TOWN OF PORTSMOUTH PLANNING BOARD 2200 East Main Road Portsmouth, RI

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1 TOWN OF PORTSMOUTH PLANNING BOARD 2200 East Main Road Portsmouth, RI PORTSMOUTH PLANNING BOARD Regular Meeting August 12, 2015 Members Present: Guy Bissonnette, Edward Lopes, Luke Harding, David Garceau and Ryan Tibbetts Members Absent: Kathleen Wilson and Michael James Others Present: Leon Lesinski, Administrative Officer, Planning Board and Atty. Kevin Gavin, Town Solicitor The Meeting was called to order by Mr. Bissonnette at 7:00 p.m. 1. Agenda Continuances/Modifications Atty. Everett Correia, DarrowEverett LLP, Providence, RI requested a continuance for Agenda Item #7: Northern Waterfront Associates, LP, AP 16, Lot 37, AP 17, Lots 8 & 9, AP 22, Lots 2, 3, 4 & 10, AP 23, Lots 18 & 29 (The Newport Beach Club.) Mr. Lopes recused himself from the discussion and motion on Agenda Item #7. MOTION: Mr. Harding made a motion, seconded by Mr. Garceau, to continue Agenda Item #7: Northern Waterfront Associates, LP, AP 16, Lot 37, AP 17, Lots 8 & 9, AP 22, Lots 2, 3, 4 & 10, AP 23, Lots 18 & 29 (The Newport Beach Club), to the September 9, 2015 regular meeting. All in favor. So voted. 2. Minutes for Planning Board Meeting of June 10, 2015 MOTION: Mr. Harding made a motion, seconded by Mr. Lopes, to approve the minutes of the June 10, 2015 meeting with the following corrections: Page 1, under Members Present remove David Garceau and insert under Members Absent. All in favor. So voted. Mr. Garceau abstained from the vote because he was not present at the June 10 meeting. 3. Pierce Anthony Farm, LLC AP 36, lot 14 (2503 East Main Road), Advisory Opinion to Zoning Board of Review for construction of retail building Atty. Ken Tremblay, Chase Road, Portsmouth appeared representing the applicant, Dan Keating, with a request for an advisory opinion for the construction of a retail building in the town center zone, located at 2503 East Main Road, Pierce Anthony Farm, LLC.

2 August 12, 2015 page 2 Mr. Keating, 2503 East Main Road, described the property as a long, narrow farm with a farmhouse, located in the western portion closer to East Main Road. The middle 18 acres of the farm are conserved by easement to the Aquidneck Land Trust. The site of the proposed, 3200 square foot retail building is south of the farmhouse, outside of the conservation easement and within the town center district. Mr. Keating stated that the retail structure is to operate the sale of hard and sweet cider as well as other farm products from Aquidneck Island and his neighborhood. He noted that the existing curb cuts would be closed and a new single drive is proposed, pending RIDOT approval. He noted that he has a federal license for the sale of hard cider and will obtain a farm winery license. He noted that current farm operations include horse boarding and training as well as a 250-tree orchard, which he plans to quadruple with the retail business. He stated that the orchard is not located within the town center district. Atty. Tremblay qualified Neil Hingorany, Narragansett Engineering, Inc. who testified that he holds a masters degree in environmental science, is a RI registered soil scientist and is training in the field of engineering. Mr. Hingorany described the existing conditions of the 22 acre farm, most of which is comprised of the conservation easement to the east. The proposed location is 2.25 acres, which abuts East Main Road. The proposed retail building is 40 ft. X 80 ft. with a loading ramp, an outdoor patio and parking for about 9 spaces. He indicated the proposed drainage structure located on the northwest corner of the farm along East Main Road. He noted that the plan indicates an advanced treatment septic system. In response to Mr. Bissonnette, Mr. Tremblay presented a 2003 decision by the Zoning Board of Review, Town of Portsmouth, which acknowledged that a farm by definition, includes multiple structures with varied uses like farmhouses (residential) and thus is mixed use and not more than one use. To this comment, Mr. Lopes suggested that the proposed use, on the application augment the current use to mixed use, residential, agriculture and commercial. Referencing the plan, Mr. Hingorany described the proposed driveway. He also stated that the formal applications to RIDEM have not been submitted. Damara Toohei, 73 Middle Road, Portsmouth, project architect testified that she is a registered professional architect with the State of Rhode Island. She described the proposed retail building design, which features commercial space with office space above. Referring to the lighting plan, she described the lighting as minimal and for the purpose of security on the building, in the parking area, on the loading dock, at the entrance gate and on the signage. She noted that the lighting is dark sky compliant. Mr. Bissonnette called for public comment to which there was none.

3 August 12, 2015 page 3 MOTION: Mr. Lopes made a motion, seconded by Mr. Harding, to make a favorable recommendation to the Zoning Board of Review for Pierce Anthony Farm, LLC AP 36, lot 14 (2503 East Main Road) on the following conditions. 1. The applicant receives and submits a letter of review from the Portsmouth Fire Department for the egress and movement around the proposed building. 2. The Zoning Board of Review final approval should be subject to RIDOT approvals and RIDEM approvals for the OWTS plan and the storm water plan. 3. The plan incorporates all of the recommendations of the Design Review Board as indicated in its advisory opinion dated July 6, The site will feature dark sky compliant lighting as indicated by the project architect in testimony and according to the lighting plan but which was not included in the Design Review Board recommendations. All in favor. So voted. 4. Windrock, LLC, AP 48 Lot 19 (East Main Road & Windstone Drive), Informational Meeting regarding Master Plan Application for Major Subdivision (12 lots): Atty. Eric Chappell appeared representing Windrock, LLC, applicants for an advisory opinion from the Planning Board on a proposed residential subdivision plan for the 12.5 acre property located on the east side of East Main Road and west of Windstone Drive. The parcel is the final phase of a larger development that extends from the Sakonnet River west to East Main Road, which dates back to Atty. Chappell explained that the original concept plan consisted of a road stub to the abutting Ferreira farm (south) and two stubs (north) into Sherwood Estates. In the proposed plan, the northern stubs are removed because they are located in existing residential lots. The southern stub is relocated so as not to connect with abutting wetlands. The proposed plan indicates 11 lots situated on a cul-de-sac and road, which connect to Windstone Drive. A twelfth lot, with a duplex residential structure, fronts along East Main Road. MOTION: Mr. Lopes made a motion, seconded by Mr. Harding, to accept William F. Smith, P.E., Civil Engineering Concepts, Inc., Little Compton, RI as an expert in the field of civil engineering. All in favor. So voted. In response to questioning from Atty. Chappell, Mr. Smith confirmed that the parcel is zoned R20 and that each lot is a minimum of 20,000 sq. ft. Mr. Smith described the parcel and abutting properties. Mr. Smith stated that CRMC verified the wetlands located in the southeast corner of the site. He confirmed the lot layout along the proposed road and the access for the twelfth lot along East Main Road. He confirmed that the plan does not indicate a roadway from East Main Road to the proposed road and that there would be no cut-through to Windstone Drive from East Main Road. Mr. Smith confirmed that the former

4 August 12, 2015 page 4 stubs to Sherwood Estates to the north are removed and that the defeasible easement (stub) to the Ferreira farm is relocated further west along the southern boundary. Atty. Chappell indicated that William McGlinn, P.E., General Manager and Chief Engineer, Portsmouth Water and Fire District, in his letter, dated August 12, 2015, stated that a water main would be required in the paper stub to the Ferreira Farm (Map 48, Lot 35) to service Proposed Lot 1. Mr. Smith stated that the proposed plan reflects Mr. McGlinn s requirement. Mr. Smith indicated that the proposed site has underground electric and utility service but not natural gas. He indicated that each lot has either a conventional or an advanced treatment septic system depending on soil test results. He described the propose storm water drainage system and structure located along the eastern boundary of the site. Atty. Chappell indicated that, via an easement, a percentage interest in the storm water pond lot would be conveyed to each property owner. A homeowners association would conduct maintenance of the pond and lot according to deed restrictions and covenants. Mr. Smith explained the drainage along the eastern boundary of the site. He confirmed that the proposed drainage system would collect and pre-treat storm water before draining excess flow to the drainage system on Windstone Drive. Mr. Harding asked if the plan could include an emergency only access from another location. Mr. Smith noted that the northern stubs into Sherwood Estates no longer exist and that his intent is to minimize access from East Main Road. In response to Mr. Lopes, Mr. Smith stated that the site has 60 to 18 inch water tables based on test hole results. Mr. Bissonnette called for public comment. Peter Samways, 86 Windstone Drive, whose property abuts the marsh at the southeast corner of the site, expressed concern for the amount of drainage that flows onto his lot. He asked that the project drainage system address and correct the flow from that corner. Mr. Bissonnette emphasized that the applicant cannot legally construct a plan that would increase storm water run off from the site. Mr. Smith stated that he is working with the Portsmouth Department of Public Works to identify possible drainage tie-ins to existing systems. He noted that the proposed system collects run off in a detention pond and the overage is metered out to the existing systems. Atty. Chappell noted that neighbors do not want a cut through road from East Main Road through the existing subdivision. He requested master plan approval. MOTION: Mr. Harding made a motion, seconded by Mr. Lopes to grant master plan approval to Windrock, LLC, AP 48 Lot 19. All in favor. So voted. 5. Middle Creek Farm, LLC, AP 68, Lot 71 (114 Cornelius Drive Portsmouth) and AP 128, lot 73 (116 Cornelius Drive Middletown), Request for Master

5 August 12, 2015 page 5 Plan Approval for Major Subdivision (11 lots). Atty. Neil Galvin, Corcoran, Peckham, Hayes & Galvin, 31 America's Cup Avenue, Newport, RI appeared representing the applicant, Michael Behan, Behan Brothers, Inc. He stated that he is in agreement with the decision for master plan approval, prepared and presented by Mr. Lesinski MOTION: Mr. Lopes made a motion, seconded by Mr. Tibbitts, to approve the master plan decision for major subdivision (11 lots) for Middle Creek Farm, LLC, AP 68, Lot 71 (114 Cornelius Drive Portsmouth) and AP 128, lot 73 (116 Cornelius Drive Middletown) as prepared by Leon Lesinski, the Planning Board Administrative Officer. All in favor. So voted. Noting that the proposed subdivision straddles the town line between Portsmouth and Middletown, Atty. Galvin stated that he has completed certain steps relative to the Town of Middletown approval. The Middletown Zoning Board of Review approved required regulatory (dimensional) relief and a special use permit for development in a watershed area. The preliminary plan approval for Middletown is also underway. Relative to the a condition of the Portsmouth master plan approval, Mr. Galvin explained that he is exploring the issue of Portsmouth water service to the Middletown lots. He argued that the matter should not make a difference to preliminary approval but would be resolved by final approval. Mr. Lopes and Mr. Bissonnette questioned Atty. Galvin about a letter from the Portsmouth Water and Fire District, dated August 12, 2015, in which Mr. McGlinn, General Manager and Chief Engineer outlines concerns for water quality in Middletown subdivisions to the southwest of the proposed site and further strongly recommends installation of a water main extension for the new subdivision. Atty. Galvin presented a package of water test results that Mr. Behan engaged for an analysis of the site s water quality. The test results for nitrogen-nitrate concentrations fall below EPA recommended maximum limits. With regard to fire safety, Atty. Galvin argued that the Portsmouth Fire Chief has previously given written approval of whole house sprinkler systems if wells are installed in the subdivision instead of a water main. He stated that the water main will be installed if all the lots, including those in Middletown, are serviced by it. Ms. Lyn Small, P.E., Northeast Engineers & Consultants, Inc., Middletown, RI, Project Engineer reviewed the proposed plan. She described the lot layout and noted the site frontage on Cornelius Drive, Old Mill Lane and Pequot Lane. She stated that the project proposes an extension of Cornelius Drive, which ends in a cul-de-sac and reaches into the site 1200 feet. She explained that in addition to permits from both towns, the project requires the RIDEM freshwater wetlands approval and the RI subdivision suitability permit. She noted that available utilities include electric, water and gas. The proposed lot septic systems have pretreatment systems that discharge to bottomless sand filter systems. Ms. Small explained that the first half of the roadway includes catch basins which discharge into a drainage system located on lots 3 and 4. The system is sized to

6 August 12, 2015 page 6 capture run off from all proposed impervious surface. The individual lots will have rain gardens for additional drainage. The run off from the second portion of the road is collected in a swale system, which discharges to another similar drainage system on lots 6 and 7. She noted that the systems address the watershed concerns expressed by an abutter at master plan approval and yield reductions in peak run off and volume. Ms. Small explained that the intent of the project is to limit density to 11 lots of higher value. The design is thus able to pull the houses off line in order to gain infiltration throughout the project. She noted that the drainage systems are designed also to accommodate run off from houses with 4000 sq. ft. footprints and paved driveways. She noted that the project has verified water tables to accommodate 4 bedroom septic systems. She noted that the plan provides for a municipal water main from Old Mill Lane to Cornelius Drive and for private wells until which time the water service option is determined. Ms. Small explained that the RI storm water manual accepts rain gardens for residential use. She said they are 8-inch depressions with vegetation and mulch, which are designed to handle the first flush of storm water from individual lot impervious surface and roofs. According to subdivision deed restrictions and covenants, each property owner is obligated to maintain the individual lot rain gardens under the purview of a homeowners association, which will also maintain the larger drainage features. Atty. Galvin explained that the towns would enforce maintenance of the drainage systems. Mr. Bissonnette called for public comment. Anne Spaight, 63 James Court, abutter inquired as to whether or not the Planning Board is requiring an additional access to the proposed subdivision. Mr. Bissonnette explained that while the Planning Board prefers a second access, installation of one is not practical for the proposed site. He further explained that the town zoning regulations do not requires a second access in a residential subdivision. Atty. Galvin requested preliminary plan approval. Mr. Lesinski confirmed that th checklist for preliminary plan approval is complete. MOTION: Mr. Tibbitts made a motion, seconded by Mr. Lopes, to grant preliminary plan approval for Middle Creek Farm, LLC, AP 68, Lot 71 (114 Cornelius Drive Portsmouth) and AP 128, lot 73 (116 Cornelius Drive Middletown) on the following conditions: 1. The letter from the Portsmouth Water and Fire District, August 12, 2015 regarding the requirement for a water main is entered into the record. 2. The Certificates of Analysis, August 12, 2015, for the proposed site water quality are entered into the record 3. The applicant meets all the conditions set forth in the master plan approval, June 10, The subdivision covenants and restrictions especially those relative to the homeowners association are reviewed and accepted by the town solicitor. 5. The plan will meet all state and town statutes and regulations.

7 August 12, 2015 page 7 6. The project obtains RIDEM OWTS, Wetlands and Storm Water approvals and permits All in favor. So voted. 6. Gerald Delisle, AP 56, lot 71 (799 Union Street), Concept Review for Open Space Development Allen J. Shers, Shers Realty appeared representing the applicant, Gerald Delisle for a concept review for an open space development on a 14-acre parcel located on Union Street. The parcel is a farm that abuts Lawton Valley and the Portsmouth water treatment plant. It is zoned R30. Mr. Shers presented a subdivision plan with 11 residential lots, each approximately 17,000 sq. ft., which would be allowable with the appropriate amount of open space. Mr. Shers also suggested a 4-lot plan with 60,000 sq. ft. lots. He said there has been preliminary soil testing conducted on the site. There is an old farmhouse on the site. Mr. Shers asked for the Planning Board s advice and direction for the site, which poses particular concerns given its location in the water protection district. Mr. Bissonnette expressed concern for the amount of ledge in the area. Mr. Lopes advised Mr. Sher to conduct complete soil testing of site, the results of which would determine proper development. Mr. Harding commented that the Portsmouth Fire Department would require a cul-de-sac with a proper radius at the end of the proposed road. Mr. Bissonnette agreed stating that the fire department would also determine the width of the road. Mr. Harding suggested that the site might be appropriate for a cluster development with open space. Mr. Bissonnette called for public comment. Richard Munch, 775 Union Street expressed his concern for the topography and high elevation of the site given its close proximity to the town s drinking water source. Mr. Bissonnette commented that the development is allowable if it is outside of the determined setback from the reservoir. Mr. Lopes commented that the applicant would have to abide by the restrictions of the water protections district. Jill Munch, 775 Union Street questioned the applicability of the soil testing referred to by Mr. Shers. Mr. Bissonnette explained that within the regulated subdivision approval process, the applicant is required to present current testing. Mr. Lopes commented that testing has to be conducted within the last five years. Robert Hehl, 815 Union Street inquired about how the development would meet the standards for open space development according to the town ordinance. Mr. Bissonnette stated that the applicant would have to put that rationale in the project application and proposal. Mr. Hehl expressed his concern that the water table in the site may not accommodate septic systems. He expressed concern for farm fertilizer run off into the reservoir. He noted that the current road into the parcel is only 9 feet wide.

8 August 12, 2015 page 8 Mr. Munch commented that the site is appropriate for acquisition by the water department or the Aquidneck Land Trust. 7. Agenda Item # 8, Discuss Aquidneck Island Planning Commission (AIPC) and report of AIPC activities: No Report 8. Agenda Item # 9, Review Status of Revised Comprehensive Community Plan Gary Crosby, Town Planner gave an update on the revision process for the Comprehensive Community Plan. He has completed the deconstruction of the old plan and developed a table of contents for the new plan. He has approval from the town administrator to solely devote one day a week to the plan revision process. 9. Agenda Item #10, Review Planning Board Annual Report for 2015 Mr. Bissonnette commented that the annual report should state the Planning Board s and the town solicitor s efforts in collecting road bond monies. Mr. Lesinski said he would revise the annual report to include this information. 10. Agenda Item # 11, Approve Monthly Project Status Reports, Administrative Subdivisions and Plat Plan Recording Mr. Lesinski presented Monthly Project Status Reports, Administrative Subdivisions and Plat Plan Recording, August 12, MOTION: Mr. Lopes made a motion, seconded by Mr. Harding to accept the Portsmouth Planning Board Monthly Project Status Reports, Administrative Subdivisions and Plat Plan Filings, August 12, 2015 and to place it into the record. All in favor. So voted. At 9:07 p.m., a motion was duly made and seconded to adjourn the meeting. All in favor. So voted. Respectfully submitted: Dede Walsh Recording Secretary for: Leon Lesinski, Administrative Officer