Middletown First- Planning Board Minutes from 3/12/03

Planning Board Minutes

March 12, 2003

Board members present:

John Tucker, Vice Chair Vernon Gorton, Town Solicitor

Arthur Weber Ron Wolanski, Town Planner

Colleen Aull

Skyler Mills

Members Absent:

David Lawrence

Hedy Bennett

Audrey Rearick

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

Minutes of the February 12, 2003 regular Planning Board meeting

Motion by Mr. Weber, seconded by Ms. Aull to approve the minutes of the February 12, 2003 meeting. Vote: 4-0-0

Sitting as Planning Board

Old Business

Island Farm Subdivision (Gallipeau) – Request for bond reduction

Mr. Weber recused himself from discussion of this item.

Given that the Planning Board no longer had a quorum, this item was continued to the April 9, 2003 meeting.

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

Mr. Wolanski stated that he received a phone message from Attorney Robert Silva, representing the applicant, requesting that the matter be continued to the April meeting in order to address some unresolved issues.

Motion by Mr. Weber, seconded by Ms. Aull, to continue this item to the April 9, 2003 Planning Board meeting. Vote: 4-0-0

Request of Town Engineer to execute bond for completion of required improvements – Valley View Estates Subdivision

Mr. Wolanski stated that since the last Planning Board meeting a meeting was held with the developer’s attorney and engineer, the Town Solicitor, Town Engineer, DPW Director, Planning Board Chair and Town Planner. Discussion focused on the drainage problems in the vicinity of Wintergreen Drive and the level of responsibility the developer has for correcting problems. In order to be able to advise the Planning Board and Town Engineer on how to proceed, the Town Solicitor has requested all approved plans regarding subdivision drainage and a comparison to what has been installed at the site. Following his review of this and other information the Solicitor will advise on how the Town should proceed. A continuance was requested by the Town Solicitor to allow for this review.

Motion by Mr. Weber, seconded by Ms. Aull, to continue this item to the April 9, 2003 Planning Board meeting. Vote 4-0-0

Rothenberg – Watershed Protection District – Advisory Opinion

Proposed construction of two single family dwellings in WPD Zone 1 Plat 125, Lot 41 Green End Ave.

Mr. Wolanski stated that the subcommittee visited the site and expressed concerns regarding the proposed grading and drainage control for the proposed house lots. Pat Hayes, Jr., representing the applicant, supplied a proposed grading and drainage plan which the Board reviewed.

Mr. Wolanski stated that the Town Engineer had reviewed the plan and is comfortable with the concept of the drainage control, however he requested more information, including drainage calculations.

Mr. Mills noted that the plans do not include cross-section dimensions for the swale along Green End Ave.. Spot elevations for grading and invert elevations for the proposed culverts are also missing.

Manny Mello expressed his concern to the Board that the drainage along Green End Ave. should be contained in a pipe rather than an open swale. The Board agreed that this option should be considered, considering that drainage ditches along town roads can be hazardous for motorists and pedestrians.

Motion by Mr. Mills, seconded by Ms. Aull, to forward a positive recommendation to the Zoning Board of Review on the request for a special use permit, subject to the following conditions:

The Town Engineer should approve the drainage and grading plan and associated calculations prior to granting of the Special Use Permit. In reviewing the drainage plan, the Town Engineer should be asked to consider the potential benefits of eliminating the drainage swale along Green End Ave. at the front of the proposed lots and instead require installation of piped drainage with catchbasins.

The grading and drainage plan should be revised to include spot elevations for grading and invert elevations for all drainage structures.

Vote: 4-0-0

Discussion of Planning Board Designate to the Tree Commission.

Mr. Tucker, the current representative, stated that due to a scheduling conflict he will no longer be able to attend Tree Commission meetings. This item was continued to the April meeting for consideration by the full board.

Motion by Mr. Weber seconded by Ms. Aull to continue this item to the April 9, 2003 meeting. Vote: 4-0-0.

Advisory opinion – Proposed Zoning Ordinance Amendment: Landscape Bonding

Mr. Gorton, referring to his memo to the Planning Board dated March 6, 2003, explained the revisions that were made to the draft amendment following a meeting with the Planning Board subcommittee. Comments from the Building/Zoning Official had not been received.

The Board expressed agreement with concept of requiring bonds for landscaping, and for the proposed amendment as drafted by the Town Solicitor.

Motion by Mr. Weber, seconded by Ms. Aull, to forward a positive recommendation to the Town Council on the proposed amendments to the Zoning Ordinance as drafted by the Town Solicitor and attached to his memo of march 6, 2003. Vote: 4-0-0

Additional Old Business

Mr. Wolanski stated that the March 13, 2003 meeting of the Planning Board Land Use subcommitee studying future land use along West Main Road in the area of Browns Lane was cancelled. The next meeting will be March 27^th at 5:00pm.

Mr. Wolanski stated that the planners for the three Island communities are working with the Aquidneck Island Planning Commission to select a consultant that will assist with identifying and drafting commercial design standards. The group will interview two candidates during the week of March 17^th. Members of the Planning Board are invited to attend the interviews.

New Business

RK Middletown I, LLC - 250 & 288 East Main Rd. Plat 113, Lots 15A & 17. Request for advisory opinion to the Zoning Board of Review on a Special Use Permit application pursuant to Article 16 of the Zoning Ordinance for construction of a 5000 S.F. building on land to be added to an existing Shopping Center.

Attorney Patrick Hayes, Jr., representing the applicant, explained that he was notified that the proposed location of the building would require a variance from the Zoning Board of Review because the building is within the 50ft. side setback required for shopping centers. Rather than moving forward with the request for an advisory opinion on the special use permit at this time, the applicant wishes to pursue the variance first. Mr. Hayes requested that the Board continue this item the April meeting.

There was discussion of the benefits of submitting an application for Town Center Review in conjunction with the Special Use Permit request. Mr. Hayes stated that he will consider this option once the variance issue is resolved.

Motion by Mr. Weber, seconded by Ms. Aull, to continue consideration of this item to the April 9, 2003 meeting. Vote: 4-0-0.

Discussion of policy regarding release of subdivision performance bonds

The Board established a subcommittee to consider this item and provide a recommendation to the full Planning Board. The Town Solicitor was asked to participate in the process.

The subcommittee will consist of Mr. Tucker, Ms. Bennett, and Ms. Aull and will meet at the Town Hall on Wednesday, March 26, 2003 at 9:00am.

Additional New Business

Mr. Wolanski referred to a letter dated February 13, 2003 from Kenneth J. Alves regarding the recent amendment to the Zoning Ordinance creating designations for large- and small-scale shopping centers. Mr. Laves requests that the Board also consider amending section 603 regarding dimensional requirements for shopping centers, as the existing dimensional requirements may not be appropriate for small-scale shopping centers. The Board decided to establish a subcommittee to consider the need for an amendment. The subcommittee will consist of Mr. Tucker and Ms. Bennett and meet at the Town Hall on Wednesday, March 26, 2003 at 10:00am.

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

Old Business

1. Mr. Tucker discussed the windows at the new Starbucks store at the Aquidneck Shopping Center. The windows have not yet been fitted with the grills to imitate divided light windows. Mr. Wolanski stated that the Building Dept. has contacted the contractor, who indicated that the grills are being fabricated and will be installed shortly. Mr. Tucker stated that if the grills are not installed in the near future he will raise the issue with the Town Center Review Board again.

New Business

First Bristol Corporation (Hampton Inn) 317 West Main Rd. Plat 108, Lot 131- Request to install a wall sign and pylon sign in the Town Center Overlay District

Mr. Wolanski stated that attorney Bob Silva, representing the applicant, contacted him to request a continuance to the April meeting.

Motion by Mr. Weber, seconded by Mr. Mills, to continue this item to the April 9, 2003 meeting of the Town Center Review Board. Vote: 4-0-0.

Bella’s Pizzaria (Jason Nicotero) 657 West Main Rd. Plat 107SE, Lot -Request to install an awning sign in the Town Center Overlay District

Mr. Nicotero described the proposed awning sign to the Board. The awning will be constructed of maroon nylon, with the lettering to be white. The applicant provided a revised sketch of the sign which indicates that the sign will be 17.5 sq.ft. Mr. Wolanski explained that the in this situation the size of the sign is determined by enclosing all the text on the awning within a geometric shape. The area of that shape constitutes the area of the sign. Given the storefront width of 23 ft., the total allowed signage for the store is 18.4 sq.ft. The applicant stated that there will be only the one awning sign for the business.

The Board questioned the lighting for the awning. The applicant indicated that lighting will be installed behind the awning, which will serve to illuminate the awning and provide lighting for the entrance to the store. The Board found that the awning sign is consistent with the intent of the Town Center Overlay District sign regulations.

Motion by Mr. Weber, seconded by Mr. Mills, to waive the requirements of section 2404.5(g) to allow construction of a sign with materials other than wood or metal. Vote: 4-0-0.

Motion by Mr. Mills, seconded by Mr. Weber, to approve the awning sign as proposed. Vote: 4-0-0.

Motion to adjorn by Mr. Weber, seconded by Ms. Aull. Vote: 4-0-0. Meeting adjourned at 8:00pm.


	Planning Board Minutes March 12, 2003 Board members present: John Tucker, Vice Chair Vernon Gorton, Town Solicitor Arthur Weber Ron Wolanski, Town Planner Colleen Aull Skyler Mills Members Absent: David Lawrence Hedy Bennett Audrey Rearick The meeting was called to order at 7:00 pm. Minutes of the February 12, 2003 regular Planning Board meeting Motion by Mr. Weber, seconded by Ms. Aull to approve the minutes of the February 12, 2003 meeting. Vote: 4-0-0 Sitting as Planning Board Old Business Island Farm Subdivision (Gallipeau) – Request for bond reduction Mr. Weber recused himself from discussion of this item. Given that the Planning Board no longer had a quorum, this item was continued to the April 9, 2003 meeting. Segerson – Greene Lane - Plat 105, Lot 4B & 4C, 5-lot subdivision (preliminary) – Public Hearing Mr. Wolanski stated that he received a phone message from Attorney Robert Silva, representing the applicant, requesting that the matter be continued to the April meeting in order to address some unresolved issues. Motion by Mr. Weber, seconded by Ms. Aull, to continue this item to the April 9, 2003 Planning Board meeting. Vote: 4-0-0 Request of Town Engineer to execute bond for completion of required improvements – Valley View Estates Subdivision Mr. Wolanski stated that since the last Planning Board meeting a meeting was held with the developer’s attorney and engineer, the Town Solicitor, Town Engineer, DPW Director, Planning Board Chair and Town Planner. Discussion focused on the drainage problems in the vicinity of Wintergreen Drive and the level of responsibility the developer has for correcting problems. In order to be able to advise the Planning Board and Town Engineer on how to proceed, the Town Solicitor has requested all approved plans regarding subdivision drainage and a comparison to what has been installed at the site. Following his review of this and other information the Solicitor will advise on how the Town should proceed. A continuance was requested by the Town Solicitor to allow for this review. Motion by Mr. Weber, seconded by Ms. Aull, to continue this item to the April 9, 2003 Planning Board meeting. Vote 4-0-0 Rothenberg – Watershed Protection District – Advisory Opinion Proposed construction of two single family dwellings in WPD Zone 1 Plat 125, Lot 41 Green End Ave. Mr. Wolanski stated that the subcommittee visited the site and expressed concerns regarding the proposed grading and drainage control for the proposed house lots. Pat Hayes, Jr., representing the applicant, supplied a proposed grading and drainage plan which the Board reviewed. Mr. Wolanski stated that the Town Engineer had reviewed the plan and is comfortable with the concept of the drainage control, however he requested more information, including drainage calculations. Mr. Mills noted that the plans do not include cross-section dimensions for the swale along Green End Ave.. Spot elevations for grading and invert elevations for the proposed culverts are also missing. Manny Mello expressed his concern to the Board that the drainage along Green End Ave. should be contained in a pipe rather than an open swale. The Board agreed that this option should be considered, considering that drainage ditches along town roads can be hazardous for motorists and pedestrians. Motion by Mr. Mills, seconded by Ms. Aull, to forward a positive recommendation to the Zoning Board of Review on the request for a special use permit, subject to the following conditions: The Town Engineer should approve the drainage and grading plan and associated calculations prior to granting of the Special Use Permit. In reviewing the drainage plan, the Town Engineer should be asked to consider the potential benefits of eliminating the drainage swale along Green End Ave. at the front of the proposed lots and instead require installation of piped drainage with catchbasins. The grading and drainage plan should be revised to include spot elevations for grading and invert elevations for all drainage structures. Vote: 4-0-0 Discussion of Planning Board Designate to the Tree Commission. Mr. Tucker, the current representative, stated that due to a scheduling conflict he will no longer be able to attend Tree Commission meetings. This item was continued to the April meeting for consideration by the full board. Motion by Mr. Weber seconded by Ms. Aull to continue this item to the April 9, 2003 meeting. Vote: 4-0-0. Advisory opinion – Proposed Zoning Ordinance Amendment: Landscape Bonding Mr. Gorton, referring to his memo to the Planning Board dated March 6, 2003, explained the revisions that were made to the draft amendment following a meeting with the Planning Board subcommittee. Comments from the Building/Zoning Official had not been received. The Board expressed agreement with concept of requiring bonds for landscaping, and for the proposed amendment as drafted by the Town Solicitor. Motion by Mr. Weber, seconded by Ms. Aull, to forward a positive recommendation to the Town Council on the proposed amendments to the Zoning Ordinance as drafted by the Town Solicitor and attached to his memo of march 6, 2003. Vote: 4-0-0 Additional Old Business Mr. Wolanski stated that the March 13, 2003 meeting of the Planning Board Land Use subcommitee studying future land use along West Main Road in the area of Browns Lane was cancelled. The next meeting will be March 27^th at 5:00pm. Mr. Wolanski stated that the planners for the three Island communities are working with the Aquidneck Island Planning Commission to select a consultant that will assist with identifying and drafting commercial design standards. The group will interview two candidates during the week of March 17^th. Members of the Planning Board are invited to attend the interviews. New Business RK Middletown I, LLC - 250 & 288 East Main Rd. Plat 113, Lots 15A & 17. Request for advisory opinion to the Zoning Board of Review on a Special Use Permit application pursuant to Article 16 of the Zoning Ordinance for construction of a 5000 S.F. building on land to be added to an existing Shopping Center. Attorney Patrick Hayes, Jr., representing the applicant, explained that he was notified that the proposed location of the building would require a variance from the Zoning Board of Review because the building is within the 50ft. side setback required for shopping centers. Rather than moving forward with the request for an advisory opinion on the special use permit at this time, the applicant wishes to pursue the variance first. Mr. Hayes requested that the Board continue this item the April meeting. There was discussion of the benefits of submitting an application for Town Center Review in conjunction with the Special Use Permit request. Mr. Hayes stated that he will consider this option once the variance issue is resolved. Motion by Mr. Weber, seconded by Ms. Aull, to continue consideration of this item to the April 9, 2003 meeting. Vote: 4-0-0. Discussion of policy regarding release of subdivision performance bonds The Board established a subcommittee to consider this item and provide a recommendation to the full Planning Board. The Town Solicitor was asked to participate in the process. The subcommittee will consist of Mr. Tucker, Ms. Bennett, and Ms. Aull and will meet at the Town Hall on Wednesday, March 26, 2003 at 9:00am. Additional New Business Mr. Wolanski referred to a letter dated February 13, 2003 from Kenneth J. Alves regarding the recent amendment to the Zoning Ordinance creating designations for large- and small-scale shopping centers. Mr. Laves requests that the Board also consider amending section 603 regarding dimensional requirements for shopping centers, as the existing dimensional requirements may not be appropriate for small-scale shopping centers. The Board decided to establish a subcommittee to consider the need for an amendment. The subcommittee will consist of Mr. Tucker and Ms. Bennett and meet at the Town Hall on Wednesday, March 26, 2003 at 10:00am. The Planning Board adjourned and convened as the Town Center Review Board Old Business 1. Mr. Tucker discussed the windows at the new Starbucks store at the Aquidneck Shopping Center. The windows have not yet been fitted with the grills to imitate divided light windows. Mr. Wolanski stated that the Building Dept. has contacted the contractor, who indicated that the grills are being fabricated and will be installed shortly. Mr. Tucker stated that if the grills are not installed in the near future he will raise the issue with the Town Center Review Board again. New Business First Bristol Corporation (Hampton Inn) 317 West Main Rd. Plat 108, Lot 131- Request to install a wall sign and pylon sign in the Town Center Overlay District Mr. Wolanski stated that attorney Bob Silva, representing the applicant, contacted him to request a continuance to the April meeting. Motion by Mr. Weber, seconded by Mr. Mills, to continue this item to the April 9, 2003 meeting of the Town Center Review Board. Vote: 4-0-0. Bella’s Pizzaria (Jason Nicotero) 657 West Main Rd. Plat 107SE, Lot -Request to install an awning sign in the Town Center Overlay District Mr. Nicotero described the proposed awning sign to the Board. The awning will be constructed of maroon nylon, with the lettering to be white. The applicant provided a revised sketch of the sign which indicates that the sign will be 17.5 sq.ft. Mr. Wolanski explained that the in this situation the size of the sign is determined by enclosing all the text on the awning within a geometric shape. The area of that shape constitutes the area of the sign. Given the storefront width of 23 ft., the total allowed signage for the store is 18.4 sq.ft. The applicant stated that there will be only the one awning sign for the business. The Board questioned the lighting for the awning. The applicant indicated that lighting will be installed behind the awning, which will serve to illuminate the awning and provide lighting for the entrance to the store. The Board found that the awning sign is consistent with the intent of the Town Center Overlay District sign regulations. Motion by Mr. Weber, seconded by Mr. Mills, to waive the requirements of section 2404.5(g) to allow construction of a sign with materials other than wood or metal. Vote: 4-0-0. Motion by Mr. Mills, seconded by Mr. Weber, to approve the awning sign as proposed. Vote: 4-0-0. Motion to adjorn by Mr. Weber, seconded by Ms. Aull. Vote: 4-0-0. Meeting adjourned at 8:00pm.