I.            Call to Order

The meeting was called to order at 6:23 p.m.by Kevin Marchand

II.            Roll Call

Board Members:

·         Kevin Marchand, Chair, present

·         Kevin Kazarian, Vice-Chair, present

·         Daniel Klotz, present

·         Gary Berdugo (1^st Alternate), present

·         Ann Peckham, present

·         Jackie Parra, present

·         Miguel Garcia, present

·         Herman Yip, absent

A quorum was present.

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

Kevin Kazarian moved to table approval of the minutes to the next regularly scheduled meeting; Ann Peckham seconded.  The motion passed.

V.            New Business

Kevin Marchand, Chair, entertained a motion to open New Business.

Gary Berdugo moved to open new business; Ann Peckham seconded. The motion passed by a voice vote.

a.      Case #ZB-21-09 – Consideration for Special Use Permit, Use Variance, and Dimensional Variances

Celeste Tellier, of 48 Chickadee Ln., Wakefield, RI, owner and applicant of 903 Dexter St. (Plat 7, Lot 60 in a C-D commercial-downtown zone), is seeking a Special Use Permit and Use Variance pursuant to Article III, Section 304, Table 1, Subsection 14 (multi-household dwelling), and Dimensional Variances seeking relief from Article IV, Section 402 (minimum lot area per dwelling unit) and 402.1 (supplementary dimensional regulations for height and side and rear setbacks) and Article VIII, Section 801.8 (Off-street parking space requirements) to allow a long-existing residential unit in a portion of the first-floor of the building at the front of the lot.

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

Mr. Miller swore in the Applicant, Celeste Tellier, of 48 Chickadee Ln., Wakefield, RI.

The Applicant presented her case to the Board, read from the application, and presented a written summary (Exhibit A) that was passed around for Board members to review.

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

• The Applicant has owned the property for 43 years; as far as she recalls the apartment (for which the variances are being sought) has existed that entire time

Mr. Miller swore in Ronald Tellier, of 27 Swift Street, Providence, RI, who manages the property for the Applicant.

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

• There are four parking spaces on the lot but could fit nine; there is a total of six units in two buildings on the property, so twelve spaces are required
• The owner/applicant has not anything to reconfigure the buildings (i.e., no units have been added)
• The apartment is on the ground floor
• The apartment has always been occupied
• Granting the variance would not alter the general characteristics of the surrounding area
• The applicant did not create the hardship
• If the variance is not granted the applicant would not be able to do anything with the space; it would have to be vacated

Gary Berdugo moved to open the public hearing; Daniel Klotz seconded.  The motion passed by a voice vote.

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

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

Kevin Marchand entertained a motion to either deny or approve the application for a Special Use Permit.

Ann Peckham moved to approve the request for a Special Use Permit based on the testimony presented and the Staff Recommendation; Gary Berdugo seconded.  A roll call vote was taken:

• Kevin Marchand, Chair: Yes
• Kevin Kazarian, Vice-Chair: Yes
• Daniel Klotz: Yes
• Ann Peckham: Yes
• Gary Berdugo: Yes

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

Kevin Marchand entertained a motion to either deny or approve the application for a Use Variance.

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
• Gary Berdugo: Yes

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

Kevin Marchand entertained a motion to either deny or approve the application for Dimensional Variances for minimum lot area per dwelling unit, height, and side and rear setbacks.

Ann Peckham moved to approve the request for Dimensional Variances for minimum lot area per dwelling unit, height, and side and rear setbacks 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
• Gary Berdugo: Yes

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

Kevin Marchand entertained a motion to either deny or approve the application for a Use Variance.

Kevin Kazarian moved to approve the request for a Dimensional Variance for parking 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
• Gary Berdugo: Yes

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

b.      Case #ZB-21-10

Garson E. Mejia, of 83 Capital St., Pawtucket, RI, owner and applicant of 33-35 Cowden St. (Plat 4, Lot 7 in an R-3 multi-household residential zone), is seeking a Dimensional Variance for relief from Article IV, Section 401 (minimum side and rear yards) to expand the use of the single-family residence to include a second floor.

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

Mr. Miller swore in the Applicant, Garson E. Mejia, of 83 Capital St., Pawtucket, RI.

The Applicant presented his case to the Board.

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

·         The footprint of the building will not be expanded; the Applicant wants to build a full second story above the existing first floor so that people can walk without bending over.

·         The Applicant stated that if didn’t add the full second floor he would still probably be able to rent the house, but he could not get as much rent

·         The Applicant plans to add a 4^th bedroom and a 2^nd bathroom

·         The Applicant did not build the house

·         The Applicant does not intend to increase the number of people living in the house (will remain a single family)

·         The Applicant intends to live in the house

·         The Applicant stated that he believes it would be impractical to move the building and rotate it to meet the setback requirements

Gary Berdugo moved to open the public hearing; Daniel Klotz seconded.  The motion passed by a voice vote.

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

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

Kevin Marchand entertained a motion to approve or deny the application for a Dimensional Variance.

Kevin Kazarian moved to approve the request for a Dimensional 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
• Gary Berdugo: Yes

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

c.      Case #ZB-21-11

Phoenix Central Falls Industrial Investors, LLC, of 401 East Kilbourn Ave, Ste. 201, Milwaukee, WI, owner and applicant of 1159 Broad Street and 85 Hunt St. (Plat 2, Lot 30 and Plat 2, Lot 196, respectively, in an M-2 heavy industrial zone within a MBRD mill building reuse overlay district) is seeking Special Use Permits pursuant to Article III, Section 304, Table 1, Subsection 48 to allow warehousing and storage on Plat 2, Lot 30 and Subsection 64 to allow parking as the principal use on Plat 2, Lot 196, and is seeking Dimensional Variances for relief from Article IV, Section 402.1 (supplementary dimensional regulations – commercial and industrial zones) for both lots, for a proposed warehouse and distribution facility.

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

Mr. Miller swore in Will Walter of Windsor, CT, from Alfred Benesch and Company representing Applicant.

Mr. Walter, who is an engineer working on the project, presented the application on behalf of the Applicant (Phoenix), explained that Phoenix has done projects similar to the proposed development, and described the proposed redevelopment of the site.

Mr. Walter responded to questions from members of the Board and legal counsel:

·         The height of the new building to be constructed where a portion of the existing building will be demolished will not be higher that the buildings that will remain

·         The green on the plan indicates where there would be planting

·         The proposed development will not change the characteristics of the area

·         The 32’ clearance includes a needed clear span of approximately 29’ plus trusses

·         The height exceeding 30’ is needed to make the building functional and safe

·         The proposed use is a warehouse distribution center, not storage; there will be no end-users coming to the facility

Gary Berdugo moved to open the public hearing; Daniel Klotz seconded.  The motion passed by a voice vote.

Kevin Marchand asked if anyone wished to speak on this case.  No one came forward for public comment.

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

Mr. Vandermillen read his memo that included the staff analysis and recommendation to the Zoning Board.

Kevin Marchand entertained four separate motions to approve or deny the application.

Ann Peckham moved to approve the request for a Special Use Permit pursuant to Article III, Section 304, Table 1, Subsection 48 to allow warehousing and storage on Plat 2, Lot 30 based on the testimony presented and the Staff Recommendation; Gary Berdugo seconded.  A roll call vote was taken:

• Kevin Marchand, Chair: Yes
• Kevin Kazarian, Vice-Chair: Yes
• Daniel Klotz: Yes
• Ann Peckham: Yes
• Gary Berdugo: Yes

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

Kevin Kazarian moved to approve the request for a Special Use Permit pursuant to Article III, Section 304, Table 1, Subsection 64 to allow parking as the principal use on Plat 2, Lot 196, 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
• Gary Berdugo: Yes

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

Ann Peckham moved to approve the request for a Dimensional Variance for relief from Article IV, Section 402.1 (supplementary dimensional regulations – commercial and industrial zones) for Plat 2 Lot 30 for building height greater than 30 feet for AP 2 Lot 30 based on the testimony presented and the Staff Recommendation; Gary Berdugo seconded.  A roll call vote was taken:

• Kevin Marchand, Chair: Yes
• Kevin Kazarian, Vice-Chair: Yes
• Daniel Klotz: Yes
• Ann Peckham: Yes
• Gary Berdugo: Yes

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

Kevin Kazarian moved to approve the request for a Dimensional Variance for Article IV, Section 402.1 (supplementary dimensional regulations – commercial and industrial zones) for AP 2 Lot 196 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
• Gary Berdugo: Yes

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

Gary Berdugo moved to close New Business; Kevin Kazarian seconded.  The motion passed by a voice vote.

VI.            Old Business – none

Kevin Kazarian moved to open Old Business; Gary Berdugo and Ann Peckham seconded.  The motion passed by a voice vote.

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

VII.            Staff Report

Mr. Vandermillen introduced two new Board Members:

·         Jackie Parra – Ms. Parra stated that she lives and works in Central Falls, and owns her house

·         Miguel Garcia – Mr. Garcia stated that he lives on Washington Street, and works as a journalist

Mr. Vandermillen proposed that the Board begin meeting on the second Wednesday each month to avoid scheduling conflicts.

VIII.            Adjournment

Kevin Kazarian moved to adjourn; Ann Peckham seconded.  The motion passed by a voice vote. The meeting was adjourned at 7:56 p.m.