Planning Board – Meeting Minutes
Tuesday, September 20, 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 6:00 p.m.

 

B. ROLL CALL AND ATTENDANCE

 

Members present:           Chair Justin M. Hopkins, IV, Vice Chair Richard W. Constantine, and Members Joseph M. Montesano, Andrew Delisio, Kevin Lowther, and Auxiliary Member Karen Lentz Madison

 

Members absent:             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. August 16, 2022 – Mr. Constantine asked Atty. Levesque to restate the notes at the end of the solicitor’s report as they appeared inaccurate. Atty. Levesque said that the State statute changed so the Board no longer requires a majority of the membership to approve an application, but a majority of the Board members present is sufficient. A quorum of the Board is four members. Mr. Constantine made a motion to approve the August 16, 2022 Planning Board meeting minutes with the corrections to the solicitor’s report as stated by Atty. Levesque. Mr. Montesano seconded the motion. The motion CARRIED with an abstention by Mr. Lowther.

 

D. CHANGES TO THE AGENDA

 

Mr. Hopkins reviewed that the Board would like Atty. Levesque to add to the Solicitor’s Report a review of Saturday’s Town Council meeting regarding the Winn Properties application.

            Mr. Hopkins noted that agenda item E.1. Route 1 Corridor Plan should also be discussed after agenda item F. 3. Mr. Montesano made a motion to change the Planning Board agenda to accommodate the changes as stated by Mr. Hopkins. Mr. Constantine second the motion. The motion CARRIED by unanimous vote with no abstentions.

 

E. NEW BUSINESS

 

1. 2022-ATC-05: 16 Post Road Zoning Map & Text Amendment (Assessor’s Map 99, Lot 3A) Review, discussion, and possible action and/or continuation to a future meeting by the Planning Board on amending the Zoning Map to change 16 Post Road from Highway Commercial (HC) to General Commercial (GC) and amending the Zoning Ordinance to define parking requirements for mini-storage.

 

Attorney Thomas Liguori, 85 Beach Street, Westerly was present on behalf of the application, along with project engineer Sergio Cherenzia, principal of Cherenzia & Associates, LTD., 99 Mechanic Street, Pawcatuck. Atty. Liguori reviewed that there are two elements to the application; one to rezone the property from Highway Commercial (HC) to General Commercial (GC), and to apply for a Special Use Permit (SUP) as mini storage is not permitted in HC and only permitted in GC Zone by SUP.  He added that this application will also be reviewed by Town Council for the Zone change with the text amendment requiring 17 parking spaces. The current proposal plans for 19 parking spaces. Mr. Cherenzia showed the plans to the Board. Atty. Liguori noted the recommendations received from the Zoning Official and the Town Planner with references to how the project is consistent with the Comprehensive Plan.

Mr. Montesano said it is a perfect use for the site and the project proposal is good. There was discussion about the regulatory process of the application and why the applicant chose not to file a use Variance instead. Ms. Letendre said she is a fan of the parking analysis done as part of this application and looks forward to learning more about it. Atty. Liguori said there is no change in the existing deed easement on the property and a Zone change will not affect it. Ms. Letendre reviewed that the Zoning Official did not see a need to add a definition of mini storage in the parking use table.  

Mr. Montesano made a motion that the Westerly Planning Board hereby renders a favorable recommendation to the Town Council on granting the requested Zoning map amendment for 16 Post Road, changing its zoning designation from Highway Commercial to General Commercial and the text amendment to include a separate parking calculation for ministorage in Section 260-77A ‘Off-street parking’ to make a favorable recommendation to Town Council on granting a Zoning map text amendment with the findings of fact as written in the Planning staff memorandum dated September 7, 2022 for the September 20, 2022 meeting. Mr. Constantine seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

2. 2022-DPR-05: Larkin Parking Lot Revision (9 Larkin Road | Assessor’s Map 185, Lot 2A) Review, discussion, and possible action and/or continuation to a future meeting by the Planning Board on a development plan review for replacement of an existing shed to include 2 ADA accessible bathrooms and an attendant office.

 

Present on behalf of the application was project engineer Sergio Cherenzia, principal of Cherenzia & Associates, LTD., 99 Mechanic Street, Pawcatuck. He introduced the application he said was prepared with some assistance from the Watch Hill Fire District (WHFD). Project architect Paul Azzinaro was also present and showed the architectural drawings.

Barbara Nolton, deputy moderator for WHFD, was present at the meeting and said the applicant has been stuck with using port o potties and this project proposes a permanent structure that has the facilities and storage space that is needed. She said the project will be available to the public and not affect any parking on Larkin Road. Mr. Cherenzia explained there were some minor changes made to the dimensions since the application was submitted and they may possibly shift the building closer to one of the guard gates. He submitted a two-page modified document to Planning staff, which was marked Applicant’s Exhibit A.

Mr. Montesano suggested a condition of approval that the minor modifications to the building location be administratively handled. Mr. Montesano made a motion that the Westerly Planning Board hereby approves Application ‘2022-DPR-05 – Larkin Road Parking –Development Plan Review - (9 Larkin Road | Assessor’s Map 185, Lot 2A)’ in accordance with the application and supporting materials, including Plans titled “Site Plan to Support OWTS Application, Larkin Parking Lot, 9 Larkin Road, Map 185, Lot 2A, Westerly, Rhode Island," Sheet C-1, dated April 14, 2022, last revised August 15, 2022, prepared by Cherenzia & Associates, Ltd. with the condition that any minor modifications to the building location be administratively handled. The motion includes a list of findings of fact as written in the Planning staff memo to the Planning Board dated September 7, 2022 for the September 20, 2022 meeting. Mr. Delisio seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

3. 2022-DPR-04: Westerly Museum of American Impressionism (79 Watch Hill Road | Assessor’s Map 137, Lot 24) Review, discussion, and possible action and/or continuation to a future meeting by the Planning Board on a development plan review for renovation of an existing nursing home and rehabilitation facility building to create an art museum at 79 Watch Hill Road.

 

Ms. Letendre reviewed that the application is for development plan review (DPR) and requires an advisory opinion from the Planning Board to the Zoning Board for a Special Use Permit. She said it is a reuse of an existing building to construct an art museum and staff has few concerns. The Architectural Review Board (ARB) made suggestions which have been incorporated into the final plan, she said. Present on behalf of the application was Attorney William Nardone, with offices at 42 Granite Street, the applicant Cynthia Sculco, project engineer Anthony Nenna, and project architect Justin Hedde. Tupelo Designs landscape architects were also present. Atty. Nardone described the property and Zone. He said the Special Use Permit has been applied for and a hearing is scheduled. Mr. Nenna reviewed the existing site and the proposed changes, highlighting the major site improvements. He said the plan will remove a significant amount of impervious area. He described the reduction of the three existing curb cuts to two, which will improve sight lines. The site will use public water and on-site septic. Underground electricity is generated on site in the same location. The main entry way will be widened for two-way traffic. The last curb cut will be narrowed and used as entry for the rear of the property. A grass meadow will replace the front paved area. Mr. Hedde reviewed the existing and proposed architectural plans for the project along with a review of the lighting plan. Mr. Delisio said it is an outstanding use for the property. Mr. Montesano asked what the height of the light posts would be in the parking area. Mr. Hedde said he believes they will be 12 feet high, but he must double check. He confirmed they would be dark sky compliant and not more than 3,000 K. Mr. Lowther commended the application for including the aesthetics of the river in the design plan. He asked for more details on the use of water in the landscape plan.

Katherine Weaver, principal of Tupelo Design Studio, said the meadows require little maintenance past their initial germination. They will use seasonal rainfall with the possibility of some temporary overhead irrigation at times. Mr. Hopkins asked if there is anything that will affect overall layout or structure of the building. Mr. Hedde said they have done a thorough use analysis and believe the building can handle the utilities and infrastructure. He said there is a dedicated outdoor air system to the left of the building. There was a review of the ARB memo to the Planning Board. It was said that the “symphony blue” color was chosen for the building as a prominent façade and the site has little signage, so the color will make it a landmark.

Mr. Montesano made a motion that the Westerly Planning Board hereby approves, with conditions, Application ‘2022-DPR-04 – Preliminary Plan – Westerly Museum of American Impressionism (79 Watch Hill Road | Assessor’s Map 137, Lot 24),’ in accordance with the application and supporting materials, including Plans titled ‘Westerly Museum of American Impressionism, Architectural Review Board Submission, 79 Watch Hill Road, Westerly, RI 02891,’ dated July 6, 2022, including 4 information sheets, 6 civil sheets, 3 landscape sheets, and 5 architectural sheets, prepared by Centerbrook Architects and Planners, LLP, On-Site Engineering, Inc., and Tupelo Design Studio, Ltd. Mr. Constantine seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

Mr. Montesano made a motion that the Westerly Planning Board render 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 ‘Westerly Museum of American Impressionism, Architectural Review Board Submission, 79 Watch Hill Road, Westerly, RI 02891,’ dated July 6, 2022, including 4 information sheets, 6 civil sheets, 3 landscape sheets, and 5 architectural sheets, prepared by Centerbrook Architects and Planners, LLP, On-Site Engineering, Inc., and Tupelo Design Studio, Ltd. The Planning Board advises that the granting of the requested special use permit requested would be in keeping with the general character of the area and encourages safe circulation of vehicles and pedestrians both on and off the site. The proposal is consistent with the Comprehensive Plan as it seeks to promote the economic re-use of underutilized land and promotes redevelopment within the urban services boundary with no adverse effect on the environment. Mr. Constantine seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

4. Route 1 Corridor Plan Review and discussion by the Planning Board on the Route 1 Corridor Plan and changes to the Comprehensive Plan, and recommendation/request to the Town Council.

 

Mr. Constantine said he is in favor of endorsing the plan. Mr. Delisio said the mini storage application tonight had a lot to do with the Route 1 plan and endorsing this plan would help guide future development plans along the corridor. He said the implementation of the plan will be more difficult than endorsing it, but it is a great idea. Mr. Lowther said the plan provides a clear checklist for the future. He added that many of the studies referenced in the plan were not linked in the document and he would like to see those as part of the report. Mr. Lowther said that also missing from the report was discussion of neighborhood groups and the need for clarity on how community groups can interface with the plan. Ms. Letendre noted that public engagement informed the content of the Route 1 document and a desire to continue involving the public in the process. Mr. Hopkins reviewed discussion in Route One Corridor Committee (ROCC) on that subject. Board members commended everyone involved in the plan for their efforts.

Mr. Constantine made a motion that the Westerly Planning Board hereby approves the Route One Corridor Report, prepared by Weston & Sampson and dated August 2022, as the strategic plan for redevelopment of this prominent commercial corridor. The Planning Board finds the Corridor Plan is consistent with the 2020-2040 Comprehensive Plan and has been undertaken as implementation of Action Item ECON 1.2.F. ‘Support the development and implementation of a strategy for commercial corridors that clearly articulate the town’s vision and attracts investors and commercial businesses to these areas.’ The Planning Board recommends to the Town Council a resolution endorsing the Route 1 Corridor Plan and authorizing the Planning Board to move forward with implementation of the Plan. Mr. Delisio seconded the motion. In discussion, Mr. Hopkins asked staff to edit the plan by adding an index or referencing studies as Mr. Lowther suggested. The motion CARRIED by unanimous vote with no abstentions.  

 

4. Annual Report and Discussion of Priorities for 2023 Review, discussion, and continuation to a future meeting by the Planning Board on the Planning Board 2021 Annual Report.

 

Ms. Letendre reviewed that the annual report in front of Board is an 18-month report but will be created on a fiscal year basis in the future. Staff created a draft report for the Board’s review and they discussed highlights from parts one through three. Ms. Letendre said the fourth part will be discussed in at the meeting October. There was general discussion on the content of the report and recent State changes to affordable housing. They reviewed a task priority list. Mr. Hopkins commented on the recommendation process of the Planning Board to the Town Council. Ms. Letendre suggested the Planning Board take opportunity to provide an in person presentation of the annual report at a meeting with the new Town Council.  

 

5. Election of Officers Review, discussion, and possible action by the Planning Board on electing a Chairman, Vice Chairman, and Secretary for the Planning Board.

 

Atty. Levesque invited nominations for the chair of the Board. Mr. Constantine nominated Mr. Hopkins to remain as Planning Board chair. Mr. Montesano seconded the nomination. Mr. Constantine made a motion to appoint Mr. Hopkins as chairman of the Board. Mr. Montesano seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

Mr. Montesano nominated Mr. Constantine to remain as vice chair of the Board. Mr. Delisio seconded the nomination. Mr. Montesano made a motion to elect Mr. Constantine as vice chair of the Planning Board. Mr. Delisio seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

Mr. Montesano nominated Mr. Delisio as secretary of the Planning Board. Mr. Lowther seconded the motion. Mr. Montesano made a motion to elect Mr. Delisio as secretary of the Planning Board. Mr. Lowther seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

G. ADMINISTRATIVE OFFICER’S REPORT

 

1. Administrative Actions

 

· 2022-ADM-05: Shelter Harbor Golf Club (21 E. Woody Hill Road & Shelter Harbor Golf Club | AP 115, Lots 2 & 55C)

 

· 2022-ADM-01: Thomas Administrative Subdivision (90 & 92B Rossini Road | AP 146, Lot 14)

 

2. Development Project Status Report (updated 8/29/2022) – Ms. Letendre said the report has gained popularity and to accommodate the Town Manger’s need for a monthly status report it will now be prepared at the end of each month. Town Manager Shawn Lacey will share the status report with department heads  at their monthly meeting, the first Tuesday of the month.

 

3. Grant Process Development, Recent Applications & Awards Announcements – Ms. Oziolor shared that Westerly received $1.1 million in Community Development Block Grant (CDBG) funds; $500,000 for the Bowling Lane water line replacement, $400,000 for Vose Street and Park Avenue roadway and sidewalk improvements, Westerly Education Center will receive funds for training programs, The WARM Shelter will receive $70,000 for senior housing and a group home of Looking Upwards was awarded full funding for their home renovations. Ms. Oziolor added that the Rhode Island Department of Environmental Management (RIDEM) awarded Phase 1 funding with a technical assistance grant for the Westerly Marina project and if needed, they will help with phase 2. Ms. Letendre said a new grant administrator was hired and is working with two members of the Economic Development Commission (EDC) to create a process map to determine what is working in the grant process. Ms. Oziolor added that a hazard mitigation plan grant was also approved, and a stormwater implementation grant will add $200,000 to their funding.

 

H. ASSISTANT SOLICITOR FOR PLANNING AND ZONING’S REPORT

 

            Atty. Levesque reviewed the substance of Saturday’s Town Council meeting and described the various opinions on the Winn Properties text amendment application for the golf course/hotel. He described conversation on potential projects as adversarial. He said the main concerns were limitations on mass and the scale of potential projects under the Ordinance and defining accessory use.  Specific ordinance language was not discussed. One council member was in favor of denying the application. Three others made no comment on the language presented yet referred the matter to the local group, Keep Westerly Green, and the applicant to come to an agreement. The matter is scheduled to be discussed again on October 17. Mr. Constantine asked how the applicant could apply a comprehensive permit to a Commercial Recreation Zone. Atty. Levesque said case law has interpreted that the State need for affordable housing outweighs any local need expressed in the local zoning ordinance.  Atty. Levesque added that comments made at Saturday’s hearing about the Planning Board being deceived was unfounded. He said the process followed in preparation of the text amendment was thorough and consistent with state law. 

 

I. CONFIRMATION OF QUORUM FOR NEXT REGULAR AND SPECIAL MEETING

 

1. October 18, 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):

 

·         Florentine Realty, LLC. – Venice Restaurant Expansion (cont. Master Plan)

·         Planning Board Annual Report (cont.)

·         Capital Improvement Program (CIP) Introduction

·         32 Springbrook Road – 5-lot subdivision (Pre-Application)

·         50 Wells Street – medical offices (Pre-Application)

 

I. ADJOURNMENT –

Ms. Madison made a motion to adjourn the meeting at 8:33 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 18, 2022