Planning Board Special Meeting- Meeting Minutes

Tuesday, November 12th, 2024, 6:00 p.m.

Westerly Town Hall | Town Council Chambers

45 Broad Street, Westerly, RI 02891

 

A.    CALL TO ORDER -

Chairman O’Neil called the meeting to order at 6:00 p.m.

 

B.     ROLL CALL AND ATTENDANCE –

Mr. O’Neil recognized all board members and staff present

 

            Present: Chairman: Matthew O’Neil, Vice Chairman: Christopher Lawlor,

Secretary: Andrew Delisio, Members: John Armstrong, Richard W. Constantine, and

Jean Gagnier

 

Absent: Member Justin Hopkins

 

Town Staff Present: Assistant Solicitor for Planning and Zoning: Scott Levesque,

Administrative Officer/Town Planner: Nancy Letendre, Minute Taker: Chloe Chenot,

and Information Technology: Lanny Fuller

 

C.    APPROVAL OF MINUTES –

There were no minutes to approve

 

D.    CHANGES TO THE AGENDA:

 

Mr. O’Neil recommended the board move agenda Item F-2: Request to Inform Planning Applicants of Wastewater Treatment Facility Capacity, to coincide with Item E-2: Letter to the Town Council Regarding Sewer Capacity - to be discussed as one item. Mr. Gagnier moved the motion, and Mr. Armstrong seconded the motion. The board was all in favor, and the motion passed unanimously with no abstentions

 

E.     OLD BUSINESS

 

1.      2024-LMIH-02- Preliminary Plan - Comprehensive Permit - Sandpiper Landing Development (4, 12, 18 Chamber Way & 92-98, 100 Post Road | Assessor’s Maps 109 & 110, Lots 21-23, 34, 35)

 

Ms. Letendre recommended approval with conditions, based on the public hearing from October 15th, and provided a draft motion for the board’s consideration. Ms. Letendre stated the two conditions for review of the project: 1) Final Plan Arrangements, and 2) Financial Pro forma. Attorney Jeffrey F. Caffrey, Esq., of Resnick & Caffrey, was present to speak on behalf of the applicants. Mr. Caffrey shared his recollection of the prior discussion- that the board preferred the administrative approval of the application, and that providing the financial pro forma would not be a requirement. Mr. Levesque consulted state law statutes, and explained that without a waiver request, final plan approval must be an administrative review. Mr. O’Neil asked Town Planner Letendre to include the final plan review in her Administrative Officer’s report at a future meeting.

The board engaged in discussion on additional topics from the public hearing. Mr. Lawlor inquired further about the applicant’s FAA letter. Rachel York, of Sergio Cherenzia and Associates, was present to speak on this topic. Ms. York stated that the FAA letter was submitted, but it is still in review. Ms. Letendre stated that it will be added to the final submission requirements once received.

Mr. O’Neil entertained a motion from the members of the board. At 6:19 p.m. Mr. Lawlor made the following motion, as written in the attached memo suggested by Town Planner Letendre: “The Westerly Planning Board approves with conditions the Preliminary Plan for application 2024-LMIH-02 – Preliminary Plan Review – Comprehensive Permit – Sandpiper Landing Development (4, 12, 18 Chamber Way & 92-98, 100 Post Road | Assessor’s Maps 109 & 110, Lots 21,22,23 & 34, 35); a merger of the referenced lots and construction of a multi-unit residential development consisting of 40 condominium units with proposed access drives, OWTS, stormwater and utilities. Approval is granted in accordance with the application and supporting materials including Preliminary Plan Set prepared by Cherenzia & Associates, Ltd. titled, "Sandpiper Landing," Sheets C-0 through C-23, S-1 to S-3, dated May 17, 2024, revised October 2, 2024; FIG-1, LOT MERGER PLAN, prepared by Cherenzia & Associates, Ltd. dated May 17, 2024; Landscape Plans, prepared by Muoio Design Group, LLC, dated June 23, 2024; and Architectural Renderings (11" x 17"), prepared by Lacuna Design Architects. This includes the general findings and also additional conditions A-c, plus additional conditions regarding the FAA Letter.”  The board then discussed the proposed motion. Mr. Levesque added to the record that this would include general conditions listed on page 7 of the memo, and that the financial pro forma would be removed as a condition of final approval. Ms. Letendre also included that she modified additional Condition “A” to include that the final plan would be administrative, where the applicant would provide the On-Site Waste-Water Treatment Systems operations and maintenance plan, as well as the OWTS approvals. The request for the pro forma was also eliminated. Mr. Constantine seconded the amended motion. The board was all in favor, and the motion passed unanimously.

 

E. OLD BUSINESS / F. NEW BUSINESS

 

2.      Letter to Town Council Regarding Sewer Capacity (E-2), and Request to Inform Planning Applicants of Wastewater Treatment Facility Capacity (F-2)

           

Mr. O’Neil introduced Town Manager Shawn Lacey, who was present to speak on behalf of this item. Mr. O’Neil provided a summary for the board and stated that there was a concern regarding the sewer capacity and its effects on future plan developments. Solicitor Levesque suggested the board make specific statements regarding the standards applied to projects and the required findings, and not general statements regarding the capacity limits, in the letter to the Town Council.

Mr. Lacey answered the board’s questions and provided feedback on this item. Mr. Lacey stated that a next step in the process of improving the WWTF is for the Town to fund a full report to prove the sewer treatment plant is permittable for future projects. The board further discussed this topic.

Mr. O’Neil addressed the tone of the letter intended for the Council, based on the ongoing analysis. Mr. Lacey stated that the board needs to tailor the letter to inform, and not scare away developers. Mr. Gagnier emphasized that the letter should make the Council aware of the steps that need to be taken, like budgeting for capital improvements, and ordinance changes. Mr. O’Neil agrees that the ordinance revisions need to be prioritized.

Mr. Delisio disagreed that the letter was even needed, as Jacob’s is aware, as well as the Town Manager and the Utilities Director, of the ongoing capital discussion. Mr. Delisio made a motion to disregard the letter and move on discussion. There was no second, and the motion did not pass.

Mr. Gagnier then made a motion to modify the letter to include a paragraph dealing with the process that will be developed out of the sewer department, regarding capacity modeling. That will be provided to the Planning Board for approval. Mr. Armstrong seconded the motion. Ms. Letendre suggested an alternative. Ms. Letendre proposed that progress is being made to address the capacity limits, but more needs to be done, using the requirement of the feasibility study, DEM permitting, and ordinance changes, as examples. She added that applicants would be required to apply and pay for a feasibility study, prior to submission of a new development within the sewer service district to the Planning Board for review. Ms. Letendre also suggested the Board include a statement of the relationship between capacity of utilities and approval of projects. It was suggested that the budget discussions, ordinance revisions, and other actions taken on this item be prioritized in 2025.

Mr. Gagnier amended the motion to include the Town Planner’s suggested approach, and Mr. Armstrong seconded the motion. Mr. Gagnier, Mr. Constantine, Mr. Lawlor, Mr. O’Neil, and Mr. Armstrong were all in favor. Mr. Delisio was opposed. The motion passed 5-1.

 

F.     OLD BUSINESS

 

3.      Capital Improvement Program

           

Mr. O’Neil recognized Town Manager Lacey, who was present to speak on this item. Mr. Gagnier also recognized for the record two members of the Finance board, who were in the audience. Mr. Lacey provided an overview of the Capital Improvement Program, and reviewed with the board the: Five Year Capital Plan Budget Year Fiscal Year 2025-2026. Topics of discussion included: ongoing Capital projects, grant funding, forecasted budgets, land acquisition, auditor’s fees, how the Town prioritizes projects, and the various budget funds.

Ms. Letendre stated that the school’s Capital requests have not been received and requested a digital copy. Ms. Letendre also asked Mr. Lacey for his thoughts on which capital request items should be prioritized. Mr. Lacey suggested roads, sidewalks, sewer treatment plant, water, and sewer requests be prioritized in the Board’s letter of support for the Capital Improvement plan. Ms. Letendre suggested a statement in the report on the CIP encouraging a more proactive approach of resiliency, which is consistent with the comprehensive plan. Mr. Constantine added that Ms. Letendre included in her statement that the Council be encouraged to do more.

Ms. Letendre summarized the process of finishing recommendation to the Town Manager for the December 3rd meeting, and suggested if the board has further comment to let her know, so it can be added to the recommendation.

 

F. NEW BUSINESS

 

1.      2025 Meeting Calendar

 

Ms. Letendre noted that there were not many changes of the calendar, due to the holidays. Chairman O’Neil motioned to approve the calendar for the 2025 meetings. The motion was moved by Mr. Lawlor and seconded by Mr. Gagnier. The board was all in favor, and the motion passed unanimously

 

G.    ADMINISTRATIVE OFFICER’S REPORT -

There was no discussion

 

H.    ASSISTANT SOLICITOR FOR PLANNING AND ZONING’S REPORT

 

1.      Duties of the Planning Board

 

Attorney Levesque provided a description of the statutes that outline the responsibilities and authority of the Planning Board. The board asked questions and received feedback from Town Planner Letendre and Solicitor Levesque regarding the statutes. Responsibilities of the board include: acts to prepare a comprehensive plan, to amend land development rules/regulations, and review and approve land development projects.

 

I.       FUTURE AGENDA ITEMS & BOARD QUESTIONS - There was no discussion

 

J.      CONFIRMATION OF QUORUM FOR NEXT MEETINGS

 

November 19th, 2024, Regular Meeting at 6:00 p.m. - All stated they will be present

 

December 17th, 2024, Regular Meeting at 6:00 p.m. - Mr. Gagnier’s attendance is tentative, and all others stated they will be present

 

Mr. O’Neil announced that the Planning Board is accepting applications for membership. There is currently one open position, and two seats would be open after the new year. The board is encouraging those who are interested in applying to submit an application. After discussion by the board, Town Planner Letendre will notify former applicants to inform them they need to re-submit their applications

 

K.    ADJOURNMENT –

Mr. O’Neil entertained a motion to adjourn the meeting at 8:11 p.m. Mr. Armstrong moved the motion, and Mr. Constantine seconded the motion. The board was all in favor, and the motion passed unanimously. The meeting was adjourned at 8:11 p.m.

 

 

Next Regularly Scheduled Meeting - November 19th, 2024, at 6:00 p.m.

 

 

 

SUBMITTED BY CHLOE CHENOT ON 11/27/2024.

APPROVED BY VOTE OF THE BOARD ON 12/17/2024.