Planning Board Minutes
November 13, 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
Member Absent:
Skyler Mills
The meeting was called to order at 7:00 pm.
Minutes of October 9, 2002, October 23,
20002 Comprehensive Plan Workshop, October 30, 2002
Comprehensive Plan Public Hearing.
Motion by Ms.
Rearick, seconded by Mr. Tucker to approve the minutes of
October 9, 2002 the October 23, 20002 Comprehensive Plan
Workshop, and the October 30, 2002 Comprehensive Plan Public
Hearing. Vote: 6-0-0
Sitting as Planning Board
Old Business
1. Hillside
Farms – Joann Phillips - Plat 114, Lot 3 3-lot
subdivision (Final)
Attorney David Martland, representing the
applicant, stated that all concerns raised in Mr.
Wolanski’s memo of November 8, 2002, including
recommended changes to the plan for the riverbank wetland, the
addition of a note regarding the drainage easement, and
indication of a gate along Miantonomi Ave. for emergency access
will be addressed. He requested that these items be made
conditions of the final approval. As reqested, the applicant
has removed the fence that was located partially on Town
property along Adelaide Ave.
Motion by Mr.
Weber, seconded by Ms. Rearick, to approve the final plan
subject to the six recommended conditions contained in the memo
to the Board from Ron Wolanski dated November 8, 2002. Vote: 6-0-0
2. Starwood
Wasserman – West Main Road & Brown’s Lane
- 2-lot subdivision (Final)
Plat 106, Lot 54
Attorney Robert Silva, representing the
applicant, requested that the Board approve the final plan for
the subdivision. The applicant was granted the required special
use permit by the Zoning Board of Review. Mr. Silva stated that
the applicant is comfortable with the condition of approval
proposed in the November 8, 2002 memo from the Town Planner
regarding the installation of stop signs and pavement makings
in the shopping center parking lot.
Motion by Ms.
Rearick, seconded by Mr. Lawrence, to approve the final plan
subject to the condition that the applicant install stop signs
and stop lines at the end of each parking aisle that intersects
with the access easement on Lot B. Vote: 6-0-0
3. Northup
– Forest Ave. – Plat 112, Lot 40 3-lot
subdivision (Final)
Attorney Robert Silva, representing the
applicant, made reference to the recently amended sewer
moratorium that prohibits sewer connections to new subdivision
lots that do not meet the dimensional requirements of the
Zoning Ordinance. Because of this change Lot C of the
subdivision will not be allowed to connect to the sewer. Mr.
Silva stated that he expects to address the Town Council in an
attempt to have the moratorium amended to exempt subdivision
plans that have received preliminary approval. He requested
that the Board grant final approval of the plan with the
condition that Lot C be a nonbuildable lot until a sewer
connection is approved or a septic suitability determination is
issued by RIDEM. The issues raised by the Town Engineer prior
to the previous meeting have been addressed and the plan has
been amended accordingly.
The Board discussed the sewer moratorium
and the need to further clarify its intent and how the
moratorium will impact subdivisions that are currently under
review. By consensus the Board agreed to send a memo to the
Town Council requesting further clarification of the sewer
moratorium.
Motion by Mr.
Tucker, seconded by Mr. Lawrence, to approve the final plan as
revised 10/9/02 subject to the condition that Lot C will remain
a nonbuildable lot until either a sewer connection is allowed
by the Town or a septic suitability determination is issued by
RIDEM for lot C. Vote: 6-0-0
4. Saltwood Farm
– Peter and Elizabeth Gallipeau – Plat 126, Lot 4,
4-lot subdivision (preliminary)
Mr. Wolanski stated that the issue of the
sewer moratorium has been resolved. With the amendment recently
adopted by the Town Council the plan can proceed as proposed.
The three new building lots will be allowed to connect to the
sewer line in Bailey Avenue. The existing home on the fourth
lot is currently connected to the sewer.
Mr. Wolanski stated that the revised plan
addresses the concerns expressed by the Town Engineer,
including drainage easements and the proximity of the proposed
sewer lines to lot lines.
The Board discussed with Mr.
Gallipeau the issue of fire protection. Mr. Gallipeau is
agreeable to a condition that water for fire protection be
provided to the site, with the details of how water will be
provided yet to be determined. The preference is for a public
water source, although installation of a cistern would be
considered as a last-resort option. The posting of a bond would
be required at the final plan stage to cover the cost of
providing fire protection.
The Board discussed the desire to require
public access to the cemetery on the site. Mr. Holbrook stated
that the Town’s subdivision regulations do not require
that public access be granted to private cemeteries. The Board
requested that Mr. Holbrook research state law to determine if
there is a state regulation requiring public access.
Motion by
Mr. Weber, seconded by Mr. Tucker, to approve the preliminary
plan, as amended October 2002, with the following conditions:
1. Lot 2 will be
an unbuildable lot until adequate access is provided along the
unimproved section of Bailey Ave., subject to the approval of
the Planning Board.
2. Fire
protection shall be addressed by the provision of water either
by extension of the public water supply or some other means
subject to the approval of the Planning Board. Surety in a form
to be determined as a condition of final approval must by
posted for the provision of the required fire protection.
3. Prior to
final approval a determination shall be made by the Planning
Board regarding a proposed requirement for public access to the
cemetery on the property.
Vote: 6-0-0
5. 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. The subcommittee met at the site on
Friday October 18, 2002. The subcommittee had no specific
concerns regarding the proposed plan. Mr. Wolanski stated that
the plan is complete except for the designation of the
individual lots.
Mr. Martland explained that variances
are required to create the lot to contain the existing duplex
as it does not meet zoning requirements for frontage and area
for the duplex use. A sewer connection will be allowed for the
other lot because it meets all dimensional requirements.
The Board briefly questioned the process
followed by the applicant in constructing the garage structure,
which is to be converted to a dwelling, prior to the
subdivision. The Board conceded that the there appeared to be
no violation of Town regulations.
Motion by Mr.
Tucker, seconded by Mr. Lawrence, to grant conditional
preliminary approval subject to the applicant being granted the
required relief by the Zoning Board of Review, and provided
that the plan is amended to add lot numbers for each of the new
lots. Vote: 6-0-0
6. Kempenaar
– Valley Rd./East Main Rd. - Plat 107SE, Lot 107,
2-lot subdivision (preliminary)
Attorney Pat Hayes, Jr. represented the
applicant. The Board established a subcommittee to conduct a
site visit on November 19, 2002 at 8:30 am. The subcommittee
will consist of Ms. Bennett, Mr. Weber, and Mr. Lawrence. The
subcommittee will report back to the full Board at the December
11th meeting.
Alan Shers questioned why abutters had not
been notified. Mr. Wolanski stated that based on current state
law the subdivision is considered a minor subdivision. Abutter
notification is not required for a minor subdivision unless a
new road or road extension is proposed.
Ken Alves stated that he has information
that supports his contention that the proposed subdivision
should not be allowed due to a Zoning Board decisions regarding
the BJ’s project. Ms. Bennett asked Mr. Alves to provide
the information to the subcommittee.
7. Segerson
– Greene Lane - Plat 105, Lot 4B & 4C, 5-lot
subdivision (preliminary)
Attorney Robert Silva represented the
applicant. The Board established a subcommittee to conduct a
site visit on November 21, 2002 at 12:15pm and report back to
the Board at the December 11th meeting. The subcommittee will consist of
Mr. Lawrence, Ms. Rearick, and Ms. Aull.
8. 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 which met at the site on Thursday October 17th.
Attorney William Harvey, representing the
applicant, stated that the applicant has no problem with the
subcommittee’s recommended conditions contained in Mr.
Wolanski’s November 1, 2002 memo. Ms. Rearick stated that
the subcommittee has concerns with the proximity of the project
to the Maidford River. The subcommittee recommends that the
Board vote to forward a positive recommendation to the Zoning
Board of Review provided that drainage, floodplain, and wetland
issues are addressed as part of the Zoning Board’s
consideration of the application. Ms. Rearick referenced the
recommendation issued by the Conservation Commission.
Motion by Mr.
Weber, seconded by Mr. Lawrence, to forward a positive
recommendation on the application to the Zoning Board of
Review, subject to the following conditions:
1. Stormwater
runoff from the site should be managed through infiltration to
the extent possible. The Town Engineer should be asked to
review drainage plans prepared by the applicant’s
engineer.
2. Erosion and
sediment control measures should be implemented during the
construction phase.
3. Proof of
RIDEM Wetlands approval of the proposal should be provided to
the town prior to issuance of building permits.
4. The
requirements of Article 10 of the Zoning Ordinance related to
construction in a floodplain should be adhered to.
Vote: 5-0-0
New Business
9. Island Farm,
Phase III (Paddock Lane) – Peter Gallipeau – Request for bond reduction.
Mr. Wolanski stated that he had not yet
received comments from the Town Engineer regarding the
requested bond reduction. He recommended that the Board
continue the item until its December meeting.
Motion by Mr.
Tucker, seconded by Ms. Rearick, to continue this item to the
December 11, 2002 meeting. Vote: 6-0-0
10. Summerfield
Trust (Indian Farm Subdivision)- Benjamin Brayton -
Consider request for reduction in the amount of bond
Mr. Wolanski stated that he has received a
memo from the Town Engineer indicating that the road is
substantially complete and that the request to reduce the bond
by $80,000 would retain a sufficient amount to secure
completion of the work. The Town Engineer recommends that the
Board grant the requested bond reduction.
Motion by Mr.
Tucker, seconded by Ms. Rearick to reduced the bond being held
by the town by the amount of $80,000. Vote: 6-0-0.
11. Rotherberg
– Green End Ave. Proposed 3-lot subdivision (Preliminary
& Final) Plat 125, Lot 41
Attorney Pat Hayes, Jr., representing the
applicant, requested that the Board consider granting
conditional preliminary approval subject to the Zoning Board
granting a frontage variance for proposed lot A and the
eventual resolution of the issue of the sewer moratorium which
prohibits the connection on nonconforming lots. The Board
agreed to consider these issues, and established a subcommittee
to conduct a site visit on November 20, 2002 at 8:15am. The
subcommittee will consist of Ms. Bennett, Mr. Weber, and Mr.
Lawrence.
12. Adopt
Updated Comprehensive Plan
Ms. Bennett explained that the Board will
entertain limited public input at this time. The public hearing
on the updated plan was held on October 30th. The Board is
in receipt of a letter dated November 7, 2002 from Attorney
Edward B. Corcoran, representing V. James Vanicek, Jr. Mr.
Vanicek is a property owner in an area where a change to the
future land use plan is proposed.
Mr. Wolanski, referring to his memo to the
Board dated November 13, 2002, requested that the Board amend
the Comprehensive Plan by adding language, at the request of
the Rhode Island Airport Corporation, that would recognize the
presence of the airport in the community and recommend that the
Town consider designating an area around the airport as and
airport impact overlay district. Mr. Wolanski stated that no
new regulations are proposed in conjunction with the
designation, and the limits of the proposed district have not
been determined at this point. Having the language in the plan
will allow for the future designation of the district. The
Board agreed to add text to the plan as contained in Mr.
Wolanski’s November 13th memo.
Mr. Lawrence stated that he is concerned
with the potential impacts of the proposed change in the future
land use plan which would change the designation in an the area
of West Main Rd. and Brown’s Lane from GB to OB. He
stated that there could potentially be residential development
in this area if zoning is changed to OB. Residential
development would have significant impacts on the community,
especially the school system.
Attorney Matt Leys, representing Mr.
Vanicek, questioned the need for additional office zoned land
in town given the current vacancies of office space.
Ms. Bennett stated the Board is aware of
these concerns but feels the proposed changes will accomplish
the goal expressed by many in town for reducing the potential
for commercial development. The Plan will be referred to the
Town Council for consideration, at which point there will be an
opportunity for additional public input.
Mr. Tucker stated that the candidates
running for Town Council all voiced concern for the amount of
commercial development in town. Changing zoning is a way of
addressing this concern.
Attorney, Robert Silva, representing the
Saccucci family, owners of an auto dealership in the area of
the proposed map change, stated his opposition to the proposal
to the extent that it impacts his client’s property. He
stated that the area will always be commercial. Changing the
zoning designation would be poor planning. Additionally, making
the dealership a nonconforming use would adversely affect his
client’s ability to refinance. In response to the
statement that the public will have another opportunity to
express concerns, Mr. Silva stated that the Planning
Board’s recommendation to adopt the updated plan will
carry great weight with the Town Council.
Mr. Wolanski stated that the Board’s
concern is for the future development potential of the
property, not the existing dealership. As GB the property could
be redeveloped for more intensive retail uses. The goal is to
have the zoning in place that will promote future redevelopment
that meets the desires of the community. The Board is
responding to what it has heard from the community, which is
the desire to reduce the potential for commercial development.
Alan Shers stated his concern that property
owners in the affected area of the future land use plan change
were not directly notified of the proposed change. In his
opinion property values will be reduced as a result of the
proposed zoning change.
Gail Greenwood, speaking as a resident,
expressed her support for the proposed change to the future
land use plan.
Ken Alves stated that he served on the
Comprehensive Plan Committee, focusing on the Economic
Development chapter, but this change was not discussed and it
appears to be a last minute attempt to sneak it into the plan.
Mr. Silva also stated that he served on the Comprehensive Plan
Update Committee, but was unaware of the proposed change.
Ms. Bennett explained that the designation
of the specific area on the map to be changed was a result of
recent discussions between the Planning Board and the
Comprehensive Plan Update Committee. It was discussed at two
previous public meetings.
Morris Hirch stated that he was a candidate
for Town Council who did not raise the concern over commercial
development as an issue. In response to the statement that the
Town Council must determine whether or not to adopt the plan as
presented, he stated his concern that town boards and
committees seem to not take responsibility for what they
propose or adopt, preferring to pass their responsibilities to
another board.
Art Benner stated that he was a member of
the Comprehensive Plan Update Committee. He thanked the members
of the committee that continued attending the meetings until
the end of the process. He stated that those who claim to be
members of the committee but were not aware of the proposed
changes did not attend meetings regularly. In response to the
assertion that the Saccucci property will always be commercial,
Mr. Benner stated that things change, and that is the reason
that planning is needed.
Motion by Mr.
Weber, seconded by Mr. Tucker, to adopt the updated Middletown
Comprehensive Community Plan as revised and forward it to the
Town Council for consideration and adoption. Vote: 5-1-0 with Mr.
Lawrence in opposition.
13. Recommendation
on proposed Zoning Amendment – Uses on Shopping Center
Parcels
The Board established a subcommittee to
study the amendment proposed by the Town Council. The
subcommittee will consist of Ms. Bennett, Mr. Tucker, and Ms.
Rearick, and will meet at 9:00am on December 3, 2002 in the
Town Council Chambers.
14. Recommendation
on proposed Zoning Amendment – Variances w/ Special Use
Permit
The Board established a subcommittee to
study the amendment proposed by the Town Council. The
subcommittee will consist of Ms. Bennett, Mr. Tucker, and Ms.
Rearick, and will meet at 10:30am on December 3, 2002 in the
Town Council Chambers.
15. Richard
Alexander – This item was
continued indefinitely without discuss at the request of Mr.
Alexander.
16. Additional
New Business
Ms. Bennett requested that the Board
consider sending a memo to the Town Council urging them to
contact the Town’s legislative delegation and state
officials to request that improvements be made to the
intersection of Wyatt Road and East Main Road. The Board agreed
that the traffic issue at this intersection must be addressed
as soon as possible and that the Town Council should make it a
priority.
Ms. Bennett also requested that the Board
send a memo to the Town Council to request that they consider
further amending the sewer moratorium to eliminate the
requirement that subdivision lots must meet the dimensional
requirements of the Zoning Ordinance in order to connect to the
sewer. This provision has caused problems for proposed
subdivisions currently under review. The Board agreed to send a
memo to the Council.
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
Attorney Robert Silva, representing the
applicant, stated that the necessary relief has been granted by
the Zoning Board of Review to install the proposed sign. The
proposal has not changed from what the Board has already
approved, and includes replacing the Saab sign on the building
with a halo-lit “Autocenter” sign constructed of
wood if possible.
Motion by Mr.
Weber, seconded by Ms. Rearick, to grant final approval of the
proposed sign subject to any waivers and conditions previously
imposed by the Town Center Review Board and the Zoning Boar of
Review. Vote: 6-0-0
2. 99 East Main
Rd. Aquidneck Shopping Center Plat 107SE Lot 106
Request to install new wall sign for T-Mobile
Ray Dion of Dion Signs represented the
applicant on a request to install a new halo-lit wall sign and
an internally lit panel on the existing pylon sign at the above
referenced property. Mr. Dion stated that the wall sign would
be similar in construction to the Marshall’s sign at the
RK plaza.
Mr. Wolanski stated that the combined area
of both signs would exceed the total allowed based on his
estimate of the storefront width. Mr. Dion stated that the
width of the storefront is actually 21 feet, rather than the 18
feet estimated by Mr. Wolanski. The proposal does meet the
requirement for maximum sign area. The signs would
require waivers for construction materials. A waiver would be
required for the number of signs for the business, and for the
internally illuminated pylon sign panel. The internally
illuminate panel would be consistent with the existing panels
on the pylon sign.
Motion by Mr.
Tucker, seconded by Ms. Aull to approve a waiver from section
2404.5(d) regarding number of signs for a single business. Vote 5-1-0 with Mr.
Weber in opposition.
Motion by Mr.
Tucker, seconded by Ms. Aull to approve a waiver from section
2404.5(g) to allow signs constructed of plastic. Vote 4-2-0 with
Mr. Weber and Ms. Rearick in opposition.
Motion by Mr.
Tucker, seconded by Ms. Aull to approve a waiver from section
2404.5(h) to allow an internally lit panel on the existing
pylon sign. Vote: 5-1-0 with Mr. Weber in opposition.
Motion by Mr.
Tucker, seconded by Ms. Aull, to approve the application as
submitted, with the approved waivers. Vote: 5-1-0 with Mr. Weber
in opposition.
4. PUBLIC
HEARING 250 East Main Associates, LLC, 250 & 288 East
Main Rd, Plat 113, Lot 15-A & 17
The applicant was represented by Attorney
Pat Hayes, Jr. and Eric Offenberg. Mr. Hayes stated that he was
seeking guidance from the Board regarding the proposed location
of a 5,000 square foot building on lot 17, which will be
purchased by the applicant. The lot will be combined with lot
15A and operate as part of the shopping center currently
located on lot 15A.
The Board discussed the need to address the
existing traffic patterns in the shopping center as part of
this application. The existing problems should be corrected.
Mr. Lawrence asked if the proposed building could be relocated
to another area of the property. Mr. Offenberg stated that this
would not be possible given the current layout of the site.
Ken Alves, an abutter to the property,
stated that he is concerned with the location of the proposed
building and the impact it will have on his property, including
an existing retaining wall. Mr. Hayes and Mr. Offenberg stated
that all engineering concerns will be addressed as the approval
process proceeds. Mr. Alves also expressed concern for the
impact on traffic at the East Main Road and Valley Road
intersection. Ms. Bennett stated that this application will be
subject to the new Impact Review requirements of the Zoning
Ordinance, which will address traffic impacts.
Alan Shers stated that he was also
concerned about the traffic impacts and about the parking
situation of the site.
The Board decided to conduct a site visit
on December 2, 2002 at 9:00am.
Motion by Mr.
Weber, seconded by Mr. Tucker, to adjourn. Vote: 6-0-0.
Meeting adjourned at 9:50pm