Town of Smithfield

Planning Board

 

64 FARNUM PIKE              ESMOND, RHODE ISLAND 02917

 

June 20, 2024

Meeting Minutes

 

Members Present:     Angelica Bovis, Charles Boyd, Richard Colavecchio, James D’Ambra, Michael Moan, Al Nani, Joseph Rotella, John Yoakum

Members Absent:      Catherine Lynn (excused)

Others Present:         David Ursillo, Assistant Town Solicitor

 

 

Chairman James D’Ambra opened the June 20, 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 May 16, 2024 meeting minutes.

 

Angelica Bovis made a motion, seconded by John Yoakum, to approve the May 16, 2024 meeting minutes as amended.  The vote on the motion was all in favor and the motion carried.

 

 

REGULAR AGENDA

 

NEW BUSINESS

 

365 GEORGE WASHINGTON HIGHWAY LLC - (ID#: 24-01) Public Hearing for Unified Development Review

Minor Land Development – Preliminary Plan Review

AP 48/Lot 49 – 365 George Washington Highway

1.65 Acres (approx.)/Zone: Light Industrial/Economic Growth Overlay

Applicant/Owner: 365 George Washington Highway, LLC

Engineer: Verdantas

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.

 

Jared Nunes, 10 Kristen Drive, stated he is seeking relief from the side yard and front yard setback requirements to develop a single use commercial building and a warehouse area to house his business. Mr. Nunes stated that he submitted a wetlands permit to RI DEM and has received no comments.

 

The public hearing was opened at 6:07 p.m. and there being no one present to speak to this application was promptly closed.

 

Angelica Bovis made a motion, seconded by Al Nani, to approve the requested the 25’ side yard setback relief and 75’ front yard setback relief being due to the unique characteristics of the land and as a result of a hardship not being a result of the applicant and not altering the character of the surrounding area.  The vote on the motion was all in favor and the motion carried.

 

John Yoakum made a motion, seconded by Angelica Bovis, to approve the Preliminary plan being conditioned upon receipt of the RI DEM wetlands permit and Final Plan approval being handled administratively.  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.

 

Patrick Scavitti stated he was appearing on behalf of the applicant Kevin Clynes. Mr. Scavitti stated that the proposal is for a 3-lot subdivision seeking frontage relief on two of the lots with the third lot being deeded to the Town as open space.  Mr. Scavitti stated that there is a sewer easement on Lot A, septic on Lot B, and Lot C is being donated to the town.

 

Angelica Bovis questioned the driveway positioning for the lots and Mr. Scavitti replied it was a cattle road but that they are building a cul-de-sac for fire apparatus to have a turn around with an access easement over the lots.

 

Charlie Boyd questioned the width of the easement and Solicitor David Ursillo replied that it has to be 25’ in width and there will need to be agreement on expansion of the easement from all of the people who share that easement.  Mr. Boyd stated that he would like to have a site walk due to a potential grading issue for the Fire Department. Mr. Scavitti stated that he was told that the Fire Department can get sufficient vehicles out there to suppress fires.

 

Angelica Bovis suggested holding off on a site walk until permission from the abutters is granted because, if it is not granted, the whole project will need to be modified.

 

Jim D’Ambra stated his concern with the change in use but if the easement is given to the entire lot then it is not an afront unless the use is changed. 

 

The public hearing was opened at 6:29 p.m.

 

James Brucker, 75 Woodland Avenue, stated that he tried to subdivide his property twenty years ago and the Town denied it and he has more acreage than the applicant.  Mr. Brucker stated he is also concerned with the plan altering his property line.  Mr. Brucker stated that he would like the Fire Department to be involved because there was a house previously on Lot A that was burnt down. 

 

Thomas Johnson, 82 Woodland Avenue, stated that the surveyor also moved his property lines from where they were when he purchased his property.  Mr. Johnson also stated his concern with having no fire protection in this area.

 

Raymond Church, 16 and 20 East Prospect Street, stated his concern with the previous house having burnt down.

 

Lisa Church, 16 and 20 East Prospect Street, Lisa stated her concern with the applicant expanding the scope of the original easement which runs through their property.

 

Scott Ringland, 8 Tristan Court, stated he is one of the abutters and thinks this will be a good project but suggested the developer outreaching to the owners of 20 East Prospect in order for this project to go forward. Mr. Ringland stated that he thinks this will be a nice project but everyone should agree to expand the use of the easement.

 

Angelica Bovis made a motion, seconded by Joseph Rotella, to continue the application to the July 18, 2024 meeting for further evidence and keeping the public hearing opened.  The vote on the motion was all in favor and the motion carried.

 

 

MOWRY HILL COMMONS (ID# 18-007) – Recommendation on Minor Modification

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.

 

Planner Michael Phillips gave an overview of the project stating it was originally proposed as a mixed-use development with 3 off-site LMI units.  Mr. Phillips stated that the developer wants a modification to eliminate the residential component but is still a mixed-use of commercial and office uses.  Mr. Phillips stated that he deems it to be a minor modification because the project is being scaled down, but he is seeking a recommendation from the Board on whether it is major or minor. 

 

Michael Moan stated that he respectfully disagrees with the Planner because this was previously a residential/commercial project and that there was a lot of discussion with neighbors who were concerned with commercial uses.  Mr. Moan added that now the project is being proposed as all commercial and he has a concern with the potential uses and thinks this is a major change.

 

Angelica Bovis stated that she thinks this a positive change, being less controversial having less traffic and does not think it is a major change.

 

Jim D’Ambra stated there are differing opinions among the Board members and where there is a grey area thinks the Board should err on the side of caution and not allow administrative approval. 

 

Richard Colavecchio made a motion, seconded by Michael Moan, that this request is a major modification to the plan. 

 

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

Voting in Opposition: Members Bovis and Boyd

Abstaining: None

 

The vote on the motion being six in favor with two in opposition, the motion carried.

 

 

THE CAROLINA DEVELOPMENT  Formerly Helping Hands) (ID# 22-06)

Comprehensive Permit Application/Minor Subdivision Project Final Plan Review

AP 25 / Lot 133 – 29 Leland Mowry Drive

.745 Acres (approx.)/4 Lots/R-20 Zone

Applicant/Owner: La Nona Construction, LLC

Engineer: Tim J. Behan, P.E., Commonwealth Engineering 

 

Timothy Behan, Professional Engineer, represented the applicant stating they were last before the Planning Board in May of 2023 for Preliminary Plan approval and are here tonight seeking Final Plan approval. Mr. Behan stated that the Preliminary Plan approval was conditioned on moving a retaining wall and driveway location to enable cars to backup and exit headfirst.  Mr. Behan stated the proposal is for 4 dwellings being serviced by public water and sewer and that the RI DEM wetlands jurisdiction permit is in hand.

 

Joseph Rotella made a motion, seconded by Al Nani, to approve the Final Plan.  The vote on the motion was all in favor and the motion carried.

 

 

Joe Rotella made a motion, seconded by Angelica Bovis, to adjourn the meeting at 7:14 p.m.  The vote on the motion was all in favor and the motion carried.

 

 

The next regular meeting is scheduled for Thursday, July 18, 2024 at 6:00 p.m.

 

 

Respectfully submitted,

 

Donna A. Corrao, Recording Secretary

 

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