ZONING BOARD WORKSHOP OF REVIEW MINUTES TOWN OF FOSTER Capt. Isaac Paine School 160 Foster Center Road, Foster, RI Wednesday, March 14, :00 p.m.

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1 ZONING BOARD WORKSHOP OF REVIEW MINUTES TOWN OF FOSTER Capt. Isaac Paine School 160 Foster Center Road, Foster, RI Wednesday, March 14, :00 p.m. A. Call to Order Mr. Esposito called the meeting to order at 7:10 p.m. B. Roll Call Board Members Present: Staff Present: John Esposito (Chair); Paula Mottshaw (Vice Chair); Tom DiRaimo, Bryan Coppola, David Paolino (Secretary); Robert DeLuca (acting as alternate) Jennifer Siciliano (Planner), Timothy Gallogly (Solicitor), and Carol Malaga (Stenographer) C. Approval of Minutes Discussion / Action February 14, 2018 Mr. Paolino moved, Mr. DiRaimo seconded, to approve the minutes of the previous meeting as written. Discussion: None. Motion passed 5 0. D. Correspondence and Communications Discussion / Action None E. Special Use Permit Requests Discussion / Action (1) Request for Continuation: Request for continuance on property located at 0 Danielson Pike, being Plat 14 Lot 0003A in a General Business Mixed Use (GBM) district on 2 acres. The Owners and Applicants, Michael S. & Judy E. Paolucci request a special use permit from the Foster Zoning Ordinance. The special use permit is needed under Article IV. Zone Regulations, Section 12. Accessory Uses, 2. Any use customarily incident to a use permitted in the district as a special use permit and located on the same lot to allow a residential apartment inside an office building in a GBM district. Request for continuance was accepted. (2) Owner and Applicant Saint 23, LLC for property located at 9 Mt. Hygeia Road, being Plat 14 Lot 83 in an Agricultural/Residential AR district on acres. A Special Use Permit is sought from the Town of Foster Zoning Ordinances Article IV: Zone Regulations: Description of Uses: Section11 Industrial Use: Subsection 23 Gravel Banks. The Permit is needed to commence a temporary Gravel Bank excavation operation, limited to approvals by RIDEM including Insignificant Alteration to Freshwater Wetlands permit; Industrial Stormwater permit; and Stormwater Discharge for Construction Activity permit, based on a stormwater management report; operation & maintenance plan; soil erosion and sediment control plan; and site plans, including construction phases; on-site project operators; excavation and transportation schedules; construction vehicles staging/refueling and gravel storage areas; haul road; soil erosion control measures/best management practices; perimeter forest buffer; and final

2 grading/stabilizing/seeding/loaming, submitted with a dust control plan; noise evaluation; and traffic impact study, and anticipating post-extraction farming activity. Mr. Esposito stated that this hearing had started last month and this is a continuation. Mr. Esposito explained the procedures. Discussion: Abutters in favor. None. Abutters opposed. Stephen Hanlon, of 100 Danielson Pike; Ian Shippee, 107 Danielson Pike; Bryan Kurzcap, 96 Danielson Pike. Members of the public in favor: None. Members of the public opposed: Dorothy Grunewald, 22-A Mt. Hygeia Road; Lynne Rider, 20 Burgess Road; Susan Charlwood, 68 East Killingly Road; Eva Szosz, 45 Old Danielson Pike; Daniel Davey, 3 Mt. Hygeia Road; John Neale, 58 East Killingly Road; Sally Freestone, 48 Mt. Hygeia Road; Heidi Colwell, 29 Winsor Road; Dave Hazeerouck appeared as an consultant for Richard Sparks who had previously rested his case. Solicitor Gallogly stated that to have him speak now was out of order but it could be put to a vote. David Paolino moved, Tom DiRaimo seconded, to dismiss the testimony. Motion passed 5-0. Testimony was disallowed. Mr. Esposito allowed Brian St. Croix time to respond. Mr. Esposito closed the public hearing. Discussion: Tom DiRaimo, David Paolino, and Paula Mottshaw. Mr. Paolino moved to approve the application under the authority granted to the Zoning Board of Review by Rhode Island General Law and by the Town of Foster s Zoning Ordinance, Article II. Division 2. Section Specifically, the following special use permit is granted: The special use of a gravel bank on approximately acre-property at 9 Mount Hygeia Road, Plat 14 Lot 83 in an Agricultural/Residential AR, per the Town of Foster Zoning Ordinances Article IV: Zone Regulations: Description of Uses: Section 11 Industrial Use: Subsection 23 Gravel Banks, to commence a temporary Gravel Bank excavation operation, limited to approvals by RIDEM including Insignificant Alteration to Freshwater Wetlands permit; Industrial Stormwater permit; and Stormwater Discharge for Construction Activity permit, based on a stormwater management report; operation & maintenance plan; soil erosion and sediment control plan; and site plans, including construction phases; on-site project operators; excavation and transportation schedules; construction vehicles staging/refueling and gravel storage areas; haul road; soil erosion control measures/best management practices; perimeter forest buffer; and final grading/stabilizing/seeding/loaming, submitted with a dust control plan; noise evaluation; and traffic impact study, and anticipating post-extraction farming activity. Evidence of the following standards, pursuant to Rhode Island General Law and the Town of Foster s Zoning Ordinance, Article VII. Section (a), has been entered into the record of proceedings: The special use complies with all applicable requirements and development and performance standards set forth in Articles VI. Uses and IX. Site Plan Review of the Foster Zoning Ordinance ii

3 The special use is in harmony with the general purpose and intent of Foster s Zoning Ordinance and the Comprehensive Community Plan of the town. The special use will substantially serve the public convenience and welfare. The special use will not result in or create conditions inimical to the public health, safety, morals and general welfare. The special use will not substantially or permanently injure the appropriate use of surrounding property. The Zoning board of review has considered in regards to this special use: o Access to air, light, views and solar access; o Public access to waterbodies, rivers and streams; and o The conservation of energy and energy efficiency. Optional (Conditions) Further, it is proposed that the following special conditions, based on competent credible evidence on the record and allowed under Rhode Island General Law and the Foster Zoning Ordinance, Article VII. Section , be applied to the decision in order to promote the intent and purposes of the Comprehensive Community Plan of the Town and the Zoning Ordinance: 1. Approval shall run concurrent with RIDEM Multi Sector General Permit (MSGP) RIR50J007, and application to RIDEM to extend or renew the MSGP shall trigger a new Special Use Permit application with the Town. 2. All requirements of the RIDEM approvals shall be met, and the Town shall be copied on any correspondence to and from RIDEM. 3. Pursuant to Chapter 26 Soil Erosion and Sediment Control in the Town of Foster s Code of Ordinances, the Building Inspector will review the DEM-approved Soil Erosion and Sediment Control Plan, and perform periodic inspections to ensure conformance with the plan as well as a final inspection, and the applicant will be responsible for the associated review and inspection fees. 4. Applicant shall retain a registered Professional Engineer to conduct required inspections, and all inspection and monitoring reports kept with the DEM-approved Soil Erosion and Sediment Control Plan shall be provided to the Building Inspector upon request. Any corrective actions must be reported within 5 working days to the Building Inspector. 5. A bond shall be posted to cover the cost of the stabilization/conversion of the land and stormwater drainage systems, calculated by a registered professional engineer and accepted by the Building Inspector. 6. Applicant shall retain a certified safety professional to conduct a decibel reading from 500 feet to any active portion of the subject site on a bi-monthly basis, and furnish the findings within 5 working days to the Building Inspector. At no time shall the decibel reading exceed 15 dbm above the benchmark. (See condition number 10.) 7. Hours of operation or transportation shall not coincide with peak AM or PM traffic, and shall be confined to Monday- Friday 9AM-5PM; traffic shall be routed only on to Route 6 east or west. 8. The easement to the Town of Foster for the use, maintenance, and repair of a dry fire hydrant, recorded in Book 168 at Page 908, shall be observed and open access to the hydrant preserved (hydrant approved by RIDEM for the South Foster Fire Company and recorded in Book 169 at Page 831). iii

4 9. Mature evergreen trees shall be planted at the north property line to help visually and audibly buffer the operation from the adjacent abutters, and such planting appropriate to the soil shall be verified by the Building Inspector prior to formal local approval of the Soil Erosion and Sediment Control Plan. Mature trees shall be in this case defined as being eight (8) feet or taller. 10. A sound professional will take a benchmark decibel reading before any work commences within 5 feet of the property line abutting a residential parcel. 11. At no time shall a rock crusher be used on the property without first obtaining permission of the Foster Zoning Board of Review. Paula Mottshaw seconded. Discussion: Mr. Esposito, Rhett Bishop, Paula Mottshaw, David Paolino Tom DiRaimo, no; David Paolino, yes; Paula Mottshaw, yes; Bryan Coppola, no; and John Esposito, no. Motion failed 3 2. A five minute recess was called. The meeting was called back to session. A public hearing was held for the owner and applicant of 10 Rounds Lane, LLC for property located at 10 Rounds Lane, being Plat 22 Lot 0039 in an Agricultural/Residential AR district on 1 acre. A special use permit is needed under Article VII. Special Use Permits and Variances and authorized under Article V. Section Enlargement. Seeking an enlargement of a non-conforming pre-existing use and relief of the 50 side yard requirement pursuant to Article IV. Section Dimensional Regulations. Mr. Esposito asked if the notification requirements had been met. Ms. Siciliano replied in the affirmative. Charles Boisseau, owner, explained that he and his wife, Janice Hannert, wanted to add a porch to an existing dwelling. Mr. Esposito asked if there were any questions. Mr. DiRaimo asked about the use of the property. Mr. Boisseau stated that it would not be rented but was for personal use. Mr. Esposito asked if anyone wanted to speak in favor. No response. Mr. Esposito asked if anyone wanted to speak in opposition. No response. Mr. Paolino moved to approve the application under the authority granted to the zoning board by RIGL and by the Town of Foster Zoning Ordinance Article XI Section 3C. Specifically the following use permit is granted: To enlarge an existing nonconforming multi-dwelling structure, a cottage, with a 12-foot screened porch and relief from the 50-foot side yard setback requirement bringing the structure 16 feet from the property line on approximately a one-acre property, 10 Rounds Lane, Plat 22 Lot 0039 in an AR District, per the Town of Foster Zoning Ordinances, Article VII Special Use Permits and Variances, and authorized under Article V Section Enlargement, and Article IV Section Dimensional Regulations. Evidence of the following standards, pursuant to the Rhode Island General Law in the iv

5 Town of Foster Zoning Ordinance Article VII Section A, has been entered into the record Of the proceedings. The special use complies with all applicable requirements and development and performance standards set forth in Articles VI and IX of the Foster Zoning Ordinance. And the special use permit is in harmony with the general purpose and intent of the Foster Zoning Ordinances and the Comprehensive Community Plan of the town. The special use will substantially serve the public convenience and welfare, and the special use will not result in or create conditions inimicable to the public health, safety, morals, and general welfare. The special use will not substantially or permanently injure the appropriate use of surrounding property. The Zoning Board of Review has considered, in regards to this special use, access to air, light, views, solar access, public access to waterbodies, rivers and streams, and the conservation of energy and energy efficiency. Mr. Esposito asked if there were any questions or discussion. No response. Mr. Esposito asked for the board to be polled. Ms. Mottshaw seconded the motion. Mr. Paolino polled the board: Bryan Coppola, approve; Paula Mottshaw, approve; Tom DiRaimo, approve; John Esposito, approve; and David Paolino, approve. Motion passed 5 0. Move to adjourn was passed unanimously. Respectfully submitted by, David Paolino Secretary v