| | Town of Smithfield Planning Board 64 FARNUM PIKE ESMOND, RHODE ISLAND 02917 August 31, 2023 Virtual Meeting Minutes |
Members Present: Al Gizzarelli, Charles Boyd, Richard Colavecchio James D’Ambra, Catherine Lynn, Michael Moan, Joseph Rotella and John Yoakum
Members Absent: Al Nani
Others Present: Michael Phillips, Town Planner, David Ursillo, Assistant Town Solicitor
Chairman Al Gizzarelli opened the August 31, 2023 meeting of the Smithfield Planning Board at 6:02 p.m.
Al Gizzarelli read the Emergency Evacuation and Health Notification.
Discuss and approve the June 15, 2023 and July 20, 2023 meeting minutes.
John Yoakum made a motion, seconded by James D’Ambra, to approve the Planning Board meeting minutes for June 15, 2023. The vote on the motion was as follows:
Voting In Favor: Members Gizzarelli, Boyd, Colavecchio, D’Ambra, Moan, and Yoakum
Voting In Opposition: None
Abstaining: Members Lynn and Rotella
The vote on the motion being five in favor with two in abstentions, the motion carried.
John Yoakum made a motion, seconded by Joe Rotella, to approve the Planning Board meeting minutes for July 20, 2023. The vote on the motion was as follows:
Voting In Favor: Members D’Ambra, Lynn, Moan, Rotella and Yoakum
Voting In Opposition: None
Abstaining: Members Gizzarelli, Boyd and Colavecchio
The vote on the motion being five in favor with three in abstentions, the motion carried.
REGULAR AGENDA
Major Subdivision – Preliminary Plan Review
AP 42 / Lot 11A – Whipple Road
13.2 Acres (approx.) / 4 Lots / R-80 Zone
Applicant/Owner: Michael & Monique Sabatino
Engineer: InSite Engineering
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 approve the Preliminary Plan as submitted, approve with changes and/or conditions, deny the application or continue the meeting to a future date.
d. 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.
e. The Board may vote to have the Final Plan approval be handled administratively.
Paul Carlson, with InSite Engineering, represented the applicant on this request for preliminary plan approval for a 4-lot subdivision located on Whipple Road. Mr. Carlson stated that the wetlands have been flagged by Natural Resource Services and site suitability and wetlands preliminary determination is pending approval by RIDEM.
Paul Carlson stated that the applicant is requesting waivers on the requirement for 200-degree angles and the requirement to tie into an existing water main and are instead proposing a 10,000-gallon cistern along Lot #4.
Charlie Boyd questioned the driveway location on Lot #4 and Paul Carlson replied that the RIDEM wetlands review is pending but that the driveway is not going through the wetlands and is only going through the buffer which is jurisdictional.
Catherine Lynn questioned whether the applicant has sought Water Supply Board approval as is required in the ordinance and Paul Carlson replied that a request has been made through Gene Allen at the Water Department which will be brought before the Town Council at their next meeting.
James D’Ambra questioned the location of the nearest fire hydrant and Paul Carlson replied it is about 1,000 feet from the hydrant on Whipple Road to this subdivision. Mike Moan questioned the Fire Department’s TRC comment that they would like a hydrant located within 500 feet of a water line and Town Planner Michael Phillips noted that the comment was made during the Technical Review when the applicant was planning to tie into the water line.
The public hearing was opened at 6:25 p.m. and there being no one present to speak to this application was promptly closed.
James D’Ambra made a motion, seconded by Richard Colavecchio, to approve the Preliminary Plan incorporating the Town Planner’s memorandum dated August 25, 2023 as Exhibit A and the Findings of Fact as Exhibit B, granting the requested waivers on interior angles and extension of water line conditioned upon the Town Council’s approval, being conditioned on all outstanding permits being submitted and compliance with the Stonewall Ordinance, and requiring the applicant to appear back before the Board for Final Plan review. The vote on the motion was all in favor and the motion carried.
Major Subdivision – Master Plan Review
AP 47 / Lot 23 – 117 Williams Road
5.54 Acres (approx.) / 2 Lots / Zone: R-80
Applicant/Owner: Richard McKenna
Engineer: Joe Casali Engineering, 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.
Joe Casali, Professional Registered Engineer having offices at 300 Post Road in Warwick, represented the applicant on this request for a 2-lot subdivision located on Williams Road. Mr. Casali stated that this lot has an easement to abutting Land Trust property which will remain. Mr. Casali stated that there is an existing barn/livery which will remain but is in an unsafe condition and economically infeasible to rehabilitate but that the applicant will work with the town to shore up the building.
Joe Casali stated that the wetlands have been delineated and there are none within 150 feet of the property. Mr. Casali stated there are stonewalls throughout the site which will be preserved and replaced, the existing cesspool will be replaced with an up-to-date septic system, and the site will be serviced by well water. Mr. Casali added that there is the need for dimensional relief from the Zoning Board for lot frontage and lot width.
Charlie Boyd stated the Public Work Director has a concern with responsibility for plowing. Joe Casali stated the applicant will agree to indemnify the Town for access to this property. Mr. Boyd questions whether there is any other way to design the subdivision to not need such a large amount of zoning relief? Mr. Casali replied it is a pre-existing non-conforming condition and he is hoping that by working with the Historic Preservation Commission and improving the turnaround for the Fire Department this will result in a positive recommendation from this Board.
Charlie Boyd questioned whether the Land Trust has been consulted and Joe Casali replied that Land Trust representatives attended the Technical Review meeting and the applicant would just ask that if anyone from the town wants to go onto the property that fair notice be provided.
The public informational meeting was opened at 6:48 p.m.
Doug Riccitelli, 95 Williams Road, stated the road becomes a one lane road at a point and questioned whether the Town would require Williams Road to be widened and, if so, how that might affect his property. Mr. Riccitelli stated that, if there is widening of the road, he would ask that the it be done on the opposite side of the road from his house. Mr. Riccitelli questioned whether the new house would follow the same subdivision covenants and Joe Casali replied this is not part of Mr. Riccitelli’s subdivision and will not be a part of the homeowners’ association and will not comport to those covenants. Mr. Riccitelli added his opinion that the small barn is dilapidated and should be taken down.
Barbara Rich, with the Smithfield Land Trust, stated that there is not a lot of traffic visiting the Judsen property and this property is mostly enjoyed by the neighbors who walk there. Ms. Rich added that she thinks this application appears to be a sensible request.
James D’Ambra made a motion, seconded by Joseph Rotella, to approve the Master Plan incorporating the Town Planner’s memorandum dated August 15th as Exhibit A and the Findings of Fact as Exhibit B, being conditioned on the owner allowing the Historic Preservation Commission access to the historic structure, cooperating with Historic Preservation for relocation of the structure, if necessary, the Tree Warden being consulted about trees on the town right of way, and recommending the Zoning Board grant the requested dimensional relief. The vote on the motion was all in favor and the motion carried.
Major Land Development – Master Plan Review
AP 49 / Lots 120, 125 & 126 – 1150 Douglas Pike
321 Acres (approx.) / Zone: PD
Applicant/Owner: Bryant University
Engineer: Joe Casali Engineering, 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 Christopher O’Connor, with Blish & Cavanagh, represented the applicant stating they are seeking approval of an updated Master Plan and a positive recommendation to the Zoning Board for a special use permit and dimensional variances.
Thomas Mann, Assistant Vice President of Planning, Design and Development for Bryant University, stated this is a modified Master Plan because of changes in the University’s needs and requirements due to the Fidelity gift of property and no longer needing to construct a new convocation center. Mr. Mann stated they were planning to construct a new residence hall for incoming students but have determined there is a greater need for housing for upper class students which would be in a different location and closer to the new property.
Joe Casali, Professional Registered Engineer having offices at 300 Post Road in Warwick, reviewed the University’s Vision 2030 Master Plan. Mr. Casali stated that the Fidelity building located at 100 Salem Street is being given to the University which will be used for administrative and office uses.
Joe Casali stated they are proposing an addition to the Chace Athletic Center and seeking dimensional relief on height. Mr. Casali stated that they are also proposing construction of a new field house and will need to seek dimensional relief on setback from a residential zone and height. Mr. Casali stated they will be reconfiguring the access road for safe vehicular and pedestrian travel. Mr. Casali stated that the former Oasis Restaurant will be replaced with a 9,700 square feet Bull Dog Bistro which requires a special use permit.
Charles Boyd stated the Public Works Director concern about water and Joe Casali replied that the University is promised 1/3 of the water from the Island Woods tank and, from a domestic standpoint, there is no concern about capacity. Mr. Casali stated that, from a fire capacity, there is only one main line in but they have an existing irrigation line that could possibly be upgraded. Mr. Boyd stated his concern with the Bull Dog Bistro and a median located across the drive and Mr. Casali replied that they will have future discussions about this with RIDOT.
James D’Ambra questioned whether the restaurant will be open to the public and Joe Casali replied that it will be open to the general public.
Michael Moan questioned whether there are plans for professional soccer at the University and Joe Casali replied they are welcoming the professional soccer team to play temporarily at the campus for the first year until their facility is constructed. Mr. Moan questioned whether there are any plans for shuttle buses for pedestrian crossing from the new building to the campus and Mr. Casali replied that only faculty and staff will park at the new building and there should be no back and forth. Mr. Casali added that, if and when the academic uses come forward at that building, it will be looked at that point. Mr. Moan stated his concerns with the expansion of the University operating a restaurant and having ax throwing lanes.
Catherine Lynn stated her concern with a full-service restaurant providing students access to alcohol.
Thomas Mann stated that during the pandemic the University learned that there are very few activities for students outdoors and the restaurant will be a benefit for alumni, recruiting visits, hosting alumni events, and watching games. Mr. Mann noted that an LLC would be created to own and operate the facility.
Solicitor David Ursillo stated that this application would need both a special use permit to allow a restaurant and a dimensional variance from being in an interior building. Attorney Chris O’Connor noted that, under the PD zone, they have the right to develop a stand-alone restaurant if the property is subdivided.
Richard Colavecchio stated that everything Bryant builds is usually internal to the campus and this Bistro is on the face of the roadway. Mr. Colavecchio added that a restaurant does not seem to be a traditional part of an educational facility.
Thomas Mann stated that restaurants are allowed outright in the PD zone and out of an abundance of caution they are asking for an accessory use needing variances but that they are willing to remove this portion from the Master Plan in order to develop a better approach.
Al Gizzarelli stated he does not think the Board should be determining whether the University should be in the restaurant business and a restaurant will be good for jobs.
Joseph Rotella stated that he thinks Bryant’s transparency should be taken into consideration and noted that other colleges such as Johnson & Wales have had successful restaurants.
The public informational meeting was opened at 8:23 p.m.
Francis O’Connell, Lakeside Drive, stated his concern with infrastructure and water supply and that a well grided reliable supply is needed. Mr. O’Connell stated his concern with a restaurant in a tax-exempt location and suggested that if the University creates an LLC for this venture that it be taxed. Thomas Mann stated that the LLC would be a for-profit entity and a taxable enterprise but that the land it is located on is tax differently.
Dennis Parente, President and owner of Parente’s Restaurant, stated that Parente’s has been a good partner with Bryant for 40 years but for them to put a restaurant on Route 7 is not fair to the restaurants in the area who have been paying taxes for 40 years. Mr. Parente suggested the restaurant be located within the campus having no public access to not be in competition with other tax paying restaurants. Mr. Parente added that the University’s public safety has no control over the general public and questioned what happens if they have a problem with members of the public.
Kim Ziegelmayer, 215 John Mowry Road, stated her concern with the buffer zone and suggested the Board require it to be revegetated. Joe Casali replied that it was a condition to their original master plan approval and they will stipulate to that.
Kevin Porter, 215 John Mowry Road, stated his concern with runoff onto his property as a result of construction at the University.
Attorney Chris O’Connor stated they will withdraw without prejudice the Bistro portion from the Master Plan.
The Board declined to schedule a site visit of the property.
There being no one further from the public to speak to this application, the public hearing was closed at 8:52 p.m.
Michael Moan addressed the University’s expansion across the street and requested that safe pedestrian crossing be taken into consideration by the University and this Board.
James D’Ambra made a motion, seconded by Joseph Rotella, to approve the amended Master Plan withdrawing without prejudice the Bistro component, incorporating the Town Planner’s memorandum dated August 21, 2023 as Exhibit A, the Findings of Fact as Exhibit B, the applicant’s PowerPoint presentation as Exhibit C, the letter from Terraza as Exhibit D, recommending the Zoning Board grant the requested special use permit and dimensional variances, and including the conditions of the previously granted Master Plan decision as they relate to the abutting residents. The vote on the motion was all in favor and the motion carried.
Including: 5.11.5 Principal Solar Energy Systems and 5.11.6 General Requirements for Accessory and Principal 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.
Town Planner Michael Phillips reviewed additional proposed amendments to the Solar Ordinance that are being proposed to increase buffers for ground mounted systems, provide additional screening, and limit the amount of clearing of forested areas.
Al Gizzarelli stated he thinks it is a dramatic change in the size of buffers going from 50 feet to 300 feet.
Frank O’Connell requested the addition of the phrase “indexed for cost projected at end of project life” because demolition costs today will not be the same as in the future.
James D’Ambra made a motion, seconded by Joseph Rotella, to recommend that the Town Council adopt the proposed amendments to Section 5.11 “Solar Energy Systems” of the Zoning Ordinance. The vote on the motion was all in favor and the motion carried.
Catherine Lynn made a motion, seconded by James D’Ambra, to adjourn the meeting at 9:30 p.m. The vote on the motion was all in favor and the motion carried.
The next meeting is scheduled for Thursday, September 21, 2023 at 6:00 p.m.
Respectfully submitted,
Donna A. Corrao, Recording Secretary