Mar. 31, 2025 - Special Meeting

Middletown

Minutes · March 31, 2025

THIS MEETING CAN BE HEARD IN ITS ENTIRETY ON THE TOWN OF MIDDLETOWN WEBSITE WWW.MIDDLETOWNRI.COM OR THE DVD IS AVAILABLE AT THE MIDDLETOWN LIBRARY.

Council President Paul M. Rodrigues, Presiding

Vice President Thomas P. Welch, III

Councillor Peter D. Connerton, Sr.

Councillor Christopher M. Logan

Councillor Charles R. Roberts

Councillor Dennis B. Turano,

Councillor Barbara A. VonVillas, arrives at 6:16 P.M., Members Present

POSTED – March 20, 2025

SPECIAL MEETING – March 31, 2025

The following items of business, having been filed with the Town Clerk under the Rules of the Council, will come before the Council at a special meeting to be held on Monday, March 31, 2025 at 5:30 P.M. Executive Session, 6:00 P.M. Presentation at the Middletown Town Hall, 350 East Main Road, Middletown, Rhode Island. Said meeting will be conducted in person and by telephone conference call/ webinar, members of the public may access and listen to the meeting in real-time by calling 1-877-853-5257 (Toll Free) or 1-888-475-4499 (Toll Free) and entering Meeting ID: 878 7729 9817 or on the web at https://us02web.zoom.us/j/87877299817

Wendy J.W. Marshall, MMC

Town Clerk

Town of Middletown

Town Hall – 350 East Main Road

Middletown, Rhode Island 02842

Dear Ms. Marshall:

Pursuant to the provisions of Article II, Section 203 of the Town Charter and in accordance with Sections 42-46-2., 42-46-4., 42-46-5., and 42-46-6., RIGL, I hereby call a Special Meeting of the Town Council to formally consider, discuss and act upon the following items of business. All items on this agenda, may be considered, discussed and voted upon.

1. Executive Session - Pursuant to provisions of RIGL, Sections 42-46-2, 42-46-4 and 42-46-5 (a), (2) Collective Bargaining (NEARI/Library) - review, discussion and/or potential action and/or vote in executive session and/or open session.

2. Presentation by the Development Team of Pennrose, Union Studio, and Horsley Witten on Improving the Town’s application to RI Housing for tax credits - Affordable Housing – Green End Avenue & Oliphant Lane.

Said meeting will be held at the Middletown Town Hall, 350 East Main Road, Middletown, Rhode Island 02842 on Monday, March 31, 2025 at 5:30 P.M.

________

Paul M. Rodrigues, President

Middletown Town Council

cc : Town Council Public Library Finance Director

Town Administrator Town Solicitor School Committee

This meeting location is accessible to the handicapped. Individuals requiring interpreter services for the hearing-impaired should notify the Town Clerk’s Office at 847-0009 not less than 48 hours before this meeting.

Posted on March 20, 2025 at Middletown Town Hall, Middletown Public Library and Secretary of State Web Site.

On motion of Vice President Welch, duly seconded, it was voted unanimously to recess open session and reconvene in executive session at 5:32 p.m.

On motion of Vice President Welch, duly seconded, it was voted unanimously to recess executive session and reconvene in open session at 6:00 p.m.

On motion of Vice President Welch, duly seconded, it was voted unanimously to ratify the NEARI/Library Union contract.

On motion of Vice President Welch, duly seconded, it was voted unanimously to seal the executive session minutes pursuant to Section 42-46-7. RIGL.

Councillor Roberts recused himself from acting on the following item of business #2, due to a possible conflict of interest.

On motion of Vice President Welch, duly seconded, it was voted unanimously to begin said presentation.

Council President Rodrigues noted that this will be a presentation and there will be no votes regarding this item tonight.

Town Administrator Shawn Brown addressed the Council reviewing the history of the affordable housing project, which began in 2017. Mr. Brown explained that the first submission/proposal for the affordable housing project, for Green End Avenue and Oliphant Lane, was rejected due to needing to increase the density of the project.

Frank Spinella, FJS Associates, addressed the Council explaining there was an RFP for the project and Pennrose was selected. Mr. Spinella noted the application submission needs to be competitive, only a limited amount of applications are funded.

Karmen Cheung, Pennrose, Head of the New England Team, Rebecca Schofield, Pennrose, Developer, Jason Kroll, Senior Design Engineer from the Horsley Witten Group, Paul Attemann, Principal, Union Studio, presented a power point presentation of the proposed Green End Avenue and Oliphant Lane Affordable Housing sites, which are on file in the Office of the Town Clerk and were present to answer Council and resident inquiries.

Lawrence Frank, Chair, Middletown Affordable Housing Committee, read the following into the record, entered here:

Rita Finn, Middletown, addressed the Council noting concern about the proposed affordable housing building on Green End Avenue being three stories in height and the increase of additional traffic to the area.

Sue Dallas, Middletown, addressed the Council inquiring about the sidewalks on Green End Avenue, explaining the need for improvements to the sidewalks in the area. Ms. Dallas requests a traffic and foot traffic study for the Green End Avenue area.

Town Solicitor Peter B. Regan explained that the project is not at the traffic study phase, that will come later in the planning process.

Discussion centered around the sidewalks in the Green End Avenue area, concern of increased traffic in the Green End Avenue area and the gym remaining at the existing Berkeley Peckham School.

Kim Hassan, Middletown, addressed the Council noted concern with the traffic on Green End Avenue and the height of the proposed structure.

Discussion centered around the building height, if the building is not leased to seniors the apartments will remain vacant on Green End Avenue, the Green End Avenue building is restricted to seniors only.

James Winters, Newport, founder of the Housing Hotline, addressed the Council explaining that affordable housing is the American dream, any efforts for Affordable housing is important and necessary.

Rose Hehl, Middletown, addressed the Council noting concern that the proposed facility on Green End Avenue is three stories and has no buffers to the abutters. Ms. Hehl also noted concern about parking at the facility, the sidewalks on Green End Avenue needing repair, increased traffic on Green End Avenue, no bus line on Green End Avenue and the area being water sensitive.

Charles Beltz, Middletown, addressed the Council in support of the projects, noting concern about the future of the community and affordability.

William Kelly, Middletown, addressed the Council noting concerns that the Town is squeezing the Green End Avenue project into a small space. Mr. Kelly explained the area (on Green End Avenue) is not the proper place for the proposed facility.

Ronald Augustus, Middletown, addressed the Council noting that the proposed project should not be at Berkley Peckham School, but at the old Linden School site on West Main Road.

Nancy Beaulieu, Middletown, addressed the Council noting concern that the proposed building on Green End Avenue is being placed on a piece of land that has really important community structures on it.

Terri Flynn, Middletown, addressed the Council reviewing the following points. Ms. Flynn stated it is a great advantage that the Town is working with a national housing team, which has a lot of experience on the proposed housing projects. Ms. Flynn inquired if the buildings would have elevators and the definition of Senior living. Terri Flynn also noted that she does not like the building design for the Green End Avenue structure, aesthetically it does not fit in the area.

Martha Koziera, Middletown, addressed the Council explaining she has done research on the Pennrose Company and reviewed partnerships the company has.

Charles Aboyoun, Middletown, addressed the Council noting concern that a three story facility does not fit in the area of Green End Avenue, parking at the proposed facility will be an issue, there is no bus route on Green End Avenue and requests the Council to consider the concerns of the residents abutting the proposed Green End Avenue project.

Wendy Reil, Middletown, addressed the Council noting that there is a common theme going on in the Town and that is that the residents want open space. Ms. Reil inquired if there would be a buffer for Baily Brook at the proposed Oliphant Lane facility. Wendy Reil also inquired about RIDEM testing on the site, laundry facilities on the site and rental fees apartments at the sites.

Kim Blass, Middletown, addressed the Council reading the following into the record, entered here:

Charlie Roberts, Middletown, addressed the Council explaining he is not opposed to Affordable Housing. Mr. Roberts noted the traffic issues on the island, traffic issues on Oliphant Lane, and the concern about the elimination of open space and parks and fields.

Discussion centered around the height of the proposed Green End Avenue site facility, the number of units proposed on Green End Avenue and Oliphant Lane, parking spaces at each proposed facility and land scaping at each proposed facility.

Susan Coyne, Middletown, addressed the Council noting concerns with the proposed Green End Avenue project and noted the following information sent to the Town Council earlier in the day, entered here:

Town of Middletown Town Council Members,

I would like to express some concerns with the proposed 650 - 670 Green End Avenue project.

My husband, Frank Coyne and I are owners of 630 Green End Ave and 33 Berkeley Court, properties which directly abut the current Middletown Senior Center. I grew up in Middletown and have worked for a local nonprofit on the island since 1993. My concerns include:

The council has made some recent changes to address the affordable housing shortage that they have stated exists in Middletown. A tiered tax rate has been implemented to encourage long term rentals as well as the allowance of in-law apartments on current homes. There has not been enough time to test if these measures have improved the alleged current affordable housing shortage.
The town council’s apparent disregard of input from the hard working, tax paying citizens who live nearby this project and who elected some of you. Taxpayers were not notified of this meeting in a timely manner. I have been to previous meetings, provided my name and email and pay taxes on these properties and received no notification at all. Neighbors received something affixed to their doorknob last week. I can only imagine that you felt that my input was not important or wanted?
What provisions are being made for fire and police to access the proposed 3 story tenement building?
What considerations have been made on how the project may affect a fragile local ecosystem, impacting town members access to Middletown’s resources? Severe storms have in the past shut down access to Berkeley Ave and have contributed to pollution related closures of Third Beach.
What is the impact of the increased traffic density to the existing senior center, ball field users and the neighbors. Considering the planned mix use for the property, the limited space and current lack of planned parking in that area, how will you ensure access and the safety of the seniors and children who regularly enjoy the Middletown Senior Center, War Memorial ball field and the neighborhood?
Previous proposed plans for the project disregarded required zoning ordinances impacting surrounding properties. Considering the area is zoned R40 the town council would never give the proposed plans consideration if submitted by a private land owner. Approval of the proposed plan without modification to meet current zoning restrictions and consideration of the existing use of property in the neighborhood would be considered an abuse of the Town’s authority.
What considerations have been made to move this project to a more suitable area in Middletown. Currently many vacancies exist along West Main Road where similar facilities exist. General opinion is that these areas have become underutilized and an eyesore to the town.
What type of planning has been done for the cost and management of the mixed-use facilities on the property? How will this be paid for? Will there be joint town and private management of the property? How will conflicts regarding use of the property be resolved?
Is there consideration for moving the ball field and senior center to alternate locations? Currently, it is my opinion that the location and the neighborhood in general is not suitable for the mixed-use facility that is being proposed.
What is the duration of the agreement the town will have with the contractor managing the property? Will the agreement include required scheduled maintenance of the facility and the property in general? What is the town benefiting from this project? The prime beneficiary seems to be the developer who doesn’t live, work and pay taxes in this town. In my opinion this project is not providing a benefit to the neighborhood.
This is not free money! Our federal and state taxes pay in large part for these projects, where does the money come from when repairs and maintenance need to be done and what process is involved? How much money has the town already spent drawing up multiple plans and paying for personnel to submit them to the state on multiple occasions? If this was a good project, it would have passed on the first go. This development is not the answer to Middletown's affordable housing shortage.

Please contact me if you would like to discuss these concerns.

Regards,

Susan Coyne

Susan R. Salvato, Middletown, addressed the Council noting concern that there will not be elevators in the proposed Oliphant Lane site, the proposed facility being ADA compliant and sidewalks.

Scott Jestings, Middletown, addressed the Council noting concern with there being enough parking spaces at the proposed Oliphant Lane facility.

Discussion centered around the deadline for the Town Council to decide on the next step of the project, the timeline if the project is approved to move forward, the state is mandating more affordable housing for the cities and towns, Middletown areas changing and the Council is gathering information tonight.

Donna Leathem, Middletown, addressed the Council inquiring if affordable housing is placed on Green End Avenue will cause property assessments to decrease. Ms. Leathem explained they pay high taxes yearly so they can live in a rural community.

Karen Agustus, Middletown, addressed the Council inquiring if the proposed affordable housing projects will be for Middletown residents only?

Town Solicitor Peter B. Regan explained that there is a fair housing act which does not allow the Town to restrict renting to Middletown residents only.

Charles Aboyoun, Middletown, addressed the Council noting concern with the height of the proposed new Green End Avenue facility, explaining that a building 35ft in the air is different than a house being 35 feet in the air. Mr. Aboyoun suggested that affordable housing should be located at the Middletown Commons on the West Main Road.

Ronald Agustus, Middletown, addressed the Council explaining that the example of affordable housing in the presentation, that was built in East Greenwich, would fit on the Linden Field site.

Amanda Byron, Middletown, addressed the Council inquiring what will happen with the playground and ball field at Oliphant School, where will the kids play? Ms. Byron noted that the Linden Park area is a better option than the Oliphant School area for an affordable housing facility.

Discussion centered around the Town must have 10% affordable housing by state statue and the Town currently has 4.8% affordable housing.

Susan Coyne, Middletown, addressed the Council inquired why the Town is not using the former Benny’s Store property (West Main Road) and former Christmas Tree Shop property (Aquidneck Shopping Center, East Main Road) for affordable housing in the Town?

Rose Hehl, Middletown, addressed the Council and inquired why the Landing Apartments are not included in the affordable housing percentage and why Oxbow Apartments are not included in the affordable housing percentage for the Town.

Discussion centered around that the Benny’s property, Christmas Tree Shop property, the Landings and Oxbow are not Town owned properties, the Landings is privately owned, Oxbow only has a portion of the property which is considered as affordable housing, and the state can mandate the development of affordable housing.

Rose Hehl, Middletown, addressed the Council, inquiring why the Town is not utilizing the West Main Road property for affordable housing.

Council President Rodrigues thanked the residents for their input and explained that the decision will be about the needs of the residents. Mr. Rodrigues also noted that proper notice will be sent when the Council is going to make a decision regarding the projects.

On motion of Vice President Welch, duly seconded, it was voted unanimously to adjourn said meeting at 8:47 p.m.

Wendy J.W. Marshall, MMC

Council Clerk

Supporting documentation is available at http://clerkshq.com/default.ashx?clientsite=Middletown-ri