CUMBERLAND PLANNING DEPARTMENT
Town Hall
Cumberland Planning Board Minutes
Wednesday, September 26, 2018 7:00 p.m
Cumberland Town Hall Council Chambers
45 Broad Street Cumberland, RI 02864
1. Call to Order
Meeting was called to order at 7:00 p.m. by Roy Costa Jr., Acting Chair
Members in attendance were Maria Vracic, Harry MacDonald, Christopher Butler, Greg Scown, Roy Costa Jr., and Richard Aubin. Kenneth Bush arrived at 7:02 p.m. Isabel Reis and David Coutu were absent. Also present was Jonathan Stevens, Director of Planning.
2. Approval of Planning Board Minutes
On a motion by Kenneth Bush, seconded by Maria Vracic, the Board voted unanimously 6 – 0 to approve the Planning Board Minutes for August 29, 2018.
3. Director’s Report
a. Administrative Subdivision Update –
Daniel Santos 231 Lippitt Ave AP 64 Lots 254, 255 & 256
b. Director had nothing to report
4. Old Business
5. New Business
a. HUNTING HILL: Major Land Development/Preliminary Plan Review
Owner: Atlantic NE Property Management LLC
Location: Meadow Brook Drive AP 35 Lot 188
Jonathan Stevens read his recommendation into record:
The Planning Board approved an amended Master Plan for Hunting Hill on February 28, 2018. The amended Plan changed the residential development configuration from large monolithic structures to town house clusters of 4 to 6 units each. The 115 units are 8 less than the maximum allowed by R-3 zone (Multi-Housing Residential), which for sites with water and sewer, which allows for one unit for the first 10,000 ft2 lot and one unit for every 5,000 ft2 thereafter. Vikon Properties is seeking Preliminary Approval for the development.
The original 2008 Master Plan allowed for 107 units in five apartment buildings and eleven townhouses in two additional structures and retaining walls of significant size. The dense concentration of housing allowed about 40 percent of the property to remain undisturbed. Since the 2008 approval, the General Assembly removed wetland setbacks and steep slopes from being subtracted from the total area to calculate the residential density. The applicant is seeking 115 units, less than the 123-unit capacity allowed by zoning. The Department believes that the new configuration is much improved from the 2008 approval.
As referenced in Master Plan review, the site will consist of two-bedroom townhouse condominiums in 22 structures containing four or six units each. The townhouse structures are to be tiered into the topography of the land, as was done at the Wake Robin condominium complex in Lincoln, preserving rock outcroppings and mature vegetation.
The Planning Board held an informational workshop on the proposed development on January 10, 2018, and the Technical Review Committee met with the development team, including engineer Dan Campbell and traffic engineer John Shevlin on February 14.
Since the Master Plan amendment was approved, there have been three additional meetings held for this project. The engineer and developer met with the Town at the July 11, 2018 Technical Review Committee meeting. At the TRC, the Planning Department indicated that a site walk would be beneficial to the understanding of the site. On July 20, 2018 the engineer and developer met with Planning Department staff on-site to discuss site details. Another meeting was held September 6 with three neighbors who abut the property to the north. Notes from those meetings are incorporated in this recommendation.
Site development philosophy. The developer has cited the Wake Robin condominium complex as representing the design approach this project will embrace. While there is to be substantial disturbance within the roadway and development envelopes, the plan is to preserve and integrate the natural topography and landscape features, including mature vegetation and rock outcroppings, into the built environment to the maximum degree practicable. This is also beneficial for controlling runoff and erosion. During the July 20 meeting at the site, the applicant and his engineer reaffirmed their embracing a commitment to retaining existing mature vegetation.
Phase 3. The Department has questioned the economic viability of the two town house structures (totaling 10 units) and roadway extension at the northeastern most corner of the property. Without these structures and roadway, a significant amount of land disturbance could be avoided. However, the Department recognizes the applicant’s plans to achieve most all of the density allowed by zoning might require such expansion. It is hoped that at some point in the future the applicant will amend the plan to exclude this land disturbance.
Vegetative buffer. Responding to concerns of abutting neighbors, the applicant’s landscape plan specifies a reinforcing the visual screening capacity of the existing natural buffer along the northern property line with a substantial planting of a variety of species of evergreen trees.
Roads, Drainage and Sewers. New RIDEM regulations require that all stormwater runoff be retained on site. The plan shows the use of the existing wetlands system in the eastern area and sub surface drainage infrastructure in the lower elevations. These will be distributed at 9 outfalls throughout the site so no one location would be inundated.
The installation of sewer and water lines within the Meadowbrook Drive right of way will require the developer to widen the street to 26 feet and repave the entire street as part of the project. No pumping station will be required. Existing residences will be able to tie in to the new sewer line.
The applicant will also be completely replacing drainage pipes within Meadowbrook Road that will rectify chronic flooding problems for residences at the end of Meadowbrook Road. Some sections of existing subterranean pipe are only 8 inches in diameter, sized inadequately for significant storm event peak flows. These will be replaced with a pair of 12-inch pipes.
The roadway within the property is to be private. Parking spaces will be provided at 2 per dwelling unit (garage space + one exterior space), plus 35 visitor spaces distributed throughout the site.
Traffic. Per the proposed plan and Physical Alteration Permit Application, a new extension of Meadowbrook Road will connect to the foot of Chimney Hill driveway at the existing traffic light.
This is made possible through the approval of RIDOT to use a width of Mendon Road right of way that is presently only partially developed.
This layout provides an opportunity for residents at Meadowbrook Drive to use the Chimney Hill Apartments driveway to perform left-hand turns, which provides a safer alternative to traffic backing up Meadowbrook Drive.
The applicant’s traffic analysis shows that with the proposed Mendon/Meadowbrook/Chimney Hill improvements and the synchronization of the traffic signals at Chimney Hill and Albion Road, the intersections will operate at an acceptable level of service.
Schoolchildren. During the Master Plan meeting, planning expert Joe Lombardo presented a fiscal impact study that projected a town-wide declining population of school age children. He estimated that this project would generate ten (10) students per 100 people. Townhouse condominium units without those amenities do not attract families with children. He estimated that this project would produce a gross tax revenue of $612,000, with a net benefit of $322,000 to the town.
Recommendation. The Department recommends favorable action on the Preliminary Plan. It has been evident through the process that the developer is supportive of a low-impact design in facilitating the townhouses throughout the site. It appears that neighbors have been engaged throughout the process to help mitigate effects and improve drainage concerns in the process. By maintaining as much existing vegetation and grading as possible, as well as reinforcing the buffer at the north of the property, the natural state of the property is complimented.
The Department recommends the following conditions be placed on an approval:
1. The applicant will work with RIDOT to recalibrate and synchronize the light signals at Cumberland Crossings and Albion to improve Mendon Road circulation at daily peak periods.
2. The developer will complete necessary improvements to the Chimney Hill/Mendon Road intersection as required by RIDOT.
3. There are to be no more than two bedrooms per unit.
4. Pre-construction meetings are to be held prior to all individual phases of the project.
5. Approval is contingent upon all necessary State and local permitting.
6. Strategic planting of an Evergreen buffer on the northern lot perimeter to mitigate the visual impact of the development.
Jonathan Stevens added conditions listed in the Traffic Study:
1. Any landscaping or signage installed as part of the development should be kept to a maximum of 2 feet in height within sight triangles at the development driveways to maintain sufficient sight distance.
2. Parking on Meadowbrook Drive should be restricted to one side of the street only.
3. The proposed connecting roadway between Meadowbrook Drive and the Chimney Hill Apartments should be constructed to provide a safe and efficient route for vehicles to access Mendon Road southbound from Meadowbrook Drive.
4. Signal timing modifications during the Saturday peak period at the intersections of Mendon Road with Albion Road and Mendon Road with Chimney Hill Apartments.
Michael Kelly, attorney representing the applicant – explained that modifications were made to the plan by moving buildings and intensified buffers. Vegetation will be installed when the detention basin is completed. A larger pipe installed in Meadowbrook will help with the drainage on Doire Road. This project will be done in 3 Phases and some could be broken into subphases. There is some ledge in Phase 1 which will require mostly hammering rather than blasting. They will be improving the water supply lines from 6” to 8”. The will be a condo association which will be responsible for the drainage, landscaping and trash.
Roy Costa – asked if the Condo Association will be responsible for the detention basin. Michael Kelly responded yes, they will be responsible for the common area of the property.
Dan Campbell, Level Design Group – They will be installing new 8” sewer lines from Meadowbrook to Mendon leaving stubs for the adjacent property owners to tie in. New water 8” water lines connecting to Chimney Hill will be installed. The Town asked for an investigation on the drainage problem on Doire Road. They found that the pipes were too small and will be replacing the pipes with two 12” pipes. This should help with the chronic wetlands flooding at the end of Meadow Brook. In his opinion the design and plan conforms to the Town regulations.
Chris Butler – asked if the issues with the abutter concerns on the wall and roadway have been addressed.
Dan Campbell – explained that he met with the abutters and they seemed satisfied with the planting of evergreens with a 4’ chain link fence behind the evergreens as long as they maintained the buffer.
Amy Archer, Pare Engineering-Traffic Engineer – explained the data collection of the Traffic Study for volume and crashes. The studies were done at the am and pm peaks, expanded to include impacts such as the high school, Saturday, and midday peak. The retiming of both the lights at Chimney Hill and Albion Road should help with the level of traffic on Mendon Road.
Greg Scown- didn’t see the numbers in the report that reflected crashes from the development across the street
Roy Costa Jr., - asked what the average vehicle count for the day was
Harry MacDonald – asked if DOT controls the light signals and are they in favor on changing the timing signals.
Amy Archer – replied that the volume numbers for crashes in front of Meadowbrook include all crashes on Mendon Road which include the development across the street. The average count for vehicles on Mendon Road is 1400- 1600 per day. A Physical Alteration Permit application has been submitted to DOT to get the timing of the lights changed. DOT is in favor of the concept and are awaiting approvals from the Town before moving ahead with the permits. In her opinion the modifications will improve all safety concerns.
Michael Kelly – asked if a condition for final grades be determined by Town Staff to allow for adjustment required by RIDOT. Mr. Stevens indicated his support.
Public Hearing Opened:
Robert Robin, Meadowbrook- moved in June, is against parking one side of the road.
Eduardo Martins, 46 Meadowbrook Drive – What side of the street will they take from to make the road wider?
Dan Campbell – Grading is almost 7” to 4 ½’. The roadway height is not changing at all. There will be a grass swale on Chimney Hill. The roadway currently is 20-23 feet wide and will be made to 26 feet wide to be consistent.
Michael Kelly – the roadway width will be expanded within the town right of way.
Bruce Boyer, 2135 Mendon Road – concerned with the setback from the west property line and drainage widen the flood plain on his property.
Dan Campbell – with the new piping, there is less flow that will drain onto his property
Christopher Brown, 45 Meadowrook Drive – asked why the connection to Chimney Hill is where it is and feels that there will be a backup onto Meadowbrook. He questioned how long will the project take.
Michael Kelly – the applicant cannot put the access thru Chimney Hill as his client does not own the property. The decision was made because the proposed access was already an existing public road. The phasing timeframe depends on the market and could be up to 5 years.
Harry MacDonald- asked if the road access will be completed
Michael Kelly – stated that the water and sewer line will done as part of Phase 1 and RI DOT may dictate the construction of the road.
Robert Robin 40 Meadowbrook – he put in ISDS 3 years ago. Will there be a connect fee?
Carla Martins, 46 Meadowbrook Drive – asked why an access on Meadowbrook Drive and not Diamond Hill.
Closed Public Comments at 8:33
On a motion by Christopher Butler, seconded by Maria Vracic, the Board voted unanimously to approve the Preliminary Plan for Hunting Hill with the conditions listed in the Director’s Memo dated September 19, 2018 and the traffic engineers’ study. They also stipulated that:
1) The final grades be determined by Town Staff to allow for adjustment
2) The final plan approval authority be delegated to the Administrative Officer.
The parking on one side of the street on Meadowbrook Drive is recommended, but not a condition as stated in the Traffic Study.
b. MENDON ROAD: Major Land Development – Master Plan Review
Owner: Donaldson Realty LLC (Hayward Baker)
Location: 1041 Mendon Road & 9 Whipple Street
AP 34 Lots 132-137, 211, 237, and 243
Jonathan Stevens read his recommendation into record:
The proposed development at 1041 Mendon Road & 9 Whipple Street is for site improvements and a new office building on approximately 7.7 acres spread across 9 lots zone I-2.
Existing Conditions. The current condition of the property shows an existing office building in the southwestern corner of the property, and four steel sheds housing storage space and industrial shops. The northern half of the lot is used for heavy equipment storage. The surface area there is compacted gravel.
Proposal. The proposal calls for demolition of the existing office space and construction of a new office building with approximately the same footprint but located at a more central point on the property.
Site engineer David D’Amico met with the Planning Department for an introductory meeting on August 24, 2018. At this meeting, the engineer briefed the Department on the site, which includes 4 manufacturing buildings and one office building. The Department advised the engineer to attend the next Technical Review Committee (TRC) meeting on September 12, 2018.
At the TRC meeting, the engineer indicated that the new structure was to have an additional story but maintain approximately the same footprint. In addition to the new office building, the applicant proposed several concrete pads outside of the manufacturing buildings and a new parking lot to improve upon the existing layout. Utilities will be upgrades throughout the site.
Drainage – The proposed improvements would result in drainage enhancements throughout the site. The engineer includes bioretention swales around the property to discharge runoff into, improving drainage and adding an aesthetic element to the development. Drainage swales are also proposed around the entry to the manufacturing area on site, although these plans are subject to change. Water will be discharged to Martin Street through the existing drainage system. The proposed development will follow all necessary water quality standards.
Parking – Traffic will flow through the Whipple Street entrance for the office space, and larger vehicles will continue access through the Mendon Road frontage. Total required parking for the site is 70 spaces (1 per employee; 1 per company vehicle). 60 spaces are provided in the office area, with 10 additional dispersed throughout the site.
Landscaping – Trees are proposed throughout the parking area, and a vinyl fence is depicted around the bioswales. It is the opinion of the Planning Department that this fence should instead be wooden to soften the appearance to residents, and that shade trees be included in the parking area.
Recommendation – The proposed development is consistent with the current nature of the site and appears to bring a positive improvement to the current conditions. Due to the industrial use in place, the proposed development does not appear to have any negative impacts on surrounding parties. Because of this, the Department recommends favorable action for this Master Plan proposal.
The Department recommends the following conditions be placed on an approval:
1. Specimen species of trees appropriate for shading parking areas be included in the Preliminary Plan.
2. A board fence be installed along the property line with residential abutters.
Scott Partington, attorney representing the applicant – added that this project will be an improvement to the existing site, there is no additional impervious surface on the site. The applicant is fine with the trees and the wooden fence.
Richard Aubin asked what size the fence would be
David D’Amico, DEtec Engineering – explained that the fence would be six (6) feet and made of cedar.
He then presented the existing and proposed plans for the project. The heavy equipment currently stored near the office will be moved to a lay down area toward the northern part of the property. The company currently has approximately 80 employees. The egress and access will remain the same, therefore the project will no add any additional traffic on Mendon Road. All drainage on this site goes to the southwest corner of the property and will require DEM Water Quality Permit.
On a motion by Harry MacDonald, seconded by Greg Scown, the Board voted unanimously 7 – 0 to approve this Master Plan with the conditions listed in the Director’s memo dated September 19, 2018.
c. ELEANOR DRIVE: Zoning Recommendation – Dimensional Variance
Owner: Michael Menard
Location: 44 Eleanor Drive AP 46 Lot 079
Jonathan Stevens read his recommendation into record:
The applicant has constructed a house within 26 feet of the rear boundary of a 5-acre lot. However, the A-1 zoned property requires an 80-foot rear yard setback.
The applicant’s narrative alleges someone trespassed onto this lot and moved the foundation stakes prior to the foundation being constructed, causing the house to be mislocated. However, even if this was true, this would appear not to absolve the applicant from following the dimensional requirements of the zoning code.
Dimensional Variance - The Department recommends denial of this application on the grounds that this hardship is self-imposed.
On a motion by Christopher Butler, seconded by Greg Scown the Board voted unanimously 7 – 0 to recommend the Zoning Board deny the petition, as the hardship on this petition is self-imposed and is not consistent with the Comprehensive Plan
6. Adjourn
On a motion by Kenneth Bush, seconded by Greg Scown the meeting was adjourned.
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Jonathan Stevens, Director of Planning and Community Development