Zoning Board – Meeting Minutes

Thursday, January 13, 2022 - 6:00 p.m.

Westerly Town Hall | Town Council Chambers

45 Broad Street, Westerly, RI 02891

The Zoning Board meeting was conducted

in person and electronically via Zoom.

 

A.    CALL TO ORDER –

Mr. Pawelkiewicz called the meeting to order at 6:05 p.m.

 

B.     PLEDGE OF ALLEGIANCE

 

C.    ROLL CALL AND REVIEW OF STAFF ATTENDANCE

 

Members Present:     Chair Walter Pawelkiewicz, Vice Chair Larry Cioppa, and Members Doug Brockway, Jeffrey Russo, 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, Information Technology Technician Lanny Fuller

 

Mr. Pawelkiewicz read into the record from the Zoning Board of Review’s Rules of Procedure regarding hearing applications.

 

D.    APPROVAL AND REVISION OF MINUTES

 

1.    December 2, 2021 – Mr. Cioppa made a motion to approve the December 2, 2021 Zoning Board meeting minutes as submitted. Mr. Russo seconded the motion. The motion CARRIED by unanimous vote with no abstentions.  

 

E.     CHANGES TO AGENDA – Consider, discuss, and act upon schedule change for Applications.

 

Mr. Torres was not listed on the agenda; however, it was clarified that Mr. Torres would remain on the Zoning Board as a full member until his replacement is appointed.

 

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

 

1.    None

 

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

 

1.    Deborah & Robert Alberga, AP ‘168’ Lot ‘189’, 43 Montauk Avenue Stairway change during construction requiring a front yard variance. (§260-33) Dimensional Variances.

 

This application was withdrawn. Mr. Russo made a motion to accept the withdrawal of the Alberga application. Mr. Brockway seconded the motion. The motion CARRIED by unanimous vote with no abstentions.  

 

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

 

1.      None.

 

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

 

1.    Mario T Luzzi, 61 Friendship Street, AP ‘47’ Lot ‘8B’ Operation of a Self-Serve Laundromat (§260-34) Special Use Permit

 

            Mr. Loiselle reviewed the details of the application to create a self-serve laundromat in an existing 800-square-foot commercial space. He said there are no structural changes proposed for the building. Mr. Loiselle said staff supports the application and the business will provide a service to the community that has many multifamily houses. He added that the water and sewer capacity to the building is adequate for what is proposed.

The applicant, Mario Luzzi, of 37 Forrestal Drive, Westerly drive, was sworn in for public testimony. He explained there was previously a laundromat at the existing Cumberland Farms, and it has been a missed asset in the neighborhood. He described his professional background and real estate ownership in the community. Mr. Luzzi said he will be the operator of the business and is in the area every day. He described the business as a 24-hour self-service coin-operated laundry facility that will feature 24-7 security cameras and new machines. Mr. Luzzi said everything will vent out the rear of the building. Ms. Robinson and Mr. Cioppa expressed concern for the safety of a 24-7 business in the north end neighborhood. Mr. Cioppa requested an opinion from the Westerly Police Chief.  Atty. Levesque said under the business licensing provisions the applicant has requirements that include an opinion from law enforcement. In response to Board questions, Mr. Luzzi said the business will have a storage area that will remain locked and trash cans and recycle bins will be inside the building. Mr. Loiselle said the applicant will need to apply for a sign permit when a sign is proposed as it is not included in this application.

Area resident Andriy Papka, of 18 West Street, spoke via Zoom and said he lives across the street and the area is not well patrolled by police. He said his house got hit three times and bringing a laundromat will attract poor quality of people. He expressed concern for his children and stated the business could lower property values.  

Mr. Torres asked what the Zoning Board’s role is relative to safety and security. Atty. Levesque suggested there is no evidence before you to raise any of the security issues. Mr. Brockway said two Board members and one neighborhood resident voiced concern for safety. Atty. Levesque advised that they could say as a condition that the applicant must apply to the appropriate license board to be a 24-hour facility, which will require law enforcement review.

In a poll of the board, Ms. Robinson said she thinks the business is needed and supports the project with the condition that the police chief approves of the license. Mr. Cioppa said he was in favor of the project with the condition. Mr. Brockway, Mr. Russo, and Mr. Pawelkiewicz all agreed. Mr. Torres said he was in favor and suggested that concerned residents follow up with the police department with any concerns. Atty. Levesque reminded the Board and meeting attendees that there is an appeal process for any license that is issued.

Mr. Russo made a motion to close the Luzzi public hearing at 6:40 p.m. Mr. Cioppa seconded the motion. The motion CARRIED by unanimous vote with no abstentions.   

Mr. Brockway read into the record the details of the Luzzi Special Use Permit application for a coin-operated laundromat on Friendship Street, including information heard at the January 13, 2022 public hearing and made a motion to approve the Special Use Permit for a self-service coin operated laundromat. Mr. Cioppa seconded the motion. The motion CARRIED by unanimous vote with no abstentions.   

 

2.    Marco A. Scola, 14 Yosemite Valley Road, AP ‘173’ Lot ‘11A’ Construction of a single-family residence (§260-33) Dimensional Variances (Height)

 

 Mr. Loiselle explained some of the details for the application for a three-foot Dimensional Variance for building height to build a five-bedroom home. He said the subject property is currently undeveloped and has a driveway easement. The Zoning narrative incorrectly stated that the 2.56-acre lot in an LDR-43 district was in a flood zone, but it is not in a flood zone, Mr. Loiselle said. He described the lot shape as narrow, odd, and steeply sloped and stated that staff supports the application for the Variance. He said the new home will sit well below the other neighboring home and only a small portion of the roof will exceed 35 feet.

There was some clarifying discussion on the location for the new driveway.

Atty. Kelly Fracassa, the attorney for the applicant, said in the aerial GIS photograph, the driveway leading to the lot has an easement that goes over the bridge. He said the easement holder has a legal duty to maintain the driveway and bridge. Mr. Russo described the elevation changes in the four corners of the home at the request of Mr. Brockway; a foot difference between the front left and right and about half foot difference between rear left and right.

Atty. Fracassa introduced documents to the Board that were not previously submitted with the application; 3 deeds that created the lot to demonstrate it is not a self-made hardship. Atty. Levesque marked the deeds Exhibits 1, 2, and 3 for the record. A fourth document on the Onsite Wastewater Treatment System (OWTS) was marked as Exhibit 4. Atty. Fracassa said he made copies of vision appraisal tax cards of abutting properties and created a table of some of the same properties to demonstrate that the proposed project was in character with the neighborhood. Atty. Levesque marked the chart document applicant’s Exhibit 5.

William Malmstedt, associate partner at Vanderhorn Architects, 41 West Elm Street, Greenwich, Connecticut was sworn in for public testimony. He shared his professional background and was accepted as a professional witness by the Zoning Board. Mr. Malmstedt answered a series of questions from Atty. Fracassa and the Board members on the project.

There was no public comment. In a poll of the Board members, Mr. Torres said after walking the property and hearing the testimony he agrees it is the strange lot and configuration that created the hardship, and he is in favor of granting the Variance. Mr. Brockway agreed with Mr. Torres. Ms. Robinson said she was in favor of the application. Mr. Cioppa said he would support the application. Mr. Russo said he walked the lot and appreciates the design of the home, and he does not think compromising the pitch will help the design so he supports the application as submitted. Mr. Pawelkiewicz also supported the application.

Mr. Brockway made a motion to close the Scola public hearing at 7:54 p.m. Mr. Cioppa seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

Mr. Russo read into the record the details of the Scola Variance application including the testimony heard at the January 13, 2022 public hearing and made a motion to approve the Scola Variance application with the condition that the building height be verified by a professional engineer or land surveyor prior to the Certificate of Occupancy being issued. Mr. Torres seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

The Zoning Board took a brief recess at 8:05 p.m. and was called back in session at 8:10 p.m.

 

3.    Gary Julian, 23 Shore Road, AP ‘151’ Lot ‘91’Modification to previously approved Special Use Permit (§260-34)

 

Mr. Loiselle reviewed that the applicant appeared in May at the Board and was given approval then returned in August with minor changes to the plan and was also granted approval. He suggested the applicant return to the Zoning Board with an additional plan submitted to the Zoning Office that showed many minor alterations. Mr. Loiselle summarized the changes for the Board. He said staff is generally supportive of the application and changes are not radical but are substantive enough that he did not want to administratively approve it.

Sergio Cherenzia, owner of Cherenzia & Associates, LTD., Pawcatuck, Connecticut said his company provided civil engineering, land surveying, and permit support for the application. Mr. Cherenzia was sworn in for public testimony. He shared further details about the application.

Marcus Weldon, of 5 Camelback Way, the property to the northwest of the applicant’s driveway shown on the site plan, spoke via Zoom. He said he loved the plans and is supportive but what they have experienced since the work began is that much of the vegetation was removed, decreasing privacy, and giving clear visibility to Mr. Julian’s driveway. Mr. Weldon said he has planted arborvitae to help offset the changes but would appreciate Mr. Julian’s attention to this area.

Gerry and Caroline Murray, of 94 Oceanview Highway, spoke via Zoom and shared a similar concern as Mr. Weldon that on the other side of the driveway much of the vegetation was removed and they said the driveway was substantially raised. Mr. Murray said he was concerned about the sightline and water runoff. Mr. Murray also expressed concerns for nearby wetlands.

The applicant Gary Julian, of 23 Shore Road, was present via Zoom and sworn in for public testimony. Mr. Julian said the driveway has not been raised and the blacktop is right where it was when the property was purchased. He said he has taken down a lot of dead invasive vines and trees that were not adding to anyone’s property. He said he is trying to beautify the area and stated that he has spoken to the Murrays on several occasions and understands their concerns. He shared that he will eventually replant native shrubs and trees which will benefit everyone.

Ms. Murray responding to Mr. Julian that what they meant by elevating the driveway is that the sides have been elevated and widened four or five feet.

There was no further public comment.

In a poll of the Board, Ms. Robinson said she was in favor of the improvements, Mr. Cioppa said he was in support of the application, and Mr. Russo and Mr. Brockway were also in favor of it. Mr. Torres complimented Mr. Loiselle and Mr. Pawelkiewicz for bringing the application to the Board and said he was in favor of all the changes, Mr. Pawelkiewicz said he was in support of the application.

Mr. Russo made a motion to close the Julian public hearing at 8:46 p.m. Mr. Brockway seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

Mr. Cioppa read into the record the details of the Julian application for revisions to a previously granted Special Use Permit to expand a legal nonconforming single family residential use along with associated site improvements at 23 Shore Road including testimony heard at the January 13, 2022 public hearing and made a motion to approve the application with the conditions that the site work will conform to the plan “Julian Single-Family Residence Site Improvements”, by Cherenzia and Associates, Sheet C-1, stamped by Sergio Cherenzia PE No.9238 dated February 22 and revised through August 25, 2021, and that an as-built site plan be submitted to the Department of Development Services after construction is completed. Mr. Russo seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

4.    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

 

The application was continued to March 9, 2022 pending Planning Board review.

 

J.      STAFF COMMENTS

 

1.      Consider, Discuss, and Act on Zoning Board Rules of Procedure - There was some clarifying discussion on the delivery dates for Zoning Board packet materials. The Board also discussed voting rules related to denying and approving an application.

 

2.      Elect/Re-elect Chairperson and Vice Chair - Mr. Cioppa made a motion to nominate Mr. Pawelkiewicz to be reelected as Chairperson. Mr. Russo seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

Mr. Pawelkiewicz made a motion to nominate Mr. Cioppa to be reelected as Vice Chairperson. Mr. Brockway seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

K.    Applications Declared Complete, Waivers Granted and Scheduled for Public Hearing at the Wednesday February 2^, 2022 Zoning Board Meeting. Informational no action to be taken.

 

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

 

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

 

 There was no discussion on these items.

 

L.     ADJOURN -

Mr. Cioppa made a motion to adjourn the Zoning Board meeting at 9:22 p.m. Mr. Torres seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

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

 

Respectfully submitted,

 

Stephanie J. LaSota

Minute Taker

 

Approved by vote of the Board on February 9, 2022