Planning Board – Meeting Minutes

Tuesday, December 15, 2020 - 6:00 p.m.

(Pursuant to Governor Gina M. Raimondo Executive Order 20-105, updated December 11, 2020, this meeting was held via Zoom as all public meetings shall be held virtually, and no members of the public body should be convening in person.)

Council Chambers, Westerly Town Hall

45 Broad Street, Westerly, RI 02891

 

 

 

A. CALL TO ORDER

Mr. Hall called the meeting to order at 6:00 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, Members Joseph M. Montesano and Andrew Delisio

 

Members absent:       None.

 

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

 

C. APPROVAL OF MINUTES

 

1. December 1, 2020 Special Meeting – Mr. Montesano made a motion to approve the December 1, 2020 Planning Board special meeting minutes as submitted. Mr. Constantine 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.

 

There were no changes to the agenda.

 

E. OLD BUSINESS

 

There was no old business to discuss.

 

F. NEW BUSINESS

 

1. 2020-MJLD-10: 67 Tom Harvey Centrica Solar Facility – Master Plan Review of Major Land Development (67 Tom Harvey Road | Assessor’s Plat 119, Lot 5A) Review, discussion, and possible action and/or continuation to a future meeting by the Planning Board on request for Master Plan Review of a ground-mounted solar installation.

 

Ms. Letendre reviewed that this is one of the first applications under the new Solar Ordinance that allows two principal uses on a property. She said it is an industrial site with an existing business in close proximity to the Westerly Airport.

Attorney William Nardone, with offices at 42 Granite Street, Westerly, described the location of the property and the application request. Colleen DeBenedetto, project land manager with Centrica Business Solutions, explained the proposal to the Board. She said there would be a limited amount of site work as it is already cleared and mowed periodically. Ms. Letendre displayed a graphic of the proposed site plan in the Zoom meeting. Ms. DeBenedetto said the plan is to enclose the site with a seven-foot-high chain link safety fence with an emergency access for the fire department. Sergio Cherenzia, president and principal of Cherenzia & Associates, LTD., 99 Mechanic Street, Pawcatuck, Connecticut, further described the location of the property and the plans for the project, which were prepared by his office. Atty. Nardone asked that the application be approved prior to obtaining State approvals, recognizing that they are a requirement prior to Final Plan approval.

Mr. Montesano clarified with Mr. Cherenzia the size of the land and the area of the proposed solar arrays. He asked for justification for the waiver request of an environmental assessment of the property as it is a recently changed requirement of the Solar Ordinance. Atty. Nardone said it would require an expert to share regarding the potential for wildlife in the area and his personal assessment was based on the fact that the land is already cleared and maintained. Mr. Cherenzia said a soil evaluator who is also a biologist did visit the site and in conversation he identified that it wasn’t a significant area for flora being that it is a cleared site, nor did he feel it was a significant habitat for certain animals. He also reminded the Board that the land is in an industrial park. Mr. Constantine agreed with Mr. Montesano that it would be helpful to have an environmental professional provide an opinion. He also requested an expert opinion on potential issues with solar panel glare for approaching airplanes in the runway zone. Ms. Letendre said they heard testimony in the past that the look of solar panels in terms of reflection does not interfere with airports because they are designed to absorb the light and not reflect it. She said from the sky, solar panels appear like bodies of water. She suggested the Planning Board make professional opinion requirements clear so the Zoning Board may require them for approval of a required Special Use Permit for the application. Mr. Lawlor said he noticed that the Zoning Board requires documentation from the Federal Aviation Administration (FAA) and suggested that an opinion from Rhode Island Airport Corporation (RIAC) on any possible effect of the solar panels on the Westerly Airport be submitted with the application as a condition of approval for the Special Use Permit. Mr. Hopkins questioned Mr. Cherenzia about the conceptual area for stormwater retention. He responded that because they’re changing the surface of the ground to a totally grass meadow there is some mitigation they need to do, so that is the reason for the basins, which will likely be about the size in the plan and they will adjust the depth as needed. There was some further discussion on professional opinions for the application.

Mr. Montesano made a motion to approve with conditions the Master Plan application for 2020-MJLD-10: 67 Tom Harvey Centrica Solar Facility, and read into the record from the written legal motion in Board’s Exhibit 1 dated December 3, 2020 for the December 15, 2020 meeting, and included the commentary by Atty. Levesque that conditions of approval include that RIAC provide a letter validating the location of the solar panel array, a wildlife professional provide an environmental assessment of the area, and comments from Ms. Letendre that the combination of Preliminary and Final Plan approval be removed as a condition as the applicant would like to submit only a Preliminary Application without final Department of Environmental Management (DEM) Rhode Island Pollutant Discharge Elimination System (RIPDES) approval. Mr. Hopkins seconded the motion. The motion CARRIED by unanimous vote with no abstentions. Ms. Letendre updated Board’s Exhibit 1 to include all the details and requirements of the legal motion as stated at the meeting.

Mr. Montesano made a motion to render a favorable recommendation to the Zoning Board on the merits of the application and read into the record from the written motion detailed in Board’s Exhibit 1 dated December 3, 2020 for the December 15, 2020 meeting. Mr. Hopkins seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

Mr. Constantine made a motion to open the meeting for public comment at 6:54 p.m. Mr. Montesano seconded the motion. The motion CARRIED by unanimous vote with no abstentions. Hearing no public comments, Mr. Montesano made a motion to close the meeting for public comment. Mr. Constantine seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

2. 2019-DPR-10: McQuade’s Marketplace Parking – Final Plan Review of Development Plan (117 Main Street | Assessor’s Plat 66, Lot 19) Review, discussion, and possible action and/or continuation to a future meeting by the Planning Board on request for Final Plan Review of an employee parking lot.

 

Ms. Letendre explained there was a change in the circulation plan for the property and in particular, the engineer has submitted for a Coastal Resource Management Council (CRMC) stormwater approval of the revised plan and as of the advertising date that was not yet available. She briefly described the revisions the plan; the raising of parking landscape beds, some conditions of Master and Preliminary Plan approval for obtaining access from the lot just south of the subject parcel, and a reduction of spaces from 21 to 17. She said there is a relocation of another easement on the property for the benefit of a neighbor at 115 Main Street, as well as the modification to a wall in the rear of the property. She requested the Planning Board review the Final Plan and make a formal decision based on the information in the packet. She said she would like staff comments to be labeled Board’s Exhibit 1for the purpose of making a motion. Ms. Letendre said additional conditions of approval were added to Exhibit 1 based on recent information.

Mark Morse, representing Riverside Housing, an abutting land owner, said he would like to be heard at some point regarding the plan.

Attorney Matthew Lewiss, with offices at 79 Franklin Street, Westerly was present on behalf of the application and asked Sergio Cherenzia, president and principal of Cherenzia & Associates, LTD., 99 Mechanic Street, Pawcatuck, Connecticut, to proceed with the presentation. Mr. Cherenzia said the landscape architect Rebecca Nolan was also present. Mr. Cherenzia explained that many of the recent changes to the project are accommodations to the existing abutting property owners. Atty. Lewiss said they are trying to be good neighbors and if given approval can get the easement written and recorded. Mr. Cherenzia said all McQuade’s employees will enter and exit the parking lot only from Main Street requiring the addition of a new curb cut. There was discussion on the size of the lot and spaces in relation to the potential size of cars using the lot. Atty. Lewiss noted the importance of it being a private employee parking lot and not a public lot. Mr. Montesano questioned Mr. Cherenzia regarding the lighting plan for the lot. He suggested a condition of approval be to require 3,000k warm light bulbs versus 4,000k cool light bulbs in the plans.

The Board had further discussion with Mr. Cherenzia regarding the safety of lot in relation to traffic on Main Street. Atty. Levesque noted that any future owner of the lot would face additional review processes with a sale.

Mr. Morse requested clarification on how the lot will be accessed and regarding the use of the right of way to the south of the property. He specifically asked if the easement for 115 Main Street will be redirected easterly so that it, too will be required to access Main Street through this parking lot. Atty. Lewiss said he hasn’t examined the title to 115 Main Street, but his understanding is they do not have access to the southerly right of way. Atty. Levesque reminded the Board that said that 115 Main Street is not an applicant and his access is not before this Board for consideration. Mr. Morse said he is satisfied with the feedback from the applicant.

Ms. Nolan provided further details on the landscaping changes made to the plan.

Mr. Constantine made a motion to approve with conditions the Final Plan for 2019-DPR-10: McQuade’s Marketplace Parking and read into the record from Planning Board Exhibit 1, including conditions of approval that the applicant use 3,000k warm light bulbs in the lighting plan, as well as provide proof in the plan submission that there will be no light spill to the south, and that there will be no access to the lot through the easement or right of way to the south of the property. Mr. Montesano seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

3. 2020-MJS-01: 60 Ledward Avenue – Pre-Application Review of Major Subdivision (60 Ledward Avenue | Assessor’s Plat 68, Lot 74) Review, discussion, and possible continuation to a future meeting by the Planning Board on request for Pre-Application Review of an 11-lot residential subdivision.

 

Ms. Letendre reviewed that there is no formal decision required tonight but that the application will request waivers as part of Master Plan approval when it appears before the Board for a vote. She described the project proposal to the Board.

Attorney William Nardone, with offices at 42 Granite Street, Westerly was present on behalf of the application and described the 11.4-acre property and the preapplication for an 11-lot conventional subdivision. He said it was previously proposed as a multi-family development. He said 5.9 acres are proposed for conservation use and the applicant is pursuing that with the local land trust.

Molly Titus, of DiPrete Engineering, described the proposal to the Board; 9 lots on Gardner Street with public sewer and water access, a single lot on Joshua Street with public sewer and water access, and a single lot on Ledward Avenue with public water but an onsite wastewater treatment system. She said the amount of impervious surface is a quarter less than previously requested. They are requesting a 250-foot roadway extension. Mr. Delisio asked why the proposed properties are right against the existing properties and he is curious why there cannot be open space next to the existing properties. There was discussion that it is technically unbuildable land due to the location of wetlands.

There was discussion about possibly eliminating a cul de sac to create a through street. Ms. Letendre said road plans would need to be discussed with the Department of Public Works (DPW) and Engineering. Ms. Titus said the proposed extension into the area will be private and it doesn’t meet subdivision standards for a public roadway. Ms. Letendre emphasized that the way it is designed it wouldn’t meet public setback requirements. Ms. Titus shared that for lot 9 there are 10-foot side yard setbacks. Mr. Lawlor asked about the stability of the land as it was a former quarry area. Ms. Titus said extensive soil testing was completed and there was no issue and no blasting is anticipated. She also shared that the unbuildable areas on the lots take into account the wetland buffers. There was further discussion on the utilization of space on the property and how the plans could be changed.

Schane Tallardy, of 7 Joshua Street, said he was representing his family and other nearby neighbors. He shared that he submitted opposition to the first major land development plan, which has been rescinded, but he and others still have concerns, specifically with the proposed lot on Joshua Street. He said their intent is to review the Master Plan application and present their concerns to the Town at that time. Ms. Letendre noted that there is 40 feet of frontage at the proposed Joshua Street lot, which will require a Variance from the Zoning Board. She said staff has difficulty envisioning a lot at end of Joshua Street, as it is a dead end, snow is pushed in that direction, there is a large drop off in that area, and little buildable area as there is a wetland buffer. She said staff would recommend that specific lot as designed not be approved. Mr. Tallardy commented about existing ledge on the property and that he imagines blasting may be a requirement for the project and the proposed change in grade will be an issue. He suggested the Joshua Street lot could be an area for possible access to the reserved conservation land and add a couple parking spaces, but adding a home there is not a good option.

There was no further discussion on the pre-application.

 

4. 2020-MJLD-08: Avondale Heights – Pre-Application Review of Major Land Development (165 East Avenue | Assessor’s Plat 107, Lot 57) Review, discussion, and possible continuation to a future meeting by the Planning Board on request for Pre-Application Review of a 26-unit condominium development.

 

Ms. Letendre explained the pre-application proposal that will need specific Zoning requirements, including a Special Use Permit.

Attorney William Nardone, with offices at 42 Granite Street, Westerly, was present on behalf of the application and explained the property and Zone. He said they are proposing 26 duplex style units. Ms. Letendre noted a revision to staff comments; in the yield plan it says there are 21 units and the low and moderate income (LMI) housing requirement based off of 21 units is 4, but she listed it as 6, however, the applicant is requesting an additional unit, totaling 26 units. Atty. Nardone said the property would have access and egress on East Avenue rather than remaining on one entrance currently used. He said there are two curb cuts existing on site.

Molly Titus, of DiPrete Engineering, reviewed the proposal for the Board. Said there would be two-bedroom units served by public water and sewer and no sidewalks are proposed. Ms. Titus said a 30-food no cut buffer would be maintained to protect existing vegetation, as well as a historic stone wall and an existing curb cut in the wall. She said soil research and test pits have been dug and they will try to infiltrate water as it comes down the site, preventing a large basin in bottom corner.

Atty. Nardone stated the project is in the same Zoning district, HGR 15, as the neighboring Captain’s Watch development. There was discussion of the timeline and phasing of the project.

Developer Doug DeSimone commented on the plan and the discussion he had with staff regarding the proposal. He said the Rhode Island Condominium Act requires projects to be completed within 7 years. He said he believes the market will be good and sales will be brisk.  He stated that the path to ultimate approval should be short as there are no wetlands on the property and no CRMC requirements. He said they will need a DEM RIPDES permit approval, State permits for curb cuts, and the necessary municipal permits. There was some discussion on the details of the proposed project.

 

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 November 17, 2020 to December 15, 2020:

 

·         Approval of Final Minor Subdivision – Ritacco Minor Subdivision, Ashaway Road | AP 38, Lots 31 & 32

·         Approval of Administrative Subdivision – 60 & 67 Tower Street | AP 58, Lots 1 & 2

·         Approval of Administrative Subdivision – Shelter Harbor Golf Club, 1 Golf Club Lane | AP 114, Lot 30 & AP 115 Lot 2

 

Ms. Letendre said staff has reviewed many administrative subdivision requests recently and there will be more on the next agenda. She reviewed the listed items on the report.

There was some discussion that at last week’s Town Council meeting the Comprehensive Plan was ordered advertised for public hearing on January 4, 2021. She said Councilman Philip Overton voted against ordering it advertised and staff reached out to him. She added that Councilman Caswell Cooke abstained from voting on the entire plan because of the Golf Course Ordinance topic. Mr. Hall asked staff to let Councilman Overton know that the Planning Board is available for discussion or help with any specific questions on the plan.

 

H. CONFIRMATION OF QUORUM FOR NEXT MEETINGS

 

1. January 5, 2021 Special Meeting 6:00 p.m. via Zoom Members of the Planning Board are asked to notify the Administrative Officer if they will not be present at the next special meeting. The following topics are anticipated to be discussed:

 

•         Next Steps Toward State Approval of Comprehensive Plan

•         Comprehensive Plan Implementation

•         Future Land Use Amendments

 

Ms. Letendre reviewed that staff would like to begin working with the Planning Board on topics associated with the Comprehensive Plan and will create a PowerPoint presentation on the next steps.

 

2. January 19, 2021 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. The following topics may be discussed:

 

•         Harbor Freight Pre-Application (former Benny’s site – MJLD)

 

Ms. Letendre said no Harbor Freight pre-application has been submitted yet. She said other possible agenda items are the Comprehensive Plan action items and the Aquifer Overlay District Ordinance.

Mr. Hopkins asked if he could start the Planning Board meeting, leave for a professional obligation and later rejoin the meeting. Atty. Levesque said that is permittable as long as a Board member does not vote on an application that they were not present for the entirety of.

 

 

 

I. ADJOURNMENT

Mr. Lawlor made a motion to adjourn the meeting at 8:42 p.m. Mr. Constantine 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 TBA