Jun. 11, 2025 - Planning Board Meeting

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350 East Main Road, Middletown, RI 02842 (401) 849-4027 | MiddletownRI.com |

PLANNING BOARD MINUTES

Regular Meeting

June 11, 2025, 6pm

Town Council Chambers – Town Hall

350 East Main Road

Middletown, RI 02842

Board members present:

Paul Croce, Chair

Charlie Vaillancourt, Vice Chair

Michael Fenton, Secretary

B.J. Owen

Joe Pierik

Steve Huttler

Also present

Ron Wolanski, Town Planner

Michael Monti, Assistant Town Solicitor

Anita Guo, Principal Planner

Peter Skwirz, Conflict Solicitor

Member absent

Leon Amarant

Mr. Croce called the meeting to order at 6:00pm.

• Mr. Croce suggested edits.

• Motionby Ms. Owen, seconded by Mr. Vaillancourt to approve the minutes as amended.- Vote: 6-0-0.

• None.

a.    Mr. Croce shared item 5D will not be heard tonight as the property owner did not submit the concept plans.

a.    Public Hearing  - Application of Ocean State Holdings of 310 West Main Road, LLC for combined Preliminary and Final Development Plan Review for the reconstruction of an existing 1,500+/- s.f. commercial building including installation of garage doors, including requests for waivers from certain provisions of the commercial development design requirements of Section 521 of the Middletown Rules and Regulations Regarding the Subdivision and Development of Land including 521.2.A.4, 521.B.2, and 521.2.C. Property located at 310 West Main Rd., Tax Assessors Plat 108NW, Lot 16801.

i.        Motion by Ms. Owen, seconded by Mr. Vaillancourt to open the public hearing. Vote: 6-0-0.

ii.        Attorney Bob Silva represented the applicant and shared that the previous owner had went before the Board for a development plan review with requested waivers. Mr. Silva shared the property has since been acquired by current owner Jon Narcessian. The application for tonight is to replace a 1,500 square feet building on the same footprint with a higher ceiling height to accommodate larger vehicles and a request to repair and replace windows on the South, West, and North side of existing building.

iii.        Mr. Vaillancourt shared concern with landscaping along property line with Race Street and suggested an improved fence or trees along the fence line. Applicant Mr. Narcessian agreed and suggested year round green shrubs along fence line on Race St and possibly trees on Beacon St. Ms. Owen agreed with Mr. Vaillancourt for more greenery and suggested the applicant to work with the Tree Commission.

iv.        Mr. Fenton asked for clarification about the replacement building and area of work. Bruce Jaffin from Vector Builders went over the partial demo plan which would keep the existing foundation and rebuild the building with a higher ceiling for commercial vehicles.

v.        Mr. Pierik asked about rooftop equipment, which Mr. Javin addressed there would be one HVAC structure on the roof.

vi.        Mr. Croce asked about improvements to the roofline. Mr. Silva shared the applicant is proposing to keep roofline as is but is willing to add landscaping and a stonewall along West Main Road and shrubs in the parking area.

vii.        Mr. Croce opened the floor for public input.

viii.        Terri Flynn, 34 Warren Ave asked for clarification on height and location which Mr. Jaffin addressed that the new building will be 3-4 feet above the existing rooftline.

ix.        No other members of the public wished to speak.

x.        Motion by Ms. Owen, seconded by Mr. Vaillancourt to close the public hearing. Vote: 6-0-0.

xi.        Motion by Mr. Vaillancourt, seconded by Ms. Owen to grant the requested waiver, approve preliminary and final development plan review, and make the required findings subject the following condition of approval.

1.    Requested waiver: Section 521.2.C. – Materials:** The applicant is proposing the use of exterior insulation finish system (EIFS) for siding. **

2.    Condition: Prior to permitting, the plans shall be revised to include the addition of landscaping along the Race Street frontage in order to screen the property from public view. The landscape plan shall also include landscape plantings on the West Main Road side of the property. The landscape plan shall be reviewed by the Middletown Tree Commission, and shall be revised to address comments as necessary.

3.    Vote: 6-0-0.

a.    Public Hearing - Request of 28 Jacome Way LLC for waivers from design standards sections 521.2.B and 521.2.C of the Middletown Rules and Regulations Regarding the Subdivision and Development of Land for the proposed replacement of an existing curtain wall, including proposed use of exterior building materials and windows and doors not meeting design requirements. Property located at 28 Jacome Way, Assessor’s Plat 115, Lot 42.

i.        Motion by Ms. Owen, seconded by Mr. Vaillancourt to open the public hearing. Vote: 6-0-0.

ii.        Attorney Dave Martland represented the property owner and shared the owner is seeking a waiver to replace the windows and curtainwall system as water is leaking into the building.

iii.        Architect Spencer McCombe shared there are no changes to the building except for replacing the system. In his professional opinion, it is appropriate and easy to replace and repair the windows to address leaking.

iv.        Mr. Fenton and Mr. Croce asked for description of the curtain wall which Mr. McCombe explained will be made of glass and aluminum panel and will be on the South, West, and East side of the building. The internal building layout will remain the same.

v.        Mr. Croce opened the floor for public input.

vi.        Mike Flynn, 34 Warren Ave expressed in favor of the project and said that it will be an improvement.

vii.        No other members of the public wished to speak.

viii.        Motion by Mr. Vaillancourt, seconded by Ms. Owen to close the public hearing. Vote: 6-0-0.

ix.        Motion by Mr. Vaillancourt, seconded by Ms. Owen to grant both waivers and make the required findings:

1.    Requested waivers:

a.     Section 521.2.C.1 – Materials: The applicant is requesting the use of non-traditional siding materials, including glass and aluminum-clad spandrel panels. The project does not meet the requirement for use of traditional materials such as wooden clapboards, shingles, patterned shingles, brick, or stone.

b.    Section 521.2.B.2 – Windows: The applicant is requesting the use of windows that are not of true or simulated divided-light design as required by the design standards.

2.    Vote: 6-0-0.

b.    Public Hearing –  Application of 59 Aquidneck, LLC for combined Preliminary and Final Plan approval for a minor land development project for adaptive reuse of an existing commercial building to establish a 6-unit multi-family dwelling structure under the provisions of Middletown Zoning Ordinance Section 728, including requests for waivers from certain provisions of the commercial development design requirements of Section 521.3 of the Middletown Rules and Regulations Regarding the Subdivision and Development of Land regarding landscaping. Property located at 59 Aquidneck Ave., Tax Assessors Plat 115SE, Lot 169.

i.        Motion by Ms. Owen, seconded by Mr. Vaillancourt to open the public hearing. Vote: 6-0-0.

ii.        Attorney Dave Martland presented the proposal to convert an existing building into six residential units through adaptive reuse. The TRC gave a positive recommendation with four conditions. Changes include removing a small portion of the building, eliminating some parking spaces, and adding landscaping. The discussion covered parking layout, landscaping improvements, traffic reduction, and coordination with proposed Aquidneck Avenue improvements.

iii.        Engineer Lyn Small reviewed existing and proposed site conditions, noting improvements to nonconforming rear parking, addition of stormwater management (currently none), new landscaping and seating areas, improved curb cuts, and increased green space. RIDOT has approved the plan. The engineer agreed to all TRC conditions. No RIDEM or CRMC permits are required.

iv.        Mr. Fenton inquired about short-term rentals (STRs). Mr. Martland clarified that STRs would require a separate process and approval. The new ordinance limits new STRs to 6 guests, must have an owner living on-site, and require a Special Use Permit (SUP).

v.        There was discussion about the existing sign. Mr. Huttler noted the sign may be nonconforming but permitted to remain. However, the plans show it will be removed.

vi.        After a brief recess, Mr. Martland confirmed the project includes 6 units with a total of 8 bedrooms (4 one-bedroom, 2 two-bedroom). The sign will be removed as it's in the public right-of-way.

vii.        Mr. Huttler asked about stormwater improvements due to the site's location in a water protection district. Ms. Small demonstrated reductions in peak runoff and volume for 1-, 2-, 25-, and 100-year storms, citing compliance with state law through conversion of impervious areas to landscaping.

viii.        Mr. Vaillancourt asked about outdoor spaces, which Mr. Martland confirmed would not be enclosed.

ix.        Ms. Owen shared Tree Commission comments. Mr. Martland agreed to share plans with them, including resolution of the plans showing landscaping in front of the sliding doors.

x.        Mr. Pierik expressed support for the project and asked about the retaining wall. Ms. Small said it will be reviewed during permitting, with a goal to maintain height and add stone facing.

xi.        Mr. Fenton asked about the dumpster location and screening, which Mr. Martland addressed.

xii.        Mr. Croce asked about ADA parking. One ADA space will be provided. No adverse traffic impacts expected.

xiii.        The RAUC noted a discrepancy in north-end survey points. Mr. Martland said their surveyor resolved the issue.

xiv.        Mr. Croce opened the floor for public input.

xv.        Mike Flynn, 34 Warren Ave raised concerns about residential use in the Atlantic Beach District, STRs, and dumpster location. Staff noted that adaptive reuse is allowed in the ABD and there is no cap on STRs in the ABD.

xvi.        A resident on Bliss Mine Rd. asked about affordable housing. Mr. Martland clarified there’s no state requirement for adaptive reuse projects to include affordable housing.

xvii.        Terri Flynn, 34 Warren Ave, asked about front doors, curb cuts, and dumpster proximity. Mr. Martland addressed these concerns. No landscaping waiver is needed. She requested a condition prohibiting STRs and establishing an HOA.

xviii.        There was a discussion about the silk socks which Mr. Pierik clarified silk socks are temporary during construction, not long-term stormwater controls.

xix.        Mr. Vaillancourt supported the dumpster location; no neighbor objections were noted.

xx.        Carrie Lewis, 54 Aquidneck Ave, expressed STR concerns, and noted uncertainty about unbuilt projects. She asked about patios and confirmed no building expansion is planned.

xxi.        Mike Flynn concluded the application is consistent with adaptive reuse provisions in the ABD.

xxii.        Mr. Huttler asked about conversion of impervious surfaces to grass as a Best Management Practice (BMP) which Ms. Small confirmed.

xxiii.        No other public comments were received.

xxiv.        Motion by Ms. Owen, seconded by Mr. Vaillancourt to close the public hearing. Vote: 6-0-0.

xxv.        Motion by Mr. Vaillancourt, seconded by Ms. Owen to approve the preliminary and final plan of a minor land development project, make the required findings, subject to the following conditions of approval:

1.    Conditions:

a.    Prior to permitting, the applicant shall coordinate the curbing with the proposed RIDOT improvements on Aquidneck Ave as necessary.

b.    Prior to permitting, the applicant shall revise the plans to include curb blocks on Briarwood and Aquidneck Ave, subject to approval from the Town Engineer

c.     Prior to permitting, the applicant shall provide a CCTV recording of the sewer service to survey conditions, subject to approval from the Director of Public Works.

d.    Prior to permitting, the applicant shall revise the plans to add additional erosion measures, subject to approval from the Town Engineer.

e.    Prior to permitting, the design of the retaining wall shall be submitted for approval by the Town Engineer.

f.      Prior to permitting, the landscape plan shall be reviewed by the Middletown Tree Commission, and shall be revised to address comments as necessary.

2.    Vote: 6-0-0.

c.     Public Hearing - Application of 525 Broadway, LLC for Master Plan approval of a Major Land Development Project for a conventional multi-family dwelling project seeking approval from the Middletown Planning Board for 7 dwelling units. The application includes requests for variance from Middletown Zoning Ordinance to allow a conventional multi-family dwelling project, where it is currently not permitted in R-10 zoning district. The applicant further seeks variances from the Middletown Zoning Ordinance as follows: from the front setback requirements; from the lot coverage requirements; from the prohibition on more than one dwelling unit or principal building on a lot; from the distance between principal buildings; from the minimum developable land area per dwelling unit requirements; from the parking requirements; from the square footage of living space for one-bedroom units standards; from the height requirements; and from the open space ratio requirements.   Property identified as Tax Assessor’s Plat 108SW, Lot 151 (nearest intersection is West Main Road and Miantonomi Ave., within 1/10th of a mile).

i.        Mr. Monti recused from this matter. Conflict solicitor Peter Skwirz was present and advised the Board.

ii.        Motion by Mr. Huttler, seconded by Mr. Vaillancourt to open the public hearing. Vote: 6-0-0.

iii.        Attorney Matt Leys represented the applicant and shared the project is to provide workforce housing with 44 units. A small portion of the property is in Middletown while the rest is in Newport. Site access, utilities, and parking will be on the Newport side. The applicant is requesting master plan approval tonight and the staff identified waivers and landscape plan will be addressed at preliminary plan stage. Procedure is for master plan approval.

iv.        Architect Jeffrey Moniz was present and shared his previous work experience in Newport. Mr. Moniz described that the project will have 43 one-bedroom units between 440 and 490 square feet and one two-bedroom unit. The units in Middletown are in Building B in Middletown. Mr. Moniz and Mr. Leys went over the site and parking layout and variance requests.

v.        Mr. Vaillancourt asked for workforce housing definition which Mr. Moniz shared in his definition is smaller units that are not geared towards families.

vi.        Mr. Huttler expressed concern with the density of the development and asked the applicant to consider a project with less density. There was discussion about smaller single bedroom units versus larger units with 3 bedrooms.

vii.        Mr. Fenton spoke about how workforce housing is based on area median income and rent and how the rent falls under the AMI for workforce housing. Mr. Wolanski stated the units will not be deed-restricted and won’t count towards affordable housing. Mr. Leys spoke about how the project does not receive any subsidies from the Town to deed restrict them and how it is not financially feasible to do so.

viii.        Mr. Fenton asked about the traffic layout, which the applicant stated the main access will be on Broadway.

ix.        Engineer Lyn Small discussed the site conditions including that the project will meet Town and State requirements for runoff and there is no significant environmental impact.

x.        Landscape Architect Pam Rogers presented a copy of the proposed landscape plan to the Board and went over the proposal. She shared some existing trees along the property lines are retained as much as possible to not disturb drainage patterns.

xi.        Mr. Croce asked about the mature trees within the site which Ms. Rogers shared six will be removed, three retained, but two new trees will be replaced for each one removed.

xii.        Traffic Engineer Beth Lavoie went over the traffic study and that she found no significant impacts on the Broadway intersection based on calculations and at peak traffic, there are minimal impacts. Mr. Huttler expressed concern with traffic on the intersection and asked for a full traffic impact study be submitted at preliminary plan stage.

xiii.        Ms. Owen asked about Newport’s thoughts on the proposal which Mr. Leys shared the project received a positive recommendation from Newport TRC and will go before the Newport Planning Board on 6/16.

xiv.        Real estate appraiser James Houle went over the requested variances, multimodal project, unit sizes and demographics, workforce housing, and parking demand. Mr. Houle stated he found the variance requests are due to the unique circumstances of the lot, the project aligns with the comprehensive plan, and doesn’t alter general character and has no impacts on neighboring properties.

xv.        Mr. Fenton recognizes the need for workforce housing but is concerned with the density and lack of outside space or amenities. Mr. Leys shared the site will be managed by an on-call property manager who does not live at the site.

xvi.        Mr. Pierik spoke about how there is no access on the Middletown lot and there are limited possibilities and likely no other use for the property by itself.

xvii.        Mr. Croce expressed his concern with the density of the overall project but clarified that the Planning Board’s scope is limited to the Middletown side of the property.

xviii.        Mr. Croce opened the floor for public input.

xix.        Susan Hayes, 21 Freeborn Street, shared her house is directly behind the subject lot. She spoke about not being in favor of variances on the lot line that borders her house. She expressed concern with community, environmental, public services, water, traffic, and landscaping impacts. She also described the loss of mature trees on the property, one of which is over 300 years old.

xx.        Alicia Reyes, 30 Bliss Mine Rd, acknowledged the need for more affordable housing and the unique circumstances of the lot. Ms. Reyes expressed concerns with parking on Broadway, cut through traffic pattern in nearby neighborhoods, and concerns with deviating from the Zoning Ordinance.

xxi.        No other members of the public wished to speak.

xxii.        Mr. Leys spoke about the need for workforce housing and without variances, the Town will not get workforce housing with this project. There was discussion about how a different project will not change the density with larger condos. Mr. Leys shared traffic concerns are addressed by the traffic study and the engineer stated the impact will be minimal. A full traffic impact study will be done at a later stage. The landscape plan will be submitted to Newport and Middletown at preliminary plan stage. Fire, police, and traffic will be addressed during TRC. Mr. Leys asked the Board to look at the project only from the Middletown side and whether it meets legal standards.

xxiii.        Motion by Ms. Owen, seconded by Mr. Vaillancourt to close the public hearing. Vote: 6-0-0.

xxiv.        Mr. Huttler expressed concerns with workforce housing at this location, with single family homes surrounding it on the Middletown side, the density of the number of units on the land area and changing the character of the neighborhood. Mr. Huttler suggested the applicant come back in sixty days with a revised project.

xxv.        Mr. Croce expressed concern with the density and doesn’t want to get rid of the mature trees, and agreed with Mr. Huttler’s suggestion.

xxvi.        Mr. Leys stated the applicant requests a vote tonight to know the direction of the project.

xxvii.        Motion by Mr. Vaillancourt, seconded by Mr. Pierik to approve the 10 requested variances and to make the required findings:

1.    **Requested Zoning Relief: **

a.    § 602: conventional multi-family dwelling project, where conventional multi-family dwelling project is not permitted.

b.    § 600; § 603 (R-10 Residential District): Front setback (lot line closest to Freeborn Street) of 20' where 25' is permitted.

c.     § 600; § 603 (R-10 Residential District): Lot coverage of 32.5% where 25% is permitted.

d.    § 702 (A): More than one dwelling unit or principal building on a lot, where not more than one dwelling unit or principal building on a lot is permitted in the R-10 zoning district, except in the case of motels or hotels, and multifamily dwelling projects in conservation developments, as further provided in the Zoning Ordinance.

e.    § 1508 (A): Distance of 20' between principal buildings, where 50' is required.

f.      § 1504: Minimum developable land area per dwelling unit of 1 per 916.57 square feet, where 6,000 square feet per unit is required for one-bedroom units.

g.    § 1300; § 1301; § 1302; § 1304: 0 parking spaces provided on the Middletown part of property where 14 parking spaces are required. Note: the overall site will have 44 parking spaces (plus 2 ADA spaces), 7 of which would be dedicated to the 7 units in Middletown.

h.    § 711 (B): One-bedroom units with less than 500 square feet of living space, where 500 square feet is required.

i.      § 704; § 603: Height of 36' (inclusive of screening) where 35' is allowed.

j.      § 1505: Open space ratio of .69 where 3.0 is required.

2.    Vote: 2-4-0, with Mr. Vaillancourt and Pierik in favor, and with Mr. Huttler, Mr. Croce, Mr. Fenton, and Ms. Owen in opposition. Motion fails.

a.    Mr. Huttler and Mr. Croce shared their opposition because the application will significantly impact the character of the neighborhood.

d.    Concept review – Request of John & Allison Morgan for Planning Board review and comment on a conceptual major conservation subdivision development plan for property fronting on Miantonomi Ave., Boulevard, and Vernon Ave., and further identified as Lots 80 & 81 on Assessor’s Plat 108SE.

i.        The item is continued to the July 9th regular Planning Board meeting.

a.    Status update on housing legislation introduced in the 2025 General Assembly session.

i.        No comments.

• Status Report on Planning Board action items.

i.        Mr. Wolanski shared the council voted to advertise the use table amendments regarding multi-family development.

• Committee reports

i.        Comprehensive Plan Update Committee – A workshop is scheduled for tomorrow.

ii.        Tree Commission – Ms. Owen shared the Tree Commission is active and busy.

iii.        Open Space and Fields Committee – No updates.

iv.        Conservation Commission – No updates.

• Upcoming meetings:

i.        June 12, 2025, 6pm – CPUC public workshop meeting.

ii.        July 9, 2025, 6pm – Regular Planning Board meeting.

Motion by Ms. Owen, seconded by Mr. Vaillancourt to adjourn. Vote: 6-0-0

Meeting adjourned at approximately 9:57pm.

Respectfully submitted,

Mike Fenton, Secretary