicz read into the record the rules of procedure for hearing applications at the Zoning Board.

 

C.   APPROVAL OF MINUTES

 

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

 

D.   CHANGES TO AGENDA – Consider, discuss, and act upon schedule change for applications.

 

Mr. Reichert said there were three change requests to the agenda from Zoey Watch Hill, LLC on 14 Larkin Road, South County Cultivators, Inc., and the Dixon application.

He said the Zoey Watch Hill, LLC application requested to continue their hearing to March 25. Attorney Kelly Fracassa was present on behalf of the application and explained the continuance request is due to time needed for the Watch Hill Conservancy (WHC) and the Watch Hill Fire District (WHFD) to respond to a memo submitted by the applicant last week. Attorney Jerry Petros was present on behalf of the WHFD and the WHC and said they planned to file a response to the applicant’s 30-page argument for the case by March 15. Mr. Pawelkiewicz said that is acceptable.

Mr. Brockway made a motion to continue the Zoey Watch Hill, LLC application to the March 25 Zoning Board meeting. Mr. Torres seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

Mr. Reichert said Atty. Romano discovered an issue with legal notice in the Dixon application that they addressed with the representative Marco Tommasini. Mr. Tommasini said the applicant missed an abutter in the notice and he was able to reach the attorney who represented the owner, and he was gracious and reviewed the application with him. He said he tried to reach the owner but it was not possible so they will proceed with sending certified mail tomorrow with a letter of completeness and they request a continuance to March 25. Mr. Reichert asked that the Dixon application be placed at the top of the March 25 agenda as it should be a relatively quick application. Mr. Torres asked that the applicant present more evidence to prove all five of the Zoning Board’s application criteria as what he has reviewed leaves him with more questions. Mr. Tommasini said he will provide the document requested. Mr. Russo asked why they would put Dixon or any other application ahead of the 14 Larkin

Road application on March 25 when that will take very long, and it has already been waiting for months. He suggested Dixon be scheduled to April. Mr. Cioppa agreed with Mr. Russo. There was some further discussion on the March 25 agenda and the timing of applications.

Mr. Russo made a motion to continue the Dixon application to the April 7 meeting with the requested documentation addressing the five Zoning Board requirements due to the Zoning Office by March 15. Mr. Torres seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

Mr. Reichert said an additional application was filed for an amendment to a Special Use Permit in the case of the South County Cultivators, Inc. appeal and both parties agreed to extend the consideration of the appeal to May 5. Atty. Romano said this meeting also must occur in May because the applicant must receive a modification of its prior approval at the Planning Board, which will give a conditional approval before the Zoning Board sees the application.

Mr. Torres made a motion to continue the South County Cultivators, Inc. application to the May 5, 2021 Zoning Board meeting. Mr. Brockway seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

E.    APPROVAL OF DECISIONS - Consider, discuss, and act on application decisions referred to staff for writing.

 

1.    None

 

F.   PUBLIC HEARINGS - Continued Business - Consider, discuss, and act on application(s).

 

1.    Zoey Watch Hill, LLC, 14 Larkin Rd., AP ‘185’ Lot ‘30’ Elevate, renovate, add a second floor with rear deck, reconfigure first floor rear deck, add a roof deck and make the home compliant with FEMA flood zone requirements (§260-19) Dimensional Variances. Continued from December 3, 2020, January 14, February 3, and February 25, 2021.

 

See changes to the agenda. This item was continued to the March 25, 2021 meeting.

 

2.    McSweeney, 49 ½ Atlantic Avenue, AP ‘175’ Lot ‘002’- Construct a dune walkover structure (§260-19) Dimensional Variances. Continued from February 3 and February 25, 2021.

 

This item was continued to the April 7, 2021 meeting.

 

3.    Montesano, 5 Terrace Ave., AP ‘142’ Lot ‘108’ Garage / Front porch addition, Home Occupation greater that 150 sq. ft. (§260-19) Dimensional Variances and Special Use Permit (§260-34). Continued from February 3 and February 25, 2021.

 

This item was continued to the April 7, 2021 meeting.

 

4.    Dixon, 10 Schumann Road, AP ‘146’ Lot ‘5’ Addition of a second floor of an existing structure. (§260-19) Dimensional Variances Continued from February 3 and February 25, 2021.

 

See changes to the agenda. This item was continued to the April 7, 2021 meeting.

 

5.    Ratajack, 57 Crandall Ave., AP ‘164’ Lot ‘269’ Enlarge existing deck (§260-19) Dimensional Variances. Continued from February 3 and February 25, 2021.

 

Alfred DiOrio, president of Alfred W. DiOrio, RLS, Inc. Professional Land Surveyors and Land Use Consultants, Hopkinton, was present on behalf of the application. Mr. DiOrio said the applicant was unable to attend the meeting tonight.

Mr. Reichert summarized the request and said staff was in support of approving the application. Mr. DiOrio was sworn in for public testimony. He described the lot and construction of the existing dwelling. He said the proposal is to enlarge an existing 136 square foot deck to a 279 square foot deck. There was no public comment.

In a poll of the Board members, all members were in favor of the application.

Mr. Cioppa made a motion to close the public hearing at 6:39 p.m. Mr. Brockway seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

Mr. Russo read into the record the details of the Ratajack application at 57 Crandall Avenue and made a motion to approve the Ratajack application’s 20-foot rear yard Variance request to expand the deck on the existing home. Mr. Brockway seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

6.    Lamb, 54 Oak Street, AP ‘144’ Lot ‘16’ First and second floor addition (§260-19) Dimensional Variances. Continued from February 3 and February 25, 2021.

 

Mr. Reichert explained the application request for a 9.7-foot corner side Variance and an 11.6- foot right side Variance to remove and reconstruct a first-floor addition and add a second floor at 20 Chapman Road. He said the home was built in 1953 and the applicant seeks to modernize the house. He further described the existing structure and proposal to the Board. He said staff is comfortable with the application and finds it is a good project with a solid basis for approval. There was some discussion on page 18 of the application regarding the existing setbacks.

The applicant, Zachary R Lamb, was sworn in for public testimony. He was asked to confirm if the existing structure was within the setbacks, and he said no, it was not. He described why he was requesting the Variances.

There was no public comment. In a poll of the Board members, all were in support of approving the application.

Mr. Brockway made a motion to close the 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 Lamb application and made a motion to approve the Lamb application request. Mr. Brockway seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

7.    Sherman, 58 Verdi Ave, AP ‘135’ Lot ‘89’Expansion of a non-conforming structure, Special Use Permit (§260-34). Continued from February 3 and February 25, 2021.

 

Mr. Reichert described the application to the Board. He said the applicant is seeking 473 square feet of additional use for the expansion of a non-conforming structure, which requires a Special Use Permit. He said the nonconformity is that they are two dwelling units on a single-family lot. He said the building in question was the original hunting shack for the area. Mr. Reichert said the applicants seek to update the cottage with more modern facilities and staff is comfortable with the application. He said it is a good addition to the neighborhood and a nice asset for the applicants.

Mr. Cioppa said the unit that is on the lot is not a full-time residence, so he is concerned that they are approving putting two full-time residences on one piece of property. Mr. Reichert said he would take the first cottage as it sits as the definition of a tiny house and it already is a second dwelling, which meets the definition for a nonconformity.

The applicant, Deming Sherman, was sworn in for public testimony. His wife, Jane Sherman, was also present. Mr. Sherman said he is not seeking a Variance and there is no issue of hardship. He said the cabin is serviced by a cesspool and needs an updated septic system. He said that design in the packet is pending State approval. He explained the details of the project and the intent to use it as a wing of their primary home to house visiting family members, particularly during the summer. It is also a house that is easier to occupy as he and his wife age, he said. Mr. Sherman provided the site plan for the proposed renovations, which are all in the defined setbacks. He said a new foundation will be put in as the existing one is 100 years old. Mr. Sherman said he discussed the plan with several neighbors. He said they would not be renting the property and would not be making it their permanent residence. He said he would agree to a condition of approval that the cottage was not for rent. There was some further discussion on the details of the application. There was no public comment. In a poll of the Board members, all were supportive of the application.

Mr. Russo made a motion to close the public hearing at 7:36 p.m. Mr. Torres seconded the motion. The motion CARRIED by unanimous vote with no abstention.

Mr. Brockway read into the record the details of the Sherman Special Use Permit application for 58 Verdi Road and made a motion to approve the Sherman application to expand the existing cottage by 473 square feet, or 12 percent of the lot’s current floor space, with the conditions that the dwelling is not for rental outside of the family of those who own the lot and the calculation of 12.8 percent versus the 25 percent available expansion that is imbedded in the proposal is used and recognized going forward. Mr. Torres seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

The Zoning Board took a recess at 7:47 p.m. and was called back to order at 7:54 p.m.

 

G.   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 and February 25, 2021.

 

See changes to the agenda. This item was continued to the May 5, 2021 meeting.

 

H.      PUBLIC HEARINGS NEW BUSINESS - Consider, discuss, and act on application(s).

 

1.    Shea, 30 Harbor Drive, AP ‘154’ Lot ‘21’ Raze and re-construct a single-family dwelling (§260-19) Dimensional Variances.

 

Mr. Reichert described the application for the 8-foot left side and 2.2-foot right side Variances. He said staff is comfortable with the application and that the applicant is seeking to raze the structure and rebuilt it so it can fulfill the setback requirements for the Federal Emergency Management Agency (FEMA) and the Coastal Resource Management Council (CRMC.) He said the project is unique because it is in a lot with nearby wetlands and a property with a required setback. He said the project is being pushed into the northeast area of the lot away from the water toward the street. Mr. Reichert said the home would be improved by the proposal and it will be a modest sized house on an appropriate lot.

Attorney William Nardone, with offices at 42 Granite Street, was present on behalf of the applicant and gave further details about the hardship for the request. He said an existing shed on the property will be removed. Tony Nenna, principal and engineer with On-Site Engineering, Inc., was sworn in for public testimony and said based on the current coastal regulations they could have built a 945 square foot building but because it is a modular construction it came out to 816 square feet. Atty. Nardone said there is no other location on the site to place the house to keep it out of the existing setbacks as well as a good distance away from the septic system. There was some further discussion about the characteristics of the lot and abutting properties.

There was no public comment. In a poll of the Board members, all were in favor of the application. Mr. Torres made a motion to close the public hearing at 8:14 p.m. Mr. Russo seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

Mr. Brockway read into the record the details of the Shea application and made a motion to approve the Shea application for an 8-foot left side Variance and 2.2-foot right side Variance to construct a 27 by 30-foot single-family residence with a rear deck at 30 Harbor Drive. Mr. Cioppa seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

2.    Longo, 1 Clamshell Drive, AP ‘143’ Lot ‘66’ Construct a (12’ x 27.5’) single car garage (§260-19) Dimensional Variances.

 

Mr. Torres recused himself from hearing the application and voting as he is an abutter to the property. He said he submitted a recusal form. He was removed from the Zoning Board Zoom meeting panel and placed as a meeting attendee. Ms. Robinson acted as a full member for the Longo application hearing.

 

Mr. Reichert summarized the details of the application to add a garage to a home that is on a small non-conforming lot. He said there the Zoning Office received six positive letters in support of the application from abutting neighbors of the project.

Attorney Thomas Ligouri, with offices at 85 Beach Street, was present on behalf of the application. He said the project engineer, Sergio Cherenzia, was also present and available for questions. Atty. Ligouri described the request made by the applicants, Nicholas and Paula Longo, and the reasons for the request.

In a poll of the board members, all were in favor of approving the application.

Mr. Brockway made a motion to close the public hearing at 8:44 p.m. Mr. Russo seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

Ms. Robinson read into the record the details of the Longo application 12-foot left side yard Variance and 11.7-foot front yard Variance to construct a garage addition of 12 feet by 27.5 feet on the left of the existing home and made a motion to approve the Longo application. Mr. Cioppa seconded the motion. The motion CARRIED by unanimous vote with no abstentions. Mr. Torres recused.

 

3.    Ritacco, 12 Ledward Avenue, ‘67’ Lot ‘262’ Construct a (2) family structure, (§260-34) Special Use Permit, Lot frontage variance (§260-19) Dimensional Variances.

 

Mr. Reichert said the application is for a lot frontage Variance in conjunction with a Special Use Permit. The applicant’s representative, Attorney William Nardone, with offices at 42 Granite Street, said the applicant, Robert Ritacco, is under contract to purchase the property and the current owner is the Town of Westerly. Atty. Nardone said he is unsure when the closing date of the sale is, but the contract

is not contingent on Zoning Board approval. There was discussion regarding a Planning Board advisory memo to the Town Council that advocated for the creation of a three-family low and moderate income (LMI) structure, however the applicant is not required to do so. Mr. Reichert said the 20-foot front Variance request is based on the applicant’s preference that they build a two-family house instead of a single-family home. He said in this case there are no preexisting conditions that can justify the use of the lot and that is what the Zoning Board needs to examine. He said to the left of the lot is a multi-family home and to the right is a single-family home. Mr. Reichert said the lot is zoned for single-family use, but either way, the proposed structure will be in line with the character of the neighborhood.

Mr. Pawelkiewicz revealed that he had served on the Zoning Board with Mr. Ritacco in the past but does not believe it will affect his decision making.

Atty. Nardone described Mr. Ritacco’s plan to build a duplex building townhouse style with a two-car garage on both sides. He said the applicant was present at the meeting, along with Terry Rhodes, principal of ARM Engineering, Ashaway. He said the site is vacant. The Town put the lot up for public auction and Mr. Ritacco was the successful bidder. The project site is a 3,500 square foot lot on the corner of Tower Street and Ledward Avenue. He described the area, which has single and multi-family homes, as well as commercial properties. Atty. Nardone said on the site is a communications antenna and a shed, which is about 60 square feet, in which National Grid has communications equipment and the Town granted to them a 25-foot-wide easement extending from Ledward Avenue to the shed at the rear of the property along the easterly boundary line. Atty. Nardone said within that easement, nothing can be constructed and that greatly contributes to the hardship, which is inhibiting one of the uses on that property. He said the property has one of two permitted uses: a single-family use by zone or a two- family use by Special Use Permit. Atty. Nardone said the applicant agrees that the Town needs additional housing and that is one reason the two-family option was selected. He read into the record a letter of support from Carlo Giorno, of 35 Tower Street, an immediate abutting neighbor with a single-family home. There was some discussion about the opinions of other abutting neighbors. Atty. Nardone said they were able to fit the proposed house on the site even with the Town made with National Grid in perpetuity. He said, as for the hardship, simply because Mr. Ritacco has chosen one of the permitted uses over another permitted use, the hardship is specific to the applicant and the fact that the lot is 80 feet wide. He said the applicant did not create the hardship and the denial of which would be more than a mere inconvenience. He said you cannot build a two-family structure without a hundred feet of frontage. Atty. Nardone argued that granting the Variance would not alter the general character of the neighborhood as there are similar uses and more intense uses on that street. He said the project is not about financial gain but an attempt to provide housing in Westerly. Mr. Torres said another alternative is to file for a Comprehensive Permit. Atty. Nardone responded that that could result in three units being built, but they are thinking that is not within the character of the neighborhood and they think that is too intense on the lot.

Mr. Torres said he is struggling with the concept of choosing to build a multi-family home when no Variance is needed for a single-family. Atty. Nardone said when there is more than one use permitted on a lot, the Zoning Board cannot substitute its own judgement or desire for one use over another. He read into the record from the Zoning regulation regarding duplexes in HDR-6 zones. Mr. Cioppa said he is looking at what he would want to build on that lot, which would not be a single-family structure, considering the easement and location. Mr. Cioppa asked Atty. Romano to advise the Board regarding potential financial gain for the applicant on this project. He said the criteria is whether the Variance is required primarily for financial gain. Atty. Nardone said the impetus for the project is to assist with the need for quality rental housing. Ms. Robinson asked if there are any rent restrictions. Atty. Nardone said the units would be rented at fair market value. There was further discussion on the criteria of approval regarding financial gain.

Tony Chimento, of 7 Branberry Drive, said he owns the three-family parcel at 4 Ledward Avenue that was mentioned in the meeting, and he is speaking in support of the applicant’s proposal. He said the neighborhood needs more quality housing. He said he visited the site and there are many things people do not understand about the area, including all the nearby commercial businesses. He said the average rent for the area is $1,000 to $1,200. He thanked the Board for their service to the community.

In a poll of the Board members, Mr. Brockway said he would vote in favor of the application. Mr. Russo said he would vote yes and applauds Mr. Ritacco for the intent of the project. Mr. Cioppa said he is in support and is satisfied that the primary reason for this is to provide quality housing and he does not think anyone would ever buy this property to build a single-family home. Ms. Robinson said she was in favor and wants the property to have something there being used rather than exist as an empty lot. Mr. Pawelkiewicz agreed with all the polling comments and said he was in support. Mr. Torres said Mr. Chimento’s testimony helped him better understand and he thanked him for participating. He said he was comfortable voting yes. He recommended that applicants include greater detail in the application packet explaining hardship so he could get to a yes quicker.

Because of the late hour, Mr. Pawelkiewicz recommended that a motion be made to allow the Zoning staff to write an approval decision and leave the public hearing open if Atty. Nardone would waive the requirement to receive a written decision within 15 days. Atty. Romano said the public hearing could be closed if Atty. Nardone agrees to extend the decision deadline. Atty. Nardone agreed.

Mr. Torres made a motion to close the Ritacco public hearing and to allow Zoning staff to write an approval decision to be read at the March 25 Zoning Board meeting. Mr. Brockway seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

I.    STAFF COMMENTS

 

There were brief comments regarding the future review of the Zoning Board rules of procedure.

 

J.   Applications Declared Complete, Waivers Granted and Scheduled for Public Hearing at the April 7, 2021 Zoning Board Meeting. Informational only; no action to be taken.

 

Mayo, 5 Ice Pond Road, AP ‘137’ Lot ‘27UUU’ Install an 18’ x 38’ inground pool in the rear of an existing residence. (§260-19) Dimensional Variances.

 

K.   ADJOURNMENT –

Mr. Brockway made a motion to close the public hearing at 10:15 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 TBA