Click 
to view the entire meeting or click any video icon below to jump to that section of the meeting.
Planning Board – Meeting Minutes
Tuesday, July 21, 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 6:00 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 Dylan Kosten, and 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. June 16, 2020 Regular Meeting – Mr. Montesano asked that the reference to “3,000-volt and 4,000- volt bulbs” on page three be corrected to “3,000K AND 4,000K.” Mr. Hopkins made a motion to approve the June 16, 2020 minutes as amended. Mr. Montesano seconded the motion. The motion CARRIED. Mr. Hall abstained from voting as he was absent from the June 16, 2020 meeting.
2. June 23, 2020 Special Meeting – Mr. Montesano made a motion to approve the June 23, 2020 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.
E. OLD BUSINESS
1. Comprehensive Community Plan: 2020-2040 - Continuation of a Public Hearing to review and discuss the final changes to the 2020-2040 Comprehensive Plan for the Town of Westerly. The Planning Board will conclude the public hearing and provide a recommendation on the form and content of the Comprehensive Plan to the Town Council for adoption.
There was discussion that the Comprehensive Plan business should be addressed at the end of the meeting. Ms. Letendre asked Mr. Tate to see if any member of the public wanted to speak about it so they are aware of the change. There was no public comment.
Mr. Montesano made a motion to move item E1: Comprehensive Community Plan: 2020-2040 to the end of the agenda. Mr. Constantine seconded the motion. The motion CARRIED by unanimous vote with no abstentions.
F. NEW BUSINESS
Review, discussion, and possible action and/or continuation to a future meeting by the Planning Board on request for combined Master and Preliminary Development Plan Review.
Ms. Letendre explained the application request for the Board. Attorney Christine Dieter, of Hinckley Allen, Providence RI was representing Narragansett Electric Company doing business as National Grid. Atty. Dieter said there were also representatives present from National Grid and GZA GeoEnvironmental, Inc. Atty. Dieter said there will be an opportunity in August to provide a detailed overview of proposal. She said the plan is to lease the property as a parking lot to a third party. She said they already obtained some State certifications for the project needed for the Preliminary Plan review.
Mr. Hopkins made a motion that the Westerly Planning Board authorize the combined Master and Preliminary Plan review for Planning Case No. 2020-DPR-08: 14 & 18 Canal Street Environmental Remedy (Plat 56, Lots 26 & 27. Mr. Montesano seconded the motion. Mr. Hall recused himself as he owns a neighboring property. The motion CARRIED by unanimous vote.
The Board confirmed a quorum for the August 18 meeting for the returning application.
Review, discussion, and possible action and/or continuation to a future meeting by the Planning Board on request for combined Master and Preliminary Development Plan Review.
Ms. Letendre described the property and the intent of the project. She said it should be noted that there seems to be a significant amount of alteration to the existing topography of the site. She described the proposed conditions, which would significantly alter the drainage pattern. Ms. Letendre said Principal Planner Alyse Oziolor is present to provide information and has also reviewed the site. She said they would not recommend combining the Master and Preliminary Plans without evidence of how the work will affect the wetlands on site.
David Held, Professional Engineer and Land Surveyor with Provost & Rovero, Inc., was present on behalf of the application, as well as Madeline Smith, corporate counsel for Rawson Materials. Mr. Held said the company has engaged Rhode Island Department of Environmental Management (RIDEM) for their input as well as a wetlands specialist and he anticipates reports before the August Planning Board meeting. He said the final reuse of the property is up to the owner of the property.
There was some discussion of the conditions of approval. Mr. Hopkins commented on the phasing plans as part of the package and said he is interested in seeing a site utilization plan in August. He said being able to understand how the site will be used during operations and how to protect the public from the site is important. Ms. Letendre said she would like to see a plan that indicates what the remediation of the site will look like and what the timing of that will be. Mr. Held said much of that detail is provided in the notes of the plans. Ms. Letendre said a visual representation of what that will look like is also needed for the Town’s records. Mr. Hall asked if the neighbors have been consulted regarding any deforestation and said he would like to see some of the existing forest be incorporated into screening so as not to disturb neighbors.
There was discussion on the requests made to the applicant and if there was enough time for them to gather all the necessary documents for August.
Mr. Montesano made a motion to move the 2020-DPR-09: Rawson Materials – Chapman Property Excavation application to the August 18, 2020 meeting. Mr. Lawlor seconded the motion.
In discussion, Ms. Letendre clarified the applicant will move forward to the August meeting and proceed as a Master Plan submission or provide the information necessary for a complete Master-Preliminary Review. The motion CARRIED by unanimous vote with no abstentions.
Review, discussion, and possible action and/or continuation to a future meeting by the Planning Board on request for Low-Moderate Income Housing Pre-Application Review
Ms. Letendre introduced the St. Pius Redevelopment application and said the Planning Board is asked to provide the applicant with direction. She said the current plan is supported by the Department of Development Services (DDS) as it supports several Comprehensive Plan goals, such as infill development. She said the proposal is to renovate an existing school building and construct an additional building for housing. Ms. Letendre said there is potential for a 25 percent increase for low and moderate income (LMI) housing by 42 units, with 11 being deed restricted.
Attorney Thomas Ligouri was present on behalf of application. Atty. Ligouri thanked DDS staff for their guidance on the project. He said until last June the property was used for Pre-K through eighth grade school and used by other entities for classes and training. He described the layout and size of the school building and the renovation plan. He said the project is in keeping with the characteristic of the neighborhood as across School Street is Windsor Condominiums.
There was further discussion on accessible units and floor plans, as well as the distance between buildings. Atty. Ligouri commented on the market and current opportunities for low interest rates. He said he is unsure if the units will be for rental or purchase. There was discussion on the residential density of the units and the percentage of LMI units. Board members expressed concern about the proposed layout of the new building in relation to the existing building and School Street. Mr. Constantine said the new building looks tall in relation to neighboring buildings. He said the Architectural Review Board (ARB) may be able to suggest some changes. Mr. Lawlor said his feeling is that the new three-story structure will overwhelm the property and he’s not sure it fits into that neighborhood. Atty. Ligouri said the purpose of a planned single-family property on the corner of Elm and School Streets would add a large house consistent with the streetscape. Ms. Letendre said they had discussed the Elm Street single-family construction and the applicant sees it as a chance to sell a piece of the property separately from the larger development. Mr. Kosten echoed Mr. Montesano’s comments on the applicant seeking ways to save money in order to create more LMI apartments and also pull the building farther from School Street. Mr. Hall congratulated St. Pius Church on its decision to supplement the lot with another building. He commented that there is beauty on School Street, as well, and the design proposed should do more to enhance the character of the area.
Ms. Letendre said the applicant is asking for the Board’s endorsement of the concept, in particular the 25 percent LMI housing and type of conceptual site work being proposed. Atty. Levesque said that is not by motion, but by a poll of the Board to get opinions. Mr. Constantine said he was in favor of trying to build new housing along the lines of the proposal but he is concerned that it is not in character with the rest of the street. Mr. Lawlor agreed with Mr. Constantine. Mr. Kosten said he is in favor of the project and increased density is a good thing, but his concern is that the applicant should try to create more low-income housing. He said he is also concerned with a three-story building overwhelming the street. Atty. Ligouri interjected that there are many three-story homes on School Street. Mr. Hopkins said he is in favor of the site development and use of the site but wants to see a strategy for the new and existing buildings to better coexist. Mr. Montesano said the street line and new building would be in character with the area and he is in favor. Mr. Hall commended the applicants overall for the concept, but said his concern was in the building design and aesthetics.
Review, discussion, and possible action and/or continuation to a future meeting by the Planning Board on request for Master Development Plan Review.
Ms. Letendre introduced the project. She said an advisory opinion to the Zoning Board on a Special Use Permit was also needed. She said they need to consider and determine the boundary of the Aquifer Protection Overlay District. She said there’s a section of the Zoning Ordinance which allows the applicant to request a change in the boundary and it is their duty to provide support for that change. A 2020 draft of the Aquifer Protection Overlay District map was entered into the record as part of the applicant’s testimony. Ms. Letendre said the proposed project site will no longer be in the Aquifer Protection Overlay District after the proposed Zoning amendments are approved, according to the Zoning Official.
Attorney John Payne was present on behalf of the applicant. He described the project as storage units with solar paneling. The property’s current use is for automotive repair and car storage. Tony Nenna, Engineer with On-Site Engineering, was also present on behalf of the applicant and introduced Exhibits A through D to the Board. He proceeded to describe the proposed plans for the site. There was some discussion about lighting and site logistics.
Mr. Montesano made a motion that the Westerly Planning Board hereby approves, with conditions, Application ‘2020-DPR-10 – Master Plan – Ledward Avenue Storage Units (61 Ledward Avenue | Assessor’s Map 68, Lot 48),’ in accordance with the application and supporting materials, including Plans titled “Development Plan Review Master Plan Submission, Ledward Avenue Storage Units, 61 Ledward Avenue, Westerly, Rhode Island, Plat 68, Lot 48,” Sheets 1 – 4, prepared for Quarry Hill Properties, LLC, dated July 6, 2020, prepared by Onsite Engineering, Inc., including four findings of fact and three conditions. He asked that lighting and fencing show up in the revised plan. Mr. Constantine seconded the motion. The motion CARRIED by unanimous vote with no abstentions.
Mr. Montesano 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 request for modification of the APOD boundary is consistent with proposed revisions to the APOD map that are currently pending and relief has been granted by the Planning Board. With further consideration and discussion of building, signage, lighting, utility, and landscaping plans, storm water management and stormwater treatment, 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 the economic use of land without adversely affecting the environment and promotes redevelopment within the urban services boundary. Mr. Lawlor seconded the motion. The motion CARRIED by unanimous vote with no abstentions.
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 this is the first of three recommendations that are being requested by the Town Council for the potential sale of 12 Ledward Avenue, which was previously used by the Town of Westerly Water Division for a water tank which has since been demolished. She shared that the lot is slightly over 12,000 square feet with stone walls, has a small cluster of trees, and is vacant except for an electrical utility pole belonging to Narraganset Electric National Grid. She described the Zone and character of the neighborhood. There was discussion among the Board regarding the proposal of a public-private partnership of the property. Ms. Letendre showed a possible design proposal. In a poll of the Board, members discussed concerns with the property but showed overall support for the proposal for a public-private partnership of the property.
Mr. Constantine read into the record the draft motion as written in a July 8, 2020 Memorandum and Staff Recommendation and made a positive recommendation to the Town Council on the property at 12 Ledward Avenue. Mr. Hopkins seconded the motion. The motion CARRIED by unanimous vote with no abstentions.
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 described the location of the property. She gave a history of the property and the condition of purchase from Stonington that the land be used exclusively for water production purposes. Because the property cannot be used by the Water Department, it must be given back to Stonington, she said. A Memorandum and Staff Recommendation dated July 8, 2020 titled Request of Town Council for Review and Recommendation on the Sale of the Circus Lot (29 Noyes Avenue, Pawcatuck, Connecticut), Planning Case No. 2020-ATC-03 – 29 Noyes Avenue, Plat/Lot 1-3-1 was marked as Exhibit 1.
Mr. Hopkins read that the Westerly Planning Board has reviewed the ’Circus Lot’ (29 Noyes Avenue in Pawcatuck, Connecticut) and finds that the property has ceased to be useful as public property and it should revert back to the Town of Stonington at the $35,000 as required in the 1982 warranty deed. He cited all evidence as detailed in Exhibit 1. Mr. Montesano seconded the motion. The motion CARRIED by unanimous vote with no abstentions.
Document marked as exhibit 1. Hopkins made a motion Montesano seconded CARRIED
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 this was emailed out this afternoon to the Board and there was also some preliminary background information sent on July 14. She said she only recently received information regarding the property appraisal and needed time to internally review it. Ms. Letendre shared details of the appraisal and the cost of razing the building. They determined market value with comparable sales for other school buildings was close to $2 million. She said it is assumed free of environmental hazards but that is unknown at this time. Ms. Letendre said it is located in HGR6 Zoning and shared two situations which were appraised; 21 single-family house lots or a cul-de-sac scenario allowing for 29 lots. She said the house lots were appraised at $110,000 each. There was further discussion of the possibilities for the property.
Mr. Hall said he would like them to slow this process down and discuss more opportunities. Mr. Hopkins said he would like to see it discussed as an opportunity aligning with other elements of the Comprehensive Plan, not only for LMI housing.
Mr. Constantine made a motion to recommend letting the Planning Department take another look at the Tower Street property for possible mixed-use options including some or all of the existing building and to continue the matter the August Planning Board meeting for further discussion. Mr. Lawlor seconded the motion. In discussion, Mr. Hopkins reiterated that his concern is that in other properties that the Board has reviewed the property has ceased to be used for public purposes and this should be explored as a choice. The motion CARRIED by unanimous vote with no abstentions.
8. Comprehensive Community Plan: 2020-2040 - Continuation of a Public Hearing to review and discuss the final changes to the 2020-2040 Comprehensive Plan for the Town of Westerly. The Planning Board will conclude the public hearing and provide a recommendation on the form and content of the Comprehensive Plan to the Town Council for adoption.
There was no public comment on the Comprehensive Plan or any other agenda topic. Ms. Letendre reviewed the version of the plan being recommended to the Town Council for adoption. She said it and an updated series of maps are posted to the Town Web site. Ms. Letendre reviewed the changes and additions to the plan, including changes made due to State comments.
Mr. Montesano made a motion to close the public hearing at 9:18 p.m. Mr. Hopkins seconded the motion. The motion CARRIED by unanimous vote with no abstentions.
Mr. Montesano made a motion to recommend the Town Council replace in its entirety the Town of Westerly Comprehensive Plan dated 2009 and adopted February 8, 2010 with the Town of Westerly, Rhode Island Comprehensive Community Plan 2020-2040 dated July 20, 2020 in accordance with the procedures required for an amendment to the Town Code of Westerly, in particular Chapter 10 Comprehensive Plan. The 2020 Comprehensive Plan is available on the Town of Westerly’s Web Site and marked as Exhibit M with the attached mapped figures available on the Town’s Web Site and marked as Exhibit L. Mr. Kosten seconded the motion. In discussion, Ms. Letendre said the Board should also change the document as discussed during the meeting. Mr. Montesano made a motion to modify his motion to include all the changes to the Comprehensive Plan 2020-2040 as discussed at the July 21, 2020 Planning Board meeting. Mr. Constantine seconded the amended motion. The motion CARRIED by unanimous vote with no abstentions.
9. Discussion: Proposed Ordinance Regulating the Extractive Industry - Review, discussion, and/or continuation to a future meeting by the Planning Board on a letter from Mr. Clemence on crafting an ordinance regulating the extractive industry.
Atty. Levesque commented regarding Town regulation of various components related to the subject of extraction. He suggested that any further discussion about this subject be started at the Town Council level and that no Board action was required. There was no further discussion on this agenda item.
G. ADMINISTRATIVE OFFICER’S REPORT
1. Administrative Actions - Report on the administrative decisions, extensions and/or other actions of the Administrative Officer taken from June 10, 2020 to July 21, 2020 will be addressed at the regular meeting on August 18, 2020.
Ms. Letendre said a report will be given at the August meeting. There was discussion that the Zoning Amendments proposal would go to Town Council on August 3 for a work session and August 17 for a public hearing. She welcomed Planning Board attendance at the August 17 meeting.
H. CONFIRMATION OF QUORUM FOR NEXT REGULAR MEETING
1. August 18, 2020 Regular Meeting - Members of the Planning Board are asked to notify theAdministrative Officer if they will not be present at the next regular meeting.
In discussion, the Board confirmed a quorum for the August 18, 2020 meeting. The meeting was scheduled for 6:00 p.m.
I. ADJOURNMENT
Mr. Montesano made a motion to adjourn the meeting at 9:23 p.m. Mr. Kosten 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 August 18, 2020