MINUTES:

Discuss and approve the September 16, 2021 meeting minutes.

John Yoakum made a motion, seconded by Mike Moan, to approve the Planning Board meeting minutes of September 16, 2021 as written. The vote on the motion is as follows:

Voting in Favor: Members Ruotolo, Colavecchio, Moan, Yoakum

Voting in Opposition: None

Abstaining: Pinelli

The vote on the motion failed as there was no quorum. The minutes will be tabled to the next meeting.

Member Jennifer Hawkins arrived at 6:18 pm.

John Yoakum made a motion, seconded by Michael Moan, to move the Sand Trace Phase I, II, & III Public Hearing to the first item on the agenda. The vote on the motion is as follows:

Voting in Favor: Members Ruotolo, Colavecchio, Moan, Yoakum, Hawkins and Pinelli

Voting in Opposition: None

Abstaining: None

The vote on the motion was all in favor and the motion passed.

THE SAND TRACE PHASE I, II & III - PUBLIC HEARING

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.

Michael Phillips advised that he received a letter from the applicant requesting a continuance. This agenda item will be continued to the November 15, 2021 meeting.

Michael Moan made a motion, seconded by Richard Colavecchio, to continue the Sand Trace Phase I, II & III Public Hearing to the November 15, 2021 meeting. The vote on the motion was as follows:

Voting in Favor: Members Ruotolo, Colavecchio, Moan, Yoakum, Hawkins and Pinelli

Voting in Opposition: None

Abstaining: None

The vote on the motion was all in favor and the motion passed.

John Yoakum made a motion, seconded by Richard Colavecchio, to move agenda item #2 Sleboda Subdivision – Information Meeting to the next item on the agenda. The vote on the motion is as follows:

Voting in Favor: Members Ruotolo, Colavecchio, Moan, Yoakum, Hawkins and Pinelli

Voting in Opposition: None

Abstaining: None

The vote on the motion was all in favor and the motion passed.

SLEBODA SUBDIVISION – INFORMATIONAL MEETING

Major Subdivision – Master Plan Review AP 42 / Lot 14 – 169 Whipple Road

14.76  Acres (approx.) / 3 Lots / Zone: R-80 Applicant / Owner: Daniel & Susan Sleboda

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

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 the applicant’s request to amendment the Zoning Board’s resolution.

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.

Jon Restivo, Esq. from Darrow Everett LLP stated that he represents the owners, Daniel and Susan Sleboda who are seeking a Major Subdivision of AP 42 Lot 14, 169 Whipple Road. He advised that there were some concerns with the Zoning restrictions prohibiting further subdivision when this lot was subdivided twenty years ago. He advised that they are petitioning the Zoning Board to ask that the restriction be lifted. Attorney Restivo stated that he is seeking conditional Master Plan approval asking that the subdivision condition be lifted and for the approval of a number of waivers. He advised that there is considerable amount of space for the development to provide the Sleboda’s three children to live there.

Timothy Behan, P.E. of Commonwealth Engineers and Consultants, Inc. presented the proposal for the subdivision. He stated that RIDEM verified the Wetland Edge and that the Sleboda’s are seeking a waiver proposing the cul-de-sac slope be at 4% instead of a 1% slope. He advised that the subdivision standards states it should not exceed a 1% slope, which is extremely flat explaining that the 4% slope is still a very mild slope and that it was coordinated with the Fire Marshal and Town Engineer, Kevin Cleary. He stated that the Sleboda’s are seeking waivers for the street width of the road to be 20 feet instead of 30 feet and to use recycled asphalt instead of conventional asphalt paving adding that it will be a private road with a shared driveway, waiving any curbs. Mr. Behan stated that the Sleboda’s are asking for a waiver to create new lot lines in the subdivision with no interior angels greater than 200 degrees. He advised that the list of the waivers are included in the front page of the plan set.

Jennifer Hawkins questioned what changes were made since it was reviewed by the Planning Board in August 2021 and Mr. Behan advised that the only change was the Wetland Edge was verified by the surveyor, noting that it was not previously.

Kathy DeLuca questioned how the engineers came up with 4% instead of a 1% slope. Mr. Behan explained the slope of the property and the drainage of the site advising that a 1% slope is not needed.

Attorney, Scott Levesque stated that there is a restrictive covenant on the property that there can be no further subdivision, which was put in place by the Zoning Board. He advised that in order to grant the Master Plan approval, two conditions would need to happen. He recommends that conditional approval be contingent on the Zoning Board removing the no further subdivision restriction and the second is that all property owners who benefited from this restriction sign and record releases of the restrictive covenant and that the property owner obtain and record these releases in the chain of title based upon the Court’s decision in Ashley vs Kehew, 992 A.2d 983, a Rhode Island Supreme Court decision. Mr. Levesque stated that upon review of the minutes and any other documentation of thee prior proceedings before the zoning board when the restrictive covenant was set, he couldn’t find a reason as to why there was a restriction placed on the property.

KNOWLLWOOD BUILDING CORPORATION - EXTENSION OF CEDAR FOREST ROAD

Major Land Development – Master Plan Review – INFORMATIONAL MEETING

AP 49 / Lot 24 & AP 50 / Lot 52 – Cedar Forest Road 41 Acres (approx.) / Zone: R-80

Applicant: Knollwood Building Corporation – Richard Marcello Owner: Cedar Forest Associates & Pendar Realty I, LLC Engineer: Principe Company, Inc.

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.

Richard Colavecchio recused himself.

Stephen Angell, Esquire of 926 Park Ave Cranston, RI stated that he was filling in for Mr. Igliozzi and distributed to the Planning Board Members the proposed subdivision and history of the property which was marked as Applicant’s Exhibit 1.

Mr. Angell advised that Mr. Marcello seeks road frontage relief in order to extend Cedar Forest Road to the Pendar Realty property (Plat 24 Lot 52) which is landlocked. Mr. Angell stated that presently, the road is 75 to 80 feet short of the property. He advised that this extension will be to create two driveways for two proposed houses to be built, one on each lot. Stephen Angell stated that Mr. Marcello is basically granting an easement to themselves.

Richard Marcello stated that AP 49 Lot 24 was the site of a seven lot subdivision called Cedar Forrest Estates, but the subdivision lapsed and did not go forward. He advised that he purchased the 20 acre parcel and seeks to extend the road. Mr. Marcello advised that he owns the abutting Pendar Realty property (Plat 49 lot 52) and is seeking to extend Cedar Forest Road creating two long driveways in order to build two proposed houses.

Mike Phillips stated that the subdivision was never completed or recorded so it is now considered two lots.  

Mike Moan questioned if other houses would be proposed as it’s a large property and Stephen Angell clarified that there would only be two houses.

Curtis Ruotolo questioned how the cul de sac would operate when extending the private road 26 feet wide to the property line asking if it would be considered a public turnaround. Richard Marcello stated that this was discussed with the Town Engineer and Fire Department and it would be offered as an emergency fire turn around only, explaining that the Town engineer stated it should be a 26 foot wide road and a small shoulder of 15 feet for snow removal.

Scott Levesque stated that for the record, the project plans are extending the public road to the property line and to be clear that extension would be part of the public road. They are not using the public road to make their driveway.

Mike moan questioned the potential disturbance of the stone archeological features, but was advised that they will be out of the engineering area and will have no disturbance. 

Scott Levesque stated that if the Planning Board grants Master Plan approval three waivers and two conditions would need to occur.

Receive required frontage variance and satisfaction easement for purposes of snow removal.

Curtis Ruotolo opened the informational hearing at 7:08 pm and there being no one present to speak to this application, it was promptly closed.

Mike Pinelli made a motion, seconded by Jennifer Hawkins, to accept the memo prepared by the Town Planner, the Master Plan submission and supporting documents into the record of the meeting and grant Master Plan approval for the proposed land development with the requested waiver for road width and with the following condition that the applicant receive the required frontage variance (s) for the existing lots. The vote on the motion is as follows: 

Voting in Favor: Members Ruotolo, Moan, Yoakum, Hawkins and Pinelli

Voting in Opposition: None

Abstaining: None

Recused: Colavecchio

REGULAR AGENDA

OLD BUSINESS

PUBLIC HEARING ON COMPREHENSIVE PLAN AMENDMENTS

The proposed amendment involves changes to the Land Use and Economic Development chapters of the plan. Specifically, the description of the Planned Corporate District (PCD) in these chapters will be amended, references to the Planned Corporate District –B (PCDB) will be eliminated throughout the plan. The description of Economic Growth Overlay district will also be amended and new action items will be added in the Goals, Policies and Actions section of the Land Use and Economic Development chapters.

a.      The Board will conduct a public hearing on the proposed amendments.

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

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

Richard Colavecchio returned to the meeting at 7:10 pm.

Curtis Ruotolo opened the Public Hearing at 7:10 pm and there being no one present to speak to this application it was promptly closed.

The Planning Board reviewed the proposed amendment involving changes to the Land Use and Economic Development chapters of the plan.

Mike Moan made a motion, seconded by Mike Pinelli to recommend to the Town Council to adopt the proposed attached amendments as prepared by the Town Planner. The vote on the motion is as follows:

Voting in Favor: Members Ruotolo, Moan, Yoakum, Colavecchio, Hawkins and Pinelli

Voting in Opposition: None

Abstaining: None

REVIEW PROPOSED AMENDMENTS TO THE ZONING ORDINANCE

Including: 5.5.7. Accessory Structures, 9.4 Economic Growth Overlay District - 9.4.4. Applicability, 9.4.9 Architectural Standards, H. Industrial & Institutional Design Standards, 9.4.16. Landscaping and Screening Standards, Section 4.4 Supplementary Use Regulations including: J-1A.Manufacture of Drugs and Pharmaceuticals, H-2. Wholesale Business & Storage and G-26. Communication Antenna(s), 4.3 Table of Uses.

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.

The Planning Board reviewed the Proposed Zoning Amendments as described by Town Planner, Michael Phillips.

Jennifer Hawkins made a motion, seconded by Mike Pinelli, to accept the attached Proposed Zoning Amendments as described by the Town Planner and adopted by the Town Council. The vote on the motion is as follows: