| | Town of Smithfield Planning Board 64 FARNUM PIKE ESMOND, RHODE ISLAND 02917 November 12, 2020 Virtual Meeting Minutes |
Members Present: Al Gizzarelli, Richard Colavecchio, Mike Pinelli, Mike Moan, Curtis Ruotolo, John Steere, and John Yoakum
Members Absent: Jennifer Hawkins
Others Present: Michael Phillips, Town Planner, Scott Levesque, Assistant Town Solicitor
Chairman Al Gizzarelli opened the November 12, 2020 virtual meeting of the Smithfield Planning Board at 6:02 p.m.
Discuss and approve the August 20, 2020, September 17, 2020, October 15, 2020 and October 29, 2020 meeting minutes.
The minutes from the August 20, 2020 meeting were reviewed.
John Steere made a motion, seconded by John Yoakum, to approve the August 20, 2020 Planning Board meeting minutes. The vote on the motion was all in favor and the motion carried.
The minutes from the September 17, 2020 meeting were reviewed.
John Steere made a motion, seconded by Curtis Ruotolo, to approve the September 17, 2020 Planning Board meeting minutes. The vote on the motion was as follows:
Voting In Favor: Members Gizzarelli, Pinelli, Moan, Ruotolo, Steere, and Yoakum
Voting In Opposition: None
Abstaining: Member Colavecchio
The vote on the motion being six in favor with one abstention, the motion carried
The minutes from the October 15, 2020 meeting were reviewed.
Mike Moan stated that he arrived late at the conclusion of the Bombardier discussion and abstained from the vote.
John Steere made a motion, seconded by Curtis Rutolo, to approve the October 15, 2020 Planning Board meeting minutes as amended. The vote on the motion was all in favor and the motion carried.
The minutes from the October 29, 2020 meeting were reviewed.
John Steere made a motion, seconded by Mike Pinelli, to approve the October 29, 2020 Planning Board meeting minutes. The vote on the motion was as follows:
Voting In Favor: Members Gizzarelli, Colavecchio, Pinelli, Moan, Ruotolo, and Steere
Voting In Opposition: None
Abstaining: Member Yoakum
The vote on the motion being six in favor with one abstention, the motion carried.
Minor Subdivision and conversion of a historic barn to 3 residential units. The proposal will require a Use Variance to allow a multi-family use in an R-80 zoning district and dimensional relief for the lots.
AP 49 / Lot 180 – 453 Farnum Pike
4.06 Acres (approx.) / Zoning District: R-80
Applicant/Owner: Eric Yeghian, Vikon Properties
Engineer: Daniel Campbell, P.E., Level Design Group, LLC
a. Review and discuss the proposed submission with the project proponent.
b. The Board may approve the Preliminary Plan as submitted, approve with changes and/or conditions, deny the application, or continue the meeting to a future date.
c. The Board may make a recommendation on the required use variance and dimensional relief.
d. The Board may delegate Final Plan approval to the Administrative Officer.
Attorney John Shekarchi represented the applicant on this request for Preliminary Plan approval of a minor subdivision.
Town Planner Mike Phillips stated that this application came before the Board for a pre-application review in July. Mr. Phillips stated that this is an historic homestead with a detached barn that has an approved septic design for the barn and 3 units. Mr. Phillips stated that there is a need for the applicant to seek a use variance and dimensional relief from the Zoning Board and, at the last meeting, there was input from the Chairman of the Historic Preservation Commission stating that the renovation of the barn would be a reasonable reuse of the barn that would protect it because, otherwise, it may be torn down. Mr. Phillips added that the barn is significant and that it is a goal of the town to preserve historic resources like this.
Attorney John Shekarchi noted that the ISDS and wetlands have been approved by RIDEM.
The Board had concerns that neither the applicant nor his engineer were present to address questions and it was suggested to continue the application.
John Yoakum made a motion, seconded by John Steere, to continue this application to the December 17. 2020 meeting. The vote on the motion was all in favor and the motion carried.
Major Land Development
AP 45 / Lot 18 and AP 46 / Lots 71, 72, 73, 74 & 76
80 Acres (approx.) / Zoning District: PCD / EGO
Applicant/Owner: Rollingwood Acres, Inc.
a. The Board will conduct the project’s annual review.
b. The Board will vote on approval of the extension.
Michael Fowles, Attorney with Michael Kelly’s office, stated that the applicant is in negotiation with developers at present and is unsure when they will be submitting for preliminary plan approval but that this first request for extension is by-right.
John Steere made a motion, seconded by Curtis Ruotolo, to grant extension of master plan approval. The vote on the motion was all in favor and the motion carried.
Comprehensive Permit Application / Major Land Development - Master Plan Review
AP 23/Lot 1 – 95 Farnum Pike
.79 Acres (approx.)/R-20 Zone
Applicant: Farnum Development, LLC
Owner: Homes R Us, LLC – c/o Carlos Quezada
Engineer: Joe Casali Engineering, Inc.
a. Review and discuss the proposed submission with the project proponent.
b. 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.
Nicholas Goodier, Attorney for the applicant, stated that this project was before the Board for pre-application review over the summer and are back tonight requesting master plan approval on this comprehensive permit. Atty. Goodier stated that the proposal is to raze the existing single family home on property to develop 9 multi-family units being more in conformance with the surrounding area and that the project meets with the goals and objectives in the Town’s low to moderate income housing plan.
Mike Moan stated that the Technical Review Committee had a comment from the Town Planner regarding RI Housing and the affordable units being offered at 120% AMI and that he is concerned that the may affect the marketability of those units being that it is not much different from the market rate units. Mr. Phillips stated that he rechecked the number and it is correct and agreed that the higher the price of the LMI unit, the less likely people will buy a deed restricted unit when it is so close to the market rate. Attorney Nicholas Goodier replied that they have met the criteria required by receipt of the letter of eligibility from RI Housing and that the affordability can fluctuate as the market will dictate the price at the point this project is finalized.
Joe Casali, Registered Professional Engineer with offices located at 300 Post Road in Warwick, stated that the parcel is located on a parcel having condominium complexes on either side with a 50’ perimeter wetland, and that proposal is to raze the existing structure and per the Comprehensive Permit ordinance utilize a density of 12 units per acre by providing 50% of LMI units for a total of 9 two bedroom units with 5 LMI units being serviced by a private roadway.
Joe Casali stated that the 5 lmi units are dispersed throughout the development, providing for 32 parking spaces exceeding the requirements, having a sewer easement located at the rear of the property for tie-in and Providence Water is available. Mr. Casali stated that permit approvals will be sought from RIDEM, RIDOT, Sewer Authority, Fire Department, and Narragansett Electric.
Joe Casali stated that they are seeking waivers from the Zoning Ordinance and the Land Development and Subdivision Regulations for a pre-existing, non-conforming multi-family to be allowed in single family zone, for 5 dwelling units to be allowed in the multi-family zone, proposing 9 units per single family zone, to allow 16,000 acres per dwelling unit, needing 125 feet in an R-20 zone, relief from minimum lot area, frontage, and side yard setbacks, for a proposal of 22 feet in roadway width.
Mike Moan questioned the Conservation Commission TRC comment and Attorney Nicholas Goodier replied that the property at one time incorporated developments on the north and south side that were split previously and has nothing to do with the subject property that is before the Board. Attorney Goodier added that there is no covenant restricting development of this lot. Al Gizzarelli stated that he thinks that the comment was concerned with, if this development gets approved, adjacent lots could come back to request further subdivision and Attorney Goodier replied that this project does not preclude anyone from submitting a development plan.
Mike Moan questioned the Conservation Commission TRC comment with regard to algae bloom observed in the pond and also questioned the need for excess parking. Joe Casali replied that treatment of the stormwater will be infiltrated and will not exacerbate the issue with this proposal. Mr. Casali stated that the parking plan was designed without increasing impervious areas and to reduce the number of spaces would be difficult without changing the building or driveway space.
Richard Colavecchio questioned the modern architecture design and Joe Casali replied that they will develop architectural renderings further at the preliminary plan stage. Attorney Nicholas Goodier added that an updated rendering was submitted to the Planner showing garage doors.
Mike Pinelli stated that it looks more like an apartment rather than condominiums and seeking a variance for setbacks will bring the units closer together and questioned what the applicant will be doing for privacy. Joe Casali replied that the project has been designed for rear yard privacy for the new as well as existing owners.
The applicant Scott Ringland, 8 Tristan Court, stated that he emailed a rendering to the Town Planner showing garages, a standing seam copper roof, and bow windows but that he is open to other ideas.
The public hearing was opened at 7:15 p.m.
Patricia Perrino, 93 Farnum Pike, Unit #6 stated that she resides in the abutting complex and they have no privacy right now and questioned how they will propose something with privacy; especially being two bedroom units? Joe Casali replied that they are providing landscaping down the property line. Ms. Perrino stated that she thinks this will take away from the value of their properties and whether the Board has been out to visit the property to see how close all of these developments are. Ms. Perrino questioned whether there is any contamination in the ground and Joe Casali replied that he has found no signs of any hazardous materials in the area.
Cate Gorman, 93 Farnum Pike, Unit #8, stated that they found out there are sink holes on their property and that this is filled land. Ms. Gorman stated that she spoke with a woman whose family owned all of the land from Pond View Apartments to the condos and that this plot of land was not intended to be so narrow and never meant to be for multiple family housing. Scott Ringland replied that he did test holes and it is upon the developer to build properly so that there are no sink holes.
Tania Medeiros, 97 Farnum Pike, Unit #8, stated that original plan was for the 5 LMI units to be located in the front building along Farnum Pike and questioned whether there are any plans to replace the dividing fence between 95 and 97 Farnum Pike? Attorney Nicholas Goodier replied that the LMI units have to be dispersed throughout the development in conformance with the State laws and with regard to the fence that will depend on ownership of the fence but suspects, if it is owned by the developer, it will be updated and enhanced.
Lisa Berard, 97 Farnum Pike, Unit #1, questioned seeing what the front building would look like and Scott Ringland replied that both buildings will be identical. Ms. Berard stated that the waterfront building is going to obstruct her view and doesn’t see how her property value will increase and how low income persons can afford a $270,000 home. Attorney Nicholas Goodier replied that the numbers are provided by RI Housing and due to the flourishing economy and interest rates being so low they established a price of $279,000 for the LMI units and $342,000 for the market rate units. Ms. Berard stated that she is also concerned with overflow parking coming onto their site and privacy at the rear of the units. Attorney Goodier stated that this proposal exceeds town requirements for parking and could look at adding additional parking spaces but this is counter to what the Board members have indicated. With regard to the rear setback, Attorney Goodier stated that 15 feet is dictated by the zoning code and that they are within the building envelope and providing a sophisticated landscaping plan.
Tommy D’Angelo, 4 St. Michael’s Way, stated that that he is concerned with the influx of residents, traffic concerns and what appears to be an urban building.
Katie Thompson, 93 Farnum Pike, Unit #7 questioned the height of the building and Scott Ringland replied that it is presently 38 feet but that they are trying to bring it down more. Ms. Thompson stated that she is also concerned with privacy given the height of this new construction. Scott Ringland stated that the project was designed to give privacy for existing owners and new buyers. Ms. Thompson added that she is also concerned with the traffic in the neighborhood.
Lisa Berard questioned how many units the Town needs to satisfy the 10% affordable requirement and Town Planner Michael Phillips replied that the number will change when the census is released but somewhere in the area of 430 units.
Lance Martin, 93 Farnum Pike, Unit 5 questioned whether any state law addresses encroachment and Attorney Nicholas Goodier replied that there is no encroachment issue but the State statute allows for a density bonus because the development offering LMI units.
There being no further comments from the public, the public hearing was closed at 8:14 p.m.
Mike Pinelli stated that he understands the privacy issue and would like the façade to feel more like Smithfield.
Richard Colavecchio stated that he would hope the applicant addresses the concerns indicated by the Board and abutters.
Curtis Ruotolo stated that traffic is always a concern with every project but it is a safety concern and he would like the applicant to take the privacy of the neighbors into consideration.
John Yoakum stated that more details are coming with the preliminary plan but that the project at this point mirrors the surrounding area.
Mike Moan stated that his concern is the justification for exceeding the minimum parking requirements and privacy.
Curtis Ruotolo made a motion, seconded by John Yoakum, to approve the master plan as submitted incorporating the Planner’s memorandum dated November 5, 2020 indicating that the master plan conditions of approval have been satisfied, all waivers being granted, requesting modification to the plan for additional privacy by landscaping and a building design in better conformance with the surrounding area, and incorporating the findings of fact marked as Exhibit B-1. The vote on the motion was all in favor and the motion carried.
Major Subdivision – Final Plan Review
AP 49 / Lot 24 – Cedar Forest Road
22.85 Acres (approx.) / R-80 Zone
Applicant/Owner: Cedar Forest Associates, LLC
Engineer: Commonwealth Engineers & Consultants, Inc.
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 Richard Colavecchio recused himself from the hearing of this application.
Attorney John Shekarchi represented the applicant and stated that the applicant is in agreement with the recommendations outlined in the memorandum from the Town Planner.
Town Planner Mike Phillips stated that the applicant has agreed to previous conditions for the historic features on the site being protected, granting a right of way to the abutting landowner who was landlocked, deeding 9.4 acres of open space, and is now recommending Final Plan approval be granted without condition.
Mike Moan made a motion, seconded by John Steere, to approve the Final Plan as it meets with the requirements of the Comprehensive Plan and incorporating the Findings of Fact submitted by the Town Planner as Exhibit B-1. The vote on the motion was all in favor and the motion carried.
a. The Board may make a recommendation to the Town Council on the release of the performance bond.
b. The Board may recommend acceptance of the Tameo Lane public improvements.
c. The Board may recommend a maintenance bond amount.
Board Member Curtis Rutolo recused himself from the hearing of this application.
Town Planner Mike Phillips stated that the Board has received a memo from the Town Engineer recommending that the Town Council accept the improvements, release the performance bond, and set a maintenance bond in the amount of $6,300 for a one year maintenance period.
John Yoakum made a motion, seconded by Mike Pinelli, to recommend that the Town Council authorize the release of the bond $63,500, accept the public improvements, putting in place a maintenance bond in the amount of $6,300, and incorporating the Findings of Fact as provided by the Town Planner as Board’s Exhibit #1. The vote on the motion was all in favor and the motion carried.
a. The Board may make a recommendation to the Town Council on the release of the performance bond.
b. The Board may recommend acceptance of the Carlton’s Trail public improvements.
c. The Board may recommend a maintenance bond amount.
Chairman Al Gizzarelli and Curtis Ruotolo recused themselves from the hearing of this application.
Town Planner Mike Phillips stated that the final coat of asphalt was put down recently and one house is still under construction but that the Town Engineer and Public Works Director are recommending acceptance of the public improvements, release of performance bond, and posting of a $5,000 bond for the maintenance period.
John Steere made a motion, seconded by Mike Pinelli, to recommend that the Town Council release the performance bond, accept all public improvements, and setting a maintenance bond in the amount of $5,000. The vote on the motion being all in favor and the motion carried.
John Steere made a motion, seconded by John Yoakum, to adjourn the meeting at 9:00 pm. The vote on the motion was all in favor and the motion carried.
The next meeting is scheduled for Thursday, December 17, 2020.
Respectfully submitted,
Donna A. Corrao, Recording Secretary