Planning Board – Meeting Minutes

Tuesday, May 21, 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, Secretary Andrew Delisio, Members Matthew O’Neil, John Armstrong, and Jean Gagnier, and Auxiliary Member Karen Lentz Madison

 

Members absent:             Vice Chair Richard W. Constantine and Member Christopher K. Lawlor

 

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

 

C. APPROVAL OF MINUTES

 

1. March 19, 2024 – Mr. Gagnier made a motion to approve as submitted the March 19, 2024 Planning Board meeting minutes. Ms. Lentz-Madison seconded the motion. The motion CARRIED by unanimous vote with no abstentions.

 

2. April 23, 2024 – Mr. Armstrong motion to approve as submitted the April 23, 2024 Planning Board meeting minutes. Ms. Lentz-Madison 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.

 

There were no changes to the agenda.

 

E. OLD BUSINESS

 

1. 2024-RFI-01 – Planning Board Discussion Utility Availability Discussion and possible action on utility availability and continuation of the topic to another rmeeting.

 

Mr. Hopkins said they are still trying to find the time and venue for this topic and they may need a special meeting earlier in the day. There was brief discussion on data and reports available. Mr. Gagnier posed if it makes sense to make a subcommittee on this topic to determine what the capacity is. Mr. Hopkins said he thinks the Town Manager would be amenable to this based on their recent discussions. Ms. Letendre confirmed that the number in the Comprehensive Plan came from the Jacobs report. Mr. Delisio said he has concluded that the Sewer Department is not concerned with the capacity of the treatment plant, and he questions if the Planning Board needs to pursue this. Mr. Armstrong said you can’t ask them to project, but you can question the daily flow rate. He said it is a Planning function and so they are obligated to investigate this to help determine comprehensive planning. The subject is not only limited to comprehensive permits, but is a whole Town function, Mr. Armstrong said. He expressed concern with the plan’s information on water sources and that it shares with Pawcatuck, as well. Mr. Hopkins said they had expectations that they would have conversations tonight, but need to follow through with setting up a meeting to get answers.

Fred Sculco, of 117 Avondale Road, said he has sent a fair number of letters suggesting caution with this subject. In three of the last four months, the treatment facility has exceeded the design flow. It is a fact that they are exceeding the discharge to the Pawcatuck River. They are in violation of the Clean Water Act because of Nitrogen flow 15 ppm needs to be brought down to 5 and are in violation for over a year. If they don’t respond by 2025 they will be sited and possibly fined. He explained that if the Town exceeds 3.3, 80 percent of it 2.8, for 90 days they will come back and reassess the flow design of the plan and if it stays above 80 percent for that period of time, they will ask you to reduce the nitrogen even more from 5 to 3.5. He said tertiary treatment is expensive to run and manage so the numbers that you are seeing in violation of the clean water act. Mr. Sculco said if the Town thinks it can expand, when it has not addressed the current failures of the flow and nitrogen, it does not have a chance because the Environmental Protection Agency (EPA) will pursue them. Mr. Sculco provided extensive public comment over the importance of local natural resources and the damaging effects of stormwater runoff. He asked the Board for caution and said without the information, they should not make decisions on certain applications. He urged the Board to protect the local water. He asked that the Board do the Town a service to get the data on water and sewer and then get the data on runoff.

Ms. Letendre said they have been working tirelessly to decrease stormwater runoff and keep applicants to standards. Mr. O’Neil cautioned that if the EPA and Department of Justice have made it a point and been overly lenient in fining municipalities as it diverts town funds from creating solutions to the issue.

Mr. Sculco responded that recently that Conservation Law Foundation and Save the Bay filed lawsuit to the City of Boston for stormwater runoff to local ponds because the ponds were showing signs of blue green algae, which is toxic to wildlife. This cost the gulf region in Florida millions in lost animals, as it creates a neurotoxin and stops the hearts of fish. This is a health issue and this toxin was hidden to the public in Florida. Mr. O’Neil clarified that he is not saying they shouldn’t do anything but was just stating that the Federal government will likely not fine them because it will encourage the municipalities to use funds to address the issue. He said they should be focused on finding a solution and working to secure grant money to assist it and the first step is understanding the capacity of the system.

Nick Scola, owner of Winn Properties, said he has done research on water in area, as well. He sees there is not an obligation that Westerly has to supply water to Pawcatuck. He said there were some existing plans on the subject, one from 2008. Mr. Hopkins was adamant that they will gather more information. Mr. Armstrong asked Mr. Scola to send any information he has on the topic to the Town Planner.

 

2. 2024-RFI-02 – Planning Board Discussion Housing Data  Discussion and possible action on housing inventory and possible continuation of the topic to another meeting.

 

·          Comprehensive Plan Ongoing Data Updates – Mr. Adams referenced the memo dated May 15, 2024, for meeting on May 21, 2024 to the Planning Board in response to a few moments in time that the Board expressed concern about the housing stock and how the comprehensive plan deals with the stock in relation to seasonal properties. There was extensive discussion on the content of the memo. Mr. Gagnier asked if the low and moderate income (LMI) units that have been created are occupied. Ms. Letendre said prior to 2022 they were dependent on Rhode Island Housing for data, but now they have a working relationship with the Town, which checks in and reviews which LMI units they have, their occupancy, and ensures that they are deed restricted. Ms. Letendre said the monitoring agents are responsible for filling the units.

 

 

F. NEW BUSINESS

 

1. Housing Needs Assessment and Data Report – Final Version Continuation of discussion by the Planning Board.

 

Mr. Gagnier said he has not had a chance to finish reading the report. He would like to be able to read the material before discussion. Ms. Letendre said she provided the material so they could have a discussion with the ad-hoc committee. Ted Rice, ad-hoc Affordable Housing Committee chairman, was present. It was said that they will benefit from discussion as the findings of the committee are parallel to what the housing report suggests. Ms. Letendre suggested they discuss the information with Mr. Rice and spend about 45 minutes going through the presentation and then another 45 minutes going through the goal and strategies spreadsheets.

Mr. Rice and Mr. Scola reviewed the Westerly Affordable Housing report to the Westerly Town Council, a document of the Westerly Ad-hoc Affordable Housing Study Committee. Recommendations include shifting to a proactive affordable housing effort, jump start program with Town-owned properties, maximize LMI number counts in ever step of development process, authorize quick infill options, integrate affordable housing with other Town initiatives, and optimize use of existing housing.

Recommendation number one is to shift to a proactive affordable housing plan and make it a major Town initiative. This was not well received by Town Council last night. It was suggested they begin the process with Town-owned properties. Ms. Letendre said Camoin Associates are now working on opportunity sites and she provided this list to them and compared what they must do. Mr. Hopkins asked the committee’s position on the sewer capacity in terms of increasing affordable housing. Mr. Scola said the treatment plant is built to be expanded and at some point, the Town Council has to do this. Extensive discussion ensued on the various affordable housing methods and needs of the Town, as well as projected needs in the future. Mr. Gagnier asked if the study considered the demographics of baby boom and baby bust trends and how it may affect housing or cost of housing. Mr. Rice said they used statistics that Camoin generated on that subject. Ms. Letendre said they did factor that in, but aging demographics is not the only variable that affects the local population though it is a predominant one. Mr. Gagnier asked if the Town is trying to solve a problem posed by the demographics and future effects. Mr. Scola said this is one reason that multifamily housing is important to the Town and Camoin’s report did a good job at explaining why Westerly does not need as many single-family homes. Mr. Gagnier later asked if they consulted with the Westerly Finance Board on the borrowing capacity of the Town and Mr. Rice responded they did not. Mr. Gagnier asked where bond funding would come from and Mr. Rice said rent would fund it. Mr. Rice said the Town government could effectively become a landlord by way of a housing authority. There was further discussion on this topic. Mr. Hopkins thanked them for the report and validated the many creative solutions presented. He said he watched the Town Council meeting last night and it appears that they have a long way to go as a community in accepting the path forward.

Ms. Letendre introduced discussion about what was just shared and the distributed spreadsheet of the three goals and various action items produced by the Camoin Associates housing assessment report. She pointed out similarities and shared findings between this document and the Ad-hoc committee’s report to the Town Council. Ms. Letendre asked the Planning Board to read it and understand it. If they find any mistakes or issues they can tell her, but it is for informational purposes only, she said. A Camoin Associates presentation to the Town Council is scheduled for June 3, but they may schedule at another date. Ms. Letendre elaborated on potential changes to the Zoning Ordinance to facilitate housing goals and action items. She said she will return to Town Council with Comprehensive Plan amendments that will cover the Route 1 Corridor and whatever they come up with from the housing study. Mr. Hopkins asked what the changes are of workshopping with Town Council first. Ms. Letendre said they can likely do this with the comprehensive plan amendments, but not the Zoning amendments.

Mr. Sculco made comments regarding housing. He said Westerly has been identified as a threatened seaside community. He said they will be losing land in several ways, and wetlands will increase. He said the Tower Street Community Center property is an example where wetlands will increase. Potential land downtown is not a good idea, he said. Mr. Sculco said he has photos of the area behind the Main Street skating rink where the entire area is under water. He elaborated on the importance of trees for stormwater mitigation. He implored them to ask environmental experts and various groups for their input and take a long-term approach. Mr. Sculco referenced Economic Development Commission (EDC) member Ken Julian’s May 10, 2024 editorial in the Westerly Sun related to this topic. Mr. Sculco asked the Board if they would like his comments in a letter. Mr. Hopkins said the Board welcomed any written communication from the public through the Town Planner. He asked Mr. Sculco if he thought they had a housing crisis. Mr. Sculco said he was not sure. Mr. Hopkins said he is challenged by the need for housing and all the ecological challenges of projects. Mr. Sculco said he is finding that his argument is not being presented by anyone else and so he continues to speak on behalf of the environment.

 

G. ADMINISTRATIVE OFFICER’S REPORT

 

1. Development Project Status Report

 

2. Administrative Actions – NONE There was no discussion.

 

H. ASSISTANT SOLICITOR FOR PLANNING AND ZONING’S REPORT –

 

There was no report.

 

I. CONFIRMATION OF QUOROM FOR NEXT MEETINGS

 

1. June4, 2024, Special Meeting at 6:00pm – Continuation of Winnapaug Comp. Permit

2. June18, 2024, Regular Meeting at 6:00pm – Continuation of Winnapaug Comp. Permit, Zoning Ordinance Changes

3. July 16, 2024, Regular Meeting at 6:00pm – Completion of Winnapaug Comp. Permit, Planning Board Annual Report

4. August20, 2024, Regular Meeting at 6:00pm – Comprehensive Plan Changes

 

Mr. Armstrong requested that Rules of Procedure amendments be put on the agenda for review. It was suggested that a subcommittee for wastewater treatment discussion include Mr. Armstrong, Mr. Lawlor, and Mr. O’Neil. Mr. Hopkins will make arrangements with the Town Manager to schedule a date.

 

J. ADJOURNMENT –

Mr. Armstrong made a motion to adjourn the Planning Board meeting at 9:01 p.m. Mr. Gagnier 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 August 20, 2024