Planning Board – Meeting Minutes
Tuesday, June 16, 2020 - 7:00 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. Constantine called the meeting to order at 7:01 p.m.

B. ROLL CALL AND ATTENDANCE

 

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

 

Members absent:             Chair James A. Hall, IV and Member Dylan Kosten

 

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 OF MINUTES

1.      May 14, 2020 Special Meeting – Mr. Lawlor made a motion to approve the May 14, 2020 minutes as presented. Mr. Hopkins seconded the motion. In discussion, Mr. Montesano noted that his membership status should be update on the minutes. Mr. Constantine noted a correction needed with the two motions made to extend the May 14 meeting. Mr. Lawlor made a motion to amend his previous motion and to approve the May 14, 2020 minutes as corrected by the Board. Mr. Hopkins seconded the amended motion. The motion CARRIED by unanimous vote with no abstentions.   

 

2.      June 2, 2020 Special Meeting – Mr. Lawlor made a motion to approve the June 2, 2020 meeting minutes as presented. Mr. Parker seconded the motion. The motion CARRIED by unanimous vote with no abstentions. It was noted that Mr. Montesano’s membership status was incorrectly noted on the June 2, 2020 minutes

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 asked that item F4 be moved to the first order of business under old business. She said it would be presented remotely by Mr. Delaney. The Board agreed to hear the agenda item on Community Development Block Grant (CDBG) Program Year (PY)-2019 first.  

E. OLD BUSINESS

1.      2020-ATC-02: CDBG PY19 Application Review, discussion, and possible action and/or continuation to a future meeting by the Planning Board on an Advisory Opinion to the Town Council concerning the consistency of the proposed public facility and service activities in the Town’s Community Development Block Grant (CDBG) application for Program Year (PY) 2019 with the Comprehensive Plan and local development ordinances and regulations.

 

Mr. Delaney reviewed the memo on CDBG PY-19 activities distributed in the Planning Board packet. He said that after the description of each activity are the staff findings of how they are consistent with the Comprehensive Plan. Mr. Delaney explained that after an engineering assessment in the area of Park Avenue, it was decided that instead of moving forward with a previously proposed project, they would apply for funding to create a 300-foot section of sidewalk on Park Avenue between Bellevue and Top Streets to replace existing sidewalk.

Mr. Montesano praised the projects and the staff’s work. He commended the Meals on Wheels Rhode Island (MOWRI) project and asked if in the future there could be a better way to serve more people in the community. Mr. Delaney explained that currently the local distribution of meals happens at the Westerly Senior Center, which received about $340,000 last year for building improvements, including upgrades to the kitchen, which MOWRI has access to. He said this would hopefully help increase the number of people supported.

Mr.  Hopkins clarified that when the Board votes on the motion the mention of the Park Avenue pedestrian improvements will be referenced as amended by Mr. Delaney tonight. The Board agreed. 

Mr. Montesano read into the record the motion as written in the Planning staff memo dated June 9, 2020, including the amended Park Avenue project details as discussed at the meeting, and made a motion to provide a favorable advisory opinion to the Town Council concerning the consistency of the proposed public facility and service activities in the Town’s CDBG application for PY-19 with the Comprehensive Plan and local development ordinances and regulations. Mr. Hopkins seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

Mr. Delaney left the meeting at 7:15 p.m.

 

2.      2020-DPR-06: 262 Post Road Redevelopment (262 Post Road | Assessor’s Plat 112, Lot 24) Review, discussion, and possible action and/or continuation to a future meeting by the Planning Board on the combined Master & Preliminary Plan for a new ambulatory care facility.

 

Ms. Letendre gave a review of the status of the 262 Post Road Redevelopment application. She described the plans for the parcel, which was a former McDonald’s property, and will now be a two-story ambulatory care facility. She said the project received a positive recommendation from ARB.

John Greim, principal of Alexey Development and Construction, LLC, Greenwich, was present on behalf of the application. Mr. Greim said the intent is to create a facility that complements the medical center next door at 268 Post Road. Also present at the meeting were the project’s architect, Sean Greene, RA and principal at New England Medical Design (NEMD) in Providence, Matt Viana, civil engineer with Millstone Engineering, and Kevin Alverson, landscape architect.

Mr. Greene described the building design to the Board. He said the idea is to create a medical campus with this project and the building next door. He described the parking lot circulation. Mr. Greene discussed the interior of the building and showed the Board renderings of the potential building and parking lots. Mr. Montesano commended the project. Mr. Hopkins said the buildings are complementary.  There was discussion on the services provided at the new building and potential traffic between the two medical facilities. Mr. Viana described the existing conditions and the proposed conditions for the project. In discussion, Mr. Montesano asked about the revised site entrance drawing. Mr. Viana said it was just created and not part of the package. Ms. Letendre said it is a copy of sheet 3 of 9 and highlights the curb cuts on US Route 1 and Post Road. Mr. Viana described the reconfigured curbing. There was discussion on the Post Road entrance for drivers travelling east. Mr. Greene said they are relatively wide roads at 20 feet, and it will be reviewed by the Rhode Island Department of Transportation.

Mr. Montesano recommended using 3,000K bulbs to soften the lights planned for the parking lot. Mr. Greim said the 4,000K bulbs were recommended to match the neighboring medical facility lot. He added that parking spaces need to be under a licensed easement to create shared parking between the two sites. He said there are 54 extra spaces at 268 Post Road. There was discussion on potential directional signage on the property. Green said their intention is to put marker signage where needed based on the engineering assessment and State review. There was further discussion on the circulation of parking lots and the egress and entrances on Post Road and Woody Hill Road.

Mr. Alverson presented the landscape design plan to the Board. Mr. Parker suggested adding extra plant buffer in front of the property at 262 Post Road.  

Mr. Hopkins made a motion that the Westerly Planning Board approve the Master Preliminary Plan for the 262 Post Road Redevelopment (262 Post Road | Assessor’s Plat 112, Lot 24) project application and read into the record a draft motion including dated plans and details of the application. Mr. Montesano asked that the following conditions of approval be amended in the motion; 3. deed restricting 34 parking spaces at 268 Post Road to allow for perpetual use at 262 Post Road, 4. that the project substitute 3,000K bulbs instead of the proposed 4,000K bulbs in the parking lot lamps, and 5. applicant must provide evidence of all off-site road permits required for the project and other State permits. Mr. Hopkins amended his motion to include the amended conditions 3, 4, and 5 as stated. Mr. Lawlor seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

3.      2020-MJLD-01 – Pre-application (Shops on Franklin) (Franklin Street | Assessor’s Plat 88, Lots 34, 35, 36, 39 & 41) Review, discussion and guidance from the Planning Board on the Pre-application of a Major Land Development Project proposed mixed use new development. Rescheduled from April 24, 2020.

 

Ms. Letendre explained that the Board is to provide the applicant with direction for the pre-application. She described the property, which contains wetlands. She said wetland conditions and water quality treatment and stormwater management would be matters of concern moving forward. Ms. Letendre stated the project will be a mix of office and retail that had previous Master Plan approval that has expired. Ms. Letendre said a traffic study will be part of the approval process and the applicant is encouraged to provide it at the time of Master Plan review.  

Attorney William Nardone, with offices at 42 Granite Street, was present on behalf of the application. He described the property and the application, which he said had a Master Plan approval in 2015. He said the new plan is scaled back and proposes about 14,800 square feet of retail space and 30,000 square feet for medical office space.

David Taglianetti, vice president of Carpionato Group, Providence, was present on behalf of the application and suggested a question and answer format for reviewing the pre-application. Mr. Montesano complimented some of Mr. Taglianetti’s work in Cranston but said he is struggling with the orientation of the buildings on the site and the way the entrance works from Route 1. Mr. Montesano said he created a draft sketch as an example of what would work better. Atty. Levesque suggested sharing the draft with the Board first. Ms. Letendre made copies of his sketch. Mr. Montesano also commented that there is no height to the project and told the applicant to consider adding affordable housing above buildings to provide income for the project, as well. There was discussion of the Zoning requirements for the site and if adding a residential use was an option.

Mr. Lawlor noted some other Carpionato Group projects in Westerly that have vacant buildings and said he preferred filling vacant space before building new facilities. He also questioned the need for an additional auto parts store in Westerly. Mr. Taglianetti said Carpionato Group would own the building and lease space to health and medical providers. He noted that they reduced the retail space from 50,000 to 14,000 square feet. Mr. Hopkins suggested alternatives for accessing the site, as well as gave comments on the layout of plan such as the critical need to research a secondary outlet for the site.

Mr. Parker said he agreed with most Mr. Montesano’s comments and he doesn’t like the small narrow lot in front of the property and would like to see it more offset from the street with more landscaping and a reconfiguration of the buildings. He said along Ivanhoe Drive there should be a robust landscaping screen as it is a popular access route to a residential neighborhood. Mr. Taglianetti said the plan does not currently meet traffic signal warrants, so they are not proposing it. Mr. Montesano asked for them to include an on-site traffic circulation study as well as the traffic study for roadways.

Ms. Letendre said if there will be a building near Ivanhoe Drive, there should not be a giant detention pond adjacent to that road. Mr. Taglianetti said it would not be visible from vehicles traveling along Ivanhoe Drive. She said an alternative would be to have a building closer to Ivanhoe Drove with street trees and a landscaping buffer. Mr. Taglianetti said it is likely after these comments are received that the stormwater plan may be reconfigured. Ms. Letendre also asked them to consider pedestrian and residential traffic in the plan.

 

F. NEW BUSINESS

1.      2020-DPR-07: McQuades Hardware (Roof Mounted Solar) – Waiver (105 Franklin Street| Assessor’s Plat 98, Lot 70A) Review, discussion, and possible action and/or continuation to a future Review, discussion, and possible action and/or continuation to a future meeting by the Planning Board on request for waiver of Development Plan Review.

 

Ms. Letendre said Centrica Building Solutions is working on rooftop solar on the existing McQuades hardware building and there is no proposed alteration to the building itself nor on the ground. She said under the current Solar Ordinance DPR is required. She said it is the recommendation of the Department of Development Services (DDS) to eliminate the DPR requirement for rooftop solar in the Zoning amendments package to be presented to the Board.

Atty. William Nardone, with offices at 42 Granite Street, was present on behalf of the applicant.

Mr. Montesano made a motion that the Westerly Planning Board waive DPR for Planning Case 2020-DPR-07: McQuades Hardware (Roof Mounted Solar) – Waiver (105 Franklin Street| Assessor’s Plat 98, Lot 70A). Mr. Lawlor seconded the motion. In discussion, Mr. Parker said he generally does not have a problem with roof-mounted solar, but one aspect is visibility. He said the standard in the Zoning Ordinances is that devices be set back from the edge of the building and be determined that they have no adverse impact. He asked if the applicant could confirm they will not be seen or be eyesores. There was further discussion on the building and the aesthetics of the solar panels. The motion CARRIED by unanimous vote with no abstentions.

 

4.      2020-MNS-03 Ritacco Trust – 3-Lot Minor Subdivision (99 & 101 Ashaway Road | Assessor’s Plate 38, Lots 31 & 32) Review, discussion, and possible action and/or continuation to a future meeting by the Planning Board on Preliminary Plan review of a Minor Subdivision with no street creation.

Ms. Letendre described the properties, their locations, and the history of the application. She noted that this application has 65 days remaining to render a decision and a continuation would require the permission of applicant.

Patricia Walker, engineer and president of Walker Engineer, LTD, West Greenwich, was present on behalf of the application. She said she became involved in the fall of 2019 and it was last before the Board in 2017. She described the parcels and discussed the septic designs. Ms. Walker said it has Rhode Island Department of Transportation approval for driveway access for three of the lots.

Mr. Montesano said the application was well prepared and the information he needed was there and he did not have any questions. Mr. Lawlor asked if there was a procedure the Town Engineer will follow for inspection and monitoring. Ms. Walker said she spoke to Town Engineer Kyle Zalaski relating to those comments and provided details. Ms. Letendre explained how each chain of title will have a set of three plans as well as guidelines with stormwater management for the future home and landowner. Ms. Walker said she had detailed sheets of each of the lots. She said for lot 3 the frontage is only 23 feet wide and requires no more than a 3-foot-high retaining wall, all grading is kept on the lot, and no easement is required. She said soil and erosion control will be required in the front access during construction. Mr. Parker suggested a shared driveway for the first two lots from a safety perspective. Ms. Walker said each proposed driveway meets the standards required and a shared driveway would not be ideal. There was discussion on marking boundaries with granite. Ms. Letendre recommended two conditions of approval; for the applicant to follow up about a Department of Environmental Management (DEM) freshwater wetlands permit as the property is near wetlands, and that Final Plan approval be done administratively. She also mentioned as a condition the recording of the final approved documents in the land evidence records to ensure that each lot has its stormwater plans and its development plans in its own chain of title.

Mr. Montesano made a motion that the Westerly Planning Board approve with conditions as discussed Planning Case 2020-MNS-03 Ritacco Trust – 3-Lot Minor Subdivision (99 & 101 Ashaway Road | Assessor’s Plate 38, Lots 31 & 32). Mr. Lawlor seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

5.      2020-AMND-ZN (Amendments to Chapter 260 – Zoning Ordinance) Review and discussion of the proposed amendments to the Zoning Ordinance during which the Board will accept and address public comments. The Planning Board may conclude this discussion and provide a recommendation on the ordinance amendments to the Town Council for adoption or continue the public discussion to another date.

 

Ms. Letendre explained the Zoning Ordinance amendments package that the Board received. She said she prepared the Board a draft motion for a favorable recommendation of the amendments package to the Town Council, relaying its consistency with the Comprehensive Plan and Zoning. Zoning Official Nathan Reichert was present to answer questions. Director of Development Services Lisa Pellegrini was also present.

Mr. Parker made a motion to continue the matter and direct staff to draft a memo summarizing the changes to the amendments. Mr. Lawlor seconded the motion. In discussion, Mr. Parker said he did not have time over the weekend to read the 60 pages of proposed Ordinance changes that were given to Board members. Mr. Montesano said he doesn’t disagree with Mr. Parker on any point he made but he feels strongly it was worked on diligently by staff and it’s a tall order to ask the Board to review the document in 24 to 36 business hours. He said he took time to go through the document twice and prepared multiple comments and questions for discussion. Atty. Levesque said he and Assistant Solicitor for Planning and Zoning Todd Romano received the Zoning amendments packet last week and spent many hours with staff to provide updated amendments for this meeting. He said they would prefer to get as much input from the Board as possible tonight. Mr. Lawlor said he seconded the motion because he just received a third revision of the Zoning amendments with Mr. Montesano’s comments but understands staff is available tonight for discussion. Mr. Hopkins said the people in attendance should be given a chance to speak. There was discussion of when Town Council meets next. Ms. Pellegrini said she knows it is a tall order and they were instructed by the Town Council president to work on these amendments during the Covid-19 crisis to help businesses. She said after the Town gets through the pandemic, businesses are going to need to transform themselves and this can spur some positive economic development. She said the Town Manager originally wanted it to go to the Town Council on June 22. Mr. Parker withdrew his motion to continue the item and Mr. Lawlor withdrew his second to the motion.

Mr. Lawlor made a motion to extend the meeting to 10:30 p.m. Mr. Hopkins seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

Attorney Thomas Ligouri, with offices at 85 Beach Street, Westerly, was present to speak on behalf of golf courses represented in the proposed amendments. He said he generally thinks that staff did a good job in this most complete lookback and revision of the 1998 Zoning Ordinance. He said at that time he served as chair of the Zoning Ordinance Review Committee and said at that time that any Zoning Ordinance will have to be a living breathing document that adjusts to times and unanticipated consequences. He said he had been working on a proposed Ordinance to allow more flexibility with the operation of these golf courses for more than a year, which included the discussion for ongoing needs for affordable housing. He said additionally accommodations can take advantage of an amenity like a golf course, which is not in a rising sea-level Zone. Atty. Ligouri said as a representative of Winnapaug Golf Course, they endorse the Zoning amendment as presented. He said the Shelter Harbor Golf Club's comments are well taken.

Atty. Ligouri also discussed the possibility of changing a provision for a 25-foot building height to a 35-foot height to allow for roof top deck access. Atty. Levesque clarified that Atty. Ligouri is suggesting Mr. Montesano's edits not be added and that they stick to the second draft that was given. Atty. Levesque provided the clarifying language. Mr. Montesano asked for a height example with numbers.

Atty. Ligouri also commented on whether there is an overparking issue in Westerly. He said there is a provision that indicates that a change in use of existing space would not occasion a change in parking in the Downtown and that is a good thing. Regarding parking, Atty. Levesque said he and Atty. Romano conclude that it is a dimensional regulation and can be subject to modification under the Zoning Ordinance and done administratively. There was further discussion on potential changes to building height requirements

Atty. Nardone said he supported Atty. Ligouri’s comments in respect to golf courses and height issues. He commended the staff for their hard work with the amendments. He said the document is much more user friendly.

Mr. Reichert said staff has spent countless hours to perfect language on what they see as significant hurdles in the Zoning Ordinance. He said many elements effect the operational day to day of the Zoning Office and Zoning Board. He gave examples of how certain issues overwhelm Board agendas and could be done administratively.   

Mr. Constantine thanked staff for their summary. Ms. Letendre suggested not circulating any other draft of the Zoning amendments other than the one Atty. Levesque sent as that will be under discussion on June 23. The Board and staff discussed the plans for that meeting.

Mr. Montesano made a motion to continue the discussion of Zoning amendments to the June 23, 2020 Planning Board meeting. Mr. Lawlor seconded the motion. The motion CARRIED by unanimous vote with no abstentions. The Board and staff set the discussion to begin at 6:00 p.m. June 23.

 

6.      Appointments & Reappointments: The Planning Board will discuss the current Board vacancy and filling the vacancy to be created by Dylan’s departure in July. (term to expire 8/31/2020)

It was discussed that one opening expires in August and a second opening will occur when Dylan Kosten leaves in August. Ms. Letendre said four individuals applied for the Planning Board and they will have two new appointments as suggested by Town Council. She said Mr. Constantine also requested reappointment.

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 May 12, 2020 to June 10, 2020

·         Approval of a Final Plan – Kearsarge Solar | AP 55, Lot 1; Merchants Village | AP 86, Lots 62A-1 & 62A-2

·         Approval of an Administrative Subdivision – Perry/Haversham | AP 145, Lots 6 & 5A; Rhodes/Ice Pond | AP 151, Lots 27BB & 27CC; Murano/Luzzi Avenue | AP 164, Lots 1`31 & 132

 

There was no discussion on this report.

 

H. CONFIRMATION OF QUORUM FOR NEXT REGULAR MEETING

1.      July 21, 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.

I. ADJOURNMENT

Mr. Lawlor made a motion to adjourn the meeting at 10:38 p.m. Mr. Montesano seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

Respectfully submitted,

 

Stephanie J. LaSota

Minute Taker