I.            Call to Order

The meeting was called to order at 6:18 p.m.by Kevin Marchand

II.            Roll Call

Board Members:

·         Kevin Marchand, Chair, present

·         Kevin Kazarian, Vice-Chair, present

·         Daniel Klotz, present

·         Herman Yip, present

·         Gary Berdugo (1^st Alternate), present

·         Ann Peckham, absent

·         Jackie Parra, absent

·         Miguel Garcia, absent

The meeting was staffed by:

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

III.            Pledge of Allegiance

Led by Board Chair Kevin Marchand.

IV.            Approval of Minutes

a.       October 20, 2021 meeting

b.      November 3, 2021 meeting

Gary Berdugo moved to table approval of the minutes to the next meeting; Daniel Klotz seconded.  The motion passed by a voice vote.

V.            New Business

Kevin Kazarian moved to open New Business; Daniel Klotz seconded.  The motion passed by a voice vote.

a.      Case #ZB-21-12

Pawtucket Central Falls Development Corp., of 204 Broad St., Pawtucket, RI, owner and applicant of 44 Central St. (Plat 1, Lot 261 in a C-1 limited commercial and M-2 heavy industrial zone), is seeking a Use Variance pursuant to Article III, Section 304, Table 1, Subsection 14 (multi-household dwelling in an M-2 zone) and Subsection 55 (retail trade, neighborhood establishments 2,500 GLA or less in an M-2 zone) and Dimensional Variances seeking relief from Article IV, Sections 402 and 402.1 (minimum lot area per dwelling unit and supplementary dimensional regulations for front and side setbacks) and Article VIII, Section 801.3 (setback of parking spaces), Section 801.8 (off-street parking space requirements), and Section 802 (loading requirements) to allow construction of 24 residential units and 2 commercial units.

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

Bret Jedele of Chase Ruttenberg and Freedman, LLP, legal counsel for the Applicant, introduced himself and four witnesses for the Applicant.

Mr. Miller swore in the four witnesses:

·         Linda Weisinger, Pawtucket Central Falls Development - Executive Director

·         Andrew Pierson, Pawtucket Central Falls Development - Director of Real Estate

·         Ed Wojcik, Ed Wojcik Architect

·         Brian King, Crossman Engineering

Mr. Jedele called Ms. Weisinger as a witness.  Ms. Weisinger provided an overview description of Pawtucket Central Falls Development (PCFD), including a summary of its portfolio and programs.  Upon questioning by Mr. Jedele, the witness described two housing development projects as examples of PCFD’s work, one for rental housing and one for homeownership, and described the importance of providing a range of opportunities along the spectrum of rental and homeownership.

Mr. Jedele called Mr. Pierson as a witness.  Mr. Pierson described his role at PCFD in putting projects together to meet the needs of the community.  Upon questioning by Mr. Jedele, Mr. Pierson described several aspects of the project.  He described the proposed project as being the centerpiece of a larger 61-unit rental project across several sites.  This part of the project would be a mixed-use, mixed-income project that would include 2,400 square feet of commercial and a mix of market rate and affordable rental housing units, with a few of the units dedicated to the lowest income category.  If approved, funding applications will be submitted, and construction could start in late 2022.  A community event was held earlier this month to get input about the project. Mr. Pierson explained that based on their experience with 256 units, the average demand for parking is one space per unit.  The commercial units are envisioned as “community commercial” or “light commercial” that could provide space for homeownership education classes, community classrooms, or non-profit office space, for example.  Supportive services, such as no-cost counseling and assistance could also be provided.

Mr. Jedele called Mr. Wojcik as a witness.  Mr. Wojcik stated that he has been an architect for 27 years and has been in the field for 33 years, with PCFD as his first client. 

Mr. Jedele provided Mr. Wojcik’s resume as Exhibit A and asked that Mr. Wojcik be recognized as an expert witness in architectural design and zoning.  Mr. Miller noted that Mr. Wojcik has been recognized as an expert witness.

Upon questioning by Mr. Jedele, Mr. Wojcik stated that he has reviewed the Central Falls Zoning Ordinance.  He explained that the property spans two zones and stated that a use variance is needed.  An illustrative example of the 2 zones was presented as Exhibit B.  

Mr. Jedele asked Mr. Wojcik several questions pertaining to the relief being sought by the Applicant. Mr. Wojcik then responded to questions from Mr. Jedele intended to establish that the standards for relief for dimensional and use variances had been met.  Mr. Wojcik stated that he had answered Mr. Jedele’s questions as an expert.

Mr. Wojcik responded to questions from members of the Board.

Mr. Kazarian disclosed that he is also a member of the PCFD Board of Directors and that he receives no compensation for that role.  He stated that he would abstain from any vote on this proposed development if it came before the PCFD Board.

Mr. Jedele called Mr. King as a witness. Mr. King stated that he has worked as a civil engineer at Crossman Engineering for 29 years, he has worked in almost every community in the state and has provided testimony for other cases, and that he has a bachelor’s degree in civil engineering and is a registered Professional Engineer.

Mr. Jedele asked the Board to recognize Mr. King as an expert witness. The Board recognized Mr. King as an expert witness.

Upon questioning by Mr. Jedele, Mr. King explained how the site design will reduce stormwater runoff relative to the current conditions of the site.

Mr. Jedele asked that the Planning Department’s supportive Staff Recommendation be entered into the record.  The written Staff Recommendation will be entered into the record as Exhibit C.

Mr. Vandermillen read a letter of support provided by abutting property owners Ann and Gene Racquier of 33 Cross Street addressed to the Planning Department.

Mr. Marchand entertained a motion to open the Public Hearing. Mr. Berdugo moved to open the Public Hearing; Mr. Klotz seconded.  The motion passed by a voice vote.

No one came forward for public comment, but Mr. Vandermillen stated that the owner of the abutting property at 38 Central Street, Mr. Sergio Gomes of 92 Japonica Street, Pawtucket, had come to the Planning Department and told Mr. Vandermillen that he believed there was an easement that allowed emergency access to 38 Central from 44 Central.  Mr. Gomes also indicated that the proposed location of the garbage dumpsters at 44 Central would be below the windows of the residential apartments at 38 Central.

As no one was present to make public comment, Mr. Marchand entertained a motion to close the Public Hearing. Mr. Berdugo moved to open the Public Hearing; Mr. Klotz seconded.  The motion passed by a voice vote.

Mr. Marchand entertained a motion to approve or deny the Applicant’s request for relief based on the findings of fact and the testimony presented, with each request to be voted on individually.

·         Use Variance pursuant to Article III, Section 304, Table 1, Subsection 14 (multi-household dwelling in an M-2 zone) -- Mr. Kazarian moved to approve the request for the use variance, based on the testimony presented by PCFD staff, the testimony presented by expert witnesses, and the Planning Department staff’s recommendation; Mr. Berdugo seconded.  A roll call vote was taken: Kevin Marchand (Yes), Kevin Kazarian (Yes), Danial Klotz (Yes), Gary Berdugo (Yes), Herman Yip (Yes). The relief was granted.

·         Use Variance pursuant to Article III, Section 304, Table 1, Subsection 55 (retail trade, neighborhood establishments 2,500 GLA or less in an M-2 zone) -- Mr. Kazarian moved to approve the request for the use variance; Mr. Yip seconded.  A roll call vote was taken: Kevin Marchand (Yes), Kevin Kazarian (Yes), Danial Klotz (Yes), Gary Berdugo (Yes), Herman Yip (Yes). The relief was granted.

·         Dimensional Variance for relief from Article IV, Section 402 (minimum lot area per dwelling unit) -- Mr. Berdugo moved to approve the request for the dimension variance; Mr. Klotz seconded.  A roll call vote was taken: Kevin Marchand (Yes), Kevin Kazarian (Yes), Danial Klotz (Yes), Gary Berdugo (Yes), Herman Yip (Yes). The relief was granted.

·         Dimensional Variances for relief from Article IV, Section 402.1 (supplementary dimensional regulations for front and side setbacks) -- Mr. Kazarian moved to approve the request for the dimensional variances; Mr. Yip seconded.  A roll call vote was taken: Kevin Marchand (Yes), Kevin Kazarian (Yes), Danial Klotz (Yes), Gary Berdugo (Yes), Herman Yip (Yes). The relief was granted.

·         Relief from Article VIII, Section 801.3 (setback of parking spaces) -- Mr. Berdugo moved to approve the request for relief from setback requirements for parking spaces; Mr. Klotz seconded.  A roll call vote was taken: Kevin Marchand (Yes), Kevin Kazarian (Yes), Danial Klotz (Yes), Gary Berdugo (Yes), Herman Yip (Yes). The relief was granted.

·         Relief from Article VIII, Section 801.8 (off-street parking space requirements) -- Mr. Berdugo moved to approve the request for relief from off-street parking space requirements; Mr. Kazarian seconded.  A roll call vote was taken: Kevin Marchand (Yes), Kevin Kazarian (Yes), Danial Klotz (Yes), Gary Berdugo (Yes), Herman Yip (Yes). The relief was granted.

·         Relief from Article VIII, Section 802 (loading requirements) -- Mr. Berdugo moved to approve the request for relief from loading requirements; Mr. Kazarian seconded.  A roll call vote was taken: Kevin Marchand (Yes), Kevin Kazarian (Yes), Danial Klotz (Yes), Gary Berdugo (Yes), Herman Yip (Yes). The relief was granted.

b.      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.

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

Mr. Vandermillen stated that questions concerning the conditions of the property and the potential for pollutants from the proposed repair facility to run off of the site have been brought to his attention by City staff.  Until those questions are resolved a staff recommendation would not be complete.

The Applicant commented that his intent is to run the same type of business that currently operates on the site, and that he has made improvements.

Mr. Miller commented that the Board would not be able to consider this case without a complete staff recommendation.

Mr. Marchand entertained a motion to continue this case to the next meeting.  Mr. Yip moved to continue this case to the next meeting; Mr. Klotz seconded.  The motion passed.

VI.            Old Business – none

Mr. Marchand entertained a motion to open Old Business. Mr. Berdugo moved to open Old Business; Mr. Yip seconded.  The motion passed by a voice vote.

Mr. Marchand entertained a motion to close Old Business. Mr. Berdugo moved to close Old Business; Mr. Klotz seconded.  The motion passed by a voice vote.

VII.            Staff Report

There was no staff report.

VIII.            Adjournment

Mr. Marchand entertained a motion to adjourn. Mr. Berdugo moved to adjourn; Mr. Yip seconded.  The motion passed by a voice vote. The meeting was adjourned at 7:53 p.m.