OLD BUSINESS

REVIEW PROPOSED AMENDMENTS TO THE ZONING ORDINANCE

Continued from November 17, 2022

Including: 5.11.2 Solar Energy Systems, Section 2 Definitions, 5.11.4 Accessory Solar Energy Systems, 5.11.6 General Requirements 5.11.7 Additional Requirements and 4.3 Table of Uses, D -19 Medium Scale Solar Energy Systems.

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.

Solicitor Scott Levesque stated that Town Planner Michael Phillips changed the threshold to 20,000 square feet for solar energy systems.  Solicitor Levesque added that solar projects in airport areas require an airport overlay zone.

Resident Frank O’Connell stated the Federal Aviation has oversight on solar project impact within 5 miles of an airport.  Mr. O’Connell stated he doesn’t understand why the Town is proposing a cap of 125%.  Mr. O’Connell suggested it making solar projects part of a commercial operation or part of a business and Solicitor Levesque replied there can’t be both a commercial and residential use on a residential lot.

Ken Orabona made a motion, seconded by Charles Boyd, to approve Article 5.11.2 Solar Energy Systems, Section 2 Definitions, 5.11.4 Accessory solar energy systems 5.11.2 Solar Energy Systems, Section 2 Definitions, 5.11.4 Accessory Solar Energy Systems, 5.11.6 General Requirements 5.11.7 Additional Requirements and 4.3 Table of Uses, D -19 Medium Scale Solar Energy Systems. as amended.  The vote on the motion was as follows:

Voting In Favor:  Members Boyd, Colavecchio, Nani, Moan, Orabona, Rotella, and Yoakum

Voting In Opposition:

Abstaining:  Member Gizzarelli

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

NEW BUSINESS

RESIDENCES AT GREENVILLE FARMS - (ID#: 20-08) – PUBLIC HEARING

Comprehensive Permit Application / Major Land Development Project – Master Plan Review

AP 44 / Lot 82 – 89 West Greenville Road

43 Acres / R-80 Zone

Applicant/Owner: West Greenville Road, LLC

Engineer: Garofalo & Associates, Inc.

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 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 John Mancini represented the applicant on a Comprehensive Permit application consisting of 45 duplexes for a total of 90 units.  Attorney Mancini stated they received a Certificate of Completeness for the project and also seeking several variances and waivers.

Sam Hemingway, with Garofalo & Associates, reviewed the development plan set stating there are 27 acres of suitable land for development.  Mr. Hemingway stated they are proposing to develop 8 acres to be serviced by public water and sewer with connections extended from Smith Avenue.  Mr. Hemingway stated the stormwater management will be addressed with two wet vegetative stormwater filter facilities and bioretention facilities.

Sam Hemingway stated the wetlands were delineated by a wetland biologist and they have received verification of wetland edge by RI DEM.  Mr. Hemingway added that they are seeking the least relief necessary for the waivers and variances being requested. Mr. Hemingway stated that they conducted an abbreviated review of traffic conditions and concluded there would be no negative impacts to the surrounding area.  Mr. Hemingway stated they are seeking a physical alteration permit from RIDOT and expect them to require additional information on traffic but that has yet to be determined.  Mr. Hemingway stated that they conducted a cursory analysis on hydrology and the project complies to the state standard with regard to runoff. 

Attorney Mancini stated that they have received a letter of eligibility from RI Housing and the project will provide for 25% affordable units consisting of 2-bedroom and 3-bedroom units.

Charles Boyd stated his concern with traffic and questioned how they are anticipating 42 trips when there are 90 units.  Sam Hemingway replied this type of development distributes vehicles over a longer period of time and 47 vehicles will be expected during the peak time period.  

Michael Moan stated he would like the Board to request a full traffic study and some type of socio-economic report. 

The applicant Richard Baccari, Jr. stated that the project will not go above 80 units in the first phase.  Town Planner Michael Phillips stated that the approval is going to be for 80 units in phase one and there will have to be a subsequent submittal for master plan approval of the remaining units.  Solicitor Scott Levesque added that because of the 1% rule the Board is looking at the entire project and granting master plan approval for phase one only but approving the site plan for the entire project.

Al Gizzarelli stated his concern with egress and the length of the roadway from the entrance to the cul-de-sac.  Attorney John Mancini replied the design meets with the town’s guidelines.

Ken Orabona stated his concern that the LMI units be spread throughout the development.  Mr. Orabona questioned whether any soil studies have been done due to the previous use of the property as an apple orchard?  Richard Baccari, Jr. stated they did an initial study which did not show anything, but they have been asked by the Technical Review Committee to do further studies.

Sam Hemingway stated that the area has water pressure issues and they have initiated the process of analyzing capacity constraints.

At 7:13 p.m. the public hearing was opened.

Janice Ward, 20 Tamarac Drive, stated she is concerned about traffic in the area and the change in the traffic pattern with the Citizens Bank and Amazon facility coming in Johnston.

John Tucker, 79 West Greenville Road, stated that if the project needs 7 waivers and variances, then it is not a good project.  

Ned Cooper, 22 Fanning Lane, stated his concern with water runoff and the stability of the earthen dam.

Gerry Moretti, Orchard Gate Condominiums, stated her concern with turn-around at the lower half of the project and the ability of fire apparatus to maneuver.

Patti Wingate, Orchard Gate Condominiums, questioned the amount of buffer against Orchard Gate’s stonewall and her concern with lighting shed.  Chairman Gizzarelli stated the applicant will have a landscape plan with more details for the next hearing.  Attorney John Mancini stated there is at least a 25-foot setback from the stonewall and they will keep the existing vegetative buffer and if they need to increase that buffer they will do so.

Kathy Lawrence, Orchard Gate Condominiums, stated her concerns with the effect of this development on the wildlife and how close the project is to the Orchard Gate condominiums.

Joe D’Amico, 63 Fanning Lane, stated his concern with traffic with adding an additional 225 parking spaces.  Mr. D’Amico stated he also has concerns with wildlife and wetlands.

Carolyn Sanders, 24 Fanning Lane, stated her concern with traffic.

Ms. Dalomba, 69 West Greenville Road, stated her concern with the additional traffic and loss of privacy. 

Rich Feeley stated that he lives in the neighborhood and that the land is poorly configured for development.  Mr. Feeley added that the developer is using waivers to make it work on land unsuited for it.  Mr. Feeley requested the Board deny the application.

Daniel Germani, 104 Smith Avenue, stated his concerns with traffic and that there was a traffic report taken over a period 14 days in 2021 and 96,659 vehicles traveled in front of his home on Smith Avenue. 

Anthony Duba, Orchard Gate Condominiums, stated his concern with overhead power lines causing cancer and traffic in the area.

Kathy Deluca, Orchard Gate Condominiums, stated her concern with construction equipment impacting the traffic and the duration of construction.  Ms. Deluca stated her concern with the effect of water displacement on the existing and new homes.

Lois Arsenault, Orchard Gate Condominiums, stated her concerns with wetlands, traffic and questioned whether a study has been done on the high-tension lines.

Joe D’Amico, 63 Fanning Lane, stated his concern with 2-3 years of construction vehicles impacting traffic and construction noise.

Maurice Chamberlain, 125 Smith Avenue, stated his concern with the source of fuel the units will be using and thinks this development is a bad idea.

Ann Marie Donahue, 125 Smith Avenue, stated she would prefer 14 single family homes as opposed to 90 units where an apple orchard used to be located.

Denise Delfino, 11 John Street, stated that she would like to see a lesser number of units and is concerned with runoff into the surrounding area.

Thomas Lang, 77 West Greenville Road stated that the project could be done without so many waivers by reducing the number of units.  Mr. Lang stated his concerns with a 25-foot setback from his property and that the Comprehensive Plan has this property designated as low to moderate density.

Jeff Booker, 30 West Greenville Road, stated he understands the applicant is doing a Level 3 Environmental Study and his concern with the former use of the property. 

Frank O’Connell, 37 Lakeside Drive, stated that the problem is with the State and people should complain to their State Representatives.  Mr. O’Connell added that, if the Board denies this project, the developer can appeal to the State and the Board would be overruled.

Anthony Mercurio, Orchard Gate Condominiums, stated his concern with the variances and waivers, traffic, and the buffers.

Barbara O’Neil, Orchard Gate Condominiums, stated this is a terrible project and asked the applicant to consider 14 single family lots.

Attorney John Mancini stated this proposal meets with the requirements of the State law and the Town’s ordinance in Article 12, “Comprehensive Permits”.

Ken Orabona stated that he would like to ask the developer to limit the project to 2 bedrooms.

Charlie Boyd questioned whether the applicant could take it to court if the project is denied?  Solicitor Scott Levesque replied that if the Board denies the project the applicant would go to “SHAB” which is the State Housing Appeals Board for low and moderate income housing projects.  Solicitor Levesque added that the burden would be on the Board to show it hasn’t wrongfully denied the project under the statutory findings the Board is required to make and without sufficient evidence.

Joe Rotella stated that a full traffic study should be asked of the developer and the DEM ground conditions and environmental impact on this project.

Richard Colavecchio suggested the applicant look at increasing the setbacks.

Joe D’Amico, 63 Fanning Lane, stated that it doesn’t make sense that the applicant orders their own traffic study because the one who pays for the study will get the results they want.

Dan Germani, 104 Smith Avenue, stated that he thinks the Town should do its own traffic study.

There being no one further to speak, the public hearing was closed at 9:39 p.m.

Ken Orabona made a motion, seconded by John Yoakum, to approve the Master Plan for Phase 1 and the entire site plan incorporating the conditions and Findings of Facts of the Town Planner’s memo dated November 29, 2022 marked as Board’s Exhibit #1, and additionally being conditions on the requirements of a full traffic study at Preliminary Plan, an independent peer review of the traffic study at the applicant’s expense, an environmental impact study, a fiscal impact study, a conservation easement over the open space, looking at screening , increased buffering to the abutting residences, and 2-bedroom units only, and ensuring the Fire Chief is acceptable to one entrance.  The vote on the motion was all in favor and the motion carried.

HELPING HANDS - (ID#22-06)

Comprehensive Permit Application/Minor Subdivision - Pre-App/Concept Review

AP 25/Lot 133 – 29 Leland Mowry Drive

.81 Acres (approx.)/4 Lots/R-20 Zone

Applicant/Owner: Helping Hands Community Partners, Inc.

Surveyor: Kelly Land Services, Inc. - Patricia A. Kelly, PLS #

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

Robert Sacchetti, with Helping Hands, stated he is here seeking pre-application/concept review for a 4 lot Comprehensive Permit application.  Mr. Sacchetti stated that they are proposing an easement for a water line connection on Leland Mowry Drive.

Town Planner Michael Phillips stated the lots are of comparable size to the surrounding lots.

RUIBIUS THERAPEUTICS - Request for Extension of Master Plan Approval

AP 49 / Lot 78 – 30 Hanton City Road

15.55 Acres (approx.) / PCD-B Zone

Applicant/Owner: Rubius Therapeutics, Inc.

Engineer: Joe Casali Engineering, Inc.

a.     The Board will conduct the project’s annual review.

b.     The Board will vote on approval of the extension.

Bill Lavery, with Joe Casali Engineering, represented the applicant to request a first extension of Master Plan approval granted by the Board on January 21, 2022.

Ken Orabona made a motion, seconded by Michael Moan, to grant the requested extension of master plan approval.  The vote on the motion was all in favor and the motion carried.

Discussion of 2023 Planning Board Meeting Schedule Dates

Ken Orabona made a motion, seconded by Joe Rotella, to approve the 2023 Planning Board meeting schedule as presented.

Ken Orabona made a motion, seconded by Joe Rotella, to adjourn the meeting at 10:15 pm.  The vote on the motion was all in favor and the motion carried.

The next meeting is scheduled for Thursday, January 19, 2023 at 6:00 p.m.

Respectfully submitted,

Donna A. Corrao, Recording Secretary