Zoning Board – Meeting Minutes
Wednesday, April 20, 2022 - 6:00 p.m.

Westerly Town Hall | Town Council Chambers

45 Broad Street, Westerly, RI 02891

 

A.  CALL TO ORDER –

Mr. Cioppa called the meeting to order at 5:59 p.m. He read into the record from the Zoning Board’s Rules of Procedure regarding hearing applications.

B.  ROLL CALL AND REVIEW OF STAFF ATTENDANCE

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

 

Members Absent:      Chair Walter Pawelkiewicz

 

Staff Present:             Zoning Official Martin E. Loiselle, Jr., Assistant Solicitor for Planning & Zoning Scott Levesque, Minute Taker Stephanie LaSota, Information Technology Technician Michael Harris

 

C.  APPROVAL OF MINUTES -

1. March 9, 2022 – Mr. Brockway made a motion to approve the March 9, 2022 Zoning Board meeting 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 –

There were no changes to the agenda.

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

There was no business to discuss.

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

 

1.   Jan Companies, Inc. (Burger King), 99 Franklin Street, AP ‘88’ Lot ‘3’ Installation of a second drive-thru lane (§260-34) Special Use Permit, (§260-33) Dimensional Variance - Continued from March 9 public hearing

Mr. Loiselle described the project and the recent changes to the plan. Present on behalf of the application was Attorney Nicholas Goodyear, landscape architect Rebecca Nolan, and project engineer Todd Markevicz. All representatives were sworn in for public testimony. Atty. Goodyear explained the evolution of the project from its original design, describing great attention to landscaping and internal circulation details, as well as pedestrian, stormwater, and signage upgrades. Mr. Brockway asked the applicant to express the hardship and prove that the application requests the least relief necessary. Ms. Robinson asked legal counsel if the “least relief” criteria can have more than a financial reason. Atty. Levesque said that the secondary gain of more income is the hope of any business but the primary issue in this application is traffic mitigation. There was further discussion on the criteria to define hardship as it relates to the application. The applicant clarified for the Board that Jan Companies, Inc. owns the property and JSC Management Group is the tenant that operates the business. Mr. Markevicz said most Burger King customers use the drive thru, so this project is a necessity. He described the specifications of the plan.

Ms. Nolan described the existing landscaping conditions of the site and noted that congestion does happen at the entrance. She provided details of the recently revised landscape plan. Mr. Torres asked her for other examples of her work. She responded that she did the landscaping for Cinder Restaurant on Main Street.  other local projects. She said she worked at Cinder on Main Street. There was extensive discussion on the project, including designing safety features for the seating area in the front of the building.

A Planning Board Preliminary Plan approval and recommendation to the Zoning Board was marked as Board’s Exhibit 1.

During the public comment period, Eric Posillo, of 120 Matthius Lane, Charlestown, shared that he drives a large truck and frequents the Westerly Burger King often. He said his truck goes over the curb at the existing drive thru and this new project addresses that issue.  

There were no more public comments.

Atty. Goodyear thanked the Board for their consideration tonight and spoke about the professional accomplishments of his client, who seeks to improve the Burger King location.

Mr. Torres made a motion to close the Burger King public hearing at 7:26 p.m. Ms. Robinson seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

In a poll of the Board members, all were in favor of approving the project. The applicant and Town staff were commended for the work on the plan. 

Ms. Robinson read into the record the details of the Burger King application to expand a drive-thru area for a second lane at the existing restaurant at 99 Franklin Street and made a motion to approve a 9.25-foot side setback Variance for a proposed second drive-thru lane and a Special Use Permit with the conditions as noted on Board’s Exhibit 1 and that there be a “no left turn sign” placed at the end of the drive-thru lane’s straight exit. Mr. Russo seconded the motion. The motion CARRIED by unanimous vote.

The Zoning Board took a recess at 7:45 p.m. Mr. Cioppa called the meeting back to session at 7:54 p.m.

 

G.  PUBLIC HEARINGS - Appeal to the Zoning Board of Review – Consider, discuss, and act upon appeals. –

There was no business to discuss.

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

 

1.    Tricia Fiore, 56 Sherwood Drive, AP ‘120’ Lot ‘16’ Operation of a Home Occupation over 150 sq. ft. (§260-34) Special Use Permit

 

Mr. Loiselle described the details of the application to increase a home office space to 224 square feet for an accounting and financial business. He said staff supports the application. It is required that the applicant use no more than 25 percent of the total floor area for the home occupation.

            The applicant, Tricia Fiore, of 56 Shorewood Drive, was sworn in for public testimony. She explained that she needs a larger office space because her business is growing, and she works from home. Mr. Russo commended her for being honest and coming forward to properly legalize the home occupation space. She said she may meet at the home office with clients for tax planning or financial planning about once a week with more frequent meetings during tax season. In a poll of the Board, all members were in favor of the project.

Mr. Brockway made a motion to close the Fiore public hearing at 8:01 p.m. Mr. Torres seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

Mr. Russo read into the record the details of the Fiore application for a Special Use Permit for a 14 by 16-foot addition on the rear of an existing home at 56 Sherwood Drive for a customary home occupation for a single-owner accounting and financial business and made a motion to approve the Fiore application. Mr. Brockway seconded the motion. The motion CARRIED by unanimous vote with no abstentions

 

2.    McCloskey, 46 Fisherman’s Avenue, AP ‘165’ Lot ‘60’ Addition to an existing structure (§260-33) Dimensional Variances

 

            Mr. Loiselle reviewed the details of the 8,920 square foot property and the intentions of the applicant to increase the living area in the home, which has an existing 1,200 square feet. He said staff is supportive of the application.  

            William McCloskey, of 127 Hampden Road, Somers, Connecticut, was present on behalf of the application and explained that is family wants to increase the size of their summer home to accommodate a growing family. Mr. McCloskey said if they were to add a second floor, they would need to pour a new foundation and they decided this plan was the best.

The project’s general contractor, Charlie Turano, of 3 George Street, Westerly, was present via Zoom. He was sworn in for public testimony. He stated that building a second floor was not an option as it would turn the project into a complete teardown and rebuild. He said the increased roof area should not affect stormwater runoff to the neighbors.

There was no public comment. In a poll of the Board, all members were in favor of approving the application. Mr. Torres did state concerns with increasing impervious surface in flood-prone areas.

Mr. Russo made a motion to close the McCloskey public hearing at 8:18 p.m. Ms. Robinson seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

Mr. Brockway read into the record the details of the application for a Dimensional Variance to add a one-story addition to a single-story home at 46 Fisherman’s Avenue and made a motion to approve the McCloskey application. Mr. Torres seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

3.    Pasqualicchio, 8 Richmond Drive, AP ‘164’ Lot ‘99’ Addition of a second floor, expansion of existing deck. (§260-33) Dimensional Variances

 

Mr. Loiselle explained that the applicant requests a Dimensional Variance to create a second floor, with a covered front porch, siding, roof and windows on an existing single-family home built in 1960. The existing home now has 768 square feet of living space so this project will increase the livable space to 1,530 square feet. The projected 27.6-foot project height is well below the maximum height, Mr. Loiselle said.

The project’s builder, Eric Posillo, principal of Eric Posillo Builders, 66 Main Street, Wakefield, was sworn in for public testimony. He said the front porch will be extended six feet to the end of the home. It will project 3.6 feet on one side, 5.6 feet on another side, and 7 feet in the front. He said the applicant plans to make the home their full-time residence as they currently live in Connecticut. The applicant is preparing the home for full-time residency for their large family. He said the deck size is necessary to accommodate the family.

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

Ms. Robinson made a motion to close the Pasqualicchio public hearing at 8:36 p.m. Mr. Torres seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

Ms. Robinson read into the record the details Pasqualicchio application request for a Dimensional Variance to create a second-floor addition, and a covered front porch with siding, roof, and windows at 8 Richmond Drive and made a motion to approve the Pasqualicchio application with no conditions. Mr. Brockway seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

I.    STAFF COMMENTS -

There were no staff comments.

J. Applications Declared Complete, Waivers Granted and Scheduled for Public Hearing at the Wednesday April 20th, 2022 Zoning Board Meeting. Informational no action to be taken.

1.    Iacono, 14 Plimpton Road, AP ‘179’ Lot ‘89’ Raze existing garage and construct new (25’ x 25’), (2) decks and outdoor shower. (§260-33) Dimensional Variances

J.   ADJOURNMENT –

Mr. Brockway made a motion to adjourn the Zoning Board meeting at 8:44 p.m. Ms. Robinson seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

Next Regular Meeting – May 11, 2022 6:00 P.M. at Westerly Town Hall.

Respectfully submitted,

 

Stephanie J. LaSota

Minute Taker

 

Approved by vote of the Board on May 11, 2022