OLD BUSINESS

MOWRY HILL COMMONS (ID# 18-007) – Public Hearing

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.

c.   The Board may approve the modified 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 Casali Engineering having offices at 300 Post Road in Warwick, represented the applicant stating they are here for a minor plan modification to the approved Preliminary Plan. Mr. Casali stated that the previous approval was for a mixed-use development and the applicant is now proposing two 12,000 square foot retail/commercial buildings with flex trade space.

Catherine Lynns stated her concern with the change to the driveway location to the middle of the property and Fire Department turnaround. Joe Casali replied that the location change has gone through TRC review but he will ensure the Fire Department is satisfied.

The public hearing was opened at 6:09 p.m.

John Emin, 7 John Mowry Road, stated his property is adjacent to this proposal and is concerned with bright lights shining in at night but that the developer has informed him this will not be an issue.

Gary Tikoian, 155 George Washington Highway, stated he is an abutter to this project and that he has no issues with this proposal.

There being no one else present to speak to this application, the public hearing was closed at 6:11 p.m.

Angelica Bovis made a motion, seconded by Al Nani, to approve the modified Preliminary Plan, marking the Town Planner’s memorandum as Exhibit A, and the Final Plan approval is to be handled administratively. The vote on the motion being all in favor the motion carried. (Board Member Charles Boyd arrived at the meeting after the vote on the minutes was taken.)

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 or continue the meeting to a future date.

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.

Attorney Tim Kane, having offices at 627 Putnam Pike in Greenville, represented the applicant stating the proposal is for a 3-lot subdivision on Old County Road.  Atty. Kane stated that the applicant is requesting waivers from roadway width and lot size on proposed Lot 1.

Joe Casali, Professional Engineer with Casali Engineering having offices at 300 Post Road in Warwick, reviewed the four waivers and one variance being requested with the Board.

Angelica Bovis questioned whether there were any changes made to the plan with regard to the drainage and grading issues discussed at the last meeting and Joe Casali replied that nothing has changed.

Michael Moan stated that the Fire Department indicated a concern on the TRC report with the uphill grade and Joe Casali replied 10% grade with Fire Department’s permission meets the threshold allowable in the Subdivision Regulations.

Town Planner Michael Phillips stated that he is suggesting a peer review of the civil engineering design.

Charles Boyd stated that, at the site walk, it was discussed about putting plantings along the property line.  Joe Casali stated that the applicant will agree to providing arborvitae.  Catherine Lynn requested Green Giant arborvitae specifically. Mr. Boyd also stated his concern with the grade.

Catherine Lynn stated her concern with blasting affecting drainage and water flow and that she would like to see a pre-blast survey. Joe Casali stated that, if there is a need to blast, they will file a permit with the State Fire Marshal and will conduct a pre-blast survey. Ms. Lynn questioned whether they were okay with providing a bond for blasting and Mr. Casali replied yes.

Angelica Bovis stated that she has safety concerns with potential impact on the abutting neighbors from the steep grade.

Joe Casali stated the benefits from the project are that the applicant is paying for the repair of the culvert and that the Town, RIDEM, and RIDOT permits will not allow any increase in runoff to the state highway system.

The public hearing was opened at 6:42 p.m.

Matthew Fague, 247 Old County Road, submitted pictures to the Board and correspondence that he submitted to RIDOT which were marked as Exhibit 1. Mr. Fague stated that the slope is quite steep and is concerned with fire trucks getting up the hill. Mr. Fague stated that he ran into ledge when he built his house and that he is concerned with water coming down onto Old County Road and questioned where it is going to go? Mr. Fague requested that mature trees be planted along the property and that Lot 1 is subpar. 

Jane Testa, 282 Old County Road, stated she is concerned with flooding and drainage in the area and that RIDOT has indicated that the work through Boyle & Fogarty is satisfactory but that it is not. Ms. Testa stated her concern with any impact from taking more trees down and that impact on water runoff.

Mary Campbell, 278 Old County Road, stated the Boyle & Fogarty project did not solve the problem and that the water is coming from behind her house on the paper road. Ms. Campbell stated that trees hold a lot of water and shared her concern with their removal.

John Mangassarian, 2 Dinaro Drive, stated he is surprised that no modifications to the plan were made from the last meeting and that he is concerned with safety and people driving into the culvert, any additional water will exacerbate icing on the roadway, and water will end up in their basements.

Monique Hazard, 3 Dinaro Drive, stated her concerns with water and safety and requested the installation of sidewalks.

There being no one else present to comment, the public hearing was closed at 7:08 p.m.

Angelica Bovis summarized the contingencies for the next meeting: a peer review of the engineering, the culvert being fixed, tree planting, a blasting survey, and Fire Department approval of the grade.

John Yoakum made a motion, seconded by Catherine Lynn, to continue the application to the October 17, 2024 meeting. The vote on the motion was all in favor and the motion carried.

EARL GREY ESTATES ‘Tea Lots’ - (ID#: 19-005) Request for Extension of Master Plan Approval

Major Land Development Project

AP 40 / Lots 1-169, 179-200, 208-235, 241-271, 274-298, 300-329, 333-360, 364-382, 389-414, 416-440 and AP 42 / Lot 139 – Douglas Pike & Ridge Road

43.4 Acres / Zoning District:  Planned Development (PD)

Applicant/Owner: Smithfield Estates, LLC; Earl Grey Estates, LLC

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

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

Attorney Andrew Blais represented the applicant stating they are requesting a one-year extension of Master Plan approval granted in 2020 and since that time they have received two by right extensions.  Attorney Blais stated they are requesting the extension for good cause and have conducted a comprehensive survey, and the new wetlands regulations resulted in minor changes to the plan. Attorney Blais stated that the applicant would like time to meet with the Town Planner to review those minor changes to the plan and that the owners were working with a potential buyer who has since walked away.

Andrew Parsons, President of Smithfield Estates, stated that they acquired the property after a long litigation process and due to changes in the regulations has resulted in a modified plan. Town Planner Michael Phillips stated that he has seen a revised plan, and the applicant has worked towards sewer versus septic and concurs the applicant has been working on the plan.

During public comment, Paul Sarabian, stated he is the owner of the abutting property at 0 Douglas Pike, and he would like it known that there is a construction company going in next to this proposed residential property. Mr. Sarabian also requested an ample buffer, sound deafening, and access for his property from the applicant.

John Yoakum made a motion, seconded by Al Nani, to grant the requested extension of master plan approval. The vote on the motion was as follows:

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

Voting In Opposition: Member Moan

Abstaining: None

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

AUSTIN AVENUE – (ID#: 24-07) 

Minor Subdivision – Pre-Application/Concept Review

AP 47 / Lot 56 – 113 Austin Avenue

10 acres (approx.) / 3 Lots (proposed)/ Zone: R-80

Applicant/Owner: Frank Simonelli

Engineer: Advanced Civil Designs Inc.

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

The owner/applicant Frank Simonelli stated that he is seeking concept review and comments from the board on a proposed subdivision.

Town Planner Michael Phillips stated that the proposal is for two additional lots to be subdivided off of Austin Avenue. Mr. Phillips stated that the project will be serviced by septic systems, town water, and will be seeking waivers.

THE BOARD ROOM (95 DOUGLAS PIKE) – (ID#: 24-08)  PUBLIC HEARING

Requests for dimensional relief including: front, rear and side yard setback, as well as the setback distance from a residential zone will be considered by the Planning Board.

Minor Land Development - Preliminary Pan Review

AP 40 / Lot 442 & AP 40/Lot 249 – 95 Douglas Pike

.2 acres (approx.) & .14 acres/2 Lots / Zone: C

Applicant/Owner: DRG Realty LLC

Engineer: Garofalo & Associates

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.

Attorney John Shekarchi represented the applicant stating this is a unified development application involving demolition of the existing structure and building a cigar lounge in its place. Attorney Shekarchi stated this is an allowed use in the commercial zone and the applicant is seeking dimensional relief from side, front and rear yard setbacks

Sam Hemenway, Professional Engineer with Garofalo & Associates, stated the building location was shifted at the request of the Board during the Master Plan review.  Mr. Hemenway stated the building is operating as a commercial business with an existing drive on Douglas Pike having 78 parking spaces. Mr. Hemenway stated they have submitted an application to RIDOT for a determination that filing a PAP permit is not required because of the change of use.

The applicant Domenic Grieco stated that he offered a well-defined buffer zone to the residential property behind the property and has met with the abutter on site and believes he has addressed all of the concerns he had. Mr. Grieco added that he is not proposing any entertainment to be held at the property.

The public hearing was opened at 8:03 p.m. and there being no one present to speak to this application was promptly closed.

John Yoakum made a motion, seconded by Catherine Lynn, to approve the Preliminary Plan incorporating the Town Planners memo, approving the requested dimensional relief on side, rear, and front yard setback, submittal of RIDOT PAP at Final Plan, and with Final plan Approval being handled administratively.  The vote on the motion was as follows:

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

Voting In Opposition: Member Colavecchio

Abstaining: None

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

Angelica Bovis made a motion, seconded by Al Nani, to adjourn the meeting at 8:06 p.m.  The vote on the motion was all in favor and the motion carried.

The next regular meeting is scheduled for Thursday, October 17, 2024 at 6:00 p.m.

Respectfully submitted,

Donna A. Corrao, Recording Secretary