OLD BUSINESS

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.

The owner Kevin Clynes, 46 Bernet Road in Warwick, stated he owns a piece of land on East Prospect Street that he wants to subdivide and that he has met with the Town Planner, Engineering, Building Official and Fire Department.  Mr. Clynes noted that the Fire Department requested a cul-de-sac and the project was redesigned, upgraded and improved for everyone’s betterment with regard to safety and snow plowing.

Kevin Clynes stated that there was a question at the last meeting about the size of the easement and that the Town Planner found a grandfathered document that shows the easement is 25 feet. Mr. Clynes stated that 3 out of 4 abutters have submitted notarized releases that were submitted into the record. Michael Moan stated his concern that one of the releases is not notarized or witnessed. Jim D’Ambra stated that not having the fourth person agree may be a problem for the Board.

Richard Colavecchio stated his concern that the existing easement on the plan is 20 feet and the applicant stating it is now 25 feet and whether the applicant needs the fourth abutters agreement. Jim D’Ambra stated that the initial easement was intended for one parcel and by making two parcels the applicant is changing the nature of the easement and thinks the applicant needs all parties to be on board. Mr. D’Ambra also questioned whether, given that the easement runs across town property, we need Town Council approval.  Assistant Solicitor David Ursillo stated that he thinks this Board, as part of approving this development, would be approving the easement.

The public hearing was opened at 6:22 p.m.

Lisa Church, 16 East Prospect Street, stated that trash pickup and snow removal are not supposed to service this road as the easement is just a pass through. Ms. Church stated there is no legal record establishing this easement and her deed description does not reference the easement.  Ms. Church stated she would not object to what is originally there just the expansion of the easement and submitted nine photos collectively marked as Abutters A-1. Ms. Church added her concern that two of the three abutters that signed the release do not live at the properties.

The Town deed which references the easement was entered into the record as Town Exhibit 1 and the Town Memorandum of Agreement was submitted as Town Exhibit 2.

Raymond Church, 16 East Prospect Street, stated his concern with the unsigned and unnotarized agreement.

There being no one else to speak to this application, the public hearing was closed at 6:53 p.m.

Joe Rotella made a motion, seconded by Al Nani, to continue this application to the next meeting on August 15, 2024.  The vote on the motion was all in favor and the motion carried.

NEW BUSINESS

DRG REALTY, LLC - (ID#: 24-03)

Minor Land Development – Pre-Application Review

AP 40 / Lots 442 and 249, AP 41 Lots 1 and 2 – 365 George Washington Highway

.46 Acres (approx.)/Zone: Commercial/R-MED

Applicant/Owner: DRG REALTY, LLC

Engineer: Sam Hemenway, P.E. Garofalo & Associates

a.     The Board will review the submission with the applicant and provide input for future review stages.

Doug McLean, on behalf of DRG Realty, LLC., stated the applicant is looking to redevelop the site by demolishing the existing structure and building a restaurant with cigar lounge which is allowed by right in this zone. Mr. McLean stated the project will be classified as a unified development review with seeking dimensional relief on side setback and relief on a commercial development within 100 feet to a residential zone.

Michael Moan questioned why not reconfigure the location of the building to request less relief. Doug McLean replied the owner is trying to take advantage of the existing foundation.  Mr. Moan suggested an L shaped building and Mr. McLean stated there is an OWTS system that needs to be considered and viewshed to the residential structure.

Catherine Lynn questioned the location for snow removal and dumpster location and Mr. McLean replied they will have those designs at the Preliminary Plan submission.

Jim D’Ambra stated the key issue is getting the abutting residential owner in agreement to the project.

Frank Simonelli, 113 Austin Avenue - (ID#: 24-04)

Minor Subdivision – Pre-Application Review

AP 47 Lots 56 - 113 Austin Avenue

9.48 Acres (approx.) / R-80

Applicant/Owner: Frank Simonelli, Sr.

Engineer: Advanced Civil Design, Inc.

a.   The Board will review the submission with the applicant and provide input for future review stages.

The applicant was not present to speak to this application.

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

1. The Board will discuss the legislative amendments with staff and the Town’s planning consultant.  
2. The Board may make a recommendation to the Town Council on adoption of the proposed amendments
3. The Board may continue the matter for further discussion at a future meeting.

Ashley Sweet, with Weston & Sampson, stated she is here to review amendments to “Adoption and Amendments” and “Comprehensive Permit” sections of the Zoning Ordinance.

Ashley Sweet stated that the “Adoption and Amendment” section was amended to be consistent with State changes to notice requirements.

Ashley Sweet stated that the “Comprehensive Permit” section has changes made to be consistent to State Law including a new definition for an adjustment of a comprehensive permit as well as changes and additions to definitions.

Joseph Rotella made a motion, seconded by Al Nani, to recommend the Town Council adopt the amendments to “Adoption and Amendment” and “Comprehensive Permit” section of the Zoning Ordinance, requesting that each Board member receive a copy of the adopted ordinances, and an updated completed copy of the amended Zoning Ordinance.  The vote on the motion was all in favor and the motion carried.

Catherine Lynn made a motion, seconded by Al Nani, to adjourn the meeting at 7:43 p.m.  The vote on the motion was all in favor and the motion carried.

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

Respectfully submitted,

Donna A. Corrao, Recording Secretary