Planning Board – Meeting Minutes

Tuesday, April 6, 2021 - 6:00 p.m.

 

*Pursuant to former Governor Gina M. Raimondo Executive Order 20-46, dated June 12, 2020, as extended, and Executive Order 20-100, dated November 30, 2020, as extended, this meeting was held via Zoom conference only.

Council Chambers, Westerly Town Hall

45 Broad Street, Westerly, RI 02891

 

 

 

A. CALL TO ORDER –

Mr. Hopkins called the meeting to order at 6:02 p.m.

 

B. ROLL CALL AND ATTENDANCE

 

Members present:           Chair Justin M. Hopkins, IV, Vice Chair Richard W. Constantine, Secretary Christopher K. Lawlor, and Members Joseph M. Montesano, Andrew Delisio, Kevin Lowther, and Tabitha Harkin

 

Members absent:            None.

 

Staff present:                   Assistant Solicitor for Planning & Zoning Atty. Scott Levesque, Town Planner Nancy Letendre, Principal Planner Alyse Oziolor, Information Technology Technician Lanny Fuller, and Minute Taker Stephanie J. LaSota

 

Town Council Liaison Phillip M. Overton was absent from the meeting.

 

C. MINUTES

 

There were no minutes for approval.

 

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.

 

Mr. Lawlor commented that a local newspaper article inaccurately reported that tonight’s Planning Board meeting would begin at 7:00 p.m. Atty. Levesque said the Town legally advertised the correct meeting time but suggested moving the neighborhood planning discussion to the end of the agenda to accommodate any members of the public who may have been misinformed.

Mr. Constantine made a motion to discuss the Planning Board’s old business to the end of the agenda after reviewing the new business. Mr. Montesano seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

 

E. NEW BUSINESS

 

1.   Aquifer Protection Overlay District (APOD) Review, discussion, and possible action and/or continuation to a future meeting by the Planning Board on proposed revisions to the Aquifer Protection Overlay District (APOD) Ordinance.

 

 

Ms. Oziolor explained that the Planning and Zoning departments are working together to revise the APOD, which is part of the Comprehensive Plan action items to increase protection to groundwater in Westerly. She shared a prepared map of the existing district and a proposed district based on Rhode Island Department of Environmental Management (RIDEM) information and a proposed modification to the Ordinance itself. She said it was prepared in conjunction with legal counsel and modified to be in the existing format of the current Ordinance. Planning staff asked the Board for feedback on the first review of the APOD and said a motion was not required. There was some discussion that some of the language is based on State definitions and some is from other towns regulations. Ms. Letendre joined the meeting at 6:11 p.m. There was further discussion on the boundary lines displayed on the map. The two aquifer lines are not displayed on the same map to highlight the difference in the areas, Ms. Oziolor explained. Mr. Montesano requested that they be added together for the next meeting. The Board also discussed underground storage tanks as they relate to residential properties. Ms. Letendre said this will go to staff and legal counsel for further review and the next version will be closer to completion. She said they will research some items discussed tonight. When the Board reaches an agreement on a final version, they can share an advisory opinion so staff may approach the Town Manager to send it to the Town Council.

 

 

2.   Limitations on Accessory Structures Review, discussion, and possible action and/or continuation to a future meeting by the Planning Board on limiting the definition of accessory structure to exclude shipping containers.

 

Ms. Letendre introduced the agenda topic, explaining that the use of CONEX boxes as structures is trending. She said the Zoning Office often works with applicants who seek to use the containers for temporary storage. Ms. Letendre shared that shipping containers as accessory structures is not a huge issue, but it still needs resolution. Mr. Constantine said under accessory uses item H property owners cannot keep shipping containers on their properties for more than 60 days. There is nothing that prohibits them from doing so now. Mr. Montesano commented that they have been able to demonstrate that the Towns permanent use of the boxes is appropriate but the same use on private land is unacceptable. Ms. Letendre responded if the Town has CONEX boxes up at a site and the use of those is accessory to the other work at that location then that that is an accessory use. She said the structure itself would have to be placed in such a way that it met the Zoning requirements so it could not be in the setback. She said there is a way to get permission for that structure provided it is an accessory use.

 

3.   APA RI Membership Discussion and possible action by the Planning Board on becoming members of the APA RI (American Planning Association – Rhode Island Chapter).

 

Ms. Letendre said Lisa Pellegrini, director of the Department of Development Services (DDS), authorized $100 for professional development from the DDS budget to register the Planning Board for a group annual membership. She said Board members will receive a weekly newsletter. She asked members to send an email if they were not interested in using the membership. Mr. Hopkins also shared that each Planning Board member, since part of a public body, is required to complete and submit a financial disclosure form to the Rhode Island Ethics Commission.

 

4.   Administrative Discussion - Discussion on the electronic format of Planning Board meeting packet delivery, preferred procedures for accepting late application materials, and other administrative needs.

 

 

Ms. Letendre shared with the Board how staff prepares meeting packets, reviewing the Planning timeline and application submission deadlines. Staff asked what the Board would like submitted electronically and what they would like to be printed. Mr. Montesano requested anything larger than 8.5 by 11 inches should be printed for them. There was further discussion on applicants’ deadlines, illustrative documents submitted late or during the public hearing, and upcoming meeting attendance. Mr. Hopkins said he would be in the Council Chambers for the next meeting. In a poll of the Board members, all felt comfortable meeting in person soon.

 

F. OLD BUSINESS

 

1.   Neighborhood Planning Discussion - Discussion with the Planning Board on Neighborhood Planning as it is intended to be implemented based on the 2020-2040 Comprehensive Community Plan

 

The Board began discussion on neighborhood planning at 7:36 p.m. and opened the meeting to public comment at 8:00 p.m. Ms. Letendre said there are funds in the current DDS budget for a consultant to help with future neighborhood planning. She said the Economic Development Commission (EDC) also has some budget requests to assist with this process.

 

Joseph Wagner, of 4 Vose Street, and president of the East Wilcox Neighborhood Association, said the concept of neighborhood planning lines up with their goals and they are ready and prepared to develop a plan for their region. He said their goals are to join the neighbors to take steps to enhance and preserve the history of the neighborhood, enhance property values, promote neighborhood pride, and create safety. He advocated that the Planning Board participate and thanked them for their work.

 

Mr. Constantine said if neighborhoods will take the time and effort to make plans, the Planning Board, at minimum, should hear those plans. Mr. Hopkins suggested adding neighborhood planning discussion to the monthly special meetings. Mr. Montesano agreed with Ms. Harkin’s comment that a good way to begin the process would be to develop an application that identifies area leaders. Ms. Letendre said on a staff level they have a lot to do before they can reach out to a consultant.

 

Ken Julian, of 16 West Fairway Avenue, asked how the Board envisions communicating to citizens that this is a direction the Town is moving in so that everyone has an opportunity to form neighborhood groups.

 

Ms. Letendre said she is hoping to continue this discussion at the special meeting in May. She said EDC members are already interviewing stakeholders in the business community and property owners for redevelopment of the Route 1 commercial corridor and Downtown, adding that the Planning Board will be asked to focus on the land use side of those two things. Ms. Letendre said that eventually the EDC and Planning Board will meet and by the end of the summer they should have enough perspectives to have a meeting like the one DDS held on resiliency in 2019. There was discussion on a potential date in June for this stakeholder meeting.

 

I. ADJOURNMENT –

Mr. Montesano made a motion to adjourn the meeting at 8:21 p.m. Mr. Lowther 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 18, 2021