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MEETING MINUTES

Town of West Warwick

Planning Board

 

 

Meeting Date:           Monday, August 15, 2022

 

Time:  6:00 p.m.

 

Location:        West Warwick Town Hall

Town Council Chambers

1170 Main Street, West Warwick, RI 02893

 

Members Present      Joseph DiMartino, Chair

                                    Felix Appolonia, Vice Chair

Jessica Rubery

Joshua Barrette

Joe Garcia (Alt. member)

Paul Villa (Alt. member)

 

Members Absent:      Rene Coutu

                                   

Planning Staff:           Marilyn Shellman, Town Planner

                                    Elaine L. Mansour, CDBG Manager

 

Legal Counsel:           Albert DiFiore, Esquire

 

All witnesses were sworn in by Legal Counsel.

 

Item 1  Approval of Minutes

 

Review and approval of the July 11, 2022 meeting minutes.

 

Motion to approve the July 11, 2022 minutes by Mr. Appolonia, seconded by Mr. Barrette.  All in favor.

 

Item 2  Preliminary Plan Approval

Lancellotta Plat, Minor Subdivision

 

Applicant:             Rhode Island Custom Home Builders, LLC

Location:              Lancellotta Avenue

Assessor’s Plat:    37

Lot:     364

Zoning District:    Residential R – 7.5

Land Area:            0.46866 Acres (20,415 Sq. Ft)

Number of lots:    2

Engineer:              Alpha Associates, LTD

 

The applicant is requesting Preliminary Plan approval to subdivide an existing 20,415 sq. ft. parcel of land with an existing dwelling to create two (2) lots; one (1) with an existing dwelling having access from Lancellotta Avenue, one (1) new house lots for a 2- family duplex unit permitted in the R-7.5 zoning district and in accordance with the West Warwick Subdivision and Land Development Regulations Section 17-12 and RIGL 45-23-38.

 

Planning Office Recommendation

 

After conferring with the Planning Board Legal Counsel, the Planning Office recommendation is to approve the Preliminary plan with the following stipulations:

 

 

1)   West Warwick DPW road opening permit shall be issued for Lancellotta Avenue prior to the issuance of a building Permit;   

 

2)   Permit approval from the Town of West Warwick Fire Department that the proposed water system can provide adequate firefighting services;   

 

3)   Certification from the Tax Collector that all property taxes are current.    

 

4)   Current zoning certificate from the Town of West Warwick Building Official;    

 

5) Two original signed copies of all legal documents describing the property to be recorded in the Town of West Warwick Land Evidence records;   

 

6) Recording of one (1) mylar for Final Plan approval signed by the Administrative Officer in the Land Evidence Records in the Town of West Warwick.       

 

 

Discussion

 

      Attorney David Johnston is representing.  Mr. DiFiore read the exhibits into the record.  Mr. Johnston stated this is a minor subdivision that meets all zoning requirements, no waivers will be requested.  There is currently a single family dwelling on the lot and they are adding a lot for a proposed two family dwelling. There is currently a fence on the property that will be removed.  Public sewer and water are available. 

 

      Mr. DiMartino said he drove by the lot and this seems to be a straight forward proposal.  Mr. Barrette asked if the sewers are through the Brookfield Pump Station and was told no.

 

      Motion to approve with final to be done administratively by Mr. Appolonia, seconded by Mr. Barrette.

 

Planning Board Vote

 

Joseph DiMartino       Yes     

Felix Appolonia          Yes     

Joshua Barrette           Yes     

Jessica Rubery            Yes     

Joseph Garcia (Alt.)   Yes     

            Paul Villa (Alt.)         Yes     

 

All in favor.

 

Item 3  Final Approval – Set Performance Bond

June Carr Subdivision

 

Applicant:                   Shoreline Properties Inc.

Location:                    146 Cowesett Avenue

Assessor’s Plat:          13

Lot:     599

Zoning District:          Residential R - 8

Land Area:                  2.82 Acres

Number of lots:          10

Engineer:                    Commonwealth Engineering, Inc.

 

The applicant is requesting approval of a form of posting of a bond for Final Plan approval to subdivide an existing 2.8 acre parcel of land with an existing dwelling to create ten (10) lots; one (1) with an existing dwelling having access from Cowesett Avenue, seven (7) new house lots and two (2) drainage lots (not for development) on a new street with access from Carlson Circle in a Residential R-8 zone in accordance with the West Warwick Subdivision and Land Development Regulations Section 17-17 and RIGL 45-23-43.

 

Planning Office Recommendation

 

After conferring with the Planning Board Legal Counsel, the Planning Office recommendation is to approve the final plan with the following stipulations:

 

7) That the developer shall be required to pay a fee-in-lieu of land dedication which shall be $2,500.00 per dwelling unit, for a total of $17,500.00 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”;          

 

8) West Warwick DPW road opening permit shall be issued for Carlson Circle, Dounetos Street and Cowesett Avenue prior to the issuance of a building Permit;

 

9) Recording of the approved documents related to the proposed homeowner’s association, including deed restrictions on each new parcel, and their obligations to maintain areas of the development;  

 

10) That the Planning Board set and determine the form of the Performance Bond for town infrastructure improvements proposed for this subdivision project;  

 

11)Recording of one (1) mylar for Final Plan approval signed by the Town Planner in the Land Evidence Records in the Town of West Warwick.

 

Discussion

 

Attorney Tom Cronin is representing.  The applicant has no dispute with the bond amount provided by James Geremia.  Mr. Cronin stated they wanted to construct the roadway and improvements under inspection and then return to the board and post a reduced bond but that was not met with approval.  The Town Planner suggested a letter of credit and his client is willing to do so.  He also stated final approval is in effect for one year so they would like to get going and he would like the decision letter within a day or two in order to do so.  The Planner agreed they would have the decision letter within a couple of days.

 

Mr. DiFiore stated the letter of credit remains until the bond reduction is before the town council.

 

Mr. Barrette asked how the bond is reduced and Mr. Cronin stated it’s based on the work that gets done and when the inspections are completed for the work based on the Engineer’s recommendation. 

 

The Town Planner stated it should be a letter of credit good for two years.

 

Motion to grant the request to post a letter of credit to be in place for two years by Mr. Barrette, seconded by Mr. Appolonia.  

 

Planning Board Vote

 

Joseph DiMartino       Yes     

Felix Appolonia          Yes     

Joshua Barrette           Yes     

Jessica Rubery            Yes     

Joseph Garcia (Alt.)   Yes     

            Paul Villa (Alt.)         Yes     

 

All in favor.   

 

 

 

Item 4  FOR DISCUSSION

 

Revisions to the Town of West Warwick Land Development and Subdivision Regulations

 

1. APPENDIX A -SPECIFICATIONS FOR TREE PLANTING IN NEW SUBDIVISIONS        

2.   §17-19 GENERAL PROVISIONS-PUBLIC DESIGN AND IMPROVEMENT STANDARDS SECTION §17-19 (B) (13) F. Planting and §17-19 (B) (14) (b) Landscaping.       

 

Planning Office Recommendation

 

That the Planning Board approve these changes to the existing recommended tree list as recent and past exotic insect infestations and fungal disease have been compromising and even killing the tree species on the present list creating hazardous trees and excess insecticide and fungicide application creating an additional expense for the municipality.  In addition, many of the trees have been overused and are becoming invasive species that colonize natural areas.

 

In addition, planting standards have changed regarding the appropriate depth to plant trees and staking of trees and the use of invasive species.

 

A public hearing would need to be scheduled to formally adopt changes to the West Warwick Land Development and Subdivision Regulations.

 

Discussion

 

The Town Planner, Marilyn Shellman reviewed the trees that should be removed from the Subdivision and Land Development Regulations and the list that’s being revised.  She stated she met with Derek Read and Maribeth Williamson to review the changes and they will also be drafting an ordinance stating what the duties of the Tree Warden are.

 

These changes will be advertised and a public hearing will be held at a later date.

 

Item 5  Public Comment

 

None.

 

Motion to adjourn at 6:30pm by Mr. Barrette, seconded by Ms. Rubery.  All in favor.

 

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