Zoning Board – Meeting Minutes
Wednesday, December 14, 2022 - 6:00 p.m.

Westerly Town Hall | Town Council Chambers

45 Broad Street, Westerly, RI 02891

A. CALL TO ORDER –

Mr. Pawelkiewicz called the Zoning Board meeting to order at 6:00 p.m. He announced that Ms. Robinson is excused from tonight’s meeting and Mr. Martone will be a voting member tonight. He read into the record from the Zoning Board’s Rules of Procedure on public hearings for applications.

B. ROLL CALL AND REVIEW OF STAFF ATTENDANCE

Members Present:     Chair Walter Pawelkiewicz, Vice Chair Larry Cioppa, and Members Jeffrey Russo, Larry Burns, and Alternate Member Alan R. Martone

 

Members Absent:      Dawn Robinson

 

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

 

C. APPROVAL AND REVISION OF MINUTES

1. November 9, 2022 – Mr. Russo made a motion to approve the November 9, 2022 Zoning Board meeting minutes. Mr. Burns seconded the motion. The motion CARRIED by unanimous vote

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

Mr. Loiselle said Peter Sacco withdrew the application for 63 Salt Pond Way and the applicant received a Zoning Certificate for a new plan that complies with the Ordinance.

The dimensional variance application for Eugene F. Mason, 167 Watch Hill Road, to raze an existing single-family home and construct a new single-family residence requested a public hearing continuance to the March 8, 2023 Zoning Board meeting. Mr. Cioppa made a motion that the Zoning Board continue the 167 Watch Hill Road application to the March 8, 2023 meeting. Mr. Burns seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

The Venice Restaurant, 165 Shore Road applicant requested a continuance to the February 8, 2023 Zoning meeting. Mr. Martone made a motion to continue the Venice Hotel application to the February 8, 2023 Zoning Board meeting. Mr. Russo 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.

            There was no business to discuss.

 

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

            There was no business to discuss.

 

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).

2.    Jack Lutzel, 5 North Main Street, AP ‘15’, Lot ‘8’ Landscape business with commercial office and outdoor storage. (§260-34) Special Use Permits

 

Mr. Loiselle said the applicant owns 1.43 acres with a rear portion in the general industrial zone and the front portion in a neighborhood business zone. The existing building, constructed in 1949, contains over 1,900 square feet. The applicant has rented the property for three years for his business and is now under contract to own it. He said the trucks and equipment are located no closer than 90 feet from other properties on Bowling Lane. Mr. Loiselle shared that the business has been operating for three years with no complaints or adverse effects on the neighborhood and staff is supportive of the application.

Jack Lutzel was present on behalf of the application and was sworn in for public testimony. He said he has owned the landscaping and snow removal property, Coastal Companies, since 2014 and is under contract to buy the 5 North Main Street property and wanted to be sure he had the ability to run the operation. He explained that the 5 North Main Street property contains an office and storage space and 3 North Main Street is the home next door, which will be remodeled and possibly have a tenant. Mr. Lutzel shared that his business has 11 full-time employees, which include 6 Bradford residents, and the company wants to remain local. He says their summer employees are also Westerly residents. He explained that the rear of the property at 5 North Main Street would be used for storage of company trucks, trailers, small construction equipment, and materials. He said they allow a nearby church to use their lot for overflow parking on Sundays. Mr. Lutzel said their plan is to have another business hub in northern Rhode Island and not grow the Bradford business substantially. He described the existing buffer to abutting residences and said he is willing to cover the fence to create more of a buffer. Mr. Burns commended him on buying the business and being entrepreneurial. He did comment that the site is too small for storage of such large piles. Mr. Lutzel said they can put a plan into motion for moving the piles weekly or monthly. He described the logistical challenges for dumping materials. There was discussion that the condition could be that the piles are cleared weekly. Mr. Burns confirmed that the facility would not process landscape material or run a chipper at the site. He requested that the applicant install screening around the vehicle and equipment storage area. Mr. Lutzel described the existing fencing and said he would like to turn the six-foot fence into an eight-foot fence for buffering for neighbors and security.

There was no public comment. In a poll of the Board members, all were in favor of the project. Mr. Burns made a motion to close the Lutzel public hearing at 6:33 p.m. Mr. Martone seconded the motion. The motion CARRIED by unanimous vote with no abstentions. 

Mr. Burns read into the record the details of the Lutzel application request for a special use permit at 5 North Main Street to operate a landscape business with outdoor rear storage, and office space and made a motion to approve the Lutzel special use permit request with two conditions that; 1. Any storage of brush piles or landscaping debris shall not be on the property for more than one week and 2. The applicant will install and maintain an opaque privacy buffer of no less than six feet high around the outdoor storage area. Mr. Cioppa seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

3.    Trestle Park LLC, 123 Oak Street, AP ‘48’, Lot ‘79’ Addition to the existing self-storage facility. (§260-33) Dimensional Variances

 

Mr. Loiselle reviewed the details of the application included in the Zoning narrative. Attorney Christopher D’Ovidio was present on behalf of the applicant, along with Robert Celico, owner of Trestle Park LLC, also the general contractor for the project, project architect Megan Moynihan, and project engineer Joe Cherenzia.

Mr. Celico sworn in for public testimony. He described the property and shape of the proposed facility. He said the request is for 29.5 feet of relief and as the property gets wider, they need less relief.

Ms. Moynihan, a registered architect in Rhode Island, was sworn in for public testimony. She said the materials of the project will be like the existing buildings - metal panels with a beige and green color scheme. The new building will have sprinklers. She addressed the compatibility of the project with the neighborhood. She described the phasing of the addition and the position of the proposed addition. She said the top of the new roof in phase 2 would be at 31 to 32 feet. Phases 1 and 2 include the two-story building and phase 3 is the three-story building. Mr. Celico further explained the phasing of the project and said he anticipated a two to three year build out for both phases. Atty. D’Ovidio asked Ms. Moynihan some follow up questions about potential affects to the neighborhood. She said she feels an increase in this existing nonconforming addition will not have a substantial impact on the neighbors.

Mr. Cherenzia, a civil engineer registered in Rhode Island and Connecticut, was sworn in for public testimony. He said it would be a hardship if they were not granted the variance as they would have to remove part of the existing building. Mr. Russo asked about the Planning Board’s conditions. Mr. Cherenzia said they met with the Town Engineer and most of the impact of this project is on impervious areas. He said the site is balanced other than additional underground storage units and crushed stone. He added that the project is consistent with Westerly’s Comprehensive Plan as it is increasing the density of industrial use in an appropriate spot.

Tom Benjamin, landscape architect and a professional planner, was sworn in for public testimony. He reiterated that this is a unique lot, and the application is an appropriate request. He read into the record a memo from the Westerly Town Planner on the merits of the project and stated it is consistent with the character of the neighborhood.

Ken Gentry, of 48 Batterson Avenue, said he was speaking to represent his mother who owns the home. He stated it is a noisy facility and every Sunday morning there are people there starting cars.

Mitch Proulx, owner of 6 Maybrey Drive, located at the south end of this building disagreed that the project would not affect the horizon. He said building up a one-story building to three stories will have an effect. He said there is a retaining wall behind his property so he sees the tops of the building, but he will see more of it and is concerned about the noise for the tenants at his property as well as potential effects to his property value.

James St. Peter, of 31 Batterson Avenue, asked if the applicant would create a new access drive to the property from Oak Street. Atty. D’Ovidio shared that the egress and access would remain on Spuchy Drive.

Ms. Moynihan responded that Mr. Proulx’s lot is adjacent to the part of the property that will continue to be wetlands. She said he is more than 230 feet away from where the new construction will be. She said that the automotive noise mentioned may be related to those industries on Spuchy Drive and not the storage facility. Ms. Moynihan elaborated on the phasing that construction will not happen for years. Mr. Celico said phase 1 should take four to six months. He said a lot of the noise could be from the salvage yard and nearby automotive business. Mr. Celico said the addition may even help block some of the existing noise. Mr. Proulx responded to Ms. Moynihan’s comment that he is more than 230 feet away and that he was sent a notice because he was within 200 feet as an abutter. She clarified that he is within 200 feet of the lot lines but farther from the proposed structure.  

In a poll of the Board, Mr. Martone said he would be in support of the application. Mr. Burns agreed. He understood the neighbors’ concerns but given that it is a benign use in an industrial zone, it is acceptable. Mr. Cioppa said he was in favor and noted that a common complaint was height, but that issue was not under review here tonight. Mr. Russo and Mr. Pawelkiewicz were in support of the application.

Mr. Cioppa made a motion to close the Trestle Park LLC public hearing at 7:42 p.m. Mr. Burns seconded the motion. The motion CARRIED by unanimous vote with no abstentions. 

Mr. Russo read into the record the details of the Trestle Park LLC, 123 Oak Street, AP ‘48’, Lot ‘79’ application for a 15-foot front yard and 29.5-foot side yard dimensional variance to construct a 32,560 square foot three-story addition to an existing self-storage facility including information included in a Zoning narrative dated December 5, 2022 and made a motion to approve the Trestle Park LLC application with the condition that the applicant adhere to the 11 conditions from the Planning Board in the three-page decision dated November 23, 2022 written by Town Planner Nancy Letendre and signed by Planning Board Chair Justin Hopkins. Mr. Cioppa seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

4.    Sally Filmore, 251 Shore Road, AP ‘131’ Lot ‘28’ Addition of (2) dormers to the second floor of an existing non-conforming structure (§260-33) Dimensional Variances (§260-34) Special Use Permit

 

Mr. Loiselle reviewed the details of the project as stated in the Zoning narrative for the application request for a 14-foot rear setback variance and a special use permit for the expansion of a nonconforming use. He said the dormers will not increase the footprint or height of structure and if it were it not for the special use permit requirement, it could have been approved administratively.

The Zoning Board took a recess at 7:56 p.m. and Mr. Pawelkiewicz called the meeting back in session at 8:00 p.m.

Anthony Nenna, principal of On-Site Engineering, was sworn in for public testimony. He reviewed details from a prepared project narrative, which was included in the application submission. Sally Filmore, property owner, was sworn in for public testimony. She said the second floor will be used as office space and storage. Mr. Nenna confirmed the application will need CRMC (Coastal Resource Management Council) approvals.

There was no public comment. In a poll of the Board, all were in favor of approving the application. Mr. Russo made a motion close the Filmore public hearing at 8:08 p.m. Mr. Martone seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

Mr. Martone read into the record the details of the Filmore application request for a special use permit and a 14-foot rear yard setback variance to add two dormers to the second floor of an existing non-conforming home at 251 Shore Road and made a motion to approve the Filmore application with no conditions. Mr. Cioppa seconded the motion. The motion CARRIED by unanimous vote with no abstentions.  

 

I.  STAFF COMMENTS

1. Approval of 2023 meeting dates - Mr. Cioppa made a motion that the Zoning Board approve the proposed 2023 Zoning Board meeting dates. Mr. Burns seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

2. Election of Officers - Mr. Cioppa nominated Mr. Pawelkiewicz to remain as Chair of the Zoning Board. Mr. Russo made a motion to elect Mr. Pawelkiewicz as Chair of the Zoning Board. Mr. Burns seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

Mr. Pawelkiewicz nominated Mr. Cioppa to remain as Vice Chair of the Zoning Board. Mr. Burns made a motion to elect Mr. Cioppa as Vice Chair of the Zoning Board. Mr. Russo seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

J.    Applications Declared Complete, Waivers Granted and Scheduled for Public Hearing at the Wednesday January 11th, 2023 Zoning Board Meeting. Informational, no action to be taken.

1.    Evan Isted, 13 A & B Pond Street, AP ‘36’ Lot ‘162’ Change the existing non-conforming use of a two family with commercial structure to a two family with a residential structure. (§260-34) Special Use Permits (§260-33) Dimensional Variances

 

2.    J & C Luzzi Homes, 60 Ledward Avenue, AP ‘68’ Lot ‘74’ Creation of a duplex lot and construction of a (2) family dwelling. (§260-34) Special Use Permits (§260-33) Dimensional Variances

 

3.    Florentine Realty LLC, 159, 163 & 165 Shore Road, AP ‘140’ Lot ‘19’ ‘20’ ‘21’Height Variance for an addition to an existing commercial structure. (§260-33) Dimensional Variances

 

K.   ADJOURN –

Mr. Russo made a motion to adjourn the meeting at 8:23 p.m. Mr. Burns seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

Next Regular Meeting: January 11, 2023, 6:00 P.M. at Westerly Town Hall.

 

 

Respectfully submitted,

 

Stephanie J. LaSota

Minute Taker

 

Approved by vote of the Board on January 11, 2023