Zoning Board – Meeting Minutes

Wednesday, May 17, 2021 - 6:00 p.m.

Pursuant to former Governor Gina M. Raimondo Executive Order 20-25, dated April 15, 2020 as revised, this meeting was conducted via Zoom.

 

Development Services Conference Room, 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.

 

 

C.    ROLL CALL AND REVIEW OF STAFF ATTENDANCE

 

 

Members Present:     Chair Walter Pawelkiewicz, Vice Chair Larry Cioppa, Members Doug Brockway, and James Torres, and Alternate Member Dawn Robinson

 

Members Absent:     Member Jeffrey Russo

 

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

 

Ms. Robinson acted as a full voting member as Mr. Russo was excused from the meeting.

 

D.    APPROVAL AND REVISION OF MINUTES

 

1. None

 

E.     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.

 

 

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

 

 

1.    Gary Julian, 23 Shore Road, AP  ‘151’ Lot ‘91’ Expansion of a non-conforming use (§260-34) Special Use Permit. Decision only. Public Hearing is closed.

 

Mr. Reichert reviewed that the written decision for the Julian application was circulated to the Board earlier today for their consideration of approval tonight. Also present at the meeting were the applicant, Gary Julian, of 23 Shore Road, Sergio Cherenzia, project engineer and principal of Cherenzia & Associates, LTD., 99 Mechanic Street, Pawcatuck, Connecticut, and Teresa Transue, project engineer with Cherenzia & Associates, LTD.

 

Atty. Romano said he had advised the Board at the last meeting that they could not restrict the applicant from renting the property as it is a permitted use. He said what is not permitted is a two, three or multi-family home rental. He read to the Board the legal justification for his statements. Atty. Romano also reviewed that in his statements on May 5, he had not thought of alternative rental situations, such as AirBnB, or an entire home being rented. He said hotels are not allowed in LDR-43 Zones, but this property is in an overlay district that allows bed and breakfasts by Special Use Permit and renting an entire structure would be permitted. He also read into the record from Rhode Island State law that municipalities shall not prohibit the owner of a residential unit from offering home for transient rental. Atty. Romano did not provide an opinion on whether Mr. Julian could rent it for transient use and said that subject is not before the Board to consider. He reiterated that the applicant already stated that he would not be renting the property and the Zoning Board does not need to consider this as part of their deliberations. There was no further discussion on the topic by the Board on Atty. Romano’s comments or the written motion.

Mr. Cioppa read into the record the details of the Gary Julian, 23 Shore Road, AP  ‘151’ Lot ‘91’ Special Use Permit application, including the testimony given and Zoning Board actions of previous public hearings. Mr. Cioppa stated there were no proposed amendments to the written motion and made a motion to approve the Julian Special Use Permit for the expansion of a nonconforming use at 23 Shore Road as written pursuant to §260-32 Special Use Permits of the Town of Westerly Zoning Ordinance. Mr. Brockway seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

Mr. Reichert said any member of the public who wanted a copy of the decision could request it by emailing him at nreichert@westerlyri.gov.

 

G.    PUBLIC HEARINGS – Continued Business – Consider, discuss and act on applications(s).

 

 

1.   None

 

 

H.    STAFF COMMENTS

 

 

1.   None

 

 

K.  ADJOURNMENT –

 

Mr. Cioppa made a motion to adjourn the Zoning Board meeting at 6:10 p.m. Mr. Brockway 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