Planning Board – Meeting Minutes
Tuesday, March 15, 2022 - 6:00 p.m.

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

(This meeting was held in person and via Zoom pursuant to Governor Daniel J. McKee’s

Executive Order 22-01, dated January 6, 2022)

 

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 Joseph M. Montesano, Andrew Delisio, and Tabitha Harkin

 

Members absent:             Kevin Lowther

 

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.      Mr. Lawlor made a motion to approve as submitted the February 15, 2022 Planning Board meeting minutes. Mr. Delisio seconded the motion. The motion CARRIED by unanimous vote with Mr. Constantine abstaining as he was absent from the February 15, 2022 meeting.

 

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.      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 introduced the application, briefly reviewing details of the plan. Attorney Nicholas Goodyear was present in Council Chambers on behalf of the applicant, Steve Vann, President of JSC Management, along with the landscape architect Rebecca Nolan. Project engineer Todd Markevicz was present via Zoom. Atty. Goodyear said significant revisions have been made to the plan since the last Planning meeting and include a traffic analysis, landscape plan, and discussion regarding circulation on the site. He explained that the applicant has taken ownership over several Burger King locations and is undergoing simultaneous renovations at several sites.

Mr. Montesano disclosed that he and Atty. Goodyear have had real estate discussions regarding a piece of property in Rhode Island and believes he can still objectively act on the application.

Mr. Markevicz reviewed some of the modifications made to the plan based on Planning Board and staff comments at the last meeting, screensharing the first site plan submitted and the revised plan to show the differences. Mr. Markevicz said the added double drive-thru lane was shifted twenty feet farther to the rear to allow better access to the drive-thru lane. The turn radius has also been increased to allow more space but does eliminate a tree. The new project design does retain two other existing trees on the site. He said the new plan eliminates more than 7,000 square feet of impervious surface. Mr. Markevicz said a traffic engineer reviewed the site and submitted a recommendation letter, which included specific signage.

Ms. Nolan reviewed the landscape plan. She said the site borders a retail business and a two-family property on the northwest and after discussion with the owners, they will create a vegetative buffer that did not exist before. She explained that many existing trees will remain on the site as part of the latest project revisions. She said the project has a large green area in the front to plant larger trees and suggested some native species, like Red Maple. She advised against using Flowering Pear Trees, which are invasive. Ms. Nolan further described the low maintenance bioretention area in the rear of the building and commented that a redevelopment project that removes parking lot and increases green space is very rare. She proposed that existing trees and shrubs around the building remain. Mr. Vann showed a photo of a pavilion style redesign of Burger King that they plan to do at the Westerly location. He said he moved to the Westerly area in September 2020, sharing his commitment to excellence and hopes to better service this community through the planned renovations.  

Ms. Letendre noted some staff comments about the revised plan. She said the current dumpster location has caused issues in the past for a prior owner, as there was poor maintenance and pest issues. She encouraged the applicant to address the need for a pedestrian pathway to encourage walkability on Route One and to consider pedestrian circulation on the site. She said the plan does not provide information on lighting, which is needed. Mr. Montesano echoed the need for site lighting information and asked if lighting will change. He said the project needs more work on the site circulation. He described potential changes to the circulation, while Mr. Markevicz shared on the screen a sketch with green edits that Mr. Montesano had submitted for discussion. Mr. Montesano suggested a one-way drive to enter the site and increasing the size of a new curbed landscaped island. He continued to explain suggested modifications to the plan, including new curbing on the straight drive-thru exit to force a right-hand turn. Mr. Lawlor agreed with the comments on curbing the exit. He also asked for a plan describing directional signage on the property. There was some discussion on plantings. Mr. Montesano asked the applicant to consider a small crosswalk on the main driveway for pedestrian access. Mr. Constantine agreed the applicant examine circulation again as it can be better planned, suggesting the need for a lane for cars to pass the drive-thru queue by possibly eliminating two more parking spaces next to the line. Mr. Delisio appreciated the project’s creation of more green space and said he was satisfied with the plan as it is. Ms. Harkin praised the creation of more green space, but she is concerned about the rain garden and would like the to retain more existing trees. She asked if the arborvitae buffer to the north could include other evergreen species. Ms. Nolan said it is a 10-foot-wide buffer and they could look at using a variety of evergreen species to diversify it.  

Atty. Goodyear responded to the Planning Board comments that the pedestrian circulation issues can be addressed but there is no immediate plan to update the existing lighting plan. He said many of the proposed changes are meant to maintain the current lighting. Atty. Goodyear expressed concern that the concept of changing the exit curbing may require further approvals by the Rhode Island Department of Transportation (RIDOT). He said that pushing both drive-thru lanes farther away from the restaurant is not as easy as imagined and is an expense. He suggested taking the Planning recommendations to the Zoning Board review and working on attaining an amendment to the Special Use Permit. Mr. Vann commented that the project is easily at about $200,000 worth of site work already and they generally spend $50,000 to $60,000 on a site renovation. He stated that the presented plan is improved from the initial submission and asked the Board to consider the economics of the changes. He asked to move forward to the Zoning Board with the recommendations for the pedestrian additions and the dumpster location change.

Mr. Montesano referenced his suggested circulation plan again, emphasizing that safety on the site is the most important and it should not cost more money. He reiterated that there should be a one-way entrance. Mr. Hopkins reminded everyone that they are in Development Plan Review (DPR) and the cost is a consideration but not the Board’s highest concern, asking the applicant not to discuss it again. Ms. Letendre told the applicant she understands the outcome is to get the application to Zoning review with a complete plan to meet Special Use Permit, but the Planning Office works closely with the Building and Zoning Departments and the Zoning Official has provided a written opinion, included in the packet. Ms. Letendre suggested to the applicant that they compromise on the plan by not relocating the dumpster but writing a protocol for trash removal to alleviate any concerns from neighbors, and to create an existing lighting plan. She said if something needs to happen with the curbing on the straight drive-thru lane exit, they may be able to create something subtle and bypass RIDOT. She informed the applicant that in the next year RIDOT will be doing a great deal of work on Route One, including sidewalks and repaving, and the applicant may be able to use this as an opportunity. She said the narrative description of signage leaves a lot of questions and the applicant needs a signage package for the Special Use Permit, so it is best to improve the language in the plan now. She was glad to hear the applicant is amenable to creating pedestrian access to the site and a crosswalk. She noted discussion tonight about suggestions for rerouting queues. Mr. Lawlor asked if the street sign with the Burger King logo will change, and Mr. Vann said that the sign will be changed with a new logo. Ms. Letendre volunteered to work with the applicant on the plan set to ensure it is ready next month.

Atty. Goodyear said he would like to move forward tonight with an approval with conditions as mentioned and update the plan as they move forward to the Zoning Board review. Mr. Hopkins said there is a risk of denying the application tonight if the Board votes and the Board encourages a continuation. Ms. Letendre repeated that she recommends taking a garbage protocol and sign package with new logos to the Zoning Board, but the Planning Department still needs to see a sign package with specific locations for the signs. She specified that the applicant must show a lighting plan for the site, even if it is simply removing the lighting plan layer from the existing conditions plan to ensure it meets performance standards. Ms. Letendre stated that an updated plan should also show the removal of the two parking spaces, as mentioned by Mr. Constantine, to allow for traffic flow and the inclusion of pedestrian access and crosswalks. Ms. Letendre said staff will work with the applicant to get things finished by April 12 so they can approve the application at the April 19 Planning Board meeting and proceed to the April 20 Zoning Board meeting.       

Mr. Delisio made a motion to approve the plan with the requirements of additional signage and a submitted lighting plan. The motion failed for lack of a second.

Mr. Lawlor made a motion to continue the 2022-DPR-01: Burger King – Development Plan Review application to the April 19, 2022 Planning Board meeting. Mr. Constantine seconded the motion. The motion CARRIED with a 5 to 1 vote with Mr. Delisio voting no.

The Board took a recess at 7:32 p.m. Mr. Hopkins called the meeting back to order at 7:40 p.m.

 

F. NEW BUSINESS

 

1.      2022-MNS/MJLD-01: Strafach Subdivision – Pre-Application Review for a Minor Subdivision and Major Land Development (62 Airport Road | AP 118, Lot 17) Review and discussion by the Planning Board on request for a Pre-Application Review of a Minor Subdivision and Major Land Development for proposed 3-lot subdivision of an industrial lot and proposed modifications to the existing development on Lot 17A, proposed development on Lot 17B, and conceptual development of Lot 17C.

 

Ms. Letendre gave an overview of the pre-application to repurpose an existing facility with an addition as well as create a new business model for one of the lots that is being created. She said the Zoning Official has provided a detailed opinion with respect to the three lots being created. She said they learned today that that there is solar being introduced once the lots are created and that would require two separate Special Use Permit applications as the lots will have separate metering.

Attorney William Nardone was present on behalf of the applicant, JT Holdings, LLC., along with the project’s structural engineer, Jeffrey Augeri. Atty. Nardone described the 3.7-acre property, which is on the corner of the access road to the Westerly Airport, and set to be divided into lots A, B, and C. He said a carport and solar panels are planned for the existing industrial building on lot A. New construction on lot B will include twelve commercial rental units and lot C will be reserved for future development or sale, he said. Atty. Nardone said no Zoning relief will be sought for the project. Mr. Augeri displayed an aerial view of the property. He explained that Lot C, which is the farthest east on the property, featured a potential building example but they have no plans for development at this point. He said a solar array is planned on lot A over the carport on the south side of the existing building. He explained that the commercial units planned for lot B will each have their own meter and all the solar power generated will go back into the grid. There was discussion about the location of access points to the existing and planned properties. Mr. Augeri said they anticipate a chain link fence will stay around the whole property and once the lot B building is constructed, they would install a fence between the two properties. He said lot C will stay wooded for now. He described a planned rain garden with a drainage system to the east of lot B’s building. Mr. Augeri said lot A is paved and they plan to create a lawn area and will ensure all three lots have some pervious space. There was some discussion on the need for the planned commercial buildings. Mr. Montesano asked for a landscape, architecture, and site lighting plan to be ready for the next meeting. Ms. Harkin said she supports creating more landscaping in lot A and is curious to see what they propose. She asked if welding would be an allowed use at the planned commercial rental units and Mr. Augeri said it should be.

Ms. Letendre commented that lot C appears to be sloped and may need some regrading for future development or to be used as parking. She said green infrastructure will be an integral part of the process and lot C may be needed as stormwater infrastructure. Mr. Augeri said they would like lots A and B to be stormwater management compliant without relying on lot C.

 

2.      2021-MNS-02: 58 Boombridge Road Major Subdivision – Preliminary and Final Plan Review (58 Boombridge Road | Assessor’s Map 11, Lot 6) Review, discussion, and possible action and/or continuation to a future meeting by the Planning Board on request for Major Subdivision for a Preliminary and Final Plan Review for proposed two-lot subdivision with multiple waivers for application materials.

 

Ms. Oziolor introduced the application. Attorney Kelly Fracassa was present via Zoom on behalf of the applicant, George and Marty Champlin, who were also with him. Atty. Fracassa presented details of the plan to subdivide the property into two-lots.

There were no comments from the Board. There was no public comment.

Planning staff reviewed that the two proposed conditions of approval include a modification to a previous condition of approval, that waivers granted are not valid for any future development on the site, and that the recorded plan needs to be signed and deeds executed before recording.

Mr. Lawlor made a motion to approve with conditions Planning Case 2021-MNS-02: 58 Boombridge Road Major Subdivision with the two conditions of approval as stated. Mr. Constantine seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

3.      2021-RES-01 (Fair Housing Month – April 2022) Discussion and possible action by the Planning Board on designating April 2022 as Fair Housing Month and directing the Planning Office to publicize the same.

 

Ms. Letendre reviewed that last year around this time they had a presentation about low and moderate income (LMI) housing and the Fair Housing Act of 1968. Last year the Planning Board passed a resolution to declare April 2021 as Fair Housing Month and asked Planning staff if the same could be requested of the Town Council for the following year. Ms. Letendre presented the Board with a draft resolution to declare April 2022 as Fair Housing Month and a draft letter and resolution to send to Town Council for their review and approval. She said at the Planning Board’s special meeting on April 5 the executive director of the Housing Network of Rhode Island will be present via Zoom. Ms. Letendre explained that the LMI Housing Commission just released a series of eleven bills that were sent to committee this evening, so the State is making improvements to system on their side. She said Westerly is trying to improve locally by looking at the Zoning provisions related to housing like inclusionary zoning, the comprehensive permit process, and affordable housing provisions. Ms. Letendre said today she received an email from Kent Washington Association of Realtors with a letter stating that they show support for the Planning Board’s fair housing resolution and are grateful for Board recognition of that and hope to continue to raise awareness on the issue and incentivize construction.

Mr. Montesano made a motion that the Planning Board authorize Mr. Hopkins and Mr. Constantine to send letters forward for the adoption of this resolution. Mr. Constantine seconded the motion. Mr. Montesano amended the motion to include that the Planning Board adopt the resolution and send the letter to Town Council for their consideration and adoption, as well. Mr. Constantine seconded the amended motion. The motion CARRIED by unanimous vote with no abstentions.

 

4.      Zoning Ordinance Revisions for Discussion The Planning Office will cover the reformatting of the dimensional table and use table (Attachment 10 & 11), Table of Zoning Map Amendments (Attachment 12) and APPENDIX G - Large Parcel Alternative Development (Attachment 7). The Planning Board will also discuss Cluster (260-46) and Planned Development (260-48 & 260-49).

 

Ms. Letendre noted that the Zoning dimensional regulation table can now be integrated into the text. The way the current one is organized you cannot compare from one Zone to another, you must move up and down. She said staff wants to eliminate redundancies that do not make sense and she showed an example from another State community that uses the same codification system as Westerly. There was some discussion on the use code categories. She said it will return to the Board with any changes and recommendations on the uses. Ms. Letendre reviewed that the definition section at the beginning of the Zoning Ordinance includes descriptions of some of the use codes. She said the definitions will be separated out from the use code definitions in the Ordinance. Mr. Constantine asked to see the original table highlighted with old items and a new table highlighted with the new items.

Staff noted in the maps section that the Appendix G list and map go together. Ms. Letendre said Item 263b refers to a list of properties recognized as potential multifamily housing. She said they are working to delete Appendix G. There was some discussion on any potential effects to parcels mentioned in Appendix G. Atty. Levesque said changing Zones requires public notice as it affects right, but this is not a Zone change. There was further discussion of the impact of deleting the excerpt.

Staff referenced Attachment 12, a table of Zoning map amendments, which does not provide details regarding conditions of such amendments. Ms. Oziolor is creating another table to eliminate the existing one. She explained that the Zoning map amendments need to remain in Planning data set in office so that the Zoning Office has the information when needed. There was a review of suggested changes to cluster development.

 

Mr. Montesano left the meeting at 9:11 p.m.

There was some discussion of planned resort facilities development in the Zoning Ordinance. Ms. Letendre said staff will write a list of any potential planned resort developments.

Mr. Lawlor made a motion as written on page 2 of the staff memo titled Zoning Ordinance Revisions – Authorization to Proceed Part 2 and dated March 10, 2022 for the March 15, 2022 meeting that the Westerly Planning Board hereby authorizes the Planning Office, with the assistance of legal counsel and the Zoning Official, to continue with revisions to the Working Draft of the Zoning Ordinance required for:

1.      Reformatting of the dimensional table (Attachment 10) 

2.      Reformatting of the use table (Attachment 11)

3.      Reformatting the relevant content in the following and removing them from the Ordinance.

a.      Table of Zoning Map Amendments (Attachment 12) 

b.      Section 260-63B & APPENDIX G - Large Parcel Alternative Development (Attachment 7).

4.      Removing Cluster Development as a development option (260-46)

5.      Removing Planned Development as a development option (260-48 & 260-49) Rezone pursuant to CP2020. See maps PUDs.

 

Staff is directed to include the proposed revisions in the Final Working Draft to be reviewed by the Planning Board in June of 2022.  Other ordinance revisions will be brought back to the Planning Board for further discussion during regularly scheduled Planning Board meetings, when the schedule of applications allows. Mr. Constantine 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 February 8, 2022 to March 7, 2022:

 

There were no administrative actions to discuss.

 

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 reviewed that there are amendments to a memo of agreement that they are hoping to get signed this week.

 

· Downtown Redevelopment and Stormwater Management Project – Staff shared that they are continuing the project and receiving inquiries about the efforts. A design concept for Main Street should be available in the next six weeks.

 

· Route One Corridor Study and Regulations – There was no further discussion.

 

· Westerly Marina Discussion –Ms. Letendre reviewed that the Economic Development Administration (EDA) grant application submission deadline is March 31. This grant seeks funds for the Westerly Marina site assessment costs and the costs of developing a Westerly job study. It is a joint effort between Town staff and the Economic Development Commission.

 

· Zoning Ordinance Revisions – There was no further discussion.

 

3.      Development Project Status Report (updated 3/7/2022)

 

H. ASSISTANT SOLICITOR FOR PLANNING AND ZONING’S REPORT

 

1.      Update on the status of House Bill 2022-H 7319 relating to State Affairs and Government – Open Meetings and the Governor’s Executive Order Allowing Remote Participation in Public Meetings – Atty. Levesque said that the ability to use Zoom for public meetings may expire on March 19 if the executive order is not renewed, and it is likely not to be renewed,but there is a bill under discussion to create hybrid meetings for municipalities through July 2023.

 

2.      Summary of update provided to the Town Council on 3/7/22 – Atty. Levesque said the Town Council is interested in developing a process to get unpermitted apartment units under Zoning enforcement. Ms. Letendre added that the Department of Development Services is working on the process. The Zoning Official and Town Planner are working on Zoning Ordinance revisions that may affect this issue. One suggestion is allowing 2 to 3-family dwelling units in an HDR-6 Zone to help bring units up to code and put them on the books. There was some brief general discussion on the topic.

 

I. CONFIRMATION OF QUORUM FOR NEXT REGULAR AND SPECIAL MEETING

 

1.      April 5, 2022 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:

 

· Low-and-Moderate Income Housing Discussion with Melina Lodge of Housing Network of RI/CHLT

 

· Review and discussion of residential development within the Downtown and Route One Corridors and proposed zoning provisions

 

2.      April 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):

 

· Harbor Ridge (165 East Avenue) – 20-unit condominium complex - Preliminary Plan Review

· Burger King (99 Franklin Street) DPR Continued for Decision

 

J. ADJOURNMENT –

Mr. Lawlor made a motion to adjourn the meeting at 9:32 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 April 19, 2022