Planning Board – Meeting Minutes
Tuesday, November 16, 2021 - 6:00 p.m.

Westerly Town Hall | Town Council Chambers 45 Broad Street, Westerly, RI 02891

(Governor Daniel J. McKee’s Executive Order 20-46 expired on July 23, 2021,

thereby requiring public bodies to meet in person.)

Please be advised this meeting was held in-person. All Planning Board members must be physically in attendance for purposes of a quorum. Members of the public were welcomed and encouraged to attend in-person. Zoom video conferencing was provided for the public’s convenience, per Town Manager Mark J. Rooney’s Executive Order 21- 001 dated July 8, 2021.

 

A. CALL TO ORDER –

Mr. Hopkins called the meeting to order at 6:09 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 Auxiliary Member 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.      October 19, 2021 – Mr. Lawlor made a motion to approve the October 19, 2021 Planning Board minutes as submitted. Mr. Constantine seconded the motion. The motion CARRIED by unanimous vote. Mr. Montesano and Ms. Harkin were absent from the October 19 meeting and abstained from voting.

 

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 the Board to first discuss Planning Case 2020-DPR-10: Ledward Avenue Storage Units, originally listed as agenda item E.2., to accommodate the applicant's schedule. She said the applicant of agenda item E.1., Planning Case 2019-DPR-15: 20 Frontage Road Solar, was amenable to the change. Mr. Lawlor made a motion to move agenda item E.2. before item E.1. Mr. Montesano seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

 

E. OLD BUSINESS

 

1.      2020-DPR-10: Ledward Avenue Storage Units – Development Plan Review (61 Ledward Avenue | AP 68, Lot 48) Review, discussion, and possible action and/or continuation to a future meeting by the Planning Board on request for Preliminary Plan Review of a Development Plan Review proposing the development of a commercial storage unit facility.

 

Anthony Nenna, project engineer and principal of On-Site Engineering, Inc., 85 Beach Street, Westerly explained to the Board that the applicant completed a Phase 2 environmental site assessment, and the documentation was submitted to the Town. He reviewed that SAGE Environmental, 172 Armistice Boulevard, Pawtucket conducted the assessment and both soil samples and ground water had no concentrations above the Department of Environmental Management (DEM) limits that would be harmful to public health. Mr. Nenna said the last section in the findings and opinions contains the same recommendation as the initial investigation, which was to dig the observed oil staining and properly dispose of it off site. Mr. Nenna said the applicant would return to the Zoning Board to seek relief from their previously instated condition that the front property line tree buffer be planted at least 12 feet high. He asked the Planning Board to provide a favorable opinion to the Zoning Board on the application with a recommendation that Zoning Board retract their previous condition and instead allow for six-foot trees to be planted.

Mr. Montesano said returning to the Zoning Board is a wise choice for the applicant as the 12 to 15-foot tree height is too imposing for a residential area. He also requested the removal of the privacy slats in the gates, which were recommended by the Architectural Review Board (ARB). Ms. Harkin agreed. There was some discussion on the Town Engineer’s notes on the Phase 2 assessment. Ms. Letendre said Principal Planner Alyse Oziolor prepared a condition of approval regarding the proper disposal of contaminants on the site. Ms. Letendre reviewed that Planning staff previously discussed the Zoning Board’s tree height condition with the Chair and Vice Chair of the Zoning Board, who were both adamant that the condition stand, but they may be open to more discussion. Planning Board members noted that arborvitae that are too high could cause safety concerns with the line of sight leaving the property, issues for pedestrians, and maintenance issues. Mr. Montesano commented that there is an elevation change from the front of the site to the proposed buildings that does not warrant such tall trees. Ms. Letendre noted the safety concerns, line of sight, and change in elevations for the Zoning Board’s consideration. She said she would include this information in the conditions of approval.

Atty. Levesque advised that the Planning Board’s decision have some finality and that they provide specific direction to the Zoning Board. Ms. Letendre asked if the Board would allow the applicant to modify the landscape area in the front prior to Final Plan approval and the Board agreed. There was some further clarifying discussion on the location of the proposed arborvitae at the front property line. Mr. Nenna said there is adequate sight lines for cars exiting the proposed project lot, but the car will need to drive up to the pavement to see. Mr. Delisio commented there are arborvitae varieties that they could plant at five to six feet tall, like Emerald, that grow to 10 feet or more, but other varieties will be too large. Ms. Letendre suggested that that variety be planted as part of the condition. There was some discussion on the size of the street and potential area for future Town sidewalk installation.

Mr. Montesano stated that the Planning Board recommends to the Zoning Board that condition number four be modified to include that the proposed evergreen screening shall include slow-growing Emerald Green Arborvitae along with other specific ornamental shrubs, installed at a maximum of six-feet in height, and the applicant must return to the Zoning Board for relief and if it does not grant it then the applicant is bound to the original condition.

Mr. Montesano made a motion to approve with the amended conditions the Preliminary Plan for the 2020-DPR-10: Ledward Avenue Storage Units – Development Plan Review (61 Ledward Avenue | AP 68, Lot 48) including three findings of fact and five conditions of approval, with the fifth condition being that there be no privacy slats installed in the gates of the fence. Mr. Lawlor seconded the motion. Mr. Montesano amended his motion to include that the Final Plan may be administratively approved. Mr. Lawlor seconded the amended motion. The motion CARRIED by unanimous vote with no abstentions.

 

 

2.      2019-DPR-15: 20 Frontage Road Solar – Development Plan Review (20 Frontage Road | AP 39, Lot 36) Review, discussion, and possible action and/or continuation to a future meeting by the Planning Board on request for Preliminary Plan Review of a Development Plan Review proposing the installation of a ground-mounted solar energy system.

 

Ms. Letendre reviewed that the application was continued for the purposes of an environmental study that was completed and reviewed by Ms. Oziolor with several considerations noted for the Board's review, particularly condition number two.

Attorney William Nardone was present on behalf of the applicant, Centrica Business Solutions, and the property owner. He said the Planning memorandum and the staff recommendation together with the narrative from DiPrete Engineering are quite comprehensive in how they addressed the subject matter and asked the Board if they had any questions.

Mr. Montesano asked where the interconnection point is for the system. Joseph Duhamel, project engineer with DiPrete Engineering, said it is at the front of Frontage Road at the site entrance.

Project Manager Charles Kovacic, of Centrica Business Solutions, explained the interconnection of the system. He clarified a typographical error in the project application and said there would be just under 1 megawatt of power generated. Ms. Letendre reminded the Board that the applicant requires a full decommissioning plan and a bond as a condition for the Special Use Permit. She said Centrica Business Solutions would post the bond if the property owner could not uphold the decommissioning plan. Mr. Montesano suggested the applicant remove the slats in the fence and create a black chain link fence for less visibility. Mr. Kovacic said they could do that. There was some further discussion on the landscaping plan. Some Board members and staff suggested using a native seed mix on the property. Ms. Harkin asked that the line of red cedar plantings around the perimeter be staggered to appear more natural. There was some discussion on the proximity of residences, existing threatened wildlife species, tree plantings, and a rectangular area on the property containing trees and ledge outlined by a proposed fence. The applicant said the fence line could be connected at a different point.

Atty. Nardone requested as a condition of approval that the Physical Alteration Permit (PAP) could be provided at the time of the Building Permit issuance and that the Final Plan may be administratively approved. Ms. Letendre said the PAP is for the curb cut and entry into roadway that is not the Department of Transportation’s purview. There were no objections to this request. There was no public comment on the application.

Mr. Lawlor made a motion to close the public hearing at 6:59 p.m. Mr. Constantine seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

There was discussion to modify condition four that the decommissioning plan will include Centrica Business Solutions as the responsible party to post the bond, and to add a condition that the fencing around the site will be small black diamond fence with poles around the perimeter of the property, with no slats, along the western boundary of the property and not the u-shaped graphic shown on the plan, and that condition three is that the PAP can be provided at the time of the issuance of the Building Permit, and that the fifth condition is that the Final Plan may be administratively approved. Ms. Letendre added that the second condition should state that a native seed mix is required when the applicant reseeds after solar panel installation and the red cedar buffer should be planted in a staggered fashion. Mr. Montesano made a motion to approve Planning Case 2020-DPR-10: Ledward Avenue Storage Units – Development Plan Review (61 Ledward Avenue | AP 68, Lot 48) with conditions as discussed at the Planning Board meeting. Mr. Lawlor seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

F. NEW BUSINESS

 

1.      None

 

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 October 12, 2021 to November 10, 2021:

 

·  Final Plan Approval - Riverhead Building Supply Renovation, 8 Oak Street | AP 47, Lot 139

 

2.      Comprehensive Plan Implementation Program Updates Review, discussion, and possible action on the projects and activities in implementation of the 2020-2040 Town of Westerly Comprehensive Community Plan.

 

· Aquifer Protection Overlay District (APOD) – Ms. Letendre reviewed that the Town Council meets Monday, November 22 and will discuss the APOD. Ms. Letendre welcomed Board members to attend. Mr. Montesano volunteered to be present for support.

 

· River Corridor Overlay District – Ms. Letendre shared that an RFP for writing a Westerly Ordinance is going out on Friday. She said that Wood Pawcatuck Watershed Association will fund and manage it for the technical benefit of the Town of Westerly and in return, the Town will cooperate by sharing their experiences with other municipalities.

 

· Downtown Redevelopment and Stormwater Management Project – Ms. Letendre reviewed that they are committing a lot of staff time to the project, and they have ten members of the Westerly team learning about green infrastructure. She said the Rhode Island DOT charter’s initial agreement is to start doing a hydrologic study and to gather information on an existing stormwater management system. Ms. Letendre said there is a person dedicated to compiling that information for Westerly.

 

· Route One Corridor Study and Regulations – Ms. Letendre shared that the project is ongoing as the contract was just signed early last week. She said there have been two meetings between the consultant and the Route One Corridor Committee (ROCC.) Mr. Hopkins, a ROCC member, thanked everyone for their participation, especially Economic Development Commission Chairman Jim Torres. Ms. Letendre reviewed that Town Council recently awarded $200,000 in American Rescue Plan Act (ARPA) funds, though the contract is for less money, however there is room in the budget for other possibilities. She said a schedule will be circulated to ROCC early next week and she expects for the Planning Board and the public to be brought into the project in late January.

 

3.      Development Project Status Report (updated 11/10/2021) – There was some brief and general conversation on some of the projects listed on the report.

 

H. CONFIRMATION OF QUORUM FOR NEXT REGULAR AND SPECIAL MEETING

 

1.      December 7, 2021 Special Meeting Members of the Planning Board are asked to notify the Administrative Officer if they will not be present at the next special meeting. The following topics are anticipated to be discussed:

 

· Capital Improvement Program (CIP)

 

2.      December 21, 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 anticipated to be discussed:

 

· Terranova Subdivision – 5 Berry Drive

 

I. ADJOURNMENT –

Mr. Lawlor made a motion to adjourn the meeting at 7:15 p.m. Mr. Constantine 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 TBA