| | Town of Smithfield Planning Board 64 FARNUM PIKE ESMOND, RHODE ISLAND 02917 August 18, 2022 Virtual Meeting Minutes |
Members Present: Al Gizzarelli, Charles Boyd, Richard Colavecchio, Al Nani, Ken Orabona, Michael Moan, Joseph Rotella, and John Yoakum
Members Absent: Jennifer Hawkins
Others Present: Michael Phillips, Town Planner, Scott Levesque, Assistant Town Solicitor
Chairman Al Gizzarelli opened the August 18, 2022 meeting of the Smithfield Planning Board at 6:00 p.m.
MINUTES: Discuss and approve the July 21, 2022 meeting minutes.
Ken Orabona made a motion, seconded by Al Nani, to approve the Planning Board meeting minutes for July 21, 2022. The vote on the motion was as follows:
Voting In Favor: Members Gizzarelli, Colavecchio, Nani, Orabona, Moan and Yoakum
Voting In Opposition: None
Abstaining: Members Boyd and Rotella
The vote on the motion being six in favor, with two abstentions, the motion carried.
Major Subdivision – Public Informational Meeting
AP 42 / Lot 12 – 170 Whipple Road
40.91 Acres (approx.)/9 Lots / Zone: R-80 (Conservation)
Applicant/Owner: Louie Capital LLC & MAS Capital LLC; CAS Capital LLC & ERS Capital LLC
Engineer: Jeffrey C. Hanson, P.E. – Millstone Engineering, PC
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 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 Andrew Bilodeau, having offices at 1350 Division Road in West Warwick, represented the applicants and stating that the proposal is similar to the development located across the street and that enough information has been submitted for the Board to make a decision. Attorney Bilodeau added that flooding in the area was pre-existing and has not been caused by the applicant and approval of this plan may remedy the issue.
Jeffrey Hanson, Registered Professional Engineer and President of Millstone Engineering, reviewed the project stating there will be 7 market rate units and 2 low-to-moderate units for a total of 9 lots. Mr. Hanson stated the project is proposing 24.5 acres of open space, having adequate access to all lots and meeting all zoning requirements. Mr. Hanson stated that, since the last meeting, they clarified the proximity of the property to Angell Brook which will have no impact on the developability of Lot 9. Mr. Hanson added that they have reviewed the new wetland regulations and is confident they can get the permit for the project as proposed. Mr. Hanson noted that the impact on abutters from drainage and the development of Lots 8 and 9 will have no adverse impacts on the surrounding area.
Brandon Faneuf, President of Ecosystems Solutions located at 100 Centerville Road in Warwick, stated that the major wetland is associated with the West River and is defined as a forested deciduous wetland. Mr. Faneuf added that the wetlands which were delineated did not include Angell Brook as it is clearly located offsite.
Mike Moan questioned whether there were any other alternative conservation designs and Jeff Hanson replied no and stated that the applicant preferred the plan with frontage lots.
Charles Boyd stated that he saw a different plan in the Planner’s office that could alleviate some of the problems. Jeff Hanson stated that was just a concept plan and would involve building a road. Planner Phillips clarified that Mr. Boyd is referring to a plan that he sketched in trying to preserve the fields and that the regulations allow for lots with reduced frontage and private driveways.
The public hearing was opened at 6:28 p.m.
Steve Archambault, 195 Whipple Road, stated that he is a direct abutter and that he submitted a report by Edward Pimental who is unable to be in attendance tonight. Mr. Archambault suggested that the matter could be continued so that the expert witness could testify. Solicitor Scott Levesque advised the Board that the report isn’t signed and problems with authentication and taking Mr. Archambault’s word that this is Mr. Pimental’s document. Solicitor Levesque made a recommendation for the Board to accept the report and mark it as Remonstrant’ s Exhibit #1 and if anyone has questions on it then continue the meeting to have the opportunity to ask questions of the witness.
Attorney Andrew Bilodeau stated that he objects to admission of that document which is not authenticated, do not know the qualifications of the authority who is not here for testimony and is not in agreement with a continuance.
Ken Orabona made a motion, seconded by Charles Boyd, to continue the application to authenticate the documents and to have the witness give his expert testimony.
During discussion on the motion, Solicitor Levesque stated that the time for a decision will expire before the next regular meeting and, unless the applicant will agree to an extension, the application would have to be decided tonight. Solicitor Levesque added that the review period expires on August 25, 2022 which means the Board could continue to a special meeting date before that time.
Ken Orabona withdrew his motion to continue with public comment.
Steve Archambault stated that the Comprehensive Plan speaks to land use, natural resources and conservation, open space and recreation. Mr. Archambault stated that the Town is growing rapidly and farms are disappearing noting that the Land Trust has conservation easements on surrounding properties. Mr. Archambault stated that the area is designated for low density development and referenced the goals and policies of the Comprehensive Community Plan which encourage the community to act to preserve important cultural resources and contiguous natural resources. Mr. Archambault stated that this project does not preserve the rural character or harmonize with natural features of the area. Mr. Archambault stated that that the Comprehensive Plan speaks to preserving heritage landscapes, such as the Whipple Road agricultural area, and need to be part of whatever is rendered here tonight. Mr. Archambault added that the applicant is required to address natural, cultural and recreational resources. Mr. Archambault stated that the primary objective of open space is determining residential placement even if it is in disagreement with the desires of the applicant. Mr. Archambault noted that the yield plans have to be economically viable and that the applicant’s partner stated that to cut the road they would have to widen it.
Steve Archambault stated that the applicant is entitled to a reasonable development where everyone wins but that he asked to meet with the applicants but could not get a meeting and sees no willingness to work with abutters. Mr. Archambault distributed a plan, marked as Remonstrant’s Exhibit #2, and stated that Planner Phillips sketch of a conservation development with a road that goes to the back and preserves the frontage of the road is a better plan. Mr. Archambault stated that the proposed plan does not take into consideration smart conservation development and if stays the way it is the Board should deny it.
Al Gizzarelli questioned whether Mr. Archambault would be amenable to the applicant building one lot across the road from him and Mr. Archambault replied that he would rather have that area completely preserved.
The applicant, Richard Storti, stated that he went back and forth twenty times and Mr. Archambault had no interest in meeting with them. Mr. Storti stated that a lot of statements Mr. Archambault made are inaccurate and everything for this application fits within the parameters of the Town and he has not asked for any variances. Mr. Storti added that they gave easement rights to resolve the water issue, gave 150 feet of frontage and the least impact to density is the plan that is before the Board.
Atty Bilodeau stated that the property was purchased from the Sleboda’s and if they wanted to keep it farmland they should not have sold it. Atty. Bilodeau stated that the alternative plan that the Town Planner put together has 16 lots as opposed to 9 lots that the applicant is proposing. Atty. Bilodeau added that just because Mr. Archambault does not want a property across from his is not a reason to deny the project.
Dan Sleboda, 171 Whipple Road, stated that gravel may cost $100,000 or more for a cul-de-sac and $250,000 to $300,000 for pavement.
Donald Burns, 98 Stillwater Road, stated that 5 of the proposed houses are located in wetlands when there is a lot of dry land available and requested leaving the wetland to nature. Brandon Faneuf, with Ecosystems Solutions, replied that the new RIDEM regulations stripped local restrictions and the proposed houses are in the upland area outside of the wetlands and not within the wetlands themselves.
Al Nani made a motion, seconded by Ken Orabona, to continue the application to a special meeting on September 8, 2022 to request some sort of alternative plan, requesting copies of Mr. Archambault’s emails to the applicant, and encouraging the applicant and neighbors to work together.
During discussion on the motion, Mike Moan referred to a memo to the Board from the Town Planner dated July 14th with recommendations on possible motions, findings, conservation development regulations, and alternative plans. Mr. Moan stated that this is important information when reviewing this application and considering the conservation development ordinance.
The vote on the motion was all in favor and the motion carried.
Major Subdivision – Public Hearing
AP 21 / Lot 38 – 160 Stillwater Road
1.89 Acres (approx.)/3 Lots/Zone: R-20
Applicant/Owner: Robert & Maria Kerwin
Engineer: InSite Engineering Services, LLC.
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 Th
Board member Al Gizzarelli recused himself from the hearing of this application.
Attorney Tim Kane, having offices at 627 Putnam Pike in Greenville, represented the applicant on this request for 3 lot subdivision in the R-20 district, meeting or exceeding minimum area requirements, and being serviced by Town sewer and water. Attorney Kane stated that they are asking for consideration of waiving the impact fee because the cost of a cistern will cost between $10,000 and $20,000 on top of the $6,500 per lot for the impact fee. Attorney Kane noted that the cistern will service other properties on the private road.
Planner Phillips stated that Planning Board has discretion for improvements that go above and beyond to service the public but, in this case, the Fire Department is requiring a cistern. Mr. Phillips stated that, to his knowledge, there have been no waivers granted from impact fees in other instances of requiring a cistern.
John Yoakum stated that it does not seem consistent with the way the Board has done things to waive the impact fees.
The public hearing was opened at 8:00 p.m. and there being no one present to speak to the application was promptly closed.
John Yoakum made a motion, seconded by Al Nani, to approve the application incorporating the Planner’s memo dated August 11, 2022 as Board’s Exhibit 1, the Findings of Facts submitted as Board’s Exhibit #2, being conditioned on utility approvals being submitted at the Final Plan, the required access and other easements be provided for maintenance of drainage facilities, the Final Plan approval being handled administratively, and denying the requested waiver of impact fees. The vote on the motion was all in favor and the motion carried.
Comprehensive Permit Application - Major Land Development
AP 21 / Lot 38 – 160 Stillwater Road
1.89 Acres (approx.) / 3 Lots / Zone: R-20
Applicant/Owner: Robert & Maria Kerwin
Engineer: InSite Engineering Services, LLC.
a. The Board will review the submission with the applicant and provide input for future review stages.
John Yoakum made a motion, seconded by Ken Orabona, to continue this application to the September 15, 2022 Planning Board meeting. The vote on the motion was all in favor and the motion carried.
Including: A new Section titled Article 9.5 Contaminated Groundwater Overlay District
a. The Board may vote to recommend that the Town Council adopt all, some or none of the proposed amendments or may recommend different language for the proposed amendment.
b. The Board may continue the matter for further discussion at a future meeting.
Planner Michael Phillips stated that the Board was distributed a memo from the Town Engineer regarding a proposed Contaminated Groundwater Overlay District to prevent anyone from around the area of the Davis Liquid Chemical Site from installing a well. Planner Phillips stated that the EPA has recommended adoption of the ordinance because any well, if pumped, could affect their remediation efforts.
Ken Orabona made a motion, seconded by Al Nani, to recommend that the Town Council schedule a public hearing and adopt the ordinance. The vote on the motion was all in favor and the motion carried.
Recommendation to the Town Council to award the West Farm Road Repair Services contract to RICON, proceed with work to install street lights as proposed by the Town’s Street Light vendor (Prism) and to utilize bond funds held by the Town for such work.
AP 45/Lot 61 – Clark Road
53.85 Acres (approx.)/20 Proposed lots/R80 Zoning District
Applicants/Owners: Clark Homes, LLC
Surveyor: Michael R. Darveau, PLS
Planner Michael Phillips stated that the Town went out to rebid for the work at Deer Run Estates and received two bids and the Town Engineer is recommending the award go to RICON.
Ken Orabona made a motion, seconded by Al Nani, that the Town Council award RICON the West Farm Road Repair services contract utilizing bond funds posted by O’Hearne Home Development, LLC. The vote on the motion was all in favor and the motion carried.
Nominate and vote upon the election of the following officers:
a. Chair
b. Vice Chair
c. Secretary
Ken Orabona made a motion, seconded by Charles Boyd, to elect Al Gizzarelli for the position of Chairman. The vote on the motion was all in favor and the motion carried.
Richard Colavecchio made a motion, seconded by Mike Moan, to elect John Yoakum for the position of Vice Chairman. The vote on the motion was as follows:
Voting in Favor: Members Yoakum, Moan, and Colavecchio
Voting in Opposition: Members Boyd, Gizzarelli, Nani, Orabona, and Rotella
Abstaining: None
The vote on the motion was three in favor, five in opposition the motion failed.
Joe Rotella made a motion, seconded by Al Nani, to elect Ken Orabona or the position of Vice Chairman. The vote on the motion was as follows:
Voting in Favor: Members Boyd, Gizzarelli, Nani, Orabona, and Rotella
Opposition: Yoakum, Moan, and Colavecchio
Abstaining: None
The vote on the motion was five in favor, with three in opposition the motion carried.
Mike Moan made a motion, seconded by Al Nani, to elect Richard Colavecchio for the position of Secretary. The vote on the motion was all in favor and the motion carried.
Ken Orabona made a motion, seconded by Al Nani, to adjourn the meeting at 8:25 pm. The vote on the motion was all in favor and the motion carried.
The next meeting is scheduled for Thursday, September 15, 2022 at 6:00 p.m.
Respectfully submitted,
Donna A. Corrao, Recording Secretary