Planning Board – Meeting Minutes
Tuesday, May 17, 2022 - 6:00 p.m.

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

 

A. CALL TO ORDER –

Mr. Lawlor called the meeting to order at 6:00 p.m.

 

B. ROLL CALL AND ATTENDANCE

 

Members present:           Secretary Christopher K. Lawlor, and Members Joseph M. Montesano, Andrew Delisio, Tabitha Harkin, and Kevin Lowther. Mr. Lowther arrived at the meeting at 6:17 p.m.

 

Members absent:             Chair Justin M. Hopkins, IV, Vice Chair Richard W. Constantine

 

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. Delisio made a motion to continue the April 19, 2022 Planning Board minutes to the June 7, 2022 meeting. Ms. Harkin 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 reviewed that agenda item F.2. 2021-DPR-07 - Pre-application & Request to Waive Development Plan Review – Watch Hill Fire District (9 Larkin Rd | Assessor’s Map 185, Lot 002A) was postponed at the request of the applicant and the Board will hear it on June 21.

Ms. Letendre also noted that Attorney William R. Landry submitted a letter of withdrawal dated May 12, 2022 for agenda item F.1. 2022-LMIH-01 – Pre-application & Request to Combine Master & Preliminary – Dakota Partners (107, 109 & 111 Wells Street, 51 Franklin Street | Assessor’s Map 87, Lots 146 & 147; Assessor’s Map 88, Lots 24 & 25.)

Mr. Montesano made a motion to accept the application withdrawal of Planning Case 2022-LMIH-01 – Pre-application & Request to Combine Master & Preliminary – Dakota Partners application. Mr. Delisio seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

E. OLD BUSINESS

 

1. 2020-MJLD-08 – Harbor Ridge (f/k/a Avondale Heights) (165 East Avenue | Assessor’s Map 107, Lot 57) Preliminary Plan Review Continuation from April 19, 2022. 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 that the Harbor Ridge public hearing was opened on April 19. There was extensive discussion on the engineering of the site. Ms. Letendre stated that the applicant has been responsive to the Board’s and Bryant Engineering’s recommendations, which were documented in a report marked Board’s Exhibit 1. She said seven specific items were discussed among the engineers and she noted them on page 2 of the memo.  

Attorney William Nardone was present on behalf of the application with project engineer Joseph Duhamel, of DiPrete Engineering, the applicant Douglas DiSimone, and landscape architect John Carter. Mr. Duhamel said they updated the plans to address the items mentioned at the April meeting, notably the site entrance and the design of the existing wall, which has a revised opening 70-feet wide. Mr. Duhamel said the project received approval from the Westerly Police. Mr. Montesano suggested the applicant create an inverse curve on the inside of the stone wall into the property where there could possibly be benches. There was discussion about how to execute this design with the existing stone wall. The site plan’s sheet 2 with example drawings by Mr. Montesano was marked Board’s Exhibit 2. Mr. Lowther arrived at the meeting at 6:17 p.m. Mr. Montesano suggested that in the motion a condition be included that the southern area be revegetated so that it looks like it as was. Mr. Duhamel asked the Board to reconsider the condition that a landscape architect be on site when clearing begins. Mr. Carter commented that during the early stages of a project, it is standard to have a preconstruction meeting but that does not necessarily mean that he will be there on site. He added that he has been to the site and identified the trees to protect. It was decided by the Board and applicant that the site would be marked every 100 feet in the 50-foot no cut buffer zone.

Tim Thomson, traffic engineer with Pare Corporation, shared the traffic study results. He said he reviewed crash data from the Westerly Police Department and determined there were no significant trends. He also investigated the sight distance at the proposed driveway. Mr. Lawlor shared concerns about summer traffic. Mr. Thomson said they did a trial last summer and did not observe a queue past the entrance.

The Board and staff discussed the details of the conditions of approval.

Charlotte Cottrell, of 175 East Avenue, said she shared a border with the property and asked if there would be a new utility line created there. Mr. Duhamel said there will be a sewer line that comes through the frontage of East Avenue and not along the shared border.  

There was some discussion on the location of test holes and that no ledge rock was found on the property.

Mr. Montesano made a motion to close the public hearing at 6:55 p.m. Mr. Delisio seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

Mr. Montesano made a motion that the Town of Westerly Planning Board approves, with conditions as discussed and revised during the May 17 public hearing, Application ‘2020-MJLD-08 – Preliminary Plan – Harbor Ridge (165 East Avenue | Assessor’s Map 107, Lot 57),’ in accordance with the application and supporting materials including the entire Set of Plans titled ‘Preliminary Plan Submission, Harbor Ridge, 165 East Avenue, Westerly, Rhode Island, Plat 107, Lot 57,’ revised May 2, 2022, prepared for Douglas Enterprises LTD, by DiPrete Engineering; Project Narrative, and Landscape Plans for Harbor Ridge, prepared by John C. Carter & Co., Inc., John Carter LA dated 10-6-2021, revised 2-8-2022 and 4-25-2022; together with all supplementary documents and reports, including the “Third-Party Engineering Review of Bryant Associates, dated April 2022. A copy of the revised staff memo noting the revisions to the conditions of approval was marked Board’s Exhibit 3. Ms. Harkin seconded the motion.

In discussion, Ms. Letendre noted that the requirement of a landscape architect on site in condition of approval 2 should be removed and Bryant Engineering and the Town Engineer shall inspect the installation of soil and erosion control measures prior to the issuance of building permits. The Board accepted the changes to the conditions. The motion CARRIED by unanimous vote with no abstentions.

 

F. NEW BUSINESS

 

1. 2022-LMIH-01 – Pre-application & Request to Combine Master & Preliminary – Dakota Partners (107, 109 & 111 Wells Street, 51 Franklin Street | Assessor’s Map 87, Lots 146 & 147; Assessor’s Map 88, Lots 24 & 25) Review and discussion of a proposed Comprehensive Permit Application. Review and discussion and possible action on a request to combine master and preliminary plan stages and/or continuation to a future meeting by the Planning Board for a proposed mixed-use development with 72 rental units (75% LMI) and mixed commercial/office.

 

This application was withdrawn. See Changes to Agenda.

 

2. 2021-DPR-07 - Pre-application & Request to Waive Development Plan Review – Watch Hill Fire District (9 Larkin Rd | Assessor’s Map 185, Lot 002A) Postponed at request of applicant until 6.21.2022 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.

 

            This application was postponed to June 21. See changes to the agenda.

 

3. 2018-MJLD-08 -Request for Reinstatement of Final Plan approval – Merchants Village II (21 Clark Street | Assessor’s Plat 86, Lot 62A-1) Review and discussion and possible action on a request to reinstate the Final Plan approval and/or continuation to a future meeting by the Planning Board for a 25-unit multi-family development.

 

            Ms. Letendre shared that this application was first reviewed in 2018. She said the project proposes four low and moderate income (LMI) units, one being handicap accessible, within a new 21-unit development. Attorney Thomas Liguori was present on behalf of the application and said there has been no change from the previously approved plan. He requested a reinstatement of approval with one change, as noted in a one-Page document marked Applicant’s Exhibit 1 submitted to the Board during the meeting.

Mr. Montesano made a motion to approve application 2018-MJLD-08 -Request for Reinstatement of Final Plan approval – Merchants Village II (21 Clark Street | Assessor’s Plat 86, Lot 62A-1) and added Applicant’s Exhibit 1 as finding of fact 6. Mr. Delisio seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

4. 2022-DPR-02 – Preliminary Plan – Starbucks (156 Granite Street | Assessor’s Map 77, Lot 395) Review, discussion, and possible action and/or continuation to a future meeting by the Planning Board on request for Development Plan approval for a proposed restaurant with drive-thru, 21 parking spaces.

 

            Professional engineer Jake Modestow, representing Starbucks, introduced the application. He explained that the applicant collaborated with Rhode Island Department of Transportation (RIDOT) and Town staff to orient the plans for the new proposed structure at the front of Granite and John Streets. He showed a photo dated May 11, 2022 of the plan that proposes 21 parking spaces, a 7-foot trash enclosure, and pedestrian connectivity in front of building. An entrance road to the site on John Street will be maintained with the hope that it could connect to other neighboring parcels in the future. Mr. Modestow described the lighting plan and the traffic circulation of the site. The exit onto Granite Street will be a right turn only. He requested the Granite Street entrance remain a two-way drive and any fence in the rear be on the business property. Mr. Modestow recommended vinyl or wooden fence. The Board recommended using a Cedar wood fence.

There was further discussion on the traffic flow to and from the site. Ms. Letendre noted that the intention of the Route 1 Corridor Plan is to remove parking from the street front and create better pedestrian access and sidewalks. She noted that the Architectural Review Board (ARB) also reviewed the plans and had similar questions about the drive-thru queue in the front of the proposed building. Mr. Montesano said the headlights of cars would face the opposite traffic and vegetation will cover in most areas but there are some existing voids in the plan. He suggested more screening on the extreme corner of John Street and Route 1. Mr. Modestow said he could continue the screening all the way to the sidewalk and the clearance bar to the entrance point. Mr. Montesano also asked for 3,000 K lights as a condition of approval. There was some discussion on the landscape plan. The Board asked for additional low plantings on the East side of the property.  

Further revisions to the conditions listed on page 8 of the staff memorandum included an amendment to condition 5 to include runoff collection of water from John Street at the corner of John and Granite Streets and the stop sign at the John Street exit, a bike rack, lighting changes, and wooden cedar fencing shall replace existing fence, landscape along Route 1 will be added to cover potential headlights in the drive-thru queue, low plantings will be added to the south property line, and condition 4 will be stricken from the record as the circulation directions are noted in the project plans.   

Mr. Montesano made a motion to approve the Starbucks application with the conditions as discussed and revised. Mr. Delisio seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

            Mr. Montesano made a motion to render a favorable recommendation to the Zoning Board on the merits of the proposed Starbucks application. Mr. Lowther seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

5. 2021-MJLD-03 – Master Plan Review – Cozi LLC Commercial Development (92-100 Granite Street | Assessor’s Map 67, Lot 275) Review, discussion, and possible action and/or continuation to a future meeting by the Planning Board on request for Master Plan approval for redevelopment of mixed commercial.

 

            Present on behalf of the application was Attorney William Nardone and project engineer Joseph Duhamel, of DiPrete Engineering. Mr. Duhamel described the existing site, which has three curb cuts along Granite Street and one along Tower Street. He said the proposal will reduce the Granite Street curb cuts to two. Existing Town sewer and water lines are available for the proposed uses. He said the existing easement is not found on the plan but it is there and in conformance with what is proposed. Mr. Duhamel said 72 parking spaces are planned, and 69 are required by the Zoning Ordinance. He said the design is like the 2016 plans that moved through the Final Plan stage. He said the intention of this applicant is to get approval and build with a focus on building number three as a priority.

Project architect Paul Azzinaro presented the architectural plans for the project. Mr. Montesano asked about ServePro equipment storage. Mr. Azzinaro said it would be as close to the building as possible, protected by a fence, and will not be seen from the Tower and Granite Street intersection. There was general concern from the Board members about the crowding of commercial vehicles. Mr. Montesano asked that a condition of approval be that all vehicles be able to fit in the designated spaces. There was discussion that the applicant keeps larger vehicles on the paved area parallel to Tower Street. The applicant agreed to these conditions. Mr. Duhamel noted the condition of removing non-native plants.  Condition 13 concerning public amenities will be addressed during the Preliminary Plan phase.

Mr. Montesano made a motion to approve the Cozi LLC development with conditions 1 though 12 amended as discussed and added a new condition 13 establishing a parking area for commercial vehicles that do not fit in a standard space on the northeastern area of the site that will stay as pervious surface. 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 April 12, 2022 to May 10, 2022:

 

• 2021-DPR-06 McDonald’s Reconfiguration (135 Granite Street) Final Plan

• 2022-LDP-01 Hakkinen Residence (299 South Woody Hill Road) Land Disturbance Permit

 

            Ms. Letendre gave a brief review of the administrative decisions. She said there are currently some land disturbance permit requests in the Planning Office.

 

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 said this project is on hold. The Planning Office is still collaborating with Wood-Pawcatuck Wild and Scenic Rivers and the National Park Service to write a model Ordinance, but it will be delayed until next year.  

• Downtown Redevelopment and Stormwater Management Project – Ms. Letendre said this project is moving along quickly and conceptual work is being created by Fuss and O’Neil. Funding is lined up for the project and there may be an opportunity for the Planning Board to review the project with Fuss and O’Neal and the Southern Rhode Island Conservation District (SRICD) in July. 

• Route One Corridor Study and Regulations – The Route 1 Corridor Committee (ROCC) has determined that they will focus on the plan and move it forward to public hearing for Town Council to include in the Comprehensive Plan Zoning provisions and other concepts for Zoning changes. A public engagement workshop is being planned for June 16.

• Westerly Marina Discussion – Ms. Letendre reviewed that an American Rescue Plan Act grant application has been submitted for this project.  

• Zoning Ordinance Revisions – Ms. Letendre said there is no new update, but Town staff will create a priority list of revisions to adopt.  

 

3. Development Project Status Report (updated 5/10/2022)

 

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

Atty. Levesque reviewed the recent bills introduced in the House intended to streamline the approval of affordable housing and assist municipalities in meeting their affordable housing goals.

 

 

I. CONFIRMATION OF QUORUM FOR NEXT REGULAR AND SPECIAL MEETING

 

1. June 7, 2022 Special Meeting – 6:00 p.m. Members of the Planning Board are asked to notify the Administrative Officer if they will not be present at the next special meeting.

• Joint meeting with the Economic Development Commission and work session with SRICD & Fuss & O’Neil on the Downtown Stormwater Project

• Discussion of draft annual report

• Status of Zoning Ordinance provisions

 

2. June 21, 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):

• 134 Main Street – Development Plan Review

• 2021-DPR-07 - Pre-application & Request to Waive Development Plan Review – Watch Hill Fire District

 

J. ADJOURNMENT –

Mr. Montesano made a motion to adjourn the meeting at 9:01 p.m. Mr. Lowther 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