Planning Board – Meeting Minutes
Tuesday, February 18, 2020 - 7:00 p.m.

 

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

 

A.    CALL TO ORDER

 

Mr. Hall called the meeting to order at 7:00 p.m..

 

B.     ROLL CALL AND REVIEW OF STAFF ATTENDANCE

 

Members present:     Chair James A. Hall, IV, Secretary Christopher Lawlor, Alternate Secretary Justin M. Hopkins, Member Jason A. Parker and Auxiliary Member Joseph M. Montesano

 

Members absent:       Vice Chair Richard W. Constantine  and Member Dylan Kosten

 

Staff present:             Assistant Solicitor for Planning & Zoning Atty. Scott Levesque, Town Planner Nancy Letendre, and Minute Taker Stephanie J. LaSota

 

C.    APPROVAL AND REVISION OF MINUTES

 

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

 

2. January 21, 2020 Regular Meeting - Mr. Hopkins made a motion to approve as submitted the January 21, 2020 regular meeting minutes. Mr. Parker 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 - on the order in which items will be heard or known continuances.

Mr. Hall asked to move the Ritacco application to the first item under new business. Mr. Hopkins made a motion to move application 2020-DPR-02 Ritacco-Mixed Use 25 Railroad Avenue (Assessor’s Plat 56, Lot 53) to the first item under new business. Mr. Lawlor seconded the motion. The motion CARRIED by unanimous vote with no abstentions.   

Atty. Levesque said the applicant for the Manfredi Subdivision case requested a continuance. Mr. Montesano made a motion to continue Planning Case 2019-MNS-02: Manfredi Subdivision (9 Sweet Corn Lane | Assessor’s Map 82, Lot 21) to the April 21, 2020 meeting. Mr. Hopkins seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

E.     OLD BUSINESS

1. 2019-MNS-02: Manfredi Subdivision (9 Sweet Corn Lane | Assessor’s Map 82, Lot 21) Review, discussion and possible action on a request to continue to the meeting of April 21, 2020 by the Planning Board on the Preliminary Plan of a Subdivision creating a rear lot for a single-family residence.

This item was continued. See Changes to Agenda.

F.     NEW BUSINESS

 

1. 2020-DPR-02 Ritacco-Mixed Use 25 Railroad Avenue (Assessor’s Plat 56, Lot 53) Review, discussion and possible action and/or continuation to a future meeting by the Planning Board on a request to combine Master and Preliminary Plan review of a Development Plan for a mixed-use building.

           

            Attorney William Nardone was present on behalf of the applicant and asked for the Planning Board to combine the Master and Preliminary Plans. Mr. Parker asked if a plan was submitted and Ms. Letendre said yes. Atty. Nardone said a full application packet was submitted. Ms. Letendre said she did not include it in the packet for the Board as the application was on the agenda for a motion to combine and a continuance. She said the application was simple and there was nothing in there that would prejudice the Board or be an issue for them. Atty. Nardone agreed it is a simple application. There was verbal confirmation that the Ritacco application would be on the March 17 Planning Board agenda.  

            Mr. Lawlor made a motion to authorize the combination of the Master and Preliminary Plan review for Planning Case 2020-DPR-02 Ritacco. Mr. Parker seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

2. 2020-DPR-01: 170 Post Road Solar Installation 170 Post Road (Assessor’s Map 111, Lot 61C) Review, discussion and possible action and/or continuation to a future meeting by the Planning Board on a Master Plan of a Development Plan Review proposing a ground mounted solar installation in place of a nonconforming gravel extraction in a residential zone.

 

            Attorney Steven Surdut was present on behalf of the applicant, the Thomas L. Beattie Living Trust. He explained they would also be seeking a positive recommendation from the Planning Board to the Zoning Board for a Special Use Permit. He said the Solar Ordinance has several requirements and approximately eight of them relate to things that they believe have been addressed by Planning staff in the report and the applicant plans sent to the Planning Department. He said most requirements have to do with buffering. He said the project will not negatively impact the community and it may be a positive addition. He said they would minimize clearing and have 50-foot vegetative buffers around most of the site. He said in the few areas where there is not a buffer, they intend to plant trees so as not to impact the neighbors. Atty. Surdut said most of the array will be in an area where there was a gravel extraction or a "hole.” He said this was a property intended to be used for a solar array and is a passive noncompliant use. Atty. Surdut said the applicant has no objection to the Town’s Engineering Department reviewing the stormwater treatment plans before their submittal to the Department of Environmental Management (DEM.)

Atty. Levesque swore in Anthony Nenna, Project Engineer of On-Site Engineering, Inc., for public testimony. There was some discussion on northeast area buffers to be used as well as north and west area elevation and buffering and what vegetation already exists. Mr. Parker asked if Mr. Nenna felt the proposed plantings would buffer the arrays sufficiently. Mr. Nenna said along with the existing natural vegetation it will provide enough. Mr. Nenna said the applicant will plan an informal meeting with abutters prior to the Preliminary Plan review at the Planning Board.

There was discussion about drainage for the sunken area where the solar array would be located. Mr. Lawlor also suggested the applicant may want to supplement the White Pine plantings or use a different tree as that species loses its lower branches as they grow taller and mature. Atty. Surdut also confirmed with Mr. Lawlor that a financial guarantee for the decommissioning and clearance of the solar arrays is written into the plan. In response to Mr. Hall’s interest in if the abutters have reviewed the vegetation plans, Atty. Surdut asserted that Mr. Beattie and the beneficiaries of the trust have operated on the site for a long time and want to do right by the neighbors. There was some further discussion on the location of the transformer and that the project had to adhere to the Town’s Noise Ordinance. Atty. Surdut said the applicant can provide information at the Preliminary Plan phase to show the location and sound production.

            Mr. Parker asked staff if the application requires a waiver or Variance from Section 260-87.8, regarding a buffer, reading into the record from that part of the Ordinance. He said he doesn't see the buffer requirements in the plan and doesn't see a written request about it. Atty. Levesque said the Board could approve something different or the applicant could ask for relief from this requirement, but the application must go to the Zoning Board for a Special Use Permit anyway.

Mr. Montesano recommended doing some sections showing elevation changes from the backyards of  the neighbors to the north end of the property. He said to include any vegetative heights to consider. Atty. Surdut said they will follow through on that for the Preliminary Plan phase. During discussion about lighting, Atty. Surdut said small amount of motion-activated safety lighting be detailed on the Preliminary Plan. Atty. Surdut also addressed concerns from Mr. Lawlor about poles, saying they will work with the abutting neighbor to ensure it does not impact the topography of the area.

            There was some discussion on the draft advisory motion from Planning staff and if the Planning Board should make a finding that the proposed use is less intense than its existing use. Ms. Letendre said a Special Use Permit from the Zoning Board would make it a permitted use. Atty. Levesque said a Solar Ordinance preference is to convert existing gravel areas like this for solar use, so you remove something that is of odious use.

            Ms. Letendre confirmed for the applicant that there is a  condition of approval that there will be no access to Old Post Road from the site during the construction phase for the duration of its use.

            Mr. Lawlor made a motion that the Westerly Planning Board hereby grants Master Plan approval with conditions for Application “2020-DPR-01, 170 Post Road (Ground Solar Installation) (Assessor’s Map 111, Lot 61-C), in accordance with the application and supporting materials including Plan set titled “Proposed Solar Array, 170 Post road, Westerly, RI; A.P. 111, Lot 61C”, Sheets 1 through 5 dated 12-10-2019 and the Findings of Fact. Mr. Montesano seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

Mr. Lawlor made a motion that the Westerly Planning Board render 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, in so far as the solar array will replace a nonconforming gravel operation in a residential area and have less impact. With the conclusion of State permitting and further consideration and discussion of storm water management, soil erosion and sediment control, buffers and other environmental factors, the Planning Board will be prepared to entertain preliminary plan approval. The relief requested is also consistent with the Comprehensive Plan as it seeks to promote land reuse, the elimination of a nonconforming use and promotes renewable energy. Mr. Montesano seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

There was some further discussion on the use of the land in the application. Ms. Letendre said she should have the written recommendation of the Zoning Official in the case file and if it is incorrect, he will let them know.

 

3. 2019-MJLD-02: Cimini & Associates Addition 46 Airport Road (Assessor’s Map 108, Lot 16) Review, discussion and possible action and/or continuation to a future meeting by the Planning Board, including receipt of input from the public during a Public Hearing, on the Preliminary Plan of a Major Land Development proposing an addition to an existing building in the Westerly Airport Industrial Park.

 

            Atty. Steven Surdut was present on behalf of the business and gave a brief review of the purposes of the application. He said they are looking to employ twenty to thirty new full-time employees in clean, high-level manufacturing in the field of precious metals. He asked that the Preliminary and Final Plans be combined. He reported that they already received Federal Aviation Administration (FAA) approval and a recommendation from Rhode Island Airport Corporation (RIAC.) Atty. Surdut said there was some restriction to the design because of insurance regulations with the type of business it is. John Patrick Walsh, architect, was present on behalf of the application along with Paul Biscuit, engineer with Loureiro Engineering Associates, and both professionals were sworn in for public testimony by Atty. Levesque. There was some discussion on the parking layout of the plan. Atty. Surdut said the applicant applied and was approved for a Wetlands and RIPDES (Rhode Island Pollutant Discharge Elimination System) Permit and it does not change the conditions of the site, however it may improve them as there is more rain control. He said no additional fencing will be proposed.

Mr. Hopkins made a motion that the Town of Westerly Planning Board approves the Preliminary Plan Application “2019-MJLD-02 (46 Airport Road), AP 108, Lot 16, in accordance with the application and supporting materials including; Plan set titled “Site Plan/ New Building Addition” prepared by Loureiro Engineering Associates, Inc. and dated December 41 2018/ last revised March 26, 2019 (Sheets 1 through 7) and approval is based on the following conclusions and conditions in satisfaction of Westerly Code §A261-14 as read into the record. Mr. Lawlor seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

4. 2020-MNS-02: Osborn Estate Subdivision (51 Verdi Road | Assessor’s Map 135, Lot 81) Review, discussion and possible action and/or continuation to a future meeting by the Planning Board on the Preliminary Plan of a Minor Subdivision proposing the creation of one (1) additional developable lot. No street creation is proposed.

 

            Present on behalf of the application was Attorney Michelle Buck, administrator of Mr. Osborn's estate, and Anthony Nenna, Project Engineer of On-Site Engineering, Inc., as well as Jason Osborn, brother of the estate holder, who sat in the audience. Ms. Letendre said the application is a simple minor subdivision creating one lot for building purposes and they already received a recommendation for an address of 60 Wagner Road. She said all the information has been made available by the applicant and Mr. Nenna and she has no concerns at this time.

            Mr. Parker made a motion that the Westerly Planning Board approve Planning Case 2020-MNS-02: Osborn Estate Subdivision. Mr. Montesano seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

6. Comprehensive Community Plan: 2020-2040 – Goals, Policies & Actions the Planning Board will review, discuss and may act on and/or continue the discussion of the revised Goals, Policies and Action Items.

 

            The Planning Board took a recess from 7:43 p.m. to 7:52 p.m. Ms. Letendre explained that the Comprehensive Plan was intended to be released on Monday, February 24. She said the Planning Department received unofficial comments from Statewide Planning and they suggested a different set of tables for the Implementation Plan section that repeats what is in the Goals, Policies, and Action section. Statewide Planning suggested the two areas tables could be combined, she said. Atty. Levesque advised that if the State suggests something then the Planning Board should seriously consider it since they give final approval. She said the State also suggested that in the Economic Development section there were repetitive areas that could be combined and made more user friendly. There was a consensus of the Board to take the suggestions of the State to combine tables and other areas as noted.

Ms. Letendre shared that the public comment period for the plan officially closed on Friday and they received numerous comments from various stakeholders and Town Boards. She said some were incorporated and others were responded to. There was discussion on how some of the comments that were incorporated into the plan. There was further discussion of input from the Economic Development Commission (EDC) as it relates to the Westerly Airport. This led to a conversation on language use and creating more specific action items. Ms. Letendre also shared examples of action items from the Natural Resources section of the plan. There was discussion on how specific to get with certain action items. Mr. Parker suggested saying "such as" to add specificity to actions but leave it open ended. Atty. Levesque agreed if the Board could include "such as" or "including" they are better off doing that. Mr. Hall said time is limited now and they must decide to satisfy State requirements and include some specifics while leaving room to grow as (the Comprehensive Plan) is an evolving document. Atty. Levesque said he's most concerned about including specifics in the Housing section on low and moderate income (LMI) housing. Ms. Letendre said she expects the entire amended document to be available to the Board this week and it will be published on February 24. She said the housing strategies, a list of responsible parties, and the plan’s maps will be worked on separately and introduced during the Planning Board public hearing. There was further discussion on the timeline of the Comprehensive Plan and its edits. Ms. Letendre said there is still opportunity to make changes during the public hearings.

 

5. Comprehensive Community Plan: 2020-2040 – Form-based code The Planning Board will review, discuss and may act on and/or continue the discussion of form-based code as a policy consideration.

 

            Principal Planner Benjamin Delaney was present to discuss the Tuesday, February 25 business community briefing to discuss the Town's preliminary thoughts on form-based code and modernizing the regulatory department, primarily the Zoning Ordinance and regulations. He cited a memo titled “Modern Conceptual Code Amendments,” which reviews why the regulatory climate should be updated. Ms. Letendre said the document is a section to include in the Comprehensive Plan and it is essential the information be shared in greater detail Tuesday. Mr. Lawlor and Mr. Hall confirmed they would attend the meeting Tuesday. Mr. Delaney said Mr. Constantine confirmed his attendance via email.

 

7. Comprehensive Community Plan: 2020-2040 – Future Land Use Map The Planning Board will review, discuss and may act on and/or continue the discussion of revisions to the Future Land Use Map (FLUM.)

          There was discussion on how FLUM can show land uses for agriculture, recreation, and conserved open space. Ms. Letendre said in their most recent interaction with Westerly Land Trust they landed on a final solution. Mr. Delaney read into the record from a memo titled "FLUM changes between official draft and advisory draft.” He said the resolution was to create two new land uses; recreation and agriculture. They also took the suggestion to rename open space as conserved lands and include a table in the open space map that shows land use. Mr. Hall asked why the need to have conserved lands that fall under recreation and agriculture. Mr. Delaney explained that there is a good deal of overlap with any FLUM and they are trying to focus on the agriculture and recreation as identified primary uses rather than serving as accessory to a primary need like conservation. Mr. Delaney said there were four areas on the FLUM marked residential that were inadvertently shown as open space in the past. Atty. Levesque said property owners don't have to be notified of FLUM changes as it is not an existing Zoning change. Ms. Letendre asked for the Planning Board’s opinion on State comments suggesting placing the FLUMs within the appropriate sections of the plan. There was a consensus of the Board to leave them as they are. She said the State also suggested identifying Westerly Airport on all maps for readers so they could orient themselves well on the map. She said they also received comments to consider splitting cross-hatching map key features over two maps to avoid confusion. There was discussion that the public comment period has been fruitful. The Board discussed generating a table for FLUM data to compare 2010 to the current plan.

 

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 January 14, 2020 to February 11, 2020:

•      Approval of a Land Disturbance Permit for 71-73 Haversham Road (Assessor’s Map 134, Lots 8 and 9)

•      Approval of a Land Disturbance Permit for 60 Ocean View Highway (Assessor’s Map 174, Lot 18)

Ms. Letendre stated what was written in the administrative officer’s report and said the Board will hear about some administrative subdivision in the future.

 

H.    CONFIRMATION OF NEXT REGULAR MEETING DATE

 

1.      March 17, 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.

 

Mr. Hopkins said he will be absent on March 17.

 

I.       ADJOURNMENT

 

Mr. Hopkins made a motion to adjourn the meeting at 8:00 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 May 14, 2020