Zoning Board – Meeting Minutes

Wednesday, August 9, 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 Members Alan R. Martone and Lori Moore

 

Members Absent:      None.

 

Staff Present:             Town Planner Nancy Letendre, Assistant Solicitor for Planning & Zoning Scott Levesque, Minute Taker Stephanie LaSota, and Information Technology Technician Lanny Fuller

 

C. APPROVAL AND REVISION OF MINUTES

 

1.    June 14, 2023 and July 12, 2023 Zoning Board meetings.

 

Mr. Burns made a motion to approve the June 14, 2023 Zoning Board meeting minutes as submitted. Mr. Cioppa seconded the motion. The motion CARRIED by unanimous vote with no abstentions.  

Ms. Robinson made a motion to approve the July 12, 2023 Zoning Board meeting minutes as submitted. Mr. Burns 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.

 

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).

 

There was no discussion.

 

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. Martin, 5 Violet Lane, AP ‘176’ Lot ‘3’ Construction of an elevator shaft, deck addition. (§260-33) Dimensional Variances

 

            Ms. Letendre explained the application, which proposes a 5-foot 6-inch by 11-foot addition on the second floor deck, as well as the construction of an elevator shaft to service all levels of the home. The single-family dwelling is a little over 2,000 square feet. She said Zoning Official Martin Loiselle recommended the approval of the application.

Paul Azzinaro, principal architect of Azzinaro Architects & Associates, 108 Airport Road, Westerly, was present and sworn in for public testimony. The applicant, Paul Martin, owner of 5 Violet Lane, was also present. Mr. Azzinaro said a five-stop elevator is proposed to service the ground level up to the roof level. Mr. Martin was sworn in for public testimony. He said he has some elderly family members and family members with medical issues that require the use of an elevator. The proposed roof deck was approved via a modification application in March. Mr. Burns asked if the applicant created the need for relief because of the project proposal. Mr. Azzinaro said they made several attempts to rearrange the home to accommodate the elevator and could not come up with an alternative. Mr. Burns voiced concerns over the height request. There was some discussion on the height of the project. Ms. Robinson asked a series of questions on the use of the property. Mr. Martin said his mother has visited periodically and there are plans for her to be at the home more frequently. He said he uses the outdoor areas of the home very often. He shared that the family bought the original cottage in 1973 and he bought it from his parents in 2006 and the plan is to live at the home full time. There was no public comment. Mr. Azzinaro noted a letter of support from a neighbor at 3 Violet Lane.

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 6:26 p.m. Mr. Russo seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

Ms. Robinson read into the record the details of the Martin application to create a shaft for a residential elevator and to construct a 5-foot 6-inch by 11-foot addition to the second-floor deck at 5 Violet Lane, including the testimony heard at the August 9, 2023 Zoning Board meeting and information included in the August 1, 2023 Zoning Narrative by Mr. Loiselle and made a motion to approve the requests for a 9-foot left side yard variance for the elevator build, a 4-foot principal building height variance for the elevator overrun, and a 5-foot right side yard setback variance for the proposed deck addition to the rear of the residential structure with no conditions. Mr. Cioppa seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

2. 99 Franklin Street (Burger King), AP ‘88’ Lot ‘3’ Installation of signs (front yard, number of signs, and square footage) (§260-33) Dimensional Variances

 

Ms. Letendre explained the application and said the Zoning Official recommended its approval. Bruce Pugsley, construction manager for Jan Co Central, Inc., was present to represent the application. Mr. Pugsley was sworn in for public testimony. He briefly reviewed the details of the request. Ms. Letendre clarified that the freestanding sign will be moved within the required setback and require a variance of 1.4 feet. The variance required is for an additional 4 wall signs. The square footage of the free-standing sign will exceed the maximum number and require a 22.54 square foot variance. He said the new signage is part of Burger King’s new corporate design. There was no public comment. In a poll of the Board, all members were in favor of the application.

Mr. Russo made a motion to close the public hearing at 6:47 p.m. Mr. Burns seconded the motion. The motion CARRIED by unanimous vote with no abstention.

Mr. Burns read into the record the details of the application for Jan Co Central, Inc. and made a motion to approve the application request with no conditions. Mr. Russo seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

3. WESTERLY POST ROAD 16 LLC (Former Staples Bldg.), 16 Post Road, AP ‘99’ Lot ‘3’ Proposed Mini-Storage Facility. (§260-34) Special Use Permit

           

Mr. Burns recused himself from the application and left the meeting at 6:55 p.m. Mr. Martone acted as a full voting member on the application. Mr. Pawelkiewicz expressed his distress to the applicant and objector of the application with the timing of document submissions as the paperwork deadlines were not properly observed by either party. He reminded them that they were not there to approve or deny the special use permit for the application and the purpose of the hearing is to enter information in the public record.

            Ms. Letendre described the application request for the construction of a three-story ministorage building. She said it will go back to the Planning Board for further review of the engineering aspects of the plan. Atty. Levesque said they received several materials over the last few days. He described several documents for the record; an August 4, 2023 seven-page letter with attachments from Attorney Vincent Indeglia’s office marked applicant’s exhibit 1, a letter dated August 7, 2023 from Attorney Jennifer Cervanka was marked Remonstrance 1, a three-page letter dated August 8, 2023 from Attorney Thomas Liguori’s office was marked applicant’s exhibit 2, a two-page letter dated August 8, 2023 was marked remonstrance 2, another two-page letter dated August 9, 2023 from Atty. Liguori’s office was marked applicants exhibit 3, a two-page letter dated August 9, 2023 from Atty. Cervanka was marked remonstrance 3.

Ms. Robinson said she will have a difficult time receiving some of this information tonight and desires Mr. Loiselle to review it. Mr. Pawelkiewicz said the Board will do as much as they can tonight, but he does not want the hearing to go beyond 9 p.m. Atty. Indeglia introduced himself and was present with Attorney Thomas Liguori to represent the applicants. He referenced the August 1 Zoning Narrative and the completeness review dated June 28, 2023. He said Exhibit 1 was just a reference to those completed requirements for the record. Atty. Indeglia said they have two experts present to testify to the plans; Sergio Cherenzia, project engineer, and William DiLibero, professional planner. He referenced an ordinance that was passed recently and there was discussion that there was an appeal filed for the voting of the Town Council’s Zoning Amendment that is now in Washington County Superior Court.

Mr. Cherenzia was sworn in for public testimony. Atty. Liguori asked Mr. Cherenzia a series of questions identifying and describing the property. Atty. Liguori distributed a document, marked Applicant’s 4, a copy of the Town Council decision of the Zoning Ordinance text amendment allowing the use of ministorage in a general commercial zone. A packet of plans was submitted and marked Applicant’s 5. The Board called a recess at 7:57 p.m. The meeting was called back to order at 8:04 p.m.

Atty. Liguori continued his line of questioning to Mr. Cherenzia on the building and property details of the special use permit application. There was a brief review of the landscape plan and proposed tree species for the property. There was discussion about the potential evergreen screen and how quickly it may grow to hide the view of the building. Lighting was briefly discussed. Ms. Letendre said the Planning Board will require dark sky compliant lighting and it will be part of the Preliminary Plan review. The construction phase would be a 12-to-14-month period once they break ground, Atty. Indeglia said.

            Mr. DiLibero was sworn in for public testimony. He described an extensive educational background and his decades of professional experience. Atty. Indeglia asked Mr. DiLibero a series of questions pertaining to his review of relevant documents for the justification of the application’s special use permit approval. Mr. DiLibero testified that the existing property is abandoned property and the proposed facility will be of less intense use than the prior use so this is beneficial as it abuts a residential area. He testified to how the application complies with Westerly’s Comprehensive Plan. Mr. DiLibero testified that the application meets the requirements of the special use permit approval process. Ms. Robinson asked how they decided on three floors versus two. Atty. Indeglia said the building does not require high ceilings and three stories fit in the proposed height, which is less than 34 feet. There was clarifying discussion on the Zoning Ordinance text amendment written to approve the use of the property.

Mr. Pawelkiewicz said they will give the applicant an opportunity to respond to any comments by objectors at the next meeting. The public hearing will remain open until the September 13 Zoning Board meeting. There was confirmation that there would be a quorum at the September 13 meeting. Ms. Letendre asked that any additional materials from the applicant or opposition be submitted by September 1.

Mr. Russo made a motion to continue the public hearing to the September 13 Zoning Board meeting. Mr. Martone seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

I. STAFF COMMENTS

 

There was no discussion.

 

J. Applications Declared Complete, Waivers Granted and Scheduled for Public Hearing at the Wednesday, September 13th, 2023 Zoning Board Meeting. Informational only; no action to be taken.

 

 1. Grillo, 3 Mohawk Court, AP 58, Lot 130 Construction of an open roof over an existing front patio and stairway. (§260-33) Dimensional Variances

 

There was no discussion.

 

K. ADJOURNMENT –

Mr. Russo made a motion to adjourn the meeting at 8:58 p.m. Ms. Robinson seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

Next Regular Meeting: September 13th, 2023 at 6:00 P.M. at Westerly Town Hall.

 

Respectfully submitted,

 

 

Stephanie J. LaSota

Minute Taker