Planning Board – Meeting Minutes
Tuesday, October 19, 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 were 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 6:02 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 Andrew Delisio and Kevin Lowther

 

Members absent:             Members Joseph M. Montesano and Auxiliary Member Tabitha Harkin

 

Staff present:                   Assistant Solicitor for Planning & Zoning Atty. Scott Levesque, Town Planner Nancy Letendre attended via Zoom, 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. September 21, 2021 Meeting – Mr. Lawlor made a motion to approve the September 21, 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.

 

E. OLD BUSINESS

 

1. 2021-DPR-04: Flynn Residence Addition – Development Plan Review (48-52 Bay Street | AP 179, Lot 102) Review, discussion, and possible action and/or continuation to a future meeting by the Planning Board on request for Development Plan Review of an addition to the rear of an existing residential building and additional renovations.

 

It was reviewed that the applicant requested to withdraw the application via a letter received from the project architect Paul Azzinaro, of Azzinaro Larson Architects, INC., Westerly.

Mr. Constantine made a motion to accept the withdrawal of the 2021-DPR-04: Flynn Residence Addition – Development Plan Review (48-52 Bay Street | AP 179, Lot 102) application without prejudice. Mr. Delisio seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

2. 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.

 

Ms. Oziolor shared that the applicant requested a continuance to the regular November meeting so they could fulfill the Planning Board’s September request for a Phase 2 environmental assessment of the project area and a written report. Ms. Oziolor mentioned that the applicant will have to return to the Zoning Board if they wish to appeal or change the condition that the front vegetative buffer be planted at 12 to 15 feet. She said that the Zoning Board chair and vice chair, along with the Zoning solicitor, issued this guidance in response to Planning Board’s suggestion that the applicant be able to shorten the height of the vegetative buffer.

Mr. Delisio made a motion to continue the 2020-DPR-10: Ledward Avenue Storage Units – Development Plan Review (61 Ledward Avenue | AP 68, Lot 48) application to the November 16 Planning Board meeting. Mr. Lowther seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

3. Aquifer Protection Overlay District (APOD) Review, discussion, and possible recommendation to the Town Council by the Planning Board on proposed amendments to the Aquifer Protection Overlay District (APOD) Ordinance.

 

Mr. Hopkins said Mr. Montesano was unavailable but has worked extensively on this topic. Ms. Oziolor updated the Board that the Zoning and Planning solicitors provided comments that have been incorporated into the Ordinance as the Board requested last month. Comments from contacts at the University of Rhode Island have also been outlined in the staff memo, Ms. Oziolor said. There was some clarifying discussion about the two Zones contained in the APOD; the wellhead protection zone and the aquifer protection zone. Ms. Oziolor presented a PowerPoint titled “The 2020-2040 Town of Westerly Comprehensive Community Plan Directive for Improved Aquifer Protection.” Mr. Lowther said action item NAT-1.1.E is already partially achieved via the Downtown stormwater project. Ms. Oziolor agreed that there are other ways that the Town is contributing to groundwater quality and that project is one of them. There were some minor corrections suggested by Mr. Constantine, who praised the content of the presentation and the report.

Mr. Lawlor read from Board’s Exhibit 1, a Planning staff memo to the Planning Board dated October 7, 2021 for the October 19, 2021 meeting that the Westerly Planning Board has reviewed the proposed amendments to the Aquifer Protection Overlay District (Westerly Zoning Code Section 260-52), as prepared and presented by Westerly legal counsel and the Department of Development Services. Mr. Lawlor made a motion that the Planning Board hereby recommends adoption of the proposed amendments (to the APOD) as presented, including all the Findings of Fact and the notes finding consistency with the 2020 Comprehensive Plan as detailed in Board’s Exhibit 1. Mr. Constantine seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

 

F. NEW BUSINESS

 

1. 2020-MJLD-10: 67 Tom Harvey Centrica Solar Facility – Preliminary Plan Review of Major Land Development (67 Tom Harvey Road | Assessor’s Plat 119, Lot 5A) Review, discussion, and possible action and/or continuation to a future meeting by the Planning Board on request for Preliminary Plan Review of a ground-mounted solar installation.

           

Ms. Oziolor noted that the application came for Master Plan approval in the past and it has since received Zoning Board approval. Their only concern at the Zoning Board and one of the conditions of approval was that the responsibility of the long-term care and decommissioning plan be understood. Ms. Oziolor mentioned that one condition of approval via the Town Engineer is also recommended to be added and is written in the Planning staff memo to the Board dated October 12, 2021 for the October 19, 2021 meeting.

            Present on behalf of the application was Attorney William Nardone and project engineer Sergio Cherenzia, principal of Cherenzia & Associates, LTD., Pawcatuck, Connecticut, as well as representatives from Centrica Business Solutions. Atty. Nardone reviewed that the applicant received favorable letters from the Federal Aviation Administration (FAA) and the Rhode Island Airport Corporation (RIAC) stating that the project is not an issue for the Westerly Airport. Mr. Cherenzia shared a map of the area and further described its location.

In discussion with Mr. Lawlor, Mr. Cherenzia said a seven-foot fence is required by code and will have a gap for wildlife passage and the height of the solar panels from the ground is eight feet. Mr. Lawlor suggested the applicant provide some screening on the fence on the southern side as the site is viewable from Tom Harvey Road. Charles Kovacic, project manager with Centrica Business Solutions, shared that the property owner is responsible for the maintenance of the facility. He said that Centrica Business Solutions is responsible for the first 10 years of the solar array maintenance and after that a subcontractor that the property owner chooses will be responsible. There was some discussion of plantings around the solar array. Mr. Kovacic shared that the property owner is responsible for decommissioning the solar arrays. Ms. Oziolor said a suggested condition of approval is that the applicant work with the Town Engineer on the stormwater management plan for the site.  Atty. Nardone asked the Board to consider that the Final Plan approval could be done administratively rather than coming back to the Board for another hearing.

There was clarifying discussion about the conditions of approval. It was stated by Mr. Cherenzia that there would not be battery storage on site and that the property has an interconnection agreement with National Grid in Rhode Island and all power goes through convertors and transformers from the solar arrays and back into the grid. Atty. Levesque restated the conditions of approval for the record; 1. A decommissioning bond will be required at the time the Solar Permit is issued by the Building Department and the owner of the property will be responsible for decommissioning, 2. The owner is responsible for the long-term maintenance of the infrastructure on the site as described by the applicant, 3. The applicant will create screening on the south side of the fence, and 4. The sediment trap area will be fill-in only after the stabilization of gradient areas is complete per the RIDEM approval modifications to the Soil Erosion and Sedimentation Control (SESC) plan may be made during construction provided it is in conformance with the SESC handbook and a redline copy is kept on site. Mr. Hopkins and Planning staff confirmed that the Final Plan may be approved administratively and that will be the fifth condition of approval.

            Mr. Lawlor made a motion to approve Application 2020-MJLD-10-Preliminary Plan-Centrica Solar Facility (67 Tom Harvey Road Assessor’s map 119, Lot 5A),” in accordance with the application and supporting materials including the entire Set of Plans titled ‘Centrica Solar Facility, Site Development Plans, 67 Tom Harvey Road (Road B Street), Plat 119, Lot 5A, westerly, Rhode Island,’ dated July 28, 2021, prepared for Centrica Business Solutions, prepared by Cherenzia & Associates, Ltd; and supporting materials with the five conditions mentioned by Atty. Levesque and Mr. Hopkins. Mr. Delisio seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

2. 2021-DPR-05: Riverhead Building Supply Renovation – Development Plan Review (8 Oak Street | AP 47, Lot 139) Review, discussion, and possible action and/or continuation to a future meeting by the Planning Board on request for Development Plan Review of a renovation to a commercial building supply facility.

 

            Ms. Oziolor explained that the business is doing renovations to the property, removing a shed, adding parking, and improving the lot circulation, and adding an underground stormwater infiltration basin for rainwater runoff from roof storage. She said that the Town Engineer has some questions about the long-term maintenance of the project but is willing to work with the applicant as a condition of approval if the Board would like to approve the application tonight. She stated that any modifications to the application will not likely affect the overall site plan.

Sam Kotch, who takes care of the Riverhead facilities in New England, was present on behalf of the application. Karen Beck with Principe Company, Inc., the project’s engineering firm, was present via Zoom but did not speak and was not asked questions. Ms. Oziolor said it looks like an overall improvement to the property and the Planning Office is pleased with the application submitted. She said some conditions of approval are included in the staff memo to the Board. Mr. Kotch said they did a lot of green scaping and took care of areas not even seen in the back of the building and want to improve the area for everyone and take care of the stormwater management. Mr. Kotch explained the layout of the site and landscaping to be added.

Mr. Constantine read into the record from the October 12, 2021 Planning staff memo to the Planning Board for the October 19, 2021 meeting that the Westerly Planning Board hereby approves, with conditions, Application ‘2021-DPR-05 – Preliminary & Final Plan – Riverhead Building Supply Renovation (8 Oak Street | Assessor’s Map 47, Lot 139),’ in accordance with the application and supporting materials, including Plans titled “Development Plan Review for #8 & #30 Oak Street, A.P. 47 Lots 139 & 140, in Westerly, Rhode Island,” Sheets 1 – 7, prepared for GX3 LLC, dated September 13, 2021, prepared by Principe Company, Inc, with conditions that the applicant works with the Town Engineer and that the final plan may be approved administratively. Mr. Delisio seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

3. APA Rhode Island Award Nomination Review, discussion, and possible action by the Planning Board on nominating the 2020-2040 Town of Westerly Comprehensive Community Plan for an Award for Excellent Plan through the American Planning Association Rhode Island Chapter.

 

            Ms. Letendre said every year the APA RI solicits nominations for their program. She and Ms. Oziolor recommended to the Board that they nominate Westerly’s 2020-2040 Comprehensive Community Plan for the Plan Excellence Award, highlighting the resiliency and the natural resource protection strategies. Ms. Letendre added that the Comp Plan has been recognized locally for its economic development strategies and this would be a great opportunity to highlight another aspect of the plan. Mr. Constantine agreed it is an appropriate thing to do and there was a lot of effort put into the report.

Mr. Lawlor made a motion that the Planning Board nominate the 2020-2040 Town of Westerly Comprehensive Community Plan for an Award for Excellent Plan through the American Planning Association Rhode Island Chapter. Mr. Delisio seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

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 14, 2021 to October 11, 2021:

 

• Extension of Final Plan Approval – Ground Solar Installation, 44 Frontage Road | AP 49, Lot 1

 

Ms. Oziolor said they are waiting to move forward until they also have the 20 Frontage Road application Final Approval, which is waiting for Planning Board review.

 

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

• River Corridor Overlay District

• Downtown Redevelopment and Stormwater Management Project

• Route One Corridor Study and Regulations

           

Ms. Letendre said this is a new agenda item to keep the Planning Board current on Comprehensive Plan actions. She said they are working with Wood-Pawcatuck Wild and Scenic Rivers to advertise an RFP to get a draft Ordinance for the river corridor. A Westerly Ordinance would then be used as a template for other communities. Ms. Letendre updated the Board that they will be using Southern New England Program (SNEP) technical assistance grant for trainings beginning in November. They continue to work with Rhode Island Department of Transportation (RIDOT) on green infrastructure and there is a verbal commitment from DOT to pursue the stormwater management and revitalization project on Main Street.  She reviewed that Economic Development Commission (EDC) Chairman Jim Torres presented to Town Council last night on behalf of the Route One Corridor Committee (ROCC) on a bid for the Route One corridor project RFP. The Council will meet Monday, October 25th to review and approve the award to a professional consulting firm.

 

3. Development Project Status Report (updated 10/13/2021)

There was some discussion on a property at Granite and Tower Streets whose approval had expired. Atty. Levesque said if there is something on site that needs to be remediated, the appropriate departments can get involved. He said he could speak with Ms. Letendre the next day about it.

 

H. CONFIRMATION OF QUORUM FOR NEXT REGULAR AND SPECIAL MEETING

 

1. November 2, 2021 Special 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:

• Trombino Family Farm Zoning Map Amendment | Review, discussion, and recommendation to Town Council for public hearing on November 8, 2021.

• Capital Improvement Program Introduction | Review and discuss the CIP, the Planning Board’s role and next steps/timeline.

• Minor Administrative Actions (i.e., setting meeting schedules for 2022)

 

2. November 16, 2021 Special & Regular Meeting Members of the Planning Board are asked to notify the Administrative Officer if they will not be present at the November meetings.

1. A Special Meeting (at 5:30 p.m.) allowing for the presentation of the Capital Improvement Program department requests will be made by Finance and Town Manager.

2. Regular meeting of the Planning Board at 6:00pm.

• 20 Frontage Road Solar

 

I. ADJOURNMENT –

Mr. Constantine made a motion to adjourn the meeting at 7:30 p.m. Mr. Delisio 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 November 16, 2021