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

 

B. ROLL CALL AND ATTENDANCE

 

Members present:           Vice Chair Richard W. Constantine, Secretary Andrew Delisio, James Hall IV, David A. Giorno, and Matthew O’Neil

 

Members absent:             Chair Justin M. Hopkins, Member Tabitha Harkin, and Auxiliary Member Karen Lentz Madison

 

Staff present:                   Assistant Solicitor for Planning & Zoning Atty. Scott Levesque, Town Planner Nancy Letendre, Principal Planner Alyse Oziolor, Town Engineer Kyle Zalaski, Information Technology Technician Lanny Fuller, and Minute Taker Stephanie J. LaSota

 

C. APPROVAL OF MINUTES

 

1.       May 16, 2023 – Mr. Delisio made a motion to approve as submitted the May 16, 2023 Planning Board meeting minutes. Mr. O’Neil 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. 2020-MJS-01: 60 Ledward Avenue – Preliminary Plan Review of Major Subdivision (60 Ledward Avenue | Assessor’s Plat 68, Lot 74) continued Review, discussion, and possible action and/or continuation to a future meeting by the Planning Board on request for a Master Plan Review of a 9-lot (10-unit) residential subdivision including extension of Gardner Drive and a duplex on Ledward Avenue.

 

Ms. Letendre said changes were made to the plan since the last meeting in response to comments from third party review and Town Engineer and Department of Public Works (DPW) review. Two requests for waivers (traffic study and third-party construction oversight) are incorporated into the recommended decision in the staff memo to the Board.

Present on behalf of the applicant was Attorney William Nardone, with offices at 42 Granite Street, Westerly, and Molly Titus, of DiPrete Engineering. The plans dated June 8, 2023 were revised based on comments from Town Engineer Kyle Zalaski, DPW Highway Director Peter Chiaradio, Planning staff, and the third-party engineering reviewer. Todd Brayton of Bryant Associates, the third-party engineering firm reviewing the plans, confirmed Ms. Titus’s report of the updates, indicating the majority of his comments were addressed and only minor revisions would be needed on the final plan. Ms. Letendre said Mr. Zalaski made recommendations regarding notice requirements, soil erosion and sediment control, and site construction. She is recommending that the first phase of final plan approval be the separation of the parcel that fronts on Ledward Avenue from the rest of the project and that they begin that first with an administrative approval of Final Plan for Phase 1. Phase 2 construction and infrastructure at the end of Gardner Drive is recommended to return to the Planning Board for Final approval because they must decide if the roadway is suitable for the Town to accept. A few things must be completed before the final plan for Phase 2, such as landscape details of the boundary between the development and the Sposato’s property on the south side of Gardner Drive, which is addressed in a recommended condition number 9 that an evergreen buffer be provided. There was some discussion on a tree survey and landscape plan. It was said that a vegetative buffer will be decided at the final approval phase. Ms. Letendre said condition 12 addresses snow storage, which would be on lot 5 and on the east side of the driveway on lot 7. Condition 12 is regarding the proposed wall on the south side of Gardner Drive.

            Atty. Nardone said the Westerly Land Trust (WLT) Board voted to accept the donation of the conservation area subject to some conditions. A WLT letter was included in the package. Mr. Hall shared concerns about the steep drop off on Gardner Drive. Ms. Letendre said Mr. Zalaski can speak to what is needed from the applicant. Mr. Zalaski said the wall on the proposed plans is within the right of way, so it does present liability for the Town. There are options like a guard rail or raising the wall to provide extra protection, he said. Discussion ensued on the location and details of that area on the site plan. Mr. Zalaski said the details can be worked out between now and the final plan. A potential WLT parking area was discussed. Ms. Letendre said WLT requested access from Joshua Street so people can access the land. Atty. Nardone said WLT also requested some signage for the area. They also want a chain placed across the entrance for extra security. It will be the applicant’s responsibility to clear and grade the lot area. Ms. Letendre’s recommendation of making this part of phase 1 would allow for review with Mr. Zalaski before final review. Atty. Nardone said WLT has reviewed the plans and they have walked the property.

John Sposato, of 30 Gardner Drive, owns property to the east of the proposed development. He asked about potential parking off Joshua Street and access from Gardner Drive. Ms. Letendre said the Town will own the stormwater management lot adjacent to the Sposato’s property and it will be reinforced turf so that a maintenance vehicle of the Town can get into the lot to check on the operations of a basin that will be on the property. Mr. Sposato commented further on an existing wall, and he said they are still waiting on the landscaping buffer plan for the property line abutting his property.

Ms. Letendre said she will add a note to Condition 1 that phase 1 will include the subdivision of Lot 11, a conservation lot for the purposes of the WLT. Condition 12 is applicable to phase 2. Ms. Oziolor recommended adding a Condition 13 to include coordination with the Town Engineer on the existing and proposed retaining wall.  She noted, prior to construction, the existing condition of the retaining wall shall be evaluated to determine its structural integrity and ability to support traffic during construction and after completion of the project.  Additionally, vehicular barrier and pedestrian fall protection shall be coordinated with the Town Engineer. The 13-page memo prepared by the Planning Office staff dated June 13, 2023 for the June 20, 2023 Planning Board meeting was marked as Board’s Exhibit 1. Exhibit 1 included notes as taken by staff during the meeting.

Mr. O’Neil made a motion as written in Board’s Exhibit 1 and revised during the meeting that the Town of Westerly Planning Board approves, with conditions, Application ‘2020-MJS-01 – 60 Ledward Avenue (Assessor’s Map 68, Lot 74)’. Mr. Constantine seconded the motion. Atty. Nardone noted that on page 8 of Exhibit 1 there are some notes referencing the municipal land trust, however, it should be written as WLT. Mr. O’Neil amended his motion to include the correction to Exhibit 1 and that the application be approved with all conditions as written and amended during the meeting. Mr. Delisio seconded the amended motion. The motion CARRIED by unanimous vote with no abstentions. It was noted that Mr. Giorno was recused from the issue and did not participate in the discussion or the vote.

 

F. NEW BUSINESS

 

1. 2023-LMIH-02 - 37 & 37A Canal Street Comprehensive Permit – Pre-Application Review & Request to Combine Master & Preliminary Plan Review (37 Canal Street | Assessor’s Plat 46, Lot 25) Review, discussion, and possible action and/or continuation to a future meeting by the Planning Board on request for a Pre-Application Review of a Comprehensive Permit and request to combine Master and Preliminary Plan review for conversion of a single-family and commercial unit to a 3-family building.

 

Ms. Letendre said this is an informal discussion as a preapplication and next month the applicant would like to combine Master and Preliminary Plan review. It is an unusual Comprehensive Permit as the structures and units exist. All the work will take place on the interior. There are two structures on one lot, which is zoned Downtown Center (DC-2). The front structure was formerly a single-family home converted to commercial use, and the rear is a two family home. The rear structure will remain two-family and the owner would like to legitimize the front as a single-family home restricted to low-and-moderate income (LMI) individuals. The parcel is 50 percent impervious.

Bill O’Gara, of 20 Mariner Drive, was present on behalf of the application. He said unit 37A was converted to residential use, but it needs renovation. He said he would make it a legal one-bedroom apartment as an affordable housing unit, and he does not plan to make changes to unit 37. The project will take nonconforming residential space in a commercial zone and make it legal and affordable housing. Mr. Hall said the plan sounds in line with the Town’s Comprehensive Plan. Mr. Constantine said he drove by the property and said some exterior landscaping would also improve the area. Mr. O’Gara said he is happy to incorporate landscaping into the plan.

Mr. O’Neil made a motion that the Westerly Planning Board authorizes the submission of a combined Master and Preliminary Plan Comprehensive Permit application for 37 & 37A Canal Street Residential Redevelopment (Assessor’s Map 46, Lot 25). Mr. Hall seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

2. 2023-DPR-03: 107 Main Street Redevelopment – Development Plan Review (107 Main Street | Assessor’s Plat 66, Lot 18) Review, discussion, and possible action and/or continuation to a future meeting by the Planning Board on request for a Development Plan Review of redevelopment for a mixed-use property containing an event space and residential building.

 

Ms. Letendre reviewed that the project was introduced at last month’s Planning Board meeting. She introduced Beth Kirmmse, landscape architect with Fuss & O’Neill, and Gina Fuller and Renee Stoops, both with the Southern Rhode Island Conservation District (SRICD). Ms. Stoops, a conservation specialist with SRICD, said they are acting as the project manager of the project on behalf of the Town. The landowner, Wayne Ritter, was also present. The conceptual Master Plan was presented last August. They presented updates in April and tonight is the first official project presentation of the entire effort in the “Resilient Riverfront Renewal.”

            Ms. Kirmmse presented a slideshow about the Resilient Riverfront Renewal project. She said they are still pursuing funding for future phases of the project that include burying infrastructure on Main Street. Ms. Kirmmse said Mr. Ritter envisioned redesigning his property with some public space and an area for food trucks.

Andy Glines, project engineer with Fuss & O’Neill, provided an overview of the grading and drainage plan on the site, and the logistics of the site modifications. Ms. Kirmmse reviewed the landscaping plan. The plant list is from the Coastal Resource Management Council (CRMC) approved plant list. There was discussion on the safety of the site and proposed bioretention basins. Mr. Glines said they can review the plan to incorporate more visual cues for pedestrians to discern where to walk. The first two years of the project will have Rhode Island Department of Transportation (RIDOT) maintenance and after that SRICD will assist. All involved parties are working with SRICD on maintenance agreements. Ms. Kirmmse further described the native plantings for the site. Mr. Glines described the lot space designated for snow storage and how the melt will be diverted. He said some spaces are remaining paved as part of a bigger plan for the sediment and stormwater management plan. Ms. Letendre noted that Mr. Ritter contacted the Planning Office about this idea in 2019 and has been working patiently with them. Mr. Hall commended him for being the first property owner to step up with a plan.

Mr. O’Neil made a motion that the Westerly Planning Board hereby approves, with conditions, Application ‘2023-DPR-03– Preliminary Plan – Riverside Housing Community Site (107 Main Street | Assessor’s Map 66, Lot 18),’ in accordance with the application and supporting materials including the entire Set of Plans titled ‘Resilient Riverfront Renewal, 107 Main Street, Westerly, Rhode Island, Permitting Documents,’ including 15 sheets, dated May 18, 2023, revised June 8, 2023, prepared by Fuss & O’Neill. Mr. Hall seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

G. ADMINISTRATIVE OFFICER’S REPORT

 

1.       Development Project Status Report (updated 5/23/2023)

 

2.       Administrative Actions

 

·          50 Wells Street Medical Office Building Final Plan Approved (AP 87, Lot 93)

 

H. ASSISTANT SOLICTOR FOR PLANNING AND ZONING’S REPORT

 

1. Report on proposed legislation – A PowerPoint from Ms. Letendre summarizes the legislative changes coming to the State, with most to begin in January and one in March. The Board will receive that soon and they will discuss it at the next meeting. Ms. Letendre said the Town Council had a special meeting last Wednesday and accepted the Route One Corridor Study. They voted to move the discussion forward to the Planning Board with the exception that the Board does not spend time discussing a sewer extension. Ms. Letendre is prepping changes to the Comprehensive Plan due to this and they will discuss how to incorporate the overlay district, as well as how to package the amendments to the plan to be returned to the Town Council. Mr. Hall shared some discussion happening around the Westerly Marina and the Town’s subcommittee and how this may connect to the overall Comprehensive Plan changes.

 

I. CONFIRMATION OF QUOROM FOR NEXT REGULAR MEETING

 

1. July 18, 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):

 

·          43 Bellevue Avenue Minor Subdivision

 

·          62 Airport Road Minor Subdivision & Industrial Development

 

·          Champlin Woods Condominiums

 

·          LID Application Checklist revisions

 

There was some brief discussion on upcoming applications and the status of projects under construction in Town. Planning staff noted that LID updates to the Application checklist will be deferred until after the new regulations from the State are in place, as procedures will be changing.  It was noted that subcommittee updates can be included under the administrative officer’s report on future agendas.

 

J. ADJOURNMENT –

Mr. O’Neil made a motion to adjourn the meeting at 7:46 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 July 18, 2023