Planning Board – Meeting Minutes
Tuesday, June 21, 2022 - 6:00 p.m.

Westerly Town Hall | Municipal Court Room 2^nd 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, and Kevin Lowther

 

Members absent:             Member Tabitha Harkin

 

Staff present:                   Assistant Solicitor for Planning & Zoning Atty. Scott Levesque, Town Planner Nancy Letendre, 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 19, 2022 Meeting – Mr. Lawlor made a motion to approve the April 19, 2022 Planning Board minutes as submitted. Mr. Constantine seconded the motion. Mr. Montesano abstained from voting as he was absent from that meeting. The motion CARRIED.

 

2. May 3, 2022 Special Meeting - Mr. Constantine made a motion to approve the May 3, 2022 Planning Board minutes as submitted. Mr. Montesano seconded the motion. Mr. Lowther abstained from voting as he was absent from that meeting. The motion CARRIED.

 

3. May 17, 2022 Meeting - Mr. Montesano made a motion to approve the May 17, 2022 Planning Board minutes as submitted. Mr. Lawlor seconded the motion. Mr. Hopkins and Mr. Constantine abstained from voting as they were absent from that meeting. The motion CARRIED.

 

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-07 - Pre-application & Request to Waive Development Plan Review – Watch Hill Fire District (9 Larkin Rd | Assessor’s Map 185, Lot 002A) Request for withdrawal Review and discussion and possible action on a request to waive development plan review and/or continuation to a future meeting by the Planning Board for replacement of an existing shed to include 2 ADA accessible bathrooms and an attendant office.

 

            Mr. Constantine made a motion to approve the Watch Hill Fire District’s request to withdraw the application. Mr. Delisio seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

F. NEW BUSINESS

 

1. 2022-ATC-02 – Birch Drive Road Abandonment (5 & 6 Birch Drive | Assessor’s Plat 117, Lots 110 & 1110 Review, discussion, and possible action on an advisory opinion to Town Council on a petition to abandon a 1,530 square foot portion of Birch Drive.

 

            Present on behalf of the application was Attorney Mark Berardo, an associate at the Law Office of Charles Soloveitzik, 2 Elm Street, along with Atty. Soloveitzik. Atty. Berardo read from a prepared presentation declaring that a small section at the northern end of Birch Drive has ceased to be used by the public or maintained by the Town and the applicants have a petition that the Town abandon that portion of land. It was explained that the area previously served as a parklet with natural vegetation and that the petitioners’ intent is to enhance the area. He said they have no desire to use it as roadway or sell it but wish to protect the neighborhood. He said the petitioners assert through the application that another neighbor, who clearcut the land, had no right to do that.

            There was discussion on the status of a newly built garage in the area. Mr. Montesano commented that the application appears to show a dispute between three neighbors. He recommended the Planning Board allow the request but create an easement for utilities to the garage on Birch Drive, otherwise utilities would need to connect from Babcock Road. He also suggested they allow neighbors to add landscaping to the area. Mr. Constantine questioned who is responsible for landscaping. Atty. Soloveitzik said they believe conditions for an easement can be established when the Town abandons the property, and that the Town cannot create an easement. Atty. Levesque contested that if the applicant is right that the Town does not own it then they cannot abandon it, so the applicant must agree that it is Town property, and the Planning Board must decide if it serves public use. Ms. Letendre noted that the recommendation needs to include the ownership of the portion after an easement is in place and who will maintain the parcel, and the Town may need an easement to pile snow during plowing.

Mr. Hopkins was concerned that some of the property owners involved were not present at the meeting. Ms. Letendre said all the abutting neighbors will be given notice when this is on the Town Council’s agenda. A motion was discussed that the Planning Board recommend to Town Council the granting of the applicant’s petition subject to an easement for utilities to 19 Babcock Road for existing electric, and proposed sewer and water, and that no driveway to 19 Babcock Road is allowed via Birch Drive if it would create a Zoning issue, and that an easement be created to allow the Town access to that section of Birch Drive for snow removal. The legality of easement creation was discussed. Atty. Levesque suggested the Town’s abandonment of the parcel be subject to the applicant having an easement agreement with the relevant neighbors. Ms. Letendre said she would draft the memo to the Town Council and have the Planning Board Chair and Vice Chair review and sign it before it is sent.

            Mr. Montesano made a motion that the Planning Board make an advisory opinion to the Town Council that the abandonment of the section of Birch Drive as laid out in the petition 2022-DPR-03 proceed subject to a signed agreement between the owners of 5 and 6 Birch Drive to allow for electrical, water, and sewer easements from Birch Drive to 19 Babcock Road, and there must also be an agreement on record that once the abandonment is done, the Town retain an easement to access Birch Drive for snow maintenance. Mr. Constantine seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

2. 2022-DPR -03  DPR Preliminary Plan (134 Main Street | Assessor’s Plat 66, Lot 46) Review and discussion and possible action on a development plan review and/or continuation to a future meeting by the Planning Board for the rebuild and new occupancy of a mixed-use structure.

           

            Attorney William Nardone was present on behalf of the applicants, Mark and Marie Van Cleve, both present, as well as project architect Thomas J. Taylor, to present an application for interior renovation on the property to consist of a first-floor bakery and café and second and third floor residential uses. The applicants explained that the School Street curb cut will be exit only. The Main Street curb cut will be for entrance only. They are planning outdoor seating at the front east of the property and will have screening for the neighbors. Landscaping is planned to increase privacy and reduce potential noise. Mr. Montesano said he was a glad to see a project at the property and suggested the applicant use 3,000 k soft lights. There was general discussion about the layout of the plans and bollard positions on the property to deter vehicles. Mr. Van Cleve said the business is limited to 22 people inside and there are five existing parking spaces, which is sufficient for the future café and they will add two required spaces for the upstairs apartments.

            Ms. Letendre noted that this plan is an example of encouraging walkability and green infrastructure in Westerly and she hopes other area businesses will collaborate with one another on parking solutions.

            Mr. Constantine made a motion that the Westerly Planning Board approve the 134 Main Street application with the condition that the applicants use LED fixtures at 3,000 k maximum in the lighting plan. Mr. Montesano 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 May 11, 2022 to June 14, 2022:

• 2022-ADM-02 (19 Thompson Avenue) AP 58, Lots 203A and 158A

 

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.

• Downtown Redevelopment and Stormwater Management Project – Ms. Letendre reminded the Board that Southern Rhode Island Conservation District (SRICD) will be at Westerly River Days on Sunday, June 26 from 10 a.m. to 4:30 p.m. to highlight Main Street’s green infrastructure projects.

• Route One Corridor Study and Regulations – Ms. Letendre said the June 16 public workshop on the Route One Corridor Plan had good attendance and it was reported that many attendees felt positive about the meeting.

 

3. Development Project Status Report (updated 6/14/2022) – Ms. Letendre said many projects are in construction phases now and 165 East Avenue has buyers for their planned units.

 

H. ASSISTANT SOLICITOR FOR PLANNING AND ZONING’S REPORT – There was no report.

 

I. CONFIRMATION OF QUORUM FOR NEXT MEETINGS

 

1. July 19, 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):

• Gabriele 2-lot Minor Subdivision  | 7 Robin Hollow Lane

• Trendsetter 3-lot Minor Subdivision | 32 Elm Street

• Venice Hotel Major Land Development Master Plan | 159-165 Shore Road

 

2. August 16, 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):

     

There was nothing to list to date.

 

J. ADJOURNMENT –

Mr. Montesano made a motion to adjourn the meeting at 7:28 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 July 19, 2022