WESTERLY ZONING BOARD OF REVIEW 7:00 PM APRIL 4, 2012 TOWN COUNCIL CHAMBERS MEETING MINUTES

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1 WESTERLY ZONING BOARD OF REVIEW 7:00 PM APRIL 4, 2012 TOWN COUNCIL CHAMBERS MEETING MINUTES Jun 20, 2012 A. Call to Order: Chairman Ritacco called the meeting to order 7:13 pm. B. Roll Call: Members Present; Absent; Chairman, Robert Ritacco Vice- Chairman, Frank Verzillo Giorgio Gencarelli Mark Doescher Thomas J. Capalbo III John Azzinaro Henry Boeniger Also in Attendence; John Payne Jr. Esq. - Planning and Zoning solicitor Elizabeth J. Burdick- Zoning Official C. Approval of Minutes- 03/07/2012 Upon motion by Frank Verzillo seconded by Mark Doescher, it was unanimously voted to approve the minutes. D. Pre-Application Review / Requests for Waivers: 1. Exco, LLC, Applicant; Grassy Hill Development Corp., Owner 9A&B, 9C & 9E Bradford Rd (AP 63, Lots 11, 13 & 14), 5 Bradford Rd (AP 63, Lot 15) and 152D Westerly Bradford Road (AP 63, Lot 12) APPEAL.(Continued to May 2 nd meeting due to the 14 day notification period not having been met). Upon motion by Frank Verzillo seconded by Henry Boeniger it was unanimously voted to continue and order advertised the Appeal, and continue the SUP to the May 2, 2012 public hearing. 2. McColl, Bruce, Applicant/Owner-446 Bradford Rd.(AP 15 Lot 12) SUP George Comolli representing the applicant stated they are requesting a Special Use Permit to install a 240 sq. ft. deck on an existing structure. They are asking for a waiver of checklist items A, C, D, and F. Upon motion by Frank Verzillo, seconded by TJ Capalbo it was unanimously voted to grant the waivers and advertise for the May 2, 2012 public hearing. 3. Twin State Laundry, LLC, Applicant; 231 High Street, LLC, Owner 231 High Street (AP 37, Lot 112). SUP. 1

2 4. Twin State Laundry, LLC, Applicant; 231 High Street, LLC, Owner 231 High Street (AP 37, Lot 112). AQFR. Attorney William Nardone representing the applicant stated they are proposing a self-service Laundromat in an existing facility. They are requesting the waivers of checklist item s, C, E, F for the SUP, and checklist items C for the AQFR Permit. Upon motion by Thomas J. Capalbo seconded by Giorgio Gencarelli it was unanimously voted to order advertised for the May 2 nd public meeting. 5. rterra, Applicant; Town Of Westerly, Owner; ConEdison Development, Lessee - 68 & 78 White Rock Rd. (AP 25, Lot 6 & AP 16, Lot 1A). SUP. 6. rterra, Applicant; Town Of Westerly, Owner; ConEdison Development, Lessee - 68 & 78 White Rock Rd. (AP 25, Lot 6 & AP 16, Lot 1A). VAR 7. rterra, Applicant; Town Of Westerly, Owner; ConEdison Development, Lessee - 68 & 78 White Rock Rd. (AP 25, Lot 6 & AP 16, Lot 1A). AQFR PERMIT Frank Epps CEO-president, Daniel Richardsen, Allen Benevidous (associates) representing rterra stated they are installing solar panels in conjunction with the Town of Westerly and Con Edison utilities. They are requesting waivers of checklist items: SUP - D, E, F, G VAR- D, E, F, G AQFR-(Items will be submitted prior to the public hearing) Upon motion by Mark Doescher seconded by Giorgio Gencarelli it was unanimously voted to advertise for the May 2 nd public hearing. E. Old Business: 1. Liguori, Judith A. IRR TRUST, Amy Liguori, Trustee, 4 Elmwood Ave (AP 164, Lot 1). VAR Attorney William Nardone representing the applicant who had constructed a deck / stairway without permits, has submitted an as built as requested by the Zoning Board at the previous meeting. David Gabrielle -contractor has apologized for not applying for the required permits stating they were working with time frame constraints and needed to get the work done and has no previous violations. Attorney John Payne- ZB solicitor- stated the matter is a clear violation of zoning regulations and it should be treated as such. He feels the apology should not be accepted and the matter should be continued until the following public hearing to access what fine should be levied to the applicant/builder. 2

3 Chairman Ritacco-ZB chairman feels this should be resolved at the current meeting; any fines can be assessed at a further date at the discretion of the zoning official. In discussion with the zoning official it was stated with the application process the violation is nullified. Attorney Nardone reiterated the specifications of the requested variance and he would like this matter resolved tonight so the applicant can apply for the required permits. Zoning Official Liz Burdick ZO clarified in reviewing the as built the measurements have been revised and the variance that has been applied for has been increased from 9 to 9 1 for the deck, and the stairway has been decreased from 11 to Attorney Payne suggested the case go to the municipal court where they will decide what shall be the appropriate fine. Chairman Ritacco stated he feel s this matter should be handled within zoning and Liz Burdick-ZO should have the right to decide what the fine will be regarding this violation. Upon motion by Mark Doescher seconded by Thomas J. Capalbo it was voted to close the hearing. Upon motion by Frank Verzillo seconded by Mark Doescher it was unanimously voted to approve the variance as applied for with the stipulation the ZO will assign without prejudice- a fine at her discretion. F. New Business: 1. Exco, LLC, Applicant; Grassy Hill Development Corp., Owner 9A&B, 9C & 9E Bradford Rd (AP 63, Lots11, 13 & 14), 5 Bradford Rd (AP 63, Lot 15) and 152D Westerly Bradford Road (AP 63, Lot 12). SUP. 9 PH Continued from 03/07/2012 meeting Request to Continue to 05/02/2012 meeting). 2. Somberg, Matthew & Amy, Owner- 11 Rabitt Run, (165 Lot 263)- VAR Attorney Vincent Naccarato, Matthew & Amy Somberg, owners, Paul Azzinaro architect representing the applicant, are requesting an 8 6 variance to increase the living area of an existing structure. They are planning to elevate the structure to make the first floor FEMA compliant and will move the living area to the second and third floors. Attorney Naccarato submitted photos of the existing structure (exhibit A), north side of the structure (exhibit B), aerial view of the property lines (exhibit C), and photo of existing boundary lines (exhibit D). Paul Azzinaro-registered architect reviewed the plans to raise the existing structure to become the second floor which will have the kitchen area and master bedroom, add an intermediate first floor which will have bedrooms and living area and an addition of approx. 10 pilings to make it FEMA compliant (in which there will be no living area). All approvals for septic are in place and the applicant will apply for CRMC approval after the decision at tonight s meeting. They are asking for a height variance of 3 and an 8 6 NSY variance which is due to the non conformance of the existing structure. There is a bumpout attached to the existing structure which currently is used as a shower area w/ storage. The shower will be re-located to an alternate location on the property. The structure itself will be incorporated into the raised residence (no change in footprint). 3

4 Attorney James O Neill representing an abutting neighbor Clayton G. III & Besty B. Haviland 13 Rabitt Run stated his client is not objecting to the height variance, but they do not feel the bumpout on the north side of the property should be included in the footprint, the structure is non- conforming and it cannot be increased. With the incorporation into the main structure they will be 6.5 from the abutting property line, without it would be Attorney O Neill suggested a change in the floor plan would make it unnecessary to include the bumpout in the footprint and it will be within the FEMA guidelines. His clients feel there is no valid hardship proven to extend the footprint of the existing structure. Attorney Naccarato stated the FEMA regulations do not concern the footprint; it references only the living area on the first floor. Paul Azzinaro clarified any buildings that are adjoining to the main structure are included in the footprint and therefore it would be a continuation of the non-conformances, not an increase. He stated being attached under all definitions it is part of the footprint. Michael Lenihan certified real estate appraiser testified that he has reviewed the property and agrees the house is a non conforming structure. He has reviewed the tax card in the assessor s office at the town hall which lists the bumpout in the footprint of the original structure. The surrounding property owners have been in the process of making their structure s FEMA compliant and he feels the proposed renovations are a necessity. With the renovations they will not be increasing the footprint and it will have a positive impact to all surrounding property s including, the Haviland s. He feels with the proposed renovations are the least relief necessary. Mr. Lenihan submitted a photo of the subject property and surrounding property exhibit E. Matthew Somberg- Owner stated they are doing the renovations to fully use and enjoy their property along with their children and parents. He addressed the changes suggested from Attorney O Neill regarding the proposed elevator which he feels is a necessity for his aging parents. After a discussion between Mr. Nacarato, the applicant, and Attorney O Neill it was decided to amend the variance request to include the second level on the north side only. The pilings and first floor will stay at the existing footprint, minus the square footage of the bumpout. Upon motion by Frank Verzillo seconded by Thomas J. Capalbo it was voted to close the meeting. Upon motion by Frank Verzillo seconded by Giorgio Gencarelli it was voted to approve the application with the variance request applying to the second floor of the structure only. 3. Glinn,LLC Leo Roche Owner/ Applicant- 4 Canal St. (AP 56, Lot 21) VAR (Continued until 05/02/2012 public hearing) Alternate board member Thomas J. Capalbo, being an abutter to this application, will recuse himself. With the absence of two board members, this application will be continued until the May 02, 2012 public hearing. 4

5 4. Bladon, John & Dianne, Owner- 18 Meadow Ave. (AP 144 Lot 65) VAR Attorney Vincent Naccarato, Tony Nenna certified engineer, representing the applicant who is requesting a variance to demolish the existing 320 sq. ft. structure and construct a 16 x 30 utility shed in the northeast corner of the property. The lot is non- conforming as is the current structure. The proposed structure will not increase the footprint into the setbacks. Attorney Naccarato submitted photos of the current structure (exhibit A), the addition on the rear of the structure (exhibit B), view from the north side (exhibit C), and floor plan of the proposed structure (exhibit D). Attorney Stephen Surdutt, representing the abutters stated there will be no partitions or plumbing in the proposed shed and it will not be used as a dwelling unit, but police have been called on other occasions. Michael Lenihan real estate appraiser submitted an aerial view of the subject property (exhibit E) and reviewed the area as an upscale resort area and the improvements will enhance the residence and the surrounding properties. John Bladon owner of the property addressed the concerns of noise that abutting property owners have voiced in that there are teenagers in the home and the proposed structure will be used as a gathering place. He stated there primary use is for storage and if it is used by his children they will keep the noise level down. Upon motion by Frank Verzillo seconded by Giorgio Gencarelli it was voted unanimously to close the hearing. Upon motion by Frank Verzillo seconded by Giorgio Gencarelli it was unanimously voted to approve the variance as applied for. 5. Autozone Inc., Applicant; Swimming Upstream, LLC Owners- 138 Granite St. (AP 77 Lot 335) VAR Attorney George Comolli representing the applicant stated they are requesting a 15.6 ft. SY and a 49.7 RY variance of the HC zone requirements to demolish the existing structure and construct a 7370 SF commercial (retail) building. They are also requesting a variance for 2 of the 48 parking spaces required. The applicant has been to the planning Board and received a positive review. Nate Kirschner project manager reviewed the plans that they will be eliminating one of the curb cuts and will have only one entrance/exit into the building. Since they are abutting a residential zone they have addressed this with limited lighting, and will adhere to the town ordinance as to the times of rubbish removal. They have spoken to fire chief David Sayles, who requested placement of a fire call box and fire walls. Timothy Brennan owner of Two Little Fish is in favor of the new business adding it will be a positive addition to the area. Attorney Comolli stated they are requesting the variance of parking spaces due to safety concerns with the entrance and backing out of the cars. 5

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