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Planning Board – Meeting Minutes
Tuesday, July 16, 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 orderat 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 Matthew O’Neil, Christopher K. Lawlor, John Armstrong, and Jean Gagnier, and Auxiliary Member Karen Lentz Madison
Members absent:
Staff present: Assistant Solicitor for Planning & Zoning Atty. William Conley, Town Planner Nancy Letendre, Information Technology Technician Lanny Fuller, and Minute Taker Stephanie J. LaSota
C. APPROVAL OF MINUTES
1. June 18, 2024 – Mr. Delisio made a motion to approve as submitted the June 18, 2024 Planning Board meeting minutes. Mr. Lawlor 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.
Mr. Hopkins asked the Board if they could hear item F1 before old business. Mr. Gagnier made the motion to change the agenda as stated by Mr. Hopkins. Mr. Armstrong seconded the motion. The motion CARRIED by unanimous vote with no abstentions.
There were technical difficulties with the meeting’s video recording at 6:03 p.m. so the meeting was paused and reconvened at 6:11 p.m. At that time, Mr. Hopkins reviewed what had already been completed on the agenda.
Mr. Gagnier made a motion that item F3 on short term rentals be moved ahead of item F2. Mr. Armstrong seconded the motion. The motion CARRIED by unanimous vote with no abstentions.
F. NEW BUSINESS
1. 2024-LMIH-04 – Pre-Application – Comprehensive Permit – Trombino Pleasant Street Multi-Family Residential Development (79 & 83 Pleasant Street | Assessor’s Map 46, Lots 40 & 41) The Planning Board will engage the applicant in a discussion of the proposed project, ask questions and provide feedback. The Board may take public comment.
Present on behalf of the application was Attorney William Nardone, with offices at 42 Granite Street. He reviewed the details of the multi-family residential development project, which will accommodate parking for 14 cars. He said stormwater management will be on site and construction completed in two phases. Teresa Transue, of Cherenzia & Associates, LTD., Pawcatuck, CT and project architect Paul Azzinaro, principal of Azzinaro Architects and Associates, inc., Westerly, were also present. There was discussion about the deed restricted low and moderate income (LMI) units in the project. Mr. Lawlor asked the applicant to consider potential flooding issues in this area. He asked them to consider increasing the number of LMI units. He said any work to the property will benefit the neighborhood. There was some discussion that the existing stone walls and other unique features shall remain or be relocated and the front walls may be enhanced. Mr. Armstrong asked how the LMI housing would be distributed in the project. Ms. Transue said that has not been decided yet and is usually up to RI Housing and when units are completed it will be in phases. Mr. Constantine suggested they increase the pervious surface area. Ms. Transue replied that they may incorporate crushed stone or pervious pavers into two parking spaces near the stormwater basin. Mr. Hopkins said he has concern about parking spaces so close to the street and suggested the closest space could be used for pervious surface area. Atty. Nardone said they applied to Rhode Island Housing for LMI eligibility.
E. OLD BUSINESS
1. 2023-LMIH-04 – Master Plan Review – Winnapaug Residences Comprehensive Permit - Multifamily Residential (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) Review and vote on a possible decision by the Planning Board on a Comprehensive
Permit.
Ms. Letendre reviewed that the decision is before the Board and based on discussion from the last meeting. Atty. Conley said it is a phased project and there is a section of the State law providing how many permits address this application. Mr. Gagnier suggested that this application may be inconsistent with State law and made a motion that it be withdrawn. There was extensive discussion about this. Ms. Letendre and Atty. Conley agreed it is not inconsistent with State law. Mr. Gagnier withdrew his motion. Ms. Letendre reviewed that the document of a draft motion of denial of the project, dated July 16, 2024, has been marked as Exhibit 1 and has been distributed to the Board, the applicant, and Keep Westerly Green.
Mr. Delisio made a motion that the Westerly Planning Board deny 2023-LMIH-04 – Master Plan Review – Winnapaug Residences Comprehensive Permit - Multifamily Residential (several parcel 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) and denies all requested relief from Zoning in accordance with the findings as prepared in Exhibit 1 dated July 16, 2024. Mr. Constantine seconded the motion. The motion CARRIED by unanimous vote with no abstentions.
2. Rules of Procedure Review, discuss,and action on proposed amendments.
Atty. Conley left the meeting at this time 6:33 p.m. Attorney Scott Levesque joined the meeting at this time. Ms. Letendre reviewed the proposed amendments. Mr. Armstrong commented on the signature process in item 23. There was more discussion on the history of this process. Mr. Armstrong noted the items he was interested in editing, 25, is acceptable. Mr. Gagnier noted item 21, and confirmed that submission of application and materials just deals with the applicants and not Board members. Ms. Letendre said there are a significant number of changes because the list has not been done since December 2021 and there have been many changes to the Planning Board, the Planning Office, and to State law since that time. She described the motivations for the edits. A spelling error was noted in number 21. There was discussion on the capital improvement plan (CIP) program on page 7 number 26. The Town is still working on a process. Ms. Letendre said there is a new finance director and they are also investigating potential charter revisions to help this process to coordinate better with the Finance Board. The Planning Office will continue to work to receive items sooner and improve process annually. It was said that Mr. Armstrong, Mr. Lawlor, and Mr. Gagnier worked on the related proposal and it calls for all committee and Board chairs to set the tone for a long term budget. This charter revision will be voted on in the fall. A Finance Board status report on all ongoing projects is also part of the charter revision. Mr. Armstrong said his recollection is that there is a requirement for the Planning Board to do a site survey with department heads of ongoing projects. There was discussion on this topic. Mr. Hopkins said the Board needs to ensure they are not missing a step with in-person review. Ms. Letendre said she will confirm and add information on this if needed. It was noted that item 23 will revert to its original language.
Mr. O’Neil made a motion to accept the revisions to the Planning Board Rules of Procedure with the exception to the changes of 23, which will revert to original. Mr. Armstrong seconded the motion. The motion CARRIED by unanimous vote with no abstentions.
F. NEW BUSINESS
i. Administrative Officer’s Memo
3. 2024-ATC-02 – Short Term Rentals Review, discuss, and possible action on Town Council referral to the Planning Board.
Ms. Letendre reviewed the details of the document the Board received from Town Council. This subject is not in the Zoning Ordinance, but in Chapter 135 of the Town Code. The Camoin Associates housing study recommendations were explained in terms of doing a Zoning revision. Ms. Letendre suggested that the Town Council’s suggested fee increase is appropriate and it is in line with what other communities are charging, but she disagreed with the other two proposals, explaining why. There was extensive discussion on the items. She said that they need to explain to the Town Council that they are not accomplishing what they think and that any Zoning revision must be applied to the Zoning Ordinance. Mr. Gagnier suggested the Board make a motion that the fee change is good but the Town Council should redraft the other aspects. There was further discussion on the parameters of short term rentals. Discussion ensued over fees as written by State law. Mr. Hopkins reviewed what they are deciding, short term rental code enforcement and fee schedules. Atty. Levesque confirmed that this belongs in the Zoning Ordinance and not the Town Code. It was said that the Town Council did not contact the Planning Board or Planning and Zoning Departments before drafting the proposal. Mr. O’Neil suggested the Board is in agreement with the changes to 145-25-A and B with the provision that they adjust numbering, however, the Board recommends that these changes need to be addressed through a Zoning Ordinance revision rather than the Town Ordinance and likely accompanied with a Zoning overlay district to more appropriately define the areas subject to paragraph B.1.A. Mr. Lawlor reiterated Mr. O’Neil’s sentiments. Mr. O’Neil said there is a similar recommendation in the Camoin Study.
Fred Sculco, of 117 Avondale Road, said the question to be addressed is where the rights are for residential homeowners and what protection can they accept and expect from the Town as a commitment to them. On an unrelated topic, Mr. Sculco confirmed the receipt of the sewer plan document he submitted to the Board. Mr. Hopkins agreed with Mr. Sculco’s sentiments that the Town continue to protect and keep the rights of homeowners in mind when creating regulations.
Mr. O’Neil made a motion that Ms. Letendre administratively draft a response to Town Council based on the discussion of the Board this evening. Mr. Armstrong seconded the motion. The motion CARRIED by unanimous vote with no abstentions.
2. Planning Board Annual Report for FY 2023-24 Draft version of the Planning Board report for review, possible action, and discussion of priority projects for 2025.
Discussion ensued on the contents of the report. Ms. Letendre said what is not obvious from the changes is that nothing from part three relates to part two anymore. Mr. Gagnier mentioned the housing assessment study and ad hoc committee report. There was some discussion about the Jacobs Report dated June 21, 2024, conversation on wastewater treatment facility today and in the future, and recorded correspondence with Max Sposato from February 9, 2024. Also referenced in the report is inventory of housing production from 2025 to 2040. Mr. Hopkins suggested the golf resort item be pulled from projects in process and move it to a different category. It was said that the Planning Board should issue a separate report to the Town Council with the sewer information to be highlighted as a red button topic. Ms. Letendre suggested they have two priorities with this; understanding sewer and water capacity and integrating the infrastructure capacity into the review process and discussing that on staff level as well in terms of administrative procedures. Mr. Gagnier asked for an addition to the summary table 2 within the report reading; “potential infrastructure restraints of water and sewer.” Mr. O’Neil said he could draft some language about this. Ms. Lentz-Madison suggested adding to item 2.3 that the advisory committees that the Board was a part of and 2.4 advisory opinions and resolutions. She noted that for the future actions, the September training could be noted. Ms. Letendre asked for an opinion on Board collaborations. The CIP Finance Committee is one. Another addition was made on page 3 under recreation on the implementation table to status 1.2.C; wheelchair run accessibility mat accomplished at beach.
G. ADMINISTRATIVE OFFICER’S REPORT
1. Development Projects Status Report – Mr. Gagnier asked about the status on the Venice Restaurant expansion. Atty. Lévesque said the court supported the Board’s decision. The next level of review must be filed. All agreed to keep discussion on projects on a procedural basis without talking about details. Some other ongoing projects were referenced.