WESTERLY — The Zoning Board has approved doubling the current density of a North End building – and its new owner is the board’s own vice chairman.

Plans to convert a duplex at 136-138 High St. into four, one-unit apartments were presented to the town’s planning and zoning boards earlier this year under the name of the parcel’s owner at the time, Deborah Stott.

Just two days after Zoning Board members voted on Oct. 1 to give Stott a special use permit, Robert Ritacco – who serves as vice chairman of the Zoning Board and chairman of Westerly’s Democratic Town Committee – purchased the property for $180,000, above its appraised value of $171,500.

The structure is located in a high-density residential zone and abuts the 27-unit Maples condominium complex and a gas station at the Friendship Street intersection. It had been used as a two-family home – a grandfathered, non-conforming use – for a century, but has been vacant since being gutted by a July 2004 fire.

On Sept. 16, the Planning Board considered Stott’s application and advised the Zoning Board not to let her to use the property in a way that is not permitted by zoning. The Zoning Board, however, reached a contrary decision in October, and approved a special use permit and dimensional variances that allow the fire-gutted structure to be converted from a duplex to four apartments.

While he did not yet own the High Street property, Ritacco recused himself from the October Zoning Board hearing. He said he did this because, at the time, there was a “possibility” he would buy the property.

On a warranty deed filed with the town, “September” dates associated with signatures of endorsement have been crossed out in three places and replaced with handwritten “Octobers.” Ritacco said the September dates are typos.

The application, now under Ritacco’s name, returns to the Planning Board for preliminary and final plan approvals. The matter had been scheduled for consideration this coming Tuesday, but is expected to be pushed back so necessary paperwork can be completed.

The Zoning Board’s October vote – which could set precedent – allowed four units on the 0.19-acre parcel, despite zoning rules that require 2.55 acres for that density. It also allowed smaller side, rear and front setbacks than required – and eliminated buffers in a zone that normally requires a 20-foot buffer.

Ritacco’s attorney, Vincent Naccarato of Westerly, told officials the proposal would not expand the building’s current size, and would convert two five-bedroom apartments into four one-bedroom units.

In an Oct. 10 letter, Naccarato asked the Zoning Board to reconsider sending the application to the Planning Board for development plan review. The attorney asked the town’s zoning official to issue a zoning certificate – a move that would have allowed his client to obtain a building permit.

Not long after, Planning and Zoning Solicitor John R. Payne Jr. issued a letter of caution: “In view of the fact that the Stott property has been purchased by Mr. Ritacco, it is my opinion that he will be prohibited from appearing before the Zoning Board on any matter related to this property until such time as he has complied with the enclosed section of the Code of Ethics including obtaining an advisory opinion from the Ethics Commission.”

Payne enclosed portions of the state Code of Ethics, and marked a provision that barrs an elected or appointed official from representing himself before the government body on which he sits.

The Ethics Commission may make an exception in cases of hardship, but the applicant must first advise the group in writing and recuse himself from voting to avoid any “appearance of impropriety.”

On Saturday, Ritacco said he would follow the code: “As far as I’m concerned that’s fine with me… If I have to appear before [Zoning Board members], obviously I will.”

The High Street plan has, to date, drawn both support and raised concerns.

The six Planning Board members who opposed the special use permit in September found the plan would intensify an already non-conforming use, failed to meet zoning requirements and did not fit the neighborhood. (At that time, the town planner suggested the board delay its decision until the applicant provided missing information, including a drainage report and erosion and sediment control plans.)

John Azzinaro, the lone Zoning Board member to object to a special use permit for the property last month, questioned why a duplex would be converted to a four-family building if not for financial gain, according to minutes from the meeting. He also found the existing building too large for the property.

The Westerly Fire Department chief has indicated the plan would compromise public safety.

Speaking in support of the proposal, real estate appraiser Michael Lenihan and planning consultant Joseph Lombardo found the proposal to be environmentally compatible with the neighborhood and consistent with zoning and the comprehensive plan. Lenihan said the property’s size and its pre-existing, non-conforming structure presented the hardship needed to secure a special use permit and variances.

Lenihan also told board members the new units would draw young professionals, and Ritacco would likely not see a substantial financial gain because expenses incurred to meet fire code and complete renovations would offset additional rent.

Abutter Jon Lallo, who serves as schools solicitor and first vice chairman of the Westerly Democratic Town Committee, supported renovating a building that he said has been a neighborhood eyesore.

edupuis@thewesterlysun.com