Planning Board – Meeting Minutes

Tuesday, February 20, 2024 - 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 Christopher K. Lawlor, Jack Armstrong, and Auxiliary Member Karen Lentz Madiso

 

Members absent:             Matthew O’Neil

 

Staff present:                   Assistant Solicitor for Planning & Zoning Atty. Scott Levesque, Town Planner Nancy Letendre, Principal Planner Aidan Adams, Information Technology Technician Lanny Fuller, Minute Taker Stephanie J. LaSota, and Town Solicitor William J. Conley.

 

C. APPROVAL OF MINUTES

 

1. January 16, 2024 and February 6, 2024 – The Board tabled the minutes until the next Planning meeting.

 

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. Hopkins asked that the Board consider moving agenda items F.1., E.3., E.2., and F.2. after item E. 1. in that order. Mr. Armstrong made a motion to change the agenda as suggested by the chairman. Mr. Delisio seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

E. OLD BUSINESS

 

1. 2023-DPR-02 – Development Plan Review – Champlin Woods - Modification to Section A - Phase II (Shore Road | Assessor’s Map 139, Lot 1D) Continuation of review, discussion, and possible action by the Planning Board on modification to a previously approved development for a multi-unit residential structure of 30 units with 60 bedrooms.

 

Ms. Letendre noted that the application is a continuation from January 16 and the applicant had returned to the Architectural Review Board (ARB) which provided an advisory opinion to the Planning Board for consideration. Ms. Letendre directed the Planning Board’s attention to the revised drawings and comments on the area between the new building and the community clubhouse. Attorney Thomas Liguori was present on behalf of the applicant along with Teresa Transue, of Cherenzia & Associates, LTD, Pawcatuck. Atty. Liguori said he believes the ARB and staff are satisfied with the revisions to the plan. He noted concerns about the use of a parking area in an already developed area. The applicant agreed with the ARB that they had sufficient parking for the new area so the new building does not need it. He said there was a complaint that a portion of the roadway is deteriorating so his client will replace the finished course at the conclusion of construction.

Mr. Constantine said he was absent from the January 16 meeting but has watched the recorded video. Mr. Delisio had no criticism of the landscape plan and said everything looked good. Mr. Lawlor asked if there are any plans to plant trees. Brian Kent, the project’s landscape architect, said prior to the recent planting revisions they created a comprehensive landscape plan, which included quite a few shade trees. In the area of discussion, between the new building and club house, there is a lilac tree. He said there are more than a dozen large species of trees on the whole development.

Foong-yi Lin, president of the Champlin Woods Condominium Association, asked about the entrance from Champlin Circle to the future development. The entrance also veers down to building 9. She asked if the entrance could be closed off to building 9 to deter residents and visitors to the new building from using the lot.

Atty. Liguori responded to Ms. Lin that there is a low likelihood that anyone from the new building would park in that lot as it is a lower elevation than the building and they have more than enough parking.

Mr. Delisio made a motion that the Westerly Planning Board hereby approves Application ‘2023-DPR-02 –Preliminary Review – Champlin Woods - Modification to Section A - Phase II (Shore Road | Assessor’s Map 139, Lot 1D),’ in accordance with the application and supporting materials including the entire Set of Plans prepared by Cherenzia & Associates, Ltd. titled, "Champlin Woods Site Development Plans (Modification of Section A -Phase II, Issued for Permitting," Sheets C-0, C1, C-2, C-4, C-6, C-6A, C-8, C-9, C-10, C-11, C-12 & C-13, dated November 29, 2011, latest revision January 24, 2024; and Architectural Plans prepared by QA+M Architecture, sheets A 1.00, A 1.10, A 1.11, A 1.12, A 1.20, A 1.21, A 1.22, A2.10, & A2.20, dated April 25, 2023, revised January 25, 2024; and Landscape Architectural Plan -prepared by Kent + Frost, dated September 20, 2023, revised February 13, 2024, including the Findings of Fact:1. All development standards contained in Article XII of the Zoning Ordinance will be met through this application. 2. The Development Plan meets the applicable standards in §260-45F. 3. The Development Plan is consistent with the 2020-2040 Town of Westerly Comprehensive Community Plan. The motion also includes the following Conditions of Approval: 1. Final Plan approval may be administrative. 2. All lighting, existing and new shall be dark sky compliant and illumination shall be limited to within the development area Mr. Constanine seconded the motion. The motion CARRIED by unanimous vote with an abstention from Mr. Armstrong who was absent from previous hearings on the application.

 

F. NEW BUSINESS

 

1. 2024-ATC-1 RETAIL CANNABIS Review, discussion, vote and a possible continuance by the Planning Board on consideration and recommendation to the Town Council on the amendment of the Zoning Ordinance providing retail cannabis by special use permit.

 

Ms. Letendre said this item was referred from the Town Council to the Planning Board. She described some of the details of the Zoning Ordinance amendment. She said Town staff has some questions regarding the section and those notes have been highlighted for the Board’s review. There was no public comment on the agenda topic.

 

Attorney William Nardone, spoke on behalf of an applicant who would be affected by the amendment. He listed the zones where sales would be allowed by special use permit; Downtown Commercial 2, Highway Commercial, General Commercial, Light Industrial, and General Industrial. He had no concern with the Town Planner’s. Mr. Lawlor suggested consideration be given to commercial areas not adjacent to residential neighborhoods and expressed concern regarding the impact on the Route One Corridor. Mr. Armstrong asked why there were seasonal hours of operation. Mr. Constantine agreed with Mr. Armstrong that the hours should be the same year-round and the same as with liquor stores. In a poll of the Board members, Ms. Lentz-Madison, Mr. Delisio, and Mr. Hopkins would send the amendment to Town Council as written and Mr. Constantine, Mr. Armstrong, and Mr. Lawlor would suggest changing the hours of operation. Ms. Letendre suggested a continuance to the March 5th meeting for more information.

Ms. Lentz-Madison made a motion to continue the matter to the March 5 Planning Board meeting. Mr. Armstrong seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

3. Route One Corridor Status - Comprehensive Plan Amendments The Planning Board will discuss proposed revisions to the Comprehensive Plan resulting from the Route One Corridor Study and direct staff.

 

Ms. Letendre reviewed the history of the Route One Corridor Study creation and the current status for Mr. Armstrong and Mr. Lawlor. She provided a PowerPoint presentation and a review of the written amendments to the plan. The Planning Board was asked to make a recommendation to the Town Council so they can move forward with a workshop and a public hearing.

Mr. Hopkins said he would like to see on a future agenda time to discuss a schedule to review Zoning Ordinance revisions and to move what they have forward so the Planning Board can begin to dissect action items.

Mr. Delisio made a motion that they send the Westerly Comprehensive Plan amendments to the Town Council as written for their review. Mr. Constantine seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

The Planning Board took a recess at 7:07 p.m. and reconvened the meeting at 7:13 p.m.

 

2. 2024-ATC-01 – Zoning Amendment – Golf Resort Overlay District & Zone Change (several parcels associated with 184 Shore Road| Assessor’s Map 141, Lot 94 & A.P. 119, Lots 3P, 5E3; A.P. 129, Lot 2; A.P. 130, Lots 4, 6; A.P. 140, Lots 4, 10, 13; A.P. 141, Lots 25, 95, 191) Discussion, vote, and a possible continuance by the Planning Board on consideration and recommendation to the Town Council on the amendment of the Zoning Ordinance creating a new zoning overlay district regulating a golf resort.

 

Economic Development Commission (EDC) Chairman Doug Brockway and former EDC chairman Jim Torres were present. Mr. Brockway recapped the process taken in and the support it received before sending it to the Town Council. He reviewed the negotiation process for creating the present proposed amendment to the Zoning Ordinance, a new zoning overlay district regulating a golf resort. Mr. Brockway said they need support from the Planning Board and Town Council.

Mr. Brockway introduced Sue Strauss, of Keep Westerly Green. Ms. Strauss read into the record the mission of Keep Westerly Green, which includes preserving and enhancing Westerly’s open space and natural resources. She said KWG is seeking to reach a compromise that is a win for all parties involved.

 

Mr. Brockway introduced Nick Scola, owner of Winnapaug Golf Course. Mr. Scola expressed interest in a compromise and said, “at the end of the day it could be a great project”. Mr. Torres expressed the need to “stay on track”.  He stated the need to attend the February 26 meeting of the Town Council to receive authorization for the Planning Board to continue discussion on March 5. Mr. Brockway emphasized the timeline needs to be maintained, and the applicant will continue the LMI proposal scheduled for the March 5 Planning Board public hearing.

Mr. Lawlor compared the former and current proposed amendments and asked clarifying questions. There was discussion on the 150-foot area around the current lots of the golf course to allow for less density on the course itself. Mr. Brockway said this detail is designed to provide flexibility to Win Properties as they agreed to put the lowest number of structures on the course, but the applicant needed flexibility to add units and that is why they created the curtain around the perimeter of the course.

There was further discussion on the terminology in the ordinance, Westerly’s need for employee housing, and the maximum height of the hotel.

Mr. Torres said the master plan is coming and the agreement was if the applicant saw positive movement they would create a plan. There was further discussion on the timeline of the process. Mr. Torres said they do not need a master plan to approve an ordinance, but they need enough details and understanding of what the project is. Mr. Constantine said he would like more details before deciding about the zoning ordinance.

Ms. Letendre suggested things happen simultaneously; an EDC initiative of the Zoning Ordinance, a Zone change following the appropriate application for a Zone change. She suggested filing an application for zone change and be specific how the overlay would be imposed and what lots may be affected by the 150-foot buffer detail and what the ownership is of those lots.

Ken Hammond, of 1 South Fairway Avenue, said he thinks the project is moving too fast. He expressed his concerns and wanted more information about if Westerly infrastructure could handle a project like this and asked the Board to address these issues.

Margaret Fusaro, 15 Wicklow Road, a member of Keep Westerly Green, said their primary goal is to preserve the golf course. She said the Planning Board should be looking into the implications of the plan before the Zoning amendment goes to the Town Council and Keep Westerly Green wants conversations to continue.

Christine Liguori, a previous abutter to the golf course, said in her experience with projects and planning, a feasibility study should be done first. She shared her concerns that the project may affect traffic and create issues with circulation on local roads.

Mr. Lawlor responded to Ms. Liguori that much of what needs to be done is a study on potential effects to the town, roads, water, and sewer and he had given a list to the Town Planner of what needs to be addressed. He assured the public that the Board would not overlook anything. Mr. Brockway agreed and said these meetings now only give permission so that detailed examinations can start.

Mr. Hopkins asked the Board if this amendment is something they can work with getting more detail in the future. Mr. Armstrong said he felt positive about the direction but concerned about the potential 2,300 LMI unit project in process by the Scolas if the logistics of the amendment do not work.

Atty. Conley said should the Board move the Zoning amendment forward, it does not jeopardize the Board’s authority or review over the development process. He said the process is subject to all the details of the application process and State and local regulations. Mr. Delisio said he thinks considering the work of the EDC and Keep Westerly Green, the Board should move it forward to the Town Council so it can come back to them. Mr. Constanine questioned approving this amendment without knowing the details of a development plan. There was some further discussion of the process and at 8:19 p.m. Mr. Armstrong made a motion to suspend discussion on the Zoning amendment until after the next application review with Winn Properties. Ms. Lentz-Madison seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

The Board returned to the discussion at 9:27 p.m. Mr. Lawlor asked if the applicant could create a visual with the 150-foot buffer detail and Mr. Brockway said it is a requirement for the March 5 meeting. Atty. Conley said the Ordinance presented tonight is appropriate and it is not a legal impediment if the Board proceeds despite the lack of a map. It was said that legal notice of the development would be given to all abutters, including those within 150 feet of golf course. All properties within 200 feet of property will receive notice. There was general discussion on the implication for other properties that may want to do something similar.

Mr. Delisio made a motion that the Planning Board endorse the zoning text amendment and send it to the Town Council for review so that it can return to the Board on March 5. Mr. Armstrong seconded the motion. In discussion, Mr. Constantine said he does not want to give the impression to the Town Council that all Planning Board members agree with the potential numbers of future projects as listed in the amendment. He suggested it not sent with an endorsement. Mr. Delisio argued that the most concerned party in the process was Keep Westerly Green and they have been working closely with the Scola family and EDC members to come to a compromise and they approve the text amendment.

Ms.  Letendre expressed the need  to pass it to Town Council to inform them of the process and receive approval for the Planning Board to continue the discussion on March 5. Mr. Armstrong and Mr. Delisio withdrew the second and the motion on the table. Mr. Torres reminded the Board that there are three conditions on which the LMI affordable housing project will get suspended or continued; one was to bring Keep Westerly Green into discussions to come to an agreement, the second was to receive an endorsement by the Planning Board and to submit it to the Town Council so they can move forward to publicly post it, and three was to get Town Council to approve the amendment. There was further discussion about the process for moving forward with the motion.

Mr. Constantine made a motion to continue the Zoning amendment discussion to March 5 with a recommendation to the Town Council that they are in general agreement with the framework of the Ordinance changes but the Planning Board is interested in more details regarding some of the numbers within the framework and they expect more information from the applicant at the March 5 meeting. Mr. Hopkins said he thinks the Zoning amendment must be workshopped by the Town Council first before it comes back to the Planning Board on March 5. Mr. Torres suggested that the Town Solicitor guide the Planning Board through the process of the motion.

Atty. Conley said the discussion seems to address two different approaches to bring it to Town Council and the distinction between the two approaches is that the first approach recommends to the Town Council that the Zoning amendment be referred to the Planning Board again so that the Board may through its normal process. There was some clarifying discussion on the motion. Atty. Conley said his understanding was that the Board was considering a motion that would recommend this Zoning Amendment – Golf Resort Overlay District & Zone Change to the Town Council for its consideration and referral to the Planning Board so that the Board may proceed with the normal process under the State law and local regulations.

Mr. Lawlor made the motion as stated by Atty. Conley; that the Planning Board would recommend this Zoning Amendment – Golf Resort Overlay District & Zone Change to the Town Council for its consideration and referral to the Planning Board so that the Board may proceed with the normal process under the State law and local regulations on March 5. Ms. Lentz-Madison seconded the motion. In discussion, Mr. Delisio restated that the original action request by the EDC was to endorse the amendment to the Town Council and that the primary involved parties, the applicant and Keep Westerly Green, were compromising and working together for months on this amendment. Mr. Hopkins agreed with him and said that is why he is voting yes to the motion as stated by Mr. Lawlor.

 

There was no further discussion on the motion. The motion CARRIED by unanimous vote with no abstentions.

 

2. 2024-MJLD-01 Pre-application Review – Winnapaug Golf Course Resort (several parcels associated with 184 Shore Road) Review and discussion only by the Planning Board on request for a Pre-Application Review of a Golf Course Resort.

 

Present for the application was Nick Scola, of 189 Watch Hill Road, owner of Winnapaug Golf Course, along with Jill Scola, owner of Winn Properties. Mr. Scola presented a proposal for a hospitality project on the golf course and explained his goals for the property. Mr. Lawlor asked some questions about the plan. Mr. Scola said they have already spoken with Rhode Island Airport Corporation (RIAC) about suite locations. He said there is 500 feet of frontage in front of the clubhouse area and plenty of space there for parking for golfers. There was discussion about potential employee housing. Mr. Scola said the project would be developed over a significant amount of time, like 10 years. Mr. Lawlor asked where off-course housing would potentially be. He said they own properties peripheral to the golf course within 150 feet and it is an option. Mr. Armstrong asked if off-site housing could be purchased by members and Mr. Scola said it is a mandate to be a member. He would like to sell proposed units individually. Mr. Scola said some of the limited suites or studios within the resort may be for sale.

Ms. Letendre asked if there is agreement in rezoning other properties he owns. Mr. Scola said the purpose of using the peripheral properties is to make the on-course project less dense, like the neighbors want and they are trying to accommodate that. Mr. Lawlor asked Ms. Letendre to elaborate on her concerns if the boundary was extended 150’.  Ms. Letendre noted the proximity to the airport, changes of use in the general industrial zone, sensitivity of the pond, the area owned by the Audubon Society asking There was further discussion on the implications for this detail within the text amendment. Ms. Strauss returned to address questions from the Board about Keep Westerly Green’s opinion. She said the 150-foot buffer detail was a compromise to move some buildings off the golf course property so it was not as congested. Mr. Torres reviewed the historical process of creating the text amendment proposal with the neighbors.

At 9:27 p.m. the Planning Board ceased discussion on this item and Mr. Delisio made a motion to return to the discussion on the suspended item, the Zoning Amendment – Golf Resort Overlay District & Zone Change. 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

 

2.       Administrative Actions

 

· Lot line change between 38 Beatrice Street & 3 Terry Circle

 

H. ASSISTANT SOLICTOR FOR PLANNING AND ZONING’S REPORT

 

There was no report.

 

I. CONFIRMATION OF QUOROM FOR NEXT MEETINGS

 

1. March 5, 2024, Special Meeting at 6:00pm Continuation of 2023-LMIH-04 – Master Plan Review – Winnapaug Residences Comprehensive Permit - Multifamily Residential (several parcels

associated with 184 Shore Road)

 

J. ADJOURNMENT –

Mr. Armstrong made a motion to adjourn the meeting at 9:56 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 TBA