PLANNING BOARD MINUTES

Regular Meeting

August 12, 2026, 6pm

Town Council Chambers – Town Hall

350 East Main Road

Middletown, RI 02842

 

Board members present:    

Paul Croce, Chair

Joe Pierik                                           

Matt Skirzenski

Art Weber

 

Members absent:

B.J. Owen

Steve Huttler

Charlie Vaillancourt

 

Also present:

Ron Wolanski, Town Planner

Michael Monti, Assistant Town Solicitor

Rudy Botros, Principal Planner

Chairman Croce called the meeting to order at 6:00pm.      

1.    Reconsideration of vote on recommendation to the Town Council on appointment of a Planning Board member to serve on the Middletown Economic Development Advisory Committee.

1. Mr. Croce explained that this motion had originally been taken up at the last meeting when 4 members were present. However, one member abstained and the vote was 2 to 1 in favor, which was not a majority opinion. Mr. Weber having voted in the affirmative.  The motion is being reconsidered and for it to pass a member of the prevailing opinion must make a motion to reconsider.
2. Motion by Mr. Weber, to reconsider a recommendation to the Town Council on the appointment of a Planning Board member to serve on the Middletown Economic Development Advisory Committee. Vote: 4-0-0.
3. Mr. Wolanski explained that the matter will be placed on a future Planning Board agenda because the Town Administrator has also made the same recommendation which will be taken up by the Town Council at its September 21^st meeting. If the Council adopts the appointment the PB would take up the matter on its October 14^th meeting.
4. Mr. Weber confirmed with Mr. Wolanski that the Town Council determines if the member will have voting power.

2.    Approval of the minutes of the July 8, 2026 regular Planning Board meeting and July 31, 2026 special Planning Board meeting.

1. Mr. Croce requested a modification of the language on page 4 item 5 to add and the north side of the street at the end of, “Mr. Croce reiterated the requirement for a sidewalk on one side of the cul de sac.”
2. Motion by Mr. Weber, seconded by Mr. Pierik to approve the July 8, 2026 regular meeting minutes as amended. Vote: 4-0-0.
3. Motion by Mr. Weber, seconded by Mr. Pierik to approve the July 31, 2026 site visit minutes. Vote: 4-0-0.

3.    Correspondence

1. For Planning Board consideration and action: Letter dated June 9, 2026 from Girard Galvin, Esq., on behalf of SB Farm, LLC requesting withdrawal without prejudice of the pending major land development project application involving property at 913 Mitchell’s Lane, and further identified as Tax Assessors Plat 125, Lot 1.
2. Motion by Mr. Skirzenski, seconded by Mr. Weber to withdraw the application without prejudice. Vote: 4-0-0.

4.    Agenda modifications

a.    Continue item 6.b. to the September 10, 2026. 

b.    Item 6.a will be heard before 5.a, if time permits 5.b before 5.a

c.     Motion by Mr. Weber, seconded by Mr. Pierik to continue item 6.b. Vote: 4-0-0.

5.    Old Business

1. Planning Board recommendation to the Town Council – Proposed addition of new Article 16A – Inclusionary Zoning to the Middletown Zoning Ordinance, Town Code Chapter 152.

                                          i.        Heard after 5.b.

2. Request of the Town Council for review and recommendation on a draft ordinance to add new Section 94.08 – Complete Streets to Town Code Chapter 94.

 

                                          i.        Heard after 6.a.

                                         ii.        Mr. Skirzenski introduced Emily Sullivan from the Bike and Pedestrian Commission to speak after the discussion was held.

                                        iii.        Mr. Croce asked for changes to the language on the second page, item 2.b under definitions. Instead of commercial goods it should read commercial vehicles.

                                        iv.        Mr. Croce asked for changes to the language in in the last paragraph in item E.  Instead of “ensure safety” or “maximize the choice,” Mr. Croce recommended that item 1 be stricken and item 3 to read “Provide adequate, safe and comfortable access for all users.”

                                         v.        Ms. Emily Sullivan of 29 King Road, Chair of the Bike and Pedestrian Commission took to the podium to thank the Solicitor’s office for its work on the policy statement.  The final draft has yet to be looked on by the Committee.  The goal of the committee was to ensure that as roadways and intersections or sections of roadways are reconstructed as part of development or town projects that they are designed and built to be safe and accessible for all users, environmentally sustainable and resilient, goals outlined in the town’s comprehensive plan.  She did note that the request for documentation of any exclusions to the policy was not included in the final draft, but overall she was satisfied and appreciative of it.

                                        vi.        Mr. Croce expressed his appreciation that this was being drafted as a policy statement rather than a town ordinance.

                                       vii.        Mr. Wolanski explained that as a recommendation to the Town Council that the motion should be sending the draft subject to the revisions requested and the Solicitor would choose to make those changes and have the Town Council accept or reject it.

                                     viii.        Motion by Mr. Skirzenski, seconded by Mr. Weber to make a recommendation to the Town Council to approve this policy subject to the revisions discussed. Vote: 4-0-0.

6.    New Business

a.    Public Hearing - Application of 50 Enterprise Residences, LLC for Preliminary Plan approval for a Major Land Development Project involving proposed construction of 7 office buildings totaling 9,380 square feet of office space, and including associated site work, such as redesign of onsite parking, stormwater management and landscaping. Application includes request for variances from Zoning Ordinance Sections 603 and 1304 to allow a rear yard setback of 47.5 feet where 50 feet is required, building height of 40.5 feet where 35 feet is allowed, and 138 parking spaces where 156 spaces are required. The property is located at 50 Enterprise Center and identified as Lot 15F on Tax Assessor’s Plat 113.

                                          i.        Heard before 5.a and 5.b.

                                         ii.        Motion by Mr. Weber, seconded by Mr. Skirzenski to open the public hearing. Vote: 4-0-0.

                                        iii.        Atty. Jay Lynch, on behalf of the owner and applicant, explained the proposal to build 7 office buildings, 3 structures on the north side of the lot and 3 on the south side, with 1 on the west side of the lot.

                                       iv.        Atty. Lynch introduced Mr. Bicho of 50 Enterprise Residences LLC and Molly Titus of DiPrete Engineering professional engineer and the attorney of record on the project.

                                         v.        Mr. Lynch reviewed several variances:

1.    A rear yard setback requested at 47.5 feet with 50 required, because of a request by the fire department for a fire lane along the south side of the property which pushed the buildings father north which encroaches into the rear yard setback.

2.    A height requirement request with the highest point at 47.5 feet from existing grade where 35 feet is allowed.  The site topography and slope requires the addition of fill.  When construction is complete the buildings will be 35 feet from finished grade and will appear in accordance with town ordinances.

3.    A parking requirement for 74 additional spaces in an office space where currently there are 82 spaces because of the previously approved adaptive reuse of the main building.  Once a CO is issued an adaptive reuse application to transition to residential will be filed which will bring down the number of additional required spaces from 74 to 14.

                                       vi.        Mr. Lynch discussed the landscaping recommendations by the Tree and Conservation Commissions which will be incorporated into the Final plan.

1.    Mr. Croce confirmed that the tree adjacent to the generator and the building will be removed at the recommendation of the committee, because it would block the only path to the center area if needed.

                                      vii.        Mr. Lynch also addressed Mr. Wolanski’s requested waivers from section 521.

1.    A sidewalk will be incorporated from Enterprise Ctr Drive to the subject property, no waiver will be requested.  This will be a condition of approval.

2.    The HVAC systems will be located at ground level and will have landscape screening. This will be reflected in the Final plan and no waiver will be needed.

3.    A bike rack will be provided and submitted on the Final plan. No waiver is needed.

4.    Regulations allow the Board to allow a flat roof when appropriate and they had been previously approved on the Aquidneck Ave properties. Atty. Lynch requested that they be approved and that no waiver is deemed necessary.

                                     viii.        Atty. Lynch brought Mr. Bicho of 96 Diane Ave, Portsmouth, RI to the podium to answer questions.

1.    Mr. Weber confirmed that the units will become workforce rather than affordable housing.

2.    The proposal is for 7 office buildings that will ultimately be converted into 21 residential units. These units are identical to what has been developed at 819 Aquidneck Ave. The end result will be 98 total housing units which include the existing KVH building renovations.

3.    Mr. Skirzenski confirmed the applicant would comply with Ms. Welch’s request. Mr. Bicho stated they would work with Derek Savas of Newport Mini Golf, 40 Valley Road, to create the bike and pedestrian connection between them.

4.    Mr. Croce asked Mr. Bicho to explain the need for the height variance.  Mr. Bicho stated that in order to create a 2% slope in the grading for ADA compliance, they brought in fill which increased the height of the building at one point. However, at finished grade they would meet the height requirement.

5.    Mr. Croce confirmed that Crossman Engineering’s traffic comments were incorporated into the plans and that there were no outstanding issues.

6.    Mr. Croce asked the applicant to fix errors in the Development Impact Statement that would then be submitted to the Town Planner as a condition of approval.

                                       ix.        Ms. Molly Titus approached the podium to answer questions.

1.    Mr. Pierik asked that Ms. Titus review the stormwater management system. Ms. Titus explained that a sand filter would be added in line from the existing drainage system, in order to treat 100% of the new roofing and the water quality volume of the existing pavement. The existing drainage system has infiltration and detention, so pre-treatment and water quality will be added to the existing and proposed network. DEM has approved the project under a RIPDES permit.

2.    Mr. Croce asked Ms. Titus to confirm the location of the sewer pump station. It will be approved by DPW prior to construction as agreed upon at the TRC meeting.

3.    Mr. Croce asked about grass pavement. Ms. Titus explained that it was hard plastic shaped like a waffle cone that is placed below the grass to give it structure and allow it to be driven on while retaining the look of a grass lawn.

4.    Mr. Skirzenski gave his opinion about HVAC systems. He read off a quote about the cost of natural gas systems and recommended a heat pump that would save money up front and long term. He stressed that this is a personal opinion and could not be a condition of approval.

5.    Mr. Wolanski reviewed the 6 conditions:

a.    Final review of stormwater management plan by town engineer.

b.    Tree and Conservation Commission comments.

c.     Waiver requests

                                                                                          i.    Pedestrian access to site.

                                                                                         ii.    Screening of HVAC.

                                                                                        iii.    Bike rack installation.

d.    Chairman’s request to revise and update Development Impact Statement.

6.    Mr. Croce asked if anyone in the public or online wished to speak.

7.    Motion by Mr. Weber, seconded Mr. Skirzenski to close the public hearing. Vote: 4-0-0.

8.    Motion by Mr. Weber, seconded by Mr. Pierik to approve the zoning request subject to the conditions and findings. Vote: 4-0-0:

9.    Motion by Mr. Skirzenski seconded by Mr. Pierik for preliminary plan approval subject to all conditions and required findings.

b.    Public Hearing - Application of Prescott Point, LLC for combined Preliminary and Final Plan approval of a Minor Land Development Project to develop 6 additional single-family units in an existing multi-family development project. The request includes application for a special use permit under Zoning Ordinance Section 602 for expansion of a multi-family development, and request for variances from Sections 603, 903, 1506 and 1508 of the Zoning Ordinance to allow separation 25 feet between principal buildings where 50 feet is required, building height of 40 feet where 35 feet is permitted, and multi-family development to be served by private sewer system. Property located off West Main Rd. and identified as Tax Assessors Plat 104, Lot 7.

                                          i.        Continued

c.     Public Hearing – Consideration of proposed amendments to Section 510 of the Middletown Rules and Regulations Regarding the Subdivision and Development of Land regarding sidewalks.

                                          i.        Motion by Mr. Weber, seconded by Mr. Skirzenski to open the public hearing. Vote: 4-0-0.

                                         ii.        Mr. Wolanski reviewed the revision regarding sidewalk installation as a requirement and not just at Planning Board discretion.

                                        iii.        Mr. Croce noted that this change is consistent with the current and future comprehensive plan.

                                       iv.        Mr. Skirzenski, agreed that this was a good revision.

                                         v.        Mr. Pierik expressed his concern that this would be costly for developers and restrict the use of space for future subdivision developments.

                                       vi.        Mr. Croce confirmed that it was still possible to request a waiver from commercial design standards to not install a sidewalk.

                                       vii.        Mr. Croce asked if anyone in the public or online wished to speak.

                                     viii.        Motion by Mr. Weber, seconded by Mr. Skirzenski to close the public hearing. Vote: 4-0-0.

                                        ix.        Motion by Mr. Weber, seconded by Mr. Skirzenski to adopt the proposed amendment regarding sidewalks and new developments, subject to Town Council approval. Vote: 4-0-0.

d.    Review and provide recommendation to the Town Council on proposed amendments to Town Code Chapter 152 zoning ordinance, Section 2714 regarding sewage and waste.

                                          i.        Mr. Wolanski gave some context, explaining that this was a reference in Middletown’s ordinance to the City of Newport’s town ordinance regarding their requirements for pretreatment in the sewer system.

                                         ii.        Motion by Mr. Weber, seconded by Mr. Skirzenski to make a positive recommendation to the Town Council subject to the findings. Vote: 4-0-0.

e.    Receive proposed amendments to the Middletown Rules and Regulations Regarding the Subdivision and Development of Land and Town Code Chapter 152 zoning ordinance to address amendments required by legislation adopted in the 2026 session of the RI General Assembly and consider scheduling a public hearing.

                                          i.        Motion by Mr. Weber, seconded by Mr. Pierik to continue items 5.a and 6.e to the September 10^th meeting. Vote: 4-0-0.

7.    Updates

1. Status Report on Planning Board action items.

                                          i.        Mr. Croce confirmed that the PB would review the comprehensive plan comparison document before a public hearing is held.

                                         ii.        Mr. Wolanski explained that RIAC requested changes to the comprehensive plan and there still was the ongoing issue of concerns regarding the Overlay District and local property rights.

                                        iii.        Mr. Croce confirmed that the PB was waiting on comments from the Solicitor’s table regarding the Use Table.

                                       iv.        Mr. Wolanski reviewed the Town Administrator, Shawn Brown’s recommendations regarding town boards and commissions, specifically assigning a member of the PB on other boards and committees as ex officio non-voting members.

2. Updates on Committee Activity

                                          i.        Tree Commission

1.    Ms. Owen was not in attendance.

                                         ii.        Open Space and Fields Committee

1.    Mr. Vaillancourt was not in attendance.

                                        iii.        Conservation Commission

1.    Mr. Skirzenski stated the committee met last week and witnessed a presentation from the Aquidneck Land Trust and discussed possible grant funding.

3. Upcoming meetings:

                                          i.        Regular Planning Board meeting – September 10, 2026, 6pm

 

Motion by Mr. Weber, seconded by Mr. Skirzenski to adjourn the meeting. Vote: 4-0-0

Meeting adjourned at approximately 7:01 pm.

 

Respectfully submitted,

Arthur S. Weber, Jr., Secretary