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MEETING MINUTES
Town of West Warwick
Planning Board
Meeting Date: Monday April 5, 2021
Time: 6:00 p.m.
Members Present Joseph DiMartino, Chair
Via Zoom: Felix Appolonia, Vice Chair
Joshua Barrette
Joe Gardosik
Jessica Rubery (Alt. member)
Joe Garcia (Alt. member)
Members Absent: Anthony Petrarca
Planning Staff: Mark Carruolo, Town Planner
Legal Counsel: Albert DiFiore, Esquire
Item 1 Approval of Minutes 
Review and approval of the December 7, 2020 meeting minutes.
Motion was made to approve the minutes as presented by Mr. Appolonia, seconded by Mr. Gardosik and passed unanimously.
Item 2 Public Hearing
Major Subdivision
| Applicant: | Arpin Associates, LLC. |
| Location: | 99 James P. Murphy Highway |
| Assessor’s Plat: | 12 |
| Assessor’s Lot: | 331 |
| Zoning District: | Business Park (BP) |
| Land Area: | 10.68 acres |
| Number of lots: | 2 |
| Engineer: | Ocean State Planners, Inc. |
The applicant was represented by Attorney Marco Uriati. Also in attendance representing the applicant was the applicant/owner were Mr. Peter Arpin and Mr. Richard Bzdyra, PLS and president of Ocean State Planners Inc. Attorney Uriati was requesting Master Plan approval to subdivide a single 10.68-acre parcel with an existing building to create two lots with a building on each lot, said buildings having less than the required setbacks and less than the required parking in a Business Park (BP) zone on behalf of his client.
Attorney Uriati asked to formally enter the following exhibits into the record:
a) Application
b) Site Plan
c) Project Narrative
d) TRC memo and responses
e) Legal Notice
f) Radius Map
g) Business Park Map
h) Abutters Notification Lists
The attorney informed the members that the intention of the subdivision was to separate the property into two independent lots each containing a self-contained independent building. Mr. Uriato explained that the request includes dimensional variances for setbacks and less than the required parking spaces that would need to be approved by the ZBR.
Board member Appolonia inquired about a TRC comment from the Fire Department stating the buildings would require separate fire alarm systems and separate fire suppressions systems.
Chairman DiMartino referred to recommended stipulation #4 which requires that each building have separate fire alarm and sprinkler systems.
There was discussion regarding the address for proposed Parcel B. The Town Planner stated the he had received a request from the WWFD that Parcel B be assigned the address of 4 Energy Way.
Being no further questions and no questions from the public the Planning Board voted to close the public informational meeting.
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) Not in compliance with the standards and provisions of the Town Zoning Ordinance therefore requiring dimensional variances to create two lots with a building on each lot, said buildings having less than the required setbacks and less than the required parking in a Business Park (BP) zone.
3) That there will be no significant negative environmental impacts from the proposed development.
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 Legal Counsel, the Planning Office recommendation is to approve the Master Plan with the following stipulations:
1) That the applicant shall receive Zoning Board of Review approval to subdivide a single 10.68-acre parcel with an existing building to create two new lots with a building on each lot, said buildings having less than the required setbacks and less than the required parking.
2) That each proposed building and lot shall have separate utility connections, including but not limited to sanitary sewer, public water, natural gas and electricity to be determined by the utility providers.
3) That Parcel A shall include a utility easement for the benefit of Parcel B for the existing water and sanitary sewer connections and use of the fire hydrant.
4) That the enclosed hallway/passageway connecting the two buildings shall be removed and the buildings shall meet existing fire codes having based on setbacks and distance between buildings including each building requiring its own separate fire alarm system and separate sprinkler system.
5) That the container encroachment indicated in the northeasterly corner of proposed Parcel B shall be removed /relocated to comply with the zoning requirements prior to final approval.
The Town Planner recommended an additional stipulation #6) That proposed Parcel B shall have the street address of 4 Energy Way per the request of the West Warwick Fire Marshal’s Office.
Motion was made by Mr. Gardosik, seconded by Mr. Appolonia to grant Master Plan approval with the Planning Office findings and recommended stipulations. The following vote was taken on the motion.
Planning Board Vote
| Joseph DiMartino | Yes |
| Felix Appolonia | Yes |
| Joe Gardosik | Yes |
| Joshua Barrette | Yes |
| Jessica Rubery (Alt.) | Yes |
Item 3 Public Meeting
Request for Extension
Medrecycler-RI Inc.
| Applicant: | Brookwood Investors, LLC. |
| Location: | 1600 Division Road |
| Assessor’s Plat: | 30 |
| Lot: | 3 |
| Zoning District: | Commercial Industrial (CI) |
| Land Area: | 34 acres |
| Number of lots: | NA |
| Engineer: | Millstone Engineering |
The applicant was represented by Attorney Nicholas Vaz and was requesting a one-year extension to the Master Plan approval in accordance with the West Warwick Subdivision and Land Development Regulations Section 17-14(G)(1) and RIGL 45-23-40 (g)(1) for the establishment of a proposed waste to energy recycling facility in accordance with Zoning Section 5.21 “Green, renewable or alternative energy installations and facilities (green project)”
Chairman DiMartino stated that the extension request was not considered a “public hearing” and that the Planning Board would not be accepting comment on the extension. The Chairman further stated that the request for the extension was a ministerial act, that the Planning Board was obligated to grant the extension in accordance with the Town’s regulations.
The Planning Board’s attorney also stated that the Planning Board must approved the request according to RIGL 45-23-40(g)(1). The attorney informed the Board members that the applicant was entitled to two one-year extensions according to current statutes.
Planning Office Findings
The applicant received Master Plan approval for the project on May 6, 2019; said approval is set to expire on May 6, 2021.
Planning Office Recommendation
After conferring with the Planning Board Legal Counsel, the Planning Office recommendation is to grant the requested one (1) year extension to expire on May 6, 2022.
Motion was made by Mr. Appolonia, seconded by Mr. Gardosik to grant a one-year extension to expire on May 6, 2022. The following vote was taken on the motion.
Planning Board Vote
| Joseph DiMartino | Yes |
| Felix Appolonia | Yes |
| Joe Gardosik | Yes |
| Joshua Barrette | Yes |
| Jessica Rubery (Alt.) | Yes |
Item 4 For discussion
Administrative Officer Duties and Responsibilities
Planning Board to discuss the duties and responsibilities of the administrative officer as presented in the West Warwick Subdivision and Land Development Regulations Section 17-29 “Administration – The Administrative Officer.”
Chairman DiMartino stated that he requested that this item be on the agenda. The Chairman stated that he would specifically like to discuss the administrative approval process. The Chairman stared the discussion by referring to older projects approved several years ago by a previous Planner. Those projects were revived under RIGL 45-24-61.1, the “Tolling Statute,” several years after being approved. The Chairman mentioned the projects had outstanding issues that were not properly addressed when they were originally approved. He further stated the current Planner resolved the issues administratively without having them come back to the Board. However, the Board felt that because the projects were old that they should have returned to the full Board for consideration and approval. The Chairman also stated that the Planning Board likely would have agreed with the Planner’s solutions and approved the Planner’s recommendation. Chairman DiMartino stated that subsequently the Planning Board requested that the Town Planner no longer issue administrative approvals and that final approvals come back to the Planning Board. The Chairman stated that at this point, he would like to allow the Planner to issue administrative approvals when appropriate.
The Planner stated that he would formally recommend that final approval be reserved for the Planning board depending on circumstances related to each project. The planner offered to include a specific recommendation for either an administrative final approval or a Planning Board final approval for all projects coming before the Planning Board, then the Board would determine who would issue final approval and it would be specifically stated in the preliminary decision letter.
All agreed with the Planners suggestion.
Item 5 Administrative Subdivision/Approval for Informational Purposes
The Planner provided a brief explanation of the following administrative subdivisions and recordings.
Plan Attached
Project name: Orchard - Overall Plan
Applicant: Five Five Plus, LLC.
Location: North Pleasant Street
Assessor’s Plat: 1 Lots: 85, 145 & 529
Plan Attached
Project name: Guertin Street Subdivision
Applicant: KDS Investments
Location: 3 & 7 Guertin Street
Assessor’s Plat: 5 Lots: 260 & 271
Plan Attached
Project name: Administrative Subdivision – 10 Guertin Street
Applicant: Alan & Paula C. Lefebvre
Location: 10 Guertin Street
Assessor’s Plat: 5 Lots: 277 & 616
Plan Attached
Project name: Administrative Subdivision – 1270 Main Street
Applicant: Pannone Lopes Devereaux & O’Gara, LLC.
Location: 1270 & 1272 Main Street
Assessor’s Plat: 6 Lots: 419, 420 & 1141
Item 6 Public Comment
None
Being there was no public comment, the Planning Board closed the meeting at 6:37 PM.