OLD BUSINESS

DRG ACRES - (ID#: 23-09) Informational Meeting

Major Subdivision – Master Plan Review

AP 42/Lot 64 – 332 Douglas Pike

8.2 Acres (approx.)/4 Lots/Zone: R-80

Applicant/Owner: DRG Realty, LLC

Engineer: Garofalo & Associates, 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 make a recommendation to the Town Council on the requested zone change.

f.     The Board may make a recommendation to the Zoning Board of Review on the requested dimensional relief.

g.   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.

Sam Hemingway, Engineer with Garofalo & Associates, Inc. of Providence, represented the applicant stating that they have revised the site plan to comply with the underlying zoning but the result is the lots have less lot frontage.  Mr. Hemingway stated that they have reconfigured the lots to address issues with the shared access driveway and have added a hammerhead turnaround for fire apparatus.

The public hearing was opened at 6:08 p.m. and there being no one present to speak to this application was promptly closed.

Richard Colavecchio questioned whether the Fire Department requested the hammerhead turnaround and Sam Hemingway replied that the Fire Department brought it up at the Technical Review Committee meeting as a suggestion.

Joe Rotella made a motion, seconded by Richard Colavecchio, to approve the Master Plan application with a positive recommendation to the Zoning Board, granting the requested waivers and variances from the Subdivision Regulations, and incorporating the Town Planners memorandum dated October 10, 2023 and supporting documents into the record.  The vote on the motion was all in favor and the motion carried.

NEW BUSINESS

SLEBODA SUBDIVISION - (ID#: 21-01) Public Hearing

Major Subdivision – Preliminary Plan Review

AP 42 / Lot 14 – 169 Whipple Road

14.76 Acres (approx.)/3 Lots/Zone: R-80

Applicant / Owner: Daniel & Susan Sleboda

Engineer: Timothy Behan, P.E. - Commonwealth Engineers & Consultants, 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 John Restivo, with DarrowEverett, stated that the applicant is seeking Preliminary Plan approval subject to Soil Erosion approval being granted.

Timothy Behan, Professional Engineer with Commonwealth Engineers & Consultants in Providence, reviewed the site plan stating that the request is for a 3-lot subdivision on Whipple Road to be serviced by private wells and septic systems. 

The public hearing was opened at 6:21 p.m.

Robert Leach, Chair of the Historic Preservation Commission, stated there is significant alteration of stonewalls and wetlands that was not done by this applicant and that the Historic Preservation takes no exception to this project.

There being no one else present to speak to this application, the public hearing was closed at 6:22 p.m.

Michael Moan questioned the RIDEM subdivision suitability approval and Timothy Behan replied that preliminary subdivision suitability has been granted for the subdivision and once approved by this Board they will return for RIDEM for approval on each individual lot. 

James D’Ambra questioned the tree planting plan and Timothy Behan replied that RIDEM dictated the location of much of the plantings.  Planner Michael Phillips added that tree plantings are typically recommended for developments on public roads but since this is a private road it is at the discretion of this Board.

Richard Colavecchio questioned whether there is a fire cistern and Attorney Restivo replied that in lieu of a cistern the Fire Department has indicated that residential sprinkler systems will be acceptable and that is their intent.

Michael Moan made a motion, seconded by Joseph Rotella, to approve the Preliminary Plan granting the waivers on road width and cul-de-sac width, incorporating the Town Planner’s memo dated November 6, 2023, Exhibit B1 Findings of Fact, and supporting documents into the record, being conditioned on compliance with the stonewall ordinance and a soil erosion permit being submitted at Final Plan and with the Final Plan approval being handled by the Administrative Officer.  The vote on the motion was all in favor and the motion carried.

WEST GREENVILLE RESIDENCES - (ID#: 23-13) Public Hearing

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 they are contemplating a name change to The Residences at Long House.  Attorney Kane stated that this proposal is for 12 residential units having 2 bedrooms with 3 of the units being designated as affordable and having a letter of eligibility from RI Housing. 

Joe Casali, Professional Engineer with Joe Casali Engineering having offices at 300 Post Road in Warwick, reviewed the site plan stating that changes were made due to the historical elements that came up at the Technical Review Committee (“TRC”) meeting.  Mr. Casali stated that old remnant stone foundations and abandoned stone wells were found onsite and are considering a name change with an historic placard placed onsite to recognize the Long House.  Mr. Casali added that the TRC requested extension of sidewalk which will be done, the project will be serviced by sewer and water and have dark sky compliant lighting.  Mr. Casali noted the zoning relief they are requesting is front yard setback, side yard setback, rear yard setback, road width and length of cul-de-sac.

The public hearing was opened at 6:50 p.m.

Robert Leach, Chair of the Historic Preservation Commission, reviewed the historic nature of the site stating, although the site is historically significant, that he thinks they can work in good faith with the applicant.  Michael Moan questioned whether there is any State historic review required and Mr. Leach replied that he does not believe the State will require an archaeology study but that he is still waiting to hear back from them.  Charles Boyd questioned the removal and stockpiling of stonewalls and Joe Casali replied that no stonewalls are being removed in this plan.  Mr. Casali added that, although the property is not in a historic district, they recognize the historic elements and, at the expense of the applicant, have redesigned the plan.

There being no one further to speak to this application the public hearing was closed at 7:09 p.m.

Charles Boyd questioned whether there is a bus stop, sidewalk and crosswalk and stated his concern with the project not being walking distance to a downtown center which is a mile from the development.  Planner Michael Phillips reviewed the criteria of the Comprehensive Permit stating that this project meets most of the criteria.  Mr. Boyd questioned if a traffic study is warranted and Planner Phillips replied that, given the size of the project, he does not think a full traffic study is necessary but at the Preliminary Plan stage he would like to see a letter from a traffic engineer addressing any safety concerns.  Joe Casali stated that they will submit to RIDOT for a physical alteration permit and they will review the traffic flow at that time.

Angelica Bovis requested continuity of the sidewalks for pedestrians and Joe Casali replied that they are adding sidewalks adjacent to the project.

Charles Boyd stated his concern with the basins not being connected to any storm drains and Joe Casali replied there are no storm drains in this area but they will mimic the existing conditions and all water will be intercepted to the ponds, detained and metered.  Mr. Boyd questioned whether there will be any blasting and Mr. Casali replied if there is any blasting they will seek a permit from the State Fire Marshal.

Michael Moan stated his experience working with RIDOT reviewing archaeological permits and requested information from the applicant on applicability for State permits for historic and archaeological issues.

Joseph Rotella made a motion, seconded by Richard Colavecchio, to continue the application to the December 21, 2023 meeting in order to schedule a site visit of the property on Saturday, December 9^th at 9:00 a.m.  The vote on the motion was all in favor and the motion carried.

WILLIAMS ROAD – (ID#: 23-10) Public Hearing

Major Subdivision – Preliminary 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 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.

Joe Casali, Professional Engineer with Joe Casali Engineering having offices at 300 Post Road in Warwick, reviewed the site plan for this request for Preliminary Plan approval for a 2-lot subdivision located on Williams Road.

Joe Casali stated that it is their opinion that the existing barn onsite is unsafe and economically infeasible but that they will work with the town’s Historic Preservation Commission to shore it up.  Mr. Casali stated that the stonewalls onsite will preserved, will convert the existing cesspool to a septic system, the Zoning Board has granted frontage relief, Attorney Kane drafted an Indemnification Agreement as requested by this Board, and are requesting Final Plan approval be be delegated to the Town Planner.

The public hearing was opened at 7:45 p.m.

Robert Leach, Chair of the Historic Preservation Commission, stated they conducted a lot of research on this property and he is concerned about maple tree preservation.  Mr. Leach stated that he does not want to hold up the subdivision but wants to ensure that due consideration is given to the barn and that he does not want to see it destroyed.  

There being no one else present to speak to this application was closed at 7:53

Joseph Rotella made a motion, seconded by Charles Boyd, to approve the Preliminary Plan incorporating the Town Planner’s memo dated November 8, 2023 and supporting documents into the record, being conditioned on the owner allowing the Historic Preservation Commission (the “HPC”)to access the property and cooperation with the HPC, the Tree Warden being consulted regarding viability of the trees located in the Town right of way, proof an up to date septic system, an Indemnification Agreement being provided to and approved by the Town, and delegating Final Plan approval to the Town Planner.  The vote on the motion was all in favor and the motion carried.

RUBIUS THERAPEUTICS – Second Request for Extension of Master Plan Approval

AP 49/Lot 78 – 30 Hanton City Road

15.55 Acres (approx.)/PCD-B Zone

Applicant/Owner: DIV Technology Way, LLC - The Davis Companies (Previously Rubius Therapeutics, Inc.)

Engineer: Joe Casali Engineering, Inc.

a.   The Board will conduct the project’s annual review.

b.   The Board will vote on approval of the extension.

Joe Casali, Professional Engineer with Joe Casali Engineering having offices at 300 Post Road in Warwick, stated that the applicant is requesting to have the Master plan approval extended for a second time. 

Joseph Rotella made a motion, seconded by Al Nani, to grant the requested extension of Master Plan approval.  The vote on the motion was all in favor and the motion carried.

REVIEW PROPOSED AMENDMENTS TO THE ZONING ORDINANCE AMENDMENTS

Including: Sections 4.4 Supplementary Use Regulations and 4.3 Table Of Uses of The Smithfield Zoning Ordinance by Adding a new Use Category Entitled “Battery Energy Storage Facility”, amendments that change certain uses that are currently allowed by Special Use Permit to uses that are Prohibited in all Zoning Districts; reference is made to the Zoning Ordinance Table of Uses in Section 4.3 and Section 9.4.8, Table 3-EGO-Land Uses to review any of the currently allowed uses by Special Use Permit in any zoning district as the amendments to change to Prohibited Uses applies to all zoning districts; and amendments that add criteria to certain uses allowed by Special Use Permit. 

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 the proposed Zoning Ordinance amendments relating to battery energy storage facilities and legislative changes that are coming into effect on January 1^st.

Richard Colavecchio stated his concern with not knowing much about the effects of battery energy storage facilities.

Joseph Rotella stated that the ordinance provides safeguards that allow the town’s public safety to have a response plan in place before it can be approved.  Mr. Rotella suggested it is better to have an ordinance in place as opposed to having nothing.  James D’ambra agreed the proposed ordinance is more restrictive than what is currently in place.

Angelica Bovis made a motion, seconded by Joseph Rotella, to recommend that the Town Council adopt the Zoning Ordinance amendments proposed for Article 4.3 “Land Use Table” and Article 4.4, and Section 9.4.8, Table 3-EGO-Land Use.  The vote on the motion was as follows:

Voting in Favor: Members Bovis, Boyd, D’Ambra, Moan, Nani, Rotella, and Yoakum

Voting In Opposition: Member Colvecchio

Abstaining;  None

The vote on the motion being seven in favor with one abstention the motion carried.

Al Nani made a motion, seconded by Angelica Bovis, to adjourn the meeting at 8:34 p.m.  The vote on the motion was all in favor and the motion carried.

The next meeting is scheduled for Thursday, December 21, 2023 at 6:00 p.m.

Respectfully submitted,

Donna A. Corrao, Recording Secretary