Zoning Board – Meeting Minutes

Wednesday, January 11, 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 details for hearing applications from the Zoning Board of Review’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, 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. December 14, 2022 – Mr. Cioppa asked that a correction be made on page 4 of the December 14, 2022 minutes regarding the use of an applicant’s second floor. Mr. Cioppa made a motion to amend the December 14, 2022 Zoning meeting minutes as stated. Mr. Russo seconded the motion. The motion CARRIED by unanimous vote with an abstention from Ms. Robinson who was absent from that meeting. Mr. Cioppa made a motion to approve as amended the December 14, 2022 Zoning meeting minutes. Mr. Burns seconded the motion. The motion CARRIED by unanimous vote with an abstention from Ms. Robinson who was absent from that meeting.

 

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

 

Ms. Robinson made a motion to move the Montesano application to be the third case discussed this evening. Mr. Burns seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

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

 

There was no business to discuss.

 

 

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

 

There was no business to discuss.

 

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

 

1.    J & C Luzzi Homes, 60 Ledward Avenue, AP ‘68’ Lot ‘74’ Construction of a two-family dwelling. (§260-33) Dimensional Variances and (§260-34) Special Use Permit

 

Mr. Loiselle described the application and the property details. The applicant wants to create a new duplex lot to build a two-family dwelling. The project is supported by staff and will add two affordable housing units to the Town. Present for the application was Attorney William Nardone, with offices at 42 Granite Street. Atty. Nardone said once the applicant must return to the Planning Board for preliminary plan approval once they receive Zoning approval and all previous Planning Board conditions are in process.

Nikki King, of 42 Ledward Avenue, asked how to get information on what will be developed. Atty. Nardone said the access to the remaining 11 acres is on Gardner Drive. He showed Ms. King on the site plans the location of the area of development and disturbance.

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 6:15 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 J & C Luzzi Homes, 60 Ledward Avenue application to construct a two-family dwelling, including the details of the applicant’s presentation and the content of the January 11, 2023 public hearing and made a motion to grant a Special Use Permit and a 46.98 lot frontage variance to create a new duplex lot and create a two-family dwelling with the condition that the 21 conditions outlined by the Planning Board are implemented. Mr. Russo seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

2. Evan Isted, 13 A & B Pond Street, AP ‘36’ Lot ‘162’ Change the existing non-conforming use of a two family with commercial structure to a two family with a residential structure. (§260-33) Dimensional Variances and (§260-34) Special Use Permit

 

Mr. Loiselle introduced the application, which was a request to change the nonconforming use of a two family with commercial structure to a two family with a residential structure, planned as a single- family home. Sergio Cherenzia, project engineer and principal of Cherenzia & Associates, Ltd., 99 Mechanic Street, Pawcatuck, Connecticut was present on behalf of the application and sworn in for public testimony. He said the commercial building will be converted to a single-family use creating a three-family property. Only interior renovations and light renovations to the façade will be done. The property has the required parking for the site.

Nathanial Whipple, of 11 Pond Street, said he was in favor of the application because the smaller building, 13 A, has been vacant for years and if it became a residence, it would help the area’s aesthetics and local property values.

In a poll of the Board, all members were in favor of approving the application. Mr. Russo made a motion to close the public hearing at 6:33 p.m. Mr. Cioppa seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

Mr. Burns read into the record the details of the Evan Isted, 13 A & B Pond Street application and made a motion to grant the Special Use Permit request, a 8,443 square-foot lot area variance, a 24-foot lot frontage variance, an 11.77-foot front yard setback variance, and a 13.35-foot left side yard setback variance to change the existing non-conforming use of a two family with a separate commercial structure on one parcel to a two family with a separate residential structure on one parcel with no conditions. Mr. Cioppa seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

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

1.    Montesano, 5 Terrace Avenue, AP ‘142’ Lot ‘108’ Amend prior approval for addition to a single- family structure. (§260-33) Dimensional Variances Continued from 11/9/2022

 

Mr. Pawelkiewicz said Mr. Martone was recused from the application. He stated that the focus of the hearing is to determine if the standards for a dimensional variance have been met by the applicant and any other disputes concerning this property are not relevant to this case and will not be heard this evening. Mr. Loiselle described the property and lot. He said the applicant wishes to modify a variance decision granted on July 6, 2021. The current application seeks to add a garage with a second story containing two bedrooms and a full bath and to eliminate a planned second floor addition on the existing house. Although the proposal reduces the nonconforming impervious surface, the applicant requests a 1.6 percent impervious surface variance. He said the new proposal reduces the overall height of the project and is 10 feet below the max height allowance. Mr. Loiselle said that between October 31, 2022 and January 11, 2023 the Zoning Office received seven letters in support of the project and seven letters opposing the project.

Attorney Michael Kelly, with offices at 128 Norwich Street, Providence, was present on behalf of the applicants, Joseph and Jean Marie Montesano. Ms. Montesano was also present at the meeting.

Atty. Kelly said the initial plan was revised but now the request is for a 2,461 square foot project and the lot size is 7,612 square feet. The home is much closer to the southerly border, and they will not intrude on that 15-foot setback, he said. The approved plan from July 2021 planned for 3,124 square feet and this new plan was modified to satisfy neighborhood and Board concerns.

Ms. Montesano was sworn in for public testimony. She said they desired to update the 1960 ranch style home and her and her husband plan to stay there and bequeath the home to their children. Although they are empty nesters, they require space for visitors when their children and grandchildren visit. She said the approved plan would not work for their needs, so they redesigned it. There is only a one car garage. She said the original home office has been eliminated and this plan is only two thirds the size of the original plan. Ms. Robinson thanked the applicant for returning with a new design and commented that the workshop in the garage appears to be eliminated. Ms. Montesano said there is a storage space planned at the rear of the garage. She said the home was purchased in 2014 but they moved there in July 2018. The interior of the existing home will be modified so that the main living can be on a single floor. Ms. Montesano disclosed that she has a diagnosis of fibromyalgia, and she must conserve her energy. Their son currently resides with them. Guests would be able to stay in the planned addition above the garage. The garage plan is a necessity for Ms. Montesano to avoid the elements and more easily transition from the car to the home.

Attorney Michael P. Lynch, with offices at 117 High Street, asked for an opportunity to examine the witness. Atty. Kelly objected to that and suggested no new information would be added from a cross examination. Atty. Levesque said the rules of procedure require the applicant to speak and any public questions should be directed through the Chair of the Board.

 

Alfred DiOrio, principal surveyor with offices in Hopkinton, was sworn in for public testimony. The stormwater management plan was prepared by him, and he said the septic system was already approved by the Rhode Island Department of Environmental Management (RIDEM.) Mr. DiOrio said the new system is an improvement as there is an existing cesspool in the northeasterly corner of the property. There was some discussion about the location of the new septic system. Mr. DiOrio said all stormwater will be contained on site. He said impervious surface is identified on the map as 36.6 percent, so it is a reduction from the existing approval. He said that the variance requested is the least relief necessary. Mr. DiOrio said he was not involved in the Coastal Resource Management Council (CRMC) assent application but he was told that a new application has been filed. Atty. Lynch said he has a continued objection to the procedure of not being able to cross examine the witnesses.

Project architect Travis Serra, owner of Serra Design, Charlestown, was sworn in for public testimony. He said there is an addition over the garage and a small utilitarian 6-foot addition that was previously approved in the front yard. He said the existing footprint of the house will not change. Mr. Serra said the garage design accommodates Ms. Montesano’s vehicle, the space at the rear of the garage is for storage, and the size is dictated by the minimum bedroom size on the second-floor addition.

Joseph Lobato, of 7 Clamshell Drive, spoke as a neighbor, friend, and abutter of the Montesano family. He said he submitted a letter of support to the Zoning Office. He said he feels this type of project is beneficial to the neighborhood. Mr. Lobato said the hardship is because of the lot size and shape and it is his opinion that the project would not alter the character of the neighborhood in any way. He has a direct view of the home from his residence.

Jim Torres, of 19 Salt Pond Way, spoke as an abutter and submitted a letter of support for the application. He said the applicant has clearly met the burden of proof for the Zoning Ordinance and as described in the Rhode Island reference zoning guidebook. He said they satisfied all five standard criteria on which the application should be judged, and he did not hear any evidence given tonight that contradicts his opinion. He encouraged the Board to approve the application.

Atty. Lynch claimed the applicant failed to file an amendment application within the appropriate timeframe since the July 2021 zoning decision and so the application should become void. He said Mr. DiOrio and Mr. Serra both testified that relief sought goes across the westerly boundary 22 feet and the relief that is being requested now is greater than the relief awarded by the Board previously and the same for the rear of the property. Atty. Kelly responded that this is a new application and not an amended application. Atty. Lynch asked Mr. DiOrio if this plan is truly consistent with the Comprehensive Plan, and he submitted to the Board an excerpt from the 2020 Westerly Comprehensive Plan marked remonstrance exhibit A. Atty. Lynch argued that this application would not qualify for additional expansion. Ms. Robinson asked if additional roof space will cause more water to run off into the bay. Mr. DiOrio said the stormwater management system designed is somewhere near 3,000 square feet and nothing is being diverted into the street or the bay. Mr. DiOrio said the entire site plan is an improvement. Atty. Lynch argued that there is no medical evidence other than the testimony of the applicant that the project is justified.

Atty. Kelly reiterated that this is not an amendment to a plan but a new plan submission that addresses the Board and staff concerns with a previous application. He said it did occur within the nine- month time frame. The property was initially purchased as an investment property, but they decided to move into it. He said the fact that Atty. Lynch referenced this as a residential development is false and residential additions are not developments. Atty. Kelly said referring to the medical question, she is protected by HIPAA (Health Insurance Portability and Accountability Act) and she gave that information under oath as she did in the past, and he has never heard of an applicant being required to give further medical information.

 

In a poll of the Board members, Mr. Burns was in favor of approving the project. Ms. Robinson said she was in favor of the adjustments made to the plan and likes the design. Mr. Cioppa said having a garage is a reasonable request for a homeowner for an amenity and extra storage with or without a medical condition. He complimented the applicant for returning and taking Board comments into consideration. He said the project would be an improvement to the community and he would be in favor of the project. Mr. Russo complimented the applicant and the architect as it is a beautiful design that fits into the neighborhood.

Mr. Cioppa made a motion to close the public hearing at 7:47 p.m. Ms. Robinson seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

Mr. Russo read into the record the details of the Montesano, 5 Terrace Avenue application including information and testimony given at the January 11, 2023 public hearing and made a motion to approve a 3.1-foot right side variance, a 12.1-foot front yard variance, a 15.4-foot rear yard variance, and a 1.6 percent impervious surface variance to modify a previous variance decision granted by the Westerly Zoning Board on July 6, 2021 in order to add a garage with a second story containing two bedrooms and a full bath on the northside of the house and to eliminate the previously approved second floor over the existing house. Ms. Robinson seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

I.    STAFF COMMENTS

 

Mr. Loiselle requested all Board members be present for the February 8 meeting.

 

J.    Applications Declared Complete, Waivers Granted and Scheduled for Public Hearing at the Wednesday February 8th, 2023 Zoning Board Meeting. Informational, no action to be taken.

 

1.    None

 

K.   ADJOURNMENT -

Mr. Cioppa made a motion to adjourn the Zoning Board meeting at 7:58 p.m. Ms. Robinson seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

Next Regular Meeting: February 8, 2023, 6:00 P.M. at Westerly Town Hall.

 

 

Respectfully submitted,

 

 

 

Stephanie J. LaSota

Minute Taker

 

Approved by vote of the Board on February 8th, 2023.