CUMBERLAND PLANNING BOARD MEETING
HELD AT THE CUMBERLAND TOWN HALL
45 BROAD STREET, CUMBERLAND, RHODE ISLAND
ON WEDNESDAY, OCTOBER 28, 2015 AT 7:00 P.M.
PLANNING BOARD MEMBERS PRESENT WERE THE FOLLOWING:
David Coutu, Chairman
Roy A. Costa, Jr., Vice‑Chairman
Maria Vracic
Harry MacDonald
Christopher Butler
Greg Scown
Richard A. Aubin
Kenneth Bush
MEMBERS ABSENT
Isabel Reis
ALSO PRESENT
Kelley Nickson Morris, Director of Planning
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Mr. Coutu called the meeting to order at 7:06 p.m., and the Members of the Board who were present are listed above.
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Planning Board Minutes of September 30, 2015
Mr. Coutu asked if there were any additions, corrections or deletions to the minutes of September 30, 2015, and no one responded.
Mr. Butler then made a motion to approve the minutes of September as prepared. Mr. Aubin seconded the motion. THE MOTION WAS APPROVED UNANIMOUSLY 8‑0.
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AP 23, Lots 54, 122 and 225: Louise Luther Drive and Howard Road
AP 64W, Lots 667‑674: Hickory Road
Mr. Coutu announced the two above‑named reports which are on file in the Planning Department.
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Attorney Michael Kelly was again present to represent Terrapin Properties on this Major Land Development/Preliminary Plan. Mr. Kelly came forward and reviewed what was testified on behalf of his client at the last meeting.
Mr. Kelly also stated that the Board had several questions, and Mr. MacDonald asked for a plan showing where the test pits were made; and Mr. Kelly stated that they have submitted a plan showing the location of test holes and ledge depths, and that is on the proposed blasting plan. He stated that the areas to be blasted are crosshatched on that plan which was submitted to the Board also; and the blasting plan shows the location of where the ledge is located and where it would be blasted.
Mr. Kelly stated that Mr. Bush requested information also in regard to the lots where there would be ledge blasting, and that is also on the plan. Mr. Kelly stated that Mr. Costa requested a plan also asking where the ledge versus the shale is, and the ledge is located on the plan.
Mr. Kelly stated there was also a discussion in regard to the homeowners association, and the homeowners association document has been submitted to the Board in a form that he has used on other developments, and he has not received any comments back. He stated that the homeowners association would be recorded in each of the deeds to each of these lots and would indicate that the homeowner or the property owner would, in fact, have to be a member of the homeowners association. Mr. Kelly stated that they have set up in the homeowners association a certain development maintenance fund and reporting procedures in regard to the homeowners association engaging a contractor to perform maintenance on the drainage system; and, pursuant to the agreements in the homeowners association, the contractor will conduct periodic inspections of the common area, which is the drainage, and will file reports with the Rhode Island Department of DEM, with a courtesy copy to the association and the town.
Mr. Kelly stated that Mr. Shevlin had some comments, and one was that high capacity grates should be used at the entrance of the proposed roadway, and that has been shown also on the revised plan. He further stated that the drainage report was revised and indicated a revised plan dated
October 16, 2015.
Mr. Kelly stated he wanted to bring to the Board's attention that blasting in the State of Rhode Island is under the exclusive jurisdiction of the Fire Marshall, and he presented 40 pages of State statutes regulating blasting; and he stated that the Fire Marshall issues the permit. Mr. Kelly stated that notice is given to the Town; but he suggested to the Board that the Town does not have jurisdiction to regulate blasting, although they are certainly willing to work with the Board, as they have done, in providing a pre‑blast survey.
Mr. Kelly stated there was also a discussion in regard to a RIPDES Permit, and they have been informed, actually today, that the RIPDES Permit is going to be issued on Monday. He stated there is no physical alteration report required from the DOT; and he suggested that, with the DEM permit being issued on Monday, he would be asking for an approval of this subdivision, subject to the DEM permit being filed, which will probably be next week.
Mr. Kelly stated that, if the Board had any further questions, he had Mr. Piampiano present and also Mr. Darveau, the surveyor; and they were happy to answer any questions the Board had.
During discussion, Mr. Coutu asked if the engineer could come forward and explain how the drainage system is going to work with all the ledge in there and where it is going to go and how that is going to work. He stated he just wanted it so everyone on the Board is clear on it.
Nicholas Piampiano, the engineer for the project, having been sworn at the last meeting, came forward and further explained how the water detention system would work on the property.
After Mr. Kelly concluded his presentation, Mr. Coutu asked if there was anyone in the audience that had any questions or concerns and would like to address the Board to please come forward.
David Dubosky, of 50 High Ridge Road, came forward and stated he is one of the abutters. He stated that if they are going to do this, he asked that they please not have a big open air system and asked for it to be put underground. He stated he does understand the risks with respect to blasting, and he has real concerns about the fact that, in the event there is any damage to their houses, that they will be forced to prove causation in any action they may have to bring in order to get their damages paid.
He stated that, notwithstanding what Mr. Kelly said about strict liability, which is an issue of whether or not they were negligent in doing the charges, not an issue of whether or not the charges caused the problem, he just wanted to say that he understands the problem; and, for the record, he would much rather have the system be underground because he agreed with some of the people here who said that it would be really unsightly to have the open air system, which is just ugly and would look horrible on the Main Street.
No one else came forward to speak either in favor or against.
Ms. Morris stated that she wanted to remind the Board that in her memorandum to the Board, because this was such a substantial set of hearings, she is obviously taking notes, and she suggested that she would come back to the Board with a written decision, because she did not want to miss anything. She stated that, generally, she would just write the decision and the Chairman signs it; but, in this particular case, it might be helpful for her to come back with a decision so that the entire Board can take a look at it. Mr. Coutu stated he was totally comfortable with that.
After further discussion, Mr. Butler made a motion to approve the Major Land Development/Preliminary Plan for property owned by Terrapin Properties, LLC located at High Ridge and Heritage Drive, being also described as Assessor's Plat 62, Lots 2, 13, 82 and 103.
Ms. Vracic seconded the motion. Mr. Coutu took a roll call vote. Ms. Vracic, Mr. Butler, Mr. Scown, Mr. Bush, Mr. Aubin and Mr. Coutu voted in favor of the motion. Mr. MacDonald and Mr. Costa voted against the motion. THE MOTION WAS APPROVED 6‑2.
Then Mr. Butler made a motion that the request for a waiver from Section 7‑C(4) of the regulations requiring that all communications and electrical lines shall be installed underground be approved.
Mr. Coutu asked if that was the way the Board would want it to read. Ms. Morris responded that she will put in the reasons, and then it will come back to the Board for adoption. Mr. Scown then seconded the motion. Mr. Coutu took a roll call vote. Ms. Vracic, Mr. Butler, Mr. Scown, Mr. Bush, Mr. Aubin and Mr. Coutu voted in favor of the motion. Mr. MacDonald and Mr. Costa voted against the motion. THE MOTION WAS APPROVED 6‑2.
Mr. Butler then made a motion that the request for waiver for the length of the cul‑de‑sac exceeding 600 feet be approved. The motion was seconded by Mr. Scown. Mr. Coutu took a roll call vote. Ms. Vracic, Mr. Butler, Mr. Scown, Mr. Bush, Mr. Aubin and Mr. Coutu voted in favor of the motion. Mr. MacDonald and Mr. Costa voted against the motion. THE MOTION WAS APPROVED 6‑2.
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Ms. Morris stated that the Board continued this from the last meeting. She stated that, as to the proposals, as she said at the last meeting, one of the two subdivisions had originally requested it as a three‑lot subdivision. She stated they had some conversations about the fact that they were including wetlands in their calculations, so they decided to change the proposal to the two‑lot subdivision on that side of the road. Ms. Morris stated that, at this time, both of the proposals meet the zoning and subdivision regulations; and she has been dealing with this with the Town, the other departments, including the Public Works Director, and they have all recommended that the subdivisions be approved, subject to RIDEM approval.
Attorney Michael Kelly was present to represent Terrapin Properties. Mr. Kelly stated that they requested a modification for the subdivision itself, due to the fact that there were some changes which everyone agreed to with the Town in regard to drainage. He stated there was a movement of a pipe in one of the detention basins so it did not exit adjacent to or in an area where water could flow on to a house, and that was changed. He stated that
DEM approved it, and there was the elimination of a detention basin which was up on a grade which the developer was very concerned was going to cause a problem down below, and that was agreed to by DEM; and now it is hard piped out to Jenna Way and down to Abbott Run. Mr. Kelly stated they received on October 2nd a revised permit from DEM for the entire subdivision, and he asked that be made part of the record.
During discussion, Mr. MacDonald brought up a previously‑approved administrative subdivision as to Lot 440. Lengthy discussion ensued between the Members of the Board, Mr. Kelly and Ms. Morris.
After the hearing concluded, Mr. Butler made a motion to approve the Minor Subdivision/Preliminary Plan for property owned by Terrapin Properties, LLC and located on Fairhaven Road, being also described as Assessor's Plat 24, Lot 440. Mr. Scown seconded the motion. After discussion, Mr. Coutu took a roll call vote. Ms. Vracic, Mr. Butler, Mr. Scown, Mr. Bush, Mr. Aubin and Mr. Coutu voted in favor of the motion. Mr. MacDonald and Mr. Costa voted against the motion. THE MOTION WAS APPROVED 6‑2.
Then Mr. Butler made a motion to approve the Minor Subdivision/Preliminary Plan for property owned by Terrapin Properties, LLC located on Fairhaven Road, being also described as Assessor's Plat 24, Lot 432. Mr. Aubin seconded the motion. THE MOTION WAS APPROVED UNANIMOUSLY 8‑0.
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Ms. Morris stated that this is actually similar to the last application, in that it is two subdivisions located on each side of Pound Road.
She stated that this is the Kissik family who, basically, all own different parts of these properties, and they want to reallocate them, probably for estate planning purposes. Mr. Coutu asked if the Board should deal with both cases but vote on them separately. Ms. Morris stated that she only gave the Board one memo because she had the same opinion on both. She further stated they do need waivers from the regulations that require the lot width to depth ratio be two to one; and these are, in some cases, a little bit more narrow. She stated this is really very straightforward, but the regulations do require a waiver from the lot width to depth ratio.
Attorney Scott Partington was present to represent the applicant in this matter.
Mr. Partington made a brief presentation on the administrative subdivisions and the reason for the requests for waivers.
No one else came forward to speak either in favor or against these requests.
After brief hearing, Mr. Costa made a motion to approve the administrative subdivision for John Kissik, et als., for property located on
Pound Road, being also described as Assessor's Plat 40, Lots 15, 29, 30, 32 and 42. The motion was seconded by Ms. Vracic. THE MOTION WAS APPROVED UNANIMOUSLY 8‑0.
Then Mr. Costa made a motion to approve the request for waivers from Section 6(E) of the regulations, i.e., relating to the average lot width to depth ratio, for property located on Pound Road, being also described as Assessor's Plat 40, Lots 15, 29, 30, 32 and 42. The motion was seconded by
Mr. Scown. THE MOTION WAS APPROVED UNANIMOUSLY 8‑0.
Mr. Bush then made a motion to approve the administrative subdivision for John Kissik, et. als., for property located on Pound Road, being also described as Assessor's Plat 41, Lots 3 and 29. The motion was seconded by Mr. Costa. THE MOTION WAS APPROVED UNANIMOUSLY 8‑0.
Mr. Bush then made a motion to approve the request for waivers from Section 6(E) of the regulations, i.e., relating to average lot width to depth ratio for administrative subdivision for property located on Pound Road, described as Assessor's Plat 41, Lots 3 and 29. The motion was seconded by Mr. Scown. THE MOTION WAS APPROVED UNANIMOUSLY 8‑0.
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Recommendation to the Zoning Board relative to a height variance for proposed signage.
Ms. Morris stated that Master Plan was granted for this project a couple of months ago. She stated the Technical Review Committee has met on this project, and the Board has a photometric plan. She stated there will be rear doors in accordance with the Building Official's comments for a second means of egress.
Ms. Morris stated, in follow‑up to what was discussed about landscaping the last time, the interior parking now has landscaped islands and arborvitaes behind the building, which is going to be a nice buffer for the neighboring property owners. She stated that the Board had provided a negative recommendation on the buffer for the variance; but the Zoning Board did approve that variance, so the arborvitaes will be planted. She stated that she understood that at the Zoning Board none of the neighbors came for that variance request.
Ms. Morris stated that the parking areas have been re‑done, and they have provided additional parking in the form of a gravel area to try to get as much parking on site as possible without having additional lot coverage.
Ms. Morris stated she would ask the Board to discuss noise issues relating to the air handlers. Ms. Morris stated that she had spoken with
Mr. Piampiano, the engineer, about this; and the air handlers can be configured so there is not a lot of noise; and Daniel Campbell, of the Level Design Group, can speak about that.
Ms. Morris stated there is a Water Department access issue, and the applicant sent in a new revised plan today with an access easement. Ms. Morris stated she had spoken with Chris Champi today about that, and he is going to need additional access to the Water Department structure. She asked that, if the Board approves this, that it be subject to Chris Champi reviewing and approving an easement for the Water Department to get to that structure on the south end of the property.
Ms. Morris stated that they are asking for a recommendation on the signage, and this was discussed the last time. She stated, in her opinion, it needs to be that high in order to get the amount of identification on it, so that traveling cars can see what is there. She stated she believes it is a safety issue.
Ms. Morris stated as to traffic that it sounds like the only level of service that gets decreased is going to be at the driveway, so people coming out of their property will have a decrease in level of service.
Ms. Morris stated that, as to drainage and traffic, the Town has a new Public Works Director, who is very detailed in his reviews; and he does not feel like he has had enough time to review this.
She stated that he has reviewed it, and his general assessment is that everything looks good; but he would like you to to condition your approval based on his final review of drainage and traffic.
Daniel Campbell, a P.E. with Level Design Group, then came forward to make a presentation to the Board. Mr. Campbell stated they have established the things that Ms. Morris has pointed out, and they do have a photometric plan. He stated they have established a full drainage plan, but they also listened very carefully to the Board's concerns having to do with landscaping, specifically, and configuration of the parking lot. Mr. Campbell went into further detail about the layout of the property, parking, landscaping, signage, etc.
During discussion, Mr. Costa asked how loud the exhaust fans were, how many there were, and how far the smoke would come from the end of the stack out. Mr. Campbell responded that, as is the case at their other location, what they are proposing is a filtered exhaust. He stated it is not really a smoke discharge. He stated it is an air exchange, so they are pulling in clean air and they are discharging the smoke air through a filter system. Mr. Campbell stated that, if the wind was blowing in your direction, it is certainly possible that you are either going to smell smoke or the deliciousness of the pizza next door; but you are most likely not going to hear it. He stated it is not like an exhaust fan on the side of a giant industrial building where you you can see the louvers come open and you see a big fan. He stated it is a unit on the roof or on the side of the building that exhausts through and provides fresh air exchange so that the the interior also does not smell like smoke, like you would think a cigar bar would.
Also present was Todd Lascola, the property manager for this project. Mr. Lascola came forward to answer questions from Mr. Costa as to the percentage requirement of tobacco sales versus liquor sales at the establishment. Mr. Lascola stated that, by law, when you do have a smoking lounge, you have to do more than 50 percent in tobacco and tobacco‑related products, which is what came up at the zoning meeting last week and which seemed to be a big factor; and that is why he wanted to bring it up because the State actually enforces that you have to do more tobacco than liquor. He stated that the State requires that you have to do a quarterly filing of the amount of tobacco sales versus liquor sales versus food sales. He stated that food sales are very minor; but they do keep, for the purposes of State Law, some vending sandwiches, but it does meet the requirements. Mr. Lascola stated that it is predominantly 65 percent cigars and 35 percent liquor; and that number floats between that 65/35 and 70/30, as it depends the time of the year. There was further discussion about the operation of the cigar bar and also further discussion on the exterior signage for the property.
After hearing, Mr. Costa made a motion to approve the Major Land Development/Preliminary Plan for property owned by KAA Properties, LLC, and located at 2352 Mendon Road, being also described as Assessor's Plat 33, Lots 394 and 429, located in a C‑1 zoning district. Ms. Morris asked if Mr. Costa would include the conditions as noted in her memorandum. Mr. Costa so moved the conditions in Ms. Morris's memo to be included in the motion.
Ms. Vracic then seconded the motion.
Mr. Bush stated that he was going to be voting against this only because he voted against the waiver for the buffer. He stated he thought the Board should be keeping the 40‑foot buffer for a property like this, and that is his only reason for opposing this. After further discussion, Mr. Coutu took a vote on the motion. Ms. Vracic, Mr. Butler, Mr. Scown, Mr. Aubin, Mr. Costa and Mr. Coutu voted in favor of the motion. Mr. MacDonald and Mr. Bush voted against the motion. THE MOTION WAS APPROVED 6‑2.
Mr. Coutu stated there is a request for recommendation to the Zoning Board relative to a height variance for proposed signage, and he asked for a motion. Mr. Scown so moved to make a favorable recommendation to the Zoning Board. Mr. Aubin seconded the motion. Ms. Vracic, Mr. Butler,
Mr. Scown, Mr. Aubin, Mr. Costa and Mr. Coutu voted in favor of the motion. Mr. MacDonald and Mr. Bush voted against the motion. THE MOTION WAS APPROVED 6‑2.
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Ms. Morris stated that a continuance was being asked for in this matter for one month because the Public Works Director is very detailed and did not get to look at this at all. After discussion, Mr. Butler made a motion to continue this matter to the November 24th meeting. Mr. Costa seconded the motion. THE MOTION WAS APPROVED UNANIMOUSLY 8‑0.
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Mr. Scown then made a motion to adjourn. The motion was seconded by Mr. Costa. THE MOTION PASSED UNANIMOUSLY 8‑0.
(THE MEETING ADJOURNED AT 10:05 P.M.)
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Respectfully submitted,
ANDREW J. D'ANGELO,
Court Reporter
I hereby certify the foregoing minutes to be a true and accurate interpretation, to the best of my ability, of my stenographic notes taken at the Cumberland Planning Board Meeting of October 28, 2015.
ANDREW J. D'ANGELO,
Court Reporter