I.            Call to Order

Board Chair Kevin Marchand called the meeting to order at 6:15 pm

II.            Roll Call

Members Present: Kevin Marchand (Chair); Kevin Kazarian (Vice Chair);
Ann Peckham; Andres Flores; Daniel Klotz; Gary Berdugo (1^st Alternate)

Staff:          Jim Vandermillen, Assistant Director Planning and Development

                  Diana Figueroa, Principal Planner

                  Nick Hemond, Legal Counsel

Tyler Miller, Legal Counsel

III.            Pledge of Allegiance – led by Board Chair Kevin Marchand

IV.            Approval of Minutes

Approval of minutes from the April 21^st, 2021 meeting:

Ms. Peckham moved to approve the minutes; Mr. Flores seconded. All voted in favor.

At the request of legal counsel, the Board agreed to move Old Business ahead of New Business

V.            Old Business

a.      Case ZB 20-02-06

Ms. Gladiz R. Lopez, of 21 Mowry St., Central Falls, RI, applicant and property owner of 21 Mowry Street (Plat 8, Lot 64 in an R-3 multi-household residential zone) is requesting reconsideration of the circumstances concerning Case ZB-20-06, seeking a Variance from Article VIII, Off-Street Parking and Loading, Section 801.1 (a.) to allow parking spaces within the front yard.

Mr. Hemond explained that the applicant is requesting that the Board reconsider a case that had previously been considered, and that he had reviewed the previous 4-1 denial.  He explained that State law has been interpreted such that there must be a substantial change in circumstances from the time that an application was first considered and the applicant must submit a sworn affidavit stating that there has been as substantial change.The board cannot reach different conclusions based on the same facts. Mr. Hemond provided examples of a substantial change: a change in the zoning ordinance, or a change in an application such as adding more  prking spaces to address a shortage.  He informed the Board that they can’t just reconsider an application because they feel bad because they were hard on the applicant.

Mr. Hemond swore in Gladiz R. Lopez, of 21 Mowry St., Central Falls.  He asked Ms. Lopez if she sent a letter, and he showed a copy of the letter, asked her if this was the letter she sent and if it was her signature, and if was the whole truth.  She answered yes to all questions.

Mr. Hemond addressed the Chair, explaining that they could proceed as with any other case.

The applicant responded to questions from members of the Board (the applicant’s son, Mario Lopez, assisted with translation).

Mr. Marchand questioned the applicant about why more parking was needed and asked staff about dimensional requirements for curb openings and distance from the sidewalk to the front of the house.

Mr. Kazarian asked the applicant if the front yard already had the cement parking area when they purchased the house, and commented that other property owners park in their front yards and it doesn’t seem fair that enforcement is inconsistent. 

Mr. Flores commented that based on his reading of the letter, the circumstances have not changed, and the applicant’s arguments are the same as what were heard before.  

The applicant stated that she wants enforcement to be fair.

No one was present to provide public comment on the application.

Mr. Marchand entertained a motion on whether the Board believes there has been a substantial change in circumstances of the applicant’s request. Mr. Flores moved that there has not been a significant change in the circumstances of this application; Ms. Peckham seconded.  A roll call vote was taken (a “Yes” vote indicates a Board member’s agreement that there has not been a significant change in circumstances):

Kevin Marchand: Yes, Kevin Kazarian: Yes, Ann Peckham: Yes, Andres Flores: Yes, Gary Berdugo: Yes (Mr. Berdugo is First Alternate, but he voted on this question because he was among the five members who voted on the original application.  Mr. Klotz was absent for the original vote.)

The Board’s conclusion that there was not a substantial change in circumstances meant that a new application could not be presented by the applicant.  The previous decision to deny the application stands.

Mr. Marchand entertained a motion to open New Business. Ms. Peckham moved to open new business; Mr. Flores seconded. The motion passed unanimously.

VI.            New Business

a.      Case ZB 21-05 – Consideration for Dimensional Variance

Ms. Krystyna Kozlowski, of 5 Westbound Ct., Johnston, RI, owner and applicant of 557-559 and 565-567 High St. (Plat 1, Lot 194 in an R-2 two-household residential zone) is seeking 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) and relief from Article VIII, Section 801.1 Location of required parking spaces and Section 801.8 Off-street parking space requirements, to allow the lot to be subdivided such that each existing 2-unit building would be on its own lot.

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

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

The applicant responded to questions from the Board and from Mr. Miller.

No one was present to provide public comment on the application.

Mr. Vandermillen read the staff report and recommendation in its entirety into the record.

Mr. Marchand entertained a motion to approve or deny the applicant’s request based on the findings of fact. Mr. Kazarian moved to approve the application based on the findings of fact and the staff recommendation; Mr. Flores and Ms. Peckham seconded.    A roll call vote was taken: Kevin Marchand: Yes, Kevin Kazarian: Yes, Ann Peckham: Yes, Andres Flores: Yes, Daniel Klotz: Yes.  The application was approved.

b. Case ZB 21-06 – Consideration of Special Use Permit and Dimensional Variance

Ms. Claudia Guzman (Melrose LLC), of 33 Wetmore St., Central Falls, owner and applicant of 732 Dexter St. (Plat 8, Lot 86 in a C-D commercial-downtown zone) is seeking a Special Use Permit as per Section 304 Table 1 – Use Regulations, 12 Two Household Dwelling, and a Dimensional Variance for relief from Article IV, Section 402 Commercial and industrial zones (minimum lot area per dwelling unit) to allow construction of two residential units above the existing commercial building.

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

Mr. Miller swore in the applicant, Ms. Claudia Guzman, of 33 Wetmore St., Central Falls.

The applicant responded to questions from the Board and from Mr. Miller.

Mr. Vandermillen shared his screen with participants of the Zoom meeting to show images of the property.

No one was present to provide public comment on the application.

Mr. Vandermillen read the staff report and recommendation in its entirety into the record.

Mr. Miller restated the facts of the case.

Mr. Marchand entertained a motion to approve or deny the applicant’s requests for a special use permit and dimensional variance based on the findings of fact. Mr. Flores moved to approve the applicant’s requests for a Special Use Permit and Dimensional Variance; Mr. Kazarian seconded. A roll call vote was taken: Kevin Marchand: Yes, Kevin Kazarian: Yes, Ann Peckham: Yes, Andres Flores: Yes, Daniel Klotz: Yes.  The application was approved.

VII.            Adjournment

Mr. Marchand entertained a motion to adjourn.  Mr. Kazarian moved to adjourn; Mr. Flores seconded. All voted in favor. 

The meeting adjourned at 7:43 pm.