Planning Board Minutes

October 9, 2002

Board members present:

Hedy Bennett, Chair Frank Holbrook, Town Solicitor

Colleen Aull Ron Wolanski, Town Planner

David Lawrence

Audrey Rearick

Arthur Weber

John Tucker

Skyler Mills

The meeting was called to order at 7:10 pm.

Minutes of September 11, 2002

Motion by Ms. Rearick, seconded by Mr. Weber to approve the minutes of the September 11, 2002 Planning Board meeting. Vote: 7-0-0

Sitting as Planning Board

Old Business

1. LaCroix – Tuckerman Ave. – Mike Hill- Plat 116NE, Lot 134 2-lot subdivision (Final )

Mike Hill represented the applicant. The required zoning relief has been granted by the Zoning Board of Review. Mr. Hill explained that the work to remove the second dwelling from the two-family dwelling as required by the Planning Board has not been completed. He requested that the Board grant final approval subject to the work being completed prior to recording of the plat. The Board agreed that the work must be completed prior to recording.

Motion by Mr. Weber, seconded by Ms. Rearick to approve the final plan with the condition that, prior to recording, the applicant must convert the existing two-family dwelling on the property to a single-family dwelling, so that there will be one single-family dwelling on each of the subdivision lots. Documentation from the Building/Zoning Official must be provided to the Town Planner to confirm that the required work has been completed. Vote: 7-0-0

2. Northup – Forest Ave. – Plat 112, Lot 40 3-lot subdivision (Final)

Attorney David Potts, representing the applicant, indicated that the Zoning Board of Review had granted the required frontage variance but the decision had not yet been recorded. Mr. Potts also stated that the Town Engineer had not reviewed the revised plans but that most of the comments regarding the previous plan had been addressed. Mr. Dupont, the applicant’s engineer, questioned the need for drainage calculations. Mr. Potts requested that the Board approve the final plan subject to the engineering issues being resolved with the Town Engineer.

Mr. Wolanski stated that the Town Engineer has requested that the Planning Board not conditionally approve plans where engineering issues are unresolved.

Motion by Mr. Tucker, seconded by Ms. Rearick, to continued the application to the November 13, 2002 Planning Board meeting. Vote: 7-0-0

3. Saltwood Farm – Peter and Elizabeth Gallipeau – Plat 126, Lot 4, 4-lot subdivision (preliminary)

The Board discussed with Mr. Gallipeau the issue of the sewer moratorium. There appeared to be a discrepancy between the guidance that was given to the Planning Board by the Town Council at a Sept. 23^rd meeting and an amendment to the moratorium currently under consideration by the Council. The issue involves the need for new lots to have frontage on the sewer main, which would impact the proposed subdivision. The Board expressed their desire to continue the matter until Town Council resolves the apparent discrepancy.

Mr. Gallipeau requested that the subdivision be considered for preliminary and final approval at the November meeting. The Board denied the request stating that at this time there are other issues, including provision of fire protection, which must be resolved prior to final approval.

Motion by Ms. Rearick, seconded by Mr. Mills, to continue the application to the November 13^th Planning Board meeting. Vote: 7-0-0

4. Discussion – Proposed Shopping Center Definition Zoning Amendment

Mr. Wolanski presented a draft amendment to create two classes of shopping center in the Zoning Ordinance. A memo providing the comments of Roland Chase, Assistant Solicitor, was provided. The memo included recommendations to revise the proposal prior to forwarding it to the Town Council.

Motion by Ms. Rearick, seconded by Mr. Tucker, to amend the draft as recommended and forward the revised draft to the Town Council for consideration. Vote: 7-0-0

New Business

5. Kempenaar – Valley Rd./East Main Rd. - Plat 107SE, Lot 107, 2-lot subdivision (preliminary)

Attorney Pat Hayes, Jr., representing the applicant, requested that the Board continue this application to the November meeting.

Motion by Mr. Tucker, seconded by Ms. Aull to continue the application to the November 13^th meeting. Vote: 7-0-0

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

The applicant was represented by Attorney, David Martland. The Board expressed concern with the proposed sewer connection in light of the ongoing discussion of the sewer moratorium and how it relates to new subdivision lots. The Board will continue the item until the moratorium issue is resolved.

Motion by Ms. Rearick, seconded by Mr. Mills, to continue the application to the November 13^th Planning Board meeting. Vote: 7-0-0

7. Silviera- Peckham Lane – Plat 128, Lot 7, 74, 74C 3-lot subdivision (preliminary-final)

The applicant was represented by Attorney Pat Hayes, Jr. Mr. Hayes explained that the plan creates no new building lots, but adjusts the property boundaries to be consistent with ongoing uses, including a nursery school. Currently a property line bisects the parking lot for the school. This plan will result in the areas associated with the school being on the same lot. The plat results in the reduction of frontage on lot 7 making it nonconforming. The applicant has been granted the required variance by the Zoning Board of Review.

Motion by Ms. Rearick, seconded by Mr. Lawrence to grant preliminary and final approval of the plan. Vote: 7-0-0.

8. Waite/Galvin – Oliphant Lane & Jepson Lane - Plat 111, Lot 44D, 2-lot subdivision (preliminary)

The applicant was represented by Attorney David Martland. The Planning Board established a subcommittee to review the application and report back to the full Board. The subcommittee will include Ms. Aull, Mr. Lawrence, and Ms. Rearick, and will meet at the site on Friday October 18, 2002 at 8:00am. Ms. Aull will chair the subcommittee.

9. Barker – 117 Paradise Ave. - Plat 120, Lot 69, Watershed Protection District Advisory Opinion to the Zoning Board of Review.

Ms. Bennett, stating that she is an abutter to the subject property, recused herself from discussion of this item. Mr. Tucker acted as Planning Board Chairman for this item. The Board established a technical subcommittee to review this item. The subcommittee will include Ms. Rearick, Mr. Weber, and Mr. Lawrence, and will meet at the site on Thursday October 17^th at 8:30am. Ms. Rearick will chair the subcommittee.

10. Draft Comprehensive Plan

Mr. Tucker presented the Board with the draft five-year update of the Comprehensive Community Plan. The Board thanked Mr. Tucker and the other members of the Comprehensive Plan Update Advisory Committee for their efforts in completing the update. The Board set a workshop with the Comprehensive Plan Update Committee for Wednesday, October 23^rd at 6pm. A Public Hearing will be held on Wednesday, October 30^th at 6pm in the Council Chambers.

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

Old Business

1. NF Autocenter, Inc. – One Mile Corner LLC, 310 West Main Rd., Plat 108NW, Lot 163, 168, 196

Applicant not present. Item continued to the November 13, 2002 Planning Board Meeting.

2. RK Associates – Middletown Associates, LLC 288 East Main Rd, Plat 113, Lot 15-A

The applicant was represented by Pat Hayes, Jr. The applicant requested approval of a new wall sign for the Bed Bath & Beyond store and a wall sign for a storefront created as a result of the reduction of the size of the Bed Bath & Beyond store. There would be no addition to the pylon sign for the new store. The applicant offered two alternatives. The first included wall signs for each store that would be in compliance with the area requirements. The second included a wall sign with area that would result in the Bed Bath & Beyond store exceeding its allowed signage area. The wall sign for the new storefront would be less that what is allowed in the Zoning Ordinance.

The Board reviewed and discussed the merits of both alternatives. The Board decided that the applicant must be required to conform with the area requirements of the ordinance in order to avoid setting a precedent that could affect future enforcement of the regulations.

The applicant requested that the Board waive the requirement for materials to allow the signs to be constructed with opaque plastic letters. The letters will be back-lit or “halo” lit consistent with the Marshall’s sign currently in place on the building.

The applicant also requested approval of the new storefront to include glass doors and windows consistent with the other storefronts in the shopping center.

Motion by Mr. Mills, seconded by Ms. Rearick to approve the application for wall signage for the Bed Bath & Beyond store and the new storefront consistent with Exhibit A as presented, provided that the signs are back-lit and comply with area requirements, and provided that the sign for the new storefront is limited to two-feet in height. In approving the application the Board waives the requirements of section 2404.5(g) to allow construction using plastic letters. Vote 7-0-0

Motion by Mr. Weber, seconded by Mr. Lawrence to approve the installation of the new storefront consistent with the storefronts in the shopping center. Vote: 7-0-0.

Following the decisions on the signs and the storefront, Mr. Hayes stated that RK Associates is interested in purchasing an adjacent property (AP 133, Lot 17) for an undetermined future use.

3. Aquidneck Plaza – Starbucks – 99 East Main Road Plat 107SE, Lot 106

The applicant, represented by Attorney David Martland, requested the Board’s approval to alter a previously approved plan. The change would alter the East Main Rd. façade of the building by eliminating a door and stairway on the rear of the building and providing two handicapped accessible doors on the north side of the building facing East Main Road.

The Board reviewed the revised plan. The Board requested clarification that the proposed windows will be double-hung and with the appearance of divided-light windows, as was required on the approved plan. The applicant stated that such requirements will be adhered to.

Motion by Ms. Rearick, seconded by Mr. Lawrence to approve the revised plan as presented and dated 10/3/02 provided that the windows be consistent with those required for the previously approved plan, including that they be double-hung windows with the appearance of being divided-light windows. Vote: 7-0-0.

4. Ms Bennett stated that at the last meeting the Planning Board requested that Mr. Wolanski contact Mr. Greifendorf, the architectural advisor to the Town Center Review Board, to determine if he is interested in continuing in that role. Mr. Wolanski stated that he had sent a letter to Mr. Greifendorf, but had not received a reply. An earlier phone message was not returned.

Motion by Mr. Tucker, seconded by Ms. Rearick to send a letter to the Town Council requesting that a new architectural advisor be appointed. Vote: 7-0-0.

Motion by Mr. Weber, seconded by Ms. Rearick, to adjourn. Vote: 7-0-0.

Meeting adjourned at 8:15pm


	Planning Board Minutes October 9, 2002 Board members present: Hedy Bennett, Chair Frank Holbrook, Town Solicitor Colleen Aull Ron Wolanski, Town Planner David Lawrence Audrey Rearick Arthur Weber John Tucker Skyler Mills The meeting was called to order at 7:10 pm. Minutes of September 11, 2002 Motion by Ms. Rearick, seconded by Mr. Weber to approve the minutes of the September 11, 2002 Planning Board meeting. Vote: 7-0-0 Sitting as Planning Board Old Business 1. LaCroix – Tuckerman Ave. – Mike Hill- Plat 116NE, Lot 134 2-lot subdivision (Final ) Mike Hill represented the applicant. The required zoning relief has been granted by the Zoning Board of Review. Mr. Hill explained that the work to remove the second dwelling from the two-family dwelling as required by the Planning Board has not been completed. He requested that the Board grant final approval subject to the work being completed prior to recording of the plat. The Board agreed that the work must be completed prior to recording. Motion by Mr. Weber, seconded by Ms. Rearick to approve the final plan with the condition that, prior to recording, the applicant must convert the existing two-family dwelling on the property to a single-family dwelling, so that there will be one single-family dwelling on each of the subdivision lots. Documentation from the Building/Zoning Official must be provided to the Town Planner to confirm that the required work has been completed. Vote: 7-0-0 2. Northup – Forest Ave. – Plat 112, Lot 40 3-lot subdivision (Final) Attorney David Potts, representing the applicant, indicated that the Zoning Board of Review had granted the required frontage variance but the decision had not yet been recorded. Mr. Potts also stated that the Town Engineer had not reviewed the revised plans but that most of the comments regarding the previous plan had been addressed. Mr. Dupont, the applicant’s engineer, questioned the need for drainage calculations. Mr. Potts requested that the Board approve the final plan subject to the engineering issues being resolved with the Town Engineer. Mr. Wolanski stated that the Town Engineer has requested that the Planning Board not conditionally approve plans where engineering issues are unresolved. Motion by Mr. Tucker, seconded by Ms. Rearick, to continued the application to the November 13, 2002 Planning Board meeting. Vote: 7-0-0 3. Saltwood Farm – Peter and Elizabeth Gallipeau – Plat 126, Lot 4, 4-lot subdivision (preliminary) The Board discussed with Mr. Gallipeau the issue of the sewer moratorium. There appeared to be a discrepancy between the guidance that was given to the Planning Board by the Town Council at a Sept. 23^rd meeting and an amendment to the moratorium currently under consideration by the Council. The issue involves the need for new lots to have frontage on the sewer main, which would impact the proposed subdivision. The Board expressed their desire to continue the matter until Town Council resolves the apparent discrepancy. Mr. Gallipeau requested that the subdivision be considered for preliminary and final approval at the November meeting. The Board denied the request stating that at this time there are other issues, including provision of fire protection, which must be resolved prior to final approval. Motion by Ms. Rearick, seconded by Mr. Mills, to continue the application to the November 13^th Planning Board meeting. Vote: 7-0-0 4. Discussion – Proposed Shopping Center Definition Zoning Amendment Mr. Wolanski presented a draft amendment to create two classes of shopping center in the Zoning Ordinance. A memo providing the comments of Roland Chase, Assistant Solicitor, was provided. The memo included recommendations to revise the proposal prior to forwarding it to the Town Council. Motion by Ms. Rearick, seconded by Mr. Tucker, to amend the draft as recommended and forward the revised draft to the Town Council for consideration. Vote: 7-0-0 New Business 5. Kempenaar – Valley Rd./East Main Rd. - Plat 107SE, Lot 107, 2-lot subdivision (preliminary) Attorney Pat Hayes, Jr., representing the applicant, requested that the Board continue this application to the November meeting. Motion by Mr. Tucker, seconded by Ms. Aull to continue the application to the November 13^th meeting. Vote: 7-0-0 6. Segerson – Greene Lane - Plat 105, Lot 4B & 4C, 5-lot subdivision (preliminary) The applicant was represented by Attorney, David Martland. The Board expressed concern with the proposed sewer connection in light of the ongoing discussion of the sewer moratorium and how it relates to new subdivision lots. The Board will continue the item until the moratorium issue is resolved. Motion by Ms. Rearick, seconded by Mr. Mills, to continue the application to the November 13^th Planning Board meeting. Vote: 7-0-0 7. Silviera- Peckham Lane – Plat 128, Lot 7, 74, 74C 3-lot subdivision (preliminary-final) The applicant was represented by Attorney Pat Hayes, Jr. Mr. Hayes explained that the plan creates no new building lots, but adjusts the property boundaries to be consistent with ongoing uses, including a nursery school. Currently a property line bisects the parking lot for the school. This plan will result in the areas associated with the school being on the same lot. The plat results in the reduction of frontage on lot 7 making it nonconforming. The applicant has been granted the required variance by the Zoning Board of Review. Motion by Ms. Rearick, seconded by Mr. Lawrence to grant preliminary and final approval of the plan. Vote: 7-0-0. 8. Waite/Galvin – Oliphant Lane & Jepson Lane - Plat 111, Lot 44D, 2-lot subdivision (preliminary) The applicant was represented by Attorney David Martland. The Planning Board established a subcommittee to review the application and report back to the full Board. The subcommittee will include Ms. Aull, Mr. Lawrence, and Ms. Rearick, and will meet at the site on Friday October 18, 2002 at 8:00am. Ms. Aull will chair the subcommittee. 9. Barker – 117 Paradise Ave. - Plat 120, Lot 69, Watershed Protection District Advisory Opinion to the Zoning Board of Review. Ms. Bennett, stating that she is an abutter to the subject property, recused herself from discussion of this item. Mr. Tucker acted as Planning Board Chairman for this item. The Board established a technical subcommittee to review this item. The subcommittee will include Ms. Rearick, Mr. Weber, and Mr. Lawrence, and will meet at the site on Thursday October 17^th at 8:30am. Ms. Rearick will chair the subcommittee. 10. Draft Comprehensive Plan Mr. Tucker presented the Board with the draft five-year update of the Comprehensive Community Plan. The Board thanked Mr. Tucker and the other members of the Comprehensive Plan Update Advisory Committee for their efforts in completing the update. The Board set a workshop with the Comprehensive Plan Update Committee for Wednesday, October 23^rd at 6pm. A Public Hearing will be held on Wednesday, October 30^th at 6pm in the Council Chambers. The Planning Board adjourned and convened as the Town Center Review Board Old Business 1. NF Autocenter, Inc. – One Mile Corner LLC, 310 West Main Rd., Plat 108NW, Lot 163, 168, 196 Applicant not present. Item continued to the November 13, 2002 Planning Board Meeting. 2. RK Associates – Middletown Associates, LLC 288 East Main Rd, Plat 113, Lot 15-A The applicant was represented by Pat Hayes, Jr. The applicant requested approval of a new wall sign for the Bed Bath & Beyond store and a wall sign for a storefront created as a result of the reduction of the size of the Bed Bath & Beyond store. There would be no addition to the pylon sign for the new store. The applicant offered two alternatives. The first included wall signs for each store that would be in compliance with the area requirements. The second included a wall sign with area that would result in the Bed Bath & Beyond store exceeding its allowed signage area. The wall sign for the new storefront would be less that what is allowed in the Zoning Ordinance. The Board reviewed and discussed the merits of both alternatives. The Board decided that the applicant must be required to conform with the area requirements of the ordinance in order to avoid setting a precedent that could affect future enforcement of the regulations. The applicant requested that the Board waive the requirement for materials to allow the signs to be constructed with opaque plastic letters. The letters will be back-lit or “halo” lit consistent with the Marshall’s sign currently in place on the building. The applicant also requested approval of the new storefront to include glass doors and windows consistent with the other storefronts in the shopping center. Motion by Mr. Mills, seconded by Ms. Rearick to approve the application for wall signage for the Bed Bath & Beyond store and the new storefront consistent with Exhibit A as presented, provided that the signs are back-lit and comply with area requirements, and provided that the sign for the new storefront is limited to two-feet in height. In approving the application the Board waives the requirements of section 2404.5(g) to allow construction using plastic letters. Vote 7-0-0 Motion by Mr. Weber, seconded by Mr. Lawrence to approve the installation of the new storefront consistent with the storefronts in the shopping center. Vote: 7-0-0. Following the decisions on the signs and the storefront, Mr. Hayes stated that RK Associates is interested in purchasing an adjacent property (AP 133, Lot 17) for an undetermined future use. 3. Aquidneck Plaza – Starbucks – 99 East Main Road Plat 107SE, Lot 106 The applicant, represented by Attorney David Martland, requested the Board’s approval to alter a previously approved plan. The change would alter the East Main Rd. façade of the building by eliminating a door and stairway on the rear of the building and providing two handicapped accessible doors on the north side of the building facing East Main Road. The Board reviewed the revised plan. The Board requested clarification that the proposed windows will be double-hung and with the appearance of divided-light windows, as was required on the approved plan. The applicant stated that such requirements will be adhered to. Motion by Ms. Rearick, seconded by Mr. Lawrence to approve the revised plan as presented and dated 10/3/02 provided that the windows be consistent with those required for the previously approved plan, including that they be double-hung windows with the appearance of being divided-light windows. Vote: 7-0-0. 4. Ms Bennett stated that at the last meeting the Planning Board requested that Mr. Wolanski contact Mr. Greifendorf, the architectural advisor to the Town Center Review Board, to determine if he is interested in continuing in that role. Mr. Wolanski stated that he had sent a letter to Mr. Greifendorf, but had not received a reply. An earlier phone message was not returned. Motion by Mr. Tucker, seconded by Ms. Rearick to send a letter to the Town Council requesting that a new architectural advisor be appointed. Vote: 7-0-0. Motion by Mr. Weber, seconded by Ms. Rearick, to adjourn. Vote: 7-0-0. Meeting adjourned at 8:15pm