| | Town of Smithfield Planning Board64 FARNUM PIKE ESMOND, RHODE ISLAND 02917 April 15, 2021 Virtual Meeting Minutes |
Members Present: Al Gizzarelli, Richard Colavecchio, Mike Pinelli, Mike Moan, Curtis Ruotolo, John Steere, and John Yoakum
Members Absent: Jennifer Hawkins, Ken Orabona
Others Present: Michael Phillips, Town Planner, Scott Levesque, Assistant Town Solicitor
Chairman Al Gizzarelli opened the April 15, 2021 virtual meeting of the Smithfield Planning Board at 6:00 p.m.
MINUTES: Discuss and approve the March 18, 2021 meeting minutes.
Voting In Favor: Members Gizzarelli, Colavecchio, Pinelli, Moan, Ruotolo, and Yoakum
Voting In Opposition: None
Abstaining: Member Steere
The vote on the motion being six in favor with one abstention the motion carried.
Major Land Development – Master Plan Review
AP 48/Lot 51 – 321 George Washington Highway
2.69 Acres (approx.) / Zone: Light Industrial/EGOD
Applicant/Owner: Town of Smithfield/Smile, LLC
Engineer: Crossman Engineering
a. The Board will review and discuss the proposed submission with the project proponent.
b. The Board will conduct a public informational hearing to receive input on the proposed project.
c. The Board may schedule a site visit or, waive the requirement.
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.
e.. The Board may make a recommendation to the Zoning Board of Review on required dimensional relief required for the project.
f. The Board may authorize the Town Planner to prepare a written decision consistent with the Board’s findings of fact and motion for signature by the Chair and subsequent recording.
Brian King, with Crossman Engineering, stated that the site is located on the northeast corner of George Washington Highway and Lydia Ann Road and zoned Light Industrial in an Economic Growth Overlay district. Mr. King stated that the proposal is for a 2 story fire station having a one way in and a one way out onto George Washington Highway. Mr. King stated that the project will be reviewed by DEM for stormwater and wetland approvals and that there are zoning variances required for front yard setback, number of parking spaces, wetland setback, and for parking in the front yard.
David Horton, with Aharonian & Associates Architects, presented a conceptual design for the fire station having 3 bay doors, having a traditional red brick façade, and containing the administrative offices for the department as well as accommodations for the firefighters.
Curtis Ruotolo questioned whether they looked at shifting the building 10 feet to the east which could potentially reduce the need for the front yard variance along George Washington Highway and reduce some of the encroachment on the flood plain as well? Brian King replied that they are trying to keep 15 feet from the side yard in order to minimize grading to allow for the retaining wall but that they can look into whether that is possible.
Town Planner Mike Phillips stated that the Comprehensive Plan points out the need for a fire station in this quadrant, identified as a growth center, and has a high number of Fire Department runs to this area.
The public informational hearing was opened at 6:25 p.m. and there being no one present to speak to this application was promptly closed.
John Yoakum made a motion, seconded by John Steere, to waive the site visit. The vote on the motion was all in favor and the motion carried.
Mike Moan made a motion, seconded by John Steere, to approve the master plan incorporating the Planner’s memo dated April 6, 2021 marked as Board’s Exhibit #1, the Findings of Fact marked as Board’s Exhibit #2, and recommending that the Zoning Board grant the variances from front yard parking spaces required, 100 foot wetland setback, and no parking in the front yard. The vote on the motion was all in favor and the motion carried.
John Steere made a motion, seconded by John Yoakum, to authorize the Town Planner to prepare a written decision for the application. The vote on the motion was all in favor and the motion carried.
Major Land Development – Preliminary Plan Review
AP 50 / Lot 29 - 512 Log Road & AP 50 / Lot 67 - 175 Tarkiln Road
145 Acres (approx.) / R-200 Zone
Applicant: ISM Solar Development, LLC
Owner: William M. Davis, Jr.
Engineer: DiPrete Engineering, David Russo, P.E.
a. The Board will review and discuss the proposed submission with the project proponent.
b. The Board will conduct a public hearing to receive input on the proposed project.
c. 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.
d. The Board may authorize the Town Planner to prepare a written decision consistent with the Board’s findings of fact and motion for signature by the Chair and subsequent recording.
Attorney Tim Kane represented the applicant stating that the project received unanimous master plan approval in May of 2019 but was amended to move the arrays away from Log Road closer to the gravel operation. Attorney Kane stated that the amended plan was approved unanimously in December of 2020 and received Zoning Board approval in January of 2021. Atty. Kane stated that they are working with DEM to correct prior violations on the property and have an agreement for restoration of the wetlands.
Greg Lucini, owner of ISM Solar, stated that he will own the site where the solar array will be located which made it easier to deal with RIDEM to address the past violations.
David Russo, with DiPrete Engineering, reviewed the changes since the master plan approval and stated that the applicant is working with DEM to address environmental concerns, removed a roadway located in the middle of a wetland, and finalizing the wetlands permit. Mr. Russo added that the site will have a security fence having a gate with an emergency lock.
At 6:45 p.m. the public hearing was opened and there being no one present to speak to the application was promptly closed.
John Yoakum made a motion, seconded by John Steere, to approve the preliminary plan incorporating the Town Planner’s memorandum dated April 8, 2021 marked as Board’s Exhibit #1, the Findings of Fact marked as Board’s Exhibit #2, being conditioned on the submission of a RIDEM wetlands permit at final plan, soil erosion approval, being recorded at or prior to the final plan stage, and requesting that final plan approval be done administratively. The vote on the motion was all in favor and the motion carried.
Comprehensive Permit Application / Major Land Development Project
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. The Board will conduct the project’s annual review.
b. The Board will vote on approval of the extension.
John Steere made a motion, seconded by Mike Pinelli, to grant the requested extension of master plan approval for Sand Trace – Phase 1. The vote on the motion was all in favor and the motion carried.
a. The Board will review and discuss the Zone change areas referred to the Board by the Town Council and other parts of the Land Use Chapter as advertised.
b. The Board will conduct a public hearing to receive input from the public on this matter.
c. Board may make a recommendation to the Town Council that amendments be made to sections of the Comprehensive Community Plan including, Figure LU-11 Future Land Use, Land Use Categories, Table LU-4 - Zoning and Land Use Inconsistencies and Figure LU-12 Inconsistencies between Future Land Use and Existing Zoning.
Town Planner Mike Phillips stated that this public hearing is being held on the zone change areas that the Town Council previously referred back to the Board for review.
Planner Phillips reviewed Map ID #’s 11 and 12 on Douglas Pike and along Ridge View Court. Planner Phillips stated that the Board’s consensus at the workshop seemed to be for these lots to stay in the R-80 zone.
Planner Phillips reviewed Map ID #21 along Putnam Pike and Cedar Swamp Road and stated that the lots in this area were proposed to be changed to R-200 and suggested going forward with the zone change as proposed.
Planner Phillips reviewed Map ID #22 and stated the lots were designated to change to R-200 and that he had a conversation with one owner who suggested changing his lot to R-20M but that the Board’s feeling was for this lot to stay in the R-20 zone.
Planner Phillips reviewed Map ID #32 which is the Jaswell’s Farm lot along Swan Road and Baldwin Drive and that his recommendation is to change the portion of lots that front on Swan Road to R-40 and the balance of Jaswell lots will have a land use change from R-80 to R-40.
Planner Phillips reviewed Plat 43, Lot 78 and Plat 46, Lot 171 stated that this area in shown in the Land Use map going over to R-20 but was not on list of inconsistencies and recommended a compromise to the owner a change to R-40 rather than R-20 requiring a land use amendment.
Planner Phillips reviewed Plat 39, Lot 45 stating this is a landlocked lot that abuts Pheasant Ridge Condo and Country Hill Condos and the owner was asking for the area to change to R-Med but that the consensus of the Board was for the lot to stay in the R-20 zone.
The public hearing on Map ID #’s 11, 12, 21, 22, 32, Plat 39, Lot 45, 46/171 and Plat 43, Lot 78 was opened at 7:02 p.m.
Attorney Tim Kane representing Dennis Cesaro who owns Plat 46, Lot 171 Plat 43, Lot 78 and stated that the Future Land Use Map shows these lots going to R-20 but that the existing zoning map is surrounded by R-20 the north and Industrial to the south. Atty. Kane stated that he appreciates the compromise to R-40 but the Future Land Use Map shows the property going to R-20 and this is what is preferred by the owner. Planner Phillips stated that having water and sewer make the lot more developable and that the rest of the neighborhood on this side of the reservoir is R-20 that they can certainly make a case for R-20.
Ken Sousa, 2 Williams Road, questioned are the land use changes that reference LU-11, LU-4 and LU-12 which are not contained within the packet and is concerned that everything should be in the packet. Al Gizzarelli stated that those specific pages are found in the Comprehensive Plan which can be found on the town’s website. Mr. Sousa stated that they are not found in the 88 page packet and doesn’t understand what the Board is voting on. Mr. Sousa questioned whether Plat 46, Lot 230 is being voted on and Planner Phillips replied it is not part of the Board’s discussion tonight.
Brian Powers, 218 Douglas Pike, questioned whether Map ID #12 is moving forward as originally planned and Planner Phillips replied that the consensus was for these lots to stay in the R-80 zone.
Olivia Queenan, 4 Deerhill Drive, questioned whether Map Id #11 is going to remain R-80 and Planner Phillips replied that the small portion along Douglas Pike and Ridge View Court will stay in R-80 and the balance is going to R-40. Mr. Phillips added that the proposal is for the split lot of R-80 and R-Med to go over to all R-Med or R-40 because a lot of the lots are smaller.
There being no one else present to speak to this application the public hearing was closed 7:32 p.m.
John Yoakum made a motion, seconded by Mike Pinelli, to recommend that the Town Council amend the Future Land Use Map in the Comprehensive Plan as discussed this evening, consistent with the public hearing notice and outlined in the Planner’s memo dated April 8, 2021 excluding language regarding Map ID #52, excluding Plat 46, Lot 171 and Plat 43, Lot 78, and in Map ID #32 adding the frontage lots along Swan Road to R-Med and area between Indian Run Trail and Baldwin remain R-20. The vote on the motion being all in favor and the motion carried.
John Yoakum and Al Gizzarelli recused themselves from the public hearing for Map ID #52.
Planner Phillips stated that Map Id #52 proposes a land use change from R-80 to the R-Med zone.
The public hearing was opened at 7:40 p.m.
Ken Sousa, 2 Williams Road, stated that the ordinance is different with regard to having “water or sewer” and “water and sewer”. Solicitor Levesque stated that the definition of medium density residential allows for lots with a minimum land area of 65,000 sq. ft. in areas with no public water or sewer and a minimum land area of 40,000 sq. ft. in areas with public sewer and water. Mr. Sousa questioned whether this zone change will affect his property value and Solicitor Levesque replied that the zone change will make the lot more conforming. Planner Phillips added that the Tax Assessor ran several scenarios and found there is little to no effect on taxes for most people.
Michael Iannotti, 97 Swan Road, stated his concern with his property going from R-80 to R-Med and that there is one definition in the Zoning Ordinance and one substantially different definition for R-Med in the Comprehensive Plan. Solicitor Levesque stated that the court has clearly ruled that the controlling entity, to the extent there is any disagreement between the existing ordinance and comp, is the existing zoning ordinance. Planner Phillips stated there is a disconnect between the Comprehensive Plan and the zoning districts and this is partly because the Comprehensive Plan is a general planning document and the zoning ordinance is a regulation but that this should be looked at more closely.
Kate Leach-Viveiros, 15 Williams Road, questioned why the zoning is being changed and whether it is to get more houses built to get more taxes. Solicitor Levesque replied that the intent was to bring the zoning into consistency with the Land Use Map to be more consistent with the way the lots were developed.
Donna Leclerc, 6 Apple Orchard Lane, questioned what is this going to do to the property value and how to get excluded and Planner Phillips replied the Board looked at excluding those two larger lots but that the bulk of the neighborhood is under two acres and because she is part of that neighborhood her lots were included to be changed to R-Med.
Frank Luca, 127 Swan Road, questioned changes for his area and Planner Phillips proposed to go the R-Med zone with a minimum lot area of 65,000 sq. ft. with no water and sewer.
There being no one further to speak, the public hearing was closed at 8:17 p.m.
Richard Colavecchio made a motion, seconded by Mike Pinelli, to recommend that the Town Council change the Future Land Use Map in the Comprehensive Plan with regard to Map ID #52 as consistent with tonight’s discussion and the public notice. The vote on the motion was all in favor and the motion carried.
a. The Board will review and discuss the Zone change areas referred to the Board by the Town Council. Board may make a recommendation to the Town Council that amendments be made the Zoning Map in compliance with the Comprehensive Community Plan- Future Land Use Map.
Planner Phillips stated that the Board made recommendations on land use areas 11, 12, 21, 22, 32, 52 and need to recommend to the Town Council to proceed with the zoning amendments as proposed minus the areas receiving land use changes; lots on Douglas Pike, Ridge Circle, lots in area 22 staying in the R-20 zone, Map ID #32 changing from R-80 to R-40 with one lot staying in R-20, and proceeding with zone change in Map ID #52 excluding the lots at the end of Williams Road from 82-110, Plat 46, Lot 171 and adjoining Plat 43, Lot 78 changing to R-20.
Solicitor Scott Levesque stated that the lots were sent back to the Board for further discussion and the Board is now requesting the Council change zoning on a subset of properties to remain the way it is designated on the Future Land Use Map. Solicitor Levesque added that the Council needs to change the zoning to make the zoning consistent with the Future Land Use map for the parcels identified above.
Richard Colavecchio made a motion, seconded by Mike Pinelli, to recommend that the Town Council amend the zoning for the identified parcels to be consistent with the Land Use Map. The vote on the motion was all in favor and the motion carried.
John Steere made a motion, seconded by Mike Pinelli, to adjourn the meeting at 8:28 pm. The vote on the motion was all in favor and the motion carried.
The next meeting is scheduled for Thursday, May 20, 2021 at 6:00 p.m.
Respectfully submitted,
Donna Corrao, Recording Secretary