1.    5:30 P.M.  CALL TO ORDER

 

Present:   Pres. Duhamel, Vice Pres. Giorno

                 Councilors Aiello, Cooke, McCuin

                 Co. Clk. Giordano

                 T. Sgt. Falcone

 

In Attendance Remotely:   Councilors Cioffi, Ahern

                                            Asst. T. Sol. Levesque

                                            T. Sol. Conley

 

Absent:  T. Mgr. Rooney (arrived 6:00 p.m.)

 

INVOCATION – Councilor Cooke

 

SALUTE TO THE FLAG – Council President Duhamel

 

 

 2.    NEW BUSINESS

 

a.     Proposed Ordinance – “An Ordinance In Amendment Of Chapter 5 Of The Westerly Code Of Ordinances Entitled ‘Boards, Committees And Commission’” (Add Article XX Veterans ‘Rolls of Honor’ Memorial Committee”

        (Order Adv. for Public Hearing on 10/26/20)

 

Motion by Ms. Giorno, Seconded by Mr. Aiello, that the aforesaid proposed ordinance be ordered advertised for public hearing on October 26, 2020.  (Voted Unanimously)

 

 

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

 

a.     Comprehensive Community Plan – 2020-2040

 

Present:   Lisa Pellegrini, Director of Development Services

                 Nancy Letendre, Town Planner

                 James Hall, Esq., Planning Board Chair

 

1.     Development Services Memorandum regarding Proposed Changes dated September 30, 2020

 

2.     Development Services Memorandum regarding Response to Citizens’ Comments at October 6, 2020 Special Meeting

 

3.     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

 

     Ms. Pellegrini addressed the aforesaid memoranda, one in response to Citizens' Comments regarding rights-of-way and golf courses, and the other regarding proposed changes to the Comprehensive Plan based on public comment.  With regard to rights-of-way, she stated the need to clarify that there are two different documents, one is the Comprehensive Plan, which is a global document, and the Harbor Management Plan, which was approved by Council and is awaiting approval from CRMC.  She noted that the rights-of-way are very clear in the Harbor Management Plan and felt it important to have the map in the Comprehensive Plan showing the rights-of-way as they appear in the Harbor Management Plan with the intent of always referring to the Harbor Management Plan for clarification.  She stated that the Comprehensive Plan is a document that balances the needs of the community for the next twenty years.  She noted the proposed changes to the Plan in the September 30th memorandum.

 

     Council President Duhamel addressed the commercial/recreational zoning as it relates to accessory uses for golf courses, in particular the Winnapaug Golf Course.  He recommended that there be tightening of the language that preserves the golf course and defines the additional use in a greater manner.  He read from a petition submitted by the Keep Westerly Green Coalition expressing concern with the plan for the Winnapaug Golf Course.  He felt that there is clearly a misunderstanding with the outcry from the public and further felt that there has to be some negotiation between the Planning Board and the neighborhoods to ensure the preservation of the golf course.

 

     In response to Council President Duhamel's question as to what development can occur on the golf courses under the current Comprehensive Plan and zoning regulations, Assistant Solicitor Levesque responded that the most expansive use of the property could occur through a comprehensive permit, which ignores existing zoning and density and allows for affordable housing.

 

     Town Planner Letendre read from the Memorandum of Proposed Changes regarding rights-of-way and public access to the shore noting that the language is consistent with what is in the Harbor Management Plan.

 

     Discussion was held regarding the proposed changes, the removal of the words "some form of" from Action Item 2.1.E which requires public access to be provided  upon development and redevelopment, whether the Plan can be sent back to the Planning Board without closing the public hearing, the owner's right to change the golf course from a public course to a private course, eliminate it, or change it to a residential zone, and review of rights-of-way and residential uses in   recreational areas.

 

     It was the consensus of the majority of the Council that the bullet point in Proposed Change 1 regarding the removal of rights-of-way numbers 16 and 17 be deleted.  (Councilor McCuin dissented)

 

     It was the consensus of the Council that the rights-of-way identified in the Comprehensive Plan equal those in the Harbor Management Plan.

 

     It was the consensus of the Council to approve Proposed Change 4, which mirrors the Harbor Management Plan regarding public access points.

 

     It was the consensus of the Council to remove the words "some form of" from ACTION REC 2.1.E in Proposed Change 5 regarding public access.

 

     It was the consensus of the Council to approve Proposed Change 2, which adds the sand trail and to refer to the Harbor Management Plan.

 

     Council President Duhamel stated that, regarding Commercial/Recreation, the Council realizes that there needs to be clarification and will rely on the Planning Board for same.  He noted that the Council came to a consensus this evening that there must be some work between the neighborhoods and the property owner regarding plans for the Winnapaug Golf Course.

 

     Council President Duhamel stated that he would like to refer the Comprehensive Plan back to the Planning Board for further review on the concerns that were raised.

 

     Participants:  Kelly Fracassa, Esq., representing Keep Westerly Green - re: Subsection 3.3.4 Commercial Recreational to include residential uses;Table 5 future uses in C R district; residential uses prohibited in commercial zone; open space and recreation - golf courses are open space; adding conflict between provisions when adding residential use; Edward Rossamondo, 12 West Fairway Ave - Keep Westerly Green to protect open space and the famed Donald Ross golf course; worked with Development Services on language; close to a compromise; population density; asking Council to acknowledge concerns of almost 400 signatories on petition; please remove section; Stephen Cersosimo, Charlestown - re: displayed photograph of Spring Avenue right-of-way in 1930; displayed map of Spring Ave in 1930 going to water; displayed photo showing unmaintained right-of-way; would like maintenance of ROW's placed in budget; Bluff Ave right-of-way encroachment by driveway; not a lot of parks and recreation in Comprehensive Plan; playgrounds should be opened; Gerald Petros, Esq., representing Watch  Hill Fire District and Conservancy - re: Section 2.1 concerning conservation acreage; suggested changes; sea level rise; language too narrow; should be broader to embrace innovative methods; Coastal Environment - Napatree Point Conservation Area is not a public beach; should be revised to read "a privately owned beach, publicly accessible"; Water Access and Designated Rights-of-Way; Fort Road; neither a public road or public right-of-way…..

 

     Council President Duhamel, on a point of order, noted that this is a continued public hearing and many public comments have already been made.  He asked if the Council would want to continue with public comments, but for a shorter speaking period.  After conferring with the Council, President Duhamel stated that, anyone who has not yet spoken, will have ten minutes and those who have previously spoken will be limited to five minutes.

 

     Participants:  James Tarbox, 52 Riverview Ave - re: Spring Ave right-of-way; asking that Council take a formal vote to have all rights-of-way be reviewed by CRMC, including Spring Avenue and the Sand Trail; Jared Bellanger, 61 Old Post Rd - re: Rights-of-Way 16 and 17; pond access; Benjamin Weber, 3 Blossom Ct - re: Rights-of-Way; hasn't received response to his questions regarding Weekapaug Breachway; have public take active role in establishing and maintaining ROW's; beach access; urged Council to continue hearing for public input; Nicholas Scola, 189 Watch Hill Rd - re: Golf Course; asked for clarification of residential uses in Section 260-73; James Malardo, 104 South Woody Hill Rd - re; Sand Trail; Anthony Palazzolo, Esq., North Stonington, CT - re: Sand Trail; Spring Ave ROW; Soloveitzik's conclusion that Spring Ave is not a public road; Council has now received evidence from public that road is a ROW and should be sent to CRMC for review; correspondence from public not available on line

 

     Council President Duhamel read the list of e-mails received regarding rights-of-way, the Tower Street School, and the petition regarding the Winnapaug Golf Course.

 

     Participants:  Thomas J. Liguori, Jr., Esq, 85 Beach St - re: Spring Ave ROW; not recognized as a right-of-way; Sand Trail is recognized as right-of-way; should follow Harbor Management Plan; Golf Course; no provision that would increase height of buildings; Dylan LaPietra, 26 Newton Ave - re: Comp Plan; asked that, if Plan is sent back to Planning Board, can citizens speak on any other area of the Plan

 

     Participating Remotely:  Richard Constantine, 35 Knowles Ave - re: Rights-of-Way; tremendous amount of effort put into ROW's by Harbor Management Commission; Spring Ave never included in Harbor Management Plan because of Soloveitzik's conclusion; made aware of Table 2-11 but did not view; realized that what was included in Comprehensive Plan was not in Harbor Management Plan; agrees that plan should be sent back for review; Spring Rd never used as a public right-of-way; has always been used as a path for Weekapaug residents; Ken Julian, 16 West Fairway Ave - re: Golf Course; if course has all rights, why does language in Comprehensive Plan have to change to include more open-ended language; Ernest Mattei, 63 Noyes Neck Rd - re: Rights-of-Way; Sand Trail and 1997 Consent Judgment; Soloveitzik conclusion that there is no evidence that Sand Trail is owned by Town; owned by Weekapaug Fire District; only right to public access is through an easement; does not want taxpayer dollars spent on litigation; David Barry, 51 Noyes Neck Rd - re: Rights-of-Way; confused as to how Spring Ave is in Comprehensive Plan when it is not in Harbor Management Plan; evidence would have to be that Town accepted road; Ellen Kane, 76 Winnapaug Rd - re: Rights-of-Way; Spring Avenue question should be referred to CRMC; Soloveitzik conclusion is that there is conflicting evidence; John Kelly, 76 Winnapaug Rd - re: Rights-of-Way; Spring Ave extension owned by Weekapaug Beach Company; not a signatory to consent agreement; agreement made  between Weekapaug Beach Company and Spray Rock Rd Trust to restrict access; public right-of-way by use; Weekapaug Fire District does not own right-of-way; Jason Jarvis, 70 Beach St - re: Rights-of-Way; Spring Ave, if not ROW, how is beach accessed for fishing; send to CRMC for review; Martha Hosp, 12 Waxcadawa Ave - re: Rights-of-Way; noted generosity of Weekapaug residents to the organizations of Westerly and their commitment to Westerly

 

Motion by Mr. Cooke, Seconded by Ms. Giorno, that the public hearing be closed.

 

     Councilor Cooke withdrew his motion and Councilor Giorno withdrew her second.

 

     Councilor Aiello recommended the following changes to the Comprehensive Plan:  page 77 Recreational Chart, ACTION ITEM REC 1.2.D, add "and implement"; page 132, Table 2-3, add ", classrooms"; page 123, remove "Weekapaug Inn Beach" from the list in Subsection 1.6.4.

 

Motion by Mr. Cooke, Seconded by Ms. Ahern, that the public hearing be closed.  (Voted Unanimously)

 

Motion by Ms. Cioffi, Seconded by Ms. Ahern, that the proposed 2020-2040 Comprehensive Plan be referred back to the Planning Board for review of Rights-of-Way and Open Space/Recreation.  (Voted Unanimously)

 

     The Council expressed appreciation Town Planner Nancy Letendre and Director of Development Services Lisa Pellegrini for their efforts in this endeavor.

 

 

4.     ADJOURNMENT

 

        9:25 P.M.  Voted Unanimously to adjourn.

 

 

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