Zoning Board – Meeting Minutes
Wednesday, April 12, 2023 - 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 the process for 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 Jeffrey Russo, Dawn Robinson, and Larry Burns, and Alternate Member Alan R. Martone

 

Members Absent:      Alternate Member Lori Moore was excused from the meeting.

 

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

 

C. APPROVAL AND REVISION OF MINUTES

1. March 8, 2023 – Ms. Robinson made a motion to approve as presented the March 8, 2023 Zoning Board meeting minutes. Mr. Burns seconded the motion. The motion CARRIED. Mr. Cioppa abstained from voting as he was excused from the March 8 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 were no approval of decisions to review.

 

F. PUBLIC HEARINGS CONTINUED BUSINESS – Consider, discuss, and act on application(s).

 

There was no business to discuss.

 

 

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

1. Stephen Crandall, 668 Atlantic Ave., AP ‘156’ Lot ‘50’Addition of an alcohol license to an existing restaurant. (§260-34) Special Use Permit

Jessica McMahon was present on behalf of the application request for a Special Use Permit to obtain a liquor license to serve alcohol at the existing Salty’s Clam Shack, 668 Atlantic Avenue, located in the shore commercial general zone. Mr. Loiselle briefly described the property and said the applicant needed a Special Use Permit for the license before it could be issued by the Town Clerk.

There was no public comment. In a poll of the Board, all members were in support of approving the application.

Mr. Russo made a motion to close the public hearing at 6:11 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 application request for a Special Use Permit for the addition of an alcohol license for Salty’s Clam Shack, 668 Atlantic Ave., AP ‘156’ Lot ‘50’ and made a motion to approve the application with no conditions. Mr. Russo seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

2. Michael & Suzette Sands, 36 Knowles Ave., AP ‘157’ Lot ‘103’ Proposed wood deck, swimming pool, granite steps, and concrete pool equipment pad. (§260-33) Dimensional Variances

            Mr. Loiselle explained that the application request is for a 15-foot rear yard setback variance and a 10.4 percent impervious surface variance to build a wooden deck, swimming pool, granite steps, and concrete pool equipment pad. The proposal shows a 1.9 percent increase in impervious surface area due to the features of the plans. He said Zoning staff is supportive of the application.

Michael Sands, the applicant, of 36 Knowles Avenue, was sworn in for public testimony. Mr. Sands said when they bought the home it was out of conformity, and they took 260 square feet of driveway and converted it into grass. Mark Castellanos, a professional land surveyor with Cherenzia & Associates, LTD., 99 Mechanic Street, Pawcatuck, Connecticut was sworn in for public testimony. Mr. Sands said they are asking for 133 square feet of deck that is out of code and replacing it with 136 feet. He said there is a large rock formation in the rear of his yard and this effects the location of the pool. He added that he was able to reach 11 of 16 neighbors who support the application. Mr. Loiselle said the Zoning Office has not received any letters of opposition from abutters or any questions about the project. There was some further discussion about existing vegetative buffer on the property and additional landscaping as part of the plan.

            There was no public comment. In a poll of the Board, all members were in favor of the application. Mr. Cioppa made a motion to close the public hearing at 6:29 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 application requesting a 15-foot rear yard setback variance and a 10.4 percent impervious surface variance to build a wooden deck, swimming pool, granite steps, and concrete pool equipment pad 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.

 

H. STAFF COMMENTS

            Atty. Levesque reviewed that he submitted a memo to the Zoning Board providing information on some of the pending legislative changes in the Rhode Island House of Representatives regarding land use. He briefly summarized the content of the memo. Mr. Cioppa asked if the Zoning Board could submit a letter to the Town Council expressing concern with some of the proposed legislation. Atty. Levesque said if there is a subset of concerns, staff can help the Board draft a letter. Mr. Cioppa said he would like it on the agenda for next month. Mr. Burns said he shares the concerns with Mr. Cioppa that the State may remove some control from local governments. Mr. Martone said he would have to research the proposed legislation further before providing an opinion, but he believes affordable housing is a need in the community. Mr. Russo agreed with Mr. Cioppa’s comments and would like to see a memo drafted. Atty. Levesque said they may have a vote in the State house in June, but he is unsure when action will be taken on all the proposed legislation. Discussion ensued regarding when the Board should draft and submit an opinion to the Town Council.

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

1. Thomas & Nicole McCarthy, 53 Beatrice Street, AP ‘17’ Lot ‘80’ One-car garage addition with master bedroom above. (§260-33) Dimensional Variance

2. Morgan H. Hvolbeck, 2 Leeward Drive, AP ‘137’ Lot ‘32B’ Master bedroom addition over existing garage and covered front porch. (§260-33) Dimensional Variances

3. Bailes, Firenza & Groves IV, LLC, 50 Wells Street, AP ‘87’ Lot ‘93’ New medical office building and parking area. (§260-34) Special Use Permit

J. ADJOURNMENT -

Ms. Robinson made a motion to adjourn the Zoning Board meeting at 6:47 p.m. Mr. Cioppa seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

Next Regular Meeting –Wednesday May 10^th 6:00 P.M. at Westerly Town Hall and Zoom.

 

Respectfully submitted,

 

 

Stephanie J. LaSota

Minute Taker

 

Approved by vote of the Board on May 10, 2023