Zoning Board – Meeting Minutes
Wednesday, July 27, 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 meeting to order at 6:00 p.m. He read into the record from the Zoning Board Rules of Procedure for hearing applications.

 

B. ROLL CALL AND REVIEW OF STAFF ATTENDANCE

 

Members Present:     Chair Walter Pawelkiewicz, Vice Chair Larry Cioppa, and Members Jeffrey Russo, Dawn Robinson, and Larry Burns

 

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

 

D. APPROVAL AND REVISION OF MINUTES

 

1. June 8, 2022 – Ms. Robinson made a motion to approve the June 8, 2022 Zoning Board meeting minutes as presented. Mr. Cioppa seconded the motion. The motion CARRIED by unanimous vote with no abstentions.  

 

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.

 

Mr. Loiselle said the applicant for Mason, 167 Watch Hill Road requested a continuance to the August 10 meeting as they were unable to attend tonight’s meeting.

Mr. Cioppa made a motion to continue the Mason application to the August 10, 2022 regular Zoning Board meeting. Mr. Russo seconded the motion. The motion CARRIED by unanimous vote with no abstentions.   

 

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.    Boyle, 2 Circle Drive, AP ‘33’ Lot ‘69’ Addition to an existing structure (§260-33) Dimensional Variances. Continued from 07/13/2022

            Mr. Loiselle described the application. He said the subject property contains over 14,000 square feet, has no wetlands, and is not in a flood zone. It is in a medium-density residential zone. The 2,066 square-foot three-bedroom single-family home was built in 1985 and has an addition built in 2005. The family requires space to care for aging parents and expanding vertically is not an option so the proposed location is the only reasonable place to build. Mr. Loiselle said staff recommends approving the application.  

            Anthony Nenna, project engineer and principal of On-Site Engineering, Inc., 85 Beach Street, was present at the meeting along with the property owner, William Boyle, and both were sworn in for public testimony. Mr. Boyle’s wife, June, and her parents, who will live in the planned addition, were also present in the audience. Mr. Nenna thanked the Board for the special meeting so they could proceed with the project, and he further explained the plans, referencing Exhibit 1, a map, and Exhibit 3, a plan showing the offsets to the addition. He said the idea was to offset the addition so it would not look like a long line of homes and the plan will requires interior modifications to the office and bedroom as it will become a sitting room. The addition will also have a bedroom and handicap accessible bathroom. The existing location of a deck and pool prohibits the location of an addition in that area. He said the project will fit in with the neighborhood. Mr. Nenna referenced two letters from abutting neighbors that support the application. He added that the existing septic is sufficient for the project as they are not creating any new bedrooms since an existing bedroom will become a sitting area.

There was no public comment. In a poll of the Board, all members were in favor of approving the application. Mr. Russo made a motion to close the Boyle public hearing at 6:18 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 Boyle application request for a 12-foot right side Variance to build an addition on an existing single-family home at 2 Circle Drive, including information from the Zoning narrative dated July 6, 2022 outlining the project and made a motion to approve the Boyle Variance request with no conditions. Mr. Burns seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

3.    JT Holding, LLC, 62 Airport Road, AP ‘118’ Lot ‘17’ Installation of solar panels as a principle use in a GI zoning district (§260-34) Special Use Permit Continued from 07/13/2022

 

            Mr. Loiselle said the applicant is requesting a special use permit to construct a roof mounted solar array on an existing building, as well as a carport for a truck. The property is on 163,798 square feet or 3.76 acres in a general industrial zoning district.

            Ms. Robinson asked if anyone has seen the approval letter from the Federal Aviation Administration (FAA.) Attorney William Nardone, with offices at 42 Granite Street, was present on behalf of the applicant and distributed a copy of the letter to the Board. It was marked a Exhibit 1. Mr. Loiselle said this application did not require Planning Board approval.

            Stuart Flanagan, principal of Newport Renewables in South Kingstown, was sworn in for public testimony. He said the project does not have approval from Rhode Island Energy yet and needs a Special Use Permit from the Zoning Board  to receive that. Mr. Flanagan said the Town of Westerly will conduct the final building inspection.

            Atty. Nardone reiterated that the FAA made a determination that the project was of no hazard to air navigation. He said there will be a future Planning application for this property, as they are proposing a subdivision, but that does not affect tonight’s application. Jeffrey J. Augeri, chief engineer for the project, was sworn in for public testimony.

Mr. Flanagan explained that after 20 years the power can be sold at the wholesale rate or the project could start using its own energy with a metering agreement with Rhode Island Energy. He said many of the solar panel components are recyclable and because it is a regrowth project they have to pay per kilowatt per year. Atty. Levesque reminded the Board that there is a requirement for decommissioning in the Solar Ordinance and the applicants are aware. Mr. Flanagan explained the arrays do not use batteries. The power comes off the roof to an inverter and to a utility-owned transformer. He said it is a pad mounted transformer and nothing will be in the way of vehicles. Mr. Flanagan described the solar arrays as a ballasted system at a 10 degree tilt about 11 inches off the roof surface. There will be inspections completed by the Town’s electrical engineer, building inspector, and fire marshal.

            There was no public comment. In a poll of the Board, all were in favor of approving the application. Mr. Russo made a motion to close the JT Holdings, LLC. public hearing at 6:45 p.m. Mr. Cioppa seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

            Ms. Robinson read into the record the details of the JT Holding, LLC, 62 Airport Road, AP ‘118’ Lot ‘17’ application for a Special Use Permit to install solar panels as a principle application and made a motion to approve the JT Holdings, LLC. application pursuant to §260-34 and section §260-87.8 C.2. with the following conditions; that the approval from Rhode Island Energy is provided and it is approved, and there is adequate proof of thorough inspection of completion from all relevant entities to the Town of Westerly. Mr. Russo seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

H. PUBLIC HEARINGS NEW BUSINESS –

Consider, discuss, and act on application(s).

            There was no new business to discuss.

I. STAFF COMMENTS  -

Mr. Loiselle shared that the Town Clerk requested that the Town Council seek two alternate Zoning Board members.

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

 

K. ADJOURNMENT –

Ms. Robinson made a motion to adjourn the Zoning Board meeting at 6:55 p.m. Mr. Russo seconded the motion. The motion CARRIED by unanimous vote with no abstentions.  

Next Regular Meeting: August 10, 2022 6:00 P.M. at Westerly Town Hall.

 

Respectfully submitted,

 

Stephanie J. LaSota

Minute Taker

 

Approved by vote of the Board on August 10, 2022