Planning Board Regular Meeting- Meeting Minutes

Tuesday, October 15th, 2024, 6:00 p.m.

Westerly Town Hall | Town Council Chambers

45 Broad Street, Westerly, RI 02891

 

A. CALL TO ORDER -

Chairman Hopkins called the meeting to order at 6:00 p.m.

 

B.  ROLL CALL AND ATTENDANCE –

Mr. Hopkins recognized all board members and staff present

 

Members Present: Chairman Justin Hopkins, Vice Chairman Richard W. Constantine, Secretary Andrew Delisio, Members: Matthew O’Neil, Christopher Lawlor, Jack Armstrong, and Jean Gagnier

 

Absent: None

 

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 - September 17th, 2024

 

Vice Chair Constantine motioned to approve the minutes from September 17th, 2024, and Secretary Delisio seconded the motion. The board was all in favor, and the motion carried unanimously

 

D.  CHANGES TO THE AGENDA –

Mr. Hopkins proposed the following changes of the agenda to the board

 

1)   Item F-1 NEW BUSINESS: 2022 MJLD-01 Master Plan Approval- Venice Hotel- Request for extension- to be moved ahead of OLD BUSINESS immediately before Item E-1. Mr. Lawlor motioned to move agenda Item F-1 ahead of Item E-1, and Mr. Armstrong seconded. The board was all in favor, and the motion passed unanimously

2)   Item E-2 OLD BUSINESS: Letter to Town Council Regarding Sewer Capacity- to be moved before Item F-3 NEW BUSINESS: Capital Improvement Program (CIP). Mr. Armstrong moved the motion to move Item E-2 before Item F-3. Mr. Lawlor seconded the motion. All board members were in favor, and the motion passed unanimously

 

 

F.  NEW BUSINESS

 

1)  2022 MJLD-01 Master Plan Approval- Venice Hotel-Request for extension- Review, discussion, and possible action by the Planning Board on the Request for Extension of Master Plan Approval of the Venice Hotel Restaurant Expansion. Rescheduled from September 17th

 

Elizbeth Noonan, Attorney representing Florentine Realty LLC, was present to speak on this application. The master plan was approved by the board in October of 2022, and the applicant is requesting an extension on the vesting period, as there are materials still pending. The applicant is waiting for various state permits, such as from RI On Site Wastewater Treatment Systems, the RI Coastal Resources Management Council, and the RI Department of Environmental Management. Mrs. Noonan stated that the request for this extension includes up until October 21st, 2025

Mr. Hopkins polled the board for further comment, to which there was none. At 6:05 p.m., Mr. O’Neil moved a motion to approve the extension of the Master Plan Approval for application ‘2022 MJLD-01 Venice Restaurant Expansion’ to October 21st, 2025, in accordance with the findings of fact and conditions of approval issued by the Planning Board in its original approval dated October 19th, 2022. Mr. Constantine seconded the motion. The board was all in favor, and the motion carried unanimously

 

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)

 

Attorney Jeffrey F. Caffrey, Esq., of Resnick & Caffrey, PC 300 Centerville Road Summit West, Suite 300 Warwick, Rhode Island, was present to speak on behalf of this item. Sergio Cherenzia, of Cherenzia and Associates, 99 Mechanic Street, Pawcatuck, CT 06379, presented a revised plan. Revisions included an increased number of units, adjusted buffers and setbacks, an increased number of fire hydrants, and physical changes to the construction of the units. Mr. Cherenzia provided an update on the state permits, explaining they are still waiting for permits from the RI Department of Environmental Management, RI Department of Transportation, as well as RI Onsite Wastewater Treatment Systems

The board engaged in discussion and received feedback from the applicants. Ms. Letendre recommended the board wait to submit the updated plan that includes the fire hydrants, for final review. Chair Hopkins stated for the record that though he was absent from the August meeting, he has reviewed the material and is fully knowledgeable of the application. Mr. Lawlor expressed concern regarding how the housing development in a runway flight path would affect potential buyers. Bonnie Begos, of Re/Max Flagship was present to discuss marketing material of the housing units. Mrs. Begos explained how the planes would be integrated into online and print marketing material. Joseph Catelli, the principal of Shoreline Properties, Inc, 400 South County Trail, Ste. A207, was also present. Mr. Catelli engaged in discussion and answered questions of the board. Discussion included topics such as: flexibility to move units, phases of construction, integration of the LMI units, marketing, and effects of the runway on potential buyers. Mr. Hopkins then opened the hearing to members of the public, of which there were no comments

The board further discussed the revised plan, and the final approval being handled administratively was proposed. Mr. Gagnier motioned to close the public hearing at 6:56 p.m. Mr. Lawlor seconded the motion. The board was all in favor, and the motion carried unanimously

Ms. Letendre then suggested a motion of the board to direct herself and staff to write a decision for the board’s determination. With permission from the board, the Planning Department will provide a written decision based on discussion at the November 12th Special Meeting, for the board’s review and approval. Mr. Caffrey did not have any objections to the suggested motion. At 6:59 p.m., Mr. O’Neill motioned to have the Town Planner, and their staff draft a motion for consideration and approval at the November 12th meeting, relative to the application, with conditions as discussed. Mr. Gagner seconded the motion. The board was all in favor, and the motion passed unanimously

 

F.  NEW BUSINESS

 

2)  Request from Residents of Robin Hollow Estates to reopen the public hearing for 2024 LMIH-03- Habitat for Humanity

 

Ms. Letendre provided a summary of the application. Chair Hopkins then read into record a letter received from Attorney William Nardone regarding the request to re-open the public hearing. Ms. Letendre stated for the record her correspondence on the topic was also included in the packet available for the public. Solicitor Levesque explained that he reviewed the materials and came to the same legal conclusions as Mr. Nardone in his letter. The board engaged in discussion on the request and legal counsel’s opinion

Mr. Hopkins opened comment to the public. Diane Macera, of 12 Robin Way, Westerly, RI 02891, explained that she felt frustrated with the board’s decision regarding the issues they raised during the public hearing. Charles Holland of 13 Robin Way, Westerly, RI 02891, acknowledged the comments of Attorney Levesque, but explained his frustration and disappointment with the processes lack of transparency. He expressed concern for his neighbors, the Gavitt’s, and how properties would now be affected by this application. Brian Thomas of 17 Robin Way, Westerly, RI 02891, inquired about the septic systems and status of the permits required for the development. Charie Santo, of 14 Robin Way, Westerly, RI 02891, explained her frustration with the process, as she believed the new evidence they wish to present is convincing. Marie Algiere of 33 Robin Hollow Lane Westerly, RI 02891, expressed concerns regarding more accidents and increased traffic in the area. Christina McLeod, 1 Castle Way, Westerly RI, 02891, stated that she was worried about how this application would increase traffic in the area, and make it more difficult to exit the neighborhood in case of emergency. Colin Penney, Executive Director of Habitat for Humanity, 155 Shannock Road, Charlestown RI, 02891, acknowledged the public’s concerns, but believes the focus of discussion should be on the legal issues at hand- outlined in the letter provided by Mr. Nardone

Once all public comments were shared, Mr. Hopkins polled the board. Topics discussed included: the prior phased development agreements and road abandonment, factors affecting the neighborhood, laws that dictate planning and zoning regulations, and how traffic control and pedestrian access are addressed in the decision. After hearing no further discussion, Attorney Levesque suggested a motion. Secretary Delisio motioned to decline to re-open the public hearing. Vice Chair Constantine seconded the motion.

Mr. O’Neill, Mr. Constantine, Mr. Hopkins, Mr. Delisio, Mr. Armstrong, and Mr. Lawlor were in favor. Mr. Gagnier was opposed. With no abstention, the motion passed

 

E. OLD BUSINESS

 

2) Letter To Town Council Regarding Sewer Capacity, Discussion and Possible Action

 

Mr. Armstrong read the Letter into record and stated that it would provide information to the Town Council regarding the Jacob’s report. The board engaged in discussion. The majority were in favor of the letter as presented. Mr. Delisio questioned sending the letter, as he believed it contained information the Town Council was already aware of. Mr. Armstrong moved a motion to pass the letter forward to the Town Planner for formalization, with attachment to send to Town Council after November 12th. Mr. Constantine seconded the motion. Mr. O’Neill, Mr. Constantine, Mr. Hopkins, Mr. Armstrong, and Mr. Lawlor were in favor. Mr. Delisio was opposed. With no abstentions, the motion passed

 

F.  NEW BUSINESS

 

3) Capital Improvement Program

 

Paula Brouilette, a member of the Town of Westerly Board of Finance, was present to speak on this matter. Ms. Brouilette introduced the program, provided a brief timeline of the budgeting cycle, and explained the continuous improvements to the program over the years. The board engaged in discussion and asked questions. Ms. Brouilette stated that she is looking to work with Town Officials to create a more solid long-range planning budget process

 

Chair Hopkins called a recess at 8:48 p.m. The meeting reconvened at 8:54 p.m.

 

 

 

4) Town Council Referrals

 

Ms. Letendre summarized the referrals from the Town Council. The first referral was the Ordinance recommendation for an overlay district for short term rentals, referred to the Board on September 23rd. Ms. Letendre recommended the board make this a priority after the first of the year, when the board discusses other zoning amendments associated with housing. These amendments would be made to reflect the changes in state law and recommendations from the Housing Study. Ms. Letendre suggested a motion to make this a priority after the first of the year as part of zoning revisions. Mr. Constantine moved the motion, and Mr. Delisio seconded. The board was all in favor, and the motion passed unanimously

The second referral discussed was the: Recommendation regarding establishing a dedicated housing committee, referred to the Board on October 7th. The board engaged in discussion regarding the potential creation of a dedicated housing committee. Ms. Letendre suggested a motion to make this a priority after the first of the year in discussion with the other housing provisions. Mr. Constantine moved the motion, to which Mr. O’Neill seconded. All members of the board were in favor, and the motion passed unanimously

 

5) Election of Officers

 

Attorney Levesque accepted nominations for Chairman of the Planning Board. Mr. Hopkins nominated Matt O’Neill as Chair. Mr. Gagnier seconded the nomination. Mr. Gagnier then moved a motion to nominate Mr. O’Neill as Chair. All members were in favor, and the motion passed unanimously

Mr. Armstrong motioned nominating Mr. Lawlor as Vice Chair. Mr. Hopkins seconded the motion. The board was all in favor, and the motion carried unanimously

Mr. Hopkins nominated Andrew Delisio as Secretary. Mr. Lawlor seconded the motion. The board was all in favor, and the motion passed unanimously

 

G. ADMINISTRATIVE OFFICERS REPORT

 

1) Ms. Letendre shared the monthly Development Project Status Report with the board, and noted that there were no major changes

 

H. ASSISTANT SOLICITOR FOR PLANNING AND ZONING’S REPORT

 

There was no discussion

 

 

I.   FUTURE AGENDA ITEMS & BOARD QUESTIONS

 

Mr. O’Neill confirmed with the board the items to be discussed on future agendas. Mr. Gagnier suggested the addition of Land Use Records to the application checklist, as well as revisiting the application process. Ms. Letendre suggested postponing revisions to the application forms until the ordinances are in place. Mr. Lawlor suggested reviewing the Title 45-Chapter 22 ‘Local Planning Board of Commission’, to review responsibilities and discuss. Mr. Levesque stated that he will include this on his ‘Solicitors Report’ for the next meeting

 

J. CONFIRMATION OF QUORUM FOR NEXT MEETINGS

 

November 12, 2024, Special Meeting at 6 pm – CIP discussion; 2025 Meeting Calendar - Mr. Gagnier’s attendance is tentative

November 19, 2024, Regular Meeting at 6 pm – TBD- Mr. Gagnier’s attendance is tentative, and Mr. Hopkins will not be present

December 3rd, 2024- CIP - Mr. Gagnier’s attendance is tentative, and Mr. Hopkins will not be present

December 17th, 2024 - Mr. Gagnier’s attendance is tentative, and Mr. Hopkins will not be present

 

Ms. Letendre stated that new public hearings in December may be avoided

 

K. ADJOURNMENT

 

Mr. Gagnier moved to adjourn the meeting at 9:46 p.m. All board members were in favor, and the motion passed unanimously. The meeting was adjourned at 9:46 p.m.

 

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

 

 

 

SUBMITTED BY CHLOE CHENOT ON 11/12/2024

 

Approved by vote of the Board on November19, 2024.