Town of Westerly

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PLANNING BOARD MEETING

A. CALL TO ORDER

Mr. Constantine called the meeting to order at 6:03 p.m.

 

B. ROLL CALL AND ATTENDANCE

 

Members present:           Vice Chair Richard W. Constantine, Secretary Andrew Delisio, Members Tabitha Harkin, James Hall IV, Matthew O’Neil

 

Members absent:             Chair Justin M. Hopkins, Member David A. Giorno, and Auxiliary Member Karen Lentz Madison

 

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 – Mr. Delisio made a motion to approve the June 20, 2023 Planning Board meeting minutes as submitted. Mr. O’Neil seconded the motion. The motion CARRIED with an abstention from Ms. Harkin.

 

2.       July 18, 2023 – There was no quorum present to approve the minutes.

 

3.       August 15, 2023 – There was no quorum present to approve the minutes.

 

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.

 

            Ms. Letendre said the RIPDES (Rhode Island Pollutant Discharge Elimination System) permit was received this week. Staff recommended a few items be made conditions of preliminary plan approval and are listed in the staff memorandum to the Board.

Present for the application was Attorney William Nardone, offices at 42 Granite Street, Westerly. He said the results of additional soil investigations returned clean and the State approved the RIPDES permit. A physical alteration permit is about to be issued by RIDOT and can be made a condition of final approval. He requested approval with final approval being administrative. Mr. Constantine asked if the exterior lighting is dark sky compliant. He said there was a lighting study provided in the first meeting showing that it was dark sky compliant. Jeffrey Augeri, structural engineer for the project, was also present. There was no public comment.

            Mr. Delisio made a motion that the Westerly Planning Board hereby approves with conditions Application ‘2022-MNS-01– Preliminary Plan - Minor Subdivision & Minor Land Development– Airport Road Industrial Park (62 Airport Road | Assessor’s Map 118, Lot 17),’ in accordance with the application and supporting materials including the entire Set of Plans titled “Airport Road Commercial Park, Assessor’s Plat 118, Lot 17, 62 Airport Road, Westerly, Rhode Island,” including 10 sheets, dated April 2023, prepared by ARM Engineering, Inc., and Architectural Plans titled ‘Airport Road Commercial Park, 62 Airport Road, Westerly, Rhode Island,’ prepared by Azzinaro Architects Associates, Inc., dated April 11, 2023 as written in the September 11, 2023 Planning staff memorandum to the Board, marked Board’s Exhibit, which also contains a number of conditions and findings of fact to be incorporated into the motion. Mr. Hall seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

F. NEW BUSINESS

 

1. 2023-DPR-05– Development Plan Review – Premier Physical Therapy Addition (50 Airport Road | Assessor’s Map 108, Lot 17) Review, discussion, and possible action and/or continuation to a future meeting by the Planning Board on a Development Plan Review of an addition to an existing physical therapy building.

 

The Planning staff memorandum detailing the project dated September 11, 2023 for the September 19 meeting was marked Boards Exhibit 1. Ms. Letendre gave a brief introduction to the project.

Project engineer Anthony Nenna, principal of On-Site Engineering, Inc., Westerly, was present on behalf of the application with Justin Gwaltney, the applicant and physical therapist at the business. Mr. Nenna described the project to the Board.

Mr. Nenna located the erosion control measures on the site and described how it is planned. Mr. Hall asked what solution there could be for condition 3 of adding plants. Mr. Nenna explained the challenges of that area. There are bollards in front of it to safeguard vehicles. Ms. Letendre said she is comfortable removing condition 3. Mr. O’Neil asked clarifying questions on the utilities and roof of the project. There was no public comment.

Mr. Hall made a motion that the Westerly Planning Board hereby approves Application ‘2023-DPR-05– Development Plan Review – Premier Physical Therapy Addition (50 Airport Road | Assessor’s Map 108, Lot 17),’ in accordance with the application and supporting materials including the entire Set of Plans titled “Plan Showing Proposed Site Improvements, Prepared for CAK Properties, LLC, 50 Airport Road – Plat 108, Lot 17, Westerly, Rhode Island,” including 2 sheets, dated August 30, 2023, prepared by On-Site Engineering, Inc., and Architectural Plans titled ‘Addition Plans, Prepared For: CAK Properties, LLC, 50 Airport Road, Westerly, Rhode Island,’ dated January 20, 2023. Mr. Delisio seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

2. 2023-MNS-02 – Preliminary Plan Review - Bick Minor Subdivision (170 Potter Hill Road | Assessor’s Map 8, Lot 4) Review, discussion, and possible action and/or continuation to a future meeting by the Planning Board on a Preliminary Plan Review of a minor subdivision of 2 lots.

 

Ms. Letendre described the subdivision for residential purposes, authorized by the Zoning Official. The Planning staff memorandum has a suggested decision with four conditions of approval. It was entered into the record as Board’s Exhibit 1.

Present for the application was Sherry McCloskey, mother of the applicant, Bridget Bick. She explained that they would like to subdivide the land to build a 1,000 square foot single dwelling home to live near their daughter. Her daughter owns the five-acre property with her husband. They intend to put the property in a trust for the children in the family. She said her son-in-law’s brother also recently bought a house in Westerly and they have family in the area. She feels very strongly about being a positive part of the community. Ms. Harkin asked if the driveway will be paved or gravel. Ms. McCloskey said it will initially be gravel. She said there is one neighbor in proximity to them, adding that the property abuts the land trust so there are no close neighbors affected by the subdivision. Mr. Hall asked if they could speak to the neighbor. Ms. McCloskey said the cosmetics of Christian Hill Road will be kept as natural as possible.

Ms. Letendre said she will provide Ms. McCloskey with the remaining requirements for the final plan approval this week.

Ms. Harkin made a motion to approve with conditions the Preliminary Plan of the Town of Westerly Planning Board approves, with conditions, the Preliminary Plan for Planning Case No. 2023-MNS-02 – Preliminary Plan Review – Bick Minor Subdivision (170 Potter Hill Road | Assessor’s Map 8, Lot 4) in accordance with the application and supporting materials including; the Site Plans titled “Preliminary Plan, Minor Subdivision Plan, “The Bick Plat” Prepared for Adam and Bridget Bick | A.P. 8 – LOT 4, 170 Potter Hill Road, Westerly, Rhode Island;” dated June 27, 2023; prepared by East Greenwich Surveyors, LLC. with the conditions as listed in Board’s Exhibit 1. Mr. Hall seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

3. 2016-LMIH-01 – Performance Bond Reduction – South Drive Condominiums (South Drive Terminus/Abbey Lane) | Assessor’s Map 97, Lots 131 & 136A) Review, discussion, and possible action and/or continuation to a future meeting by the Planning Board on a petition requesting reduction of a performance bond for Phase 1 and Phase 2 of construction of a condominium development currently under construction.

 

Ms. Letendre said staff did receive some more information Friday and the recommendation is incorporated into the Planning staff memorandum dated for tonight’s meeting marked Board’s Exhibit 1. Page one and two of the received spreadsheets distributed tonight were marked Applicant’s 1 evaluation and on that same sheet on page two was Town Engineer Kyle Zalasky’s review of the same document marked Applicant’s Exhibit 2. There were a few items Mr. Zalasky had concerns with, originally part of Mr. Sacco’s request, that were explained in the memorandum and staff recommends approval of the draft motion on page two of Board’s Exhibit 1. Ms. Letendre asked that the one condition of approval be provided by October 15.

Present at the meeting was the applicant, Peter Sacco, who shared concerns about items 1, 2, 3, and 4 on the first sheet. He questioned the Town’s right to increase the original bond price. The original bond was dated January 2018, Ms. Letendre said. She said the Engineering Department thought it was fair to include a 15 percent increase. Mr. O’Neil clarified that phase 1 is completed and phase 2 is almost completed and phase 3 is yet to be completed. Ms. Letendre said the main concern is that the plan itself does not contain all the information needed and is not an as-built plan. There was discussion about the inspection report. There was disagreement with the applicant and the Planning staff on what the plan still required. Further conversation ensued about the future of the road in the development, which will remain private. Mr. O’Neil said that the as-built plan needs the location of the road. Mr. Sacco said the locations can be on the final plan, but he argued that the Town does not use the as-built plan and they already use a plan that marks the sewer. Peter Sacco clarified that the measurements are permanently held in the public utility department, and it is a Town obligation to come mark utilities whether it is a public or private road. Mr. Delisio emphasized that the Board must go by the Town Engineer’s recommendation.

Atty. Levesque said there is a request for bond reduction and there is a staff recommendation for the conditions of the reduction. The applicant asked if they could approve the reduction now and provide the information in a month or two months. He said if the Town Engineer feels a further reduction is in order and the applicant applies for one then yes. Mr. Sacco claimed that they have had difficulty communicating with the Town regarding decreasing the bond incrementally. Ms. Letendre said an application for bond reduction was not received until the end of August and it was placed on the first agenda they could. Mr. Hall asked if Mr. Sacco was informed that they could bring an expert to the hearing to challenge the recommendation. Mr. Sacco said he would say that the as-built map is the expert testimony. Mr. O’Neil agreed that it does not contain the information necessary, and it is more like a progress drawing. Mr. Sacco said they will return to the Board for a further reduction in the bond when they have the information they need.

Mr. Delisio made a motion that the Westerly Planning Board approve with conditions a reduction in the performance bond in the amount of $779,315.04 of the total remaining performance bond to remain in place as of September 30, 2023 shall be $749,206.27 and the Planning Board hereby directs Planning staff to coordinate with the Director of Finance to reduce the bond to the agreed upon amount with the listed conditions of approval. Mr. Hall seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

The Planning Board took a recess at 7:15 p.m. The meeting reconvened at 7:22 p.m.

 

4. 2022-2023 Annual Report Review, discussion, and possible action and/or continuation to October 3rd meeting by the Planning Board on an annual report prepared for the Town Manager and Town Council.

 

            Ms. Letendre explained the report distributed to the Board. She provided an overview of the contents and asked the Board to send any comments to her prior to the October 3 special meeting so that they can be sent to the Town Council. Members not in attendance tonight were already directed to review the report and submit commentary. She said many items were accomplished in year one and two of the Comprehensive Plan and with some near future Economic Development Commission (EDC) review they will pinpoint the progress already made. At an October 6 Southern New England Program (SNEP) conference in New Haven, Ms. Letendre, Gina Fuller of the Southern Rhode Island Conservation District (SRICD), and consultants from Fuss & O’Neil will present the Downtown stormwater project. Fundraising for the project continues. On November 7 there will be a review of the Zoning Ordinance amendments specifically with respect to Comprehensive Permits and housing and the Board will be asked to make a recommendation to the Town Council for their adoption. Ms. Letendre asked the five attending Board members if they are confident about her review and discussion. She added that the Federal Emergency Management Agency (FEMA) requires that every six months the Hazard Mitigation Committee gather and review the plan. She wanted to add that the Planning Board supports any work to the plan in a timely manner. The Planning Board considers the hazard mitigation plan implementation a priority. On October 3, Planning staff will bring most of the draft amendments to the Comprehensive Plan to be discussed. An application for technical assistance was submitted to Rhode Island Housing based on a proposal the Town created with Camoin, of Saratoga Springs, New York. Westerly is at 4.7 percent low and moderate income (LMI) housing out of the 10 percent State-mandated goal. A strategic housing plan is slated to be completed by May 2024. Mr. Constantine referenced the top of page 5 on neighborhood plans. Ms. Letendre provided a status of that effort and suggested it may be something with which a future intern could assist. Mr. Constantine asked that it remain a high priority. Mr. Hall stressed the importance of the Comprehensive Plan in assisting with the Town subcommittees as the action items inform the volunteers and help them to look objectively at what is in the best interest of all the citizens. Mr. Hall reinforced the importance of educating all subcommittee members on the Comprehensive Plan to inform decisions.

 

G. ADMINISTRATIVE OFFICER’S REPORT

 

1. Development Project Status Report (updated 9/12/2023) provided. No discussion.

 

1. Westerly Marina Update – Ms. Letendre said phase two of the environmental assessment is complete and there is a remediation plan and survey happening. Mr. Hall said aquatics studies need to be completed as soon as possible, as well as sonar studies to map the bottom and determine dredging for docks.

 

2. Route 1 Corridor Update – There was no discussion.

 

3. Affordable Housing Update – On October 25 there will be an ad-hoc affordable housing committee meeting to discuss housing and LMI issues, presented by Ms. Letendre.

 

4. National Preparedness Month (Sept 2023) – There is a link embedded into the agenda with information for the Board to review.

 

5. Administrative Actions

 

· Administrative Subdivision – Ms. Letendre said there was only one administrative subdivision in this time, but she anticipates more after the 1st of the year. They are still investigating a quicker and less expensive way to do a lot merger than having to require a whole site survey. She said if there are any ideas how to do this via deed, let her know as there are many requests for lot mergers in the Planning Office.

 

H. ASSISTANT SOLICTOR FOR PLANNING AND ZONING’S REPORT

 

            There was no report.

 

 

I. CONFIRMATION OF QUOROM FOR NEXT REGULAR MEETING

 

1. October 3, 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:

· Hour 1 – Horsely Witten Group – Presentation of Regulation Changes to promote LID.

· Hour 2 – Discussion of Inclusionary Zoning and Comprehensive Permit ordinance revisions and direction to staff.

· Hour 3 – Discussion of Route One Corridor Comprehensive Plan Amendments and direction to staff.

· Planning Board Annual Report finalization.

 

2. October 17, 2023 Regular Meeting at 6:00pm 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):

· 24 Frontage Road Industrial Storage Building - DPR

· 37 Canal Street 3-Unit Residential - Comprehensive Permit – Combined Master & Preliminary Review

· 26 & 28 School Street Trendsetter Multi-Family Development - Comprehensive Permit - Combined Master & Preliminary Review

· Capital Improvement Program (CIP) Introduction

 

 3. November 7, 2023 Special Meeting at 6:00pm

· CIP Presentation by Town Manage & Finance Director

· Discuss Meeting Calendar for 2024

· Review of Zoning Ordinance Amendments and Recommendation to Town Council

· Review of Subdivision Regulation Amendments and schedule public hearing

 

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

· Approve meeting calendar for 2024.

 

 5. December 5, 2023 Special Meeting at 6:00pm

· CIP discussion and recommendation to the Town Manager

· Public Hearing on Subdivision Regulation Amendments and Board adoption

· Continued discussion of Route One Corridor Comprehensive Plan Amendments and direction to staff.

 

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

 

J. ADJOURNMENT – Ms. Harkin made a motion to adjourn the meeting at 8:10 p.m. Mr. O’Neil seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

Respectfully submitted,

 

Stephanie J. LaSota

Minute Taker