Zoning Board – Meeting Minutes
Wednesday, February 9, 2022 - 6:00 p.m.

Westerly Town Hall | Town Council Chambers

45 Broad Street, Westerly, RI 02891

(Pursuant to Governor Daniel J. McKee’s Executive Order 22-01, dated January 6, 2022, this meeting was held in person and via Zoom.)

 

A.    CALL TO ORDER –

 

Mr. Pawelkiewicz called the meeting to order at 6:01 p.m., took a roll call, and read into the record from the Rules of Procedure for hearing applications at the Zoning Board.

 

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

 

C.    APPROVAL OF MINUTES

 

1.        January 9, 2022 – Mr. Brockway made a motion to approve the January 9, 2022 Zoning Board minutes as submitted. Mr. Torres seconded the motion. The motion CARRIED by unanimous vote with no abstentions. Amended at the end of the meeting. At the end of the meeting, it was noted that the January minutes were dated incorrectly and Mr. Brockway amended his motion to correct the date and approve the January 13, 2022 Zoning Board minutes as presented. Mr. Torres seconded the amended 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 item for discussion.

 

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-up lane (§260-34) Special Use Permit, (§260-33) Dimensional Variance

Mr. Pawelkiewicz said the Jan Companies, Inc. (Burger King) application is continued to March 9, 2022 public hearing because they are currently undergoing Planning Board review.

 

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.    Tassone / DiGange, 1 St. Clare Way, AP ‘164’ Lot ‘166’ Reconstruct existing front and side yard deck, (§260-33) Dimensional Variances

            Mr. Loiselle explained the details of the application to reconstruct a front and side yard deck in a 3,882-square-foot lot in an HDR-10 district. He said the Variance requests for the front corner side and side setback are because of the small lot and the location of the home on the lot, which is one of the smallest residentially developed lots in Westerly. Mr. Loiselle said the front setback is based on the property line abutting Uzzi Avenue and the corner side setback is based on the St. Clare Way property line. He said staff recommended approval of the application. He clarified that the applicant had a demolition permit and already started some work on the project. The applicants, husband and wife, Michael Tassone and Lauren DiGange, of 1 St. Clare Way, were present via Zoom and sworn in for public testimony. Mr. Tassone said the property was purchased earlier this year as a seasonal home as Ms. DiGange’s family lives in the area. He said the project increases the existing footprint by the small staircase that is added. Mr. Tassone thanked the Board for their time. There was no further discussion and no public comment.

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

Mr. Cioppa made a motion to close the public hearing 6:14 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 Tassone/DiGange application for a 14.3-foot front yard Variance, a 20-foot corner side yard Variance, and an 11.4-foot side yard setback Variance to reconstruct a deck and stairs and to replace the front stairs for an existing single-family home at 1 St. Clare Way, including documents submitted for the February 9, 2022 public hearing and made a motion to approve the Tassone/DiGange Dimensional Variance requests application. Mr. Brockway seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

2.    Hvolbeck, 2 Leeward Avenue, AP ‘137’ Lot ‘32B’ Installation of a plunge pool, (§260-33) Dimensional Variances

            Mr. Loiselle described the details of the application for a 14-foot 10-inch front yard setback Variance for a 7 by 13 foot precast plunge pool. He said it is requested due to the small size of the lot and location of the septic system. The pool would be 15 feet 2 inches from the front property line, he said, and there is no other location to place the pool, which will be enclosed by a six-foot fence. Mr. Loiselle stated that staff is supportive of the application.

Mark Butler, a licensed landscape architect with Matunuck Design Group, Inc., residing at 115 Narragansett Avenue, Newport, was present on behalf of the application and sworn in for public testimony. He provided further justification for the application. Mr. Butler said one of the pool covers to be used will provide safety. Ms. Robinson suggested the gate remain locked for safety. She asked how many feet should be around a pool for safety. Mr. Loiselle said there is nothing in the Zoning Ordinance about this.  There was no public comment.

In a poll of the Board, Mr. Russo, Mr. Cioppa, Mr. Torres, Ms. Robinson, and Mr. Pawelkiewicz were all in favor of approving the application and said that the design was nice for the small lot.

Mr. Russo made a motion to close the Hvolbeck public hearing at 6:35 p.m. Mr. Torres seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

Mr. Cioppa read into the record the details of the Hvolbeck application request for a 14-foot 10-inch front yard setback Variance for a 7 by 13-foot precast plunge pool, including the information and testimony shared at the February 9, 2022 public hearing and made a motion to approve the Hvolbeck application request. Mr. Brockway seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

I.       STAFF COMMENTS

 

1. Consider, Discuss, and Act on Zoning Board Rules of Procedure – There was no discussion on the agenda item. Mr. Russo made a motion to accept the Rules of Procedure as presented. Mr. Brockway 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 March 9, 2022 Zoning Board Meeting. Informational no action to be taken.

 

1.    Golden Arch Ltd. Partnership (McDonalds), 135 Granite Street, AP ‘77’ Lot ‘270’ Installation of a second drive-thru lane (§260-34) Special Use Permit and (§260-33) Dimensional Variances

 

2.    Deboat Realty, LLC, 3 Fenway Road, AP ‘157’ Lot ‘40’ Raze existing structure and construct a single-family dwelling in existing footprint. (§260-33) Dimensional Variances

 

3.    Petsalis, 197 Watch Hill Road, AP ‘173’ Lot ‘6-1” Raze existing structure and construct a single-family dwelling, increasing non-conforming use up to 25%. (§260-34) Special Use Permit

 

K.    ADJOURN –

 

Mr. Russo made a motion to adjourn the Zoning Board meeting at 6:47 p.m. Mr. Brockway seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

Next Regular Meeting – March 9, 2022 6:00 P.M. at Westerly Town Hall and Zoom.

 

 

Respectfully submitted,

 

 

Stephanie J. LaSota

Minute Taker

 

Approved by vote of the Board on March 9, 2022