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Zoning Board Regular Meeting- Meeting Minutes

Wednesday, October 9th, 2024- 6:00 p.m.

Westerly Town Hall | Town Council Chambers

45 Broad Street, Westerly, RI 02891

Members Present: Chair Larry Cioppa, Vice Chair Dawn Robinson,

Members: Larry Burns, Alan Martone, Leonard Saponare, and Lori Moore (Alternate- Serving as full member)

 

Members Absent: Jeffrey Russo

 

Staff Present: Solicitor for Planning and Zoning Scott Levesque, Administrative Zoning Official Martin Loiselle, Minute Taker Chloe Chenot, and Information Technology Lanny Fuller


A.    CALL TO ORDER: Chair Larry Cioppa called the meeting to order at 6:00 p.m. Video

B.     ROLL CALL AND ATTENDANCE:

    1. Mr. Cioppa introduced the board, and read the Zoning Rules of Procedure into record

C.    APPROVAL OF MINUTES: September 11th, 2024 Video

    1. Mr. Cioppa brought the following corrections to the board
      1. Page 2, Paragraph 1- “Mr. Loiselle described the request to the Board for the 3.7-acre property”- Corrected to “...0.37-acre property”
      2. Page 2, Paragraph 3- “Keith Briggs, the director Data Design Build…” corrected to “...Davitt Design Build”
    2. Vice Chair Robinson moved a motion at 6:05 p.m. to correct Page 2, Paragraph 1- 3.7-acres to 0.37-acres, and Page 2 Section 3 to “Davitt Design Build”
      1. Mr. Martone seconded the motion
      2. All members were in favor, motion was carried by a unanimous vote
    3. Mr. Martone moved a motion to approve the minutes with the corrections
      1. Ms. Moore seconded the motion
      2. All members were in favor, motion was carried by a unanimous vote

 

D.    CHANGES TO THE AGENDA: Consider, discuss, and act upon schedule changes for applications

    1. No discussion

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

    1. No discussion

F.     PUBLIC HEARINGS: Continued Business, consider, discuss, and act upon application(s)

    1. No discussion

G.    PUBLIC HEARINGS: Appeal to the Zoning Board of Review, consider, discuss, and act upon appeals

    1. No discussion

H.    PUBLIC HEARINGS: New Business, consider, discuss, and act upon

    1. Sky Group, LLC, 4 Oaklawn Terrace, AP ‘58’ Lot ‘43’ is seeking a 17.7’ rear yard setback variance as a result of an administrative subdivision (§260-33) Dimensional Variance Video
      1. Administrative Officer Loiselle read a summary of the application, and stated that the Zoning Department supports the application
        1. The board engaged in discussion between Attorney Michael Lynch of 117 High Street, Westerly, RI, who was present to speak on behalf of Sky 3D Group LLC. Mr. Lynch provided a summary of the application, stating that this application resolves a tax dispute between family members of the undevelopable lot. According to Mr. Lynch, this resolution would keep the property accessible and ensure proper division amongst the family members. Upon further discussion, Mr. Lynch introduced Ray Leader, owner of Lenihan Appraising Company. Mr. Leader was sworn in as an expert before giving his testimony and answering questions of the board members. Mr. Lynch stated that they received no negative responses after contacting neighbors of the area, and that those surrounding thought the application would enhance the neighborhood. No neighbors were present to provide comment. Once the board received responses to all questions, they opened comment to the public, to which there was none
      2. Mr. Martone moved a motion to close the public hearing at 6:21 p.m.
        1. Vice Chair Robinson seconded the motion
        2. All board members were in favor, the motion carried unanimously
      3. After no further comment from the public or board members, Vice Chair Robinson read into record the details of the application
      4. Ms. Robinson moved a motion at 6:28 p.m. to approve the 17.7 rear yard setback variance at 4 Oaklawn Terrace, as required by the proposed administrative subdivision, pursuant to §260-33 “Variances”, and §260 attachment- 10 “Schedule of Dimensional Regulations” of the Town of Westerly Zoning Ordinance Video
        1. Mr. Burns seconded the motion
        2. All members were in favor, motion carried, unanimously
    2. Kenneth Thomas, 21R Nichols Lane, AP ‘18’ Lot ‘104A’ is seeking  10.3’ front yard and 8.9’ rear yard variance request for the construction of a new single-family dwelling consisting of three bedrooms, one full bath, one half bath, and a new driveway per Town standards (§260-33) Dimensional Variance.
      1. Mr. Loiselle provided a summary of the application to the board, and stated that the Zoning department supports the application
      2. Mr. Cioppa swore in the applicant: Property Owner Ken Thomas, of 21 Nichols and 21R Nichols Lane, and expert Anthony Nenna of On-Site Engineering, INC, 3 Crestview Drive, Westerly, RI, 02981
      3. The board engaged in discussion with the applicants and asked questions
        1. Mr. Nenna summarized the conditions of the site and the surrounding area. He stated that they found a discrepancy between the Town Assessor’s maps, and a survey that was conducted on the property. Board member Burns further inquired about how this discrepancy was discovered. Mr. Nenna provided a summary of how the application meets the Zoning Variance standards
      4. After further discussion, the board asked for public comment from those who were in favor of the application, to which there was none
      5. Salvatore Decarro of 311 High Street, Westerly, RI 02891, spoke against the application
        1. Mr. Decarro stated that he received a letter regarding the application, and had concerns surrounding how it would affect his property. The board asked questions and received further feedback from both the applicants and Mr. Decarro. During discussion, Mr. Decarro suggested moving construction of the house closer to the front of the property. Mr. Nenna explained how pushing the house back further would make the property non-conforming
        2. Attorney Levesque stated for the record that he was in agreement with Mr. Nenna’s Assessment, that they are both non-conforming lots, and you cannot move the lot lines as a result
      6. No other members of the public were present to speak against the application

 

      1. The board was polled for further discussion at 6:50 p.m.
        1. Mr. Saponare asked Mr. Nenna for further clarification if this application would create a burden for Mr. Decarro
          1. Mr. Nenna assured that the setback would not cause a burden on Mr. Decarro’s property, and Administrative Officer Loiselle stated that this application would not affect any future developments
      2. Upon further discussion, it was concluded the board was all in agreement to close the public hearing
        1. Vice Chair Robinson moved a motion to close the hearing
        2. Mr. Martone seconded the motion
        3. The board was all in favor, and the motion passed unanimously
      3. Member Larry Burns summarized the application before the board, and moved a motion to approve a 10-foot 3-inch front yard setback variance, and an 8-foot 9-inch rear yard setback variance, to construct a 3-bedroom single-family home at 21R Nichols Lane. Pursuant to §260-33 “Variances” and §260 Attachment-10 “Scheduled Dimensional Regulations” of the Town of Westerly Zoning Ordinance, without conditions
        1. Vice Chair Robinson seconded the motion
        2. All board members were in favor of the proposal, the motion passed unanimously

I.       STAFF COMMENTS Video

    1. Mr. Loiselle shared that the Assistant Town Manager was ordering new nameplates for the board, and reminded everyone that there will be no November meeting

J.      APPLICATIONS DECLARED COMPLETE: Waivers granted and scheduled for public hearing. Informational only, no action to be taken

    1. No discussion

K.    ADJOURNMENT: Video

    1. Chair Cioppa moved a motion to adjourn the meeting at 6:59 p.m.
      1. Vice Chair Robinson seconded the motion
      2. The motion passed unanimously, and the meeting was adjourned at 6:59 p.m.

 

 

Next regularly scheduled meeting is December 11th, 2024, at 6:00 p.m.

 

 

 

Submitted by Chloe Chenot on 10/22/2024

Published by ClerkBase
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