Planning Board – Meeting Minutes
Tuesday, April 19, 2022 - 6:00 p.m.

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

 

A. CALL TO ORDER –

Mr. Hopkins called the meeting to order at 6:01 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, Kevin Lowther, and Tabitha Harkin

 

Members absent: Member Joseph M. Montesano

 

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. March 15, 2022 Meeting – Mr. Lawlor made a motion to approve the March 15, 2022 Planning Board meeting minutes as submitted. Mr. Delisio 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.

 

Ms. Letendre requested that the Board accommodate Item F.2. when Melina Lodge, the guest speaker for the night, arrives to the meeting, which may be before Item F.1. under new Business.  The Board agreed. 

 

E. OLD BUSINESS

 

1. 2022-DPR-01: Burger King – Development Plan Review (99 Franklin Street | AP 88, Lot 3) Review, discussion, and possible action and/or continuation to a future meeting by the Planning Board on request for Development Plan Review for a proposed double drive-thru facility and modification of existing parking at Burger King.

 

Ms. Letendre reviewed that some revisions and additional information from the Burger King application have been incorporated into the staff memo to the Board. She said a supplemental document was submitted separately and created based on today’s discussion about a bioretention basin for stormwater control in the far southwest corner of the area used for the drive thru. She asked that the Board allow her to advise them on language edits in the first listed condition of approval in the staff memo at the conclusion of the application’s review. Ms. Letendre shared that the main change to the application is that due to legal constraints of the applicant’s lease, they cannot remove the parking area to create increased pervious surface in the rear of the lot due to their lease limits ending just beyond the drive-thru lane.

Todd Markevicz, of APD Engineering, was present on behalf of the applicant along with landscape architect Rebecca Nolan. Mr. Markevicz detailed the lease limits that halted their green plans for the rear of the property. He said the plan’s revision includes the removal of the green space and the relocation of the double drive thru lanes. He further described the changes to the plan. Ms. Nolan shared the changed landscape plan that creates more greenspace in the front on Route 1 and the addition of a green island at the entrance. She said trees will be added to the island. Some plantings will be species of red cedar and black cedar and will be planted at a height of six feet. A perennial seed mix of deer resistant native plants will also be used on site. 

Mr. Lawlor asked for a review of the circulation referencing the first map that was displayed. Mr. Markevicz explained that there will be a one-way entrance from Route 1 as well as a one-way exit. The drive-thru will feature a choice to exit the site by turning left to the traffic light intersection or staying straight and making a right hand turn only onto Route 1. Mr. Constantine suggested a “do not block intersection” sign for the area where the drive-thru lanes cross over the parking lot intersection. Mr. Markevicz responded that the site may not see a consistent queue that would block the lane. There was discussion on the rationale for allowing two-way traffic adjacent to the building. Mr. Constantine suggested it be marked as one way. Mr. Markevicz explained that they wanted two-way traffic to allow parked cars to enter the drive-thru. Ms. Harkin asked questions about planned tree removal. Mr. Markevicz said a tree at the drive-thru turn radius will be removed to widen the turn. They are removing a red bud but replacing it with another red bud on the front island. The other two trees next to the drive thru area are red maples and will be removed and replaced with 3-inch caliper red maples; one will be replaced by a tree in the front center island, and one will be placed in a rear garden area. Ms. Harkin noted she was disappointed to see the change in the plans to eliminate impervious area. It was discussed that the Town Engineer Kyle Zalaski reviewed the applicant’s plans for a bioretention basin. Ms. Letendre noted that as a modification to the application’s first condition of approval, staff requests any revision to stormwater management and maintenance plan be reviewed by the Town Engineer.

Mr. Lawlor made a motion that the Westerly Planning Board approve the Burger King application with the following conditions: 1. Stormwater runoff from the rear parking area and drive-thru shall be treated using green infrastructure (e.g., swale) or other device that will capture sediment, debris, and trash prior to discharging to the wooded area to the south.  Revisions to the stormwater management and maintenance plan shall be approved by the Town Engineer. 2. The existing triangular landscape island shall be expanded/reshaped to remove the two existing parking spaces and better direct the drive-thru traffic lanes in place of striping shown on plans. The travel-way to the northwest (rear) of the existing triangular island shall be one-way toward the rear of the site. 3. Stronger horizontal striping is needed for the EFIS (Exterior Finish Insulation System), or stucco exterior wall finish, to create a more appealing architectural feature (recommended by the ARB). 4. The Applicant must seek and receive the necessary dimensional variances and special use permit from the Zoning Board of Review. 5. The Applicant must seek and receive the necessary sign permits. 6. Prior to the issuance of a Certificate of Occupancy, the applicant shall apply for final plan approval by the Administrative Officer/Town Planner. Mr. Delisio seconded the motion. Ms. Oziolor commented that the Board may want to consider editing condition 2 as the applicant indicated that curb changes would prohibit truck access on the site. Mr. Lawlor made a motion to amend the Burger King approval motion by removing from condition number 2 language that “the existing triangular landscape island shall be expanded/reshaped to remove the two existing parking spaces and better direct the drive-thru traffic lanes in place of striping shown on plans.” Mr. Delisio seconded the amended motion. The motion CARRIED by unanimous vote with no abstentions. 

Mr. Lawlor made a motion that the Westerly Planning Board renders a favorable recommendation to the Zoning Board on the merits of the proposed redevelopment in accordance with the application and supporting materials, including Plans titled “Site Development Plans for Burger King, 99 Franklin Street, Westerly, RI 02891,” including eleven (11) sheets, dated May 11, 2020, last revised March 31, 2022, prepared by APD Engineering & Architecture, and Landscaping Plans titled “Landscape Design Prepared For Burger King, 99 Franklin Street, Westerly, Rhode Island, JSC Management Group,” including four (4) sheet, dated March 4, 2022, prepared by Rebecca Marie Nolan, RLA. The Planning Board advises that the granting of the requested special use permit and variance would be in keeping with the general character of the area and with these conditions encourages safe circulation of vehicles and pedestrians both on and off the site. 1. The travel-way to the northwest (rear) of the existing triangular island shall be one-way toward the rear of the site. The relief requested is also consistent with the Comprehensive Plan as it seeks to promote the economic use of land without adversely affecting the environment and promotes redevelopment within the urban services boundary. Mr. Constantine seconded the motion. The motion CARRIED by unanimous vote with no abstentions. 

Mr. Lawlor made a motion to move agenda item F.2. Housing Network of RI presentation to be the next discussion. Mr. Constantine seconded the motion. The motion CARRIED by unanimous vote with no abstentions. 

 

F. NEW BUSINESS

 

1. Housing Network of Rhode Island/Community Housing Land Trust of RI Presentation by Melina Lodge, Executive Director of Housing Network of Rhode Island/Community Housing Land Trust of RI, regarding low-and-moderate-income (LMI) housing and the role of monitoring agencies in Rhode Island. Planning Board Q & A.

 

Ms. Lodge presented information on LMI housing in Rhode Island. She provided an explanation of the comprehensive permit process. Ms. Lodge’s presentation also explained how LMI and area median income (AMI) numbers are calculated. There was extensive discussion on the various components of housing in Rhode Island.

Ed Marolda, of 40 Elm Street, commented on LMI housing calculations and the affordability of housing. 

 

2. 2020-MJLD-08 – Harbor Ridge (f/k/a Avondale Heights) (165 East Avenue | Assessor’s Map 107, Lot 57) Preliminary Plan Review Review, discussion, and possible action and/or continuation to a future meeting by the Planning Board on request for Preliminary Plan approval for a proposed 20-unit condominium development.

 

Ms. Letendre reviewed the details of the application and said the third-party engineer review that was requested by the Board was completed by Bryant Associates. Comments from their report are summarized in the memo. Todd Brayton, of Bryant Associates, Lincoln, Rhode Island, was present. Ms. Letendre reviewed that she also had a written opinion from the Town Engineer.

Project engineer Joe Duhamel, of DiPrete Engineering Associates, 2 Stafford Court, Cranston, and Attorney William Nardone, with offices at 42 Granite Street, were both present on behalf of the applicant. Atty. Nardone introduced Mr. Duhamel to review the engineering aspects of the project. The 20-unit condominium development will have ten buildings and a private roadway, which the Town Engineer has approved as Blue Heron Drive. Mr. Duhamel shared the site plans to the Board, confirming that the project has received the necessary State permits. He reviewed the stormwater management plan. There was extensive discussion on the details of the site plan. The Board and staff requested that landscape architect John Carter’s Sheet 2 would be modified to show the site’s distance from the main curb cut entrance. Ms. Letendre requested the applicant note in an amended plan how wide the opening is from wall to wall and how wide it will be when the applicant changes it to curve with the sidewalk and the entrance. Mr. Duhamel said he could add this to an amended plan before May 17 and it will be reviewed again by the Westerly Police Chief. The applicant also agreed to provide a detailed narrative in the application on how stones from the historic wall will be moved and reused on the site. There was some additional discussion on the memos from Bryant Associate’s engineering review of the project, including drilling on site.

Ms. Letendre said the Planning Office will retain an engineer to review the site inspections during construction. She noted that the Bryant Associates review stated that one of the conditions of approval from a previous phase was that sediment control inspections be completed by an outside engineer. The requirement will be an inspection every seven calendar days and 24 hours within a rainfall of 2.5 inches or more. There was additional general discussion on the application’s stormwater control plans. There was no public comment.

Mr. Lawlor made a motion to continue the Harbor Ridge agenda item to the next regular Planning Board meeting on May 17. Ms. Harkin 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 March 8, 2022 to April 11, 2022:

 

• Final Plan Approval – Terranova Minor Subdivision – 5 Berry Drive & 3 Pine Terrace (AP 19, Lot 44D & AP 19, Lot 41-1)

• Final Plan Amendment Exemption – Former Turano Morris Salon – 8 Franklin Street (AP 77, Lot 403)

 

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.

 

• River Corridor Overlay District – Ms. Letendre stated staff is waiting for Town Council to approve the Memorandum of Agreement with Wild and Scenic Stewardship Council, and that the ordinance drafting may need to be postponed.

• Downtown Redevelopment and Stormwater Management Project – Ms. Letendre shared that there is a Downtown event planned for the weekend of June 25 that will be an opportunity to highlight this project.

• Route One Corridor Study and Regulations – There will be a joint meeting with the EDC on May 3 at 5:30 p.m. Consultants from Weston and Sampson will present the results of a recent study. Each Planning Board member received some post cards about the Route 1 corridor survey to distribute.

• Westerly Marina Discussion – Ms. Letendre reviewed that they are still waiting to hear if they will be awarded grant funding.

• Zoning Ordinance Revisions – Ms. Letendre shared that staff is continuing to study possible revisions. 

 

3. Development Project Status Report (updated 4/11/2022) – There was no additional discussion.

 

H. ASSISTANT SOLICITOR FOR PLANNING AND ZONING’S REPORT –

Atty. Levesque reviewed the recent history of the Bradford School agenda item that the Board heard at April’s special meeting. He said the Town Council did vote on April 11 to sell the property, which they have the right to do despite having a Planning Board recommendation. Atty Levesque explained that the January 10^th request of the Town Council was withdrawn prior to the January Board meeting, then reinstated by a request in March.  Mr. Hopkins noted that local newspaper reporting of the topic insinuated that the Planning Board failed to respond in a timely manner, which was not the case.

 

I. CONFIRMATION OF QUORUM FOR NEXT REGULAR AND SPECIAL MEETING

 

1.      May 3, 2022 Special Meeting – 5:30 p.m. - Joint meeting with the Economic Development Commission and work session with Weston & Sampson on the Route One Corridor Plan. Members of the Planning Board are asked to notify the Administrative Officer if they will not be present at the next special meeting.

 

Mr. Lowther said he would be absent.

 

2.      May 17, 2022 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 (pending completeness review):

• Multi-family Residential - 111 Wells Street – Pre-application

• Merchants Village II – 21 Clark Street – Reinstatement of Final Plan

• Cozi, LLC Commercial Development - 92-100 Granite Street – Master Plan of a MJLD

• Proposed Starbucks – 156 Granite Street – DPR

 

Mr. Constantine said he would be absent.

 

J. ADJOURNMENT –

Mr. Lawlor made a motion to adjourn the meeting at 9:13 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 June 21, 2022