| | Town of Smithfield Planning Board64 FARNUM PIKE ESMOND, RHODE ISLAND 02917 February 27, 2025 Meeting Minutes |
Members Present: Richard Colavecchio, James D’Ambra, Al Nani, John Yoakum,
Michael Moan, Charles Boyd, Joseph Rotella, Daniel Sleboda
Members Absent: Catherine Lynn (excused)
Others Present: David Ursillo, Assistant Town Solicitor, Michael Phillips, Town Planner
Chairman James D’Ambra opened the February 27, 2025 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 January 16, 2025 meeting minutes.
John Yoakum made a motion, seconded by Al Nani, to approve the January 16, 2025 meeting minutes as amended. The vote on the motion was as follows:
Voting In Favor: Members Boyd, Colavecchio, D’Ambra, Moan, Nani, and Yoakum
Voting In Opposition: None
Abstaining: Members Rotella and Sleboda
The vote on the motion was six in favor, with two abstentions, and the motion carried.
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<
Engineer: DiPrete Engineering
a. The Board will conduct the project’s annual review.
b. The Board will vote to approve or deny the extension.
Attorney Joelle Rocha, with Duffy & Sweeney, stated that the applicant has a purchaser for the property and they have been working with the town on a draft ordinance amendment to potentially be back before the Board next month.
Jim D’Ambra reviewed Rule 55 establishing the standards for demonstrating good cause with the Board.
Michael Moan questioned why there is a need for an extension since it sounds like it will be a new proposal for the property and Assistant Solicitor David Ursillo replied that he believes it can be reviewed as a major change to Final Plan.
Joseph Rotella made a motion, seconded by Al Nani, to approve request for extension of Final Plan approval. The vote on the motion was all in favor and the motion carried.
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. The Board 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 approve the Preliminary Plan as submitted, approve with changes and/or conditions, deny the application or continue the meeting to a future date.
e. 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.
f. 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 and stated the peer engineering review has been done resulting in a better plan.
Joe Casali, Registered Professional Engineer with Joe Casali Engineering having offices at 300 Post Road in Warwick, stated they addressed the peer review comments on the traffic study and resubmitted an application to RIDOT. Mr. Casali reviewed the waivers being requested to reduce lot size, reduction in width of roadway, slope of roadway, curve radius, waiver on state permits from RIDOT and RIDEM to be presented at Final Plan, Soil Erosion approval, and the requirement to tie into the water line. Mr. Casali noted that part of their application to RIDOT will be to remove and replace the culvert on Old County Road.
Charles Boyd stated that the paperwork on peer review of the traffic report from Crossman still had some unresolved comments. Joe Casali stated that, because of changes to the plan, some of the comments became moot. Michael Moan stated the Board has not seen responses to the new comments from Crossman Engineering and Joe Casali agreed to any approval being conditioned on Crossman signing off on what is acceptable. Attorney Tim Kane clarified that Crossman’s peer review was addressed by Casali Engineering but Crossman has not yet responded to Casali’s comments and suggested a continuance to ensure everything is addressed on paper.
Joseph Rotella made a motion, seconded by Al Nani, to continue the application to the March 20, 2025 Planning Board meeting, keeping the public hearing open, and with the applicant agreeing to stop the timeclock on approval. The vote on the motion was all in favor and the motion carried.
Minor Subdivision - Preliminary Plan Review
AP 44/Lot 73 - 6 Battey Drive
1.66 Acres/R-MED
Applicant/Owner: Robin Tanguay
Engineer: State Line Land Surveyors
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. The Board 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 approve the Preliminary Plan as submitted, approve with changes and/or conditions, deny the application or continue the meeting to a future date.
e. 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.
f. The Board may vote to have the Final Plan approval be handled administratively.
Robin Tanguay, owner and applicant, stated they are looking to subdivide her property and seeking relief on lot size. Ms. Tanguay stated each lot will have a well, septic, and separate driveways.
Town Planner Michael Phillips stated that the applicant is seeking frontage relief of 12.1 feet on Sublot B and 3,935 sq. feet of relief on lot size on both Sublot A and Sublot B.
Robin Tanguay stated it would be a negative effect if the lot is not subdivided and her children could not live on their own, having to carry two mortgages as opposed to having their single-family mortgages, and having to be landlords.
The public hearing was opened at 6:45 p.m. and there being no one present to speak to this application was promptly closed.
John Yoakum made a motion, seconded by Joseph Rotella, to approve the application and granting the requested frontage and area relief demonstrated in the applicant’s testimony of the hardship.
The vote on the motion was as follows:
Voting In Favor: Members Boyd, Colavecchio, D’Ambra, Rotella, Nani, Sleboda, and Yoakum
Voting In Opposition: None
Abstaining: Member Moan
The vote on the motion was seven in favor, with one abstention, and the motion carried.
Minor Subdivision - Preliminary Plan Review
AP 50/Lot 15 - 111 Tarklin Road
5.276 Acres/R-200 Zone
Applicant/Owner: Laura Field-Swallow
Engineer: InSite Engineering
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. The Board 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 approve the Preliminary Plan as submitted, approve with changes and/or conditions, deny the application or continue the meeting to a future date.
e. 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.
f. 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 and stated the applicant is seeking to subdivide the property which was previously subdivided in the 1990’s but the plan was never recorded. Atty. Kane stated the applicant is seeking zoning relief on frontage on one of the lots and square footage relief on one lot.
The owner Laura Field-Swallow stated she is making use of land, not for financial gain, and not creating the hardship for the zoning relief being sought.
Michael Moan stated the applicant is proposing to create two non-conforming lots which goes against the current zoning and the Comprehensive Plan and that he does not see a hardship. Attorney Kane argued that the proposal is consistent with a majority of lots in the surrounding area.
James D’Ambra stated that the Zoning Board heard this application and approved this proposal in 1990’s but an error in the filing of the plan created the hardship for the applicant.
Attorney Kane submitted the Zoning Board resolution recorded in 1992 which was marked as Applicant’s Exhibit A and the unrecorded plan marked as Applicant’s Exhibit B into the record.
Charlie Boyd questioned why the applicant waited so long to come back to subdivide and the owner Laura Field-Swallow replied that her son is in college and she wants him to stay close to home and the subdivision would be to build a home for him.
Town Planner Michael Phillips stated that in 1987 the zoning changed in this area and the property was rezoned to R-200 primarily because of proximity to the Davis Superfund site but which does not run towards this property.
The public hearing was opened at 7:15 p.m. and there being no one present to speak to this application was promptly closed.
Joseph Rotella made a motion, seconded by Al Nani, to approve the subdivision and granting the same relief as granted in the Zoning Board resolution recorded in 1992. The vote on the motion was as follows:
Voting In Favor: Members Boyd, Colavecchio, D’Ambra, Rotella, Nani, Sleboda, and Yoakum
Voting In Opposition: Member Moan
Abstaining: None
The vote on the motion was seven in favor, with one in opposition, and the motion carried.
Minor Subdivision - Preliminary Plan Review
AP 46 / Lot 258 - 49 Williams Road
3.41 Acres / R-MED
Applicant/Owner: John Donovan
Engineer: InSite Engineering
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. The Board 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 approve the Preliminary Plan as submitted, approve with changes and/or conditions, deny the application or continue the meeting to a future date.
e. 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.
f. 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 applicants want to subdivide their property to be able to downsize and remain in Smithfield. Attorney Kane stated that the proposal is in conformance with the area and the applicant is seeking relief on lot frontage and width on both lots.
The owner John Donovan stated that he and his wife are looking to downsize to stay in Smithfield and the proposal is not being done for financial gain.
Richard Colavecchio questioned the location of the driveway. Paul Carlson, with InSite Engineering, stated the existing driveway will remain and a new driveway will be added to access the rear of the property. Mr. Colavecchio stated his concern with how this application is not being done for financial gain. Atty. Kane replied that that the financial gain standard is no longer part of the zoning test for granting relief.
The public hearing was opened at 7:26 p.m.
Matthew St. Louis, 55 Williams Road, stated concerns with water runoff and any negative effects on his property from this proposal. Paul Carlson, with InSite Engineering, stated there will be no surface runoff directed to the north in the area of 55 Williams Road and the proposal will involve the installation of grass swales and underground infiltration systems.
Eric Baanante, 108 Log Road, stated his concern with water runoff and erosion. Paul Carlson, with InSite Engineering, stated the grading of the driveway will be directed toward a series of grass swales and there will be a limited amount of disturbance to the property and remaining a wooded area. Attorney Tim Kane stated the applicant is required to have no net increase in runoff to other properties and Soil Erosion approval is required prior to obtaining building permits.
There being no one else present to speak to this application, the public hearing was closed at 7:37 p.m.
Joseph Rotella made a motion, seconded by Al Nani, to approve the application granting the requested zoning relief on frontage and lot width. The vote on the motion was all in favor and the motion carried.
Minor Subdivision–Preliminary Plan Review
AP 47/Lot 74 - 117 Mapleville Road
6.31 Acres/R-80
Applicant/Owner: Robbie & Donna Keegan
Engineer: Kelly Land Services 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. The Board 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 approve the Preliminary Plan as submitted, approve with changes and/or conditions, deny the application or continue the meeting to a future date.
e. 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.
f. 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 applicant wants to subdivide the property located on Adler Farm for her daughter and is seeking 40 feet of frontage relief.
Briana Keegan, 117 Mapleville Road, stated she wants to carve out a 2 acre lot in order stay in Smithfield, is not creating the hardship that she is seeking relief from, and that she worked with the Adler’s on designing the location of the new lot.
Richard Colavecchio questioned the frontage and Attorney Kane replied that the zoning code allows for a private road to serve as frontage and that the owners have a deeded right of way to their property.
The public hearing was opened at 8:00 p.m. and there being no one present to speak to this application was promptly closed.
Michael Moan questioned why the new lot line was not brought to the back of the property and the owner Donna Keegan responded they stopped it at two acres in order to be able to maintain the property.
John Yoakum made a motion, seconded by Al Nani, to approve the application and granting the requested 40 feet of frontage relief. The vote on the motion was all in favor and the motion carried.
Minor Subdivision - Preliminary Plan Review
AP 25 / Lot 64 - 20 Esmond Street
0.9 Acres / R-20
Applicant/Owner: Lawrence Colaluca
Engineer: InSite Engineering
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. The Board 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 approve the Preliminary Plan as submitted, approve with changes and/or conditions, deny the application or continue the meeting to a future date.
e. 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.
f. The Board may vote to have the Final Plan approval be handled administratively.
Maria Tavarozzi, 3 Apple Orchard Lane, stated there is presently one property with 2 houses on it and they are proposing to split it into two separate properties so she and her sister can each own a property. Ms. Tavarozzi stated that she is seeking frontage and side-yard setback relief.
The public hearing was opened at 8:05 p.m. and there being no one present to speak to this application was promptly closed.
Charlie Boyd made a motion, seconded by Joseph Rotella, to approve the application granting the requested frontage relief, side-yard setback relief, and relief on angle degree. The vote on the motion was all in favor and the motion carried.
Minor Subdivision - Preliminary Plan Review
AP 48 / Lot 30 245 Reservoir Road
13.759 Acres (approx.)/Zone: R-200/5 Lots
Applicant/Owner: Gordon & Cristina Ondis
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. The Board 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 approve the Preliminary Plan as submitted, approve with changes and/or conditions, deny the application or continue the meeting to a future date.
e. 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.
f. The Board may vote to have the Final Plan approval be handled administratively.
Joe Casali, Registered Professional Engineer with Joe Casali Engineering having offices at 300 Post Road in Warwick, reviewed the proposal for 5 lots having wells and septic systems being located off Reservoir Road. Mr. Casali stated they are seeking lot area relief on all 5 lots and lot width and frontage on 4 of the 5 lots.
Michael Moan stated that the application was reviewed at Pre-Application and recommended to be 4 lots. Joe Casali stated that he thinks the request for 5 lots is reasonable as the property was previously zoned R-80 and would have been allowed by right.
Joe Casali stated that due to the proximity to the reservoir they are not installing conventional septic systems but proposing bottomless sand filters with advanced treatment to help with concerns of phosphorus.
Richard Colavecchio stated his concern with buyers understanding what they are buying in terms of the septic systems and foundations within a water table of 18-24 feet. Joe Casali stated they can deed restrict that buyers know the nature of the alternative septic systems and they can install foundation drains which DEM may not like because of proximity to the septic systems or seal foundations to be watertight.
The public hearing was opened at 8:20 p.m.
James O’Brien, 44 Orchard Meadows Drive, questioned whether a condominium development or apartment complex was ever proposed on this property. Joe Casali replied it was presented in a yield plan to demonstrate the lot yield.
There being no one else present to speak to this application, the public hearing was closed at 8:21 p.m.
Joseph Rotella made a motion, seconded by Charles Boyd, to approve the application granting the requested relief on lot area, lot width, and frontage, being conditioned on a deed restriction specifying the alternative septic systems and phosphorus reduction drainages.
The vote on the motion was as follows:
Voting In Favor: Members Boyd, Colavecchio, D’Ambra, Rotella, Nani, Sleboda, and Yoakum
Voting In Opposition: Moan
Abstaining: Member None
The vote on the motion was seven in favor with one abstention, and the motion carried.
Nancy Lancaster, 22 Lori Ellen Drive, submitted a petition of greater than 200 names of non-support for the proposed condo development on Limerock Road that has not yet come before the Board. Ms. Lancaster requested strong consideration of the concerns of the residents in the area.
Luigia Solda, 3 Lori Ellen Drive, stated her opposition to the condo development on Limerock Road and her concern with the proposed development and its impact on the school system and cost to the taxpayers. Ms. Solda urged the Board to reject the proposal.
Joseph Rotella made a motion, seconded by Al Nani, to adjourn the meeting at 8:32 p.m. The vote on the motion was all in favor and the motion carried.
The next regular meeting is scheduled for Thursday, March 20, 2025 at 6:00 p.m.
Respectfully submitted,
Donna A. Corrao, Recording Secretary