| | Town of Smithfield Planning Board 64 FARNUM PIKE ESMOND, RHODE ISLAND 02917 August 15, 2024 Virtual Meeting Minutes |
Members Present: Angelica Bovis, Charles Boyd, Richard Colavecchio, James D’Ambra, Catherine Lynn, Michael Moan, Al Nani, Joseph Rotella, John Yoakum
Members Absent: None
Others Present: David Ursillo, Assistant Town Solicitor
Chairman James D’Ambra opened the August 15, 2024 meeting of the Smithfield Planning Board at 6:00 p.m.
EMERGENCY EVACUATION AND HEALTH NOTIFICATION
Chairman James D’Ambra read the Emergency Evacuation and Health Notification.
MINUTES: Discuss and approve the July 18, 2024 meeting minutes.
Catherine Lynn requested an amendment to the vote on the minutes from the June 20th meeting which included members Bovis and Boyd who were absent.
Joe Rotella made a motion, seconded by Al Nani, to approve the July 18, 2024 meeting minutes as amended. The vote on the motion was as follows:
Voting In Favor: Members Colavecchio, D’Ambra, Lynn, Moan, Nani, Rotella, Yoakum
Voting In Opposition: None
Abstaining: Members Bovis, Boyd
The vote on the motion being seven in favor with two abstentions the motion carried.
Major Subdivision – Public Informational Meeting
AP 42 / Lot 12 – 170 Whipple Road
40.91 Acres (approx.) / 9 Lots / Zone: R-80 (Conservation)
Applicant/Owner: Louie Capital LLC & MAS Capital LLC; CAS Capital LLC & ERS Capital LLC
Engineer: Jeffrey C. Hanson, P.E. – Millstone Engineering, PC
a. The Board will conduct the project’s annual review.
b. The Board will vote on approval of the extension.
Richard Storti represented the applicant stating they are requesting an extension due to the engineer’s health issues but that he hopes to be back before the Board for the next meeting. Planner Michael Phillips stated that the first request for extension is by-right.
John Yoakum made a motion, seconded by Joseph Rotella, to grant the request for one year extension of master plan approval. The vote on the motion was all in favor and the motion carried.
CLynes - 29 East Prospect - (ID#: 24-02 ) Public Hearing for Unified Development Review
Minor Subdivision – Preliminary Plan Review
AP 42/Lot 131 – 29 East Prospect Street
4.25 Acres (approx.)/2 Lots/R-80 Zone
Applicant/Owner: Kevin F. Clynes
Engineer/Surveyor: Canavan & Associates, Construction Surveying, 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. May approve the application for zoning relief as submitted, approve with changes and/or conditions, deny the application or continue the meeting to a future date.
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.
g. The Board may vote to have the Final Plan approval be handled administratively.
Pasquale Scavilitti, representing the applicant, stated that most abutters agree with the project but there is one objector as it relates to the easement. Mr. Scavilitti stated that they tried, to no avail, to work with the objecting abutter.
Attorney John McCoy represented the applicant and stated that he has reviewed the Memorandum Of Agreement and that the original easement is 25 feet in width and originally there were two families having use of this right of way. Solicitor David Ursillo stated his opinion is it is an expansion of what is allowed through the original easement.
James D’Ambra stated he is concerned with a dispute between the applicant and the Churches over whether he is entitled to use the easement. The applicant Kevin Clynes stated he is not looking for expansion of the easement and is just looking to do what has been granted since 1915.
Michael Moan stated there is nothing prohibiting the applicant from building on the one lot and pursuing investigating the easement in the meantime.
Charles Boyd questioned whether the water pressure issue has been resolved and Kevin Clynes responded that his understanding is the Fire Department is satisfied with the project.
Angelica Bovis made a motion, seconded by Joseph Rotella, to reopen the public hearing at 6:23 p.m. The vote on the motion was all in favor and the motion carried.
Raymond and Lisa Church, 16 East Prospect Street, stated they will defer to their attorney for comment with the applicant’s attorney.
There being no one else to speak to this application was promptly closed.
Pasquale Scavilitti made a request to withdraw the application without prejudice.
Major Land Development Project
AP 46/Lot 63 – 150 George Washington Highway
3 Acres/1 Lot/Zone: PC/EGOD
Applicant/Owner: Mowry Development, LLC
Engineer: Joe Casali Engineering, Inc.
a. The Board will review and discuss the proposed submission with the project proponent.
b. The Board will provide a recommendation on the proposed modification.
Town Planner Michael Phillips stated there was a notice issue with this application and it will have to be re-noticed.
Charles Boyd made a motion to reconsider the application and there was no second to the motion. The motion failed. Angelica Bovis stated this item is not on the agenda to be reconsidered at this time.
Angelica Bovis made a motion, seconded by Joseph Rotella, to continue the Mowry Hill Commons public hearing to the next Planning Board meeting on September 19, 2024. The vote on the motion was all in favor and the motion carried.
EMILIA’S WAY (260 OLD COUNTY ROAD) – (ID#: 24-05) PUBLIC HEARING
Minor Subdivision - Preliminary Plan Review
AP 43 / Lot 75 – 260 Old County Road
6.5 acres (approx.) / 3 Lots / Zone: RMED
Applicant/Owner: KLRS Realty 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. May approve the requested for waivers with changes and/or conditions, deny the application
d. or continue the meeting to a future date.
e. The Board may schedule a site visit or waive the requirement.
f. The Board may approve the Preliminary Plan as submitted, approve with changes and/or
g. conditions, deny the application or continue the meeting to a future date.
h. The Board may authorize the Town Planner to prepare a written decision consistent with the
i. Board’s findings of fact and motion for signature by the Chair and subsequent recording.
j. The Board may vote to have the Final Plan approval be handled administratively.
Joe Casali, Professional Engineer with Casali Engineering, reviewed a PowerPoint presentation of the site plan with the Board. Mr. Casali stated the proposal is for a 3-lot subdivision on Old County Road having septic systems and wells with a private road to be maintained by the Homeowner’s Association. Mr. Casali stated they are seeking a zoning variance on lot area on Lot 1 and waivers from the Subdivision Regulations for reductions in width of road, pavement radius, and cul-de-sac length, and are asking that state permits be deferred to the Final Plan.
Charles Boyd questioned the stormwater maintenance agreement with DEM and Joe Casali replied that DEM now mandates knowing who is going to operate and maintain all drainage systems and, in this case, it will be done through a Homeowners Association. Mr. Casali added that either the town or the state can enforce the maintenance agreement once it is filed in the Land Evidence records. Mr. Boyd stated his concern with storage of salt on the property and Mr. Casali replied there will be a third party employed to plow the road.
John Yoakum referred to a Technical Review Committee comment suggesting the repositioning of the houses and Planner Michael Phillips replied he suggested shifting the location of the houses for more rear yard space because of the grade.
Catherine Lynn stated that the drainage issue overfills the trench and creates treacherous ice all the way down the road. Joe Casali stated the culvert is supposed to take the water across Old County Road but it is filled with sand and crushed and is almost at capacity. Mr. Casali stated, if the project is approved, they would bifurcate water flow but the key is getting the culvert operational.
Angelica Bovis stated that she is also concerned with drainage and thinks this should be fixed as part of this project. Ms. Bovis stated she is also concerned with the amount of variance the applicant is asking for on Lot 1 and that she would like some part of the project to go to open space. Ms. Bovis referenced the Fire Department’s concern with the grade of the street and Mr. Casali replied it is steep but is below the maximum allowed and that they will try to reduce it.
John Yoakum stated his concern with adding 20,000 square feet through a variance when the lot is already 40,000 square feet which is already almost an acre of land.
The public hearing was opened at 7:08 p.m.
John Zuluaga, 251 Old County Road stated his concerns with noise from the highway and would like the Board to request a noise pollution study after construction. Mr. Zuluaga also requested a reduction in LED light shed and installation of evergreens. Mr. Zuluaga stated the water drainage issue has been reported to DOT but nothing has been done. Mr. Zuluaga also requested a performance bond.
Matthew Fague, 247 Old County Road, requested a bond be put in place in case the Town does not have the money to fix any additional drainage problems. Mr. Fague stated that the property is very steep and is concerned with water conditions in the area. Mr. Fague stated that Boyle and Fogarty tried to remediate the issues but it was not done the way he thinks it should have been done. Mr. Fague also stated his concern with ledge and blasting and submitted a thumb drive of photos marked as Fague Exhibit #1. Mr. Fague stated his concern with cutting trees down and the effect on noise and view shed of the highway as a result of this project.
John Mangassarian, 2 Dinaro Drive, stated he has contacted DOT with regard to the water issues but they have not addressed his concerns. Mr. Mangassarian questioned where snow removal will go and that he is concerned with this project adding to the water problems. Mr. Mangassarian stated the culvert should be maintained and that he is also concerned with noise from clearing the trees by the highway.
John Fontaine, 4 Dinaro Drive, stated that the area is very wet and if it is cleared a lot more water and noise will be affecting the neighborhood.
John Zuluaga, 251 Old County Road, stated he did not get a letter from the Town notifying him of this project. Solicitor David Ursillo stated that Mr. Zuluaga was on the abutters list and presumably received the letter.
Joseph Rotella questioned whether the applicant can provide a sound repellant buffer at the back of the property to alleviate the abutters concerns with noise. Joe Casali stated that sound attenuation boards will not remedy this issue due to the drop in grade.
Charles Boyd made a motion, seconded by Angelica Bovis, to conduct a site visit on Saturday, September 7th at 9:00 a.m. The vote on the motion was as follows:
Voting In Favor: Members Boyd, Bovis, Colavecchio, D’Ambra, Moan, Nani, Rotella,
Voting In Opposition: Members Lynn and Yoakun
Abstaining: None
The vote on the motion being seven in favor with two in opposition the motion carried.
Angelica Bovis made a motion, seconded by Joseph Rotella, to continue the application to the next Planning Board meeting on September 19th. The vote on the motion was all in favor and the motion carried.
Comprehensive Permit Application / Major Land Development Project – Pre-Application/Concept Review
AP 43 / Lot 076 Old County Road
8.5 Acres / RMED Zone
Applicant/Owner: Kegan Labonte
Engineer: Joe Casali Engineering Inc.
a. The Board will review the submission with the applicant and provide input for future review stages.
Joseph Casali, Professional Engineer with offices at 300 Post Road in Warwick, reviewed a comprehensive permit on Old County Road with the Board. Mr. Casali stated that access will be from an unimproved roadway named Sycamore Road.
Joe Casali presented a Yield Plan yielding 51 total units but stated that the project is proposing 46 total units.
James D’Ambra stated that the key issues with this project will be drainage and sound.
Charles Boyd requested a traffic study.
Richard Colavecchio requested the applicant help mitigate what is happening now with the amount of water coming across the area through the swale.
Angelica Bovis made a motion, seconded by Joseph Rotella, to adjourn the meeting at 8:21 p.m. The vote on the motion was all in favor and the motion carried.
The next regular meeting is scheduled for Thursday, September 19, 2024 at 6:00 p.m.
Respectfully submitted,
Donna A. Corrao, Recording Secretary