Middletown First-Planning Board Minutes 12/11/02

Planning Board Minutes

Middletown, RI

December 11, 2002

Board members present:

Hedy Bennett, Chair Vernon Gorton, Town Solicitor

Colleen Aull Ron Wolanski, Town Planner

David Lawrence

Audrey Rearick

Arthur Weber

Skyler Mills

Member Absent:

John Tucker

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

Minutes of November 13, 2002 Planning Board Meeting

Motion by Ms. Rearick, seconded by Mr. Weber to approve the minutes of the November 13, 2002 meeting. Vote: 6-0-0

Sitting as Planning Board

Old Business

1. Island Farm, Phase III (Paddock Lane) – Peter Gallipeau – Request for bond reduction.

Mr. Gallipeau explained that a substantial portion of the work on Paddock Lane has been completed. The requested reduction would leave the Town with sufficient surety to secure the remainder of the work. Mr. Wolanski stated that he had a conversation with the Town Engineer, who indicated that in his opinion the requested bond reduction is appropriate and acceptable based on the amount of work remaining.

Motion by Ms. Rearick, seconded by Mr. Lawrence, to approve the requested reduction of the bond for Island Farm, Phase III by $73,604.

Vote: 6-0-0

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

Mr. Gallipeau presented the final plan. He stated that the conditions of approval recommended by the Town Planner are acceptable. He requested that the cost of the bond required to secure fire protection be based on the provision of public water to a maximum of 500 feet of new water main or the installation of a cistern. He will work with the Town on specifications for each option. The Board agreed.

Mr. Gallipeau presented a letter addressed to the Town Planner and dated December 3, 2002, in which he discusses the fire protection and cemetery easement issues.

Mr. Gallipeau stated that he is opposed to providing an easement to allow public access to the cemetery located on lot 1. He is concerned with the potential liability and the inability to limit the activities of the public on his property.

The Planning Board again expressed its desire to provide public access to the cemetery, suggesting that it could be limited to daylight hours.

The Town Solicitor pointed out that under the subdivision regulations, the Planning Board has the ability to require that land be set aside to provide open space and to protect cultural resources for use by residents of the plat. Mr. Wolanski questioned whether the requested easement falls under this provision or if a separate lot would have to be created.

Mr. Gallipeau agreed to provide an easement for public access to the cemetery, provided that access be limited to daylight hours.

Motion by Mr. Weber, seconded by Ms. Aull, to approve the final subdivision plan, dated December 2002, subject to the following conditions:

1. Prior to recording of the Final Plan the survey shall be tied to the Rhode Island State Plane Coordinate System.

2. No building permits shall be issued for the further development of Lot 2 until adequate access is provided along the unimproved section of Bailey Ave., subject to the approval of the Planning Board.

3. Fire protection shall be provided for by extension of the public water supply to the property and installation of a fire hydrant within two years of the recording of the final plan. Construction specifications and location of said facilities will be subject to the approval of the Planning Board and Fire Department prior to installation. In the event that public water is not provided within two years, the applicant will install a cistern for water supply for fire protection. The cistern is to be located within the right-of-way of Sachuest Drive adjacent to the subject property. The specifications and specific location of the cistern must be approved by the Planning Board, Town Engineer and Fire Department prior to installation.

4. Prior to the issuance of building permits the applicant shall post surety in a form to be approved by the Finance Director. Surety shall be in an amount to cover the cost of installation of either public water or a cistern, which ever is the more expensive option as determined by the Town Engineer, provided that the estimated cost of providing public water shall be based on a maximum of 500 linear feet of water main, preferably connecting to the existing water main at Trout Drive. Specifications used in determining the amount of surety must be approved by the Town Engineer and Fire Department.

5. Prior to recording the final plan, an easement to allow for public access from Sachuest Drive to the cemetery located on proposed Lot 1 must be provided and shown on the plan, subject to the approval of the Town Solicitor. Such easement shall provide for public access to the cemetery during daylight hours only.

Vote: 6-0-0

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

Attorney Patrick Hayes, Jr. represented the applicant. He reviewed the proposal with the Board and requested that the Board combine the preliminary and final reviews. Issues raised by the subcommittee, which met at the site, have been addressed on the revised plan. The only outstanding issue is to tie the plan to the State Plane Coordinate System.

There was brief discussion of the zoning status of the existing shopping center. Mr. Wolanski stated that based on his conversation with the Zoning Official and a review of the Zoning Board of Review decisions regarding the BJ’s development, there appeared to be no zoning issues that would preclude the subdivision from being approved.

Alan Shers stated that his questions regarding the project were answered at the subcommittee meeting. He expressed his support for the application.

Motion by Ms. Rearick, seconded by Mr. Lawrence to grant preliminary and final approval of the subdivision, as revised December 4, 2002, subject to the following conditions:

1. Prior to recording, the plan must be tied to the Rhode Island State Plane Coordinate System.

2. Prior to recording, a note must be added to the plan which states that vehicular access to parcel B must be from O’Neil Road.

Vote: 6-0-0

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

Mr. Wolanski stated that the applicant had requested a continuance in order to address some unresolved issues, but that since this item was advertised as a public hearing, the Board may wish to take public comment.

The public hearing was opened.

Manny Mello stated that this development should not be allowed to tie into the town sewer system. It will cost the town money to maintain the new lines and to deal with the impacts on the system. The proposed lots should have septic systems. A sewer advisory committee is needed.

Mr. Weber stated that septic systems are not desirable if sewer is available. There is no capacity problem with the sewers. It’s strictly an allocation issue. The Navy is not going to use the capacity that it has been allocated.

Art Benner stated that by allowing this development to tie to sewer the Town would be acting in opposition to the sewer moratorium, and would therefore be breaking the law.

Ms. Bennett stated that Planning Board would welcome the input of a sewer advisory committee. Mr. Wolanski stated that at its last meeting the Town Council had agreed to reactivate the existing roads and sewer committee.

Ms. Aull stated that it doesn’t make sense to have some lots on septic systems and some on sewer. In some cases septic systems may be preferable if designed correctly.

Kathy Herminghaus, an abutter, requested clarification of the moratorium, and questioned why the applicant is allowed to have five lots. Ms. Bennett explained the terms of the moratorium.

Motion by Ms. Rearick, seconded by Mr. Weber to continue the public hearing to the Planning Board’s January 8, 2003 meeting.

Vote: 6-0-0

5. Rotherberg – Green End Ave. Proposed 3-lot subdivision (Preliminary) Plat 125, Lot 41

Attorney Pat Hayes, Jr., representing the applicant, explained that the plan currently before the board, including one lot that would be nonconforming for frontage, was the result of discussions with the Board. Of the potential configurations, the Board felt that the proposed plan was acceptable. Since that discussion the Town Council amended the sewer moratorium to prevent nonconforming lots from tying into the sewer. Lot A would not be allowed to tie into the sewer system under the current moratorium.

Mr. Hayes and the Board discussed the Town Planner’s recommendation that the subdivision not be granted final approval until a special use permit is grant for the residential development within Zone 1 of the Watershed Protection District. Mr. Hayes contended that the subdivision should be allowed to go forward. Special use permits would be granted for construction on the lots in the future. Mr. Wolanski countered that if the subdivision is approved, residential lots would be created that could potentially be denied the ability to be developed since they are entirely in Zone 1. There is no guarantee that special use permits will be granted for development of these lots.

The Board agreed that the creation of potentially unbuildable lots should be avoided.

Motion by Mr. Mills, seconded by Mr. Lawrence to grant preliminary approval of the subdivision plan as revised November 20, 2002, subject to the following conditions:

1. For each building lot that will not be served by public sewer, documentation indicating RIDEM septic suitability approval must be provided prior to approval of the final plan.

2. Prior to approval of the final plan a variance must be granted by the Zoning Board of Review to allow the creation of Lot A with less than the required frontage along a public road.

3. Prior to approval of the final plan a special use permit must be granted by the Zoning Board of Review to allow residential development within Zone 1 of the Watershed Protection District.

4. A note must be added to the plan prior to final approval to indicate that lot C is not a building lot, but is to be conveyed to an abutting property owner.

5. The plan must be amended to properly indicate the access easement along the easterly property boundary.

Vote: 6-0-0

6. 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 met on December 3, 2002.

Ms. Bennett explained that the subcommittee decided to allow the new Town Solicitor an opportunity to review the proposal before providing its recommendation to the full board. The subcommittee will meet again on December 17^th.

Mr. Weber expressed concern over the recent subdivision of the Stop & Shop parcel, and the attempt to get around the prohibition of gas stations in shopping centers.

Motion by Mr. Weber, seconded by Ms. Rearick, to continue consideration of this item to the January 8, 2003 Planning Board Meeting.

Vote: 6-0-0.

7. 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 met on December 3, 2002.

Ms. Bennett stated that the subcommittee’s recommendation is that the Board forward a positive recommendation to the Town Council on the proposed amendment as drafted by the previous Town Solicitor’s office.

Motion by Mr. Weber, seconded by Ms. Rearick, to forward a positive recommendation to the Town Council on the amendment as proposed.

Vote: 6-0-0.

8. Schedule Comprehensive Community Plan Update public hearing

Ms. Bennett explained that due to an advertisement problem with the public hearing held on October 30, 2002, the Planning Board must hold another public hearing prior to voting to adopt the updated Comprehensive Plan.

Motion by Mr. Mills, seconded by Mr. Lawrence, to schedule the public hearing on the Comprehensive Community Plan Update for Wednesday, January 8, 2003 at 6:00pm in the Town Council Chambers.

Vote: 6-0-0.

Attorney Patrick Hayes, Jr., representing James Vanicek, requested that the Planning Board hold a workshop prior to the public hearing to allow his client an opportunity to expresses concerns regarding the impact of the proposed future land use map change on his property.

The consensus of the Board was that the public hearing is the appropriate forum for such a discussion.

Additional old business

Mr. Wolanski informed the Board that the Town Council will consider the following matters at its December 16^th meeting: Zoning Amendment proposed by the Planning Board to create two classes of shopping center; memo from the Planning Board regarding the sewer moratorium; memo from the Board regarding traffic concerns at the intersections of East Main/Aquidneck/and Wyatt Roads.

New Business

Mr. Lawrence stated that the Fire Department and the Town should work with Portsmouth and the Navy to provide better emergency response to the West Main Rd. area of the two towns.

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

Old Business

1. 250 East Main Associates, LLC, 250 & 288 East Main Rd, Plat 113, Lot 15-A & 17

The applicant was represented by attorney Patrick Hayes, Jr. and engineer 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 conducted a site visit on December 2^nd. At this time the applicant is seeking approval only of the proposed building location in order to allow further engineering and design work to proceed. All Town Center District issues will be addressed in a subsequent application.

The applicant has submitted an addendum to the application, requesting approval to demolish the existing house on Lot 17. Mr. Wolanski stated that a public hearing is required prior to Town Center Review Board approval for the demolition of the house.

Motion by Ms. Aull, seconded by Mr. Mills to grant approval for the proposed location of the building only, as depicted on the plan dated October 23, 2002.

Vote: 6-0-0

Motion by Mr. Rearick, seconded by Mr. Weber, to adjourn.

Vote: 6-0-0.

Meeting adjourned at 8:40pm


	Planning Board Minutes Middletown, RI December 11, 2002 Board members present: Hedy Bennett, Chair Vernon Gorton, Town Solicitor Colleen Aull Ron Wolanski, Town Planner David Lawrence Audrey Rearick Arthur Weber Skyler Mills Member Absent: John Tucker The meeting was called to order at 7:00 pm. Minutes of November 13, 2002 Planning Board Meeting Motion by Ms. Rearick, seconded by Mr. Weber to approve the minutes of the November 13, 2002 meeting. Vote: 6-0-0 Sitting as Planning Board Old Business 1. Island Farm, Phase III (Paddock Lane) – Peter Gallipeau – Request for bond reduction. Mr. Gallipeau explained that a substantial portion of the work on Paddock Lane has been completed. The requested reduction would leave the Town with sufficient surety to secure the remainder of the work. Mr. Wolanski stated that he had a conversation with the Town Engineer, who indicated that in his opinion the requested bond reduction is appropriate and acceptable based on the amount of work remaining. Motion by Ms. Rearick, seconded by Mr. Lawrence, to approve the requested reduction of the bond for Island Farm, Phase III by $73,604. Vote: 6-0-0 2. Saltwood Farm – Peter and Elizabeth Gallipeau – Plat 126, Lot 4, 4-lot subdivision (Final) Mr. Gallipeau presented the final plan. He stated that the conditions of approval recommended by the Town Planner are acceptable. He requested that the cost of the bond required to secure fire protection be based on the provision of public water to a maximum of 500 feet of new water main or the installation of a cistern. He will work with the Town on specifications for each option. The Board agreed. Mr. Gallipeau presented a letter addressed to the Town Planner and dated December 3, 2002, in which he discusses the fire protection and cemetery easement issues. Mr. Gallipeau stated that he is opposed to providing an easement to allow public access to the cemetery located on lot 1. He is concerned with the potential liability and the inability to limit the activities of the public on his property. The Planning Board again expressed its desire to provide public access to the cemetery, suggesting that it could be limited to daylight hours. The Town Solicitor pointed out that under the subdivision regulations, the Planning Board has the ability to require that land be set aside to provide open space and to protect cultural resources for use by residents of the plat. Mr. Wolanski questioned whether the requested easement falls under this provision or if a separate lot would have to be created. Mr. Gallipeau agreed to provide an easement for public access to the cemetery, provided that access be limited to daylight hours. Motion by Mr. Weber, seconded by Ms. Aull, to approve the final subdivision plan, dated December 2002, subject to the following conditions: 1. Prior to recording of the Final Plan the survey shall be tied to the Rhode Island State Plane Coordinate System. 2. No building permits shall be issued for the further development of Lot 2 until adequate access is provided along the unimproved section of Bailey Ave., subject to the approval of the Planning Board. 3. Fire protection shall be provided for by extension of the public water supply to the property and installation of a fire hydrant within two years of the recording of the final plan. Construction specifications and location of said facilities will be subject to the approval of the Planning Board and Fire Department prior to installation. In the event that public water is not provided within two years, the applicant will install a cistern for water supply for fire protection. The cistern is to be located within the right-of-way of Sachuest Drive adjacent to the subject property. The specifications and specific location of the cistern must be approved by the Planning Board, Town Engineer and Fire Department prior to installation. 4. Prior to the issuance of building permits the applicant shall post surety in a form to be approved by the Finance Director. Surety shall be in an amount to cover the cost of installation of either public water or a cistern, which ever is the more expensive option as determined by the Town Engineer, provided that the estimated cost of providing public water shall be based on a maximum of 500 linear feet of water main, preferably connecting to the existing water main at Trout Drive. Specifications used in determining the amount of surety must be approved by the Town Engineer and Fire Department. 5. Prior to recording the final plan, an easement to allow for public access from Sachuest Drive to the cemetery located on proposed Lot 1 must be provided and shown on the plan, subject to the approval of the Town Solicitor. Such easement shall provide for public access to the cemetery during daylight hours only. Vote: 6-0-0 3. Kempenaar – Valley Rd./East Main Rd. - Plat 107SE, Lot 107, 2-lot subdivision (preliminary & final) Attorney Patrick Hayes, Jr. represented the applicant. He reviewed the proposal with the Board and requested that the Board combine the preliminary and final reviews. Issues raised by the subcommittee, which met at the site, have been addressed on the revised plan. The only outstanding issue is to tie the plan to the State Plane Coordinate System. There was brief discussion of the zoning status of the existing shopping center. Mr. Wolanski stated that based on his conversation with the Zoning Official and a review of the Zoning Board of Review decisions regarding the BJ’s development, there appeared to be no zoning issues that would preclude the subdivision from being approved. Alan Shers stated that his questions regarding the project were answered at the subcommittee meeting. He expressed his support for the application. Motion by Ms. Rearick, seconded by Mr. Lawrence to grant preliminary and final approval of the subdivision, as revised December 4, 2002, subject to the following conditions: 1. Prior to recording, the plan must be tied to the Rhode Island State Plane Coordinate System. 2. Prior to recording, a note must be added to the plan which states that vehicular access to parcel B must be from O’Neil Road. Vote: 6-0-0 4. Segerson – Greene Lane - Plat 105, Lot 4B & 4C, 5-lot subdivision (preliminary) – Public Hearing Mr. Wolanski stated that the applicant had requested a continuance in order to address some unresolved issues, but that since this item was advertised as a public hearing, the Board may wish to take public comment. The public hearing was opened. Manny Mello stated that this development should not be allowed to tie into the town sewer system. It will cost the town money to maintain the new lines and to deal with the impacts on the system. The proposed lots should have septic systems. A sewer advisory committee is needed. Mr. Weber stated that septic systems are not desirable if sewer is available. There is no capacity problem with the sewers. It’s strictly an allocation issue. The Navy is not going to use the capacity that it has been allocated. Art Benner stated that by allowing this development to tie to sewer the Town would be acting in opposition to the sewer moratorium, and would therefore be breaking the law. Ms. Bennett stated that Planning Board would welcome the input of a sewer advisory committee. Mr. Wolanski stated that at its last meeting the Town Council had agreed to reactivate the existing roads and sewer committee. Ms. Aull stated that it doesn’t make sense to have some lots on septic systems and some on sewer. In some cases septic systems may be preferable if designed correctly. Kathy Herminghaus, an abutter, requested clarification of the moratorium, and questioned why the applicant is allowed to have five lots. Ms. Bennett explained the terms of the moratorium. Motion by Ms. Rearick, seconded by Mr. Weber to continue the public hearing to the Planning Board’s January 8, 2003 meeting. Vote: 6-0-0 5. Rotherberg – Green End Ave. Proposed 3-lot subdivision (Preliminary) Plat 125, Lot 41 Attorney Pat Hayes, Jr., representing the applicant, explained that the plan currently before the board, including one lot that would be nonconforming for frontage, was the result of discussions with the Board. Of the potential configurations, the Board felt that the proposed plan was acceptable. Since that discussion the Town Council amended the sewer moratorium to prevent nonconforming lots from tying into the sewer. Lot A would not be allowed to tie into the sewer system under the current moratorium. Mr. Hayes and the Board discussed the Town Planner’s recommendation that the subdivision not be granted final approval until a special use permit is grant for the residential development within Zone 1 of the Watershed Protection District. Mr. Hayes contended that the subdivision should be allowed to go forward. Special use permits would be granted for construction on the lots in the future. Mr. Wolanski countered that if the subdivision is approved, residential lots would be created that could potentially be denied the ability to be developed since they are entirely in Zone 1. There is no guarantee that special use permits will be granted for development of these lots. The Board agreed that the creation of potentially unbuildable lots should be avoided. Motion by Mr. Mills, seconded by Mr. Lawrence to grant preliminary approval of the subdivision plan as revised November 20, 2002, subject to the following conditions: 1. For each building lot that will not be served by public sewer, documentation indicating RIDEM septic suitability approval must be provided prior to approval of the final plan. 2. Prior to approval of the final plan a variance must be granted by the Zoning Board of Review to allow the creation of Lot A with less than the required frontage along a public road. 3. Prior to approval of the final plan a special use permit must be granted by the Zoning Board of Review to allow residential development within Zone 1 of the Watershed Protection District. 4. A note must be added to the plan prior to final approval to indicate that lot C is not a building lot, but is to be conveyed to an abutting property owner. 5. The plan must be amended to properly indicate the access easement along the easterly property boundary. Vote: 6-0-0 6. 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 met on December 3, 2002. Ms. Bennett explained that the subcommittee decided to allow the new Town Solicitor an opportunity to review the proposal before providing its recommendation to the full board. The subcommittee will meet again on December 17^th. Mr. Weber expressed concern over the recent subdivision of the Stop & Shop parcel, and the attempt to get around the prohibition of gas stations in shopping centers. Motion by Mr. Weber, seconded by Ms. Rearick, to continue consideration of this item to the January 8, 2003 Planning Board Meeting. Vote: 6-0-0. 7. 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 met on December 3, 2002. Ms. Bennett stated that the subcommittee’s recommendation is that the Board forward a positive recommendation to the Town Council on the proposed amendment as drafted by the previous Town Solicitor’s office. Motion by Mr. Weber, seconded by Ms. Rearick, to forward a positive recommendation to the Town Council on the amendment as proposed. Vote: 6-0-0. 8. Schedule Comprehensive Community Plan Update public hearing Ms. Bennett explained that due to an advertisement problem with the public hearing held on October 30, 2002, the Planning Board must hold another public hearing prior to voting to adopt the updated Comprehensive Plan. Motion by Mr. Mills, seconded by Mr. Lawrence, to schedule the public hearing on the Comprehensive Community Plan Update for Wednesday, January 8, 2003 at 6:00pm in the Town Council Chambers. Vote: 6-0-0. Attorney Patrick Hayes, Jr., representing James Vanicek, requested that the Planning Board hold a workshop prior to the public hearing to allow his client an opportunity to expresses concerns regarding the impact of the proposed future land use map change on his property. The consensus of the Board was that the public hearing is the appropriate forum for such a discussion. Additional old business Mr. Wolanski informed the Board that the Town Council will consider the following matters at its December 16^th meeting: Zoning Amendment proposed by the Planning Board to create two classes of shopping center; memo from the Planning Board regarding the sewer moratorium; memo from the Board regarding traffic concerns at the intersections of East Main/Aquidneck/and Wyatt Roads. New Business Mr. Lawrence stated that the Fire Department and the Town should work with Portsmouth and the Navy to provide better emergency response to the West Main Rd. area of the two towns. The Planning Board adjourned and convened as the Town Center Review Board Old Business 1. 250 East Main Associates, LLC, 250 & 288 East Main Rd, Plat 113, Lot 15-A & 17 The applicant was represented by attorney Patrick Hayes, Jr. and engineer 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 conducted a site visit on December 2^nd. At this time the applicant is seeking approval only of the proposed building location in order to allow further engineering and design work to proceed. All Town Center District issues will be addressed in a subsequent application. The applicant has submitted an addendum to the application, requesting approval to demolish the existing house on Lot 17. Mr. Wolanski stated that a public hearing is required prior to Town Center Review Board approval for the demolition of the house. Motion by Ms. Aull, seconded by Mr. Mills to grant approval for the proposed location of the building only, as depicted on the plan dated October 23, 2002. Vote: 6-0-0 Motion by Mr. Rearick, seconded by Mr. Weber, to adjourn. Vote: 6-0-0. Meeting adjourned at 8:40pm