| | Town of Smithfield Planning Board 64 FARNUM PIKE ESMOND, RHODE ISLAND 02917 September 17, 2020 Virtual Meeting Minutes |
Members Present: Al Gizzarelli, Mike Moan, Mike Pinelli, Curtis Ruotolo, John Steere, and John Yoakum
Members Absent: Richard Colavecchio, Jennifer Hawkins
Others Present: Michael Phillips, Town Planner, Scott Levesque, Assistant Town Solicitor
Chairman Al Gizzarelli opened the September 17, 2020 virtual meeting of the Smithfield Planning Board at 6:02 p.m.
The minutes from the July 16, 2020 Planning Board meeting were reviewed.
Johns Steere made a motion, seconded by Curtis Ruotolo, to approve the minutes as presented. The vote on the motion was all in favor and the motion carried.
The minutes from the August 6, 2020 Special Planning Board meeting were reviewed.
Mike Pinelli made a motion, seconded by John Steere, to approve the minutes as presented. The vote on the motion was all in favor and the motion carried.
Minor Subdivision – Major Change to a Recorded Plat - Preliminary Plan Review
AP 46 / Lot 5 – 47 Swan Road
1.84 Acres (approx.) / R-80 Zone
Applicant/Owner: Carlo & Barbara Conti
Surveyor: Anthony E. Muscatelli, PLS #1718
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 dimensional variance.
d. The Board may delegate Final Plan approval to the Administrative Officer.
Attorney Jean Fallago, with an office located at 132 Pleasant View Avenue, represented the applicants and stated that they are seeking Preliminary Plan approval of a minor subdivision as well as seeking an advisory opinion on a request for dimensional variance from the Zoning Board for lot size. Attorney Fallago stated that Lot 5 was approved in 2007 with the zoning in place at that time but with the proposed Comprehensive Plan change to R-Med they will have the required frontage and setback requirements.
Al Gizzarelli stated that his understanding is that the zoning overrides the Comprehensive Plan. Solicitor Scott Levesque stated that recent litigation resulted in the determination that existing zoning still controls even when the Comprehensive Plan dictates different zoning and that the applicants are seeking dimensional relief for that reason.
Mike Moan questioned when the Town will be rezoning this quadrant and Mike Phillips replied that this will be one of the first zone changes to be done and hopes to begin by the first of the year.
Curtis Rutolo questioned whether the Planner had any concerns with the requested setbacks and Town Planner Mike Phillips replied that it is not really a true corner lot. Anthony Muscatelli, Professional Land Surveyor with International Mapping & Survey, stated that he viewed new lot as having two sides and two front lots.
The public hearing was opened at 6:19 p.m. and there being no one present to speak to this application was promptly closed.
Mike Pinelli made a motion, seconded by John Steere, to approve the Preliminary Plan and incorporating the Town Planner’s memo dated September 9, 2020, recommending that the Zoning Board issue the dimensional variance, and delegating Final Plan approval to the administrative officer. The vote on the motion was five in favor with one in opposition and the motion carried.
The Planning Board will review this project sitting as the “Local Review Board”, in accordance with R.I.G.L. §45-53-3(8), R.I.G.L. §45-53-4 and Zoning Ordinance §12.5. The Property is listed as Map ID# 33 in the Comprehensive Community Plan - Table H-25 Selected Properties for the Construction of Low and Moderate Income Housing
Major Land Development Project – Final Plan Review
AP 32 - Lots 8 & 30 / 190-192 Old County Road
20.99 Acres / Zone: R-MED
Applicant: Old County Village, LLC.
Owner: Shawn A. Jorde
Engineer: Joe Casali Engineering, 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.
Attorney Joelle Rocha represented the owner and applicant on this request for Final Plan approval of a Comprehensive Permit application. Atty. Rocha stated that they have obtained all state approvals; RIDEM and RIDOT PAP, and soil erosion approval from the Town. Atty. Rocha stated that they have submitted a homeowner’s association agreement and that there have been no changes to the maintenance of drainage structures as well as open space. Atty. Rocha stated that there is a restricted covenant on the open space and a monitoring agent to monitor compliance for the 20 LMI units. Atty. Rocha added that deed restrictions will not be recorded until the units are sold, offsite improvements are being proposed to be done at 80% buildout, and the condition of approval with respect to blasting will be adhered to.
Joe Casali, Professional Engineer with Joe Casali Engineering located at 300 Post Road in Warwick, stated that the project has a total of 79 units with 22 duplexes and 35 single units. Mr. Casali stated that, as previously requested by the Board, they petitioned RIDOT for a crosswalk which was denied. Mr. Casali stated that there were minor changes to the plan with regard to drainage whereby they alleviated one long run and instead installed a fourth small basin.
Joe Casali stated that he is seeking clarification on the request for installation of perimeter fencing and Curtis Ruotolo replied that this request was made for abutters along the southern property line at the location of both retaining walls. Mr. Ruotolo requested a 6 foot black vinyl chain link fence to be installed from swamp to swamp.
Joe Casali stated that he is seeking clarification on the walking trail and Curtis Ruotolo replied that the walking trail is for the benefit of the residents and suggested moving the walking trail away from residences in the back and moving it to the north. Mike Pinelli questioned whether the walking trail is for public use and Joe Casali replied that it is just for the residents of the association.
Mike Moan questioned which RIDOT warrant was not met for the crosswalk request and Joe Casali replied that there is a policy of DOT to eliminate an abundance of crosswalks within their right of ways because they are a liability issue and the application did not meet warrant for a crosswalk signal.
Town Planner Mike Phillips stated that he recalled a request to move the stop bar at Old County Road and Farnum Pike and Joe Casali replied that they did commit to moving the stop bar and that still stands.
John Yoakum made a motion, seconded by John Steere, to approve the Final Plan incorporating the Town Planner’s memo with conditions dated September 10, 2020 marked as Board’ Exhibit A, the Findings of Fact submitted as Board’s Exhibit B, being conditioned on notification of abutters in a radius of 500 feet via certified mail and placing an ad in the Valley Breeze regarding blasting, offsite traffic improvements implemented as shown on the plan at 80% buildout and with the posting of bond or no further building permits will be issued, and installation of a 6 foot black vinyl fence with critter crossing from swamp to swamp. The vote on the motion being all in favor and 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.
Curtis Ruotolo made a motion, seconded by John Steere, to grant a continuance to the October 15, 2020 meeting at the applicant’s request. The vote on the motion was all in favor and the motion carried.
Major Land Development – Pre-Application/Concept Review
AP 49 / Lot 78 – 30 Hanton City Road
15.55 Acres (approx.) / Zoning District: PCD-B
Applicant/Owner: Rubius Therapeutics, Inc.
Engineer: Joe Casali Engineering, Inc.
a. The Board will review the submission with the applicant and provide input for future review stages.
Curtis Ruotolo made a motion, seconded by Mike Pinelli, to grant a continuance to the October 15, 2020 meeting at the applicant’s request. The vote on the motion was all in favor and the motion carried.
Mike Pinelli made a motion, seconded by John Steere, to adjourn the meeting at 7:10 pm. The vote on the motion was all in favor and the motion carried.
The next meeting is scheduled for Thursday, October 15, 2020 at 6:00 p.m.
Respectfully submitted,
Donna A. Corrao, Recording Secretary