Planning Board – Meeting Minutes
Tuesday, September 21, 2021 - 6:00 p.m.

(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.

Council Chambers

45 Broad Street | Second Floor
45 Broad Street, Westerly, RI 02891

 

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. August 31, 2021 Meeting – Mr. Constantine made a motion to approve the August 31, 2021 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 changes to the agenda.

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.

            Ms. Letendre said project architect Paul Azzinaro, principal of Azzinaro Larson Architects, Inc., Westerly, submitted a request for a continuance to the October 19 Planning Board meeting due to the staff recommendation to continue it as they await a formal response from Rhode Island Historic Preservation and Heritage Commission (RIHPHC) regarding their review of the application. Mr. Azzinaro said he would also like the opportunity to further review his plans. He added that his client will seek legal counsel to be present at the next meeting. Ms. Letendre said most interested parties on the application have received notice of the potential continuance. Mr. Azzinaro thanked the Planning Board and mentioned some new documents introduced in the application.

Mr. Montesano made a motion to continue 2021-DPR-04: Flynn Residence Addition – Development Plan Review (48-52 Bay Street | AP 179, Lot 102) to the October 19, 2021 Planning Board meeting. Mr. Lawlor seconded the 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.

Attorney William Nardone, of Orsinger, Nardone, Lallo, & Thomsen, 42 Granite Street, Westerly was present on behalf of the applicant. He reviewed that at the August 31 meeting they were asked to provide an environmental assessment and botanical review of the site, which they have since pursued and should be ready by early November. He requested a continuance to the regular November Planning Board meeting.  

Mr. Montesano made a motion to continue 2019-DPR-15: 20 Frontage Road Solar – Development Plan Review (20 Frontage Road | AP 39, Lot 36) to the November 16, 2021 Planning Board meeting. Mr. Constantine seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

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

            Ms. Oziolor shared that Planning staff must review the APOD again since they received comments from legal counsel and the Rhode Island Department of Environmental Management (RIDEM.) She said they will edit the document again and it will be on the October 19 Planning Board agenda for review before it goes to the Town Council.

F. NEW 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.

            Ms. Letendre reviewed some details of the application. She said they received comments from the Town Engineer about stormwater and environmental remediation in the time since the September 14 memo to the Planning Board was written. The staff’s recommendation after reviewing the comments is that there is insufficient information to decide on the application. Town Engineer Kyle Zalaski was not present at the meeting to provide more information. Ms. Oziolor said Mr. Zalaski felt that additional soil samples across the site are needed to determine the extent of the contamination. The Phase 3 may or may not be needed depending on what is discovered during the Phase 2 process. Mr. Montesano asked if they are concerned if information from the assessment would impact infiltration of groundwater on site. Ms. Oziolor said that all possible contaminants should be removed before site work begins, so contaminants are not leaching into stormwater features and infiltrating. The applicant has reviewed the Town Engineer’s comments.

Present on behalf of the application was Anthony Nenna, engineer and principal at On-Site Engineering, Inc., in Westerly, who prepared the submissions and drawings for the work, with landscape architect Rebecca Nolan. Mr. Nenna reviewed the details of the site, the location, and uses of it. He said they are proposing a mini storage facility on the property with solar panels on the rooftops and a small office building. He further reviewed the drainage and stormwater management plans for the site. Mr. Nenna said a key would be needed to enter and leave the site. He shared that the application received Architectural Review Board (ARB) approval and the applicant addressed their recommendations in this submittal. He reviewed that Zoning Variances were needed to submit the application. On January 14, 2021 the application received approval for a Special Use Permit and two Variances, one on the west side setback to a Residential Zone, which was supposed to be 65 feet and was reduced to 10 feet, and a rear yard set back approved at 15 feet instead of the required 25-foot setback. Ms. Letendre asked about signage for traffic circulation and Mr. Nenna responded that they would paint arrows on the site. He said they would provide two parking spaces with one being ADA (Americans with Disabilities Act) compliant. The office will have one bathroom to connect to the public sewer. There was further discussion on the access and egress of the site, the lighting plans for the project, and the potential for a rain garden for stormwater mitigation.

Ms. Nolan reviewed the details of the landscape plan. She said she attempted to maintain a residential feel with a mixed screen containing pine trees and evergreen shrubs. She said all the plants selected are native except for two species of evergreen trees which are both listed in the Town’s Land Development and Subdivision Regulations. Street trees were added to the entrances and a hedge is maintained on the western edge of the property. Ms. Nolan described a detention area in the middle of the site with a pollinator mix common in detention basins that will act like a rain garden and on the edge is a grass mix that would act as a biofilter for water runoff. She said this was planned to be more natural-looking and will be low-maintenance for the property owner. There is a similar detention mix in the rear, she said. Ms. Nolan explained that on the west and south side of the property is a grass mix of 40 percent grass to 60 percent wildflower. She noted that the ARB recommended a hedge planted at six feet that would grow to a height of 10 to 15 feet. She said the fence originally shown on the outside was pulled to the inside behind the vegetative buffer. Ms. Nolan pointed out that the gateway signage has perennial native plantings around it. Mr. Montesano expressed concern for a 15-foot-high hedge as it seems out of character for a neighborhood. Ms. Letendre said there was a great deal of discussion at the Zoning Board meeting, as well and the applicant is working with the difference between the ARB and Zoning Board requests. Mr. Nenna agreed with Mr. Montesano and reminded the Planning Board that the buildings will only be 8.5 feet high. Mr. Hopkins said he would prefer that the design be flipped so that the pollinator mix is street side due to pedestrian traffic and the potential scale of mixed buffer. Ms. Nolan said the five-foot low area is along the front edge and the trees will be set in about 15 feet. She explained that the fastest growing plants are along the outside. She said they will consider the Board’s suggestions within the constraints of the drainage plans. Ms. Nolan reiterated that the mixed grass buffer is acting as a biofilter from the water runoff from the parking lot. She clarified that cryptomeria and juniper plantings are in the front buffer and that there is five feet of buffer from the street to the plantings. There is no sidewalk on the street. Mr. Lawlor agreed that a 10- to 15-foot-high buffer is excessive. Mr. Nenna said the egress location was planned to prevent headlights from shining into nearby homes. He explained that lights would be mounted on buildings to illuminate each alleyway and believes it is the minimum lighting needed for safety. There was some further discussion on the lighting.

Atty. Levesque noted that the Zoning Board required the installation of the vegetative buffer at 12 to 15 feet height as part of a condition of approval, which puts the applicant in a position to seek a modification from the Zoning Board if the Planning Board requests something different. He said the most restrictive decision would have to be followed by the applicant and the Planning Board cannot overrule Zoning Board’s conditions of approval. Atty. Levesque confirmed that the Zoning Board can make that condition to mitigate the relief sought and any change would go to the Board’s chairman and the acting Zoning Official Cindy DiMaggio. Mr. Constantine said if the trees could be further south the contrast may be more attractive.

There was discussion on the environmental assessment requirements of the application that began at the Zoning Board hearings. Mr. Nenna said the areas of concern were primarily in front of the garage and the south end of the property where cars were parked over the years. There was more discussion on protecting the groundwater supply. Mr. Montesano said the Planning Board should not delay a project due to an environmental assessment. Mr. Constantine agreed if the applicant does additional testing and completes it. Mr. Lawlor said he would be inclined to continue the application until the results of a Phase 2 report are heard. Ms. Harkin agreed with Mr. Lawlor as the results of the environmental assessment may change the design. Mr. Nenna asked if they could have a conditional approval so that if the Phase 2 findings do not impact the design the applicant could move forward to the Final Plan phase. Atty. Levesque said the Preliminary Plan is the point at which all engineering work should be done by State law and the applicant should have it resolved as Final Plan is not intended to be that step in the process. Town staff’s recommendation was to require a Phase 2 environmental report and to continue the application. Ms. Letendre said the application did receive its curb cut approval today.

Mr. Constantine 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 October 19 Planning Board meeting. Mr. Lawlor seconded the motion. In discussion, he asked for clarification on the hedge height decision. Ms. Letendre said Planning staff will discuss this with the Zoning Board chairman and possibly write an amendment that they be planted at 6 feet and grow to 12 feet. The motion CARRIED with a 6 to 1 vote with Mr. Montesano voting no.  

 

2. 2021-RES-02 (National Community Planning Month – October 2021) Review, discussion, and possible action and/or continuation to a future meeting by the Planning Board on designating October 2021 as National Community Planning Month.

Ms. Letendre explained the purpose of the designation to recognize October as National Community Planning Month. She said it would be advertised on the Town Web site and bulletin boards.

Mr. Montesano made a motion to adopt the National Community Planning Month designation resolution. Ms. Harkin seconded the motion. The motion CARRIED by unanimous vote with no abstentions. Mr. Constantine asked that the Town Council be notified, and Ms. Letendre said she would place this on the Town Council correspondence list.

 

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 August 6, 2021 to September 13, 2021:

• Approval of Administrative Subdivision – Toscano Administrative Subdivision, 70, 70R, & 72 Ashaway Road | AP 38, Lots 17, 19 & 20

• Approval of Administrative Subdivision - Liguori Administrative Subdivision, 325 Post Road & 11 Piezzo Drive | AP 124, Lots 2k & 5

• Approval of Administrative Subdivision - Massachaug Administrative Subdivision, 15 & 19 Massachaug Road | AP 173, Lots 45B & 45C

• Approval of Administrative Subdivision – 25 & 27 Moriah Ave | AP 11, Lots 21 & 22

• Approval of Final Plan – Weekapaug Yacht Club, 23 Spray Rock Road | AP 158. Lot 2

2. Request for Proposals (RFP) for Route One Corridor

3. Letter from Administrative Officer RE: Town of Westerly 2021 Water Supply System Management Plan (WSSMP), Consistency with Comprehensive Plan

4. Endorsement by Administrative Officer RE: Westerly Housing Authority Environmental Review for HUD, Consistency with Zoning Provisions

5. Development Project Status Report (updated 9/13/2021)

Ms. Letendre said the administrative list is robust and the Planning Office could not have gotten through the work so quickly without Ms. Oziolor. She reviewed that the RFP deadline for ROCC is October 5 and there is $60,000 budgeted for these types of studies. Ms. Letendre said there was recent correspondence going to Town Council that indicates an additional $75,000 request to use American Rescue Plan funds for the study and another $250-500,000 to implement the work. She said this is a wonderful opportunity that does not happen often, and they can complete a lot of work.  There is another list of projects that Attorney Todd Romano will share with the Town Council on October 4, identified on the regulation implementation matrix shared with the Planning Board. Ms. Letendre said the aquifer protection overlay district (APOD) will go to Town Council after the Planning Board has reviewed the final draft. Ms. Letendre also noted the Town is partnering with Wood-Pawcatuck Wild and Scenic Stewardship Council and the National Park Service to draft a Pawcatuck River Corridor Overlay District, as they have funds to hire a consultant to help draft the Ordinance. The Downtown redevelopment is also coming up and will include stormwater management, traffic, use tables, housing, and historic district registrations to see if we need a designation. She asked the Planning Board to consider special meetings in November 2 and December 7. 

H. CONFIRMATION OF QUORUM FOR NEXT REGULAR AND SPECIAL MEETING

1. October 19, 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:

Future meeting dates were set for November 2, November 16, December 7, and December 21, 2021.

• 67 Tom Harvey Road Centrica Solar Facility – MJLD Preliminary Plan

• 8 Oak Street Redevelopment - DPR

I. ADJOURNMENT –

Mr. Lawlor made a motion to adjourn the Planning Board meeting at 7:25 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 October 19, 2021