| | Town of Smithfield Planning Board 64 FARNUM PIKE ESMOND, RHODE ISLAND 02917 December 21, 2023 Meeting Minutes |
Members Present: Charles Boyd, Richard Colavecchio, James D’Ambra, Catherine Lynn, Michael Moan, Al Nani, John Yoakum
Members Absent: Angelica Bovis (excused), Joseph Rotella (excused)
Others Present: David Ursillo, Assistant Town Solicitor
Chairman James D’Ambra opened the December 21, 2023 meeting of the Smithfield Planning Board at 6:01 p.m.
Chairman James D’Ambra read the Emergency Evacuation and Health Notification.
Discuss and approve the November 16, 2023 meeting minutes.
Richard Colvecchio requested an amendment that he voted in opposition to the Zoning Ordinance changes. Michael Moan requested adding on page 5 under the West Greenville Residences project a statement that he “requested information from the applicant on the applicability of State permits for any historic and archaeological issues.”
Al Nani made a motion, seconded by John Yoakum, to approve the Planning Board meeting minutes for November 16, 2023 as amended. The vote on the motion was as follows:
Voting In Favor: Members Boyd, Colavecchio, D’Ambra, Moan, Nani, Yoakum
Voting In Opposition: None
Abstaining: Member Lynn
The vote on the motion being six in favor with one abstention, the motion carried.
Comprehensive Permit Application/Major Land Development/ Master Plan
AP 1B/Lot 6 – 719 Putnam Pike
2.42 Acres (approx.)/Zone: MU
Applicant/Owner: Adler Properties, LLC
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 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 approve or deny the requested dimensional relief from the Zoning Ordinance and may grant or deny the requested waivers from the Land Development and Subdivision Regulations.
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 Tim Kane, having offices at 627 Putnam Pike in Greenville, represented the applicant stating the application was continued from last month in order for the Board to conduct a site visit. Attorney Kane added that the applicant has renamed the project “The Residences at Long House” and made minor changes to the plan.
Joe Casali, Professional Engineer with Joe Casali Engineering having offices at 300 Post Road in Warwick, reviewed the changes to the plan as a result of the site walk. Mr. Casali noted that the encroachment has been removed in the northern corner of the property and stated they reviewed the remnants of the Long House and conducted a site distance analysis to exceed requirements. Mr. Casali reviewed the design changes including truncating the infiltration basin to be moved further from the Long House remnants, adding boulder walls to reduce fill and increase the detention basin capacity, and proposing walk outs to minimize disturbance and preserve as many large caliper trees.
The public hearing was opened at 6:10 p.m. and there being no one present to speak to this application was promptly closed.
Michael Moan stated that he spoke with Robert Leach from the Historic Preservation Commission who received communications from the State Preservation Office which was forwarded to the Town Planner.
Charles Boyd questioned the storm outlet on Route 44 as indicated in the Town Engineer’s TRC comment and Joe Casali replied that stormwater will enter the basin, cross Route 44 in a southerly direction and drain into detention ponds located to the south to mimic the existing conditions. Mr. Casali added that they have made the detention basin larger by putting retaining walls in. Mr. Boyd questioned whether the Town Engineer has seen the new plan and Mr. Casali replied that he will get to review the revised plan at the Preliminary Plan stage.
Charles Boyd questioned the lighting plan and Joe Casali replied that the project will comport to the town standards and will have no light pollution.
James D’Ambra made a motion, seconded by Al Nani, to reopen the public hearing at 6:20 p.m. The vote on the motion was all in favor and the motion carried.
Robert Leach, Chair of the Historic Preservation Commission, stated that he received a response from the State of RI to the original letter he sent asking for guidance on the site’s historic importance. Solicitor Ursillo requested that the original letter be marked as Exhibit #1. Mr. Leach distributed the response letter marked as Exhibit 2 indicating that no archaeological survey has been conducted on the property but that it may potentially be eligible for listing on the National Register of Historic Places. Mr. Leach stated that this confirms the Commission’s opinion that the site is historic and valuable and should be preserved. Mr. Leach provided comments on the Grading plan and reminded the applicant of the Tree Preservation Ordinance.
Charles Boyd stated his concern with the seriousness of this letter and questioned the liability of the Board and Assistant Solicitor David Ursillo replied that the letter does not say much either way but for the applicant to start digging and if they see something historic then they would have to find out another way around it. Attorney Ursillo added that this relieves the Board from having liability and the State will look to the developer to comply so long as the Board conditions it. Mr. Boyd stated that he would like to review this issue more carefully. Attorney Tim Kane noted that the State did not dictate the applicant to conduct an archaeological survey and that they recommended that development of the property be designed to minimize disturbance and which is what they are doing.
Robert Leach stated that he would like to have the Commission be involved in the process.
Al Nani stated that there is no specificity in the letter concerning historic significance and that the construction super is in charge to ensure the law is being followed and that the development conforms to established plan.
Joe Casali reviewed the approximate footprint of the Long House and that a portion is located in the State right of way which should have been resolved when RIDOT redid the State right of way on Route 44. Mr. Casali stated there is not much substance to the letter issued by the State and that the applicant has done what they have been asked to do in terms of minimizing disturbance.
Catherine Lynn stated her concern with the detention pond being in a portion of the Long House footprint and questioned if it can be moved further north. The owner/applicant Scott Adler, with Adler Brothers, stated that he agreed with Mr. Leach when they were onsite together where they would locate the basin and that is how the plan got shaped. Mr. Adler added that they agreed to locate it where there were no remnants of the Long House.
There being no one else present to speak to this application the public hearing was closed at 6:56 p.m.
John Yoakum made a motion, seconded by Al Nani, to approve the Master Plan being conditioned on the Historic Preservation Commission and the owners/applicant working in conjunction to minimize disturbance onsite and the Town Engineer’s review of the basin changes, incorporating the Town Planner’s memorandum dated November 8th as Exhibit A, Exhibit’s #1 and #2 being the State correspondence, the Findings of Fact as Exhibit B1, and recommending approval of the requested variances and waivers, The vote on the motion was all in favor and the motion carried.
Comprehensive Permit Application/Major Land Development
AP 46 / Lot 10 – 8 Mann School Road and Log Road
54.95 Acres / 1 Lot / R-80 Zone
Applicant/Owner: Sand Trace, LLC
Engineer: DiPrete Engineering
a. The Board will conduct the project’s annual review.
b. The Board will vote on approval of the extension.
Attorney Bill Landry, with offices at Poore & Rosenbaum, represented the applicant stating that this is the applicant’s request for a one-year extension for filing the Final Plat.
John Yoakum made a motion, seconded by Al Nani, to grant the extension of Final Plan approval for the Sand Trace project. The vote on the motion was all in favor and the motion carried.
Major Land Development – Master Plan Review
AP 46 / Lots 67 & 411 – 230 & 250 George Washington Highway
6.22 Acres (approx.) / PCD (EGOD) Zone
Applicant/Owner: Ballettos Realty, LLC
Engineer: DiPrete Engineering
a. The Board will first address the applicant’s request for a waiver for a submission item required at Master Plan stage pursuant to the Zoning Ordinance Section 9.4.6, E. Traffic Study and Mitigation Plan.
If the 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 informational 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 Master 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.
Attorney K. Joseph Shekarchi represented the applicant stating they are requesting an amended Master Plan approval because the economics did not support a restaurant and the project will consist of more office and residential. Attorney Shekarchi added that they are requesting a waiver for submission of a traffic study at this stage.
Richard Colavecchio questioned the project having more residential units and how that will impact the traffic.
Brian Thalmann, Professional Engineer with DiPrete Engineering, stated that the only difference is more trip generation of 0.6 and 0.75 trips per residential unit and that a restaurant probably generates more. Mr. Thalmann stated there were 21 residential units in the original proposal and there are now 63 which will result in approximately a 30-trip increase in the a.m. Mr. Thalmann clarified that they are not waiving but just deferring the traffic study until the Preliminary Plan stage.
Michael Moan made a motion, seconded by Al Nani, to grant the requested waiver for a traffic study to be completed at the Preliminary Plan stage. The vote on the motion was all in favor and the motion carried.
Brian Thalmann reviewed the proposal stating the project is a combination of residential, retail, and office uses. Mr. Thalmann stated the project will be serviced by sewer and water, there will be 25% of affordable units and will consist of apartments initially with the potential to be turned into condominiums. Mr. Thalmann added that there was a request for the addition of sidewalk construction,
Richard Colavecchio questioned how the applicant proposes to make the units marketable when they are surrounded by asphalt and Brian Thalmann replied that included in the Project Narrative is a population analysis and these types of developments do not foster themselves to having school aged children. Mr. Colavecchio suggested the requirements that EDL recommends be used and stated his concern with the residences and retail/office uses mixing.
The public informational hearing was opened at 7: 35 p.m. and there being no one present to speak to this application was promptly closed.
Michael Moan made a motion, seconded by John Yoakum, to approve the Master Plan incorporating the Town Planner’s memorandum dated December 12, 2023 as Exhibit A, the Findings of Fact marked as Exhibit B, being conditioned on a traffic study being provided at the Preliminary Plan stage, considering alternatives to scaling back or reconfiguring Building #3, revisiting the architectural standards of the EGO district and layout of the entrances to residential units be reconfigured or studied vis a vis access to commercial spaces. The vote on the motion was all in favor and the motion carried.
Major Land Development – Preliminary Plan Review
AP 49 / Lot 125 – 1150 Douglas Pike
7.21 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 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.
Attorney Chris O’Connor, having offices at Blish & Cavanagh, stated that the applicant received Zoning Board approval back in September and are here tonight for Preliminary Plan approval for the Field House.
Joe Casali, Professional Engineer with Joe Casali Engineering having offices at 300 Post Road in Warwick, reviewed the site plan for the proposed field house stating a 10-inch watermain will be brought up for domestic fire protection.
Charles Boyd questioned what the plan is if there is a parking problem and Joe Casali replied there is a systematic approach that the University has if there are any parking problems on campus such as parking on certain paved areas, having agreements with Fidelity across the street, shuttling people in and they have never had any enforcement issues with the police or fire department.
Assistant Solicitor David Ursillo noted that the Board has previously granted conditions on the project with respect to abutters which should be carried forward.
The public hearing was opened at 8:00 p.m. and there being no one present to speak to this application was promptly closed.
John Yoakum made a motion, seconded by Al Nani, to approve the Preliminary Plan incorporating the Town Planner’s memorandum dated December 14, 2023 marked as Exhibit A, the Findings of Fact marked as Exhibit B, and being conditioned upon the previous conditions of the Board and Zoning Board Decision being carried forward. The vote on the motion was as follows:
Voting In Favor: Members Colavecchio, D’Ambra, Lynn, Moan, Nani, and Yoakum
Voting In Opposition: Member Boyd
Abstaining: None
The vote being six in favor with one in opposition, the motion carried.
Recommendation to Zoning Board of Review on Special Use Permit
AP 49 / Lot 226 – 100 Salem Street
29.6 Acres (approx.)/Zone: PC
Applicant/Owner: Bryant University
Engineer: Joe Casali Engineering, Inc.
Attorney Chris O’Connor, having offices at Blish & Cavanagh, stated the applicant is seeking a positive recommendation to the Zoning Board on a special use permit for the property located at 100 Salem Street.
Joe Casali, Professional Engineer with Joe Casali Engineering having offices at 300 Post Road in Warwick, reviewed the plan to repurpose the existing structure located at 100 Salem Street. Mr. Casali stated that the use of the property will be the proposed location for the College of Business Administration. Mr. Casali stated that the university has met with RIDOT and the town officials to evaluate various scenarios relating to crossing the roadway. Mr. Casali stated that all entities agreed the safest way is a multi-approach including driving personal vehicles, transport by University shuttles and buses, and walking.
Jim D’Ambra requested doing whatever can be done to minimize college students crossing Route 7 and stated that he would prefer to have shuttles.
John Yoakum made a motion, seconded by Al Nani, to make a positive recommendation to the Zoning Board on 100 Salem Street.
The vote on the motion was as follows:
Voting In Favor: Members Colavecchio, D’Ambra, Lynn, Moan, Nani, and Yoakum
Voting In Opposition: Member Boyd
Abstaining: None
The vote being six in favor with one in opposition, the motion carried.
Including: amendments to Sections 4.3 Table Of Uses by adding a new Use Category Entitled “Wind Energy Facilities” and amending Section 5.10 Inclusionary Zoning by eliminating the fee in-lieu of option and increasing the density bonus in compliance with revisions to the Zoning Enabling Act 45-24.
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.
Assistant Solicitor David Ursillo stated that these proposed amendments address new State requirements that relate to land use and also provides a zoning classification for wind energy facilities to not be permitted in any zone.
Solicitor Ursillo stated that Inclusionary zoning changes are being proposed and currently state law not less than 25% inclusionary zoning
Council Member Michael Iannotti stated that the Town needs 389 low and moderate income units to reach the 10% goal which would allow the town to do away with the Comprehensive Permit process. Mr. Iannotti stated that the Town Planner has estimated the Town will get to 10% by the year 2060 which he thinks is too long and we will have a very different town by then. Mr. Iannotti stated that the new regulations going into effect on January 1st provide developers with density bonuses, increased setbacks, and does away with the master plan review in the Comprehensive Permit process and the Town should get something back and that is more affordable housing. Mr. Iannotti stated there is a need for more affordable housing in Town and if a project of more than 6 units is being proposed then he thinks it should be at least 40% affordable.
Council Member Rachel Toppi stated that the wind energy facilities Smithfield part of the Zoning Ordinance amendment is the continuation of their efforts to be proactive as far as protecting residential and natural areas in the Town.
Michael Moan made a motion, seconded by Al Nani, to recommend the Town Council change the Zoning Ordinance Table of Uses with regard to wind energy facilities. The vote on the motion was all in favor and the motion carried.
Michael Moan stated his concern with developers submitting Comprehensive Permits as opposed to being subject to the increased inclusionary in the conventional application.
Jim D’Ambra questioned whether going to 40% is consistent with the Comprehensive Plan.
Al Nani suggested leaving it at 25% and stated his opinion is that it is not possible to do this increase and retain the quality of life that we have. Mr. Nani added that we have lost the rural nature of the Town and he does not like that the state legislating control away from the local bodies.
Michael Moan made a motion, seconded by John Yoakum, to make a positive recommendation to the Town Council to amend the Zoning Ordinance Section 5.10 e and f “Inclusionary Zoning”.
The vote on the motion was as follows:
Voting In Favor: Members Boyd, Colavecchio, D’Ambra, Lynn, Moan, and Yoakum
Voting In Opposition: Member Nani
Abstaining: None
The vote on the motion being six in favor with one in opposition, the motion carried.
Council Member Michael Iannotti stated that another amendment is with regard to removing the ability for a developer to pay a fee in lieu of building the affordable units.
Michael Moan made a motion, seconded by John Yoakum, to make a positive recommendation to the Town Council on recommended changes to Zoning Ordinance Section 5.10 j, k, l, m, and n “Inclusionary Zoning” j, k, l, m, and n. The vote on the motion was all in favor was as follows:
Voting In Favor: Members Boyd, Colavecchio, D’Ambra, Lynn, Moan, and Yoakum
Voting In Opposition: Member Nani
Abstaining: None
The vote on the motion being six in favor with one in opposition the motion carried.
Soil Erosion Committee
Michael Moan made a motion, seconded by Catherine Lynn, to table nominations for the Soil Erosion Committee. The vote on the motion was all in favor and the motion carried.
Michael Moan made a motion, seconded by Catherine Lynn, to adjourn the meeting at 9:10 p.m. The vote on the motion was all in favor and the motion carried.
Respectfully submitted,
Donna A. Corrao, Recording Secretary