EMERGENCY EVACUATION AND HEALTH NOTIFICATION

Chairman James D’Ambra read the Emergency Evacuation and Health Notification.

MINUTES: Discuss and approve the December 21, 2023 meeting minutes.

Catherine Lynn requested a change regarding the vote on the minutes to read as “amended” and not as “opposed”.

Al Nani made a motion, seconded by Catherine Lynn, to approve the Planning Board meeting minutes for December 21, 2023 as amended.  The vote on the motion was as follows:

Voting In Favor: Members Boyd, Colavecchio, D’Ambra, Lynn, Moan, Nani, Yoakum

Voting In Opposition: None

Abstaining: Members Bovis, Rotella

The vote on the motion being seven in favor with two abstentions, the motion carried. 

REGULAR AGENDA

OLD BUSINESS

SMITHFIELD VILLAGE - (ID#: 16-008) Request for Extension of Final Plan Approval

Major Land Development

AP 29/Lot 66A, AP 30/Lots 20, 29, 30, 30A, 31(portion of), & 31A, AP 35/Lots 13 & 21

355 Putnam Pike - 27 Acres (approx.)

Zone: Putnam Pike/Esmond Street Planned Development District

Applicant: Churchill & Banks Companies, LLC 

Owner: Stop & Shop Supermarket Company, LLC

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

b.      The Board will vote to approve or deny the extension.

Attorney Joelle Rocha represented the applicant on this request for extension of Final Plan approval stating the project received Final Plan approval in February of 2020.  Attorney Rocha stated that the applicant has been actively trying to sell the property to a developer and that they have an offer in and will likely be back before this Board for some type of modification.  Attorney Rocha stated that over the course of the last year they have performed an Administrative Subdivision, finalized property transfers, demolished Club 44 and attended meetings with the Department of Transportation and Mr. Loffredo regarding a traffic signal.

Angelica Bovis stated that this area has changed significantly over the last four years and thinks having this project start from scratch wouldn’t be a bad thing from the perspective of residents.  Attorney Rocha responded that any modification to the plan will require a DEM modification as well and stated that she thinks this is a good cause standard for an extension.  Attorney Rocha stated that if this project is not approved Mr. Loffredo will not get his project because the traffic signal was not warranted based on this project alone.  Attorney Rocha added that the cost of the applicant’s improvements was $1.2 million in 2020 and will likely be much more now.  Ms. Bovis stated that she does not see good cause due to a lack of a buyer and Attorney Rocha replied that the request is also due to obtaining financing and market conditions.

Michael Moan stated that this project was designed through the development of a special development district made for this property and Attorney Joelle Rocha agreed and stated that the same plan would be allowed by-right.

John Yoakum questioned whether the developer has changed, and Attorney Rocha replied that Churchill and Banks was the developer that permitted the project and after COVID the numbers didn’t work and they pulled out of the project.  Attorney Rocha noted that Stop and Shop is the current owner.

Town Planner Michael Phillips stated there have been no changes in watershed from this project.  Mr. Phillips added that the recent flooding we have had is unprecedented with the number of storms in a row and that this area flooded in 2010 and has been a perpetual problem.

Charlie Boyd questioned what would happen if the Board denies the request and it comes back?  Jim D’Ambra stated the Board should be mindful of what the burden is on the applicant which is to demonstrate whether good cause to warrant an extension has or has not been done.

John Yoakum questioned what if the modifications change the plan dramatically and Town Planner Michael Phillips replied that the zoning district has specific uses and densities and any significant modification would be contrary to the properties zoning and would have to go back before the Town Council.

Joseph Rotella stated the market conditions have changed so much since the approval was granted that they can’t attract a buyer today but there have been efforts made by the applicant to sell the property and thinks they have shown reasonable efforts to move the project along.

Michael Moan made a motion, seconded by John Yoakum, to approve the request for one year extension of Final Plan approval.  The vote on the motion as follows:

Voting In Favor:  Members Colavecchio, D’Ambra, Lynn, Moan, Nani, Rotella, Yoakum

Voting in opposition:  Members Bovis, Boyd

Abstaining:  None

The vote on the motion was seven in favor with two in opposition and the motion carried.

NEW BUSINESS

Consider, Discuss and Act Upon 2023 Land Use Legislation Amendments to the Zoning Ordinance and Subdivision Regulations.

a.      The Board will discuss the legislative amendments with staff and the Town’s planning consultant.  

b.      The Board may vote on certain aspects of the proposed amendments.

c.       The Board may continue the matter for further discussion at a future meeting.

Ashley Sweet, Project Manager with Weston & Sampson, stated that her firm has been charged with working to update the Town’s Zoning Ordinance and Subdivision Regulations to be in compliance with recent legislative amendments that went into effect on January 1^st.  Ms. Sweet reviewed a PowerPoint presentation of the legislative changes with the Board.

Ms. Sweet asked the Board to look at the recommended Local Policy Considerations and if there are any questions to contact her.  Town Planner Michael Phillips stated that he would like to have the Planning Board retain as much control as they can.

APPOINTMENTS:  Soil Erosion Committee

The Board agreed to have an email sent out when the Soil Erosion Committee is meeting and at that time enlist a volunteer from the Board to attend the meetings.

Joseph Rotella made a motion, seconded by Catherine Lynn, to adjourn the meeting at 8:10 p.m.  The vote on the motion was all in favor and the motion carried.

The next meeting is scheduled for Thursday, February 15, 2024 at 6:00 p.m.

Respectfully submitted,

Donna A. Corrao, Recording Secretary