I.            Call to Order

The meeting was called to order at 6:11 p.m.by Kevin Marchand

II.            Roll Call

Board Members:

·         Kevin Marchand, Chair, present

·         Kevin Kazarian, Vice-Chair, present

·         Daniel Klotz, present

·         Ann Peckham, present

·         Herman Yip, present

·         Gary Berdugo (1^st Alternate), absent

·         Jackie Parra, absent

·         Miguel Garcia, absent

The meeting was staffed by:

• Jim Vandermillen, Assistant Director, Planning and Economic Development
• Tyler Miller, Esq., Darrow Everett, Legal Counsel to the Board:

III.            Pledge of Allegiance

Led by Board Chair Kevin Marchand.

IV.            Approval of Minutes

a.       October 20, 2021 meeting

b.      November 3, 2021 meeting

c.       November 17, 2021 meeting

Kevin Kazarian moved to table approval of the minutes to the next meeting; Ann Peckham seconded.  The motion passed by a voice vote.

V.            New Business

Herman Yip moved to open New Business; Ann Peckham seconded.  The motion passed by a voice vote.

a.      Case #ZB-21-13

Celestino Veiga, of 63 Pembroke Ave., Providence, RI, applicant of 30 Conduit St. (Plat 10, Lot 106 in an M-1 industrial zone), is seeking a Special Use Permit pursuant to Article III, Section 304, Table 1, Subsection 45 (repair service) to allow operation of a truck repair business.

This application was withdrawn by the Applicant.

b.      Case #ZB-21-14

Ms. Krystyna Kozlowski, of 5 Westbound Ct., Johnston, RI, owner and applicant of 557-559 High St. (Plat 1, Lot 194 in an R-2 two-household residential zone), is seeking a Use Variance for relief from Article III, Section 304, Table 1, Subsection 14 (Multi-Household Dwelling, Three or more units) and Dimensional Variances for relief from Article IV, Section 401 Residential Zones (Minimum lot area; Minimum lot area per dwelling unit; Minimum front, side and rear yards), to allow the top story to be converted to a third dwelling unit.

Mr. Vandermillen read the description of the case as it appeared in the agenda (text above).

Mr. Miller swore in the Applicant, Krystyna Kozlowski, of 5 Westbound Ct., Johnston, RI.

The Applicant read a prepared statement.  The text is attached as Exhibit A.

The Applicant responded to questions from members of the Board and legal counsel.

·         The Applicant has no plans to alter the exterior of the building

·         8 parking spaces will be provided (only 6 are required)

·         The 3^rd floor was rented for some time after World War II, but not recently; the Applicant has owned the property since 1997 and has never rented the 3^rd floor

·         The building is listed as a 2-family in the tax records

·         There are several other zoning districts nearby (as confirmed by Mr. Vandermillen during the meeting): C-2 (directly across High Street), M-1 (directly across High Street from the abutting property), M-2 (abutting the rear of the property), and C-1 and R-(both within half a block)

·         The Applicant previously sought (and was granted) zoning relief for minimum lot size, minimum lot size per unit, and front, side, and rear setbacks

·         If relief is not granted the 3^rd floor space would remain in its current state

·         The 3^rd floor space has been empty since the time the Applicant has owned the property

·         Access to the 3^rd floor is provided by a staircase from the rear yard, and there is a fire escape in the front

Kevin Kazarian moved to open the public hearing; Ann Peckham seconded.  The motion passed by a voice vote.

Kevin Marchand asked three times if anyone wished to speak for or against the application.  No one came forward for public comment.

Ann Peckham moved to close the public hearing; Herman Yip seconded.  The motion passed by a voice vote.

Kevin Marchand entertained a motion to either approve or deny the application for a Use Variance for relief from Article III, Section 304, Table 1, Subsection 14 (Multi-Household Dwelling, Three or more units) to allow the top story to be converted to a third dwelling unit.

Kevin Kazarian moved to approve the request for a Use Variance based on the testimony presented and the Staff Recommendation; Ann Peckham seconded.  A roll call vote was taken:

• Kevin Marchand, Chair, Yes
• Kevin Kazarian, Vice-Chair, Yes
• Daniel Klotz, Yes
• Ann Peckham, Yes
• Herman Yip, Yes

The motion to approve the request for a Use Variance passed unanimously.

Kevin Marchand entertained a motion to either approve or deny the application for Dimensional Variances for relief from Article IV, Section 401 Residential Zones (Minimum lot area; Minimum lot area per dwelling unit; Minimum front, side and rear yards), to allow the top story to be converted to a third dwelling unit.

Kevin Kazarian moved to approve the request for a Dimensional Variances based on the testimony presented and the Staff Recommendation; Ann Peckham seconded.  A roll call vote was taken:

• Kevin Marchand, Chair, Yes
• Kevin Kazarian, Vice-Chair, Yes
• Daniel Klotz, Yes
• Ann Peckham, Yes
• Herman Yip, Yes

The motion to approve the request for Dimensional Variances passed unanimously.

c.      Case #ZB-21-15

Ms. Emely Mateo, of 1-3 Fales St., Central Falls, RI, owner and applicant of 1-3 Fales St. (Plat 1 Lot 151), is seeking Dimensional Variances for relief from Article IV, Section 401 Residential Zones (Minimum lot area; Minimum lot area per dwelling unit) and relief from Article VIII, Section 801.8 Off-street parking space requirements, to allow the 2nd story of the detached garage to be converted to a third dwelling unit on the property.

Mr. Vandermillen read the description of the case as it appeared in the agenda (text above).

Mr. Miller swore in the Applicant, Emely Mateo, of 1-3 Fales Street, Central Falls.

The Applicant presented her case to the Board:

·         Wants to convert the upper part of the garage to a 3^rd residential unit on the property

·         Purchased the property in March knowing that she had the potential to provide a 3^rd unit

·         Many residents are burdened by the cost of housing (referred to a report from Housing Works RI)

·         Referred to statement from Mayor Rivera highlighting the need for more housing

·         The top space in the garage had been a loft, with two stairways leading int o the unit

The Applicant responded to questions from members of the Board and legal counsel.

• The Applicant has no plans to alter the exterior of the building
• There is space to add a concrete pad on the side of the garage to provide parking for two cars, and there is space for a third car in front of the garage.  A car could also be parked in the garage.
• The upper space is suitable for a couple but not a large family
• If relief is not granted, the property would have an unusable apartment in the garage sitting vacant
• When asked if she had an idea of how much it would cost to demolish the garage and make it useable for some other purpose, the applicant stated that she did not think she would consider demolishing it
• The photo showing a building close to a fence (included with the application) is the house, not the garage
• The space has a living area with a wall separating it from the kitchen and from the bathroom it would be considered a studio, not a 1-bedroom
• The finished space would need fire-rated sheet rock, but the applicant has not done anything until they know whether the variance would be granted
• The space has heating and a hot water tank

Mr. Vandermillen read the Staff Recommendation into the record.

Kevin Kazarian moved to open the public hearing; Ann Peckham seconded.  The motion passed by a voice vote.

Kevin Marchand asked three times if anyone wished to speak for or against the application.  No one came forward for public comment.

Kevin Kazarian moved to close the public hearing; Herman Yip seconded.  The motion passed by a voice vote.

Kevin Marchand entertained a motion to deny or approve the Applicant’s request for a Dimensional Variance for relief from Article IV, Section 401 Residential Zones (Minimum lot area) to allow the 2nd story of the detached garage to be converted to a third dwelling unit on the property.

Ann Peckham moved to approve the request for a Dimensional Variance for relief from Article IV, Section 401 based on the testimony presented and the Staff Recommendation; Kevin Kazarian seconded.  A roll call vote was taken:

• Kevin Marchand, Chair, Yes
• Kevin Kazarian, Vice-Chair, Yes
• Daniel Klotz, Yes
• Ann Peckham, Yes
• Herman Yip, Yes

The motion to approve the request passed unanimously.

Kevin Marchand entertained a motion to deny or approve the Applicant’s request for Dimensional Variances for Minimum lot area per dwelling unit and for relief from Article VIII, Section 801.8 Off-street parking space requirements, to allow the 2nd story of the detached garage to be converted to a third dwelling unit on the property.

Kevin Kazarian moved to approve the request for a Dimensional Variances for Minimum lot area per dwelling unit and for relief from Article VIII, Section 801.8 Off-street parking space requirements based on the testimony presented and the Staff Recommendation; Ann Peckham seconded.  A roll call vote was taken:

• Kevin Marchand, Chair, Yes
• Kevin Kazarian, Vice-Chair, Yes
• Daniel Klotz, Yes
• Ann Peckham, Yes
• Herman Yip, Yes

The motion to approve the request passed unanimously.

VI.            Old Business – none

Kevin Marchand entertained a motion to open Old Business. Herman Yip moved to open Old Business; Ann Peckham seconded.  The motion passed by a voice vote.

Mr. Marchand noted that this would be Kevin Kazarian’s last meeting as a member of the Zoning Board as he will be joining the City Council in January, and he then read a prepared statement.

Kevin Marchand entertained a motion to close Old Business. Kevin Kazarian moved to close Old Business; Ann Peckham seconded.  The motion passed by a voice vote.

VII.            Staff Report

·         Mr. Vandermillen reported that a new Redevelopment Plan had been prepared to enable the City to acquire vacant and blighted properties for the purpose of developing housing.

·         Mr. Vandermillen reported that an ordinance had been drafted to define the roles and responsibilities of the Planning Board and to establish that it would be a five-member board with two alternates.  By-laws for the Planning Board will also be written, and (separately) perhaps also for the Zoning Board, By-laws do not exist and they might be written for the Zoning Board. 

·         The Planning Department is submitting a number of grants to bring additional resources to the city.

·         Kevin Marchand wished everyone happy holidays.

·         Mr. Vandermillen noted that the Zoning Board will be meeting on the second Wednesday each month and the schedule for 2022 will be prepared and posted.  A decision will be made as to the location of the meetings, noting that there will be occasional conflicts with Housing Court taking place at 1280 High Street, as is the case this evening.

VIII.            Adjournment

Kevin Marchand entertained a motion to adjourn.

Kevin Kazarian moved to adjourn; Ann Peckham seconded.  The motion passed by a voice vote. The meeting was adjourned at 7:13 p.m.