NEW BUSINESS

ALCO PROPERTIES - (ID#: 21-002) PUBLIC HEARING

Major Subdivision – Combined Master & Preliminary Plan Review

AP 48/Lot 4C – 400 George Washington Highway

AP 48/Lot 5 – 34 Rocky Hill Road

9.31 Acres (approx.) / Zoning: HC/EGO District

Applicant: Alco Properties, LLC

Owner: Alco Properties, LLC / Alfred Costantino

Surveyor: Marsh & Long Surveying, Inc.

a.   The Board may vote to combine Master Plan review and Preliminary Plan, waive the public informational meeting and hold a Preliminary Plan public hearing. 

b.   The Board may hold a public informational meeting on the Master Plan.

c.   Review and discuss the proposed submission with the project proponent.

d.   Discuss/schedule a site visit.

e.   Receive input from the public on the proposed submission.

f.    The Board may approve the Combined Master & Preliminary Plan as submitted, approve with changes and/or conditions, deny the application, or continue the meeting to a future date.

g.   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.

h. 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.

Ken Orabona made a motion, seconded by Al Nani, to combine the master plan and preliminary plan review.  The vote on the motion was all in favor and the motion carried.

Attorney Tim Kane, having offices at 625 Putnam Pike in Smithfield, represented the applicant on this request for a two lot subdivision on a 9.3 acre lot currently housing Melvin’s Tire Pro and NRI Self Storage.  Atty. Kane stated that the applicant is seeking to subdivide the property into two lots; one for each business.  Atty. Kane added that it is a straight forward request but because it is in the EGO District it falls into the major subdivision category and is asking for delegation of the Final Plan approval.

Richard Colavecchio questioned where the parking will be located on the subdivided lot and the applicant, Al Costantino of 34 Rocky Hill Road, Smithfield replied that the parking is located to the right of the Tire Pro’s where there is contiguous parking that runs all the way to the gate.

The public hearing was opened at 6:10 p.m. and there being no one present to speak to this application was promptly closed.

Curtis Ruotolo made a motion, seconded by Ken Orabona, to approve the master and preliminary plan as submitted incorporating the memo dated August 12, 2021 from the Town Planner be submitted as Board’s Exhibit #1 and that the Final Plan approval be handled administratively.  The vote on the motion was all in favor and the motion carried.

WHIPPLE ROAD - SLEBODA - (ID#: 21-001) PRE-APPLICATION/CONCEPT REVIEW

Minor Subdivision – Pre-Application/Concept Review

AP 42/Lot 14 – 169 Whipple Road

14.46 Acres (approx.) / 4 Lots / R-80 Zone

Applicant/Owner: Daniel & Susan Sleboda

Engineer: Timothy Behan, P.E. - Commonwealth Engineers & Consultants, Inc.

a.   The Board will review the submission with the applicant and provide input for future review stages.

Solicitor Scott Levesque stated that he recently learned that a prior Zoning Board decision was made involving this lot wherein a recorded condition of the decision is that this lot cannot be further subdivided.  Atty. Levesque stated that this is an enforceable restrictive covenant that runs with the land and that he does not see a way around the chain of title. 

Timothy Behan, Professional Engineer with Commonwealth Engineers of Providence, reviewed the existing site conditions and stated that the applicants are seeking to subdivide the property and that the conventional plan yields four lots.  Mr. Behan noted, however, that the applicants are seeking approval of a conventional design with only 3 lots but are seeking waivers on road width, cul-de-sac slope, lot angles, a waiver to have no curbs, and to allow recycled asphalt versus pavement.

Ken Orabona questioned whether there is any water available for fire protection and Mr. Behan replied that, if the subdivision is approved, they will meet with the Fire Marshall who may require a cistern.

Curtis Ruotolo noted that the wetlands delineation may be mistaken as it differs from one plan to another.

PUBLIC HEARING ON COMPREHENSIVE PLAN AMENDMENT

a.   The Board will conduct a public hearing to receive input from the public on a proposed amendment to Figure LU-11 Future Land Use which will change the land use designation of Assessor’s Plat 47, Lot 34, 115 Mann School Road, from Low Medium Density Residential (LMDR) to Medium Density Residential (MDR).

Town Planner Michael Phillips stated that the land use amendment is associated with the Yoakum subdivision on Mann School Road whose lot is located just outside of recently made land use map amendments.  Mr. Phillips noted that he did envision this property being included and that it is fitting to extend the land use from low medium density residential to medium density residential. 

Attorney Jean Fallago, with offices at 132 Pleasant View Avenue, stated that she represents John and Christine Yoakum who recently received conditional approval of a minor subdivision.

The public hearing was opened at 6:38 p.m. and there being no one present to speak to this application was promptly closed.

Curtis Ruotolo made a motion, seconded by Ken Orabona, to recommend that the Town Council change the land use map from low-medium residential to medium density residential and amend the Zoning Map for this property from R-80 to R-Med.  The vote on the motion was all in favor and the motion carried.

REVIEW PROPOSED AMENDMENTS TO THE ZONING ORDINANCE AMENDMENTS –

Including: Sections 3.9 Building Or Structure Nonconforming By Dimension; 5.3.4-Buffers; 9.4 Economic Growth Overlay District; 12.5 Review Process For The Construction Of Low And Moderate Income (LMI) Housing: 4.3 Table Of Uses; and, 4.4 Supplementary Use Regulations

a.   The Board may vote to recommend that the Town Council adopt all, some or none of the proposed amendments. 

b.   The Board may continue the matter for further discussion at a future meeting.

Town Planner Michael Phillips stated that this is basically a rewriting of the Zoning Ordinance based on recent Comprehensive Plan amendments.

Planner Phillips stated that the proposed amendments to Section 3.9, “Building or Structure Nonconforming by Dimension”, are to address the onerous process for building and structure enlargements on non-conforming lots.  Al Nani made a motion, seconded by Curtis Ruotolo, to recommend that the Town Council approve the Zoning Ordinance amendment with regard to “Building or Structure Non-Conforming By Dimension”.  The vote on the motion was all in favor and the motion carried.

Planner Phillips stated that the proposed amendment to Section 5.3.4, “Buffers”, is in anticipation of RIDEM adopting new wetland regulations that will be removing the ability for cities and towns to have different setbacks from DEM and will, therefore, be removing the Town’s additional 100 foot wetland setback requirement from the Zoning Ordinance.  Curtis Ruotolo made a motion, seconded by Ken Orabona, to recommend that the Town Council approve the Zoning Ordinance amendment with regard to buffers.  The vote on the motion was all in favor and the motion carried.

Planner Phillips stated that the proposed amendments to Section 9.4, “Economic Growth Overlay District”, came about in review of buildings that are not necessarily conforming to the language in the EGO ordinance such as the new fire station.  Mr. Phillips stated that this amendment will allow exemptions to those uses coming in under the underlying zone and not subject them to the design standards of the overlay zone.

Curtis Ruotolo stated that seeing a map that shows what lots could be impacted by this change would be helpful. 

Solicitor Scott Levesque stated that this is just streamlining the process so that applicants don’t need to go to Zoning Board if they don’t really have to and suggested that the Town could perhaps relax the design standards. 

Curtis Ruotolo made a motion, seconded by Al Nani, to continue the proposed Zoning Ordinance amendments on “Economic Growth Overlay District”, “Table of Uses” and “Supplementary Uses” to the next meeting.  The vote on the motion was all in favor and the motion carried.

Planner Phillips stated that the proposed amendments to Section 12.5, “Review Process for Construction of Low and Moderate Income Housing”, provides language that is pretty much right from the Comprehensive Plan and also refines vague areas identified south of Douglas Pike.  Mr. Phillips stated that changes are proposed to applicability, and general conditions, dimensional regulations, architectural standards, and setbacks and buffer requirements.  Jennifer Hawkins stated her concern with applying the requirement for LMI housing be made town-wide.

Ken Orabona made a motion, seconded by Al Nani, to recommend that the Town Council approve the Zoning Ordinance amendment with regard to “Review Process for Construction of Low and Moderate Income Housing”.  The vote on the motion was as follows:

Voting In Favor:  Members Gizzarelli, Colavecchio, Moan, Nani, Orabona, and Ruotolo

Voting In Opposition:  Hawkins

Abstaining:  None

The vote on the motion being six in favor with one in opposition, the motion carried.