MEETING MINUTES

Town of West Warwick

Planning Board

 

Meeting Date:           Monday, December 7, 2020

 

Time:                          6:00 p.m.

 

Members Present         Joseph DiMartino, Chair

Via Zoom:                   Joshua Barrette

Joe Gardosik

                                    Anthony Petrarca

                                    Jessica Rubery (Alt. member)

Joe Garcia (Alt. member)

 

Members Absent:        Felix Appolonia, Vice Chair

 

Planning Staff:             Mark Carruolo, Town Planner

 

Legal Counsel:             Albert DiFiore, Esquire

 

Item 1  Approval of Minutes

 

Review and approval of the November 8, 2020 meeting minutes.

 

Item 2  Public Hearing

Major Land Development Project

 

Applicant:                   Justin Wilbur

Location:                    45 Greene Street

Assessor’s Plat:          4

Assessor’s Lots:         215 & 7

Zoning District:          Residential R-8

Land Area:                  8.95 acres

Number of lots:          3

Engineer:                    Commonwealth Engineers & Consultants

 

The applicant was represented by Attorney Sanford Resnick and was requesting preliminary approval of a vested 16-unit condominium project on a 3.88-acre lot in a Residential R-8 Zoning District.  Attorney Resnick reviewed the history of the project dating back to its original Planning Board and Zoning Board approvals in 2007.  The project received extensions and was ultimately tolled under RIGL.  The owner revived the project in 2017 prior to expiration of the Tolling Statute and has been working diligently with RIDEM and the Town to secure the necessary approvals.

 

Attorney Resnick informed the Planning bard that the applicant invited the abutters to a public meeting over thee summer to review the plans and to get feedback on the design.

 

Resnick then addressed stipulation #1 requiring a natural buffer along the easterly boundary.  Resnick explained that the property owner who requested the buffer has since moved and the new owner is not requesting a buffer.  The Attorney explained that the developer has agreed to install a fence and landscaping in lieu of a natural buffer.

Attorney addressed the water runoff from the property.  He explained that the original design proposed asphalt on the easterly side of the development but the new design removed the pavement to assist in controlling stormwater runoff.

 

The attorney then asked that engineer, Mike Zavalia, PE., be accepted as an expert so he could review the details of the project.

 

On the motion of Jessica Rubery and seconded by Joe Gardosik, the Board accepted Mr. Zavalia as an expert witness in civil engineering.

 

Mr. Zavalia reviewed the details of the drainage design from the collection system to the underground storage, the retention basin and then the outfall.  He explained that the development would increase runoff and that t he requirement is to match the current runoff conditions in volume and rate.  Mr. Zavalia explained that he predevelopment runoff was 16.5 cfs and post development runoff was calculated at 29 cfs.  Zavalia informed the Planning Board that the drainage system would reduce the runoff from the property to 6 cfs, for a 100-year storm event, which is below the predevelopment rate.

 

Board member Gardosik asked how much ledge was present on the property.

 

Mr. Zavalia responded there was a substantial amount.

 

Board member Barrett inquired about the integrity of the ready rock wall over time.  Mr. Barrett was concerned that the walls could deteriorate and fail over time.

 

Mr. Zavalia responded that the ready rock was only a suggestion of the type of wall and that the final plans could be constructed form a different type of material.

 

Attorney Resnick informed the Board that the project also included approximately 750-800 feet of fencing to provide screening from the abutting neighbors and maintained by the condo association.

 

Resnick also mentioned the proposed width of the roadway and stated that the width was discussed between the Town Planner and the project engineer.

Mr.  Resnick also discussed the parking requirements.  He stated that the design provided two spaces per dwelling unit in accordance with the zoning code; one space in a garage and one driveway space for each condominium unit.  Board member asked where guests/visitor would park?

 

Justin Wilbur, the property owner offered to include eight (8) visitor parking spaces on the portion of the property next to the existing home on Greene Street.

 

Attorney Resnick informed the Planning Board that the developer will provide ornamental fence details on the final plans.

 

Resnick then addressed stipulation K of the ZBR decision and informed the Planning board that the developer will provide a right of way (ROW) for access to the property at 67 Harris Avenue.

 

Mr. Toby Miller of 44 Woodside Avenue (lot 337) asked what type of buffer and screen would be provided?

 

Mr. Wilbur stated that he was willing to offer a credit at a local landscape supplier that will allow neighbors to choose certain types of shrubs as long as they don’t conflict with the landscape plans for the development.

 

Mr. Stefan Sheridan of 11 Flynn Terrace, said that he was concerned about ground water and informed the Board that he had water problems in his basement and had to install French drains.

 

Lynn & Rob Stiegerman of 77 Harris Avenue, spoke in opposition to building condos on the property.  They do not believe condos fit in with the neighborhood.  They were also concerned about a lack of adequate parking and believe that visitors and guests will end up parking on neighborhood streets.  Ms. Steigerman also asked about the building setback from her property lot and inquired about the height of the condos.  Finally, Ms. Steigerman stated that she was not offered a landscape credit.

 

Mr. Wilbur stated that the building was located ten (10) feet from the property line as required. He also stated that the new condominiums would be one story.  Finally, Mr. Wilber stated that he proposed the landscape credit verbally to residents during the neighborhood meeting in July.

 

There was some general discussion about jackhammering versus blasting while developing the site.  The developer stated the he preferred blasting because it was faster and less obtrusive to the neighbors.

 

Being no further testimony, the Planning Board closed the public hearing.

 

Planning Office Findings

 

The Planning Office finds the proposal to be generally consistent with Section 17-5 “General Purposes” of the Towns Subdivision and Land Development regulations, and:

 

1)     Generally consistent with the Comprehensive Community Plan.

 

2)     In compliance with the standards and provisions of the Town Zoning Ordinance having received a Zoning Board of Review Special Use Permit (BK:1847 Bg:233) to have a 16-unit multi-family residential development in an R-8 zoning district.

 

3)     That there will be no significant negative environmental impacts from the proposed development.  The proposed development has received a RI Department of Environmental Management (RIDEM) approval application # 19-0058 and RIPDES number RJR101874.

 

4)     That the development will not result in the creation of individual lots with such physical constraints to development that building on those lots according to pertinent regulations and building standards would be impracticable.

 

5)     That the proposed development possesses adequate physical access to a public street.

 

6)     That the proposed development provides for the safe circulation of pedestrian and vehicular traffic, adequate detention of surface water runoff, suitable building sites, and the preservation of natural, historical and cultural features; and

 

7)     That the proposed development will not result in any increased flooding and soil erosion.

 

Planning Office Recommendation

 

After conferring with the Technical Review Committee and the Planning Board Attorney, the Planning Office recommendation is to grant preliminary approval with the following stipulations:

 

1)     That the Planning board shall determine if stipulation “B” of the Master Plan approval which states: “The land along the eastern boundary shall remain in its natural condition.” shall remain in effect.

 

2)     That should the Planning Board grant relief from Master Plan Stipulation “B” the developer shall provide a buffer and substantial screening which may include live vegetation and/or fencing along the easterly property line to provide adequate screening of the development and drainage system from the abutting residents. 

 

3)     That the developer shall install and be responsible for maintenance of the proposed “shadowbox fencing” as presented on the site plan.

 

4)     That the applicant shall receive a dimensional variance from the Zoning Board of Review (ZBR) to have less than the required roadway width (22’ vs. 24’) prior to final approval.

 

5)     That the final plan shall provide additional parking areas located throughout the development to accommodate additional visitor parking.

 

6)     That all retaining walls associated with the drainage area shall include fencing for safety purposes and said fencing shall be aesthetic ornamental fencing in character with the architectural design of the development.

 

7)     That all exterior lighting shall be contained on site and directed away from and/or shielded from the abutting residential properties.

 

8)     That a Soil and Sediment Control Plan shall be required at preliminary approval in conformance with Development Review Regulations Section 17-18(F)(1) “Erosion and Sediment Control Plan required.”

 

9)     That the applicant shall provide an excavation/construction plan, which may be combined with the Soil and Sediment Control Plan, designed to mitigate the impact of construction on the abutting residents which shall include but not be limited to, construction access, best practices for dust control and vibration and hours of operation; said plan shall be approved by the Town Engineer prior to final approval.

 

10)  That all utilities including but not limited to the West Warwick Sewer Authority and the Kent County Water Authority shall be approved prior to preliminary approval.

 

11)  That all necessary State of Rhode Island permits including but not limited to RIDEM Wetlands permit and RIDEM Underground Injection Control (UIC) permit shall be issued prior to preliminary approval.

 

12)  That the proposed development shall not receive any Town of West Warwick trash hauling services, snow plowing, roadway maintenance, drainage maintenance and other similar services.

 

13)  That the developer shall be required to pay a fee-in-lieu of land dedication which shall be $2,500.00 per dwelling unit at the time of application for a building permit as required per Land Development Regulations Section 17-21 (E) “Fees-in-lieu of land dedication.”

 

14)  That the Condominium Association documents and by-laws shall be approved by the Planning Board Legal Counsel prior to final approval.

 

15)  That the condominium association shall be responsible for providing annual drainage maintenance according to an approved drainage maintenance plan and shall provide an annual report to the Building Official and Town Engineer stating that the required maintenance has been performed.

 

Following a general discussion, Chairman DiMartino asked for a motion to grant preliminary approval while providing direction to the Town Planner and he attorney representing the applicant to work out the specifics of the proposed stipulations, particularly stipulations 1 & 2 regarding the nature buffer with final approval to be issued by the Planning Board.

 

Motion was made by Mr. Gardosik and seconded by Mr. Barrett Motion passed unanimously.

 

The Following vote on the motion was made.

 

Planning Board Vote

 

Joseph DiMartino                      Yes

Joe Gardosik                             Yes

Anthony Petrarca                       Yes

Joshua Barrette                          Yes

Jessica Rubery (Alt.)                 Yes

 

 

Item 4  Administrative Subdivision/Approval for Informational Purposes

 

Plan Attached

Project name:              Administrative Subdivision – 41 Phenix Avenue

Applicant:                   Westbriar Properties, Inc.

Location:                    41 Phenix Avenue

Assessor’s Plat:          2          Lots:    125, 126 & 127

 

There was no comment on the Administrative Subdivision.

 

Item 5  Public Comment

 

There was no public comment.

 

Being no further business, the meeting was adjourned at 8 PM.