Zoning Board – Meeting Minutes

Wednesday, October 12, 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 of Review’s 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

 

C. APPROVAL OF MINUTES

 

1. August 10th, 2022 – Mr. Russo made a motion to approve the August 10, 2022 Zoning Board meeting minutes as submitted. Ms. Robinson seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

D. CHANGES TO AGENDA – Consider, discuss, and act upon schedule change for applications.

 

Mr. Loiselle said the applicant for 79 Watch Hill Road has requested a continuance to the November 9 Zoning Board meeting. An unrelated separate application for an addition was withdrawn and is tentatively scheduled for the December 14 meeting, he said.

 

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

 

1.    None

 

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

 

1. Gilmar Realty, LLC, 63 Salt Pond Way, AP ‘131’ Lot ‘19’ Addition to an existing structure, (§260-33) Dimensional Variance Continued from August 10, 2022

 

Mr. Loiselle reviewed that the home is 8.8 feet from the left lot line. A bulkhead is centrally located in the rear and limits the position of an addition. He said it makes sense to put it on the right side of the bulkhead. Mr. Loiselle said a scaled version of a suggested drawing by a Board member was sent to the applicant for consideration. He said the applicant will need to explain why a 20 by 23-foot addition is necessary and why they it is the least relief necessary.

Attorney Robert Craven, with offices 7405 Post Road, North Kingstown was present on behalf of the applicant. He reviewed that the house was built in 1952 and is 1,656 square feet. It has a preexisting nonconforming setback and no prior variances were granted. The relief they are requesting is 6 feet from a 15-foot setback. Atty. Craven said the family has used the home as a summer beach home but they have a large extended family who uses it on weekends and extended trips during the summer. The family loves to cook and the kitchen is not large enough to accommodate their gatherings, he said, adding that the applicant tried various options to configure the dining area and kitchen.

Atty. Craven said the request is for a 20 by 23-foot addition and they did not want to build at 17 by 20 feet. They believe their request is an appropriate project to expand the kitchen. He said there are 8 owners on the deed. Ms. Robinson said she is challenged to approve this application when a previous application in the same neighborhood was denied a dimensional variance and that applicant had an illness as justification. She also shared concerns about expanding the homes in this area, which is near a body of water. Atty. Craven said most of the addition will be within the lot line requirements. Ms. Robinson said it would help to see the actual design of the kitchen to know why it must be six feet wider. Mr. Burns asked if they thought to put a jog in the addition to the south so you could get more square footage without asking for a variance.

The project contractor, Peter Sacco, of 8 Cattail Drive, was sworn in for public testimony. He said to do what Mr. Burns suggests would be the east side of the property. He said the addition is not just a kitchen but also a living room area, adding that the client did not build the house but is trying to work with it. He said they tried the suggested 17 by 20-foot plan but a northeast L-shape addition is not as economical. Mr. Sacco said that plan would require moving a bedroom and a bulkhead and if you remove a window, you lose an egress and so you lose a bedroom. Mr. Cioppa suggested the applicant design the kitchen to fit the smaller space. Mr. Russo said he sees Mr. Burns’ suggestion as a viable alternative. Mr. Sacco said the septic system would be compromised with that suggestion. Atty. Craven advised that they continue the item so the applicant may once again try the Boards’ suggestions.

Mr. Russo made a motion to continue the 63 Salt Pond Way application to the December 14 Zoning Board meeting. Ms. Robinson seconded the motion. 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 were no public hearings of appeals to discuss.

 

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

 

1. Alrig USA Acquisitions, LLC, 156 Granite Street, AP’77’ Lot ‘395’ Construction of a Starbucks coffee shop w/ drive up facility (§260-33) Dimensional Variances, (§260-34) Special Use Permit

 

            Mr. Loiselle reviewed that the applicant is requesting a special use permit and dimensional Variances for a Starbucks drive through restaurant. A 2,410-square-foot new restaurant would be created with two proposed two-way access points. A 3.35 height variance for sign is recommended to match the current sign height instead of the requested height. Mr. Loiselle said the project meets the lot area and frontage requirements. He said the Planning Commission has identified the Cross and John Street intersection as important for the Town’s Route 1 Corridor Plan.

            Project Engineer Jake Modestow, of Stonefield Engineering and Design, 120 Washington Street, Salem, Massachusetts was sworn in for public testimony. He said the project has been in motion for almost a year, and has included conversations with the Planning Office. Mr. Modestow displayed the site plan dated May 11, 2022 to the Board. He said the project will reduce the impervious coverage by 18 percent. There was discussion about the details of the application including its layout and operational logistics. Mr. Modestow said Starbucks will be a tenant of the landowner.

            During discussion about signage, the Board consensus was that the requested sign heigh was too tall. Mr. Modestow said the proposed sign is for the identification of the business for northbound traffic. He said pylon signs are still needed for businesses even with the digital GPS trends. There was discussion about the Architectural Review Board’s (ARB) comments on the plans. The Planning Board will need to approve the Final Plan after the Zoning Board approves this application.

            Mr. Modestow confirmed that all utilities will be underground and hooked into the Town’s system.

            Attorney Michael Cozzolino, with offices at 80 Beach Street, and owner of the abutting property, which he leases to Gansett Wraps, said he has no specific objection but the Town Ordinance provides special conditions for a special use permit. It was discussed that a right of way would be granted along the back of the property for the benefit of Gansett Wraps customers so they may exit out onto John Street instead of Granite Street. He said this was recommended by the Planning Office. He requested that 160 Granite Street be granted a deeded 15-foot wide right of way to alleviate some of the traffic issues. He said the Town seemed to think it made sense and it wasn’t specifically mentioned in the application. Mr. Russo asked if they were giving Starbucks any funds for this. Mr. Cozzolino said it was not requested or discussed. Mr. Modestow said a rear right of way was a condition of the Preliminary Phase application, but it wasn’t specified to one parcel. He said it would be an access easement for all the abutting properties. Mr. Cozzolino requested that the Zoning Board approve the request tonight and include all prior conditions established by the Planning Board, including the access easement to John Street. Atty. Levesque said it is sufficient to include it in the decision as the applicant has agreed to the provision. Mr. Cozzolino objected to the sign height variance and worried it may obstruct his client’s sign. He said he does not see a hardship for it and it would not give special preference to Starbucks. Mr. Modestow said the hardship was communicated in his presentation and in writing because of the location of the structure and the characteristics of the lot. Mr. Cioppa said he is not willing to compromise on the sign height. Mr. Russo agreed the Board should stick with a 3.5 foot Variance on the sign as recommended by Mr. Loiselle. He commended the rest of the application. There was brief discussion about the Sign Ordinance and height requirements as written.

            Mr. Russo made a motion to close the Starbucks public hearing at 7:27 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 Alrig USA Acquisitions, LLC. application request to build a Starbucks at 156 Granite Street, including the existing conditions and characteristics of the lot, and she referenced all the facts of the project as stated in the public record, saying that the applicant has satisfied all the standards for the Variance and made she made a motion to approve the Special Use Permit for the drive through restaurant and a 5.7 percent impervious surface variance, a 26.7-foot front yard setback variance and a three-foot drive through lane width variance of four foot two-way drive aisle width variance, a five-foot landscape perimeter buffer variance, a 3.5 foot freestanding sign height variance, a wall sign Variance for two additional wall signs, three total, for the proposed Starbucks drive through restaurant at 156 Granite Street, with the conditions that an access easement will be granted as agreed by Starbucks. Mr. Cioppa seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

2. Walmart Inc., 258 Post Road, AP’ 112’ Lot ‘023-2A’Modification of conditions of previous approval for the placement of storage containers and outdoor sales. (§260-33) Dimensional Variances

 

Mr. Loiselle said Walmart requests to modify a previous approval from June 22, 2000. They want to modify condition 15 of a Zoning Board decision so a maximum of 12 storage containers will be allowed along with a seasonal area. Walmart seeks an outdoor sales and storage area for seasonal merchandise and the closest container would be 145 feet from the rear property line. He said the seasonal area would be within the 75-foot setback and still have the right amount of parking. Loiselle said some neighbors did ask about plans. Condition 8 said trucks would not idle behind the building.

Attorney Melissa M. Horne, with Higgins, Cavanagh & Cooney LLP, 10 Dorrance Street, Suite 400, Providence, was present on behalf of the applicant, along with project engineer James Bohler, and David McKeith, Walmart’s Asset Protection Coach. Atty. Horne said they request it to be approved in perpetuity so Walmart does not need to continue to ask permission but there may not always be 12 storage containers on site and that would be the maximum number allowed. The Board recommended a condition of approval that the containers be non-refrigerated.

Ronald Thompson, of 33 Sandy Lane, Westerly said the boxes are about 80 feet from his deck. He said he often hears the noise associated with the area, adding that he has opposed the project in the past and is opposing this project for the fourth time. Mr. Thompson said he has called the police in the past regarding the perceived noise violations. He said he can hear them when they open the containers.

Mr. McKeith said the trailers on the side of the building are gone. He said they do get trailers that they are docking but they are unloaded well before 9:30 p.m. They comply to the noise Ordinance. He continued to describe the organization of the unloading. Mr. Thompson claimed he has heard noise beginning at 4:30 a.m. Loading and unloading is allowed between 6:30 a.m. and 9:00 p.m. in the Noise Ordinance. Mr. Pawelkiewicz said according to the Zoning Official the trailer would be 145 feet from the rear property line. In March a temporary permit was acquired for containers on the side. Atty. Horne said she was not there at the time and by the Ordinance they are required to be behind the building.

Jocelyn Mullaney, of 35 Sandy Lane, purchased her home about 6 years ago and she was told there were agreements with Walmart as far as trucks and containers. She said the noise has grown exponentially, and the lawn and garden area will use leaf blower at 4:45 a.m. She said it is too much noise for a residential area. She said she has called Walmart and the police several times. She disagreed with the applicant’s request. She said she can not reach a Walmart employee at the early hours and police have said they will send someone there or they respond that it is a business that produces noise. There was discussion about the existing signage on the site to deter truck access and idling. Mr. Cioppa asked Ms. Mullaney to continue to call the police if she thinks the Noise Ordinance is broken, but it is not within the Zoning Board’s purview.

Arthur Amor, 25 Cosmo Street, said the containers may inhibit the Fire Department from doing the job correctly. Mr. Loiselle said the fire department did approve the location. Mr. Amor said he would love to see the existing fence replaced with something of better quality that has a sound barrier.

Atty. Horne said one of the conditions of the 2000 Variance is a 10-foot-high fence to shield the area. She said the fence is staggered in areas to provide fire access and shield the residential properties. Mr. Amor said they do maintain the fence, but it is a “rinky-dink” material and he would like to see a more quality fence.

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

Mr. Russo made a motion to close the Walmart public hearing at 8:28 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 Walmart application request based on the information entered into the public record at the October 12 hearing and the testimony shared and made a motion to approve the request to modify condition 15 so that a maximum of 12 storage containers will be allowed on site with the conditions that no refrigerated containers be on site, and that the containers be installed in the location per the approved site plan. Mr. Cioppa seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

I. STAFF COMMENTS

 

1. None

 

J. Applications Declared Complete, Waivers Granted and Scheduled for Public Hearing at the Wednesday November 9, 2022 Zoning Board Meeting. Informational, no action to be taken.

 

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

 

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

 

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

 

K. ADJOURN –

Mr. Cioppa made a motion to adjourn the Zoning Board meeting at 8:37p.m. Mr. Russo seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

Next Regular Meeting: November 9th, 2022, 6:00 P.M. at Westerly Town Hall.

 

Respectfully submitted,

 

Stephanie J. LaSota

Minute Taker

 

 

Approved by vote of the Board on November 9, 2022