Mar. 12, 2025 - Planning Board Meeting

|

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

PLANNING BOARD MINUTES

Regular Meeting

March 12, 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

Member absent

Leon Amarant

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

A.    Mr. Fenton opened the floor for nominations for Chair.

B.    Ms. Owen, seconded by Mr. Vaillancourt, nominated Mr. Croce for Chair.

C.   There were no other nominations. By consensus, Mr. Croce was elected as chair and proceeded to chair the rest of the meeting.

D.   Mr. Croce opened the floor for nominations for Vice Chair. Mr. Huttler nominated Mr. Vaillancourt for Vice Chair, seconded by Mr. Pierik. There were no other nominations. By consensus, Mr. Vaillancourt was elected as Vice Chair.

E.    Mr. Croce opened the floor for nominations for Secretary. Ms. Owen nominated Mr. Fenton for Secretary, seconded by Mr. Vaillancourt. There were no other nominations. By consensus, Mr. Fenton was elected as Secretary.

Mr. Croce shared Mr. Art Weber was a resource to Planning Board and it is unfortunate that he was not reappointed. Mr. Croce welcomed Mr. Huttler to the Planning Board.

A.    Motion by Ms. Owen, seconded by Mr. Vaillancourt to approve the February 12, 2025 meeting minutes. Vote: 5-0-1, with Mr. Huttler abstaining.

B.    Motion by Ms. Owen, seconded by Mr. Vaillancourt to approve the February 24, 2025 meeting minutes. Vote: 6-0-0.

A.    None.

A.    The remaining agenda items were heard in the following order: 5F, 5A, 5B, 5C, 5D, 5E, 5G, 5H, 6, and 7.

A.   Public Hearing – Petition of Middletown Commons Town Center, LLC requesting amendment to the Future Land Use Map, Map L-4 of the Middletown Comprehensive Community Plan to change the land use designation of property fronting on West Main Road and Coddington Highway, Assessor’s Plat 102, Lots 3, 4, 5, 6, and 7, from Institutional to General Business. Consider said petition for approval and recommendation to the Town Council. (This item is on the agenda only for scheduling a future special Planning Board meeting to continue the discussion. Other than scheduling, the matter will not be discussed on March 12 th)

B.    Review and recommendation to the Town Council on a petition of Middletown Commons Town Center, LLC requesting amendment to the Middletown Zoning Map referenced in Town Code Chapter 152 to change the zoning district designation of property fronting on West Main Road and Coddington Highway, Assessor’s Plat 102, Lots 3, 4, 5, 6, and 7, from public, traffic sensitive (PA) to general business, traffic sensitive (GBA) (This item is on the agenda only for scheduling a future special Planning Board meeting to continue the discussion. Other than scheduling, the matter will not be discussed on March 12 th)

C.   Review and recommendation to the Town Council on a petition of Middletown Commons Town Center, LLC requesting amendment to the Middletown Zoning Ordinance, Town Code Chapter 152, to create the West Main/Coddington Overlay District. (This item is on the agenda only for scheduling a future special Planning Board meeting to continue the discussion. Other than scheduling, the matter will not be discussed on March 12 th)

1.         Mr. Wolanski shared that the possible date for the special Planning Board meeting on items 5A, 5B, and 5C is April 3rd at 6pm at the Gaudet Middle School Cafeteria. Mr. Wolanski noted attendees should use the Turner Road side entrance and parking lot.

2.        Motion by Mr. Vaillancourt, seconded by Ms. Owen to continue item 5A, 5B, and 5C to April 3, 2025 special Planning Board meeting. Vote: 6-0-0.

D.   Public Hearing – Application for combined Preliminary and Final Development Plan Review by Jeff Lipshires on behalf of CCE Development, LLC for adaptive reuse of an existing commercial building to establish an 8-unit multi-family dwelling structure under the provisions of Middletown Zoning Ordinance Section 728. Property located at 499 East Main Road, Tax Assessors Plat 113, Lot 27.

1.         Attorney Jay Lynch represented Harmony Bodurtha, now receiver for CCE Development, LLC. Mr. Lynch shared the applicant Jeff Lipshires and CCE Development, LLC were placed under receivership. The receiver expressed they want to continue pursuing this application but asked to continue this application to May 14, 2025 regular meeting.

2.         Motion by Ms. Owen, seconded by Mr. Fenton to continue this item to the May 14, 2025 regular Planning Board meeting. Vote: 6-0-0.

E.    Public Hearing – Application of Seaview Inn LLC for Master and Preliminary Plan approval of a Major Land Development Project for the construction of a 12,000 sq. ft. hotel consisting of 72 units, with parking, utility, stormwater, and other site improvements. The application includes request for a special use permit per Sections 602 and 1401 of the Middletown Zoning Code to allow a hotel building in the office park (OP) zoning district. 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 as follows: Sections 521.1.B.2; 521.1.B.3; and 521.3.C.1. Property located at 240 Aquidneck Ave., Tax Assessor’s Plat 115, Lot 54.

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

2.         Attorney Dave Martland represented the applicant. Mr. Martland clarified the proposal is for 67 single bedroom units. Mr. Martland went over the proposed project and shared this is the second hotel building for the site. A previous application was approved but approval has since lapsed. The current proposal moved the location to the western portion of the site and reduced in size compared to the original concept.

3.        Mr. Martland shared the application received TRC approval with conditions. The applicant also had conversations with John Mello, the Town Engineer and previous Roads and Utilities Committee Chair regarding concerns with the retaining wall and guardrail. Those would be addressed as a condition with approval from the Town Engineer.

4.         Mr. Martland addressed the requested waivers for the parking lot, pedestrian access, building materials, and parking lot trees. Mr. Martland shared during TRC, the applicant will not be requesting waiver for parking lot trees and will be providing two additional parking lot trees in the landscape plan.

5.         Mr. Huttler raised concern about crossings between buildings and asked whether pedestrian sidewalks and crosswalks will be provided.

6.        Mr. Martland introduced engineer Ms. Lyn Small. Ms. Small went over the stormwater management system, pervious parking areas, building location, Fire Department access. Ms. Small addressed Mr. Huttler’s concerns and shared the applicant is amenable to a condition to add walkways and crosswalks to the plans. There was discussion about the detention pond, building style, construction timeline, parking spaces, and relocation of the pavilion which the applicant addressed satisfactorily.

7.        Mr. Martland introduced Appraiser Nathan Godfrey. Mr. Godfrey spoke about how the proposal meets standards of approval for a special use permit and is consistent with the comprehensive plan.

8.        Mr. Martland addressed building design regarding materials, hidden rooftop mechanicals, height, glazing, and there are no new signs.

9.        Mr. Croce asked about the traffic study adjusting for seasonal traffic and safety standards which the applicant addressed.

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

11.      Karen Barbera, 36 Wolcott Ave, asked about exterior lighting on the building and requested that the light is not overlit, particularly on the west side and asked questions about protecting wetlands during construction.  Mr. Martland stated the proposed lighting plans have downlit lighting on the first floor only and the proposed lighting meets the Town’s dark sky compliance ordinance. Ms. Small addressed the wetlands protection which is a part of the state permitting review and those areas would not be encroached.

12.      Mr. Fenton asked about parking lot lighting which the applicant stated there would be no additional parking lot lighting.

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

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

15.      Motion by Ms. Owen, seconded by Mr. Fenton to grant the Special Use Permit per Zoning Ordinance Sections 602 and 1401 to allow a hotel building in the office park (OP) zoning district, make the required findings, subject to the following conditions:

1.    Conditions:

a.    Prior to permitting, the plans shall be revised to add a stairway(s) from the proposed parking area to allow exterior access to the first floor on the westerly side of the building, subject to the approval of the Town Engineer.

b.    Prior to permitting, the applicant shall provide a revised final detail for the retaining walls and guardrails, subject to the approval of the Town Engineer.

c.     Prior to permitting, the final stormwater management design shall be reviewed and approved by the Town Engineer.

d.    Prior to permitting, a revised landscape plan with an addition of parking lot trees, shall be submitted for review by the Middletown Tree Commission. To the extent possible, Tree Commission comments shall be addressed on the final landscape plan.

e.    Prior to permitting, the plans shall be revised to add pedestrian crosswalks to allow a connection between the existing and proposed hotel buildings, subject to the approval of the Town Engineer.

2.    Vote: 6-0-0.

16.      Motion by Ms. Owen, seconded by Mr. Fenton to approve the master and preliminary plan of a major land development project, grant the requested waivers, and make the required findings.

1.    **Waivers: **

a.    Section 521.1.B.2 – Parking lot are broken up into lots of less than 50 spaces. Pervious paver lot consists of 62 parking spaces.

b.    Section 521.1.B.3 – Pedestrian access. Proposed design does not provide pedestrian access to the site from the street.

c.     Section 521.2.C – Building materials. Proposed materials include substitute materials such as fiber cement board and brick veneer siding.

17.      Vote: 6-0-0.

F.    Discussion of possible recommendation to the Town Council regarding off-shore wind turbine development.

1.         Mr. Wolanski suggested the Board continue this item to the next regular Planning Board meeting to allow all interested Planning Board members to participate in the discussion.

2.         Motion by Mr. Vaillancourt, seconded by Ms. Owen to continue this item to the April 9, 2025 regular Planning Board meeting. Vote: 6-0-0.

G.   Request of the Town Council for recommendation on a proposed amendment to the zoning ordinance Town Code Chapter 152, Article 12 - Signs, Section 1209 regarding window signs.

1.         Mr. Wolanski shared that the recommendation is from the Town Administrator after receiving business owners’ complaints about the current limitations in allowable advertising and window signage on retail buildings. The proposal is to increase the allowed window sign area from 15% to 25% and to clarify the definition of a window sign. The window signs are separate from regular signage limitations.

2.         Mr. Huttler expressed wanting testimony and renderings to show what it looks like. He expressed concern with adverse impacts on town character and suggested inviting the Zoning Official to attend next meeting to answer questions. Mr. Wolanski also shared that he has directly heard from business owners complaining about limitations on their ability to advertise their business.

3.         Motion by Mr. Vaillancourt, seconded by Mr. Fenton to continue this item to the April 9, 2025 regular Planning Board meeting and to invite the Zoning Official to attend. Vote: 6-0-0.

H.   Request of the Town Council for recommendation on a proposed amendment to the zoning ordinance Town Code Chapter 152, Section 602 - SCHEDULE OF DISTRICT REGULATIONS - USES AND DISTRICTS, regarding allowing warehousing in the office business (OB) zoning district.

1.         Attorney Dave Martland represented the applicant and shared proposal to amend to allow warehousing in the office business zoning district. Mr. Martland shared his client want to use their property in the OB district for storage but is limited to using it as an accessory use, not a principal use. There was discussion about amending the proposal to allow by special use permit instead of by right. Mr. Huttler agreed with allowing by special use permit and expressed concern with some locations in OB zoning district that are not suitable for warehousing. Board agree to change to

2.         Motion by Mr. Vaillancourt, seconded by Mr. Pierik to forward a positive recommendation to the Town Council that the proposed amendment be approved provided that it is permitted by special use permit and not by right, and to make the required findings if the proposed amendments are permitted by special use permit.  Vote: 6-0-0.

A.    None.

A.    Status Report on Planning Board action items.

1.   Mr. Wolanski shared that the historic resources preservation program is on hold for assessment by the Tax Assessor, a memo on the proposed bills in the General Assembly Legislative Session will be provided at the next meeting, the amendments on airport zoning and use table are on the upcoming Town Council dockets, and the Town Administrator and Town Solicitor are tracking impacts of changes in federal funding.

B.    Committee reports

1.   Comprehensive Plan Update Committee – Mr. Wolanski shared a meeting is scheduled for tomorrow and it will be on economic development and a report on the survey results.

2.   Tree Commission – Ms. Owen shared Albro Woods is still a major concern of the Commission, and a kiosk will be installed there.

3.   Open Space and Fields Committee – Mr. Fenton shared the committee had an update on Albro Woods and discussion on Middletown Center.

4.   Conservation Commission – No updates.

C.   Upcoming meetings:

1.    March 13, 2025, 6pm – CPUC regular meeting.

2.   April 3, 2025, 6pm – Special Planning Board meeting

3.    April 9, 2025, 6pm – Regular Planning Board meeting.

4.    April 10, 2025, 6pm – CPUC meeting.

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

Meeting adjourned at approximately 8:00pm.

Respectfully submitted,

Mike Fenton, Secretary