NEW BUSINESS

STILLWATER DISTRIBUTION - (ID#: 22-01) Public Hearing

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 approve the Preliminary 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.

f.    The Board may vote to have the Final Plan approval be handled administratively.

Attorney Michael Kelly represented the applicant stating they submitted an application to RIDEM in September of 2022 and recently received a final letter with minor items to be addressed. Atty. Kelly stated that RIDEM will issue public notice in 3 weeks, receive comments and then issue the permit to the applicant. Attorney Kelly stated that the requested waiver is for having these permits in hand as required by the Preliminary Plan checklist but they will still be required to obtain them.

Richard Colavecchio stated his concern with voting on this without these approvals in hand and questioned whether the permit approvals may change the plans before the Board at this time.

Eric Prive, Registered Professional Engineer with Diprete Engineering, stated that they have satisfied DEM engineering concerns but they still have a couple of biological concerns they are addressing which might result in minor tweaks to the sidewalk or signal timing.

Al Nani made a motion, seconded by Ken Orabona, to approve the requested waiver of the physical alteration permit, freshwater wetland alterations permit, and sediment control.  The vote on the motion was all in favor and the motion carried.

Attorney Michael Kelly stated there is a revised Landscape Plan for Route 116 that is subject to RIDOT approval and requested this and all other documents and reports be submitted as part of the record.

Eric Prive reviewed the site plan stating the property is operating as the Smithfield Peat business today.  Mr. Prive stated that there are 3 wetland complexes onsite which have been submitted, approved and verified by DEM.  Mr. Prive stated that soil testing has been conducted onsite and municipal sewer and water are available.  Mr. Prive stated that they are proposing two buildings with each building providing parking spaces that exceed the zoning requirements. 

Eric Prive stated that the stormwater management plan has been provided to DEM and DOT and they are working with DEM for freshwater wetlands permitting to address all comments.  Mr. Prive stated that there was a concern from an abutter at the Master Plan about stormwater coming across the culvert pipes and they have reviewed this and the design shows substantial reductions in stormwater flow.

Mr. Prive gave an overview of the traffic mitigation measures stating that there is a dedicated right turn lane in from Route 295, a dedicated right turn out onto Douglas Pike, a central turn lane on Douglas Pike, and a new dedicated left turn lane from Route 116 into the site.  Mr. Prive stated that they have addressed all technical review committee comments and will continue to work with RIDEM on freshwater wetlands permitting.

Attorney Michael Kelly stated that there was soil containing arsenic on the property and all levels exceeding 7 parts per million have been mixed and compacted onsite.  Atty. Kelly stated that remediation is well underway and RIDEM inspects the site work on a regular basis.

Peter Kilty, representative with Wharton Equity Partners, stated that they have several tenants interested in this project and will reserve the right to build a smaller building for a tenant who may want to utilize the entire property for security purposes.

Michael Moan questioned whether the Wharton group has taken into consideration solar generation and Peter Kilty replied it is typically decided on a tenant-by-tenant basis and it is hard to commit to that at this time.

Richard Colavecchio questioned what the acoustics will be for the rooftop units and Peter Kilty replied they have produced an acoustical pollution study but this again will be based on the type of tenant once that is known.

John Carter, Registered Landscape Architect with offices at 960 Boston Neck Road in Narragansett, reviewed the Landscape Plan stating that there is really nothing onsite of value due to the nature of the existing operations.  Mr. Carter stated that they designed the plans to adhere to the Town’s Landscape Ordinance and have provided evergreen plantings along Route 7, interior plantings along the parking lot, and native plantings along the wetlands area.  Mr. Carter stated that they have provided usable open space to encourage pedestrian use and 5% is the requirement which would be 4.61 acres but have provided 29 acres of open space. 

The public hearing was opened at 7:25 p.m.

Frank O’Connell, Lakeside Drive, stated that there is 50-60 acres that could generate runoff and questioned what absorptive capacity of the site is being removed?  Mr. O’Connell stated his concern with added water from this site going into Georgiaville Pond.  Eric Prive stated that they are required by law to ensure that all stormwater is treated and held onsite.  Mr. Prive added that all calculations will be reviewed by RIDEM’s engineer, RIDOT’s engineer and the Town’s engineer.

Anthony Capo, owner of Fiberglass Fabricators located at 964 Douglas Pike, stated that the applicant never met with him after it was stipulated at the last Planning Board meeting held 14 months ago.  Mr. Capo questioned how much further into his property they are going to extend the drainage pipe.  Eric Prive stated that the extension is due to the widening of the pavement in the area and is located on the applicant’s property.  Mr. Capo stated that this is default engineering and all pipes lead to the basin down the pipe in the middle of his property.  Mr. Capo stated that he has a certified letter from Attorney Kelly stating that Mr. Despres has nothing to do with this pipe.  Mr. Capo stated that Mr. Despres has used this pipe, litigated this pipe and is now incorporating it into his plans.  Mr. Capo requested that the csf be turned back and reset and it should be around 5 csf as a starting point and not 26.9 cfs.  Mr. Capo stated this project is harming his business and he needs some relief.  Attorney Michael Kelly responded that the pipe was installed by RIDOT and Mr. Despres had nothing to do with it.  Attorney Kelly stated that they made best efforts from an engineering point of view to reduce the flow going forward with the pipe that is presently there and Mr. Capo should approach RIDOT to see how it can be mitigated.  Al Gizzarelli questioned whether Mr. Capo has contacted RIDOT or the town prior to this project and Mr. Capo replied that he has contacted both DEM and DOT with his concerns and that it fell on deaf ears.

Michael Kelly requested scheduling a special Planning Board meeting in order to move this project forward since they have some interested tenants. 

The public hearing was left open.

Ken Orabona made a motion, seconded by Al Nani, to continue the application to the June 15, 2023 Planning Board meeting.  The vote on the motion was all in favor and the motion carried.

SUNN BUILDERS - (ID#: 23-02) Informational Meeting (Continued from April 20, 2023)

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 Tim Kane, with offices at Putnam Pike, represented the applicant stating that since the last meeting a site visit with the Board has been held.  Attorney Kane added that they have a positive recommendation from the Town Planner.

The informational meeting was opened and there was no one present from the public to speak to this application.

Michael Moan urged the applicant to make use of the existing conditions to the extent possible to mitigate any engineering problems or drainage problems.  Mr. Moan added that he assumes there will be ongoing coordination with the Town of Johnston.

Richard Colavecchio stated his concern with the building footprint of the retail building being right against the town line and questioned whether there should be a setback from that property line.  Planner Michael Phillips stated that there is not a need for setback relief because it is a political line and not a true property line. 

Brian King, Professional Engineer with Crossman Engineering, stated the retail building had a specific use that will now not be used and going forward the building will be moved 30 feet further from the town line.

Ken Orabona made a motion, seconded by Richard Colvecchio, to approve the master plan based on the evidence presented, marking the Town Planner’s memorandum dated May 8, 2023 as Exhibit #1, based on the Findings of Fact marked as Board’s Exhibit B, recommending that the Zoning Board grant the requested special use permit and variances, and being conditioned upon Zoning Board approval, comments on the project from the Town of Johnston, the applicant notifies the Town of any meetings with RIDOT for traffic mitigation/traffic signals, and providing a 5 foot sidewalk along the access driveway on Route 44.  The vote on the motion was all in favor and the motion carried.

blue feather trail – (ID#: 23-06) Public Hearing

Major Subdivision - Combined Master & Preliminary Plan Review

AP 12 / Lot 54 – 0 Blue Feather Trail

2 Acres (approx.) / 3 Lots / Zone: R-20

Applicant/Owner: Tri Mar Development, LLC

Engineer: Joe Casali Engineering, Inc.

a.   The Board will first address the applicant’s request for waivers of roadway width, right of way width, cul-de-sac geometry and for submission items required pursuant to the subdivision regulations and associated checklist requirements, including a waiver of the freshwater wetland alteration permit and site suitability determination.

b.     The Board may vote to combine Master Plan review and Preliminary Plan.  

c.      If the Board declines to combine Master Plan review and Preliminary Plan, the Board may hold a public informational meeting on the Master Plan, during which the Board will review and discuss the proposed submission with the project proponent and 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.

d.     If the Board votes to combine Master and Preliminary Plan review, it may hold a public hearing, discuss the proposed submission with the project proponent and may approve the Combined Master & Preliminary Plan as submitted, approve with changes and/or conditions, deny the application, or continue the meeting to a future date. The Board may vote to have the Final Plan approval be handled administratively.

e.      The Board may schedule a site visit or waive the requirement.

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 Nicholas Goodier represented the applicant and stated that this hearing was noticed at the Preliminary Plan level and thrust to a major subdivision because waivers are required because Blue Feather Trail is a private road.

Joe Casali, Registered Professional Engineer with Joe Casali Engineering having offices at 300 Post Road in Warwick, stated that they have received a freshwater wetlands permit and State permits outstanding include subdivision suitability determination which is expected within 1 to 2 weeks. Mr. Casali stated that this normally would be a minor subdivision but because they are asking for waivers is thrust to a major subdivision.

Ken Orabaona made a motion, seconded by Al Nani, to combine the Master Plan and Preliminary Plan review.  The vote on the motion was all in favor and the motion carried.

Joe Casali reviewed the site plan and stated this is a proposal for a 3-lot subdivision located in the R-20 zone and having 1.9 acres.  Mr. Casali stated there are wetlands onsite that have DEM setbacks and the applicant is proposing to convey 1,525 square feet to Lot 79 which is owned by the Town.  Mr. Casali stated that the roadway will be 20 feet in paved width and 30 feet in right of way. 

Joe Casali stated they are seeking waivers on roadway width, right of way width, cul-de-sac geometry and from having RIDEM site suitability determination.  Mr. Casali stated that they have received Soil Erosion approval, wetlands approval, and that site suitability, sewer and fire approvals are pending.

John Yoakum questioned the drainage onsite, and Joe Casali replied that RIDEM wants them to mimic the existing conditions as best they can.

Michael Moan questioned whether lots 2 and 3 have any DEM restrictions and Joe Casali replied no but they are amenable to including language in the deed indicating that the houses are in a wetland area and the homeowners cannot clear the entire yard.  Al Gizzarelli noted that the septic site plan will show the limit of disturbance.

Ken Orabona questioned whether the owners will know it is a private road and that they are responsible for maintenance and snow removal and Joe Casali replied the residents will become part of a Homeowner’s Association.

Charlie Boyd questioned whether there will be any lighting on the road and Joe Casali replied they could appeal to the Public Works Department for lighting but because it is a private road the homeowners would be responsible to pay for and maintain it in perpetuity.

Attorney Goodier stated that the applicant has been talking to abutters about upgrades including installing pavement from Indian Run Trail to the cul-de-sac.  The applicant, Scott Ringland, stated he and his partner agreed to pave 15 feet wide on Indian Run Trail and possibly bring water to the end of the road.

Solicitor Scott Levesque marked as applicant’s Exhibit #1 an agreement between the owners of Tri-Mar Development, LLC. and the abutters.

The public hearing was opened at 8:46 p.m. and there being no one present to speak to this application was promptly closed.

James D’Ambra made a motion, seconded by Ken Orabona, to approve the Master Plan and Preliminary Plan application, based on the testimony and evidence presented including Applicant’s Exhibit #1, the Town Planner’s memorandum dated May 11, 2023 marked as Board’s Exhibit #1, the Findings of Fact marked as Board’s Exhibit B, granting the requested waivers on roadway width, right of way width, cul-de-sac geometry and from having RIDEM site suitability determination, being conditioned on an administrative subdivision being prepared with Plat 12, Lot 53, all utility and state permits being submitted at Final Plan, and obtaining RIDEM site suitability approval.  The vote on the motion was all in favor and the motion carried.

Ken Orabona made a motion, seconded by that the Final Plan approval be brought before the Board and not handled administratively.

During discussion of the motion, Michael Moan stated if there is something critical or controversial, he could see that but there is none.

The vote on the motion was as follows:

Voting In Favor:  Members Rotella, Nani, D’Ambra, Orabona

Voting In Opposition: Members Moan, Gizzarelli, Boyd, Yoakum, Colavecchio

Abstaining: None

The vote on the motion being four in favor with five in opposition the motion failed.

WEST RIVER ESTATES – Public Hearing

Comprehensive Permit Application / Major Land Development Project

Request for Reinstatement of Preliminary Plan

AP 24 / Lot 108 – 15 Whipple Road

3.77 Acres (approx.) / 16 Lots / Zone: R-20

Applicant/Owner: Lou Calcagni, III, Limerock Development, LLC

Attorney: Michael D. Resnick, Esq. – KSP Law 

a.     The Board will review and discuss the proposed request for reinstatement of the proposed project with the project proponent.

b.     The Board will conduct a public hearing to receive input on the proposed request. 

c.       The Board may approve the request for reinstatement based on compliance with the conditions as detailed in Section III, Article M. of the Land development and Subdivision Regulations, deny the request, or continue the meeting to a future date.

d.     The Board may vote to have the Final Plan approval be handled administratively.

Solicitor Scott Levesque read the standards of reinstatement to the Board.

Ken Orabona made a motion, seconded by Charles Boyd, to continue this project pending cleanup of the property before they come before the Board for reinstatement of approval.

During discussion on the motion, Solicitor Scott Levesque advised that the Board is dealing with what is before them and that is an application for reinstatement.  Solicitor Levesque stated the Board is well within its rights to discuss the cleanup of the property during deliberation of the project and which can be made a stipulation of any approval.  Al Gizzarelli agreed that the Board should move forward and stipulate cleanup of the property as part of the potential approval.  James D’Ambra stated that the Board would run the risk of violating the applicant’s right to due process.

Ken Orabona rescinded the motion on the floor.

Attorney Michael Resnick represented the applicant on this application for reinstatement which was approved for Master Plan in May of 2019, Preliminary Plan in May of 2021, and Final Plan in June of 2021.  Attorney Resnick stated that the need to request reinstatement is based on the position that construction did not commence within the time as outlined in the Comprehensive Permit Act. 

Attorney Michael Resnick stated that they have submitted an expert report from Robert Rulli, Warren Town Planner, who found that all factors for reinstatement have been met and they have also received a favorable staff report which echoes that all required elements have been met. 

Attorney Resnick stated that the issue is that neither the Comprehensive Permit Act, Land Use Act or zoning define what “construction activities” are.  Attorney Resnick stated that he submitted correspondence that outlined construction activities to staff dating from June 2021 to June 2022 and that he believes satisfies construction activities.  Attorney Resnick added that the applicant spent $65,000 on site work and utility connections which constitutes construction activity.  Attorney Resnick reminded the Board that these approvals were obtained during the pandemic and the applicant is ready to move the project forward.

Charles Boyd stated that the residents want the property cleaned up and Attorney Resnick replied that there was a stop work order issued to the applicant due to a determination that the project approval expired.

Attorney Michael Resnick stated that if the project is not reinstated they will have to start at the beginning of the project which will come back at a higher density but that they don’t want to do that.

Ken Orabona questioned if the project is reinstated when they estimate putting a shovel in the ground and the applicant, Louis Calcagni, replied if it is approved his intent is to break ground in 90 days.

Joe Rotella stated that all the elements of reinstatement have been reviewed by the Planner who determined that all requirements have been met and thinks that a public hearing would be moot.  Solicitor Scott Levesque stated that the act to reinstate is noticed at the Preliminary Plan level and a public hearing is required at the Preliminary Plan stage.

The public hearing was opened at 9:24 p.m.

Ed DeMayo, 75 Whipple Road, stated his concern with 16 lots on 4 acres in the R-20 zone and that he would like to see a lesser number of units.  Mr. DeMayo added that he opposes this project and wants to keep Smithfield rural.

Samantha Walters, 11 Whipple Road, stated that Mr. Calcagni has been helpful but she is concerned with hours and days of construction and with the location of the driveway and whether they need an easement.  Louis Calcagni stated that he gave them a brand new driveway and the property line is at the end of their driveway with the closest utility at least 15 feet away and should be no disturbance.  Mr. Calcagni added that construction hours will be in accordance with the Town’s guidelines.

William Robinson, 37 Fenwood Avenue, stated that he has an issue with Mr. Calcagni knowingly falsified property lines and came on his property and damaged the sprinkler system and wall.  Mr. Robinson stated that he put in a claim to the trench company to find that, at the time of the loss, Mr. Calcagni was not insured.  Attorney Michael Resnick stated that Mr. Calcagni offered to remediate the issue and did not hear anything back.  Attorney Resnick stated that Mr. Calcagni does have a license and insurance and they looked up the wrong company.  Attorney Resnick added that this is a civil dispute and this is not the forum for that but he confirmed with a surveyor that there was no trespass onto their property. 

Josh Wood, Pheasant Ridge Condominiums, requested that the Board reinstate the application so he can look at houses and not a bunch of junk.

There being no one else present to speak to this application the public hearing was closed at 9:35 p.m.

Ken Orabona made a motion, seconded by Charles Boyd, to approve the reinstatement of the application based on compliance with the four conditions for reinstatement; finding the request consistent with the Comprehensive Plan, the Land Development and Subdivision Regulations are substantially the same as at the time of approval, the zoning is substantially the same as at the time of original approval, and the physical conditions are substantially the same with the Final Plan approval being handled administratively and being conditioned upon 30 days to clean the property to remove debris, stumps and rocks before any permits be issued. 

During discussion on the motion, Al Gizzarelli stated he heard the applicant say 90 days for commencement of construction.  Michael Moan noted that when a project is reinstated it goes through the normal timeframe and to require the applicant to commence construction in 90 days is not appropriate.  Solicitor Scott Levesque suggested the approval being conditioned upon cleanup prior to the Final Plan approval or giving him a sufficient amount of time but if he violates the timeframe then he has to come back before the Board.

Ken Orabona agreed to amend his motion to require cleanup of the property within 90 days.  Al Nani seconded the amended motion.

The vote on the motion was all in favor and the motion carried.

Al Nani made a motion, seconded by Ken Orabona, to adjourn the meeting at 10:10 p.m.  The vote on the motion was all in favor and the motion carried.

The next meeting is scheduled for Thursday, June 15, 2023 at 6:00 p.m.

Respectfully submitted,

Donna A. Corrao, Recording Secretary