Town of Smithfield

Planning Board

 

64 FARNUM PIKE              ESMOND, RHODE ISLAND 02917

 

May 19, 2022

Meeting Minutes

 

Members Present:     Al Gizzarelli, Richard Colavecchio, Al Nani, Ken Orabona, Jennifer Hawkins, Michael Moan, Curtis Ruotolo, and John Yoakum

Members Absent:      Mike Pinelli

Others Present:         Michael Phillips, Town Planner, Scott Levesque, Assistant Town Solicitor

 

 

Chairman Al Gizzarelli opened the May 19, 2022 meeting of the Smithfield Planning Board at 6:02 p.m.

 

MINUTES: Discuss and approve the March 17, 2022 and March 31, 2022 meeting minutes.

 

Ken Orabona made a motion, seconded by Al Nani, to approve the Planning Board meeting minutes for March 17, 2022.  The vote on the motion was all in favor and the motion carried.

 

Ken Orabona made a motion, seconded by Al Nani, to approve the Planning Board meeting minutes for March 31, 2022.  The vote on the motion was as follows:

 

Voting in Favor:  Members Colavecchio, Gizzarelli, Nani, Orabona, and Yoakum

Voting in Opposition:  None

Abstaining:  Members Moan, Ruotolo, and Hawkins

 

The vote on the motion being five in favor with three abstentions, the motion carried.

 

 

NEW BUSINESS

 

STILLWATER PLAT (ID#: 22-05) MASTER PLAN REVIEW

Major Subdivision – Informational Meeting

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 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.

 

Chairman Al Gizzarelli recused himself from the hearing of this application.

 

Attorney Tim Kane, having offices at 632 Putnam Pike in Greenville, represented the applicants and stated they are seeking to subdivide two additional lots for their two children.  Atty. Kane stated that the lots will be accessed by a private right of way and that there was a Technical Review Committee concern with the width of road.  Atty. Kane stated that the applicant is willing to increase the width to 16 feet along the entire frontage with a 3 foot shoulder which he thinks will satisfy the Fire Department.  Atty. Kane added that the applicants also intend to run a sewer line to service the two lots.

 

The public informational meeting was opened up to the public for comment at 6:09 p.m.

 

Richard Rudas, 168 Stillwater Road, stated that he abuts the proposed development and owns the right of way.  Mr. Rudas stated that many people have purchased parts of the right of way over the years and his concern is what would happen if his family was to subdivide.  Mr. Rudas stated that in 2013 he was told that the right of way would be overburdened with the type of use.  Mr. Rudas added that he supports the subdivision as it is in character with the area as a family compound but recommends the Board consider keeping the right of way intact.

 

There being no one further to speak the public informational meeting was closed at 6:14 p.m.

 

Ken Orabona made a motion, seconded by Al Nani, to grant approval of the application incorporating the Town Planner’s memo dated May 12, 2022 with the modifications of a cistern or other system that satisfies the Fire Chief being provided, the roadway being brought to an acceptable standard for emergency vehicles, the access roadway widened to 16 foot with a 3 foot shoulder on the applicant’s side of the property or as the Fire Chief requires, and adequate provision for trash receptacles being marked as Board’s Exhibit #1 and the Findings of Fact being marked as Board’s Exhibit #2.  The vote on the motion being all in favor, the motion carried.

 

 

CALCAGNI ESTATES (ID#: 20-013) MASTER PLAN REVIEW

Major Subdivision – Master Plan Review

AP 50 / Lot 77 – 115 Burlingame Road

45.4 Acres (approx.) / 11 Lots / Zone: R-200

Applicant/Owner: Angelo & Lucy Calcagni

Surveyor: Patricia Kelly, PLS #1968 - Kelly Land Services, 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 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 Jean Fallago, having offices at 132 Pleasant View Avenue in Smithfield, represented the applicant on this request for an 11 lot subdivision having 32 acres of open space.  Atty. Fallago stated that RI DEM approval is required for wetlands alteration and the TRC comments indicate a waiver is required for 30 foot roadway and radius which is critical to lessening the impact to the wetlands.

 

Attorney Fallago addressed the Technical Review Committee comments stating that the stone walls will be replenished, where required, and that the roadway geometric being unclear will be clarified at the Preliminary Plan.

 

Scott Rabideau, Professional Wetlands Biologist with Natural Resource Sciences, stated that the freshwater wetlands permit was issued in 2007 which has since expired.  Mr. Rabideau stated that he has re-delineated and resubmitted a wetlands verification to RIDEM and that there is a forested wetland and special acquired site but there is no buffer zones associated with this.  Mr. Rabideau added that the road width and radius waivers are necessary to minimize the impacts to the wetlands. 

 

Al Gizzarelli questioned the applicant’s preference for Concept Plan #1 is because of the roadway and Scott Rabideau replied that Concept Plan #2 would have resulted in more wetland impact.

 

The public informational meeting was opened at 6:34 p.m.

 

Zachary Desrosiers, 113 Burlingame Road, stated that he is an abutter and is concerned with the conservation plan versus the conventional plan having 11 houses on one acre in R-200 zoning.  Mr. Desrosiers stated his concern with being on the downslope from the proposed development and the previous plan having 6 house lots and a conservation easement.  Mr. Desrosiers stated his concern with altering the wetlands and that effect on his property and that he would prefer 9 houses in the current R-200 zoning and not 11 non-conforming lots.

 

Chairman Gizzarelli stated that a letter was received from Paul O’Rourke of 105 Burlingame Road and his objection was read into the record.

 

There being no one further to speak to the application, the informational meeting was closed at 6:41 p.m.

 

Curtis Ruotolo explained that the previous project was a cluster development and this is a conservation development has different requirements.  Chairman Gizzarelli suggested the applicant provide a 50 foot no cut buffer, if possible.

 

Mike Moan questioned whether the Town is aware of water pressure issues in this neighborhood and Chairman Gizzarelli replied the Water Department would be the ones to determine whether the pressure and availability is in the area.Mike Phillips stated that the Water Commissioner is aware of an issue in this area.

 

John Yoakum made a motion, seconded by Ken Orabona, to approve the application incorporating the Town Planner’s memo dated May 12, 2022 as Board’s Exhibit #1 and Findings of Fact submitted as Board’s Exhibit #2, conditioned on granting the requested waivers for roadway width being reduced from 30 to 25 feet, the radius reduced from 175 to 100, being subject to preliminary engineering, stonewalls being reconstructed, and giving consideration to providing a no-cut buffer in the area of lots 1-4.  The vote on the motion being all in favor and the motion carried.

 

 

DEER RUN ESTATES SUBDIVISION- Progress Update on Public Improvement Completion and Bond Status.

Major Subdivision – Final Plan

AP 45/Lot 61 – Clark Road

53.85 Acres (approx.)/20 lots/R80 Zoning District

Applicants/Owners:  Clark Homes, LLC

 

Solicitor Scott Levesque stated that work needs to be done to repair infrastructure on Deer Run Drive that the applicant has defaulted on.  Solicitor Levesque stated that the work is beyond the limit that the Town can fix and there is a need to hire a contractor to get the work done.  Solicitor Levesque added that, once that work is done, then the Town will proceed with top coating and streetlights.

 

Chairman Gizzarelli questioned how to prevent this builder from building in Town again and Solicitor Levesque replied that a bond is how the Town is able to protect itself and to no longer take cash bonds.

 

 

BURLINGAME ESTATES SUBDIVISION - Road Acceptance & Bond Reduction Request

Cedar Forest Road Extension

Owner/Applicant: J.I.F. Investments Company, Inc. - Joseph Kishfy

a.     Review and discuss the proposed request.

b.     The Board may approve the request as submitted, approve with changes, deny the request, or continue the item to a future date.

c.      Board may discuss and approve a maintenance bond or continue the item to a future date.

 

 

Town Planner Michael Phillips stated that Burlingame Estates subdivision has finished public improvements and that the Town Engineer and Public Works Director have both signed off on the project which is ready for acceptance by the Town Council.

 

Michael Moan made a motion, seconded by Ken Orabona, to release the performance bond in the amount of $79,720, set a maintenance bond in the amount of $5,000, and making a recommendation to the Town Council to accept the road and all improvements.

 

The vote on the motion was as follows:

 

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

Voting In Opposition: None

Abstaining:  Member Ruotolo

 

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

 

 

Ken Orabona made a motion, seconded by Al Nani, to adjourn the meeting at 6:58 pm.  The vote on the motion was all in favor and the motion carried.

 

 

The next meeting is scheduled for Thursday, June 16, 2022 at 6:00 p.m.

 

 

Respectfully submitted,

 

Donna A. Corrao, Recording Secretary

 

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