Planning Board – Meeting Minutes

Tuesday, May 18, 2021 - 6:00 p.m.

Council Chambers, Westerly Town Hall

45 Broad Street, Westerly, RI 02891

*Pursuant to 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.

 

 

 

A. CALL TO ORDER –

Mr. Hopkins called the meeting to order at 6:00 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.

 

C. APPROVAL OF MINUTES

 

1. April 6, 2021 Special Meeting – Mr. Constantine made a motion to approve the April 6, 2021

Planning Board meeting minutes as submitted. Mr. Lawlor seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

2. April 20, 2021 Regular Meeting – Mr. Lawlor made a motion to approve the April 20, 2021

Planning Board meeting 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.

 

Mr. Hopkins said he must leave the meeting by 8:15 p.m. for a professional appointment and hoped to review all the old business by 8:00 p.m., at which time Mr. Lawlor would chair the remainder of the meeting due to a recusal from Mr. Constantine on an agenda topic.

 

E. OLD BUSINESS

 

1. 2019-MJLD-01: South County Cultivators – Preliminary Plan Amendment Review of Major Land Development (71 Quarry Road | Assessor’s Plat 55, Lot 1) Review, discussion, and possible action and/or continuation to a future meeting by the Planning Board on request for Preliminary Plan Amendment Review of a medical marijuana cultivation facility.

 

Attorney Beth Noonan was present on behalf of the application, along with the applicant, Rick Comolli, and the project engineer, Sergio Cherenzia, principal of Cherenzia & Associates, LTD., 99 Mechanic Street, Pawcatuck, Connecticut. Atty. Noonan. mentioned the Westerly Police Chief did not submit any comments in writing regarding the security features of the site. She reviewed why the changes to the site plan were made by the applicant. Atty. Noonan said the facility is licensed with the Rhode Island Department of Business Regulation (RIDBR) and it is a permitted use for the location. Mr. Comolli explained the conceptual plan presented in 2019 and described the security measures of the project and steps taken before and after the cease-and-desist order from the Westerly Building Department. He said all the gates have keypad locks and employees have keys. Mr. Comolli said gates remain closed except for entrance and egress times. He said there are eight cameras that run 24 hours a day, seven days a week, and the video is stored for up to 60 days.

Police Chief Shawn Lacey entered the meeting at 6:12 p.m. to address the Board about the application. Chief Lacey said he saw the plans throughout the amendment process. He said he opposed the whole operation from the start based on the service provided. Chief Lacey said it is a travesty that the operation began without the original requirements of the Board and operated for about a year without complying to the approved plans. He said he does not understand why the Board would agree to anything now. Chief Lacey left the meeting at 6:17 p.m.

Joseph Trillo, sales manager at AAA Alarms and Fire Protection, West Warwick, said he worked with the business on their camera system. He said it is the first medical marijuana facility that he has worked on that he has a fence. He said most places are in multi-tenant buildings and do not have fences. He provided details on the security system, approved by DBR. Mr. Trillo said he has never been asked before to connect video surveillance footage to a local police department. Mr. Constantine commented that Westerly Library connects their video to police so it can be done, and it is helpful.

Mr. Lawlor shared concerns about the applicant not following the previously approved plan, especially after the Planning Board put a lot of time and effort into finalizing that plan. Atty. Noonan said the facility is only licensed for cultivation and there is no expansion proposed at this site and if it were, it would have to go through the Town’s and DBR’s processes. She commiserated with the Board’s

expressed frustration and reiterated that her applicant is attempting to fix it.

Mr. Montesano made a motion that the Westerly Planning Board approve application 2019- MJLD-01: South County Cultivators – Preliminary Plan Amendment Review of Major Land Development (71 Quarry Road | Assessor’s Plat 55, Lot 1) based on the conclusions and conditions in satisfaction of Westerly Code §A261-14 as written in Planning Board’s Exhibit 1, the Town Planner’s memo to the Planning Board dated May 1, 2021, and amended during discussion to include condition 5 - that eight video cameras, as shown on the site plan, must operate 24 hours a day, 7 days a week, for 365 days a year and video footage must be saved for at least 60 days and the Westerly Police Department must have either immediate access to any video footage or must be provided a video feed from the facility at their request; and condition 6 - all gates in the fence providing access to the secured area of the facility must be closed and locked at all times except for the immediate entering or leaving of personnel or, shipping and receiving activity and the gates must be closed and locked immediately after accessing or leaving the secured fenced in area of the facility. Mr. Constantine seconded the motion.

 

Atty. Noonan clarified language under conditions of approval 3 regarding parking outside the fence of property that it meant no permitted parking right against the fence as the property is very large. There was further discussion that the dumpster be enclosed within the fence and locked. Mr. Montesano made a motion to modify his previous motion to include the discussed changes to conditions 1 through 7. Mr. Constantine seconded the motion. The motion CARRIED by unanimous vote with no abstentions. Mr. Montesano made a motion that the Westerly Planning Board render a favorable advisory opinion for amendment to a special use permit and aquifer protection permit on the Application “Planning Case No. 2019-MJLD-01 – Westerly Granite Co. (South County Cultivators,) reading into the record from Board’s Exhibit 1. Mr. Constantine seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

2. 2020-MJS-01: 60 Ledward Avenue – Master Plan Review of Major Subdivision (60 Ledward Avenue | Assessor’s Plat 68, Lot 74) Review, discussion, Public Hearing, and possible action and/or continuation to a future meeting by the Planning Board on request for Master Plan Review of a 9-lot (10-unit) residential subdivision.

 

Attorney William Nardone, with offices at 42 Granite Street, was present on behalf of the application and reviewed the details of the proposal. Molly Titus, project engineer with DiPrete Engineering, was also present and asked that the record be amended to reflect that the pavement of Gardner Drive is 30 feet wide in some areas. She asked for guidance on the Board’s previous request that four feet of sidewalk be added to both sides of Gardner Drive based on the previous information given that the road was 24 feet wide. After some discussion, the Board agreed to eliminate the project’s sidewalk requirement on Gardner Drive. Ms. Letendre noted that with that requirement elimination, the applicant will maintain a 30-foot pavement width. It was also discussed that the cul-de-sac would be 88 feet – an 80-foot width with 8 feet of added shoulder space.

John Sposato, of 30 Gardner Drive, said he owns the lot adjacent to the eastern boundary of the proposed project. He asked for clarification on a potential vegetative buffer in that area. Ms. Letendre said a landscaping plan is required at the Preliminary phase of the application. Mr. Hopkins recommended the applicant speak directly to abutters before taking the next steps.

Mr. Hopkins asked Atty. Nardone if the applicant has read and agreed with the written list of conditions of approval for the project. Atty. Nardone said he and Ms. Titus reviewed it and the conditions are acceptable. Ms. Letendre advised the Board to add a condition of approval that a waiver has been granted that no sidewalks are needed and the pavement width for Gardner Drive is 30 feet and 88 feet for the cul-de-sac. Atty. Levesque labeled the May 10, 2021 memo written by Planning staff to the Planning Board as Board’s Exhibit 1.

Mr. Montesano made a motion to close the public hearing at 6:54 p.m. Mr. Lawlor seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

Mr. Lawlor restated his previous requests for a slope risk reassessment and bore hole drilling at the center of each future building site, which are related to potential future blasting. Mr. Montesano agreed those conditions should be added to the approval. Ms. Letendre said item 14 refers to a detailed blasting plan and item 15 has to do with rock and ledge. She suggested adding those specific requests to item 14. Mr. Montesano said bore hole testing should be done to the lowest level or cellar floor of any future home. Atty. Levesque said those conditions as discussed will be added as an amendment to Exhibit 1.

Mr. Montesano made a motion that the Westerly Planning Board approve Planning Case 2020-MJS-01: 60 Ledward Avenue – Master Plan Review of Major Subdivision (60 Ledward Avenue | Assessor’s Plat 68, Lot 74) with conditions as written in Exhibit 1 and amended at the May 18, 2021 Planning Board meeting. Mr. Lawlor seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

Mr. Montesano made a motion that the Westerly Planning Board render a favorable advisory opinion to the Zoning Board on Planning Case 2020-MJS-01: 60 Ledward Avenue – Master Plan Review of Major Subdivision. Mr. Constantine seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

3. 2020-MJLD-08: Avondale Heights – Master Plan Review of Major Land Development (165 East Avenue | Assessor’s Plat 107, Lot 57) Review, discussion, Public Hearing, and possible action and/or continuation to a future meeting by the Planning Board on request for Master Plan Review of a 20-unit condominium development with 3 offsite LMI units.

 

Atty. William Nardone, with offices at 42 Granite Street, was present on behalf of the application along with project engineer Molly Titus, of DiPrete Engineering. He said they submitted an updated revised plan to the Planning Office. Ms. Titus said they have dug 25 nine-foot-deep test pits on site at each one of the proposed dwelling unit locations and found no ledge.

There was some discussion on the proposed pervious pavement. Ms. Titus said for single and multi-family use the driveway is adequate and that is why they proposed inlets for the edges of the roadway at more traveled areas. Mr. Lowther asked Atty. Nardone about the potential for locating low and moderate income (LMI) units off site. Atty. Nardone said one of conditions in the proposed motion is that they have a final plan for that by the Preliminary Phase. He said they still need to finalize those details. Mr. Lowther said he would like to know some possibilities of what the development will look like. The applicant Doug DeSimone said he would like to add the 4 units on site but if they are unable to do that then they are committed to reducing the units on site to 17 and putting the inclusionary units on

site. He said if he cannot find sites for the LMI units or cannot afford the fee to move them then the units will be on site. Atty. Levesque said Ms. Letendre prepared a memo to the Planning Board on the application dated May 10, 2021 and marked it as Board’s Exhibit 1. There was no public comment.

Ms. Titus asked for a clarification on the waiver request on sidewalks. Mr. Montesano said sidewalks should be on both sides of the street and in and around the cul-de-sac. Mr. Constantine and Mr. Hopkins agreed with the assertion that all waivers be granted except the waiver of sidewalks.

Mr. Montesano made a motion to close the public hearing at 7:25 p.m. Mr. Constantine seconded the motion. The motion CARRIED by a 6 to 1 vote with Mr. Lawlor voting no.

Mr. Lawlor shared concerns on a project of this size on East Avenue. Atty. Nardone reminded the Board that it was an allowed use by Special Use Permit.

Mr. Montesano made a motion that the Westerly Planning Board approve Planning Case 2020- MJLD-08: Avondale Heights – Master Plan Review of Major Land Development (165 East Avenue | Assessor’s Plat 107, Lot 57) with conditions as listed in Exhibit 1. Ms. Letendre commented that the new proposed name of the project is “Harbor Ridge” and will not be named Avondale Heights. Mr. Constantine seconded the motion. The motion CARRIED by a 6 to 1 vote with Mr. Lawlor voting no.

Mr. Montesano made a motion that the Westerly Planning Board render a favorable advisory opinion to the Zoning Board on the granting of the requested Special Use Permit for Planning Case 2020-MJLD-08: Avondale Heights – Master Plan Review of Major Land Development (165 East Avenue | Assessor’s Plat 107, Lot 57.) Mr. Constantine seconded the motion. The motion CARRIED by a 6 to 1 vote with Mr. Lawlor voting no.

 

F. NEW BUSINESS

 

1. Salt Pond Special Area Management Plan (SAMP) Discussion by the Planning Board on the Salt Ponds SAMP, created by the Coastal Resources Management Council (CRMC).

 

Ms. Letendre said discussion of the SAMP is relevant as the Planning Office is looking at development projects near salt ponds. She said she wanted to create a record showing the Board received information on it. She referenced language at the end of the memo that proved consistency with the Comprehensive Plan. She said some items in that language will be used to implement the SAMP in the future.

 

2. 2021-DPR-02: Weekapaug Yacht Club (25 Spray Rock Road | Assessor’s Plat 158, Lot 2) Review, discussion, a possible action and/or continuation to a future meeting by the Planning Board on the Development Plan Review of the reconstruction of a yacht club building.

 

Mr. Constantine recused himself from the application as he is a member of the Board of Governors of the Weekapaug Yacht Club. Ms. Letendre asked him to submit a recusal form.

Atty. William Nardone, with offices at 42 Granite Street, was present on behalf of the application. Tony Nenna, project engineer and principal of On-Site Engineering, and Robert Lambert, architect, were also present.

Ms. Letendre reviewed that this is the reconstruction of the clubhouse to be Federal Emergency Management Agency (FEMA) compliant. She said there is a question if the proposed revegetation of the site is enough as there is some loss to vegetation that is proposed due to the installation of a septic system.

Atty. Nardone said the clubhouse was built in 1890 and rebuilt in 1955 with some additions in the 1960s. He said the existing building is not up to code or FEMA compliant. He said it is in an Open Space Recreation Zone and because of that anything done to the structure requires a Special Use Permit. He said the Department of Environmental Management already approved the proposed septic system. Mr. Nenna shared the site plan to the screen for the Board and meeting attendees. Mr. Lambert showed an animation of the proposed structure while explaining the design plan. He said the proposed design remains in the existing footprint.

Ms. Harkin commented that the proposed plantings are native, and she approves of them. Mr. Lambert said the project is a complete demolition and they would like to begin building in September and have it open by next summer. Mr. Montesano recommended that a detailed landscape plan be added as condition 5. Ms. Letendre said Ms. Oziolor recommended that the landscape approval is conditioned on compliance with CRMC buffer guidance and that is detailed in the Planning staff memo to the Planning Board.

Mr. Montesano made a motion that the Westerly Planning Board approve Planning Case 2021-DPR-02: Weekapaug Yacht Club (25 Spray Rock Road | Assessor’s Plat 158, Lot 2) with conditions as stated in Exhibit 1 with one change that the applicant work with CRMC guidance on replacing vegetative buffers. Mr. Lawlor seconded the motion. The motion CARRIED by unanimous vote with a recusal by Mr. Constantine.

Mr. Lawlor made a motion that the Westerly Planning Board render a favorable recommendation to the Zoning Board on the granting of a Special Use Permit for Planning Case 2021-DPR-02: Weekapaug Yacht Club (25 Spray Rock Road | Assessor’s Plat 158, Lot 2.) Mr. Montesano seconded the motion. The motion CARRIED by unanimous vote with a recusal by Mr. Constantine.

 

Mr. Hopkins left the meeting at 8:00 p.m.

 

3. Comprehensive Permit Application Form and Checklist Review, discussion, and possible action and/or continuation to a future meeting by the Planning Board on the DRAFT Comprehensive Permit Application Form and Requirements Checklist.

 

Mr. Constantine returned to the meeting at 8 p.m. Mr. Lawlor assumed the role of Chair in Mr. Hopkins’ absence. There was general discussion on the Comprehensive Permit Application Form and Checklist draft as well as the status of an electronic application process for Planning applications.

Mr. Montesano made a motion that the Westerly Planning Board approve the Comprehensive Permit Application Form and Checklist as amended. Mr. Delisio seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

4. Supplemental Notice for Major Land Development and Subdivision Reviews Review, discussion, and possible action and/or continuation to a future meeting by the Planning Board on proposed supplemental notice for Major Land Development and Subdivision Reviews.

 

Atty. Levesque said he had some discussion with the Town Council regarding notice to abutting neighbors on applications. He said one idea is to have a sign posted on the site at the preapplication and preliminary plan phases to notify people of a potential project. He explained there is a way to amend the existing regulation in the Westerly Sign Ordinance to allow an applicant to post signs. Staff asked the Board for their guidance on the issue. There was some discussion of the potential signage requirements for applicants and if there should be a sign on each publicly facing street of the project. Ms. Letendre said this would only be required for major land developments. Mr. Delisio commented that he does not think it is necessary. Ms. Letendre said staff will draft a proposed amendment and the Board may discuss it and vote another time.

 

5. Amendments to Chapter 206 of the Westerly Code of Ordinances Entitled “Sewers” Discussion by the Planning Board on recently adopted amendments to Chapter 206 of the Westerly Code of Ordinances.

 

Ms. Letendre explained that the report is on Town Council and the Department of Utilities manager implementing an action item of the Comprehensive Plan. She said they thought they would need this as an opportunity for the Planning Board to support the changes, but the Town Council already adopted the changes which allows for inspection of buildings and facilities to ensure no discharge or inflow goes into the sewage system. She said this will help give the Planning Department insight into the capacity of the sewer treatment plant and is a good way to collect additional data on storm water and storm flow. Ms. Letendre said she will collect more data on this for the June 1 special meeting agenda.

 

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 9, 2021 to June 9, 2021:

 

• Cimini and Associates Addition (AP 108, Lot 106) Final Plan Approval

 

• Development Project Status Report (updated 5/6/2021)

 

Ms. Letendre read the list of administrative actions. She said staff is seeing a lot of long-range planning happening now and they look forward to the special meeting June 1 with the Economic Development Commission (EDC) and the Planning Board to discuss the Downtown corridor.

 

H. CONFIRMATION OF QUORUM FOR NEXT REGULAR AND SPECIAL MEETING

 

1. June 1, 2021 Special Meeting Members of the Planning Board are asked to notify the AdministrativeOfficer if they will not be present at the next special meeting. The following topics will be discussed:

 

• Downtown Corridor Discussion with the Economic Development Commission

 

2. June 15, 2021 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. The following topics are likely to be discussed:

 

• Comprehensive Plan Implementation

 

• Downtown Corridor Land-use Provisions

 

Ms. Letendre said there are currently no applications for the June 15 meeting.

 

I. ADJOURNMENT –

Mr. Constantine made a motion to adjourn the meeting at 8:24 p.m. Mr. Montesano 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 15, 2021