MINUTES:

Discuss and approve the September 16, 2021 meeting minutes.

John Yoakum made a motion, seconded by Ken Orabona, to approve the Planning Board meeting minutes for September 16, 2021.  The vote on the motion was as follows:

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

Voting In Opposition:  None

Abstaining:  Member Pinelli

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

OLD BUSINESS

THE SAND TRACE PHASE I, II & III - PUBLIC HEARING – Continued from 10.21.21

Comprehensive Permit Application / Major Land Development - Preliminary Plan Review

AP 46 / Lot 10 – 8 Mann School Road and Log Road

54.95 Acres / 1 Lot / R-80 Zone

Applicant/Owner: Sand Trace, LLC

Engineer: Christopher Duhamel, P.E. - DiPrete Engineering

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 William Landry, with Blish and Cavanagh, represented the applicant and reviewed the project stating that the site is 50 acres with 14 acres being wetlands.  Attorney Landry stated that the Phase I Master Plan approval was received in April of 2019 for 60 units located in 16 buildings, Phase II Master Plan approval was received in January of 2021 also for 60 units located in 16 buildings, and Phase III Master Plan approval was received in March of 2021 for 20 units.  Attorney Landry stated that the site will have 40 affordable units distributed throughout the area and will have one entrance off of Log Road with a gated access on Mann School Road to be used only for emergency use. 

Attorney Landry stated that the Board made findings at all three phases of Master Plan approval that the proposed development is consistent with Town’s needs as designated in the Comprehensive Plan, in compliance with Smithfield Zoning Ordinance, that the LMI units be integrated throughout the development, compatible with market rate units, and built simultaneously with the market rate units, having no negative environmental impacts, that the subdivision will not create lots so that building upon them would be impractical, having adequate and physical access to a public street, and providing for safe circulation of pedestrian and vehicular traffic.

Attorney Landry stated that there has been refinement of the traffic issue and that the applicant designed a dedicated turn lane for the intersection at Log Road and Pleasant View Avenue but that RIDOT has determined that the intersection does not meet warrants for accelerated traffic control measures at this time.

Attorney Landry stated that his client agreed to have Paul Bannon with Beta Engineering recheck traffic counts in the fall of this year and his client has also made a commitment to pay an additional impact fee in the amount of $50,000 to specifically assist in the design of some type of traffic control measure at the intersection of Log Road and Pleasant View Avenue.

Attorney Landry stated that utility interruptions make it infeasible for a private developer to install sidewalks on Log Road to Pleasant View Avenue but that the applicant has agreed to extend sidewalks from the development to the property line and will contribute an extra impact fee of $30,000 towards the design of whatever is needed for the Town to install sidewalks on Log Road.

A site plan was distributed to the Board and marked as Applicant’s Exhibit A.

Audi Osgood, Professional Engineer with Diprete Engineering, reviewed the site plan and stated that they are proposing to connect to the existing sewer and water mains and that DEM has had no comments of substance on their design.  Mr. Osgood stated that they have received DEM approval for stormwater runoff and soil erosion and sediment controls approval.  Mr. Osgood stated that the project will be developed in 3 phases and having 3 phases of soil erosion.  Mr. Osgood stated that the project will have 4,000 linear feet of roadway and that the final grading will be subject to evolve with the site conditions.  Mr. Osgood reviewed the stormwater discharge plan and stated that there are no significant negative environmental impacts resulting from this development.  Mr. Osgood stated that they have received DEM approval, approval of the overall design by Greenville Water, Soil Erosion approval, and that no further permits are needed for this development.

Paul Bannon, with BETA Group, stated that he reviewed the latest traffic counts and potential improvements at the intersection of Log Road and Pleasant View Avenue.  Mr. Bannon stated that RIDOT indicated that the intersection should be looked at again after Phase III is completed.  Mr. Bannon added that extensive traffic studies were done in 2018 and that he reviewed peak conditions today and found 20-60 vehicles in the peak hour which remains valid with the previous conclusions.

Jim Almonte, Registered Landscape Architect with Land Design Collaborative, reviewed the landscape renderings of the site and stated that the entrance will be ornamentally landscaped and having an evergreen buffer along the adjacent automotive shop.  Mr. Almonte stated that the median along the roadway will be landscaped with perennials and shrubs, are proposing trees between the driveways along the units, and evergreens will be planted along the perimeter of the property. 

Jim Almonte stated that the lighting plan provides for lighting at the entrance, visitor parking spaces, intersection of roadways, and scattered throughout the development.

Mike Phillips questioned plantings along the slopes and Jim Almonte replied that anything having over 2:1 slopes will have erosion matting and anything less would be naturally vegetated.  Audi Osgood noted that some of the 2:1 slopes are part of the development area and not necessarily allowed to revegetate so close to the buildings and the he will revisit this.  Mr. Phillips questioned the plantings along the pond and Mr. Almonte replied that was a separate filing previously approved by DEM.

The applicant, Frank Simonelli II, reviewed the floor plans of the units and stated that they have been working on how the LMI units will work with the market rate units.  Mr. Simonelli stated that the two interior units have 1,700+ square feet with a single family garage and the end units are larger and can have different elevations to avoid cookie cutter units.  Mr. Simonelli noted that the building envelopes are specked out at 120 feet but most of the units are 90 feet which will allow for more elbow room between the building units.  Mr. Simonelli added that they have attempted to eliminate areas that could be turned into third bedrooms through shortened loft space with open railings to avoid the potential for another bedroom.

The public hearing was opened at 7:17 p.m.

Cyndi Mulvey, 17 Waterview Drive, stated that the Zoning Ordinance reads that a comprehensive permit should be in conformance with the current Comprehensive Plan and this project, if approved, will not be in conformance with the current plan.  Ms. Mulvey asked the Board to discuss what would go on if Bryant students were to live in these multi-level condos as opposed to empty nesters who would prefer single level condos.  Ms. Mulvey addressed her concern with greater public service demands and that lack of monitoring with the non-owner model of occupancy leads to higher crime rates.  Ms. Mulvey noted that there are inconsistencies in this plan and the housing projections were based on the 2010 census; not 2020.  Ms. Mulvey also referred to the environmental impact report and the noise and dust potential and that it is common knowledge that this was a dumping site and concerned about the Woonasquatucket River being contaminated with wind born contamination. Ms. Mulvey stated her concerns with pounding and blasting and questioned where the aquifers are located.  Ms. Mulvey stated that she has an ecological concern with carbon loads as a result of the increase in traffic congestion.  Ms. Mulvey stated her opinion that the builder is doing the minimum and the solution to these questions is to revert the property back to R-80 zoning for a 14-16 single family neighborhood.  Solicitor Scott Levesque stated that, under State law, the applicant is vested at the time the master plan submission is certified as complete and the Comprehensive Plan in place at that time.

Michael Iannotti, 97 Swan Road, stated that he was surprised that Mr. Bannon saw no recent changes in traffic patterns and that traffic has increased substantially on Pleasant View Avenue with the combination of two schools into one.  Mr. Iannotti stated that he is concerned with the effect on wildlife with the forested area being reduced and the impacts from this need to be considered.  Mr. Iannotti questioned whether blasting will be required during construction, whether there are any planned restrictions on renting the units, and whether public transportation is available for LMI units.

Don Brown, 17 Russell Lane, stated that his concern with the design of the roadways cutting off emergency access and requested tying the two roadways together so everyone has access if they need it.

Alicia Lehrer, Executive Director of the Woonasquatucket River Watershed Council (WRWC), stated her concern with nutrient pollution and that the Town has had issues with cyanobacteria growth in the past two years.  Ms. Lehrer stated that this development will add both nutrients and bacteria to these already impacted waters.  Ms. Lehrer stated that the WRWC has partnered with the Town to develop a watershed wide flood mitigation project and any development like Sand Trace that does not capture or transfer water off site is a step in the wrong direction.  Ms. Lehrer stated that she would like to see improved water access and that they work to increase access to the ponds and Smithfield’s amazing water resources and that Sand Trace, as proposed, limits access to Stillwater Pond.  Ms. Lehrer recommended adding buffers, engineered stormwater trees to decrease pollution, mitigate runoff to Stillwater Pond, and having all developments increase public access to the ponds within the public green right of ways.  Ms. Lehrer submitted a letter marked as Remonstrant’s Exhibit #1.

Donald Burns, 98 Stillwater Road, questioned whether there is more than sand or asbestos on the site and Frank Simonelli replied there is no asbestos and stated that Mrs. Mulvey brought the issue up at the last meeting.  Mr. Simonelli added that the area has been re-vegetated with a vegetated mix that RIDEM specked out.  Mr. Burns stated that there is no access to the open space and requested future access with a roadway to the Town’s open space. 

Attorney William Landry addressed the public comments and stated that the proposal is consistent with Town’s needs as designated in the Comprehensive Plan and Affordable Housing Plan.  Attorney Landry stated that there is no contamination on the site and the idea of asbestos blowing in the wind is ungrounded.  Attorney Landry stated that they are required to designate a monitoring agent for this project and student housing is not an approved type of housing for low-to-moderate income occupancies.  Attorney Landry stated that the traffic analysis conducted by Mr. Bannon actually showed counts less than they were in 2018.  Attorney Landry stated that there are no septic systems which would contribute to nutrient loading on the site and that the homeowner docs will require organic fertilizer and pet waste containers onsite.  Alicia Lehrer stated that they are most frequently dealing with phosphorus from places where people park and this is the biggest improvement that can be made.

Attorney Landry stated that, with regard to flooding, there are water quality controls as part of the stormwater management plan that has passed DEM scrutiny and that no public access to the pond is being diminished.  Attorney Landry stated, with regard to a connection of roads and the suggestion the configuration is unsafe, that the Fire department has reviewed this project.  Paul Bannon added that this is a typical roadway design with a 26 feet wide roadway width which will be able to provide access and that the design is safe as proposed.  Frank Simonelli noted that he met with the Fire Chief and Fire Marshal whose only request was that an emergency access be provided.

Attorney Landry stated that blasting is governed by State law and that, if blasting is required, they will have to have a pre-blast survey conducted.

Cheryl Iannotti, 97 Swan Road, stated that there is a traffic issue on Pleasant View Avenue because of the schools which has been recognized by the Town Manager.

Attorney William Landry submitted Beta Bannon report as Applicant’s Exhibit B

There being no one else present to speak to this application, the public hearing was closed at 8:17 p.m.

Ken Orabona stated that the applicant has done due diligence to meet the town requirements.

Al Gizzarelli questioned whether there is money put aside for a culvert and what happens to the money if it is never done and Town Planner Phillips replied that if the culvert has to be extended, they agreed they would help out with that but there was no monetary value stated.  Mr. Gizzarelli questioned whether additional impact fees will go in with the rest of the impact fees and Solicitor Scott Levesque replied that one of the conditions of approval is a maximum contribution of $50,000 to design and construct additional improvements if deemed unnecessary after ten years.  Solicitor Levesque added that any unused funds will be used to mitigate any impacted areas at the discretion of the Town.

Curtis Ruotolo stated that the applicant has addressed all of the Board’s concerns and have gone above and beyond.

Mike Pinelli stated that the applicant did a great job taking input from the public and incorporating that into their plans.  Mr. Pinelli added that he shares concerns about the traffic and, as this gets developed, believes there will be more problems and would like to see the second traffic study done sooner rather than later.

Solicitor Scott Levesque stated that the Town Planner has provided a memorandum dated October 18, 2021 including comments and recommendations to be marked as Board’s Exhibit A.  Solicitor Levesque stated that this memorandum was updated on November 12, 2021 and marked as Board’s Exhibit B.  Solicitor Levesque stated that the Findings of Fact and Conditions of Approval will be marked as Board’s Exhibit C but requested modifying the first two conditions of approval; the first for the $50,000 to be provided at commencement of the project and the second for the 10 year period to start at commencement of the project.  Solicitor Levesque stated that he would recommend the addition of a condition for the applicant to explore the possibility of phosphorus plantings as suggested by the Woonasquatucket River Watershed Council.

Curtis Ruotolo made a motion, seconded by Ken Orabona, to approve the Preliminary Plan for all 3 phases incorporating the Town Planner’s memo originally dated October 18, 2021 and updated on November 12, 2021, the Findings of Fact and Conditions of Approval modifying the first two conditions of approval that the $50,000 be provided at commencement of the project for a 10 year period starting at commencement of the project, further being conditioned that the applicant explore the possibility of phosphorus plantings as requested by the Woonasquatucket River Watershed Council, and delegating the writing of the Preliminary Plan decision to the Town Planner.  The vote on the motion was all in favor and the motion carried.

Ken Orabona made a motion, seconded by Curtis Ruotolo, 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, December 16, 2021 at 6:00 p.m.

Respectfully submitted,

Donna A. Corrao, Recording Secretary