Zoning Board – Meeting Minutes
Wednesday, June 8, 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 5:59 p.m. There was a moment of silence for recently deceased former Board member John Ornberg. Mr. Pawelkiewicz read into the record from the Zoning Board Rules of Procedure on hearing applications.

 

B. 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, and Information Technology Technician Michael Harris

 

D. APPROVAL AND REVISION OF MINUTES

 

1. May 11, 2022 – Mr. Brockway made a motion to approve the May 11, 2022 Zoning Board meeting minutes as submitted. Mr. Russo seconded the motion. Mr. Torres abstained as he was absent from the meeting. The motion CARRIED by unanimous vote.

 

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.

 

There were no changes to the agenda.

 

F. APPROVAL OF DECISIONS –

Consider, discuss, and act on application decisions referred to staff for writing.

 

There were no approval of decisions to discuss.

 

G. PUBLIC HEARINGS CONTINUED BUSINESS –

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

           

There was no continued business to discuss.

 

 

H. PUBLIC HEARINGS NEW BUSINESS –

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

 

1.    Merchants Village Associates, LLC, 21 Clark Street, AP ‘86’ Lot ‘62A-1’ Renewal of Dimensional Variance (Impervious Surface), (§260-33) Dimensional Variances

 

Mr. Loiselle introduced the application for a 11.7 percent impervious surface Variance. He said a Special Use Permit was previously granted and is still valid. The property has no wetlands and is not in a flood zone. The lot is currently undeveloped and in an HDR-6 Zone. Mr. Loiselle said the June 4, 1980 Special Use Permit was modified several times over the years to accommodate the changes to the development, including most recently in 2018. One dimensional element not set in 1980 was the impervious surface regulation. He said those regulations were added at a later date so this Variance is required to complete the phase of development. It was said that 191 units were fixed in the 1980 permit and 139 have been built. The project seeks to add 22 units at this time. Mr. Loiselle said the application does include a stormwater management plan. An August 2018 Impervious Surface Dimensional Variance was granted on August 15, 2018 and recorded on August 20, 2018 but expired in 2019 and they wish to reinstate it. There have been no Ordinance changes since 2018 and the Variance is good for 9 months before it expires.

Attorney Thomas Liguori was present on behalf of the application. He read that the application is consistent with the 2020-2040 Comprehensive Plan and reiterated that there have been no changes to the previously approved Variance. He said a Rhode Island Pollutant Discharge Eliminations System (RIPDES) permit existed in 2017 and a new one was recently issued and distributed to the Board. The Zoning Office received an inquiry today from a new neighbor at 26 Clark Street. Atty. Liguori set up a site plan to show that 26 Clark Street will have a view of open space and not the future development. He said that with respect to drainage swales, the bioretention area required for the additional units will be on Clark Street. Atty. Liguori said the neighbor had asked if there was vegetation planned and that information is depicted on the landscape plan that is part of the Planning Board packet of information and incorporated as conditions in the original approval.

There was no public comment.

In a poll of the Board, all members were in favor of approving the application. Atty. Levesque marked the 2018 Zoning Board’s Impervious Surface Dimensional Variance decision as Board’s Exhibit 1. Exhibit 1 is a three-page document dated August 16, 2018 detailing the Board’s August 15, 2018 decision recorded on August 20, 2018.

Mr. Cioppa made a motion to close the Merchants Village Associates, LLC. public hearing at 6:20 p.m. Mr. Torres seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

Mr. Brockway read into the record the details of the Merchants Village Associates, LLC, 21 Clark Street, AP ‘86’ Lot ‘62A-1’ application for the renewal of an 11.7 percent impervious surface Variance that was previously approved on August 15, 2018, referencing Board’s Exhibit 1, and all related documents and site plans entered into he record for the June 8, 2022 Zoning Board meeting, and made a motion to approve the application with no conditions. Mr. Cioppa seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

2. Gilmar Realty, LLC, 63 Salt Pond Way, AP ‘131’ Lot ‘19’Addition to an existing structure, (§260-33) Dimensional Variances

           

Mr. Torres said he is a resident on Salt Pond Way, but not in the abutter list so he would not recuse himself and would remain objective. Mr. Loiselle reviewed that the applicant is requesting a 6-foot side yard variance for a 20 by 23-foot addition to the home. The five-bedroom house is on a .41 acre property and the applicants seek a larger kitchen and living space to accommodate a large extended family that use the home regularly throughout the year. A portion of the planned addition is within a setback and requires a Variance.

Melanie Collins, office manager at Sacco Enterprises, was sworn in for public testimony. Peter Sacco, of 8 Cattail Drive, the project contractor, was also sworn in for public testimony. He said there will only be one kitchen in the finished home. Mr. Russo asked what the plan was for the existing space. Mr. Sacco said it will be demoed and will be a continuation of the new kitchen and dining area. He said there are many extended family members and when they gather at the home there may be 20 people in the kitchen at one time. The applicants live in Massachusetts, however 9 siblings in the family use the home throughout the year every weekend. Mr. Sacco explained it would be difficult to shift the addition to stay within the property lines as it would impact the bulkhead, the septic system, and block a bedroom window. There was extensive discussion on the lot, project details, and specifications of the addition plans.

Mr. Russo requested more details on the interior plans from Mr. Sacco. The Board agreed more details would help them decide on the application. Mr. Sacco said he can easily redo the plans and he submitted these thinking the Zoning Board would only examine the outside specifications. Mr. Cioppa asked if this could be continued to the August meeting as Mr. Russo would not be present at the July meeting.

Mr. Russo made a motion to continue the Gilmar Realty, LLC, 63 Salt Pond Way, AP ‘131’ Lot ‘19’ hearing to the regular August Zoning Board meeting. Mr. Cioppa 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 Zoning Board Meeting. Informational no action to be taken.

 

1.    Mason, 167 Watch Hill Road, AP ‘162’ Lot ‘30A’ Addition to an existing structure. (§260-33) Dimensional Variances.

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

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

K. ADJOURNMENT –

Board members shared thoughtful remembrances about the late Mr. Ornberg.

Mr. Brockway made a motion to adjourn the Zoning Board meeting at 7:13 p.m. Mr. Torres seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

Next Regular Meeting – July 13, 2022 at 6:00 P.M. at Westerly Town Hall, Council Chambers.

Respectfully submitted,

 

 

Stephanie J. LaSota

Minute Taker

 

Approved by vote of the Board on July 27, 2022