Planning Board – Meeting Minutes
Tuesday, June 2, 2020 - 7:00 p.m.

 

*Pursuant to Governor Gina M. Raimondo’s Executive Order 20-25, dated April 15, 2020

this meeting was held electronically via Zoom and in person at Town Hall.

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, Vice Chair Richard W. Constantine, Secretary Christopher K. Lawlor, Alternate Secretary Justin M. Hopkins, Members Dylan Kosten, Jason A. Parker, and Joseph M. Montesano

 

Members absent:       None.

 

Staff present:             Assistant Solicitor for Planning & Zoning Atty. Scott Levesque, Town Planner Nancy Letendre, Director of Development Services Lisa Pellegrini, Principal Planner Benjamin Delaney, Director of Information Technology Marc Tate, and Minute Taker Stephanie J. LaSota

 

C.    APPROVAL AND REVISION OF MINUTES

 

There were no minutes on the agenda.

 

D.    CHANGES TO 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.

           

There were no changes to the agenda.

 

E.     OLD BUSINESS

 

There was no old business on the agenda.

 

F.     NEW BUSINESS

 

Comprehensive Community Plan: 2020-2040

1.      A Public Hearing to review and discuss the proposed 2020-2040 Comprehensive Plan for the Town of Westerly during which the Board will accept and address public comments. The Planning Board may conclude the public hearing and provide a recommendation on the form and content of the Comprehensive Plan to the Town Council for adoption or continue the public hearing to another date.

 

Mr. Hopkins made a motion to open the public hearing. Mr. Lawlor seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

Ms. Letendre introduced documents titled as Exhibit A through F into the record, which were also digitally available on the Town Web site under the Comprehensive Plan page. She said Mr. Delaney will explain the maps in Exhibit B.

Ms. Letendre stated Exhibit A is a draft of the Comprehensive Plan dated May 18, 2020 to be reviewed during the public hearing. She said any changes made to Exhibit A will be in the final product that is recommended to the Town Council for their recommendation and adoption as part of Town Ordinance. Exhibit B is a series of map figures and Exhibit C contains general descriptions for each map, she said. Ms. Letendre explained Exhibit D is a complete analysis of the changes to the maps titled; “Requested Map Changes to Address Public and State Comments.”

Ms. Letendre explained that Exhibit E is a letter dated April 16, 2020 from the Statewide Division of Planning regarding its review and evaluation of Westerly’s draft Comprehensive Plan. She said Exhibit E is a 17-page document and part one of the document explains the areas that based on their review need to be addressed in the plan in order to get approval, while part 2 is a lengthier list of comments and changes - not required but helpful.

Exhibit F is a notice of public hearing advertised in the Westerly Sun three times in accordance with State law prior to this evenings public hearing, Ms. Letendre said. She added that it is their intent to continue this hearing to 7 p.m. on Tuesday, June 9 where they will continue the process and they are grateful for more time to work out comments and concerns.

Mr. Delaney reviewed the series of maps featured in Exhibit B. Maps included Future Land Use Maps, flood hazard and storm hazard maps, as well as a map on the hazards of sea-level rise. Mr. Montesano commended staff for a good job with the maps and said he caught some minor errors within the legends, which he noted for staff. Regarding the map featuring water and sewer infrastructure, Ms. Letendre said they still have work to do with this map and are recommending the existing local urban services boundary be added to this figure. It will be essential in coming months as they begin to discover to what extent there will be new sewer extensions, she said. There was some discussion on potential expansion. Ms. Letendre said the Department of Development Services (DDS) will work closely with the Town’s Utilities, Engineering, and Public Works Departments, as well as Rhode Island Department of Environmental Management (RIDEM) when considering extensions and it will be a long process.

            Mr. Delaney gave an overview of the land use and land cover maps in Exhibit B, including maps presenting the Town’s Zoning districts. He said a Zoning map showing the Aquifer Protection Overlay District is still being created by the Town and RIDEM, which will be later added to Exhibit B.

Mr. Delaney continued explaining the maps on Westerly’s natural resources. He said there is also a Coastal Resources Management Council (CRMC) Salt Pond Region Special Area Management Plan (SAMP) map displaying the salt ponds in the region. Ms. Letendre said the areas within the SAMP are subject to CRMC development restrictions, in addition to local land use restrictions and as they move forward that will likely mean changes, but at this point they do not know what will be imposed. Mr. Delaney explained the remaining maps in the series. There was some discussion on the legends and keys on the referenced maps.

Mr. Delaney explained that the neighborhoods map was generated based on a shareholder workshop in August 2015. He said those attending defined about 30 neighborhood areas, but based on further public comment and looking at different ways of seeing established communities, as well as examining census data and fire districts, the map was organized into 19 “planning areas” to help implement various actions that the Comprehensive Plan is proposing.

The land-based and water-based recreation maps were explained by Mr. Delaney. He said Exhibit D will go into more depth on public and private recreation sites and designated rights of way. He presented the public facilities map to the Board. During the description of the transportation map there was further discussion on the definition of a “collector roadway.” Ms. Letendre thanked Mr. Delaney for his work and contributions to the Comprehensive Plan. Mr. Delaney left the meeting at 6:43 p.m.

Ms. Letendre displayed Exhibit D for the Board and attendees and explained that it detailed the changes made to the maps in Exhibit B. She said more edits will be made and completed by June 23. She asked anyone with more questions this week to contact her at the Planning Office at 401-348-2536.

Referencing Exhibit F, Ms. Letendre said the continued public hearing scheduled for June 9 at 7 p.m. will take place in Council Chambers at Town Hall, as well as via Zoom. Ms. Letendre explained Exhibit E to the Board. She said the State is emphasizing internal consistency throughout the whole document. Ms. Letendre said all departments helped with the process of creating an implementation horizon, which is noted on page 63.

Ms. Letendre discussed Chapter 4 on housing in further detail, saying it is a concern for the State that Westerly acquire 10 percent low and moderate income (LMI) housing in the community. At this point in the meeting, Mr. Hall asked if there was any public comment.

Attorney Steven Surdut, with offices at 43 Broad Street, voiced concerns over a potential change from Low Residential Zoning to Agricultural Zoning in the FLUM, which he thought could affect Manfredi Farm, at 77 Dunns Corner Road. He said it is a property with several different uses and four residences on the site. Ms. Letendre displayed the referenced FLUM and the property parcel was identified by Atty. Surdut. He said he would provide the address and map and lot number to the Town Planner in writing but did not have it tonight. He said the property is about 120 acres and contains wetlands. He said he will submit a written position on it. Mr. Constantine said a map from 2011 also shows the lot as an agricultural use. Ms. Letendre said the 2011 map referenced is the land cover map and that demonstrates that if you were to look at this from above you would see that was an area used for agriculture. She said what is important is the Zoning of the parcel. Mr. Kosten and Mr. Montesano confirmed it was Zoned RR60. Atty. Surdut said he is asking to keep it that way.

Gail Mallard, of 2 Schumann Avenue, asked Ms. Letendre if she could “track changes” to the Comprehensive Plan draft over the next week for the public so they could see exactly where edits occurred. Ms. Letendre said edits will be in track changes mode, introduced into the record and accepted by the Board before they can officially replace existing pages on the record. Ms. Letendre said an edited draft will most likely be posted on June 8 and labeled Exhibit G.

Ms. Mallard said she was a member of the Citizens Advisory Committee, which prepared the 2010 Comprehensive Plan, as well as its chairperson that prepared the early draft of the plan. She said she counted 224 separate action items and guessed that over a 20-year span it would entail working on about one item a month. She asked who would work on all these things and what is the cost estimate. She said she counted 35 items that are Zoning or regulation changes, 55 programs, and 40 separate studies. She asked if the Planning Board could provide a cost estimate of the full implementation to the Town Council before they accept the plan. She said if the cost is high, they might consider paring it back and setting priorities. Ms. Mallard also commented that she believes the Zoning Ordinance is very important for the citizens. She said the plan suggests Form-based code but could not find an adequate description of it in the plan. She said it appears to be a significant overhaul to current Zoning and if it is not, that should be explained. Ms. Mallard added that there is no indication of what a neighborhood plan would look like, only a reference to a North End Neighborhood Plan, which was voluntary. She asked how they would be created and who would fund them.

Ms. Mallard also addressed two specific action items HCR (Historic and Cultural Resources) 2.3.C and HSNG (Housing)1.2.F. In the former she asked that “promote through form-based Zoning the design and construction of new physically integrated and constructed places in targeted areas” be explained. She asked what targeted areas would be and the criteria to identify them. In the latter housing item, she questioned the intentions of broadening availability of accessory dwelling units and asked if it was the end of single-family dwellings. Ms. Letendre displayed the referenced housing action item on the screen and explained this is something currently happening with the advice and interest of the Zoning Board. She said what is currently defined as an “accessory apartment” requires a Special Use Permit that needs to be renewed every five years. She said it is a long process normally involving the same applicants. She said the accessory unit needs to be occupied by a relative of the property owner. Ms. Letendre said the definition is not changing, but the Town is bringing the process consistent with State law where an accessory family dwelling unit is permitted as a right, but still needs a Zoning Certificate. She said the change could also help the Town comply with the State’s standards on affordable housing, but those details are not worked out completely yet. Ms. Letendre explained the implementation schedule, which assigns responsible parties to action items. She said there may be over 200 items on the list, but at least 70 are Zoning Amendments or Land Development Regulation changes and they will not all be done one at a time. She said they expect to complete most of the actions within the next ten years and there is a plan to make it happen. Ms. Letendre added that some of the items are underway already, but the goal is written to remind the Town to continue the work and some goals are ongoing. There was further discussion on the language used to describe accessory dwelling units. Mr. Hall emphasized the State mandates on housing to be accommodated with Zoning regulations. Mr. Constantine recognized Ms. Mallard’s comments on Form-based code and said it would require further education before they start the process in areas that makes sense. Ms. Letendre addressed Ms. Mallard’s concerns on neighborhood planning. Mr. Hall acknowledged that the Town held public meetings on Form-based code in the past to educate the public and business community. Ms. Letendre gave examples for potential neighborhoods to work on and what may be focus areas. Ms. Mallard thanked the Board for the dialogue and she said her concerns have been alleviated. She suggested some of the language used in the explanation could be incorporated into the draft to make it easier to understand for the lay person.

Jocelyn Lahey, of 11 Summer Street, also representing the Watch Hill Conservancy (WHC), shared that the group submitted comments to the Town Planner in the form of a letter on the draft plan. She said they are impressed with a lot of the document and appreciate the work put into it. Ms. Lahey said she hopes that the comments are helpful to Ms. Letendre and the Planning Board and the WHC is happy to respond to any comments. Ms. Letendre said she was expecting comments and will review them and circulate them to the Board. She said they will introduce them into the record next Monday night. Atty. Levesque encouraged the Ms. Lahey to participate in the public hearing on June 9.

Ms. Letendre continued to review the remaining Comprehensive Plan draft. She said the State suggested changing the enumeration of the plan. She said she will review the future land use sections next week as she will be substituting a substantial amount of material. She reviewed some of the changes she will make to satisfy the State’s desire for a simpler layout. Mr. Kosten commented that Ms. Mallard talked about how form-based code was not adequately defined in the draft and he was curious how to define it for Westerly and where would it be placed in the plan. Ms. Letendre said when it comes to form-based code the way it will look and be implemented will change based on what small area is being worked on and so there is not a description. Mr. Kosten said the idea is that form-based code is adaptable to fit all the things that make a neighborhood unique or valued but if the public has questions they should revisit defining it so it is not a foreign concept to them when they read the document. There was further discussion that they have already had conversation about this and there may be existing language they can incorporate into the plan.

Mr. Hopkins commented on the community grappling with the effects of the Covid-19 pandemic and asked if there was any change in the implementation horizon due to this. Ms. Letendre said staff has fast tracked several Zoning Ordinances that could be essential to supporting the local economy, including moving Development Plan Review (DPR) to a digital permitting process. There was also discussion on some economic goals in the plan.  

Mr. Montesano made a motion to continue the public hearing on the Comprehensive Plan to Tuesday, June 9 at 7:00 p.m. Mr. Lawlor seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

Mr. Parker said he would be unavailable on June 9 and June 23 for the continued hearings. Mr. Kosten said he would be away on June 23. Atty. Levesque reminded the Board that unless the Governor’s executive order is extended, a Zoom meeting beyond June 14 will not be possible.

Mr. Kosten said the regularly scheduled July meeting will be his last meeting for the Planning Board and he will also write an official resignation letter. Mr. Hall thanked him for his service.

 

G.    CONFIRMATION OF NEXT REGULAR MEETING DATE

 

Comprehensive Plan Public Hearing on Tuesday, June 9 at 7:00 p.m.

 

H.    ADJOURNMENT

 

Mr. Hopkins made a motion to adjourn the meeting at 8:52 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 June 16, 2020