Planning Board – Meeting Minutes
Tuesday, March 19, 2024 - 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, and Secretary Andrew Delisio, Members Matthew O’Neil, Christopher K. Lawlor, John Armstrong, and Jean Gagnier

 

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

 

Staff present:                   Assistant Solicitor for Planning & Zoning Atty. Scott Levesque, Town Planner Nancy Letendre, and Information Technology Technician Lanny Fuller

 

C. APPROVAL OF MINUTES

 

There were no minutes on the agenda.

 

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. 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) Continuation of a public hearing to include review discussion and possible action or continuance by the Planning Board on a Comprehensive Permit. Applicant has requested a continuance to April 16th, with applicant authorization to extend the time limitations of RIGL 45-53-4 to April 30th.

 

The applicant submitted a request to continue the application to April 16 with an authorization to extend the time limitation on an application decision to April 30.

Mr. Delisio made a motion to continue the matter to the April 16 meeting. Mr. Lawlor seconded the motion. Mr. Gagnier asked if the public could still speak on the matter. Ms. Letendre said the Board did not open the public hearing but did ask the audience if there was anyone in attendance to speak about the application. There was no one from the public present to speak. Mr. Gagnier asked for legal counsel on if the Board has all the information needed to decide and if so, could the Board decide the matter tonight instead of continuing the application. Ms. Letendre clarified that the application was prepared for a continuance and Atty. Levesque is recused from this matter and had left the room before the agenda topic was announced. The Town’s other Assistant Solicitor for Planning and Zoning, Attorney Dylan Conley, was not present at the meeting. Ms. Letendre said in terms of having enough information, that remains to be seen, and the Board will have an opportunity to review the evidence in the record and direct staff. She hopes they will have everything needed prior to the April 16 meeting for further continuance or a withdrawal of the application. She said the Board has not had any discussion about what was put on the record and at the February 6 hearing the matter was left open for continued conversation and that is why the matter is being continued. 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) Continuation of discussion only by the Planning Board on the pre-application of a Golf Course Resort. Applicant has requested a continuance to April 16th.

 

Mr. Delisio made a motion to continue the application to the April 16 Board meeting. Mr. Gagnier seconded the motion. In discussion, Mr. Lawlor said he had made a request to the Planning Office for various incendiary infrastructure reports, which will be the linchpin for both the permit and development being looked at and it would help the Planning Board. He feels that information is important to the determination of the project. The motion CARRIED by unanimous vote with no abstentions.

 

F. NEW BUSINESS

 

1. 2023-MJLD-01 – Major Land Development – Preliminary Plan – 16 Post Road Ministorage (16 Post Road | Assessor’s Map 99, Lot 3A) Review, discussion, and possible action and/or continuation to a future meeting by the Planning Board on the Preliminary Plan review of a 101,250 SF (33,750 SF footprint) Storage Facility, consisting of climate controlled & non-climate controlled units, with associated access drives, parking, drainage, meeting the RIDEM Redevelopment Requirements, utilities, hardscaping, and landscaping.

 

Atty. Levesque rejoined the meeting at 6:11 p.m. At this time, Mr. Lawlor made a motion to open the public hearing for the 16 Post Road application. Mr. Armstrong seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

            Ms. Letendre introduced the application and said the proposed development has not changed much since it was last viewed but many of the Town and State permits have been received. Present on behalf of the application was Attorney Vincent Indeglia and Attorney Thomas Liguori. Atty. Indeglia reviewed the history of the application. Project engineer Sergio Cherenzia, principal of Cherenzia & Associates, LTD., was also present to testify. Atty. Indeglia described the content of the application submission. He asked that the Town Planner’s report dated March 12, 2024 be included in the record as it indicates why staff believes the application is complete. Ms. Letendre said the entire application submission will be incorporated into the record. The four-page report dated March 12, 2024 was marked as Applicant’s Exhibit 1. A double-sided document dated November 1, 2023 – a physical alteration permit – was marked as Applicant’s Exhibit 2. Applicant’s Exhibit 3, a binder of documents with tabs numbered 0 through 13, was described by Atty. Levesque. It included all documents the Board had received in the application packet. Ms. Letendre said that a letter from D’Ovidio Law dated March 12, 2024 to the Chairman of the Planning Board should be marked as Remonstrance 1. It is a four-page document with four enclosures, including the report of Megan Moynahan dated March 7, 2023 and a March 30, 2023 letter from D’Ovidio Law and a copy of the Zoning Official’s report dated December 29, 2022.

            Mr. Cherenzia was introduced to the Board to share his professional testimony on the project. His narrative was included on tab 6 of Exhibit 3. He described why this project was suitable for the land and a good reuse for the site because the wastewater needs to be pumped off the site. He said there is adequate water for fire suppression and domestic use, adding that the Water Department and Westerly Fire Marshall has reviewed the project. He reviewed various details of the project and responded to questions from Atty. Indeglia.

            Mr. O’Neil suggested the applicant reconsider the geometry and design of the sand filter in the parking lot. Mr. Cherenzia said Rhode Island Department of Environmental Management (RIDEM) gave them some leeway on that as they are installing additional treatment, but he understands there could be periods of inundation and they may need to replace some depth of sand at times. He said they will investigate it. Mr. Gagnier asked for clarity on the detention ponds. Mr. Cherenzia said they have not been maintained and explained how they will restore them. He said there should not be anything significant growing in them now. Ms. Letendre said the Engineering Department and the Department of Public Works will review the site after construction and if there are issues they will contact the property owner. Atty. Indeglia said this will be done before the certificate of occupancy is issued.

            There was no public comment.

            There was discussion on the details of the motion under consideration. Ms. Letendre noted two conditions of approval based on the Board’s discussion; one is that eight to ten foot pines be used along the Route 78 buffer and the Board appears to be satisfied with the red cedar and arborvitae beneath them and the location was acceptable, and the applicant should revisit the sand filter used for the roof drains for greater sustainability due to the high water table. Mr. Constantine noticed in the staff memorandum dated March 12, 2024 for tonight’s meeting, it references the Master Plan and it should actually say Preliminary Plan. Mr. Lawlor asked clarifying questions under hazardous materials report and if anyone will have oversight of what goes gets stored in the building. Atty. Indeglia said once you lease a space you have a right to be free from search and seizure so no one is going in to search. He explained that typically when someone first moves in, staff is trained to see what is being stored. He explained if hazardous materials are found they must comply with RIDEM on the removal of them. There was discussion on the parking plan. There will be 21 spaces planned with 2 ADA (Americans with Disabilities Act) spaces.

Daniel Farmer, a licensed architect in Rhode Island, and the project architect, spoke about the difference between climate control and temperature control. The project will be temperature controlled and include some humidity control. Because people will not be living here, the controls will be from about 60 to 80 degrees. There was discussion about the architectural details of the building.

Patrick Lemp, one of the principals of the development project, spoke briefly about the building. He said the size of the units range from 10 by 10 feet to 10 by 35 feet. Mr. Farmer said vehicles would not fit in the units, in response to Mr. Gagnier’s questions on vehicular storage.

Mr. O’Neil made a motion to close the public hearing at 7:37 p.m. Mr. Lawlor seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

Mr. Gagnier read into the record from the Planning staff memorandum to the Planning Board dated March 12, 2024 for the March 19, 2024 that the Town of Westerly Planning Board approves, with conditions as discussed during the public hearing Application ‘2024-MJLD-01 – Major Land Development Preliminary Plan – 16 Post Road Ministorage (16 Post Road | Assessor’s Map 99, Lot 3A),’ in accordance with the application and supporting materials including the entire Set of Plans titled; “Proposed MiniStorage Facility Development Site Development Plans – 16 Post Road, Map 99, Lot 3A, Westerly, Rhode Island - Issued for Permitting, Preliminary Plan Submission” prepared for Westerly Post Road 16, LLC, prepared by Cherenzia & Associates, Ltd, dated January 17, 2024, including the findings of fact as written. Mr. O’Neil seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

The Board took a recess at 7:42 p.m.

 

2.  2024-DPR-02, 39 Springbrook Road (AP 17, Lot 17) Development Plan Review – Springbrook Elementary School Review, discussion, and possible action and/or continuation to a future meeting by the Planning Board on a Development Plan Review of improvements to Springbrook Elementary School through two building additions, minor parking improvements, a new outdoor classroom, playground improvements, and the associated site work with stormwater management.

 

            Mr. Constantine called the meeting back to order at 7:52 p.m. Ms. Letendre said representatives from Pare Corporation were present on behalf of the Westerly School Department and the School Committee and they have been hired to do renovations and some exterior improvements to the Springbrook Elementary School and the Dunns Corners Elementary School. She said this is development plan review and it is not a public hearing.

            Joe Weed, site civil engineer with Pare Corporation, and Ashly Prester, architect with DBVW Architects, were both present on behalf of the application. Mr. Weed presented the plans for both schools. Mr. Weed said site circulation will not change at Springbrook. The Board asked some clarifying questions on the application.

            Mr. O’Neil read into the record from the Planning staff memorandum on the subject to the Planning Board dated March 12, 2024 for the March 19, 2024 that The Westerly Planning Board hereby approves, with conditions, application 2024-DPR-02, 39 Springbrook Road (AP 17, Lot 17) Development Plan Review – Springbrook Elementary School in accordance with the application and supporting materials including the entire Set of Plans and Drawings titled “Westerly Public Schools, Springbrook Elementary School, 39 Springbrook Road, for Development Plan Review, dated February 1, 2024 as may be amended administratively. Mr. Lawlor seconded the motion. Mr. Weed said the lighting will not change on the plan. Mr. O’Neil made a motion to amend the motion to remove condition three regarding lighting. Mr. Lawlor seconded the amended motion. In discussion, Ms. Letendre confirmed to Mr. Armstrong that she would report to the Board with any major changes, regarding condition four administrative final review. Mr. Gagnier suggested adding a condition of approval pending a review of the aquifer overlay district ordinance as it relates to this application. Ms. Letendre said she will add that the applicant obtain any approvals from the Zoning Office for the aquifer overlay. Mr. O’Neil made a motion to amend the motion to include that the Zoning Office address the concerns of the aquifer overlay district as part of their review. Mr. Armstrong seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

 

3. 2024-DPR-03, 8 1/2 Plateau Road (AP 121, Lot 65) Development Plan Review – Dunn’s Corners Elementary School Review, discussion, and possible action and/or continuation to a future meeting by the Planning Board on a Development Plan Review of improvements to Dunn’s Corners Elementary School through a building addition, parking lot improvements, new onsite wastewater treatment, and the associated site work with stormwater management.

 

            Joe Weed, site civil engineer with Pare Corporation, and Ashly Prester, architect with DBVW Architects, were both present on behalf of the application. Mr. Weed presented the plans to the Board. There was some brief general discussion on the application and clarifying questions from the Board.

            Mr. Armstrong read into the record from the Planning staff memorandum to the Planning Board dated March 12, 2024 for the March 19, 2024 meeting that the Westerly Planning Board hereby approves, with conditions, application 2024-DPR-03, 8 ½ Plateau Road (AP 121, Lot 65) Development Plan Review – Dunn’s Corner Elementary School in accordance with the application and supporting materials including the entire Set of Plans and Drawings titled “Westerly Public Schools, Dunn’s Corner Elementary School, 8 ½ Plateau Road, for Development Plan Review, dated February 1, 2024 as may be amended administratively, including the findings of fact and conditions as written. Mr. Gagnier seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

G. ADMINISTRATIVE OFFICER’S REPORT

 

            Mr. Hopkins joined the meeting at 8:26 p.m. Ms. Letendre explained that the report was initially a requirement for subdivisions only then there was a change to the law tha the administrative officer report to the Board whenever an administrative subdivision, or a minor subdivision, or a final review of a subdivision or land development project took place. She said what they have been doing is allowing final decision making to be administrative and now State law says that is the rule, and the exception to the rule is that the Planning Board require applicant’s return to the Board. Ms. Letendre said as a result there may be more DPR going to administrative review. This year the State may eliminate the Zoning Board. There are many changes in process and staff and Board members will be learning together, Ms. Letendre said. There will be a mandatory training planned for all Board members. She is working with the State division of Planning, who is putting out these State seminars and virtual trainings. She said in the future Planning and Zoning will be combined through a process called unified review. Mr. Hopkins said he just came from the City of Providence under a unified plan review so there are some State districts that already have this. Mr. Hopkins said the application status report is a good idea to continue. Ms. Letendre said a spreadsheet exists featuring applications in progress and their phases. She said it will be updated and ready for April. 

 

H. ASSISTANT SOLICTOR FOR PLANNING AND ZONING’S REPORT

 

Atty. Levesque welcomed the two new Planning Board members and reminded the Board he is always available with questions. He invited Board members to call him with any legal questions related to applications. 

 

I.  CONFIRMATION OF QUOROM FOR NEXT MEETINGS

 

1. April 2, 2024, Special Meeting at 6:00pm – Camoin presentation on Housing Needs Assessment – Data Reports

 

2. April 16, 2024, Regular Meeting at 6:00pm – State Street School, Chamber Way comprehensive permit.

 

3. April 23, 2024, Special Meeting at 6:00pm – Public Workshop: Housing Strategies and Production Plan.

 

Ms. Letendre described the content of the upcoming April meetings. There was some brief discussion about the future agenda topics.

 

J. ADJOURNMENT –

Mr. Gagnier made a motion to adjourn the meeting at 8:59 p.m. Mr. Lawlor 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 May 21, 2024