| | Town of Smithfield Planning Board 64 FARNUM PIKE ESMOND, RHODE ISLAND 02917 December 8, 2022 Meeting Minutes |
Members Present: Al Gizzarelli, Charles Boyd, Richard Colavecchio, Al Nani, Michael Moan, Ken Orabona, 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 December 8, 2022 meeting of the Smithfield Planning Board at 6:00 p.m.
MINUTES: Discuss and approve the November 17, 2022 meeting minutes.
Ken Orabona made a motion, seconded by Al Nani, to approve the Planning Board meeting minutes for November 17, 2022. The vote on the motion was all in favor and the motion carried.
REGULAR AGENDA
Continued from October 20, 2022
Including: Section 1.5 Zone Boundaries, 5.10 Inclusionary Zoning, M. Fees In-lieu of Fees; 5.11. Solar Energy Systems, Section 2 Definitions, 5.11.4 Accessory 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.
The Board reviewed Article 4.4 “Supplementary Use Regulations”.
Ken Orabona made a motion, seconded by Al Nani, to approve Article 4.4 supplementary use regulations changing wording to read “of a” one family resident. The vote on the motion was as follows:
Voting In Favor: Members Rotella, Nani, Gizzarelli, Orabona, Boyd, Colavecchio, and Yoakum
Voting In Opposition: Member Moan
Abstaining: None
The vote on the motion was seven in favor with one in opposition and the motion carried.
The Board reviewed Section 1.5 “Zone Boundaries”.
Ken Orabona made a motion, seconded by Al Nani, to approve Section 1.5 Zone Boundaries removing one of the duplicate “in’s”. The vote on the motion was all in favor and the motion carried.
The Board reviewed Section 5.11 “Solar Energy Systems”.
Al Gizzarelli stated that he would like to change this section to allow for up to 20,000 square feet for ground mounted and up to 40,000 square feet for roof mounted solar systems. This item was tabled to the next meeting.
Comprehensive Permit Application / Major Land Development – Final Plan Review
AP 46 / Lot 10 – 8 Mann School Road
54.73 Acres / 1 Lot / R-80 Zone
Applicant/Owner: Sand Trace, LLC
Engineer: Audie Osgood, P.E. - DiPrete Engineering
a. The Board will review and discuss the proposed submission with the project proponent.
b. The Board may approve the Final Plan as submitted, approve with changes and/or conditions, deny the application or continue the meeting to a future date.
c. 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 William Landry, with offices at Blish & Cavanagh, represented the applicant on this request for Final Plan approval. Attorney Landry stated that there is language in the General Laws that states there is 12 months to record the Final Plan with a one-year extension by right but is concerned that that, once the condominium is established, they will be recording the condominium plans for years.
Al Gizzarelli questioned number 2 on the conditions of approval and whether this fee is required to be paid as cash or as a performance bond and Solicitor Scott Levesque replied that the fee is for an impact fee so that it must be cash.
Attorney William Landry stated that there was some ambiguity in the Preliminary Plan decision on when the $50,000 fee for road improvements gets paid and the decision says the funds are to be collected as an additional impact fee. Attorney Landry stated it makes sense to pay the impact fee as the units are sold and if the road improvements are necessary to be done then the applicant would pay the whole $50,000 up front. Attorney Landry stated that the applicant doesn’t want to pay $50,000 in advance for improvements that may not be necessary and asked that the second full sentence of condition #1 not be added to the conditions of the Final Plan approval that “said funds are to be collected at the commencement of the project”.
Solicitor Scott Levesque stated that the there are two different documents; the decision and the Planner’s memo that was attached to the decision. Solicitor Levesque stated that the decision references the amending of the Planner’s memo recommending modifying the first two conditions of approval that the $50,000 be provided at the commencement of the project and the confusion is that the attachment does not reference the amendments. Solicitor Levesque added that the applicant is bound by the recorded decision or has to go back to the Preliminary Plan stage and reopen up a public hearing.
Attorney William Landry requested that the condition be changed with the decision made tonight without going back to the Preliminary Plan.
Ken Orabona made a motion, seconded by Al Nani, to approve the Sand Trace Final Plan incorporating the Planner’s memo with conditions of approval dated November 17, 2022 being marked as Board’s Exhibit A and the Findings of Fact made at the Preliminary Plan approval. The vote on the motion was all in favor and the motion carried.
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.
The applicant was not present for this application to be heard.
Michael Moan made a motion, seconded by Ken Orabona, to adjourn the meeting at 7:00 pm. The vote on the motion was all in favor and the motion carried.
The next meeting is scheduled for Thursday, December 8, 2022 at 6:00 p.m.
Respectfully submitted,
Donna A. Corrao, Recording Secretary