Planning Board – Meeting Minutes
Tuesday, August 15, 2023 - 6:00 p.m.

Westerly Town Hall | Town Council Chambers

45 Broad Street, Westerly, RI 02891

 

A. CALL TO ORDER –

Mr. Constantine called the meeting to order at 6:07 p.m.

 

B. ROLL CALL AND ATTENDANCE

 

Members present:           Vice Chair Richard W. Constantine, Secretary Andrew Delisio, and Members Tabitha Harkin, and Auxiliary Member Karen Lentz Madison

 

Members absent:             Chair Justin M. Hopkins, and Memberes James Hall IV, Matthew O’Neil, David A. Giorno

 

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

 

C. APPROVAL OF MINUTES

1.       June 20, 2023 -

2.       July 18, 2023 –

 

No quorum was present to approve the minutes. Ms. Lentz-Madison made a motion to continue the minutes to the September Planning Board 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, such as known continuances and the order in which items will be heard.

 

There were no changes to the agenda.

 

E. OLD BUSINESS

 

1. 2022-MNS-01: Airport Road Industrial Park – Minor Subdivision & Minor Land Development – Preliminary Plan Review (62 Airport Road | Assessor’s Plat 118, Lot 17) Continuation from July 18, 2023. Review, discussion, and possible action and/or continuation to a future meeting by the Planning Board on request for a Preliminary Plan review for a Minor Subdivision and Minor Land Development to subdivide one industrial lot into 3 lots, construct a new industrial building and renovate an existing industrial building.

 

Mr. Constantine and Mr. Delisio clarified that they were not present at the last meeting but have reviewed the application materials and meeting minutes. Ms. Oziolor reviewed the status of the application and the pending details for the completion of it. Staff recommended a continuance of the application due to pending state permitting and required site investigation.

Attorney William Nardone, with offices at 42 Granite Street, was present to represent the applicant. He referenced the memo from the Town Planner with notes regarding engineering concerns for the project. Jeff Augeri, project engineer of JT Holdings LLC, was also present. Atty. Nardone recognized that the applicant must agree to a decision extension as the deadline for approval is September 8 but the next Planning Board meeting is September 19. The phase 1 site assessment was completed and submitted, he said, and one comment in the assessment is that the site sits on a plume and contamination was detected somewhere between twenty and twenty-five feet under the surface. He reminded the Board that the application is for a subdivision and minor land development that will not require land disturbance of that depth. Mr. Augeri reviewed the details of the stormwater management on site as well as the details of the phase 1 site assessment by Hoffman Engineering, Inc., North Kingstown. A report dated August 3, 2023 from Hoffman Engineering, Inc. is included in the application packet. Atty. Nardone said Town Engineer Kyle Zalaski recommended a sub slab mitigation system could be installed in response the potential of subterranean contamination. He said the applicant is also willing to do surface investigation and soil sampling up to four feet - the depth of their project. Atty. Nardone requested the Board grant the traffic waiver for the project. Mr. Augeri described the site plans and proposed building construction as shown on the plans. Paul Azzinaro, principal of Paul Azzinaro Architects, Westerly, said the building was designed with flexibility in mind. It is intended for general business use for incubator companies or established trades people. He said it is not unusual for the site to be in a debris area. He described the process for laying the foundation of the structure.

Patrick Sweeney, principal and owner of Affinity Design Group, Newport, was present to speak about the landscape plan for the project. Mr. Augeri responded the Ms. Oziolor’s question regarding creating a swail. He said they will raise up the area to keep the water away from the street. Ms. Harkin voiced concern for Mr. Zalasky’s comments on the potential effects to the wetlands and she asked if the landscaping plans will deter this. Mr. Augeri and Mr. Sweeney described vegetative swales planned for the site. Ms. Oziolor clarified that the potential surface investigations that were recommended would determine if there is additional contamination on site. She said the primary concern of the phase 1 investigation is that activity on site could potentially move contaminants and infiltrate the ground. Discussion ensued on the process for determining contaminants on site. Mr. Delisio said he agreed to waiving the traffic study but he would take the recommendations of the Town Engineer for additional investigation of the site. Atty. Nardone repeated the applicant’s intentions for soil testing at four feet depth and remediation if necessary.

Ms. Oziolor said in the second draft motion in item A, recommendations on environmental, the Board could caveat that the further investigation be at the surface in the area of disturbance. Atty. Levesque said they do not have a precise answer from the Town Engineer and to the extent that the applicant and engineer cannot agree they can address that at the next meeting.

Mr. Delisio made a motion that the Westerly Planning Board hereby approves the Applicant’s request for a waiver of a traffic study for the Application 2022-MNS-01 – Preliminary Plan – Minor Subdivision & Minor Land Development - Airport Road Industrial Park (62 Airport Road | Assessor’s Map 118, Lot 17.) Ms. Lentz-Madison seconded the motion. Atty. Leveseque noted that the Board should note that the motion includes all the conditions as written in the Planning Office memo dated August 8, 2023 and marked as Board’s Exhibit 1. Mr. Delisio made a motion to amend his previous motion to include Atty. Levesque’s statement. Ms. Lentz-Madison seconded the amended motion. The amended motion CARRIED by unanimous vote with no abstentins.

Staff noted a list of items on page 5 in the second draft of the staff memorandum to the Board. Ms. Oziolor said to continue the application, the applicant must grant permission to extend the deadline to September 19. There was discussion about the application process. Atty. Nardone said the applicant is amenable to extending the meeting to September 19 and if they do not have the remaining requirements available at that time they are willing to extend to the October Planning Board meeting.

Ms. Harkin made a motion that the Westerly Planning Board hereby continues the review of Application 2022-MNS01 – Preliminary Plan – Minor Subdivision & Minor Land Development - Airport Road Industrial Park (62 Airport Road | Assessor’s Map 118, Lot 17) until the September 19, 2023 meeting, and that the applicant address outstanding matters detailed in Board’s Exhibit 1, with the amendment to 1. A. that the applicant meet with the Town Engineer to determine any additional contaminant investigation process. Ms. Lentz-Madison seconded the motion. The motion CARRIED by unanimous vote with no abstentions.  

 

F. NEW BUSINESS

 

1. 2023-LMIH-03–Pre-application & request to combine Stages – Comprehensive Permit – Trendsetter Multifamily Residential (26 and 28 School Street | Assessor’s Map 66, Lots 91 & 91A) Review, discussion, and possible action and/or continuation to a future meeting by the Planning Board on a pre-application review and request to combine Master & Preliminary Plan Review of a multi-family development of 54 apartments with 25% (14 units) at 80% AMI.

 

            Ms. Oziolor reviewed that the preapplication stage does not require decisions on the proposal but the Board can make recommendations on the plan. She referenced questions outlined in the staff memorandum to the Board as talking points and considerations of the application.

            Attorney William Nardone, with offices at 42 Granite Street, was present on behalf of the application. He had a letter of eligibility from Rhode Island Housing to pursue a Comprehensive Permit. The applicant has proposed deed restrictions, monitoring agreements, and the letter from RI Housing that upon approval of the application they will execute a monitoring agreement. The proposal is a development of property at School Street, the former St. Pius School and the property behind that. The total number of units proposed is 54 with 14 being affordable housing units. Also present at the hearing was Sergio Cherenzia, principal of Cherenzia & Associates, LTD., 99 Mechanic Street, Pawcatuck, CT.  Atty. Nardone said they anticipate future discussions with the public and seek the approval of the combination of stages tonight. Mr. Delisio said the plan looks the same as previous application and asked what was different. Atty. Nardone said there are engineering changes and the number of units are different than previous applications, as well. Mr. Cherenzia noted that the site plan has not changed dramatically except that they have added more units to the project. He described the new aspects of the project and said there will be additional parking on one of the subdivided lots to the west. The applicant is seeking approval from the Town’s police and fire chiefs. He described the stormwater infiltration basins to be installed on the site, currently under Rhode Island Department of Environmental Management (RIDEM) review, as well as other aspects of the stormwater management plans. He said there is sufficient parking planned for the units - 85 bedrooms with 85 parking spaces.

Jeff Pucci, of 44 Watch Hill Road, principal of Trendsetter, said that he and his team researched the project extensively so they felt confident that the land would support the size of the project. He said it is a multi-million dollar project and they wanted to maximize the use of the land. Mr. Pucci shared that several sources say that 54 units was feasible for the property. He said they will still build a two-family home on the Elm Street lot even though it could have been used for the larger project.

Mr. Delisio clarified the changes to the plan from previous submissions and noted that it appears green space was diminished and the parking and building footprints increased. Mr. Pucci responded that they feel that this is the best project plan for the land and the research shows this. Atty. Nardone said the increase in the units also indicates an increase in the low and moderate income (LMI) units which is locally needed and a State mandate. Ms. Harkin anticipated neighborhood concerns being similar to previously shared comments and wished the applicant luck in the process. She suggested more amenities and green space be included in the plan. Mr. Constantine agreed that LMI housing is a need in Westerly, but the new application seems to have not heeded any past concerns on massing and design given during past application hearings, which were separate from this submission. He shared his frustration about this and not understanding the applicant’s choices.

Ed Marolda, of 40 Elm Street, spoke as a resident of Elm Street and a member of Elm Street CARES. Mr. Marolda said he recently became a member of the Town’s ad hoc affordable housing committee. He said the question for the application should be what is the number of units that is appropriate and not what will fit. He thought that the application was tone deaf. He asked that the application not be approved as it will only get the project further along in the process while the application’s new submission has not improved but has actually grown larger in size since previous submissions. He elaborated that the proposed density of the application will overwhelm the site. He noted the applicant looks to Windsor Condominiums as a comparison site and suggested other properties to investigate such as Beachwood Condos. Mr. Marolda claimed that Trendsetter has never pointed to the density calculation and bonuses of the Comprehensive Plan in any of their application materials. He asked what good the density bonuses are in the plan if they will not be adhered to. Mr. Marolda said that the applicant has not met with neighbors in the previous six months.

Atty. Nardone said he does not agree with responding to details of the plan at this time and simply wants to move forward with the procedural stage. He requested that the Board permit the applicant to combine the phases. He noted that the Beachwood Condos is a subdivision and each building is a duplex with separate lots and frontage. Mr. Constantine asked Ms. Oziolor if the applicant has justified the approval. Ms. Oziolor said the draft motion in the memo dated August 8, 2023 indicates that if the Board is to approve the combination the applicant must provide all application checklist requirements prior to the next hearing. Ms. Lentz-Madison confirmed that agreeing to combine the phases does not mean that they agree to approving the plan and it is open to scrutiny and discussion. Atty. Levesque clarified that the applicant wants the combined plan because they have their engineering work completed and wish to expedite the process, with the condition that the checklist items are completed prior to the hearing. Atty. Nardone said that they are aware that the approval of this application tonight is a step to expedite the process and not an approval of the plan.

Mr. Delisio made a motion that the Westerly Planning Board hereby approves the Applicant’s request to combine Master and Preliminary Plan applications for Trendsetter Multifamily Residential (26 & 28 School Street | Assessor’s Map 66, Lots 91 & 91A), [The applicant may proceed with Master Plan only, provided all requirements of the [Master] Preliminary Plan checklist items, an approved RIDEM RIPDES Permit and the advisory opinion of the Rhode Island Historic Preservation and Heritage Commission (RIHPHC) and Architectural Review Board (ARB) advisory opinions, are provided prior to the date of the Board’s review. The Applicant is requested to proceed with the ARB Submission and review. Because this property is in the Wilcox Park Historic District, the Planning Office will request an opinion on the redevelopment and new construction from the Rhode Island Historic Preservation and Heritage Commission (RIHPHC) on behalf of the Planning Board. Along with the ARB submission, the architect shall provide the Town Planner with an additional set of architectural drawings, and details on methods and materials to be used in the reconstruction and any exterior changes or additions to the existing school building (including both the historic building and its addition). The Town will then apply for a written opinion from the Rhode Island Historical Preservation and Heritage Commission (RIHPHC) on both the proposed alteration/addition and the new development’s effect on the National Register Historic District. Ms. Harkin seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

2. Inclusionary Zoning and Fee in Lieu Review, discussion, and possible action and/or continuation to a future meeting by the Planning Board on a request from the Town Council to review the fee in lieu of construction of Low and Moderate Income (LMI) housing units, in the context of the Inclusionary Zoning Ordinance (260-50.2).

 

            Ms. Oziolor said the Town Council requested the Board’s feedback on the fee in lieu of construction for LMI housing units. $123,000 is in the Town budget for affordable housing development because of the Harbor Ridge project and they want guidance for what to do with those funds now. She said the Town is in discussion with a consultant regarding a housing needs assessment, which may determine how they move forward with fees with inclusionary zoning. Additional comments were included in a review of the Planning Office memo to the Board titled “Inclusionary Zoning and Fee in Lieu” and dated August 8, 2023. Atty. Levesque said by law they must spend that money to achieve affordable housing within three years of receiving it. It was discussed that it can be used for rehabbing a property to a deed-restricted LMI unit. Ms. Oziolor said an option would be to subsidize an existing project. Mr. Delisio suggested that funds could be used toward the purchase of land for a future LMI project. Mr. Constantine asked for a staff opinion on the matter. Atty. Levesque suggested that the Town of Barrington had a process for the use of fees in lieu and has a committee dedicated to the matter. Ms. Lentz-Madison noted the benefit that exclusionary zoning distributes LMI housing throughout the Town. Mr. Delisio said the fee in lieu of units seems like an easy out for developers and is a minimal fee. Ms. Harkin said if they do keep the fee in lieu it needs a mechanism to manage it, such as a committee, and they could possibly combine the funds with federal funds and grow them for the use of LMI needs.

            Mr. Delisio made a motion to allow Planning staff and the newly hired consultant to work together on inclusionary zoning draft revisions for the Board’s review. Ms. Lentz-Madison seconded the motion. The motion CARRIED by unanimous vote with no abstentions.  

 

G. ADMINISTRATIVE OFFICER’S REPORT

 

1.       Development Project Status Report (updated 8/7/2023)

 

2.       Westerly Marina Update – It was reviewed that a study committee is working on proposed uses for the site. The general intent is to make it a public recreation facilty with a public boat launch and public amenities.

 

3.       Route 1 Corridor Update – The Planning Office is drafting amendments to incorporate it into the Comprehensive Plan.

 

4.       Affordable Housing Update – Staff shared that the Town is engaging with a consultant on the housing needs assessment, as noted in the inclusionary zoning discussion.

 

5.       Administrative Actions – There was nothing to discuss.

 

 

H. ASSISTANT SOLICTOR FOR PLANNING AND ZONING’S REPORT - There was no report.

 

I. CONFIRMATION OF QUOROM FOR NEXT MEETINGS

 

1. September 19, 2023 Regular Meeting at 6:00 pm 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):

 

·                 170 Potter Hill Road – Minor Subdivision

·                 50 Airport Road – Development Plan Review

·                 Annual Report

 

Ms. Lentz-Madison said she will be absent.

 

2. October 4, 2023 Special Meeting at 6:00pm Members of the Planning Board are asked to notify the Administrative Officer if they will not be present at the special meeting. The following planning projects are expected to be discussed:

 

·                 Inclusionary Zoning

·                 Adaptive Reuse

·                 Comprehensive Permits

 

J. ADJOURNMENT –

Ms. Lentz-Madison made a motion to adjourn the meeting at 8:28 p.m. Ms. Harkin 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 TBA