Item 1  Approval of Minutes

Review and approval of February 7, 2022, meeting minutes.

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

Item 2  Cascade Falls

771 Main Street - Assessor’s Plat: 2; Lot 661

Master Plan Decision

The applicant has filed an application for Master Plan, for a Major Land Development. The proposed project is a 16-unit residential condominium development. Per RIGL 45-23-40(d) the West Warwick Planning Board held a public informational meeting on February 7, 2022.

The applicant was represented by Attorney David Johnston.  Mr Johnson stated that the public hearing was held last month, and he didn’t have anything else to add, except that the development is a 16 unit and not a 20 unit, as the Meeting Agenda stated online today.  Legal Counsel DiFiore explained that if the correct notices went out to the property abutters the matter is properly displayed. 

Discussion

Chairman asked if the RI DEM preliminary determinations were in place, Mr Johnson replied that the RI DEM applications are ready to be submitted after this hearing.

A motion was made by Mr. Appolonia to approve the Master Plan with the stipulation of the approval of the RI DEM determinations and Zoning, seconded by Mr. Petrarca.

Motion was passed unanimously.

Planning Board Vote

Joseph DiMartino                  Yes

                                    Felix Appolonia                      Yes     

                                    Joshua Barrette                       Yes

                                    Anthony Petrarca                    Yes

                                    Jessica Rubery                                    Yes

Joe Garcia (Alt.)                     Yes

Item 3  East Greenwich Luxury Estates

511 East Greenwich Avenue - Assessor’s Plat: 30; Lot 17

Public Informational Meeting and Master Plan Decision

The applicant has filed an application for Master Plan, for a Major Land Development. The proposed project is a 20-unit residential condominium development. Per RIGL 45-23-40(d) the West Warwick Planning Board is holding a public informational meeting.

45-23-40(d)(3) At the public informational meeting, the applicant will present the proposed development project. The planning board must allow oral and written comments from the general public.  All public comments are to be made part of the public record of the project application.

The applicant was represented by Attorney Tom Cronin who gave a brief description of the proposed project, 2 story condominiums, 5 buildings with 4, 2-bedroom units in each with a one car garage. Area is on the south side of East Greenwich Ave, zoned R-10. The land is 6.33 acres, with a 2-family resident and garage that are in dismay and will be knocked down.  The proposed development will be constructed within 2.39 acres of the property and has 2.33 acres of wooded wetlands with a 50 ft buffer. To the east & west of the property are single family homes, to the rear is Cox Communications and across the street is condominiums – 500 East Greenwich Ave. They have to go to zoning for a special use permit and a height variance.  They have agreed to fence off Mrs. Perry’s property which is west of the project.

Mr Morehead – project engineer, explained the drainage of the development would not go onto East Greenwich Ave. It would be directed to a detention basin, to the Swamp and then to Cedar Brook.  The culvert on East Greenwich Ave, at the entrance of the development will be improved enlarging the pipes and directing the waters away from East Greenwich Ave. so to minimize the existing flooding issues.

Mr Bannon – traffic study – reviewed site plans, traffic, and safety issues.  Project will not have a minimal impact on the area traffic with no safety concerns.

Mr Lombardo – Fiscal analysis – cost of municipal services, schools vs. tax collections = net revenue of 136 thousand  

Discussion

Chairman DiMartino asked who would be responsible for maintaining the large detention basin - Condo Association would be responsible for drainage, maintenance, utilities, and it would be built into the Condo Associations Requirements.  Mr. Appolonia asked about the soils report and water level, they have been reviewed by the TRC, and will have to go to DEM for wetlands approval.   Mr Appolonia asked about the maintenance of the basin – it should be cleaned out once a year.  Atty DiFiore shared that any Homeowners Association must be reviewed by him, and that the Association is following the provisions within concerning maintenance etc. compliance is mandated by law. The town can only step in if it becomes a public problem, it is a private problem. Mr Garcia – analysis the current traffic – yes the main intersection is Bald Hill road – will only contribute minimal traffic.  Mr Appolonia asked about accident reports - 4 slight bumper accidents at the Bald Hill intersection.  School age children asked by Chairman DiMartino – was it an average – yes from the compiled data. Mr Garcia – asked if there was any plans to develop the remained of the 4 acres – Mr Cronin showed on the map that is the buffer and the wetlands and cannot be built upon.  Mr Appolonia has concerns about the drainage and how to make sure it is handled correctly - Mr Barrette stated that Engineer Morehead said they were going to fix it as it would affect their driveway entrance. Interim Planner Ms. Mara stated that the town engineer and DEM would be addressing that before it comes back to the planning board.

Public Comment

 Eileen Ellis - 500 East Greenwich Ave. – Her condo doc has nothing about drainage maintenance must be in the new one. (Al stated her condo was built 40 yrs. ago – laws have changed)  Entire lot 6.33 acres 2.33 development, what about the other 4 acres – property in front of area is lower than the back part of the land.

Norma Perry - 500 East Greenwich Ave – Culvert across from her building gets clogged with leaves and debris, overflows and water freezes. Can this project make the culvert drainage better? (Mr Morehead states that they are going to improve the drainage, Mr Barrette stated to Mr Morehead that should improve the drainage a lot or the project is going to have an issue with the flooding of their driveway)

Make it a 55+ so no school age children, town gets more taxes. Can they maintain a grassy area toward the street (It is wetlands, cannot change wetlands)

Mark Bourget – 3 Megan Court – Councilman for that area, but here as a resident, lives atop of East Greenwich Ave, water remains in that area 4-5 days after a rain, big concern is when it freezes. Is there a way to make it better?

Roger Richards – 1 Crossbow Lane – 55+ over (Mr Cronin stated, no) If condos don’t sell will they become rentals. (Mr DiFiore – Out of order, this board has no authority over that, Mr Barrette – that is a lot of speculation, right now, what it is approved to be, it is approved to be. Mr Appolonia not on the agenda, can we discuss this, Mr DiFiore - this board has no authority over that)

Motion was made by Mr. Garcia to close the public hearing, seconded by Mr. Barrette. Passed unanimously.

A motion was made by Mr. Petrarca to approve the Master Plan with the stipulation of the approval of the RI DEM determinations and Zoning, seconded by Ms. Rubery.

Motion was passed unanimously.

Planning Board Vote

Joseph DiMartino                  Yes

                                    Felix Appolonia                      Yes     

                                    Joshua Barrette                       Yes

                                    Anthony Petrarca                    Yes

                                    Jessica Rubery                        Yes

Joe Garcia (Alt.)                     Yes

Item 4  Brother’s Farm

Plat 13, Lots 53 and 765

Request to combine Master and Preliminary Plan and waive

the public informational meeting.

 The applicant, Legacy Construction, is proposing to extend a portion of Narragansett Avenue (a paper street), subdivide three (3) abutting lots totaling approximately three (3) acres to create ten (10) new lots on a proposed new street in a Residential R-8 zone.

Applicant was represented by their Attorney Joe Brennan, he gave a brief timeline and description of the project, Master Approval in May of 2019, zoning denied request for 12 lots, the development has been reduced to 10 lots as zoning required. All DEM, KCWA and WWSA permits have been approved and project meets the town regulations for the creation of a new road. Here tonight to request to combine Master and Preliminary Plan and waive the public information meeting. Brian King project engineer was sworn in and accepted as an expert witness.  Mr King gave a more detailed description of the development, explaining the drainage, lot size and layout.

Jeff Byrd 4 Crompton Avenue – how is the project going to affect his property not too happy about having a house in his back yard.  There are no Stop signs in the intersection.

Nic Palumbo 46 Audrey Drive – he owns the vacant lot near development.  If he so choose to build on the vacant lot can he tie into the sewer and water.

William Novi - 55 Narragansett Ave - provided documents today for board to review.  How do you know if the drainage system works until it is in, if the water backs up at the intersection of Narragansett Ave and Crompton Ave who will be responsible to fix it?  The Town will be responsible to fix it. There is much foot traffic in that area, and with the increase of traffic to come with the new houses, the drainage issues and telephone pole in the road should be resolved before the development begins.

Discussion

Anthony Petrarca – questioned the project plans - the drainage on Crompton and Narraganset flood ‘slide gate’ will be closed unless there is flooding, and the town will open it. Mr King will work with the town engineer to possibly remove the gate so to eliminate the current flooding.

Drainage system within the property will be maintained by the Homeowners Association, which has to be put in the Homeowners Association regulations has to be approved by the Town Legal Counsel.  Traffic study was not warranted on this size development. The Utility pole is not near the project. The utility company would have to move it.  Mr King asked if he could request that this also be the administrative review for final plan approval. Chairman stated you can request it but the answer will probably be no.

Motion was made by Mr. Garcia to close the public hearing seconded by Mr. Barrette.  Motion was passed unanimously.  Motion was made by Mr. Garcia to close the public hearing seconded by Mr. Barrette.  Motion was passed unanimously.

Motion was made by Mr. Barrette to approve the Master and Preliminary Plan with the following stipulations; That all drainage shall be maintained by a neighborhood association and that an annual drainage inspection and report shall be submitted to the Town Engineer and/or Building Official for review and compliance with routine maintenance of the drainage system,  Documents related to the proposed homeowners association and their maintenance obligations shall be provided to the Town Planner for approval, That the language for the utility easement between proposed lots 8 & 9 shall be approved by the Planning and Zoning Legal Counsel, 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, That a traffic analysis which shall result in no adverse impact on the surrounding neighborhood and no degradation in the existing traffic in the area shall be performed by a RPE, That the applicant shall examine the current drainage condition on Crompton Avenue between Tiffany Avenue and Narragansett Avenue and develop a resolution to the condition if feasible. Motion was seconded by Ms. Rubery.  Motion was passed unanimously.

Planning Board Vote

Joseph DiMartino                  Yes

                                    Felix Appolonia                      Yes     

                                    Joshua Barrette                       Yes

                                    Anthony Petrarca                    Yes

                                    Jessica Rubery                                    Yes

Joe Garcia (Alt.)                     Yes

Motion was made by Mr Appolonia for the approval of the final plan to be done administratively, seconded by Ms. Rubery.  Motion was rejected unanimously.

 Planning Board Vote

Joseph DiMartino                  No

                                    Felix Appolonia                      No      

                                    Joshua Barrette                       No

                                    Anthony Petrarca                    No

                                    Jessica Rubery                                    No

Joe Garcia (Alt.)                     No

Item 5  June Carr Subdivision –

146 Cowesett Avenue & Carlson Circle Assessor’s Plat: 13; Lot: 599

Preliminary Plan Public Hearing and Decision

The applicant, Shoreline Properties is requesting Preliminary Plan approval to subdivide an existing 2.8-acre parcel of land with an existing dwelling to create ten (10) lots; one (1) lot 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.

Jason Licciardi was called to the podium by Legal Council DiFiore, to clarify that Mr Licciardi is here with Ethics Commission approval. Mr Licciardi is a member of the WW Town Council, that he discussed his interest in this subdivision matter with Legal Counsel, who advised him to seek permission from the RI State Ethics Commission to appear as an individual to this Planning Board and not as a member of the WW Town Council. Permission, with restrictions, was granted in writing, letter is held in the Town Clerks Office.  The Ethics Commission restrictions state that Mr Licciardi cannot appoint or reappoint members to the Planning Board.  During this time there have been appointments to the Planning Board, Mr Licciardi abstained from the process and voting. 

Applicant was represented Attorney Tom Cronin. They have reviewed the Technical Review Committee’s notes and have no problem with the stipulations. The development consists of 7 lots for new, single-family homes, 2 lots for drainage and 1 lot for the existing home. Conforming sub-division, no waivers, no variance, and no special use permits are needed for the project. Public road will be constructed, a cul-de-sac with sidewalks on each side and entrance and intersection on Carlson Circle. Development will have public utilities; WW Sewer and KC Water. It's the applicant’s request that this approves final be handled Administratively.

Timothy Behan engineer for the project, gave summary of project and explained the 2 drainage lots. Roof top run off will go into a drywell and then drainage will travel into the existing pipe.  Sewer will be an extension of the present. New fire hydrant will be installed.

Mr Pimentel, urban-planner neighborhood analysis – consistent with Town’s Comprehensive Plan.

Paul Bannon - traffic engineer – 5-7 cars - 1 car every 10 mins.  3 way stop sign. Mr Barrett, asked if you can put a no left turn at the intersection.  Attorney Cronin suggested to make Carlson Circle a one way, those in attendance moaned.

Discussion

Mr Petrarca questioned the drywell – 2-foot separation is required. Sewer connection line – easement from Cowesett Ave is going down the street not through the property.  Easement is going through private property.

Jason Licciardi – 26 Carlson Street not opposed to the project – the entrance will be facing his home.  Sept 2019, stipulation was made to check with RIDOT to have entrance on Cowesett Ave.  In Jan 2020, the stipulation was removed by the Planning Board.  Mr. Petrarca asked if the applicant submitted to RIDOT, attorney replied that they did not contact RIDOT about Cowesett Avenue access. Resident on Cowesett was remaining, as there would be no access to Cowesett Ave.  With access via Carlson Circle lights will be shining in his house.  Jason has lived there for 23 years and is here to protect his family, his son has down syndrome and autism, the lights will drive him crazy. Jason met with the builders in 2019, he has looked at the plans, there are other ways to set it up. Sewer line and water line is going out to This is going to have a real, real harmful effect on his family.

Chris Tyler- 31 Carlson Circle – Entrance is a problem too. No sidewalks, a lot of  foot traffic keep it safe.  Water, what happens under the ground.

Joe DeFalxo – 15 Carlson Circle – water issues – Water in the basements. What does a dry well mean? Engineer replied -It capture roof run off, into crush stone and then eventually seeps into the ground.  What happens if the current residents start getting water in their basements again?

Janet Cayouette- 30 Carlson Circle – the corner of Carlson Circle near the field is as dangerous corner.  Want it to remain safe. Also flooding when it rains.  House was built in 1986 and she still gets water in her basement.

Jason Licciardi – 26 Carlson Circle – Is this going to be a Homeowners Association, if the development causes issues, who do we go to? Homeowners Association? They are responsible for the drainage system and maintenance, and the regulations will be written into the Association’s Documents. Where is the snow going to be put?  If the lights shine into his house and his family are suffering internally, who does he go to?  Chairman replied-that is not a decision of the planning board.  Mr. Barrett stated to check with the ADA or Attorney General’s office.  Has the developer thought of any buffers for lights? The road is angled to go straight not to go by his house unless the cars are taking a left turn. Can the plans be changed?  This is the plan submitted, the developer is not willing to change the plan. Mr Garcia asked if the resident was still living in the existing house, with the person living there, access to Cowesett Ave was impossible. 

Barbara DeFalco – 15 Carlson Circle – Traffic is going to be horrible, there is always a line to get onto Cowesett Ave. from Dounetos St. Also there is swamp over there and flooding when it rains

Jimmy Pollitt- 2 Carlson Circle – no sidewalks on Carlson Circle, Is that going to make my taxes go up.  The houses will be built on slabs.  When they tie into the sewer/orangeberg is that going to make my taxes go up?

Steven Giammarco - 9 Lee Street – Water table is so high houses built on slabs, cannot put basements.  Water pressure is bad, 2-3 lbs., supposed to be 5 lbs. of pressure by law.

Mr. Barrett asked since Mrs. Carr is not living in the house, can you add a stipulation to ask RIDOT if access can be on Cowesett Ave.  Mr Cronin objects to the stipulation. Board is in favor of the stipulation to be added. 

Motion was made by Mr. Barrette to close the public hearing, seconded by Mr. Appolonia. Passed unanimously.

A motion was made by Mr. Appolonia to approve the Preliminary Plan with the following stipulations; That all drainage shall be maintained by a neighborhood association and that an annual drainage inspection and report shall be submitted to the Town Engineer and/or Building Official for review and compliance with routine maintenance of the drainage system.  Documents related to the proposed homeowners association, which shall include a deed restriction on each of the new lots, and their maintenance obligations shall be provided to the Town Planner for approval, that the language for all utility easements shall be approved by the Planning and Zoning Legal Counsel, 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, The on-site drywell detail found on page 17 of 17 indicates that the drywell for the roof leaders is to be installed with a 2-foot differential between groundwater and bottom of the system.  Verification of adequate depth to groundwater, provided by a design or environmental professional shall be approved by the Town Engineer, existing RIDEM and WWSA permits must be modified, seconded by Mr Petrarca.  Roll call vote passed unanimously.

Planning Board Vote

Joseph DiMartino                  Yes

                                    Felix Appolonia                      Yes     

                                    Joshua Barrette                       Yes

                                    Anthony Petrarca                    Yes

                                    Jessica Rubery                                    Yes

Joe Garcia (Alt.)                     Yes

Motion was made by Mr Appolonia to add a stipulation for the applicant to ask RIDOT if access could be from Cowesett Ave. seconded by Mr. Garcia.  Discussion - Legal Council stated if the stipulation to go to RIDOT and they approve the access to Cowesett Ave.  That is not the plans submitted as they do not want to take down the existing house.

Motion is denied.

Planning Board Vote

Joseph DiMartino                  No

                                    Felix Appolonia                      No      

                                    Joshua Barrette                       Yes

                                    Anthony Petrarca                    No

                                    Jessica Rubery                                    No

Joe Garcia (Alt.)                     No

Motion was made by Mr Petrarca for the approval of the final plan to be done administratively, seconded by Ms. Rubery.  Motion was rejected unanimously.

 Planning Board Vote

Joseph DiMartino                  No

                                    Felix Appolonia                      No      

                                    Joshua Barrette                       No

                                    Anthony Petrarca                    No

                                    Jessica Rubery                                    No

Joe Garcia (Alt.)                     No

Item 6  Public Comment

Motion to adjourn made by Mr. Appolonia seconded by Mr Garcia. Meeting was adjourned at 933 PM