Feb. 11, 2026 - Regular Planning Board Meeting

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

PLANNING BOARD MINUTES

Regular Meeting

February 11, 2026, 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

Members absent

Leon Amarant

Steve Huttler

Also present

Ron Wolanski, Town Planner

Michael Monti, Town Solicitor

Rudy Botros, Principal Planner

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

• Motionby Ms. Owen, seconded by Mr. Vaillancourt- Vote:5-0-0.

• Memorandum of the Town Planner, dated January 23, 2026, Re: Administrative Subdivision approval Gaston Family Trust and the Mary A. Chaves Revocable Trust involving properties fronting on Honeyman Ave. and Turner Road, and further identified as Lots 142 & 139 on Assessor’s Plat 114.

a.    Item 4.d. and 4.e. will be continued to the March 11, 2026 meeting.

b.    Item 5.a would be heard before item 4.b.

c.     Motion by Ms. Owen, seconded by Mr. Vaillancourt to continue agenda items 4.d and 4.e, to the March 11, 2026 regular meeting. Vote: 5-0-0

• Public Hearing- Application of EJ Lanni for Master Plan approval of a Major Land Development Project for a proposed addition of approximately 6,796 square feet of floor area to an existing commercial building. The application includes request for a special use permit per zoning ordinance sections 1106 to allow development within Zone 1 of the Watershed Protection District and a variance from section 1301 (D) to allow parking with a 0-foot setback from the property line where 10 feet is required. Waivers from design requirements of Section 521 of the Subdivision & Land Development Regulations are requested, including sections 521.3.B. and D.1 regarding landscaping requirements. Property located in the office business, traffic sensitive (OBA) zoning district at 345 Valley Road, and further identified as Tax Assessors Plat 114, Lot 1C.

i.        Motion by Ms. Owen, seconded by Mr. Vaillancourt to open a public hearing. Vote: 5-0-0.

ii.        Atty. Lynch, representing the applicants Mr. EJ Lanni and Mr. Louis Calcagni, explained to the Board that they were no longer seeking a landscape waiver, as the recommendations put forth by the Tree Commission were acceptable to the applicant.

iii.        Atty. Lynch introduced Mr. Calcagni who discussed how they would go about modernizing and expanding the building, with an addition to the rear.  The design would construct a new gabled roof, activating the top floor.  All of the existing parking areas not impacted by the building addition would be replaced with permeable pavement to allow for rainwater infiltration.  This would lead to a net decrease in impermeable surface.

iv.        Mr. Calcagni fielded some questions from the Board regarding how the expanded building would be used and the proposed increase in parking availability.  The impetus for expanding the rear of the building was to provide a secondary staircase for life safety purposes in the event of a fire.

v.        Landscape architect Karen Barbera, a representative of the Tree Commission, was invited by Chairman Croce to explain the Commission’s remediation plan.  The plan calls for the creation of a wildlife habitat with native grasses, shrubs and perennials.  Changes to tree placement were also made to facilitate storm runoff.

vi.        Mr. Todd Brayton from Bryant Associates defended his traffic impact study from questioning by Chairman Croce.

vii.        Professional engineer Chris Duhamel, reviewed the stormwater management plan at the request of Mr. Pierik.  The site abuts a tributary to Bailey Brook along the eastern boundary.  RIDEM now requires a 200 ft buffer zone which was previously 100 ft.  This buffer zone envelopes the building and most of the parking area.  The addition of concrete pervious pavers and a corresponding sand filter allows the site to be in conformance with regulation and provides water quality improvements.  The plan calls for a reduction of 2113 sq. ft. in impervious surfaces.

viii.        At Chairman Croce’s invitation for members of the public to speak, Melissa Welch, chair of the Conservation Committee approached the podium.  Ms. Welch explained that the Conservation Committee had requested that the Tree Commission provide a plan to compensate for the partial loss of green ribbon around the western edge of the lot due to the expansion of parking.  Rather than just replacing the existing grass the plan called for the creation of a wildlife habitat previously described.

ix.        Motion by Ms. Owen, seconded by Mr. Vaillancourt to close the public hearing. Vote: 5-0-0.

x.        Motion by Ms. Owen, seconded by Mr. Vaillancourt to approve the request for a special use permit subject to the findings and conditions listed below. Vote: 5-0-0.

xi.        Motion by Ms. Owen, seconded by Mr. Vaillancourt to approve the request for a variance to the zoning ordinance for a 0 ft setback subject to the findings and conditions listed below. Vote: 5-0-0.

xii.        Motion by Ms. Owen, seconded by Mr. Vaillancourt to approve the Master Plan and grant the waiver request regarding a, 10 foot wide landscape buffer subject to the findings and conditions listed below. Vote: 5-0-0.

xiii.        The recommended conditions include:

a.    A landscape plan addressing the recommendations by the Tree Commission.

b.    Final review of the stormwater management plan by the Town Engineer.

c.     A copy of the closed circuit television sewer line inspection will be provided to the Board.

b.    Public Hearing – Consideration of adoption of proposed amendments to the Middletown Rules and Regulations Regarding the Subdivision and Development of Land by adding Appendix D: Traffic Impact Study Requirements to implement requirements and guidelines for the preparation of traffic impact studies submitted for proposed subdivisions and development projects, and to provide a recommendation to the Town Council for ratification of said amendments.

i.        Motion by Ms. Owen, seconded by Mr. Vaillancourt to open a public hearing. Vote: 5-0-0.

ii.        Mr. Croce invited members of the public or the Board members to speak.  Seeing no activity he moved to close the public hearing.

iii.        Motion by Ms. Owen, seconded by Mr. Vaillancourt to close the public hearing. Vote: 5-0-0.

iv.        Motion by Ms. Owen, seconded by Mr. Vaillancourt to adopt the amendments to the regulations subject to ratification by the Town Council. Vote: 5-0-0.

c.     Discussion and recommendation to the Town Council on proposed amendments to Middletown Zoning Ordinance, Town Code Chapter 152, Section 728 regarding adaptive reuse, to address changes to state law.

i.        Mr. Wolanski explained that the amendments to section 728 would allow adaptive reuse projects to enlarge a building footprint up to 50% and/or add an additional story subject to zoning dimensional requirements. The amendment also allows a developer to add an additional residential building to a lot that will be adaptively reused, so long as it meets all dimensional requirements even if the area is not zoned for residential development.  This recognizes the fact that the lot has become a residential property despite the lack of a residential zoning code.

ii.        Atty. Monti pointed out that developers have in the past requested a zoning code change that would allow for more residential development at adaptive reuse sites.  This amendment would close that loophole and avoid the need for another hearing.

iii.        Motion by Ms. Owen to forward the amendments to the Town Council with a favorable recommendation for adoption.  Vote 5-0-0.

d.    Discussion of, and recommendation to the Town Council on proposed design requirements and other restrictions for multi-family residential development, including proposed amendments to Middletown Zoning Ordinance Section 1508 – Building Design and Location; proposed amendments to the Use Table in the Middletown Zoning Ordinance; Section 602 – Schedule of District Regulations – Uses and Districts – Multi-family dwelling structure & Multi-family dwelling project to allow the uses in the R-10, R-20 and R-30 zoning districts by special use permit; Section 603 regarding dimensional requirements for two-family dwelling, multi-family dwelling structure, and multi-family dwelling project; and Section 1504 regarding allowable density for multifamily dwelling structure and multifamily dwelling project. Continued to the March 11, 2026 meeting.

e.    Request of the Town Council for review and recommendation on a draft complete streets ordinance. Continued to the March 11, 2026 meeting.

f.      Discussion and recommendation to the Town Council on proposed amendments to the Middletown Zoning Ordinance, Town Code Chapter 152, section 802 regarding Destruction or Demolition of Nonconforming Structures.

i.        Mr. Wolanski explained that this recommendation was put forward by the Solicitor’s office, as a result of a Rhode Island Supreme Court decision involving the town of Westerly.  Westerly, which has very similar language to what we have in our ordinances, granted zoning relief to a property owner after their building had been destroyed.  This allowed the owner to rebuild the building which was not in compliance to the current zoning regulations.  That approval was overturned on appeal because the Westerly zoning ordinance did not indicate that the property owner had the opportunity to seek zoning relief in the first place.  The language stated that if they could not comply with the current zoning requirements the building could not be reconstructed.  The solicitor recommends that we add the phrase ”unless zoning relief from said provision is granted” at the end of the three paragraphs in section 802.

ii.        Motion by Ms. Owen to forward the amendments to the Town Council with a favorable recommendation for adoption.  Vote 5-0-0.

a.    Public Hearing - Request of Mello Realty, Inc., owner, and Coddington Cove Land Condominium Association, applicants for a waiver from design standards section 521.2.C of the Middletown Rules and Regulations Regarding the Subdivision and Development of Land for use of exterior building materials (vinyl siding) not meeting design requirements. Property located at 300 Coddington Hwy, Tax Assessors Plat 103, Lot 103.

i.        Motion by Ms. Owen, seconded by Mr. Vaillancourt to open a public hearing. Vote: 5-0-0.

ii.        Atty. Girard Galvin approached the podium on behalf of the applicant.  He explained that they had obtained Master Plan approval back in May of 2024 at which time all the waiver requests were addressed, one of which was a waiver for siding materials that deviated from town standards.  At that time the proposal called for a metal frame building.  Final plan approval with the metal siding was then obtained.  As the building was being constructed it was decided to use white vinyl siding in place of the metal siding.  This provided more of a New England aesthetic and was more favorable to the abutters and also to Board members.  Despite going through the construction permitting process this change was not caught.  Later, it was brought to the applicant’s attention that this deviated from what was granted.  The applicant is now before the Board requesting a revision to what was approved to allow for the vinyl siding to remain on the existing building and also carry forward to the remaining three buildings yet to be constructed.

iii.        Architect Spencer Macomb explained that they had originally planned to build a metal building.  Metal siding is integral and structural to metal buildings.  When the decision was made to maintain the design but follow a wood frame structure, the metal siding was no longer needed nor wanted.  This resulted in a more traditional looking exterior siding for the sides and the back, the front facing Coddington Highway remains as proposed.  Switching to a wood frame building is better construction, structurally and aesthetically for the applicant, tenants and the town.

iv.        Atty. Galvin explained that the buildings to be built will be setback from the street frontage and screened by a landscape buffer.

v.        In response to questioning by Mr. Fenton, Atty. Girard explained that there was no desire to hoodwink the Board or ignore its edicts, but rather the applicant believed that the waiver from the design standards would allow them to use any siding and it did not have to be metal.  This explains why no attempt was made to approach the board first and why the applicant is currently seeking to remedy the situation by revising the granted waiver.

vi.        Chairman Croce, agreed that the building as is, looks better than it would with metal siding. However, he could not vote in favor of the application, because it would set a precedent.  This would allow applicants to gain approval for a project fully compliant with town ordinances and then go off do as they please and then request that the Board revises their approval.

vii.        Atty. Galvin stated that the Board should look at the merits of each application separately and this would not set a precedent.  In response, Chairman Croce offered up a compromise that would earn his vote.  The applicant would be allowed to keep vinyl siding on the existing building but would use composite siding on the additional three buildings yet to be constructed.

viii.        After consulting with his clients Atty. Galvin countered with the request to allow the existing siding to stand and return to the metal siding on the additional three buildings as the applicant was not prepared to commit to the increased expenditure of composite siding.

ix.        After gauging the opinions of the other members Atty. Galvin and the applicants agreed to Chairman Croce’s advice to continue the hearing to April 8, 2026, after a cost analysis of the composite siding was made.

x.        Motion by Ms. Owen, seconded by Mr. Vaillancourt to continue the public hearing to April 8, 2026. Vote: 5-0-0.

A.    Status Report on Planning Board action items.

B.    Committee reports

1.    Tree Commission

I.        Ms. Owen stated that the commission was busy preparing for planting trees on streets requested by local owners, to take place this summer.

2.    Open Space and Fields Committee

I.        Mr. Fenton stated that the committee was looking for an access point to the Middletown Valley Trails from Valley Rd.  The current access points on High Steet and behind the supermarket do not provide access for the residential properties along Valley Rd.  An access point was found down the road to the Kempenaar’s Clambake Club property.  Here a trail would be added to connect to the Valley Trails.  A proposal for funding will be made to the Town Council.

3.    Conservation Commission

I.        Mr. Croce stated that since there were no applications to discuss the committee discussed how they can become a more effective body and broaden their activities.

4.    Middletown Center Citizens Advisory Committee

I.        Currently on hold.

C.   Upcoming Meetings

1.    Regular Planning Board meeting – March 11, 2026, 6pm

2.    Joint meeting with Town Council – March 16, 2026

3.    Comprehensive Plan Public Hearing – March 18, 2026

Motion by Ms. Owen, seconded by Mr. Vaillancourt to adjourn. Vote: 5-0-0

Meeting adjourned at approximately 8:00 pm.

Respectfully submitted,

Mike Fenton, Secretary