NEW BUSINESS

WHIPPLE WOODS (ID#: 22-03) MASTER PLAN REVIEW

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.

Jeffrey Hanson, President of Millstone Engineering, stated that the project is located on 40.9 acres zoned R-80 on Whipple Road and the applicant is proposing 9 conservation lots to be serviced by onsite wastewater treatment systems and private wells.  Mr. Hanson stated that all lots will have a minimum of 30,000 square feet and seven (7) will be market rate and two (2) will be low-to-moderate income lots.  Mr. Hanson added that there is 17.2 acres of open space which will abut property owned by the Smithfield Land Trust. 

Mr. Hanson addressed the TRC comments and stated that the applicant will work with the Fire Department for fire protection, Public Works to consider land dedication along Lot 9 for potential land improvements, the Town Engineer to provide an assessment of drainage patterns along the roadway, and the Land Trust and Conservation Commission to provide suitable access between Lots 3 and 4 to the open space.  Mr. Hanson added that the Town Planner requested additional measures on Lots 8 and 9 to preserve field views along the corridor and that they would propose a 150 foot no build buffer along Whipple Road.

John Yoakum questioned what direction water runs on the property and Jeffrey Hanson replied that it flows from the west side of the property to the West River to the east and then to the wetland.

The informational hearing was opened at 6:11 p.m.

Steven Archambault, 199 Whipple Road, stated that he lives directly across from the subject property and submitted photographs #1-10 marked as Remonstrants #1.  Mr. Archambault stated that the proposal is reasonable but what is missing from the application is Angell Brook which is actually a river having a 200 foot RIDEM setback.  Mr. Archambault stated that there is RIDEM jurisdiction over a river located on Lot 9 and that stricter wetland regulations are coming.  Mr. Archambault stated that the wetland issues are concerning to him and he reviewed each of the 10 photographs with the Board.  Mr. Archambault stated that he has been working with RIDEM for them to create a swale but that he will not authorize a drain to be put on his property.  Mr. Archambault stated that Whipple Road is an historic road and that this project would alter the character of the road.  Mr. Archambault stated that the wetland issues need to be studied and suggested the applicant limit lots 8 and 9 to a single lot.

Jeffrey Hanson stated that the process for review at the Master Plan stage does not require RIDEM review and that it is not required until Preliminary Plan review. 

Michael Moan referenced documents that state the new DEM laws were to go into effect on January 15, 2022 and Planner Phillips stated that it was continued and is now slated to go into effect on July 1^st. 

Al Gizzarelli questioned how these new DEM regulations affect this application and Jeffrey Hanson replied that the project will be subject to any regulations that should be enacted by the DEM.

Dan Sleboda, 171 Whipple Road, questioned the how close the lots are going to be to the street and Chairman Gizzarelli replied that, until the wetlands flagging is completed, it cannot be determined.  Mr. Sleboda questioned the 50 foot conservation buffer and stated that this project is going to change the character of the neighborhood.  Mr. Sleboda questioned the location of the leach fields and setbacks which are not shown on the plan and is a concern.

Dave Campbell, 146 Whipple Road, stated that he is a direct abutter to the proposed development and that he is in opposition to this project.

Brian Sleboda, 159 Whipple Road, stated that 9 houses are going to ruin the road and this area of Town.

Ken Orabona stated that he cannot support this plan at this time with the evidence that has been shown.  Mr. Orabona stated that he thinks the Board should schedule a site visit when the property is wet to see what is going on out there.

Al Gizzarelli questioned whether the Town Planner is aware of any history on this road and Michael Phillips replied that the Town Engineer is aware that there is flooding and a pipe may be undersized under the road.

Al Nani stated that he agrees with having the Board conduct a site walk and is concerned with the lots in the northeast corner of the property.  John Yoakum also stated that he is in favor of a site walk.

Michael Moan suggested taking lots 8 and 9 and reconfiguring the open space to southeast.

Jeffrey Hanson stated that the application meets the zoning regulations and having open space and conservation area.  Mr. Hanson noted that neither the Public Works Director nor the Town Engineer said anything about drainage at the Technical Review Committee meeting.

Solicitor Scott Levesque stated that a site walk would be a reason to continue the application and that the Board is within its right to require additional evidence from the applicant with regard to wetland setbacks, drainage issues, and safe and adequate access to the site. 

Planner Michael Phillips stated that there has been discussion about this project not being in character with the neighborhood but that across the street from this proposal there are 8 lots and another lot which will be subdivided into 11 lots on the same frontage.

The public informational meeting was held open.

Al Gizzarelli suggested having the wetlands biologist attend at the next meeting.

Richard Storti, one of the property owners, stated that he needs to move forward with the project and is willing to compromise to reduce Lots 8 and 9 to one lot.  Mr. Storti stated that the water issue has been existing and has to be solved by Public Works.  Mr. Storti stated that this application meets with the town’s regulations, is less lots than the development across the street, and the Board’s arguments are contrary to the town regulations.  Mr. Storti added that walking the land is not going to help.

Al Gizzarelli stated that the Board needs another month to review the information provided this evening.  Michael Moan added that the Town needs to provide the Board with historical data of what has been going on with the road in order to make a decision.

Al Nani made a motion, seconded by Michael Moan, to continue the Master Plan application to the July 21, 2022 meeting and, in the interim, scheduling a site visit, having the Planner contact the Town Engineer and Public Works Director to solicit comments on the drainage issue in the area of this project and its impact on safe and adequate access to, and drainage on, the site, with Mr. Archambault providing the maps to the wetland biologist and cooperating to address the issue of setbacks from Angell Brook, and having the wetland biologist present at the next meeting.  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 7:15 pm.  The vote on the motion was all in favor and the motion carried.

The next meeting is scheduled for Thursday, July 21, 2022 at 6:00 p.m.

Respectfully submitted,

Donna A. Corrao

Recording Secretary