Zoning Board – Meeting Minutes
Wednesday, November 9, 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 welcomed Mr. Martone as the new alternate member of the Zoning Board, and it was clarified that he was not a voting member except as needed for the purposes of a quorum. Mr. Pawelkiewicz read into the record from the Zoning Board of Review’s 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 Jeffrey Russo, Dawn Robinson, Larry Burns, and Alternate Member Alan R. Martone

 

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

 

C.  APPROVAL AND REVISION OF MINUTES

 

1.      October 12, 2022 – Mr. Russo made a motion to approve the October 12, 2022 Zoning Board meeting minutes as presented. Ms. Robinson seconded the motion. The motion CARRIED by unanimous vote.

 

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.

 

Mr. Loiselle said the Montesano, 5 Terrance Avenue applicants requested a continuance to the December 14 Zoning Board agenda, however since that meeting agenda is already full, the Zoning Office and applicant agreed to schedule the hearing for January 11, 2023. It was stated that Mr. Martone was recused from any discussion on this application. The Board discussed what documents should be available for the public hearing. Mr. Cioppa made a motion to continue the Montesano, 5 Terrace Avenue application to the January 11, 2023 Zoning Board meeting. Mr. Burns seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

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

 

1.    Ram Point Realty, LLC, 79 Watch Hill Road, AP ‘137’ Lot ‘24’ Change of use from Nursing facility to library / museum (§260-34) Special Use Permit. Continued from September 14, 2022

 

Mr. Loiselle introduced the application to renovate an existing nursing home into a library and museum. He described the property and surrounding neighborhood. The existing building has over 19,000 square feet and is located near wetlands and an existing flood zone, though the building is outside the flood zone. The project reduces the impervious surface area of the property. Mr. Loiselle said the Zoning Office supports the application and the use of the property.

Present on behalf of the application was Attorney William Nardone, with offices at 42 Granite Street, project engineer Anthony Nenna, project architect Justin Hedde, and landscape architect Katherine Weaver. Mr. Hedde and Mr. Nenna were both sworn in for public testimony. Mr. Hedde shared a slideshow presentation of the project, the existing property, and the proposed renovations for the “Westerly Museum of American Impressionism.” Atty. Nardone reviewed that the application received a favorable recommendation from the ARB and the Planning Board. Mr. Hedde said this will be a year-round facility that will operate on reduced daytime hours. He said once the application is approved and construction begins, he hopes it will be completed within a year to 16 months.

There was no public comment. In a poll of the Zoning Board, all members commended the project and said it will be a great addition to the Town.

Mr. Cioppa made a motion to close the Ram Point Realty, LLC. Public hearing at 6:26 p.m. Mr. Burns seconded the motion. The motion CARRIED by unanimous vote with no abstentions. 

Mr. Burns read into the record the details of the Ram Point Realty, LLC. application to create a Westerly Museum of American Impressionism, including the testimony and information shared at the November 9, 2022 public hearing and made a motion to approve the Special Use Permit request with the conditions that the grading easement at the abutting property 75 Watch Hill Road be recorded prior to construction. Ms. Robinson seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

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

 

 There were no appeals to discuss.

 

G.  PUBLIC HEARINGS NEW BUSINESS – Consider, discuss, and act on application(s).

 

1.    Doris, 18 Lawton Avenue, AP ‘165’ ‘105’ Raze existing and construct new single-family residence. (§260-33) Dimensional Variances

 

            Mr. Loiselle explained that the application request is for dimensional variances to demolish a 960 square foot home and to construct a new flood-compliant 1,935 square foot single-family dwelling. He said the property contains .17 acres and is in the flood zone. Attorney William Nardone was present on behalf of the application with John Masson, senior designer at Azzinaro Architects, 108 Airport Road. Mr. Masson was sworn in for public testimony. Atty. Nardone further described the plans and said they would decrease the impervious surface area on the lot. Mr. Masson displayed the plans for the proposed new four-bedroom, three-story home, which has a first floor compliant with Federal Emergency Management Act (FEMA) regulations and described the layout of the building.

            There was no public comment. In a poll of the Board members, all were in favor of the project and commended the design of the building. Ms. Robinson made a motion to close the public hearing at 6:46 p.m. Mr. Burns seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

            Mr. Russo read into the record the details of the Doris application to raze a 960-square-foot dwelling and to rebuild a new 1,935-square-foot sing-family dwelling at 18 Lawton Avenue with requested dimensional variances and made a motion to approve them without conditions. Mr. Cioppa seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

2.    Merryweather, 12 Donross Drive, AP ‘130’ Lot ‘5-7’ Installation of a solar tracking unit (§260-34) Special Use Permit

 

            Mr. Loiselle said the applicant is requesting a special use permit for the installation of a ground-mounted solar tracking unit. The property has 3.2 acres in a medium density residential (MDR-30) Zoning District. He said the panels will track the sun so the height will change but the panels shall rise no higher than 13.89 feet. The Zoning Board may allow solar panel height to exceed 12 feet as part of the special use permit approval. Ms. Robinson confirmed with the Zoning Official that the panels will not create a glare for aircraft.

            Anthony Baro, principal of E2SOL, LLC. (Efficient Energy Solutions), 10 Dorrance Street, Providence was present on behalf of the application with the applicant. He was sworn in for public testimony. He described how the solar tracking unit functions. Mr. Baro said the panels will be in the southwestern part of the property, which is secluded, and the parcel has vegetative buffer from neighbors except on the west side. He said the immediate neighbor on the west side would be able to see the units. The customer is seeking the solar use to reduce the cost of electricity expenses. Mr. Baro said they sent letters to all the abutters with photos of the project and did not received objections from anyone.

Ms. Robinson asked Mr. Baro a series of questions about the maintenance of the solar technology. He shared that the technology is about 10 years old, and the product is manufactured in Vermont. Mr. Baro said E2SOL, LLC. has installed about 40 units in Rhode Island. He said the oldest unit has been functioning for six years and has not needed any maintenance yet. Mr. Baro said the only maintenance required is to check the oil tank reservoir to ensure the units can move. Ms. Robinson suggested a condition for the maintenance of the units. Mr. Russo said it is not an appropriate condition nor is not appropriate for this Board to ask questions about the maintenance and replacement of parts of the units as it is a project on a private property. Mr. Baro said it is a low-voltage system so a fence is not required but the customer could consider adding a fence to shield it and beautify the property. He further described the height and angling of the panels. The trackers do make noise when they move well below the allowed decibel cap.

            There was no public comment. In a poll of the Board members, all were in favor of the project. Mr. Cioppa made a motion to close the public hearing at 7:16 p.m. Mr. Burns seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

            Ms. Robinson read into the record the details of the Merryweather application for a 1.89 foot height variance to install ground mounted tracking solar panels at 12 Donross Drive that exceed the 12-foot height restriction of the Westerly Solar Ordinance, including information shared at the public hearing, and made a motion to approve the request with no conditions. Mr. Russo seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

3.    Montesano, 5 Terrace Avenue, AP ‘142’ Lot ‘108’Amend prior approval for addition to a single- family structure. (§260-33) Dimensional Variances

This item was continued. See Changes to Agenda.

 

H.  STAFF COMMENTS

 

I.    Applications Declared Complete, Waivers Granted and Scheduled for Public Hearing at the Wednesday December 14, 2022 Zoning Board Meeting. Informational, no action to be taken.

 

1.    Eugene F. Mason, 167 Watch Hill Road, AP '162’ Lot ‘30A’ Raze existing structure and construct a (3) bedroom single family residence. (§260-33) Dimensional Variances

 

2.    Jack Lutzel, 5 North Main Street, AP ‘15’, Lot ‘8’ Landscape business with commercial office and outdoor storage. (§260-34) Special Use Permits

 

3.    Trestle Park LLC, 123 Oak Street, AP ‘48’, Lot ‘79’ Addition to the existing self-storage facility. (§260-33) Dimensional Variances

 

4.    Sally Filmore, 251 Shore Road, AP ‘131’ Lot ‘28’Addition of (2) dormers to the second floor of an existing non-conforming structure (§260-33) Dimensional Variances (§260-34) Special Use Permit

 

J.   ADJOURNMENT –

 

Mr. Russo made a motion to adjourn the Zoning Board meeting at 7:26 p.m. Ms. Robinson seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

Next Regular Meeting: December 14, 2022, 6:00 P.M. at Westerly Town Hall.

 

Respectfully submitted,

 

 

Stephanie J. LaSota

Minute Taker

Approved by vote of the Board on December 14, 2022