RICHMOND TOWN COUNCIL

 

Regular Town Council Meeting

March 23, 2022

6:00 P.M.

 

A.        CALL TO ORDER

 

President Carpenter called the meeting of the Richmond Town Council to order at 6:00 P.M. held on March 23, 2022. This meeting was held In-Person at Town Council Chambers, 5 Richmond Townhouse Road, Wyoming, RI, and was also teleconferenced via Zoom.

 

B.        ROLL CALL

 

Town Council Members present in Council Chambers were as follows: President Nell Carpenter, Vice President James Palmisciano, Councilor Ronald Newman, Councilor Rich Nassaney and Councilor Lauren Cacciola. Also present Town Administrator Karen D. Pinch (via Zoom), Town Solicitor Karen Ellsworth, Town Planner Shaun Lacey, and Town Clerk Erin Liese.

 

C.        PUBLIC HEARING

Please Note in Accordance with Section 42-46-6 (b) the Council May Review, Discuss and/or take Action on the following items:

1)   Discussion and consideration of an Application Request from Lawrence G. Casey for a Proposed Zoning Map Amendment and Comprehensive Plan Amendment affecting two properties located at 301 & 310 Nooseneck Hill  Road, Assessor’s Plan 2C Lot 16-1 and 2C Lot 4 from R-2( Single- Family Residential) to LI ( Light Industrial) with Comprehensive Plan Future Land Use Map designation Amendment from Medium Density Residential to Light Industrial ( Continued from March 15, 2022)

 

A motion was made to re-open the Public Hearing on Application Request from Lawrence G. Casey for a Proposed Zoning Map Amendment and Comprehensive Plan Amendment affecting two properties located at 301 & 310 Nooseneck Hill  Road, Assessor’s Plan 2C Lot 16-1 and 2C Lot 4 from R-2 (Single- Family Residential) to LI (Light Industrial) with Comprehensive Plan Future Land Use Map designation Amendment from Medium Density Residential to Light Industrial (Continued from March 15, 2022) by Councilor Newman seconded by Councilor Nassaney.              Vote: President Carpenter, Aye; Vice President Palmisciano, Aye; Councilor Newman, Aye; Councilor Cacciola, Aye; Councilor Nassaney, Aye    

 

Mr. Larry Casey and Serena Casey were present.

 

Mr. Case, owner and applicant, thanked everyone for their assistance in the matter and work done.

 

Laura Rieger of Downs Court advised she is familiar with Aqua Science; as they have been around for a long time. She feels the Council should give all abilities to this development. She explained it is an ideal location for Industrial, due to the access to Route 95. She stated we need to support businesses.

Town Planner Lacey summarized the history of this application. He further explained the Planning Board had reviewed the application again last night and supported the following 11 use codes: 962- Warehouse, 508- Cellular, 602 & 606 Construction Trades, 644- Warehouse Sales and Storage, 702 Professional Offices, 706- Motion picture and Sound Recording, 710- Business Offices not otherwise specified; 740 Repair Services, 774- Equipment Rental with On-Site Storage and 854 Artisan Studio. 

 

Councilor Newman clarified that Solar was not to be permitted. Town Planner Lacey advised that solar as its only use would not.

 

President Carpenter announced that she was on the call with the Planning Board and questioned if other Council members had participated?

 

Councilor Cacciola advised she was on the call.

 

Vice President Palmisciano advised he was in the audience.

 

Councilor Cacciola questioned if behavior health would be permitted. She was advised that professional offices were approved.

 

Laura Rieger followed up with traffic with regard to self-storage. She was unclear of the objection. 

She thought that buffering could be done.

 

Vice President Palmisciano advised they could always come back for other uses once a Master Pan has been done. He also discussed concern of limiting self-storage.

 

Council President Carpenter questioned Mr. Casey on how he felt about the use codes.

 

Mr. Casey advised he was grateful; however felt limited.

 

Discussion ensued on the use codes to be considered for 301 & 310 Nooseneck Hill Road. It was noted of the 29 use codes 11 were being recommended to change.

 

Town Planner Lacey advised the concerns without seeing a full plan is water usage, scale and future development with an unintended impact.

 

Discussion ensued on a master plan and future expansion.

 

President Carpenter stated concern with cost with the applicant appearing for each additional use.

 

Discussion ensued on future use and marketing. 

 

A motion was made to close the Public Hearing on Application Request from Lawrence G. Casey for a Proposed Zoning Map Amendment and Comprehensive Plan Amendment affecting two properties located at 301 & 310 Nooseneck Hill  Road, Assessor’s Plan 2C Lot 16-1 and 2C Lot 4 from R-2 (Single- Family Residential) to LI (Light Industrial) with Comprehensive Plan Future Land Use Map designation Amendment from Medium Density Residential to Light Industrial (Continued from March 15, 2022) by Councilor Newman seconded by Councilor Nassaney.              Vote: President Carpenter, Aye; Vice President Palmisciano, Aye; Councilor Newman, Aye; Councilor Cacciola, Aye; Councilor Nassaney, Aye    

 

Councilor Cacciola moved that the Comprehensive Community Plan Future Land Use Map adopted on February 15, 2022, be amended to change the use designation of Lot 4 and Lot 16-1 on Tax Assessor’s Plat 2C from Medium Density Residential to Light Industrial, as recommended by the Planning Board. Seconded by Councilor Nassaney. Vote: President Carpenter, Aye; Vice President Palmisciano, Aye Councilor Newman, Aye; Councilor Cacciola, Aye; Councilor Nassaney, Aye.   

 

Councilor Newman moved that the Zoning Ordinance Map be amended to change the zoning designation of Lot 4 and Lot 16-1 on Tax Assessor’s Plat 2C from R-2 to Light Industrial, and to limit the permitted use of both lots to the following use codes, based on the Planning Board recommendations in the staff memo dated March 23, 2022 concerning consistency with the Comprehensive Plan, as amended and recognition and consideration of the applicable purposes of zoning: 508- Commercial Cellular Communications Towers; 602- Construction Trades Contractor; 606- Maintenance Services; 644- Warehouse Sales with Outdoor Storage; 702- Professional Offices; 706- Motion Picture, Sound Recording Studio; 710- Business Offices not otherwise specified; 740- Repair Services; 774- Equipment Rental with On-Site Storage; 854- Artisan Studio; and                                     962- Warehousing, General Storage. Seconded by Councilor Nassaney

 

Council President Carpenter suggested 9 additional uses as follows: 772- Self storage, 910- Millwork, 914-Commercial Printing, 918- Textiles, 736- Personal services, 816- General Retail less than 20,000, 303- Private Trade, 856- Farmers Market, and 832- Farm Gardening.

 

Discussion ensued on amending the previous motion.

 

Town Planner Lacey advised the Planning Board had further considered additional uses that were not previously presented.

 

Councilor Nassaney stated concern with overriding the Planning Boards and waste of time. He further stated it would be a slap in the face. The Planning Board carefully vetted the application and why would we circumvent what they recommend? He advised Mr. Casey had only come a few weeks ago with use code 962. Then at the hearing he is requesting more.  The opportunity needs to be planned out.

 

Councilor Cacciola stated the Planning Board is denying business and the expense to come back.

 

Vice President Palmisciano stressed that the application has been provided with additional consideration of uses. He stated the Planning Board would like to see what the plan would look like. He left the meeting with a positive experience and now Mr. Casey can start marketing the property and moving forward. He further stated that we should give the same respect to the Planning Board as they respected us referring it back to them.

 

Back to the Vote: President Carpenter, No; Vice President Palmisciano, Aye Councilor Newman, Aye; Councilor Cacciola, Aye; Councilor Nassaney, Aye.  

 

Councilor Newman congratulated Mr. Casey.

 

A motion was made to enter Executive Session Pursuant to Pursuant to R.I. Gen. Laws 42-46-5(a)(2), pending litigation, to discuss approval of a proposed settlement with Teva Pharmaceuticals and Allergan Pharmaceuticals as part of the opioid litigation by Vice President Palmisciano seconded by Councilor Cacciola. Vote: President Carpenter, Aye; Vice President Palmisciano, Aye Councilor Newman, Aye; Councilor Cacciola, Aye; Councilor Nassaney, Aye.  

 

D.        EXECUTIVE SESSION

1)   Executive session pursuant to R.I. Gen. Laws 42-46-5(a)(2), pending litigation, to discuss approval of a proposed settlement with Teva Pharmaceuticals and Allergan Pharmaceuticals as part of the opioid litigation.

 

A motion was made to return to public session by Councilor Newman seconded by Councilor Nassaney and seal the Executive Session Minutes. Vote: President Carpenter, Aye; Vice President Palmisciano, Aye Councilor Newman, Aye; Councilor Cacciola, Aye; Councilor Nassaney, Aye.  

 

A motion was made to authorize the Town Solicitor to sign and approve the proposed settlement with Teva Pharmaceuticals and Allergan Pharmaceuticals as part of the opioid litigation by Vice President Palmisciano seconded by Councilor Nassaney. Vote: President Carpenter, Aye; Vice President Palmisciano, Aye Councilor Newman, Aye; Councilor Cacciola, Aye; Councilor Nassaney, Aye.  

 

E.        ADJOURNMENT

 

A motion was made by Councilor Newman with second by Councilor Nassaney to adjourn at 6:58 P.M. Vote: President Carpenter, Aye; Vice President Palmisciano, Aye Councilor Newman, Aye; Councilor Cacciola, Aye; Councilor Nassaney, Aye     

 

 

Attest:

 

 

_________________________________

Erin F. Liese, CMC Town Clerk