Planning Board – Meeting Minutes

Tuesday, December 5, 2023 - 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, Vice Chair Richard W. Constantine, and Secretary Andrew Delisio, Members James Hall IV, and Matthew O’Neil, and Auxiliary Member Karen Lentz Madison

 

Members absent:

 

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

 

Mr. Hopkins clarified that there is no agenda item for Winn Properties tonight and there will be no opportunity for public comment on that subject.

 

C.    APPROVAL OF MINUTES –

There were no minutes on the agenda.

 

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.

 

Mr. Delisio made a motion to move agenda item E3 before agenda item E2. Ms. Lentz- Madison seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

E.     OLD BUSINESS

 

1. Capital Improvement Program (CIP) Review and discussion by the Planning Board on a recommendation to the Town Manager on the Capital Improvement Program

 

Mr. O’Neil made a motion to continue the CIP discussion to the December 19 meeting. Mr. Delisio seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

2.  2023-LMIH-03– Combined Master & Preliminary Plan Review – 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 Revised Master & Preliminary Plan review of a Comprehensive Permit for multi-family development of 42 apartments with 25% (11 units) up to 80% AMI.

 

Ms. Lentz-Madison confirmed she left the last hearing early but watched the video recording so she has been updated on the project. Present on behalf of the application was Attorney William Nardone, with offices at 42 Granite Street. He said the applicant submitted a letter dated November 29, 2023 for the record, adding two more low and moderate income (LMI) units, to increase the total number to 13 LMI units. Mr. Hall joined the meeting at 6:14 p.m. Also present was Jeffrey Pucci, principal of Trendsetter, LLC., project engineer Sergio Cherenzia, landscape architect Rebecca Nolan, project architect Peter Springsteel. Ms. Lentz-Madison made a motion to close the public hearing at 6:16 p.m. Mr. O’Neil seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

Mr. Delisio said parking appears to be an issue with the project, but he fails to see the difference between a two-story or a three-story building and how that will greatly impact abutters. He said that he will be voting to approve the project as there is a need for housing. Mr. Constantine raised concerns about impervious surface. He asked the applicant to consider using pavers instead of blacktop in certain areas or reducing the size of the project. He is concerned that the Architectural Review Board (ARB) recommendations were not considered enough in the revisions. He said if he approves this project, there needs to be a condition that the ARB comment on the current plan and the applicant abide by their suggestions or return to the Planning Board to further discuss it. Mr. Constantine said he is also uncomfortable with the density bonus, unless it is 100 percent LMI, and if not, he would like to see it be 50 percent density and 50 percent LMI.

Mr. O’Neil said the applicant did make some effort to revise the plans, but he has heard feedback from the community about the mass and density of the project. He visited the area and felt relieved to see many of the homes on Elm Street are three story. He said he would be in favor of the project. Ms. Lentz-Madison agreed with what has been said so far. She said the applicant has addressed the runoff and that has been a big concern and the project’s engineering may improve the runoff. She said the landscaping will improve the project and it will not be as visible from the street because of this. She would approve the project, she said. Mr. Hall said Mr. Constantine and Mr. O’Neil brought up good points and he would second all of Mr. Constantine’s points. He said the density that the applicant is requesting is disproportionate to the amount of LMI units. He suggested if the applicant would like to have this much density, that there be more LMI units. Mr. Hopkins said the applications are not considered in a vacuum at the Planning Board and parking limits may need to be addressed with the Town. He asked the timing of the phases for building one and building two.

Mr. Pucci thanked the Board for their time and asked the Board’s opinion for the timing of phase one. He said his main goal is to get 17 apartments built as quickly as possible. He feels that the stormwater engineering plans will support the proposal. Ms. Letendre said the timing will depend on the site work and infrastructure placement. Mr. Pucci explained some of the architectural changes and said they could make further changes, if required, but Mr. Springsteel tried to incorporate Rhode Island Historical Preservation and Heritage Commission (RIHPHC) and ARB comments as much as possible. Mr. Cherenzia said the applicant will be subject to Rhode Island Department of Environmental Management (RIDEM) for the stormwater management and they will need to resubmit due to the plans being revised.

Ms. Letendre reviewed that the Rhode Island Pollutant Discharge Elimination System (RIPDES) permit is for final approval,  the curb cut for 28 School Street is for phase 1 construction and the applicant will consult with the Department of Public Works on this and the maintenance of impervious surfaces and what it might look like in terms of a performance standard. Atty. Levesque said a maintenance plan could be submitted at final plan if that is acceptable to the Town Engineer. Mr. Hall said unless the applicant is willing to offer more LMI he would suggest a bond. Ms. Letendre said the Town Engineer will need to give an opinion. She said if 17 units are built in phase one, 30 percent must be LMI so 5 LMI units need to go into phase 1. Atty. Nardone said in the event phase 2 is not  constructed they could convert some units from phase 1 to LMI. Atty. Levesque said there is a potential that phase 1 can go on for several years. He advised that the Board could require LMI in phase 1 or that phase 2 happen at a certain date or units be converted. Ms. Letendre said they could get final approval for phase 1 and phase 2. Preliminary plan approval is for two years with an opportunity for two two-year extensions. Ms. Nolan said there will be nine street trees and the buffer around the perimeter of the property would be planted in phase 1.

In a poll of the Board, Mr. O’Neil and Ms. Lentz-Madison said they would approve the project. Mr. Hall would vote no. Mr. Constantine would approve it with his previously stated conditions. Mr. Delisio would approve it and agree with the conditions. Mr. Hopkins would approve. There was further discussion on the condition that the applicant get to 40 percent impervious surface cover. Atty. Levesque said engineering does need to be dealt with in the preliminary stage. There was discussion on the third proposed condition and Mr. Constantine said the applicant is concerned that the applicant is out of line with what the State is requiring. Mr. Hall agreed that the LMI units need to be proportionate to the density request. Mr. Delisio said the increased LMI units will decrease the quality of the project as it will cost the developer. He said 30 percent LMI is realistic and the project looks good. Mr. Hopkins asked how many developments in the last year have they had that exceeded 30 percent LMI. Ms. Letendre said that the Dakota Properties development was 75 percent LMI. Mr. O’Neil said he thinks the Board needs to continue to work with developers to avoid the intervention of the State. He is comfortable with 30 percent LMI if they get assurance that it happens in phase 1. Ms. Lentz-Madison said she is comfortable with the 13 LMI units. There was further discussion on the density proposal. Ms. Letendre said she will draft the conditions to ensure the decision seen in two weeks is what is expected. Atty. Levesque recommended that the Board delegate the decision be prepared by staff for the Boards review on December 19 and that they continue the matter to the next regular meeting.

Mr. Constantine made a motion that the Planning Board allow Planning staff to draft a decision with proposed conditions for consideration at the December 19 Planning Board meeting and that the Trendsetter LLC application be continued to that date. Mr. O’Neil seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

The Board called a recess and reconvened at 7:47 p.m.

 

3. Proposed Zoning Ordinance Amendments Review, and discussion by the Planning Board and possible recommendation to the Town Council on revisions to Section 260-50 including the Inclusionary Zoning and Comprehensive Permit Ordinances.

 

Ms. Letendre noted the provided memo dated November 20, 2023 contains a draft motion to approve the proposed Zoning Ordinance amendments. She reviewed the changes highlighted within the memo. She said there have been a few changes made since the last time the Board saw this. Mr. Constantine suggested it may be helpful to the public to see the original and what was edited. Ms. Letendre said this is intended to be a repeal and replace and the presentation to the Town Council will show the previous version to now. She and Assistant Town Manager Melissa Davy will collaborate on what the Town Council will see. The Town Council may have a workshop on this prior to a public hearing. There was discussion on the Comprehensive Permit process and the regulations. The Planning Board is the only governing body for any comprehensive permit project. There are parameters called standards of review, which will not change and have been in place since 2004.

Nina Rosamundo, of 12 West Fairview, Westerly, spoke during public comment and questioned line 57 of the document. Atty. Levesque responded that the State is saying that no elected body can make decisions on development projects. Mr. O’Neil reminded the public that there are two open Planning Board positions. Ms. Letendre invited the public to engage at a meeting with Camoin Associates on a housing assessment study.

Frank Ocelli, of 18 West Fairview, Westerly, asked about the availability of the housing survey. Ms. Letendre said it will be on social media, and the Town’s Web site.

Mr. O’Neil made a motion that the Westerly Planning Board renders a favorable recommendation to the Town Council on the merits of the proposed Zoning Ordinance Update - as specified in the document titled “AN ORDINANCE IN AMENDMENT OF CHAPTER 1439 OF THE GENERAL ORDINANCES OF THE TOWN OF WESTERLY ENTITLED ‘RE-ENACT AND RE-ADOPT CHAPTER 1242 ENTITLED ‘THE WESTERLY, RHODE ISLAND, ZONING ORDINANCE OF 1998’, AS AMENDED’” Proposed Amendments to Town Code | Chapter 260:

Zoning Ordinance Section 260-50 Titled “Affordable Housing” including Section 260-50.1, -50.2, -50.3, & -50.5.” Where edits to the ordinance were discussed during the course of this meeting, they shall be included in the final version transmitted to the Town Council. Mr. Hall seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

F.     NEW BUSINESS

 

1. 2020-MJLD-08 – Harbor Ridge Condominium Development (165 East Avenue | Assessor’s Map

107, Lot 57) Bond Reduction. Review, discussion, and possible by the Planning Board on a Petition to reduce the performance Bond for Harbor Ridge.

 

Ms. Letendre reviewed that the Town Engineer was on site to review things and he recommended the performance bond be lowered to $4,744.30.

Mr. Constantine made a motion to reduce the Harbor Ridge Condominium bond from its initial value to $4,744.30. Ms. Lentz-Madison seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

G.    ADMINISTRATIVE OFFICER’S REPORT

 

1. Administrative Actions – There was no discussion.

 

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

 

I.       CONFIRMATION OF QUOROM FOR NEXT MEETINGS

 

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

· Trendsetter Multifamily Residential for decision

· Champlin Woods – Modification – DPR

· Route One Corridor Comprehensive Plan Revisions

 

J.      ADJOURNMENT –

Mr. Hall made a motion to adjourn the meeting at 8:25 p.m. Ms. Lentz- Madison 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 12-19-2023