1.    5:34 P\.M.  CALL TO ORDER

 

Present:   Pres. Duhamel, Vice Pres. Giorno

                 Councilors Aiello, Cooke, McCuin

                 T. Mgr. Rooney

                 Co. Clk. Giordano

                 T. Sgt. Falcone

 

In Attendance Remotely:   Councilors Cioffi, Ahern

                                            Asst. T. Sol. Levesque

                                            T. Sol. Conley

 

INVOCATION – Councilor Cooke

 

SALUTE TO THE FLAG – Council President Duhamel

 

 

2.     NEW BUSINESS

 

Suspend Town Council Rules Of Procedure – Rule 9(8) – Committee of The Whole Requirement To Discuss And Consider The Following Resolution:

 

Motion by Mr. Cooke, Seconded by Ms. Giorno, that the Town Council Rules of Procedure be suspended as aforesaid.  (Voted Unanimously)

 

a.     20/21-28 Resolution Authorizing The Town Manager To Sign A Memorandum Of Understanding With U.S. Fish And Wildlife Services

 

Motion by Mr. McCuin, Seconded by Ms. Giorno, that the aforesaid resolution be adopted.  (Voted Unanimously)

 

 

3.     PUBLIC HEARING (Adv. on 9/15, 9/22, & 9/29/20   for this time)

 

a.     Comprehensive Community Plan – 2020-2040

 

Present:   Lisa Konicki, Director of Development Services

                 Nancy Letendre, Town Planner

 

1.     Development Services Memorandum regarding Proposed Changes

 

2.     Proposed Ordinance – “An Ordinance Adopting And Enacting A New Comprehensive Plan Pursuant To R.I.G.L. 45-22.2-8 And The Westerly Town Charter Article 12; Providing For When Such Ordinance And New Comprehensive Plan Become Effective; And Repealing All Previous Comprehensive Plans For The Town Of Westerly, Rhode Island

 

(a)   Rights-Of-Way

        (i)   Memorandum from Town Solicitor Conley, dated September 4, 2020 – re: Spring Avenue

        (ii)  Memorandum from Town Solicitor Conley, dated September 30, 2020 – re: Sand Trail (Ninigret Avenue)

 

(b)   Correspondence received from:

(i)    Frank and Angela Volpicelli – re: Proposed Amendments for Winnapaug Golf Course

(ii)    Chris and Ken Julian – re: Proposed Amendments for Winnapaug Golf Course

(iii)   Heather Ainslie – re: Spring Avenue Right-of-Way

(iv)  Linda A. Guilfoil – re: Proposed Amendments for Golf Courses

(v)   Ann Taffe – re: Proposed Amendments for Winnapaug Golf Course

 

     Council President Duhamel noted that significant input was received from the public.  He stated that the input focused on three themes--the zoning ordinance amendment, the Winnapaug Golf Course, and the rights-of-ways.  He felt that these issues should be reviewed further by the Planning Board.

 

      In response to President Duhamel's concern with having golf courses as a commercial recreational use in the Comprehensive Plan, Assistant Solicitor Levesque stated that the Comprehensive Plan is an aspirational goal for the next twenty years; that the inclusion of golf courses as a commercial recreational use is a concept; and that, during the zoning amendment public hearing, if the Council feels that the zone change is not warranted, it is not bound by the Comprehensive Plan and the Plan can always be amended.

 

     Town Planner Letendre explained the differences between 2010 Comprehensive Plan and 2020 Comprehensive Plan regarding golf courses as they relate to open space and recreation, rights-of-ways to the shore and continued maintenance of same, and noted new language being proposed this evening to be added to Section 2.5 Water Access.

 

     Council President Duhamel noted that the Town Manager has been able to meet with the Weekapaug Fire District to secure another right-of-way access at the Weekapaug Breachway.

 

     Councilor Cooke read into the record a press release regarding the improvement of public access along the Weekapaug Breachway to be undertaken by CRMC and DEM this fall.  

 

     Council President Duhamel referenced an email received from Peter Alter of Painter Road regarding the Spring Avenue right-of-way and evidence in the land records that both supports and challenges the proposition that the subject real estate is a public right-of-way.  He stated that the Town Manager should work with the Fire District regarding same.

       

     Councilor Cooke suggested that the Spring Avenue right-of-way be left in the Comprehensive Plan and let it be challenged in court.  Councilors Giorno and Ahern concurred.

 

     Council President Duhamel summarized that the zoning text amendment will be referred back to the Planning Board for further deliberation, with the hope that the neighborhoods will be able to work with the Planning Board, to express their concerns,  to ensure that the golf course is preserved and maintained and that the accessory uses would fit, and for further definition of the rights-of-ways with Spring Avenue to be included therein.

 

Motion by Ms. Giorno, Seconded by Mr. McCuin, that the public hearing be opened.  (Voted Unanimously)     

 

     Council President Duhamel read into the record the names of all the individuals who submitted correspondence regarding the zoning amendment to be heard on October 19th, access to rights-of-way, and the Harbor Management Plan, and one letter from the Ayers Foundation in support of keeping the Tower Street School as a community center.  Said correspondence is attached to the record of these proceedings.

 

     Participants:  Benjamin Weber, 3 Blossom Ct - Comprehensive Plan must include all previous and potential rights-of-way; would like map; William Landry, Esq., Blish & Cavanaugh, representing Keep Westerly Green Coalition - consider impact of Plan on zoning amendment regarding golf courses; concerned that commercial recreation includes residential uses; no limitations; language open ended; section should include more protection; Edward Rossomondo, 12 West Fairway Ave - concerned with commercial recreation, which includes golf courses; the phrase "recreational uses" is ambiguous; concerned with phrase "economic vitality"; asked that" future residential use" phrase be changed; send Comp Plan draft back for revision; Nina Rossomondo, 12 West Fairway Ave - specifics in Plan are developer's dream; read mission of Comp Plan; concerned with commercial recreation, which may include residential uses; Plan needs further review; Ken Julian, 16 West Fairway Ave - noted changes from 2010 Plan to 2020 Plan; land use allocations; objects changes in classification of golf courses from open space and recreation to commercial recreation; Steven Cersosimo, 4189 Old Post Rd, Charlestown - re: Spring Ave ROW; presented photographs of Spray Rock Road in 1936 and photograph of fence that was erected there; more investigation needed; concerned about sand trail; would like map; would like to see additional language in Comp Plan regarding rights-of-way; James Milardo, 104 South Woody Hill Rd - re: Spring Avenue right-of-way and Sand Trail; Jill Scola, 189 Watch Hill Rd - re: Winnapaug Golf Course; explained plans for the course; Nicole Scola, 189 Watch Hill Rd - re: Winnapaug Golf Course; explained plans for course; Thomas J. Liguori, Jr., Esq., 85 Beach St - re: Winnapaug Golf Course; rights-of-way (Spring Avenue); Sand Trail does not allow access to Block Island Sound; court judgment; Nicholas Scola, 189 Watch Hill Rd - re: Winnapaug Golf Course; defended plan for course; Richard Baisch, 39 Riverdale Rd - re: Rights-of-Way; Thomas McAndrew, Esq, 9 Upland Rd - reference to Niantic Avenue in Watch Hill in Harbor Management Plan; a private right-of-way; no one prevented from walking Sand Trail; Waters Edge right-of-way; owners received no notice of CRMC application

 

8:05 P.M. FIVE-MINUTE RECESS

 

8:15 P.M. RECONVENED

 

     Participants:  Nadine Davidson, 325 South Woody Hill Rd - would like to see Comp Plan coordinated with Harbor Management Plan re rights-of-way; asked if rights-of-way can be put to referendum or taking them through eminent domain; Gwen Whitham, 3 Carriage La, E. Granby, CT - re: Right-of-Way access; Anthony Palazzolo, Esq., 285 Pendleton Hill Rd, N. Stonington, CT - re: Sand Trail; Spring Avenue; would like Council to refer this right-of-way to CRMC; right-of-way in Harbor Management Plan and Comprehensive Plan; Peter Alter, 5 Painter Rd - appreciates Council including Spring Avenue in Comprehensive Plan; John Ornberg, 42 Edgewood Ave - re: Rights-of-Way; noted changes that should be made regarding same; Jared Belanger, 61 Old Post Rd - re: Comprehensive Plan; Rights-of-Ways'; Sand Trail should be Ninigret Avenue; Lisa Konicki, President, Ocean Community Chamber of Commerce, 1 Chamber Way - re: Winnapaug Golf Course; noted handout distributed by Keep Westerly Green Coalition against plans for the Golf Course; Jonathan Schmid, 3 South Fairway Ave - re: Winnapaug Golf Course; plan will adversely affect property values; Paula Ruisi, 3 Shepherds Run - read mission from 2018 Comprehensive Plan Committee; draft contrary to what is in the 2020/2040 Plan; Plan needs to go back to Planning Board for more review; Barry Lund, 11 Tom Harvey Rd - ambiguity regarding land use designations; Winnapaug Golf Club included in commercial recreation with potential residential use; document needs to be better defined to safeguard taxpayers; Jean Gagnier, 6 Narragansett Ave - re: Comprehensive Plan; golf courses; sewer expansion in Winnapaug area

 

     Council President Duhamel noted the memorandum from the Development Services Department providing proposed changes to the Comprehensive Plan. 

 

     Councilors responded to comments from the public regarding rights-of-way and maintenance of same, the golf course, and meshing the Comprehensive Plan with the Harbor Management Plan.

 

     The Council expressed its appreciation to all members of the public who participated in the hearing and expressed their views.

 

Motion by Mr. Aiello, Seconded by Ms. Giorno, that the public hearing be continued to Wednesday, October 14, 2020, at 5:30 p.m.  (Voted Unanimously)

 

 

4.     ADJOURNMENT

 

        9:27 P.M.  Voted Unanimously to adjourn.

 

 

     Details of the aforesaid proceedings are available on video on the Town of Westerly website.