Middletown First- Planning Board Minutes from 1/8/03

Planning Board Minutes

January 8, 2003

Board members present:

Hedy Bennett, Chair
Vernon Gorton, Town Solicitor
Ron Wolanski, Town Planner
John Tucker
Colleen Aull

David Lawrence

Audrey Rearick

Arthur Weber

Member Absent:

Skyler Mills

The meeting was called to order at 7:00 pm.

Minutes of December 11, 2002 Planning Board Meeting

Motion by Ms. Rearick, seconded by Mr. Weber to approve the minutes of the December 11, 2002 meeting. Vote: 6-0-0

Sitting as Planning Board

Old Business

Segerson – Greene Lane - Plat 105, Lot 4B & 4C, 5-lot subdivision (preliminary) – Public Hearing

Ms. Bennett stated that she was in reciept of a letter from Attorney Robert Silva, representing the applicant, requesting that the matter be continued to the February meeting in order to address some unresolved issues.

Motion by Mr. Tucker, seconded by Ms. Rearick, to continue this item to the February 12, 2003 Planning Board meeting.

Request to address the Board- Katherine Field

Ms. Bennett recognized Ms. Field regarding her request that the Board consider and act on her request to construct an addition to a dwelling located in Zone 1 of the Watershed Protection District. The property is located at 437 Paradise Ave. Ms. Bennett indicated that the item was not on the agenda. Mr. Wolanski stated that he had a conversation with Ms. Field regarding the procedures, and that he had not yet received a request for a Planning Board recommendation on the matter from the Building Department.

Ms. Bennett stated that the Board could not act on the matter at this time. A subcommittee was established to review the request when it is received and to conduct a site visit. The subcommittee will consist of Ms. Rearick and Ms. Aull, and will meet at the site on January 16^th at 8: 00am.

Recommendation on proposed Zoning Amendment – Uses on Shopping Center Parcels

Mr. Gorton presented a revised draft of the proposed amendment, which allows for one 50’ wide connection between a shopping center and an adjacent nonpermitted use, addressing the Boards concern about promoting new curbcuts. The revised draft will also eliminate unnecessary references to dates in parts of the amendment.

Ms. Bennett questioned the need for the amendment and the benefit that would be gained as a result of the proposal. She questioned the reasons for not allowing gas stations in shopping centers.

Mr. Weber stated that the purpose is to prohibit non-permitted use from being developed on land subdivided from shopping centers. The concern is for developers, including the recent Stop & Shop proposal, that attempt to get around the prohibition on some uses in shopping centers by subdividing.

Attorney David Potts, representing Starwood-Wasserman, stated that the Stop & Shop proposal is the motivation for the proposed amendment, but that proposal will not be affected since an application for a gas station on the new lot has already been submitted. No study has been done to determine the impact of the proposal on the Town as a whole. Issues such as landscaping requirements should be addressed.

Mr. Lawrence stated that the proposal would prevent developing a gas station connected with an existing shopping center, but would not prevent development of a shopping center adjacent to a pre-exisiting gas station.

Ms. Bennett stated that the proposal before the Board, as amended by the Town Solicitor, is the best option given the time constraints before action by the Town Council, however she still has concerns.

Mr. Gorton stated that there is a limit to the changes that could be made to the proposal without requiring that it be readvertised.

The Board agreed to forward a positive recommendation on the amendment as revised by the Town Solicitor to the Town Council with a memo indicating the desire of the Planning Board to recommend additional amendments for issues such as landscaping requirements in the future.

Motion by Mr. Tucker, seconded by Ms. Aull, to forward a positive recommendation to the Town Council on the proposed amendment as revised by the Town Solicitor. Vote: 6-0-0.

Additional Old Business

Ms. Bennett requested that a meeting of the subcommittee working on the language for conservation subdivisions be scheduled. A meeting was scheduled for January 15^th at 9:00am at the Town Hall.

Ms. Rearick stated that she was appointed to a committee in 2000 that was charged with overseeing the use on the Demery property located on Green End Ave. The property was left to the Town to be used as a park. Given a recent proposal by someone wishing to purchase the land, Ms. Rearick would like to see the committee reactivated. The Board agreed to send a memo to the Town Council requesting that the Demery Land Committee be reactivated.

New Business

Island Farm, Phase III (Paddock Lane) – Peter Gallipeau – Request for extension for construction of improvements.

Mr. Weber recused himself from the discussion, as he is a resident of Island Drive.

Mr. Wolanski explained the request for the extension to July 9, 2004 and recommended that the extension apply only to Phase III. Mr. Gallipeau stated in the written request that most work on Phases I & II would be completed by the expiration of the current extension, on July 9, 2003.

Mr. Weber addressed the Board as a resident of Island Drive. He indicated that the developer has had ample time to complete Phases I & II. The extension should be limited to Phase III.

Motion by Mr. Tucker, seconded by Ms. Aull, to approve an extension of the time required to complete improvements to July 9, 2004 for Phase III only of the Island Farm subdivision. Vote: 5-0-0

Additional New Business

Ms. Bennett requested that the Planning Board establish a subcommittee to review the requirements and use restrictions for the OB zoning district. The Planning Board agreed to establish a subcommittee which will consist of Ms. Bennett, Ms. Rearick, Mr. Lawrence, and Mr. Tucker. The first meeting was scheduled for Tuesday, January 28, 2003 at 9am.

Mr. Wolanski provided a memo from the Town Clerk indicating that the current Planning Board appointments to the Aquidneck Island Planning Commission are about to expire. Motion by Ms. Rearick, seconded by Mr. Weber to reappoint Mr. Lawrence and Ms. Aull to represent the town on the Aquidneck Island Planning Commission. Vote 6-0-0.

The Planning Board adjourned and convened as the Town Center Review Board

Old Business

250 East Main Associates, LLC & Marion Perry 250 East Main Rd, Plat 113, Lot 17

Public hearing on a request for approval to demolish the house located on Lot 17. The applicant was represented by attorney Patrick Hayes, Jr. Mr. Hayes stated that he is seeking approval to demolish the house. This part of the project was not included for the previous public hearing, therefore this public hearing is required. Mr. Hayes distributed aerial photos of the site showing the existing house. He also submitted a contractor’s quote for the demolition indicating that the cost for demolition would not reach $25,000 threshold with would require posting a bond.

Prompted by a question from Gail Greenwood, there was discussion of whether the approval to demolish the house would also constitute approval to clear the vegetation on the lot. Mr. Hayes indicated that he had assumed that it would. Mr. Wolanski stated that the submitted request made no mention of clearing the lot, and that the Board should not approve the clearing until a landscaping plan is submitted with a complete Town Center Review application for the proposed development of the parcel. There is a requirement in the Town Center regulations that the landscaping plan should provide for the preservation of existing vegetation to the extent possible. The applicant had yet to submit a plan for consideration.

After some additional discussion, the Board determined that the vegetation on the lot should not be cleared until a landscaping plan is submitted as part of the development proposal for the property. At that time the Tree Commission will be asked to review the plan and advise the Board.

Motion by Mr. Weber, seconded by Mr. Tucker to grant approval for the proposed demolition of the building on Lot 17. Vote: 6-0-0

Aquidneck Group LLC, 99 East Main Rd (Aquidneck Plaza), Plat 107SE, Lot 106 Fantastic Sam’s

Request to relocate a wall sign to a different store in the same plaza. The applicant was represented by AA Thrifty Sign Co.

The applicant explained the request and indicated that he feels that the relocation of the sign should not require compliance with the Town Center requirements.

Ms. Bennett explained that once the sign is removed from the building and relocated it is considered a new sign under the regulations. Except for CVS, which was granted a varience by the Zoning Board, other signs in the plaza will have to comply when replaced.

Mr. Wolanski stated that the sign as proposed would not comply with the requirements for lighting and materials. The sign would comply with size limitations.

The applicant asked if the sign could be retrofitted to be halo-lit as was approved for the T-Mobil sign. The Board agreed.

Motion by Ms. Aull, seconded by Ms. Rearick to waive the requirements of sections 2404.5 (d), 2404.5 (g), 2404.5 (h) Vote: 5-0-0 (Mr. Tucker had left the meeting.)

Motion by Mr. Weber, seconded by Ms. Rearick, to approve the installation of the requested wall sign provided that it be retrofitted to be halo-lit. Vote 5-0-0.

Meeting adjourned at 8:30pm


	Planning Board Minutes January 8, 2003 Board members present: Hedy Bennett, Chair Vernon Gorton, Town Solicitor Ron Wolanski, Town Planner John Tucker Colleen Aull David Lawrence Audrey Rearick Arthur Weber Member Absent: Skyler Mills The meeting was called to order at 7:00 pm. Minutes of December 11, 2002 Planning Board Meeting Motion by Ms. Rearick, seconded by Mr. Weber to approve the minutes of the December 11, 2002 meeting. Vote: 6-0-0 Sitting as Planning Board Old Business Segerson – Greene Lane - Plat 105, Lot 4B & 4C, 5-lot subdivision (preliminary) – Public Hearing Ms. Bennett stated that she was in reciept of a letter from Attorney Robert Silva, representing the applicant, requesting that the matter be continued to the February meeting in order to address some unresolved issues. Motion by Mr. Tucker, seconded by Ms. Rearick, to continue this item to the February 12, 2003 Planning Board meeting. Request to address the Board- Katherine Field Ms. Bennett recognized Ms. Field regarding her request that the Board consider and act on her request to construct an addition to a dwelling located in Zone 1 of the Watershed Protection District. The property is located at 437 Paradise Ave. Ms. Bennett indicated that the item was not on the agenda. Mr. Wolanski stated that he had a conversation with Ms. Field regarding the procedures, and that he had not yet received a request for a Planning Board recommendation on the matter from the Building Department. Ms. Bennett stated that the Board could not act on the matter at this time. A subcommittee was established to review the request when it is received and to conduct a site visit. The subcommittee will consist of Ms. Rearick and Ms. Aull, and will meet at the site on January 16^th at 8: 00am. Recommendation on proposed Zoning Amendment – Uses on Shopping Center Parcels Mr. Gorton presented a revised draft of the proposed amendment, which allows for one 50’ wide connection between a shopping center and an adjacent nonpermitted use, addressing the Boards concern about promoting new curbcuts. The revised draft will also eliminate unnecessary references to dates in parts of the amendment. Ms. Bennett questioned the need for the amendment and the benefit that would be gained as a result of the proposal. She questioned the reasons for not allowing gas stations in shopping centers. Mr. Weber stated that the purpose is to prohibit non-permitted use from being developed on land subdivided from shopping centers. The concern is for developers, including the recent Stop & Shop proposal, that attempt to get around the prohibition on some uses in shopping centers by subdividing. Attorney David Potts, representing Starwood-Wasserman, stated that the Stop & Shop proposal is the motivation for the proposed amendment, but that proposal will not be affected since an application for a gas station on the new lot has already been submitted. No study has been done to determine the impact of the proposal on the Town as a whole. Issues such as landscaping requirements should be addressed. Mr. Lawrence stated that the proposal would prevent developing a gas station connected with an existing shopping center, but would not prevent development of a shopping center adjacent to a pre-exisiting gas station. Ms. Bennett stated that the proposal before the Board, as amended by the Town Solicitor, is the best option given the time constraints before action by the Town Council, however she still has concerns. Mr. Gorton stated that there is a limit to the changes that could be made to the proposal without requiring that it be readvertised. The Board agreed to forward a positive recommendation on the amendment as revised by the Town Solicitor to the Town Council with a memo indicating the desire of the Planning Board to recommend additional amendments for issues such as landscaping requirements in the future. Motion by Mr. Tucker, seconded by Ms. Aull, to forward a positive recommendation to the Town Council on the proposed amendment as revised by the Town Solicitor. Vote: 6-0-0. Additional Old Business Ms. Bennett requested that a meeting of the subcommittee working on the language for conservation subdivisions be scheduled. A meeting was scheduled for January 15^th at 9:00am at the Town Hall. Ms. Rearick stated that she was appointed to a committee in 2000 that was charged with overseeing the use on the Demery property located on Green End Ave. The property was left to the Town to be used as a park. Given a recent proposal by someone wishing to purchase the land, Ms. Rearick would like to see the committee reactivated. The Board agreed to send a memo to the Town Council requesting that the Demery Land Committee be reactivated. New Business Island Farm, Phase III (Paddock Lane) – Peter Gallipeau – Request for extension for construction of improvements. Mr. Weber recused himself from the discussion, as he is a resident of Island Drive. Mr. Wolanski explained the request for the extension to July 9, 2004 and recommended that the extension apply only to Phase III. Mr. Gallipeau stated in the written request that most work on Phases I & II would be completed by the expiration of the current extension, on July 9, 2003. Mr. Weber addressed the Board as a resident of Island Drive. He indicated that the developer has had ample time to complete Phases I & II. The extension should be limited to Phase III. Motion by Mr. Tucker, seconded by Ms. Aull, to approve an extension of the time required to complete improvements to July 9, 2004 for Phase III only of the Island Farm subdivision. Vote: 5-0-0 Additional New Business Ms. Bennett requested that the Planning Board establish a subcommittee to review the requirements and use restrictions for the OB zoning district. The Planning Board agreed to establish a subcommittee which will consist of Ms. Bennett, Ms. Rearick, Mr. Lawrence, and Mr. Tucker. The first meeting was scheduled for Tuesday, January 28, 2003 at 9am. Mr. Wolanski provided a memo from the Town Clerk indicating that the current Planning Board appointments to the Aquidneck Island Planning Commission are about to expire. Motion by Ms. Rearick, seconded by Mr. Weber to reappoint Mr. Lawrence and Ms. Aull to represent the town on the Aquidneck Island Planning Commission. Vote 6-0-0. The Planning Board adjourned and convened as the Town Center Review Board Old Business 250 East Main Associates, LLC & Marion Perry 250 East Main Rd, Plat 113, Lot 17 Public hearing on a request for approval to demolish the house located on Lot 17. The applicant was represented by attorney Patrick Hayes, Jr. Mr. Hayes stated that he is seeking approval to demolish the house. This part of the project was not included for the previous public hearing, therefore this public hearing is required. Mr. Hayes distributed aerial photos of the site showing the existing house. He also submitted a contractor’s quote for the demolition indicating that the cost for demolition would not reach $25,000 threshold with would require posting a bond. Prompted by a question from Gail Greenwood, there was discussion of whether the approval to demolish the house would also constitute approval to clear the vegetation on the lot. Mr. Hayes indicated that he had assumed that it would. Mr. Wolanski stated that the submitted request made no mention of clearing the lot, and that the Board should not approve the clearing until a landscaping plan is submitted with a complete Town Center Review application for the proposed development of the parcel. There is a requirement in the Town Center regulations that the landscaping plan should provide for the preservation of existing vegetation to the extent possible. The applicant had yet to submit a plan for consideration. After some additional discussion, the Board determined that the vegetation on the lot should not be cleared until a landscaping plan is submitted as part of the development proposal for the property. At that time the Tree Commission will be asked to review the plan and advise the Board. Motion by Mr. Weber, seconded by Mr. Tucker to grant approval for the proposed demolition of the building on Lot 17. Vote: 6-0-0 Aquidneck Group LLC, 99 East Main Rd (Aquidneck Plaza), Plat 107SE, Lot 106 Fantastic Sam’s Request to relocate a wall sign to a different store in the same plaza. The applicant was represented by AA Thrifty Sign Co. The applicant explained the request and indicated that he feels that the relocation of the sign should not require compliance with the Town Center requirements. Ms. Bennett explained that once the sign is removed from the building and relocated it is considered a new sign under the regulations. Except for CVS, which was granted a varience by the Zoning Board, other signs in the plaza will have to comply when replaced. Mr. Wolanski stated that the sign as proposed would not comply with the requirements for lighting and materials. The sign would comply with size limitations. The applicant asked if the sign could be retrofitted to be halo-lit as was approved for the T-Mobil sign. The Board agreed. Motion by Ms. Aull, seconded by Ms. Rearick to waive the requirements of sections 2404.5 (d), 2404.5 (g), 2404.5 (h) Vote: 5-0-0 (Mr. Tucker had left the meeting.) Motion by Mr. Weber, seconded by Ms. Rearick, to approve the installation of the requested wall sign provided that it be retrofitted to be halo-lit. Vote 5-0-0. Meeting adjourned at 8:30pm