Town of Smithfield
Planning Board
64 FARNUM PIKE ESMOND, RHODE ISLAND 02917
March 12, 2020
Meeting Minutes
Members Present: Al Gizzarelli, Richard Colavechio, Jennifer Hawkins, Mike Pinelli, Steve Tillinghast, Curtis Ruotolo, John Steere, and John Yoakum
Members Absent: Michael Moan
Others Present: Michael Phillips, Town Planner, Scott Levesque, Assistant Town Solicitor
The March 12, 2020 meeting of the Smithfield Planning Board opened at 7:02 p.m.
Chairman Al Gizzarelli read the Emergency Evacuation and Health Notification.
Discuss and approve the February 13, 2020 meeting minutes.
The minutes from the February 13, 2020 Planning Board meeting were reviewed.
John Yoakum made a motion, seconded by John Steere, to approve minutes from February 13, 2020 Planning Board meeting as amended. The vote on the motion was as follows:
Voting In Favor: Members Colavecchio, Gizzarelli, Pinelli, Steere, Tillinghast and Yoakum
Voting In Opposition: None
Abstaining: Members Ruotolo
The vote on the motion being six in favor with one abstention, the motion carried.
Board member Jennifer Hawkins arrived after the approval of the meeting minutes.
Major Land Development Project - Master Plan Review - Public Informational Meeting
AP 37/Lot 19A – 438 Putnam Pike
1.21 Acres (approx.)/Planned Development (PD) Zone
Applicant: JP Morgan Chase Bank, N.A.
Owner: Janco Central, Inc.
Engineer: Core States Group
a. Review and discuss the proposed submission with the project proponent.
b. The Board may make a recommendation to the Zoning Board of Review on the requested Special Use Permit and dimensional relief.
c. Discuss/schedule a site visit.
d. The Board may approve the Master Plan as submitted, approve with changes and/or conditions, deny the application, or continue the meeting to a future date.
Alan Rosco, with Core States Group, representing the applicant, stated that they have revised the plan to slide the building further away from the road but that they still need relief but are more in line with what is required by zoning. Mr. Rosco added that were able to eliminate one item that they were previously needing relief from.
Curtis Ruotolo suggested taking the curb lines and running them straight with a one way lane and narrowing island. Alan Rosco replied that they will look at a bypass lane or turn around.
There was no one present from the public to speak to this application.
John Yoakum made a motion, seconded by Mike Pinelli, to approve the master plan with the findings in the Planner’s Memo submitted as Board’s Exhibit #B, being conditioned upon the applicant receiving approval by the Zoning Board of Review, the addition of a turnaround spot, and a reduction in the curb width. The vote on the motion was all in favor and the motion carried.
Johan Yoakum made a motion, seconded by Mike Pinelli, to recommend that the dimensional relief and special use permit be granted by the Zoning Board. The vote on the motion was all in favor and the motion carried.
Major Land Development Project - Final Plan Review
AP 45 / Lots 181 and 182 – 655 and 665 Douglas Pike
3.9 Acres (approx.) / Commercial (C) Zone
Applicant/Owner: ARR Retail Development, LLC – Anthony Rongione
Engineer: Victoria Howland, P.E. – PARE Corp.
a. Review and discuss the proposed submission with the project proponent.
b. The Board may approve the Final Plan as submitted, approve with changes and/or conditions, deny the application, or continue the meeting to a future date.
Board Member Al Gizzarelli recused himself from the hearing of this application.
John Reese, with ARR Retail Development, stated that they were previously before the Board and that there were issues with regard to a green screening and traffic concerns.
Victoria Howland, Professional Engineer with Pare Corp., reviewed the Preliminary Plan conditions of approval and stated that they have received Soil & Erosion permit approval, having a current DEM wetlands permit, and having an email from DOT that the Physical Alteration Permit is coming. Ms. Howland stated that they have submitted a plan to the Town Engineer for green screening at the rear of the property.
Amy Archer, Traffic Engineer with Pare Corp., stated that they have extended the queuing for the left turn and believe that they now have adequate queuing in all directions.
Mike Pinelli made a motion, seconded by Steve Tillinghast, to approve the Final Plan with the findings in the Planner’s Memo submitted as Board’s Exhibit #1, being conditioned on RIDOT Physical Alteration Permit and the RIDEM wetlands alteration approval be submitted before recording. The vote on the motion was all in favor and the motion carried.
Comprehensive Permit Application / Major Land Development Project – Master Plan Review
AP 46 / Lot 10 – 8 Mann School Road and Log Road
54.95 Acres / 1 Lot / R-80 Zone
Owner/Applicant: Sand Trace, LLC
Engineer: DiPrete Engineering
a. Review and discuss the proposed submission with the project proponent.
b. Conduct a public hearing and receive input from the public on the proposed submission.
c. The Board may approve the Master Plan as submitted, approve with changes and/or conditions, deny the application, or continue the meeting to a future date.
Attorney William Landry, with Blish & Cavanagh, represented the applicant stating that this is the third phase of this project which is unique in that it is consistent with the Town’s Comprehensive Community Plan and exceeds the standards for conservation development.
Chris Duhamel, Professional Land Surveyor and Engineer with DiPrete Engineering, stated the development of Phase III consists of 25 acres having 40 units, exceeding the required amount of open space, and being serviced by public water and sewer.
Attorney William Landry stated that Scott Rabideau’s wetlands report was submitted at the master plan and that all proposed improvements were outside any RIDEM jurisdictional area. The report was marked as Applicant’s Exhibit A.
Attorney William Landry requested the updated version of Edward Pimental’s Planning Report be submitted as Applicant’s Exhibit B.
The public hearing was opened at 8:07 p.m.
Michael Iannotti, 87 Swan Road, stated that he disagrees with Mr. Landry and that the State statute is clear that the entire site design must be done at the master plan level and not in phases. Mr. Iannotti stated that he thinks the approval of 60 units at Phase 1 was it and that the Town’s ordinance states that no more than 1% of the Town’s housing units will be considered. Mr. Iannotti stated that the Smithfield ordinance allows developers to exceed the 1% only where they seek and receive a special use permit which this developer did not do. Mr. Iannotti submits that this whole process is improper and should have been stopped at Phase 1 with 60 units.
Mr. Iannotti stated that the land on Swan Road is higher with properties having wells that are shallow. Mr. Iannotti stated that, if Phase III is approved, that the Board require a hydrologist’s report that looks at any effect on the neighboring wells for the Preliminary Plan submission.
Assistant Solicitor Scott Levesque stated that RI General Law, with regard to comprehensive permits, allows for developers to submit a single application in lieu of separate applications and this Board, as the Local Review Board, has the ability to grant the special use permit.
Attorney Rob D’Alfonso, representing Steven and Loreen Francazio, stated that the developer and the Town has misconstrued the act and questioned whether this Board has granted a special use permit. Attorney D’Alfonso addressed the presence of this site on Table H-25 of the Comprehensive Plan which does not automatically grant permission for enhanced density development. Attorney D’Alfonso stated that he believes this project cannot go forward unless it is granted a special permit.
Attorney William Landry stated that the Low and Moderate Income Housing Act used to call the relief needed a special use permit but the Law now calls it a comprehensive permit.
Cheryl Iannotti, 87 Swan Road, stated that this Board has a very big responsibility on a big project having traffics issues, environmental issues, impacts on wells, and this being a moderate income and not low income housing development does not get the Town any closer to its goal. Mrs. Iannotti stated that the needs of the Town and welfare of its citizens needs to be considered.
There being no one else to speak to this application, the public hearing was closed at 8:28 p.m.
John Yoakum questioned the effect on wells on Swan Road and Attorney William Landry replied that he has never heard of a hydrology study being done when there is public water available.
Al Gizzarelli questioned the elevations and Chris Duhamel replied that the development is 1,000 feet from Swan Road, which is at a higher elevation, and the site is isolated by a wetland. Mr. DiPrete added that he can’t see any potential effect on groundwater on Swan Road.
Richard Colavecchio stated that at Phase II thee was an agreement that the second floor of the units with lofts be eliminated and Attorney William Landry replied that all eight of the conditions in the Staff Report are acceptable.
Planner Mike Phillips requested the applicant address how the units will layout and not being uniform and Frank Simonelli, Jr. stated that there will not be a wall of units but 12-15 foot distance between every other unit and, if possible, will try to turn units to avoid track housing on the road.
Steve Tillinghast stated that the project buildout is 10-15 years and questioned the timeline of Phase III and Frank Simonelli, Jr. replied that it is market-based but will probably be a 3-4 year construction.
Jennifer Hawkins stated she is satisfied that the conditions of Phase II have been met and understands that a special use permit is not applicable.
Mike Pinelli stated that his concern was traffic flow which was addressed in Phase 1 and 2.
John Yoakum stated that he appreciates the effort in reduction of units and the developer agreeing to work with traffic issues as time goes on.
Steve Tillinghast stated that this is a large project with traffic implications which are still there and this is a concern for him.
Curtis Ruotolo stated that there is still a Preliminary Plan review and having a reduction in the number of units and incorporating the Board’s comments has moved the project in a positive direction since Phase 1.
John Yoakum made a motion, seconded by John Steere, to approve the master plan for Phase III with the conditions of approval adopted at Phase II and making the findings as outlined in the Town Planner’s Memo submitted as Board’s Exhibit #1. The vote on the motion was as follows:
Voting In Favor: Members Gizzarelli, Colavechio, Hawkins, Pinelli, Ruotolo, Steere, and Yoakum
Voting In Opposition: Member Tillinghast
Abstaining: None
The vote on the motion being seven in favor with one in opposition, the motion carried.
John Steere made a motion, seconded by John Steere, to adjourn the meeting at 8:45 pm. The vote on the motion was all in favor and the motion carried.
The next meeting is scheduled for Thursday, April 16, 2020 at 7:00 p.m.
Respectfully submitted,
Donna A. Corrao, Recording Secretary