Planning Board – Meeting Minutes

Tuesday, October 17, 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 6:03 p.m.

 

B. ROLL CALL AND ATTENDANCE

 

Members present:           Chair Justin M. Hopkins, Vice Chair Richard W. Constantine, and Secretary Andrew Delisio, Members Tabitha Wilson, James Hall IV, and and Matthew O’Neil, and Auxiliary Member Karen Lentz Madison

 

Members absent:             David Giorno (resignation 10-16-2023)

 

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 announced during roll call that Mr. O’Neil will arrive late to the meeting. Mr. Hopkins said that he would excuse himself from the meeting at 7 p.m. for a work-related matter and return to the meeting before it adjourns.

 

C. APPROVAL OF MINUTES

 

1. July 18, 2023 – Mr. Hall made a motion to approve the July 18, 2023 Planning Board meeting minutes as submitted. Ms. Wilson seconded the motion. The motion CARRIED by unanimous vote with abstentions from Mr. Constantine and Mr. Hopkins.

 

2. September 19, 2023 – The September meeting minutes were not available for review.

 

3. October 3, 2023 – Ms. Lentz-Madison made a motion to approve the October 3, 2023 Planning Board meeting minutes as submitted. Mr. Delisio seconded the motion. The motion CARRIED by unanimous vote with abstentions from Ms. Wilson and Mr. Hall.

 

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.

 

It was discussed that the Bay Street application will be continued and agenda item F4 and item G2 will be moved higher up on the agenda. Mr. Hall made a motion to move items F2, F4, and G2 first on the Board’s meeting agenda. Ms. Lentz-Madison seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

 

E. OLD BUSINESS

 

There was no old business to discuss.

 

F. NEW BUSINESS (As ordered in changes to the agenda)

 

2. 2023-DPR-07: Deck Access Door Replacement (113 Bay Street | AP 185, Lot 32D-4) Review, discussion, and possible action and/or continuation to a future meeting by the Planning Board on the Development Plan Review for proposed replacement of a deck access door and windows at 113

Bay Street in the Shore Commercial-Watch Hill (SC-WH) Zoning District.

 

Mr. Hall made a motion to continue the application to the November Planning Board meeting. Ms. Wilson seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

4. RIDEM Green Space Grant Application Endorsement Review, discussion, and possible action by the Planning Board on endorsing projects for inclusion in the 2023 RIDEM Green Space Grant Program application.

 

Julia Beasley, the Town of Westerly’s Director of Recreation, was present to describe two proposed grant applications that are due on December 6. One grant is for the Bradford Preserve lacrosse fields for a shelter pavilion for safety, two self-contained Americans with Disabilities Act (ADA) compliant recycling compostable toilets and a permeable gravel aggregate filled geogrids for the parking lot. She thinks they are in line with the municipal land trust’s mission, so the total ask is $345,000 with a Town match of 25 percent or $86,250. Ms. Beasley said they have already received $20,000 in a restricted fund for the pavilion but the pavilion itself will cost nearly $90,000. The second grant application is for the Tower Street Community Center outdoor recreation amenities. They want to resurface the basketball and tennis courts to make them multi-purpose use, including pickle-ball. The grant includes moving the playground, so it is more accessible, improving other outdoor signage and trash receptables. The Tower Street grant application request is $400,000 and has a Town match of

$100,000.

Ms. Letendre said grant process requires the Planning Board’s letter of support and the Planning Office provided details on the projects’ compatibility with the Comprehensive Plan within the staff memorandum to the Board.

Mr. Delisio asked if they researched an alternative for the Bradford Preserve parking lot instead of the $130,000 estimate of the geogrids. Ms. Beasley said that lot is compacted hard dirt and there is no drainage so there would be increased cost if they put underground drainage. She referenced some other potential products and what the department has researched about the lot.

Mr. Delisio made a motion that the Westerly Planning Board hereby determines that the two projects proposed by the Westerly Recreation Department for the 2023 RIDEM (Rhode Island Department of Environmental Management) Green Space Grant applications are

consistent with the Town of Westerly’s 2020-2040 Comprehensive Community Plan and the Board provides its endorsement of grant submissions for the projects as written and presented. Mr. Constantine seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

G. ADMINISTRATIVE OFFICER’S REPORT (As ordered in changes to the agenda)

 

2. Capital Improvement Program (CIP) Introduction to the CIP process and review and discussion by the Planning Board on next steps

 

Ms. Letendre reminded the Board to read the information that was distributed in advance of the special meeting scheduled for November 7. There will be questions and discussion at that time and staff and the Board will review some of the capital items in more detail at the December 5 special Planning Board meeting. The Town Manager and Finance Director will attend the November 7 meeting.  The Board agreed to reschedule the meeting to 5:00 p.m. for the benefit of the Town Manager and Finance Director.

 

F. NEW BUSINESS (CTD.)

 

1. 2023-LMIH-02 - 37 & 37A Canal Street Comprehensive Permit – Combined 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 combined Master and Preliminary Plan review for a Comprehensive Permit to convert a single-family and commercial unit to a 3-unit residential development with one of the units (25%) deed restricted to low-and-moderate income individuals.

 

Bill O’Gara applicant and owner of the property was present on behalf of the project. He explained that he is not increasing the footprint or use of the buildings. He reviewed the plan for his property and shared that the feedback he received from the Board in the summertime included comments about an existing walkway and landscaping concerns. He brought a revised map and is hoping to retain approval. Ms. Letendre said it seems to be a good use for the parcel. There was some discussion on the existing parking and the potential need for future

Jenifer Brintin, representing Grey Sail Properties, at 39 Canal Street, shared her general support of the project and the importance of new residential options in the northend. She is concerned about parking on Canal Street. She explained some parking partnerships that already exist among the neighborhood businesses. She said there have been some issues with residents using the Grey Sail lots and it impacts their business and creates liability concerns. She explained this has not been an issue with Mr. O’Gara but is a general concern for Canal Street.

Michael Ellery, a Canal Street property owner, expressed similar concerns to Ms. Brintin for the parking issues on Canal Street.

Mr. Hall asked the Canal Street property owners if they recommend the public municipal lot to customers or residents. There was extensive conversation about the parking logistics in the area. Mr. Hall questioned Ms. Brintin if she thought it was wise that Mr. O’Gara also entered into similar arrangements with Canal Street businesses. She suggested the municipal lot for overnight parking if the Town allows it and that Mr. O’Gara have possible discussion with the Jonnycake Center. It was said that the Town Manager’s office is discussing the possibility of allowing overnight parking in the municipal lot. Ms. Letendre noted there could be a rental agreement in the deed restriction as a condition of approval. Mr. O’Gara said the issues about Canal Street parking should not fall on him and he does not agree that he should be restricted to only renting to someone without a car. Atty. Levesque suggested that the language be that if there is a tenant with a vehicle, the landlord will have to secure off-sight parking. Ms. Letendre clarified that if there is a third tenant with a vehicle, the landlord can plan for off- site parking. Atty. Levesque said the October 10, 2023 Planning Office memorandum to the Board on this application has information on pages 5 and 6 saying there will be a waiver of four spaces from the parking requirements. Mr. Hall said any parking arrangements should not be a nuisance to the Town or other local property owners.

Mr. Hall made a motion that consistent with the qualifications just discussed the Westerly Planning Board approves with conditions the application conditions Application ‘2023-LMIH-02– Combined Master & Preliminary Plan Review – 37 & 37A Canal Street Comprehensive Permit (Assessor’s Map 46, Lot 25),’ in accordance with the application and supporting materials including the Architectural Site Plan entitled, ‘Canal Street Properties, 37 & 37A Canal Street, Westerly, Rhode Island,’ prepared by Serra Design, dated July 12, 2023, including the information as written on page 5 of the staff memo. Mr. Constantine seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

Mr. Hall made a motion that the Final Plan for ‘2023-LMIH-02– Combined Master & Preliminary Plan Review – 37 & 37A Canal Street Comprehensive Permit (Assessor’s Map 46, Lot 25) be approved administratively. Mr. Constantine seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

3. 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 combined Master & Preliminary Plan review of a Comprehensive Permit for multi-family development of 54 apartments with 25% (14 units) at 80% AMI.

 

Mr. Hopkins explained the procedure for the evening’s hearing. Attorney William Nardone was present on behalf of the application. He informed the Board that they are making an audio stenographic record of the public hearing and asked everyone to speak clearly into the microphone. He reviewed several exhibits for the record; a cover letter dated August 30, 2023 listing the number of items included. The letter and all the attached exhibits were noted in the record Ms. Letendre confirmed; an email from Atty. Nardone to Ms. Letendre dated October 11, 2023 with a copy of the Planning Report November

21, 2022 from Ed Pimental was marked Applicant’s 1.

Mr. O’Neil joined the meeting at 6:53 p.m.

Atty. Nardone reviewed recent conversations with the project team and a letter received from the Rhode Island Historical Preservation and Heritage Commission (RIHPHC). He said based on what they heard from the Architectural Review Board (ARB), and neighbors, including the neighborhood group Elm Street Cares, the applicant decided to modify the project in what they consider is a significant compromise. Atty. Nardone explained that the final decision was made at about 4:45 p.m. today and there are no plans prepared reflecting the changes, but he will explain them. Atty. Nardone said the entire project will be reduced from 54 to 43 units. They will also reduce the size of the new building, eliminating six units and redesigning the interior to remove them from the middle, moving the building farther away from the street. There will be green space in front of the building. The other thing they are doing is eliminating five units from the existing school building so there will be 18 versus 23 units. There will no longer be a planned elevator tower. Atty. Nardone said they plan to remove the School Street lot from this project. Mr. Hopkins left the meeting at 7:00 p.m. Atty. Nardone said all the changes require resubmitted plans and they want to be sure that the plans the Board sees will be the actual project. Ms. Letendre said the submission date for the November meeting has passed but she will work with the applicant to have a presentation ready for November 14. Atty. Nardone and his applicant agreed to a decision deadline extension to December 19 instead of December 17.

 

Ms. Letendre explained that today she received the executive opinion from RIHPHC. She reviewed the findings in the letter. She shared that the ARB had opined that the new building design was too commercial looking, and they would like the architecture to be reflective of the character of the area. The opinion letter from RIHPHC dated October 17 was marked Board’s Exhibit 1. An October 9, 2023, letter and attachments from Elm Street Cares was marked Remonstrance 1, a letter dated October 10, 2023 from Toby Coit, of 33 Elm Street, was marked as Remonstrance 2, a third letter dated October 10, 2023 marked was marked Remonstrance 3. Atty. Nardone requested copies of the letters.

Ms. Wilson said she would support a continuance so that the applicant can revise the plans and she feels it is important to address the comments related to the historic district. Mr. Hall asked for clarification on comments on the lots in the new proposal. Ms. Letendre said the property is in the Wilcox Historic District and adjacent to the Elm Street historic district and she believes comments are relative to residential aesthetics and open space preservation. Mr. Delisio appreciated the willingness of the applicant to scale back the project, however asked them to reconsider keeping the other lot involved in the project as green space. Mr. O’Neil echoed Board members’ comments and concerns and asked about how the reduction of units affects the parking plan. In response, Atty. Nardone said the reduction of units equals 14 bedrooms. Ms. Lentz-Madison appreciated the effort to revise the project and requested more green space in the design. Mr. Constantine said a reduction in density is appreciated and a response to neighbors’ concerns.

Ms. Letendre referenced page 13 of the Planning Office memo to the Board with some requests to the applicant that pervious surfaces and more green space should be addressed and a signage packet is needed. The status of a hydraulic report is still required from the Town’s consultant and Ms. Letendre will follow up with RIHPHC and the ARB advisory opinion will clarify some of the details of the future plan, as well. Project Engineer Sergio Cherenzia, principal of Cherenzia & Associates, LTD., said he met with the Town Engineer yesterday after reading comments from October 11. Atty. Nardone clarified that the applicant met with the neighbors, presented planned changes, and had discussions but did not reach an agreement about the plan.

The Planning Board took public comment. Complete audio of all public comments can be listened to via the Town of Westerly’s Web site.

Ed Marolda, of 40 Elm Street, spoke on behalf of the neighborhood group Elm Street Cares, and said he was contacted yesterday at 1:30 p.m. by the Town Planner to have a small meeting in the afternoon with Mr. Nardone. Mr. Marolda interpreted the session not as a meeting with the neighbors, but an advisement to the neighbors from the project team. He believes the applicant knew they were moving in the wrong direction, which is clear in the proposed revisions, but decreasing to 43 units is just 1 unit less than the original plan submission one year ago. Mr. Marolda gave the applicant credit for trying to scale back some of the buildings and create more green space, but the neighborhood group believes that it is still too high of a density.

Mr. Marolda asked if a resubmitted report by Ed Pimental dated December 2021 was a new record and if he should submit his comments again as related to the report. Ms. Letendre said he should as it is a new record. Mr. Marolda said the overarching concerns is density and impervious surface. He repeatedly referred to the Town’s Comprehensive Plan and the density bonuses. Mr. Marolda explained the State is incentivizing developers to have more low and moderate income (LMI) housing by giving density bonuses. He asked if the record would reflect that the group supports affordable housing, but it must balance the needs of the community. It is important but it cannot be at the risk of others in the community. He believes the benefit to LMI renters needs to be more closely analyzed as it appears that the units will come at only a modest rent reduction. Mr. Marolda shared that he listened to the audio from the August Planning Board meeting to review the developer’s justifications for the project and stated that Mr. Pucci said it was the most economically feasible plan to get the most out of the land, but he did not refer to LMI housing.

Fred Sculco, of 170 Avondale Road, Westerly, distributed a document to the Board, which was marked as Remonstrance 4 for the record. Mr. Sculco voiced his concerns for environmental changes and how new development impacts water quality. He expressed the opinion that the State is driving development and density to make more housing available, and it is not right for the State to do this to Westerly. He explained Westerly is at the end of the watershed and the end of the river and he personally thinks they need to fight every single infill or project that exceeds the current capacity of the wastewater sewage treatment facility. Mr. Sculco said the plan does not fit within the character of the neighborhood or address the environmental concerns. He suggested there should be an environmental expert for the Town as there are serious concerns when doing planning.

Phil Fitzpatrick, of 60 Elm Street, said the ARB pointed out that they need to know about mail and package delivery to the project and asked if the applicant could provide that plan for the November meeting. He stated that it was disingenuous for the applicant to keep using the Board’s time when they still have unclear plans. Mr. Fitzpatrick said the Board should not be held to a deadline that the applicant cannot meet. He said many citizens who came to hear about what the applicant intends to do, are leaving with more questions.

Tom Brielmann, of 43 School Street, Westerly, was encouraged that there was a sense of compromise from the applicant. He said he is speaking as a citizen, and not part of the neighborhood group, but School Street residents care, as well, as he has spoken to many of his neighbors. He had a copy of the ARB advisory opinion from earlier this year and read the suggestions on outdoor amenities. He noted with interest the applicant saying that “no children are expected to live at the housing,” which he referred to as “craziness.” Mr. Brielmann echoed some of the concerns as drafted in the ARB advisory opinion.

Vivian Barnett, of 25 Elm Street, reiterated the fact that the site they are talking about at the intersection of School Street and Elm Street, is of historical importance because it was the first Westerly High School. She said if the Board shirks its duty to uphold the Wilcox Historic District you establish a dangerous precedent. Mr. Hopkins returned to the meeting at 8:02 p.m.

Tara Whalen, of 44 Elm Street, asked if the new revised plan was going to be before the ARB. Ms. Letendre said at this juncture no, because much of what will be seen by the applicant is in response to the recommendations. Ms. Whalen said she was at the last ARB meeting, and they echoed the fact that the design was too hotel-like and she hoped that the architectural concerns are taken seriously and that is a huge part of the issue as to why the building is not fitting in.

Mr. Brielmann said at the beginning of the meeting it was stated that there would be a stenographic recording and asked if it would be provided to the public. He requested a copy of the transcript. Mr. Hopkins explained how to access Planning Board video via the Town of Westerly Web site as an alternative to the transcript. Mr. Hopkins asked the applicant if they would make stenographic minutes available to the public and Atty. Nardone said that the question is premature, because the applicant has yet to make a decision on whether a written transcript is even needed. Mr. Hopkins redirected Mr. Brielmann to the recorded meeting audio and reminded the public that meeting minutes are available as required in the Open Meetings Act.

Paula Ruisi, of 3 Shepherds Run, mentioned the Town Council meeting last night and how difficult it was to hear because of the acoustics and the microphones in Council Chambers. She said the Town has an obligation to make all the records and audio available.

Mr. Hopkins restated for the record the Town’s process for keeping records according to the Open Meetings Act. He said he takes issue with the inference that the Board is withholding information. He agrees with the comments on audio challenges within Council Chambers. Atty. Levesque reiterated that the applicant has not decided if they will incur the expense of a stenographic meeting record so they cannot answer if they can provide copies or not. He said the applicant has the right to make a recording and if the case becomes a legal proceeding have it transcribed. The transcript may eventually be provided and entered into the record of this hearing; at which time it will become public. Jane Brockmann, of 15 Spring Street, felt that since public comments are part of the record, the residents should have the right to verify what is written is accurate to what was said.

Atty. Nardone reserved further comments for the next month.

Ms. Lentz-Madison made a motion to continue the application to the November 14 Planning Board meeting. Mr. Delisio seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

G. ADMINISTRATIVE OFFICER’S REPORT (CTD)

1. Development Project Status Report (updated 10/10/2023) – Ms. Letendre said she could not get this circulated this month.

3.  Administrative Actions

·         2023-ADM-09 (0 Post Road) |Lots 96-14 & & 96-7

 

H. ASSISTANT SOLICITOR FOR PLANNING AND ZONING’S REPORT

1. None

 

I.  CONFIRMATION OF QUOROM FOR NEXT MEETINGS

1. November 7, 2023 Special Meeting at 5:00pm. Mr. Constantine said he would be absent.

2. November 14, 2023 Regular Meeting at 6:00pm

3. December 5, 2023 Special Meeting at 6:00pm. Mr. Delisio said he would be absent.

4. December 19, 2023 Regular Meeting at 6:00pm. Ms. Lentz-Madison said she would be absent.

 

J. ADJOURNMENT –

Mr. Constantine made a motion to adjourn the meeting at 8:20 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 11-7-2023