MEETING MINUTES

Town of West Warwick

Planning Board

 

Meeting Date:           Monday June 7, 2021

 

Time:                          6:00 p.m.

 

Members Present      Joseph DiMartino, Chair

Via Zoom:                  Felix Appolonia, Vice Chair

                                    Joe Gardosik

                                    Jessica Rubery (Alt. member)

 

Members Absent:      Joshua Barrette

                                    Joe Garcia (Alt. member)

                                    Anthony Petrarca

 

Planning Staff:           Mark Carruolo, Town Planner

 

Legal Counsel:           Albert DiFiore, Esquire

 

Meeting was called to order at 6:07 PM by the Chairman.

 

Item 1  Approval of Minutes

 

Review and approval of the April 5, 2021 meeting minutes.

 

Motion to approve the minutes as presented was made by Mr. Appolonia, seconded by Mr. Gardosik and passed unanimously.

 

Item 2  Public Meeting

Minor Subdivision

 

Applicant:                   Robert E. Moll

Location:                    27 Coit Avenue

Assessor’s Plat:          27

Assessor’s Lot:           140 & 390

Zoning District:          Residential R-8

Land Area:                  2.75 acres

Number of lots:          3

Engineer:                    Boyer Associates

 

The applicant was represented by Attorney, Joseph Brennan.  Attorney Brennan explained that the applicant was requesting preliminary approval to subdivide two (2) conforming lots with a single-family dwelling on one of the lots to create three lots; one (1) conforming lot with a single-family dwelling and two (2) new lots for development on an existing street in a Residential R-8 zoning district.

 

Attorney Brennan informed the board that the proposed subdivision was in conformance with the Town’s zoning code and subdivision requirements.  He also stated that the applicant reviewed the   Planning Office recommendation and had no objections.

 

Planning staff explained that there was a typographical error in finding #2 and it should read: “In compliance with the standards and provisions of the Town Zoning Ordinance.”  

 

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 grant preliminary approval with final approval being through the Administrative Officer with the following stipulations:

 

1)     That the final record plan shall be scale of at least 1” = 40’.

 

2)     That the final plans shall include building envelopes (zoning setbacks) for each proposed new lot.

 

3)     That the applicant shall indicate location of the closest fire hydrant on the final plan.

 

4)     That the applicant shall receive KCWA and WWSA approval prior to final approval and recording of the final plan.

 

5)     That all runoff shall be contained on the property and all roof drains shall be deposited into drywells.

 

6)     That the developer shall apply to DPW for a road opening permit for any utility connections, driveway access and the like.

 

Following the discussion, a motion was made by Mr. Gardosik, seconded by Mr. Appolonia to grant preliminary approval with final approval being through the Administrative Officer 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

Jessica Rubery          Yes

 

Item 3  Public Meeting

Request for Comment

Woods at Red Brook

(Coventry)

 

Applicant:                   Shoreline Properties

Location:                    100 April Court (Coventry, RI)

Assessor’s Plat:          24

Lot:                                         125

Zoning District:          R-20 Planned Development

Land Area:                  8.34 acres

Number of lots:          NA

Engineer:                    Commonwealth Engineering

 

The applicant was represented by Attorney Jeffery Caffery.  Attorney Caffery explained that the Coventry Planning Board included a stipulation in its decision that the applicant “shall seek an advisory opinion from the West Warwick Planning Board.” Attorney Caffery informed the Planning Board that the project received a Master Plan approval several years ago and a Zone Change from the Coventry Town Council from Residential 20 to R-20 (Planned Development) for the development of a 36-unit multi-family residential development.  He further explained that the project was tolled under RIGL and was now returning to the Coventry Planning Board seeking preliminary approval.

 

Chairman DiMartino explained that the development was located in Coventry and that access was through West Warwick via April Court.  The Chairman inquired if the proposed condo development was to be merged/incorporated into the existing condo development in West Warwick.

 

Attorney Caffery explained that the two developments were separate and that there would only be an emergency access from the West Warwick development into the proposed Coventry development.

 

Chairman DiMartino addressed the Planning Office comment regarding WWFD reviewing the development plans and asked why the applicant hadn’t met with the Fire Department previously.

 

Joseph Houle, Assistant Fire Marshal, informed the Board that the Anthony Fire District in Coventry would be the first responders and that there was no requirement that WWFD be consulted.  Marshal Houle offered to provide a letter in writing from the WWFD if desired.  Marshal Houle stated that his office had reviewed the plans at the request of the Planning Office and they were acceptable.

 

Member Gardosik inquired about the traffic report.  He stated that the report included signage to be installed on New London Turnpike in proximity to April Court.  He also mentioned that page 6 of the report described a visual obstruction located directly south of April Court (@ 1947 New London Turnpike) and recommended that shrubs be trimmed in the summer to provide better visibility.

 

Paul Bannon, representing RAB Engineering, was sworn as an expert and discussed the results of the traffic report.

 

General discussion followed as to who would be responsible for addressing the obstruction.  The Traffic Engineer, Planning Attorney and Town Planner mentioned local ordinances that address obstruction located in front yards of property.  Following a lengthy discussion, the Planning Attorney informed the Board that the Planning Office would contact the Town’s DPW and have them look at the possible obstruction and to trim the shrubs if necessary.

 

Planning Office Findings

 

The applicant received Master Plan approval for the project from the Coventry Planning Board in November 2007 and a zone change from the Coventry Town Council in March 2009 (Ordinance #02-09-272).  The zone-change to R-20 (Planned Development) specifically authorizes and approved a 36-unit multi-family residential condominium development on the subject property.

 

The Coventry Planning Board has stipulated that the developer seek an advisory opinion from the West Warwick Planning Board.  The development project located in Coventry with access from a local roadway (Red Brook Ln. & April Ct.) The Town of West Warwick ‘s authority is limited to review and issuance of a local “road opening permit” allowing an abutting property owner safe and adequate access to a Town roadway.

 

The application includes the following agency/authority approvals:

• RIDEM Wetlands
• KCWA
• Coventry TC Sewer approval
• Coventry Fire District – Anthony Fire Marshal approval

While the submission material includes a sign-off from the Anthony Fire District, the principal (and only access) to the development is through the Town of West Warwick. As a result, it is likely that the WWFD will likely be responding to emergency/rescue calls at the development either as first responders and/or in accordance with mutual aid agreements.  As a result, it is suggested that the developer also confer with the West Warwick Fire Marshal for public safety/emergency response issues related to the development.

 

The submission material also contains a traffic report which examined the access to the development via Red Brook Lane, April Court and New London Turnpike. The report determined that the development would add a minor hourly volume of traffic on all three roadways.  The report recommended that warning signs should be installed on New London Turnpike to improve awareness of the intersection [at April Ct.]  and the potential of turning vehicles.

 

Planning Office Recommendation

 

The Planning Office recommendation was to request the following stipulations be considered by the Coventry Planning Board to be included as part of the preliminary approval to be satisfied prior to final approval:

 

1)     That the applicant shall receive a “road opening permit’ from the Town of West Warwick DPW prior to final approval.

2)     That the applicant shall confer with the WW Fire Marshal for public safety/emergency response issues related to the development.

 

3)     That the applicant shall comply with the recommendation contained in the RAB Engineers traffic report for the installation of warning signs on New London Turnpike in proximity to the intersection with April Court.

 

Following the discussion, a motion was made by Mr. Appolonia, seconded by Ms. Rubery, to forward to the Coventry Planning Board to be included as part of the preliminary approval to be satisfied prior to final approval.  The following vote was taken on the motion.

 

Planning Board Vote

 

Joseph DiMartino     Yes

Felix Appolonia        Yes

Joe Gardosik             Yes

Jessica Rubery          Yes

 

Item 4  Public Meeting

Amendment to the Town’s Zoning Ordinance

 

Applicant:                               Town of West Warwick

Zoning Amendment:              An ordinance amending Section 3.29 Definitions, Family Members Section 5.6.16.21 Accessory Family Dwelling Units

                                                Section 8.1 Alteration of Nonconforming Use

The Town of West Warwick desires to amend Zoning Ordinance Section 3.29 Definitions, Family Members, Section 5.6.16.21 Accessory Family Dwelling Units and Section 8.1 Alteration of Nonconforming Use (see attached Ordinance No. 2021-7)

 

Planning Board Legal Counsel Al DiFiore explained that the proposed zoning amendment was intended to bring the WW Zoning Ordinance into compliance with Rhode Island General Laws, as amended.

 

Planning Department Findings

 

Upon conferring with the Planning Board Legal Counsel, the Planning Office finds the proposal to comply with the Town’s Comprehensive Plan including Chapter 5 the Housing Element, Chapter 13 the Land use Element and Chapter 14 the Implementation Program. The Planning Office also finds the proposed zoning amendment to be generally consistent with the following purposes of the Town’s Zoning Ordinance as presented in Section 2 “General Purposes:”

 

2.1       Promote the public health, safety and general welfare.

 

2.3       Provides for orderly growth and development, which recognizes:

 

2.3.1   The goals and patterns of land use contained in the Comprehensive Plan of the         Town.

2.3.5   The availability and capacity of existing and planned public and private services and        facilities

2.3.6       The need to shape the urban and suburban development

2.3.7       The use of innovative development regulations and techniques.

 

2.8       Provide for a balance of housing choices, for all income levels and groups, to assure the health, safety and welfare of all citizens and their rights to affordable, accessible and sanitary housing.

 

2.12     Promote implementation of the comprehensive plan of the Town of West Warwick adopted pursuant to the General Laws.

 

2.14     Provide for efficient review of development proposals, to clarify and expedite the zoning approval process.

 

2.15     Provide for procedures for the administration of the zoning ordinance.

 

The Planning Office recommendation is for a favorable recommendation to the West Warwick Town Council for the requested zoning amendment.

 

Motion was made by Mr. Gardosik, seconded by Mr. Appolonia, to make a favorable recommendation to the West Warwick Town Council for the requested zoning amendment.  The following vote was taken on the motion:

 

Planning Board Vote

 

Joseph DiMartino     Yes

Felix Appolonia        Yes

Joe Gardosik             Yes

Jessica Rubery          Yes

 

Item 5  Bond Revocation

Countryside Way

 

The Countryside Way development is complete and requires final paving for the roadway. The Town is in possession of a bank account with approximately $9,480.00 for final paving. The responsible party (last owner) passed away prior to completing the paving.  Staff contacted the bank to confirm the availability of funds and informed the bank of the Town’s intent to withdraw the funding and close the account.

 

The Town Planner explained that the development was almost complete with the last home currently under construction and all that is remaining is the final coat of pavement.  The Planning office had been in contact with the owner responsible for completing the paving, however, the owner passed away recently.  The Planner explained that there was surety in a bank account intended for completing the paving should the owner not complete the task.  The Planner requested the Planning Board’s authorization to submit to the Town Council for approval to access the surety.

 

Motion was made by Ms. Rubery, seconded by Mr. Gardosik, to authorize the Planner to submit to the Town Council for approval to access the surety.  The following vote was taken on the motion:

 

Planning Board Vote

 

Joseph DiMartino     Yes

Felix Appolonia        Yes

Joe Gardosik             Yes

Jessica Rubery (Alt.) Yes

 

Item 6  Administrative Subdivision/Approval for Informational Purposes

 

Plan Attached

Project name:              East Greenwich Avenue Luxury Estates

Applicant:                   Padula Builders

Location:                    511 East Greenwich Ave.

Assessor’s Plat:          30        Lot:     17

 

Item 7  Public Comment

 

There was no public comment.

 

The meeting was adjourned at 6:49 PM.