Zoning Board – Meeting Minutes

Wednesday, October 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 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:             Zoning Official Martin E. Loiselle, Jr., Assistant Solicitor for Planning & Zoning,  Scott Levesque, Information Technology Technician Lanny Fuller

 

C.    APPROVAL AND REVISION OF MINUTES

 

1.      August 9, 2023 – Mr. Cioppa made a motion to approve as submitted the August 9, 2023 Zoning Board meeting minutes. Mr. Russo seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

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. Pawelkiewicz asked that the Grillo, 3 Mohawk Court application be moved to the first place on the agenda. Ms. Robinson made a motion that they move it to the first place on the agenda. Mr. Cioppa 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 discussion.

 

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.      Grillo, 3 Mohawk Court, AP ‘58’ Lot ‘130’’ Construction of an open roof over an existing front patio and stairway. (§260-33) Dimensional Variance - Continued from the canceled Sept. 13th Zoning Board meeting.

 

Mr. Loiselle explained that the request is for a dimensional variance to construct a roof over an existing back patio and stairway. The subject property is 24,988 square feet or .57 acres and 147 feet of frontage are on Mohawk Court, a cul-de-sac road. He further described the property and the structure. The applicants want to build the roof to keep snow and ice off the stairway. The roof will also improve the aesthetics of the structure. The Zoning Office approves the application.

The applicant, Romeo Grillo, of 3 Mohawk Court, was present with his son, Antonio Grillo, of

11 Cedarcrest Drive, who helped him submit the application. Both were sworn in for public testimony. Mr. Grillo asked for the permit for his roof as it has been difficult to maintain the steps in poor weather. There was no public comment. In a poll of the Board, all members were in favor of approving the application.

Mr. Burns read into the record the details of the Grillo, 3 Mohawk Court application for a 12.5 frontyard setback variance to construct a roof over an existing back patio and stairway, including the details of the submitted application and testimony shared at the Zoning Board meeting 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.

The Board took a recess at 6:22 p.m. and came back into session at 6:27 p.m.

 

2.      Westerly Post Road 16 LLC (former Staples property), 16 Post Road, AP ‘99’ Lot ‘3’ Video - Continued from the August 9th Zoning Board meeting.

 

Mr. Burns recused himself from the application and was dismissed from the meeting. Mr. Martone voted as a full member on this application. Mr. Pawelkiewicz said the marketing study they received from the opponents of the application is irrelevant to the Zoning requirements of the Special Use Permit application and they will not be discussing it this evening. Mr. Loiselle said he considers the pond on the property a utility. The applicant recently received new freshwater wetlands permit from Rhode Island Department of Environmental Management (RIDEM.)

Attorney Jennifer Cervenka, counsel for Trestle Park, LLC, an objector to the application, addressed the Board. She said they submitted their written objection to the application in early August and the main point of the objection was detailed in a letter dated August 7, 2023, with subsequent submitted letters. She talked to the Board about what they view as prohibitive commercial accessory use in a residential district. She said it is their view that the Board cannot permit the proposed project with the stormwater detention basin sitting in the RR60 Zone without a use variance. Mr. Cioppa clarified

that their only objection was the stormwater system. Atty. Cervenka said there are other objections, but they are not relevant to this Board. Ms. Robinson said the side of the property where the water retention basin is, is not developable. The stormwater system sits over there but what happens if it does not work. Attorney Vincent Indeglia, representing the applicant, responded to Ms. Robinson that they gave up the right to ever develop that area and put a conservation easement over it that said the land will be conserved and used as a buffer to the other neighborhoods so that no one will ever build on it. Mr. Loiselle said it is not his position that the pond is an accessory use. It is an ancillary utility to the project so his opinion is different from Atty. Cervenka’s. Atty. Levesque supported Mr. Loiselle’s interpretation calling this a utility, but he suggested to the Board that the use of a “detention basin” is currently there and the site remains with all impervious surface as it was designed on the day it was permitted, meaning you still have the slab there. He said it is a preexisting use but the next question is if it is abandoned.

You just heard evidence that it is still being used and there is no evidence that there was an intent to abandon. He suggested that they have no evidence to decide of anything other than that it is a preexisting nonconforming use, if it is a use, and he suggested that the Board accept the Zoning Official’s determination.

Atty. Cervenka said there has been no evidence that this existed at the time that the Zoning Ordinance went into effect, which needs to be demonstrated by the applicant. She said preexisting nonconforming uses do not get to be continued when they are abandoned and the application notes it as abandoned. She said if it was permitted in the past they should not continue an illegal use without demonstrating that it is legal. Atty. Levesque commented that there is no evidence that the use is illegal. Atty. Cervenka argued that it is illegal according to her interpretation of the current Zoning Ordinance. She read into the record from the Ordinance ⸹260-66 Accessory Use and argued that this detention basin fits right into the definition. Atty. Indeglia said one of the issues discussed at the last Zoning Board the applicant attended, was that they applied to RIDEM. He showed a letter from RIDEM to Atty. Cervenka and submitted the four-page letter dated September 12, 2023 to the Board for the record as Applicant’s Exhibit 6. it as part of the record. He encouraged the Board to take the advisement of the Zoning Official, who has the authority to interpret the Zoning Ordinance.

There was no public comment.

In a poll of the Board, Mr. Russo was in favor of the application. Ms. Robinson said she likes the idea of reusing an area that has been abandoned and the use they are permitting will have a lot less traffic and water use than other potential uses like a hotel or retail, so she is in favor of the project. Mr. Cioppa agreed with Mr. Loiselle’s interpretation of the Ordinance on the issue. Mr. Martone is in favor of the project going forward. Ms. Moore was also in favor of the project. Mr. Pawelkiewicz agreed with the Board and was in favor

Mr. Cioppa made a motion to close the public hearing at 7:13 p.m. Mr. Russo seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

Mr. Cioppa requested that the Zoning Official write the approval. Mr. Loiselle said he and Atty. Levesque will draft a decision and the Board will vote on it at the next scheduled meeting. Mr. Cioppa made a motion to continue the matter to the November 8 Zoning Board meeting and to vote on a drafted motion by staff. Ms. Robinson seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

 

H.    STAFF COMMENTS - There was no discussion.

 

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

 

J.      ADJOURNMENT –

Mr. Martone made a motion to adjourn the meeting at 7:16 p.m. Ms. Robinson seconded the motion. The motion CARRIED by unanimous vote with no abstentions. Next Regular Meeting –6:00 P.M. at Westerly Town Hall and Zoom.

 

Respectfully submitted,

 

 

Stephanie J. LaSota

Minute Taker

 

Approved by vote of the Board on March 13^th, 2024.