Planning Board – Meeting Minutes
Tuesday, August 18, 2020 - 6:00 p.m.

 

*Pursuant to Governor Gina M. Raimondo’s Executive Order 20-25, dated April 15, 2020, this meeting was held in person and electronically via Zoom and was publicly advertised.

 

Council Chambers, Westerly Town Hall
45 Broad Street, Westerly, RI 02891

 

A. CALL TO ORDER

Mr. Hall called the meeting to order at 6:02 p.m.

 

B. ROLL CALL AND ATTENDANCE

 

Members present:           Chair James A. Hall, IV, Vice Chair Richard W. Constantine, Secretary Christopher K. Lawlor, Alternate Secretary Justin M. Hopkins, and Member Joseph M. Montesano

 

Members absent:             Member Jason Parker

 

Staff present:                   Assistant Solicitor for Planning & Zoning Atty. Scott Levesque, Town Planner Nancy Letendre, Principal Planner Alyse Oziolor, Director of Information Technology Marc Tate, and Minute Taker Stephanie J. LaSota

 

C. APPROVAL OF MINUTES

 

1.      July 21, 2020 Regular Meeting – Mr. Hopkins made a motion to approve the July 21, 2020 meeting minutes as submitted. Mr. Montesano seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

D. CHANGES TO THE AGENDA

Review, discussion, and possible action by the Planning Board on changes to the agenda, including known continuances and the order in which items will be heard.

Ms. Letendre said Item E 2, Planning Case 2020-DPR-09: Rawson Materials – Chapman Property Excavation – Master Plan Review (3-7 North Granite Avenue | Assessor’s Plat 48, Lot 41), will be withdrawn. She read into the record a letter from the applicant dated August 18, 2020 stating they would be withdrawing the application.

Mr. Montesano made a motion to withdraw Planning Case 2020-DPR-09: Rawson Materials – Chapman Property Excavation – Master Plan Review from the Planning Board agenda. Mr. Lawlor seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

E. OLD BUSINESS

 

1. 2020-DPR-08: Environmental Remedy –Combined Master & Preliminary Plan Review (14 & 18 Canal Street | Assessor’s Plat 56, Lots 26 & 27) Review, discussion, and possible action and/or continuation to a future meeting by the Planning Board on Combined Master and Preliminary Plan Review and advisory opinion and recommendation to the Zoning Board for an environmental remediation and parking lot construction.

Mr. Hall was recused from the hearing due to his professional office’s proximity to the project and he left the meeting at 6:12 p.m. Mr. Constantine introduced Planning Case 2020-DPR-08. Ms. Letendre said several individuals are zooming in as part of the presentation and may be screen sharing documents during this portion of the meeting.

Atty. Christine Dieter representing the Narragansett Electric Company, doing business as National Grid, was present on behalf of the application. Also present was Todd Brayton to explain the traffic study, Amy Willoughby, of National Grid, Matthew Caulfield, of GZA GeoEnvironmental, Inc., and David Rusczyk.

Atty. Dieter gave a high-level review of the project and explained what each expert would address. Mr. Caulfield introduced himself to the Board. He described the site and permits required. He said it will contain a proposed concrete sidewalk, 104 parking spaces, with 5 being dedicated handicap spaces. Mr. Brayton, a registered professional engineer, who did the traffic study, introduced himself to the Board. Mr. Brayton said the project would have a minimal traffic impact on the area. He described the location of the project and the implications of it on local traffic. There was further discussion on the details of the traffic study and the addition of a stop sign on Canal Street. Peter LaPaolla, a professional community planner, introduced himself to the Board and described his educational background.  Mr. LaPaolla explained he was asked to review the project for consistency with Westerly’s Comprehensive Plan and explained how it was consistent with it. There was discussion on the lighting in the project. Atty. Dieter said whether the lot would be free or paid parking would be determined by the lessee at the time they took over the site, as well as Town Ordinance requirements.

Mr. Hopkins read into the record a legal motion from a Memo dated August 3, 2018 regarding the details of Planning Case 2020-DPR-08 Environmental Remedy –Combined Master & Preliminary Plan Review (14 & 18 Canal Street | Assessor’s Plat 56, Lots 26 & 27) and made a motion to approve the project with conditions as written in the memo. Mr. Montesano seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

Mr. Hopkins made a motion that the Westerly Planning Board renders a favorable recommendation to the Zoning Board on the merits of the proposed development. The Planning Board advises that the granting of the requested special use permit would be in keeping with the general character of the area, improves upon the presentation of this commercial lot, and for safe circulation of vehicles and pedestrians.  The relief requested is also consistent with the Comprehensive Plan as it seeks to promote the economic use of land without adversely affecting the environment and promotes redevelopment within the urban services boundary. Mr. Montesano seconded the motion. The motion CARRIED by unanimous vote.

Mr. Montesano asked if the applicant would send a letter to the Westerly Police Commission and the Department of Public Works regarding the stop sign installation on Canal Street as part of the project.

 

2. 2020-ATC-04: Tower Street School – Recommendation to Town Council (83 Tower Street | Assessor’s Map 58, Lot 186) Review, discussion, and possible action and/or continuation to a future meeting by the Planning Board on request for Recommendation to the Town Council on Sale of the Property.

 

Ms. Letendre said it is not a public hearing but there is community interest as it was in the newspaper and some members of the public wish to speak. She reviewed that in July the Board reviewed the Town Council’s referral to the Board about the possibility of selling the Tower Street School Community Center (TSSCC) property. She said Principle Planner Alyse Oziolor has done a lot of research on the project and they have had other input from Town staff. Ms. Letendre listed all of the uses of the building in the past and the various schools, organizations, and community services that utilized the space.

Mr. Hall asked if there are any standards for a recommendation. Atty. Levesque said the essence of it is the Planning Board should decide if the building should “cease to be used for public purpose” as requested by Town Council. There was discussion on the school’s management of the property and the cost burden of it. There was discussion of the cost of rent for organizations using the space. Ms. Letendre said that she could find more information on that.

Maxson Hence, of 6 Haversham Road, Westerly, founding member of the Ayers Foundation, said the foundation has collaborated with the center for almost 10 years. Mr. Hence advised the Planning Board and Town Planner to contact the director of the building, Joan Serra, for any financial details on the building’s maintenance. He said in addition to the transition academy and 7 or 8 other programs, TSSCC had a community garden managed by the Ayers Foundation for ten years, which was the only certified organic garden in Rhode Island and produced roughly 1,000 lbs. of food for the community. Mr. Hence said the building appraisal deemed it completely safe for the public. He said it was a center not only for social services but closely linked to the educational system and it enhanced the educational services and provided after school programs for youth. He said TSSCC attracted $100,000 in grant funds and it is a misnomer that it is a financial burden. Mr. Constantine said the Board needs to understand the decisions made to close the center and the financial details before they can decide.

Ayana Melvan, of 35 Sherwood Drive, shared that the Westerly Public Schools (WPS) budget for TSSCC was $166,000 and all programs at the facility were grant funded and funds were given to WPS.

Gina Fuller, a former WPS School Committee member, said the question the school considered is if TSSCC services would be better run by the school department or by the Town. She said the real answer is it was a mix of both. She said in this year’s budget deliberations the Town Council requested the school committee return care and control of TSSCC to them with the understanding that WPS would receive the bulk of their financial request. She said there was no anticipation of ending programs but within a week of the Town Council taking control there was discussion of sales. Programs that were anticipated to be run were not run because of timing as well as Covid-19 restrictions, she said. Ms. Fuller confirmed many organizations paid rent and much was grant funded. Mr. Constantine asked if the line item in the school’s budget to support TSSCC was a net cost or if it included what they paid and not what they received in rent. Ms. Fuller said that was always a question that came up annually in finance and school committee meetings. She said much of what happened at TSSCC was split up among grants and she cannot give an accurate figure for the last couple of years. Mr. Constantine suggested the Planning Board better understand if the facility is an expensive venture or not and learn if the Town Council understand the numbers.

Mr. Hence said he listened closely at school committee and Town Council meetings and what was quite clear was that the TSSCC budget cost to the Town was misrepresented at the school committee level. He said the cost to the Town is the cost of having a director, maintenance, and janitorial, but most everything else was covered by grants. He said the deliberations between the Town, WPS, and superintendent were not transparent and accurate, and if they had been, they wouldn’t be at this crossroads today.

Mr. Montesano recommended to the Planning Board that they don’t have enough information to form an opinion and suggested they get public comment and continue this topic to September. He said they need financial information and he was not aware of all the public services involved at Tower Street School Community Center. He said a hybrid component could be looked at to keep services and some income generated for the Town. Mr. Lawlor said his primary question is whether the property has become unsuitable for public purposes and he doesn’t think that’s true. Mr. Hopkins said the thing that strikes him about this is as long as he’s been a Board member, they have discussed the Comprehensive Plan and through every conversation they touched on a lot of things that occur at TSSCC. He said this is one of the largest public owned properties and we should be deliberate in the way we look at its future use. Mr. Hall said the Board has expressed the need to unpack “suitable for public use” and discussed uses for the property. Mr. Hall asked Ms. Letendre to confirm lease amounts and if the undeveloped land is necessary for the facility’s functions as it is a large parcel. Mr. Hall said the facility is a prime example as to why the Town needs a grant writer - someone dedicated to securing funds for this Town.

Ms. Melvan said she was present to represent TSSCC after-school programs. She said she has lived in Westerly for 10 years and TSSCC has been a model for the State for after-school programs. She said she has worked in the field for 20 years. She said just today she spoke with a local mom who only found out today she can’t go to the program and her daughter has no where to go. She said many families are left without services. Ms. Melvan further described the after-school and child care programs offered. She said she moved to Westerly for a better quality of life and she understands budgetary constraints, however TSSCC brough in money. She agreed that Westerly needs a grant writer. She said she wishes the Town would have sought to lean on programs first for funding rather than closing the doors on TSSCC. She said the Town reacted without strategy and planning. She said Westerly will need this space. She mentioned reopening plans for WPS are tight and if you don’t have space around Town that can house children safely, that is an issue. She further detailed the merits of TSSCC to the Town.  Mr. Hall asked in the future is anyone aware if WPS needs more space while school’s are worked on. Ms. Letendre said when State Street School redevelopment was discussed, TSSCC was mentioned as flex space. There was further discussion on this topic.

Patrick Straus, of 730 Pontiac Avenue, Cranston, said he used to live in Westerly and is cofounder of the non-profit Freshconn, a virtual farmers market giving e-commerce and delivery solutions to local producers and artisans. He shared more about his professional background and said he is in support of TSSCC. He said he launched a petition on www.change.org to save TSSCC and at the time of the meeting he had over 700 signatures and 2,000 shares on social media. He thanked the Planning Board for listening to the public. He said he volunteered at TSSCC for five years and Freshconn is willing to help support some programs financially so they can stay. He said the TSSCC programs are educating children and parents on operations and life skills that the Federal school system has undermined, like nutritional education. Mr. Hall asked him to share the petition with the Town Planner. Mr. Straus said he would share the petition and since the population of Westerly is roughly 22,000, you could possibly receive 10 percent community feedback without any marketing funds spent. He said he thinks the numbers will play out in TSSCC’s favor.

Mr. Hence thanked Mr. Straus for his statements. He said the Ayers Foundation in collaboration with a healthy living camp is a model for helping kids in primary school to retain their knowledge. He also noted that his wife, also a cofounder of the Ayers Foundation, also cofounded the preschool at TSSCC and is a German-certified educator in close collaboration with the director of TSSCC. Mr. Hence said the whole of TSSCC is much greater than the sum of its parts. He said the parcel is 11.2 acres and his foundation could utilize more of the space. He said he has been a professional organic farmer for 25 years with a degree in natural resources management and he collaborates with Johnson & Wales University and all State charter schools, Westerly elementary schools, and inner-city schools in Providence, among others. Mr. Hence said over 80 percent of Rhode Island’s productive farmland has been developed and about 80 percent of what is left is unprotected. He said the State does not have the precious open space that gives people quality of life. He said what makes Westerly special is the open space and that is represented by TSSCC, which is critical to the residents in terms of protecting quality of life, not even including social services. He said he was asked by Ms. Fuller to read this proposal into the record. Mr. Hence read into the record a proposal from the Ayers Foundation to the Town of Westerly on a private and public ownership of TSSCC. Mr. Hall asked if he has familiarized himself with the proposed Comprehensive Plan. Mr. Hence said he is familiar with it. Mr. Hopkins said the Ayers Foundation proposal sounds great and is worthy of public discussion. Mr. Hence said the Town Council also received a copy of the proposal and he had a meeting with the Town Manager.

Ms. Fuller thanked the Board for their time. She made further comments on the importance of TSSCC’s land for recreational use, including existing tennis courts. There were further comments on her grant writing background and garnering funds. She said the Town is short sighted not having a grant writer and the Town is lucky to have Director of Development Services Lisa Pellegrini, who has helped secure much funding for the Town.

The Board members agreed the TSSCC property is still suitable for public use and could not in good conscious recommend a sale with all the benefits shared by the public. Mr. Constantine said they raised enough issues that the Town Council should understand selling it is ill advised without more analysis. Ms. Letendre advised that the Board request more time from Town Council and plan a special meeting next week. Ms. Letendre said she could have the information needed for next week.

Mr. Montesano made a motion to schedule a Planning Board meeting on Tuesday, August 25 at 6:00 p.m. to further discuss a recommendation to the Town Council on TSSCC and asked to hear from a broader spectrum of individuals in the community. Mr. Hopkins seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

F. NEW BUSINESS

 

1.      2019-MJLD-07: 60 Ledward Avenue – Master Plan Review (60 Ledward Avenue | Assessor’s Plat 68, Lot 74) Review, discussion, and possible action and/or continuation to a future meeting by the Planning Board on request for Master Plan Approval, of a condominium development of 30 units, 6 of which are qualified LMI housing.

 

Attorney William Nardone was present on behalf of the application and said they requested a continuance to September. Atty. Levesque said the application is due to lapse on September 28 and the applicant is willing to extend to an October 28, 2020 deadline.

Mr. Montesano made a motion to continue the 2019-MJLD-07: 60 Ledward Avenue – Master Plan Review (60 Ledward Avenue | Assessor’s Plat 68, Lot 74) application to the September 15 meeting. Mr. Lawlor seconded the motion. Mr. Hopkins asked if it is appropriate to ask for public comment now or in September. Mr. Hall suggested it be held in September. Atty. Levesque said the applicant will make the full presentation in September and the public will have an opportunity to discuss it then. Ms. Letendre said she heard of the continuance just this afternoon and she did try to contact anyone who had expressed interest in the application to let them know that it will be heard September 15. The motion CARRIED by unanimous vote with no abstentions.

Atty. Nardone clarified that no additional advertising is required for the application.

 

2.      2019-DPR-17: 44 Frontage Road Solar Installation – Preliminary and Final Plan Review (44 Frontage Road | Assessor’s Plat 49, Lot 1) Review, discussion, and possible action and/or continuation to a future meeting by the Planning Board on request for Preliminary and Final Plan Review of a ground-mounted solar installation.

 

Ms. Letendre introduced the application. Atty. William Nardone explained the request to the Board. It was discussed that the applicant sought Preliminary Plan approval with Final Plan approval done administratively.

Mr. Montesano made a motion to grant Preliminary Plan approval for Planning Case 2019-DPR-17: 44 Frontage Road Solar Installation – Preliminary and Final Plan Review (44 Frontage Road | Assessor’s Plat 49, Lot 1) with Final Plan approval being done administratively. Atty. Levesque asked that the Planning Office memorandum be marked as Board’s Exhibit 1. Mr. Lawlor seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

3.      2020-DPR-04: 8 Franklin Street – Turano-Morris Salon – Preliminary Plan Review (8 Franklin Street | Assessor’s Plat 77, Lot 403) Review, discussion, and possible action and/or continuation to a future meeting by the Planning Board on request for Preliminary Plan Approval of a hair salon.

 

Ms. Letendre described the application request for the Board. Tony Nenna, principal and engineer of On-Site Engineering, was present on behalf of the application. There was some discussion of the site plan, including landscaping.

Mr. Montesano made a motion to approve with conditions Planning Case 2020-DPR-04: 8 Franklin Street – Turano-Morris Salon and read into the record a draft motion from the Planning Board marked as Exhibit 1. Mr. Constantine seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

4.      2020-DPR-05: Ground Solar Installation – Preliminary Plan Review (47 Quarry Road | Assessor’s Map 55, Lot 3) Review, discussion, and possible action and/or continuation to a future meeting by the Planning Board on request for Preliminary Plan Approval of a ground-mounted solar installation.

 

Ms. Letendre explained that the applicant was returning to the Board for Preliminary Plan approval and it was given approval at the Zoning Board. There is a description in application that better describes the area of site development, she said. She said the natural vegetation used as a buffer is seen to be sufficient. She said there was some discussion last time on clearing of the area and the Zoning Board also discussed it. She reviewed that the project has 7.5 acres of land, grading is required and an Aquifer Protection Permit was issued. A letter from an abutting neighbor in support of the project was entered into the record as Applicant’s Exhibit 1.

Mr. Montesano asked Atty. Nardone to explain the numbers of how much land will be disturbed. Sergio Cherenzia, professional engineer and principle of Cherenzia & Associates, LTD, was present to address the question. He said the total property is 35 acres, the upland area including the perimeter is 14.2 acres and the area being cleared includes the fenced area, 7.5 acres and access to it, about 0.4 acres, so they will clear just over 8 about acres. He said the client has since identified that within the fifty-foot buffer area there will not be any clearing at all. He said there has not been an environmental assessment of the upland area. Mr. Constantine said this project raises a concern related to the Solar Ordinance on clearing. There was discussion on talks with Westerly Land Trust (WLT.) Atty. Nardone said discussions with WLT are ongoing. Mr. Hall asked how many acres remain forested and untouched. Mr. Cherenzia said it is in the narrative in the table. Mr. Montesano said it appears that 22.5 percent of the area is impacted.

Principle of S.M. Trombino Properties, LLC, the property owner, was present at the meeting. Mr. Trombino said they met with neighboring landowners and are interested in a conservation easement. Two maps of the area were distributed to the Board and marked as Applicant’s Exhibit 2 and Applicant’s Exhibit 3.

Mr. Hall said this property ties in with 11 or 12 other properties to form a large area of green space. Ms. Letendre said it is about 1,200 acres in total. She asked if it would help the Board to know the condition of the area proposed to be cleared. She said there are two people in the room familiar with the site that can at least anecdotally describe what’s there. There was further discussion on the state of the land and area proposed to be cleared. There was no public comment.

Mr. Constantine made a motion to approve with conditions the Planning Case 2020-DPR-05: Ground Solar Installation – Preliminary Plan Review (47 Quarry Road | Assessor’s Map 55, Lot 3) and read into the record details from the prepared draft motion marked as Board’s Exhibit 1. Mr. Hopkins seconded the motion. During discussion on the motion the requirement for the decommission bond was changed to coincide with the issuance of the building permit and final plan was allowed to be administrative. Mr. Montesano asked that a condition be added that the applicant have completed agreements with the WLT that allows for the land to be in perpetual easement with respect to conservation. Mr. Constantine amended his motion to include all conditions and changes discussed. Mr. Hopkins seconded the amended motion. The motion CARRIED by unanimous vote with no abstentions.

 

G. ADMINISTRATIVE OFFICER’S REPORT

1.      Administrative Actions - Report on the following administrative decisions, extensions and/or other actions of the Administrative Officer taken from June 16, 2020 to August 18, 2020:

· Approval of a Land Disturbance Permit – 47 Wagner Road | AP 135, Lot 35

· Approval of an Administrative Subdivision – Plimpton Road Compound | AP 179, Lot 99

 

Ms. Letendre referenced the listed items on the agenda. 

 

H. CONFIRMATION OF QUORUM FOR NEXT REGULAR MEETING

1.      September 15, 2020 Regular Meeting - Members of the Planning Board are asked to notify the Administrative Officer if they will not be present at the next regular meeting.

 

It was discussed that Mr. Constantine was reappointed to the Planning Board by Town Council for another five years. There was discussion on remaining vacancies and applications pending.

 

I. ADJOURNMENT

Mr. Montesano made a motion to adjourn the meeting at 9:25 p.m. Mr. Lawlor seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

Respectfully submitted,

 

Stephanie J. LaSota

Minute Taker

 

Approved by vote of the Board on September 15, 2020