Zoning Board – Meeting Minutes
Wednesday, May 11, 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 instructions on hearing applications from the Zoning Board’s Rules of Procedure.

B. ROLL CALL AND REVIEW OF STAFF ATTENDANCE

Members Present:     Chair Walter Pawelkiewicz, Vice Chair Larry Cioppa, and Members Doug Brockway, Jeffrey Russo, and Alternate Member Dawn Robinson

 

Members Absent:      Member James Torres

 

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

 

Ms. Robinson participated as a full member for both public hearings.

 

C. APPROVAL AND REVISION OF MINUTES

1. April 20, 2022 – Mr. Brockway made a motion to approve as submitted the April 20, 2022 Zoning Board meeting minutes. Mr. Russo seconded the motion. The motion CARRIED by unanimous vote with an abstention from Mr. Pawelkiewicz, who was absent from the April 20^th meeting.

D. 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.

 

E. APPROVAL OF DECISIONS –

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

            There was no discussion.

F. PUBLIC HEARINGS CONTINUED BUSINESS –

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

           

1.      Petsalis, 197 Watch Hill Road, AP ‘173’ Lot ‘6-1” (§260-34) Special Use Permit Raze existing structure and construct a single-family dwelling, increasing non-conforming use up to 25%. (§260-34) Special Use Permit. Continued from the March 9th public hearing *original packet

 

Mr. Loiselle explained that the applicants are requesting a Special Use Permit to raze and rebuild a home to make it flood compliant as it is in a flood zone. He said the applicant revised the original plan, which reduced the height by 4 feet and two inches. Mr. Loiselle said staff is supportive of the application.

Attorney Thomas Ligouri was present on behalf of the application along with project engineer Teresa Transue, of Cherenzia & Associates, LTD., who was sworn in for public testimony. Atty. Ligouri explained that the existing structure is nonconforming because there is more than one home on a single lot. There was extensive review of the history of the home and Ms. Transue confirmed it existed before 1925. Project architect John Masson, of Azzinaro Architects and Associates, Inc., Westerly, was sworn in for public testimony. Atty. Ligouri asked Mr. Masson a series of questions to determine how the architectural plan for the project was created and how Mr. Masson calculated the usable square footage. He said 1,094 square feet of floor space is used currently and up to 1,367.5 feet is allowed with the 25 percent expansion. Mr. Masson designed floor plans based on this allowance. The revised plans dated May 2, 2022 were referenced. There was extensive discussion on how the floor area was calculated. Mr. Russo confirmed with Mr. Masson that on the original calculation the attic was not included in the usable floor space.

Atty. Ligouri added that the revised site plan eliminates a driveway on Watch Hill Road, which was one of the issues raised by a letter the applicant received from the Watch Hill Conservancy (WHC), of One Bay Street, Watch Hill. A two-page written agreement signed by Deborah Lamm and the applicant, Shara Petsalis, on May 10, 2022 was emailed to the Zoning Board this afternoon. The two-page document was marked Applicant’s Exhibit 1. Mr. Brockway said he was unable to read the late submission and confirmed with the Board and legal counsel that the substantive information in Exhibit 1 eliminates a curb cut and decreases the building height.

Ms. Lamm was present at the meeting and was sworn in for public testimony. Mr. Cioppa expressed disappointment in the actions of the WHC to submit a late letter, delaying the application, when they had a two-month period to submit any information. Ms. Lamm stated that she believed they were submitting the information at the proper time to be heard at the public hearing.  Mr. Cioppa said it inconvenienced the Zoning Office and the applicant. Atty. Levesque confirmed that members of the public may submit commentary whenever a new application is submitted and opened. It was reviewed for Ms. Lamm that Zoning Board packets are delivered to Board members one week prior to a meeting. Mr. Brockway said he is disappointed with how the WHC has been handling legal matters before the Zoning Board. Ms. Lamm repeated that the WHC was prepared to introduce testimony at the public hearing and her understanding is that they can enter in testimony at that time. Atty. Ligouri said he was also frustrated by the WHC submission prior to the last meeting. He said once all relevant parties discussed the matter, it was quickly resolved. Ms. Lamm apologized to the Board and applicant for any inconvenience that WHC may have caused, and she praised the applicant for her graciousness.

There was no public comment. In a poll of the Board members, all members were in favor of the application. Ms. Robinson thanked the owner for the letter she submitted with the application and said she appreciated all the neighbors attending the meeting. She complimented the design of the home. Mr. Pawelkiewicz agreed the application was well done.

Mr. Russo made a motion to close the Petsalis public hearing at 6:44 p.m. Ms. Robinson seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

Mr. Cioppa read into the record the details of the Petsalis application to propose demolition and reconstruction of a single-family home at 197 Watch Hill Road, making it flood zone compliant. He read that the property is nonconforming due to the three single-family homes on one lot and is in the low-density residential zoning district. Mr. Cioppa referenced the May 3, 2022 Zoning narrative, along with public testimony given at the meeting and made a motion to approve the Petsalis application for a Special Use Permit at 197 Watch Hill Road with the condition that all items listed in Applicant’s Exhibit 1 be followed. Mr. Brockway seconded the motion. Mr. Pawelkiewicz added an amendment to the plan that Mr. Torres was recused due to illness. The motion CARRIED by unanimous vote with no abstentions.

 

G. PUBLIC HEARINGS - Appeal to the Zoning Board of Review –

Consider, discuss, and act upon appeals.

 

            There was no discussion.

H. PUBLIC HEARINGS NEW BUSINESS –

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

1. Iacono, 14 Plimpton Road, AP ‘179’ Lot ‘89’    Raze existing garage and construct new garage (25’ x 25’), new deck, porch, and outdoor shower. (§260-33) Dimensional Variances

            Mr. Loiselle explained that the applicant seeks to demolish a garage that is in disrepair and rebuild a 25-foot by 25-foot garage, which requires a 37.7-foot rear yard Variance, a 27.2-foot side yard Variance, and a 13 percent impervious surface Variance. As a condition of approval, the applicant must not have a full kitchen or rent out the habitable space planned for above the garage. There was discussion on the regulations for the space planned for above the garage. The applicant also sought relief for the construction of a new deck, rear porch, and outdoor shower, requiring a 9.1-foot rear yard Variance and a 16.8-foot right side yard Variance.

            Keith Briggs, director of production, with Davitt Design Build, 4 Frank Avenue, West Kingston was present on behalf of the application and sworn in for public testimony. He said the owners are currently doing an extensive renovation on their home and they want the garage to complement their home. There is limited off-street parking and it is impossible to have a car near the side entry. Mr. Briggs said they are repouring the garage foundation with footings. The existing structure is entirely concrete. He said the applicant did not consider not rebuilding because they would like a garage. Mr. Loiselle said it was determined by the Building Official that the structure was a tear down and they would be able to build on the same footprint and same size. There was discussion on the size of the garage and the proposed second floor. Some Board members expressed concern for the potential of someone living in the space. Mr. Mr. Russo said the applicants have the right to the full enjoyment of their property. Mr. Briggs said the main reason for the second floor is because of adding a roof with pitch to match the aesthetics of the home and to enhance the property. The applicants did not want to waste the upper space. Board members were satisfied with this explanation.  

            There was no public comment.

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

            Mr. Cioppa made a motion to close the Iacono public hearing at 7:22 p.m. Mr. Russo seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

            Mr. Brockway read into the record the details of the Iacono application to demolish an existing garage and rebuild a 25-foot by 25-foot garage, with second floor living area, which requires a 37.7-foot rear yard Variance, a 27.2-foot side yard Variance, and a 13 percent impervious surface Variance, along with the request for a 9.1-foot rear yard Variance and a 16.8-foot right side yard Variance to construct a new deck, rear porch, and outdoor shower at14 Plimpton Road including testimony heard at the May 11 public hearing and made a motion to approve the Iacono application with the conditions that the finished living space above the garage shall not be used as a separate dwelling unit or be rented with short or long term tenants and shall not have kitchen appliances like a stove or kitchen sink. Mr. Russo 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 June 8, 2022 Zoning Board Meeting. Informational no action to be taken.

 

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

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

There was no discussion on agenda item K.

K. ADJOURNMENT –

Mr. Cioppa made a motion to adjourn the Zoning Board meeting at 7:32 p.m. Ms. Robinson seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

Next Regular Meeting – Wednesday, June 8, 2022 at 6:00 P.M. at Westerly Town Hall.

Respectfully submitted,

 

Stephanie J. LaSota

Minute Taker