Planning Board – Meeting Minutes
Tuesday, October 20, 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, and Member Joseph M. Montesano

 

Members absent:             None.

 

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. September 15, 2020 Regular Meeting – Mr. Lawlor clarified that on the minutes for June 16, 2020 he had made an error regarding the correction of a golf course closure and apologized to the minute taker and associated attorney for the confusion. There was no discussion on the September 15, 2020 minutes.

 

Mr. Constantine made a motion to approve the September 15, 2020 Planning Board meeting minutes as submitted. Mr. Lawlor 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 recommended changes to the agenda.

 

E. OLD BUSINESS

1. 2020-2040 Comprehensive Community Plan Discussion of Town Council’s review and referral back to Planning Board of the 2020-2040 Comprehensive Community Plan. Possible scheduling of a Public Hearing.

            Ms. Letendre said the Town Council referred the Comprehensive Plan back to the Planning Board for review of the sections that relate to rights of way and to the specifically referenced residential uses for golf courses. She said staff recommends this be ordered advertised for public hearing on Tuesday, November 17 and be on the same 5:00pm agenda with the Capital Improvement Program. She said there is also a regular agenda that evening she suggested be advertised for 7:00 p.m. and they are anticipating two preapplications.

            Ms. Letendre explained there are three specific citations in the plan regarding mixed-used residential on golf courses that were questioned during discussion at the Town Council meetings. She also said Town Council was explicit in desiring that what is in the Comprehensive Plan on rights of way mirror what is in the Harbor Management Plan and staff will help Planning Board work through that language. Mr. Lawlor said there were many people present at the Town Council hearings and the meetings were lengthy. He suggested the public hearing may have to be continued if discussion goes too long as other agenda items are expected for November 17. The Board and staff agreed. (Later in the meeting, December 1^st was selected as a special meeting date.) It was also discussed that the Board could legally hear other concerns about the Comprehensive Plan from the public. Mr. Constantine said he will have to check with the Ethics Board to see if he can participate in the conversation regarding the right of way in Weekapaug as he is a resident in the area and if he cannot participate, the Board needs to ensure a quorum.

            There was further discussion on the procedure for completing the Comprehensive Plan.

Mr. Montesano made a motion to schedule a public hearing on November 17, 2020 at 5:00 p.m. to discuss the Comprehensive Plan. Mr. Hopkins seconded the motion. The motion CARRIED by unanimous vote with no abstentions.  

 

2. Application & Procedures Discussion (DPR Checklist) Review, discussion, and possible action and/or continuation to a future meeting by the Planning Board on Development Plan Review application form and revised procedures for implementing the anticipated new Zoning Ordinance.

Ms. Letendre said Planning staff would like to hear feedback from Board members on the proposed project application review form, which contains three documents to review and be submitted with each Planning application. She said the form requires a brief description of the intent of the project and an area where staff can associate a case number and necessary information. She said the concept is this set of forms would be used for any Planning application, DPR, advisory opinion, land development, etc. and early on in the process staff would verify with the applicant and representatives what type of application they have and the project review stage.

Mr. Constantine said he thought the forms looked excellent and asked if this is longer or shorter than the previous procedure. Ms. Letendre said the forms incorporate things into the first step, which now come at the end, but this will provide information immediately to start the process. She said in terms of work flow, this has all the information in one spot for staff. She said the other portion of the application is a checklist. Mr. Lawlor said the format is more user friendly for applicants and the language is more concise. He asked if staff received feedback from attorneys and applicants involved in projects. Ms. Letendre said they have asked for feedback but haven’t had much response yet. She said this form requires that an applicant check any needed permit off the list and it be included. There was further discussion of the forms. Ms. Letendre said the biggest challenge for the Planning Office and the Department of Development Services (DDS) is applicant compliance with submission requirements. Mr. Lawlor asked if they can get more information as a Board on sewer and water systems in applications. Ms. Letendre said that will be something they look forward to discussing. Mr. Lawlor asked if there is a way to make sure that when a plan is finalized phasing requirements are clear. Ms. Letendre suggested the Board take more time in decision making to articulate the requirements of each project phase. There was some further discussion on the proposed documents. Ms. Letendre said the checklist will not come into use until the proposed Zoning amendments are approved. She asked Atty. Levesque if it needs to be part of the Subdivision Regulations. He said it depends how formal the Planning Board wants it to be; they may adopt it in the regulations, so it is more formal and legally binding. 

 

F. NEW BUSINESS

1. 2021 Planning Board Regular Meeting Calendar

Review, discussion, and possible action and/or continuation to a future meeting by the Planning Board on approval of the 2021 Planning Board Meeting Calendar.

Ms. Oziolor said the proposed 2021 Planning Board meeting schedule would be the third Tuesday of each month at 6:00 p.m. She said none of those dates fall on holidays so unless there are conflicts, they will need a motion to adopt that calendar. Atty. Levesque predicted that use of Zoom for public meetings would be extended.

Mr. Montesano made a motion to adopt the 2021 Planning Board meeting calendar dates. Mr. Lawlor seconded the motion. The motion CARRIED by unanimous vote with no abstentions.  

 

2. 2021 Planning Board Special Meetings 2020-2021

Review, discussion, and possible action and/or continuation to a future meeting by the Planning Board on scheduling special meetings from December 2020 through May 2021.

Ms. Oziolor presented the proposed Planning Board special meeting dates for December 2020 through May 2021, which fall on the first Tuesday of the month. She said it is recommended they begin at 6:00 p.m. and the meeting may be cancelled if it isn’t needed.

Mr. Montesano made a motion to adopt the 2020-2021 Planning Board special meetings calendar with the proposed dates and times. Mr. Lawlor seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

3. Rules of Procedure Revision

Review, discussion, and continuation to a future meeting by the Planning Board on revisions to the Rules of Procedure.

Ms. Letendre said the documents were distributed for some recommended comments and edits. She explained some of the changes, such as changing the officially meeting time from 7:00 p.m. to 6:00 p.m. and possibly eliminating the office of Alternate Secretary and allowing the Vice Chairman to review minutes in the absence of the Secretary. The Board agreed with those changes.

It was discussed that the election of officers must follow the appointment or reappointment of members. Atty. Levesque said he doesn’t know of any near future reappointment activity. Mr. Hall commented that finding new Planning Board members is taking a long time and he has personally asked the Town Council to expedite the process.

Atty. Levesque said another issue to address is whether the Board can change the date of the annual report to Town Council. He said if you look at the language, it should be no less than 30 days prior to the anniversary date of the creation of the Board, which was August 11, 1970. There was discussion that it could be given in July at the end of the fiscal year. Ms. Letendre suggested staff compile the report in June and publish and report it in July no less than 30 days prior to the anniversary date of August 11.

There was further discussion of materials distributed at meetings by applicants. Atty. Levesque said to the extent that any new materials are presented at a meeting, that application can be subject to a continuance, and the Board can make the applicant aware of that. There was further discussion on whether to receive new materials during public hearings. The Board discussed that meetings will begin at 6:00 p.m. with a goal to finish by 9:00 p.m. Mr. Hall said he would like to see the Board frontload meeting agendas with the most critical subjects. The Board discussed with staff that it would be helpful for the Town Planner to carbon copy (CC) both the Chairman and Vice Chairman on any Planning emails to applicants. Atty. Levesque said he would discuss this with Ms. Letendre.  

Ms. Letendre said staff will bring back the Rules of Procedure at the November meeting for a motion to adopt. She said there may be discussion then, as well. It was discussed that the Planning Board Chairman and Vice Chairman should sign off any draft or correspondence going to the Town Council. There was discussion on the procedure for reviewing written Board decisions and who should sign them.

Mr. Montesano made a motion to officially move the Planning Board’s meeting times from 7:00 p.m. to 6:00 p.m. Mr. Lawlor seconded the motion. The motion CARRIED by unanimous vote with no abstentions.  

 

4. Membership Elections and Re-Elections Election and/or re-election of the Chairman, Vice Chairman, Secretary, and Alternate Secretary of the Planning Board by the Planning Board.

It was discussed that there would be no election of officers until September 2021 and pursuant to the Town Code it will take place in September each year.

 

5. Capital Improvement Program (CIP)

Discussion of process/expectations and continuation to a future meeting by the Planning Board on preparing a Capital Improvement Program.

Ms. Letendre said the information staff provided in the Planning Board’s meeting packet shows the budget calendar and the CIP is part of the beginning of the budget process. She said she and Finance Director Dyann Baker have addressed some of the issues Planning Board has referenced in the past; such as the separation of operation and maintenance projects and projects that go into restricted accounts. She said there will be a document to review at the November 17 meeting. Ms. Letendre said Ms. Baker is spending time teasing out capital improvements from operation maintenance funds. Ms. Letendre explained that another topic to address is the prioritization of items based on consistency with the Comprehensive Plan. There was further discussion of the CIP schedule.

 

6. Planning Board Annual Report

Discussion of process/expectations and continuation to a future meeting by the Planning Board on preparing the 2020 Annual Report.

There was discussion of what to include in a Planning Board annual report. Ms. Letendre asked if any Board member would like to help staff with the document. Ms. Letendre discussed creating a process to record work completed in a year’s time. There was conversation about the current status of previously approved projects. Mr. Tate said Information Technology is looking to bring Planning and Zoning projects to an e-permitting Web site. He said there is no reason they can’t give people read only access. He said the ultimate intent is to have everything available in one place, such as all permits that correspond to a property. Mr. Hall asked if there is a way in the future to give the Planning Board access to retrieve an annual report of certain approved project sites. Mr. Tate said it is possible. Mr. Constantine said it is important the Board note what is happening with projects and if folks are following directives. Ms. Letendre said if Board members discover discrepancies in approved projects, they should call the Planning Office and research will be done on that project site.  

 

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 September 15, 2020 to October 20, 2020:

• Approval of Minor Subdivision Final Plan and Land Disturbance Permit

- Manfredi Subdivision, 9 Sweet Corn Lane | AP 82, Lot 21

• Approval of Final Development Plan – Frontage Road Ground Solar

Installation, 44 Frontage Road | AP 49, Lot 1

• Approval of Administrative Subdivision – Paige Administrative

Subdivision, 84 & 86 Dunns Corner Bradford Road | AP 91, Lots 3 & 4

There was no discussion on the administrative actions.

 

H. CONFIRMATION OF QUORUM FOR NEXT REGULAR MEETING

1. November 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.

It was discussed that Tuesday December 1 is a special meeting date for a possible continuation of CIP discussion.

 

I. ADJOURNMENT

Mr. Montesano made a motion to adjourn the meeting at 8:01 p.m. Mr. Hopkins seconded the meeting. The meeting CARRIED by unanimous vote with no abstentions.

 

 

Respectfully submitted,

 

Stephanie J. LaSota

Minute Taker

 

 

Approved by vote of the Board on November 17, 2020