| | Town of Smithfield Planning Board 64 FARNUM PIKE ESMOND, RHODE ISLAND 02917 April 20, 2023 Virtual Meeting Minutes |
Members Present: Al Gizzarelli, Charles Boyd, Richard Colavecchio, Al Nani, Michael Moan, Ken Orabona, James D’Ambra, and John Yoakum
Members Absent: Joseph Rotella
Others Present: Michael Phillips, Town Planner, Scott Levesque, Assistant Town Solicitor
Chairman Al Gizzarelli opened the April 20, 2023 meeting of the Smithfield Planning Board at 6:00 p.m.
EMERGENCY EVACUATION AND HEALTH NOTIFICATION
Chairman Al Gizzarelli read the Emergency Evacuation and Health Notification.
MINUTES: Discuss and approve the March 23, 2023 meeting minutes.
Al Nani made a motion, seconded by John Yoakum, to approve the Planning Board meeting minutes for March 23, 2023. The vote on the motion was all in favor and the motion carried.
REGULAR AGENDA
Major Land Development – Master Plan Review
AP 35 / Lots 1, 1A, 1D & 2 - 270 Putnam Pike
8.49 Acres (approx.) / HC Zone
Applicant: Sunn Builders, Inc.
Owners: Sunn Builders, Inc. & Clover Leaf Ret, LLC
Engineer: Crossman Engineering
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 make a recommendation to the Zoning Board of Review on the dimensional relief and special use permits required for the project.
f. 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 Timothy Kane, with offices located at 627 Putnam Pike, represented the applicant and stated they are proposing a car wash on the northern portion of the property, retail units to the south, a shooting range, and 21 residential condominium units on the Johnston side of the property.
Brian King, Professional Engineer with Crossman Engineering, reviewed the master plan submission and stated there are four lots located in Smithfield and 3 lots in Johnston with much of the surrounding property being vacant. Mr. King stated that a Landowner’s Association will be responsible for stormwater maintenance and improvements and utilities including water, sewer, and gas will connect to the property from Putnam Pike.
John Shevlin, Professional Engineer with Pare Corp, stated that he conducted a preliminary traffic impact report for the project area. Mr. Shevlin stated that they updated traffic counts from 2017 using a growth factor. Mr. Shevlin stated they also reviewed crash data and that site distance measurements exceed the guidelines but are proposing a traffic signal. Mr. Shevlin stated this signal will be lined up with the Smithfield Village access and coordinated with the existing signal on Putnam Pike at Esmond Street.
John Shevlin noted that they have taken into account the Smithfield Village future build numbers and, going forward, will work with Smithfield Village and RIDOT. Mr. Shevlin stated his analysis found no decrease in the level of service in the intersections and the project will not decrease safety in the area.
Charles Boyd stated that he thinks a car wash is going to generate more traffic than 24 cars and questioned how they can project the number of cars without knowing what stores will be there and their hours. Mr. Shevlin replied that the number of 24 vehicles is not over the entire day but during peak trip times.
James D’Ambra questioned whether traffic mitigations have been considered and John Shevlin replied the traffic signal at the entrance is beneficial to getting in and out of the site and have considered potentially squaring up the off ramp but, right now, a merge seems to be the best option.
Michael Moan questioned how long the existing curb cuts are going to remain and the applicant, David Loffredo, replied they will remain as the access way to get in during construction but will then close the first one and the second one will be a right turn only.
Michael Moan questioned whether the applicant has had any discussions with Smithfield Village and John Shevlin replied he has had conversations with the applicant for Smithfield Village’s attorney and was told they are hoping to move forward in the next 6 months.
The Board requested to do a site visit of the property on Saturday, May 6th.
Ken Orabona made a motion, seconded by Al Nani, to continue the application to the May 18, 2023 Planning Board meeting pending a site visit to be held on May 6, 2023. The vote on the motion was all in favor and the motion carried.
Including: 4.3 Table of Uses, 4.4 Supplementary Use Regulations, Section M. Adult Use Cannabis, 5.11. Solar Energy Systems, 5.11.2 Definitions; 4.11.4 Accessory Solar Energy Systems; 5.11.7 Additional Requirements For Principal Solar Energy Systems In Residential Zoning Districts (R-20, R-20M, R-Med, R-80 And R-200) and 5.11.8 Additional Requirements For Principal Solar Energy Systems In Non-Residential Zoning Districts.
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 there was a revised version of the Solar Ordinance amendments emailed to the Board today which clarified language and definitions, prohibited solar on all lots in open space, set a procedure for review for small scale solar energy systems, and no large-scale solar energy systems being allowed in the R-80 or R-200 zones.
Charles Boyd questioned what the requirements are for farms and Planner Michael Phillips replied that most farms are in residential zones so they would be prohibited but could be allowed as accessory uses.
Ken Orabona made a motion, seconded by Al Nani, to approve the last circulated version of the Solar Ordinance submitted as Board’s Exhibit 1. The vote on the motion was all in favor and the motion carried.
Solicitor Levesque stated the Adult Use Cannabis ordinance models what has been suggested by the State.
Ken Orabona made a motion, seconded by Al Nani, to approve Sections 4.3 Table of Uses, 4.4 Supplementary Use Regulations, Section M. Adult Use Cannabis. The vote on the motion was all in favor and the motion carried.
Request for waivers from Planning Board subdivision regulations and associated checklist requirements.
Major Land Development – Preliminary Plan Review
AP 45 / Lot 18 and AP 46 / Lots 71, 72, 73, 74 & 76
295 George Washington Highway
92 Acres (approx.) / HC & PC Zone
Applicant: Wharton Smithfield, LLC
Owners: Jake Development Co., LLC & Rollingwood Acres, Inc.
Engineer: DiPrete Engineering
a. The Board will first address the applicant’s request for a waiver for submission items required pursuant to the subdivision regulations and associated checklist requirements, including a waiver of the physical alteration permit and freshwater wetland alterations permit. If either waiver is denied, the matter will be referred back to the administrative officer to issue a certificate of incompleteness and the Board will not proceed with items b through f below. If both waivers are granted, the Board will proceed with items b. through f below.
b. The Board will review and discuss the proposed submission with the project proponent.
c. The Board will conduct a public hearing to receive input on the proposed project.
d. The Board may schedule a site visit or waive the requirement.
e. 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.
f. 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.
Ken Orabona made a motion, seconded by Al Nani, to continue the Stillwater Distribution public hearing and request for waivers to the May 18, 2023 meeting.
During discussion on the motion, Michael Moan questioned where the clock is for approval and Planner Michael Phillips replied that the clock is suspended.
The vote on the motion was all in favor and the motion carried.
Major Land Development – Pre-Application / Concept Review
AP 46 / Lots 67 & 411 – 230 & 250 George Washington Highway
2.53 Acres (approx.) / 2 Lots / PCD (EGOD) Zone
Applicant/Owner: Ballettos Realty, LLC
Engineer: DiPrete Engineering
a. The Board will review the submission with the applicant and provide input for future review stages.
Brian Thalmann, Professional Engineer with DiPrete Engineering, represented the applicant and stated the proposed project comprises 6.2 acres located at the intersection of Route 7 and 116. Mr. Thalmann stated that Lot 67 had a wetlands application approved in 2020 which expired in 2021 and that they have re-delineated the wetland edges and incorporated revised buffers. Mr. Thalmann stated they will pursue a Freshwater Wetlands and RIPDES Stormwater applications with RI DEM, a Physical Alteration Permit from RIDOT, and approvals from the Smithfield Water Department, Sewer Authority, Soil Erosion Control, and Fire Department.
Brian. Thalmann stated that this is a challenging site with regard to wetlands, ledge, truck circulation and utilities connection. Mr. Thalmann stated there is the option for the project to be submitted as one contiguous lot or leaving them as split lots and the only difference is that the residential units go from 21 to 19 under the 2 lot scenario.
Brian Thalmann stated that access to the property from Route 7 will be a right turn in and right turn out. Michael Moan requested the internal access be coordinated together if the property remains as two lots.
Minor Subdivision – Preliminary Plan Review
AP 26 / Lot 27 – 292 Waterman Avenue
.72 Acres (approx.) / 2 Lots / R-20 Zone
Applicant/Owner: J. Theodore Ray & Sandra Ray
Surveyor: Kelly Land Services, Inc.
a. The Board will review and discuss the proposed submission with the project proponent.
b. 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.
c. The Board may make a recommendation to the Zoning Board of Review on the dimensional relief required for the project.
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 Timothy Kane, with offices located at 627 Putnam Pike, represented the applicant and stated the property has an existing insurance company located on the parcel and the proposal is to subdivide the area into 2 lots. Attorney Kane stated the property abuts the three streets of Arnold Avenue, Waterman Avenue, and Pleasant Avenue. Attorney Kane stated that the property is located in a residential zone serviced by water and sewer and the average lot size in the area is .28 acres so the proposal is consistent with the surrounding neighborhood.
Attorney Kane noted that the insurance company is an existing non-conforming use but that it is more consistent to have a house on the lot rather than expansion of a non-conforming use. Michael Moan questioned whether this Board would be creating a non-conforming lot and Attorney Kane replied there is a legal process to go before this Board and the Zoning Board. Attorney Kane stated that the Board should look at whether the project conforms to the Comprehensive Plan, the existing conditions in the neighborhood, access to water and sewer, and does it make sense from a planning perspective. Town Planner Michael Phillips noted that the Board is charged with looking at consistency with the Comprehensive Plan and surrounding area and this lot is just under the average lot size in this neighborhood. Solicitor Scott Levesque stated that the applicant can ask for relief from the Zoning Board and the applicant will have to demonstrate hardship, not being sought for economic gain, and that this is the least amount of relief necessary.
Ken Orabona questioned how the applicant would demonstrate a hardship and Attorney Kane replied they will hire a land expert to testify.
Ken Orabona made a motion, seconded by Al Nani, to approve the Preliminary Plan subdivision, recommending that the Zoning Board grant the requested relief, being conditioned on the applicant receiving the dimensional relief and all utility permits for approval, and having to return to this Board for Final Plan approval. The vote on the motion as follows:
Voting In Favor: Members Gizzarelli, Boyd, Colavecchio, Nani, Orabona, D’Ambra, and John Yoakum
Voting In Opposition: Member Moan
Abstaining: None
The vote on the motion being seven in favor with one in opposition, the motion carried.
Al Nani made a motion, seconded by Ken Orabona, to adjourn the meeting at 8:10 p.m. The vote on the motion was all in favor and the motion carried.
The next meeting is scheduled for Thursday, May 18, 2023 at 6:00 p.m.
Respectfully submitted,
Donna A. Corrao, Recording Secretary