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

Transcription

1 TOWN OF PORTSMOUTH PLANNING BOARD 2200 East Main Road Portsmouth, RI PORTSMOUTH PLANNING BOARD Regular Meeting April 12, 2017 Members Present: Guy Bissonnette, Ryan Tibbetts, Luke Harding, David Garceau, Edward Lopes and Michael James. Members Absent: Kathleen Wilson Others Present: Leon Lesinski, Administrative Officer, Portsmouth Planning Board, Atty. Kevin Gavin, Portsmouth Town Solicitor and Michael Asciola, Assistant Town Planner. The Meeting was called to order by Mr. Bissonnette at 7:00 p.m. 1. Agenda Continuances/Modifications: none 2. Approval of minutes for Regular Planning Board meeting of March 9, 2017 MOTION: Mr. Harding made a motion, seconded by Mr. Lopes to approve the minutes of the regular meeting, March 9, 2017 with the following correction: Page 4, paragraph 3, change April 22 to April 26. All in favor. So voted. 3. Russo Road Subdivision, AP 44, lots 18 &19, Discuss completion of road construction and acceptance of Russo Road John Vitkevich, Developer reported that the swail, which extends from the northeast corner of the site to the Subway building is installed. He stated that the necessary drainage work was completed the previous day and is awaiting inspection. He noted that remaining work includes loaming and seeding the berms. Mr. Vitkevich said the matter regarding the Subway porch encroaching the drainage easement is under investigation by the town and the project engineer. He asked for a continuance to the May regular meeting. MOTION: Mr. Harding made a motion, seconded by Mr. Lopes to continue Russo Road Subdivision, AP 44, lots 18 &19 to the May 10, 2017 regular meeting. All in favor. So voted. 4. Mark Libby, LLC (Portsmouth Public House), AP 37, Lot 69, Unit 601 (600

2 April 12, 2017 page 2 Clock Tower Square) Request for a modification to Final Plan Decision to extend Business hours to 12:00 AM Atty. Christopher Carreiro, Carreiro Law Office, PLLC, 1010 G.A.R. Highway, Swansea, MA appeared representing the applicant with a request for a minor modification to the Final Plan Decision to extend the business hours of the Portsmouth Publick House, located at 600 Clock Tower Square, West Main Road. He stated that since the applicant, Mark Libby established his business in 2012 and subsequently purchased the building, Unit 601, he has experience success with the restaurant venture. He further stated that Mr. Libby finds the hours of operation limitation to 10 p.m. an impediment to his business operations and requests a modification to allow him to remain open until 12 a.m. In response to Mr. Harding, Atty. Carreiro explained that Mr. Lesinski suggested characterizing the request as a minor modification, which does not require notification to the abutters. Mr. Lesinski stated that he took the application as a minor modification, which could have been approved administratively, however he brought the matter to the Planning Board members to give them the opportunity to determine if it should be heard as a major modification. Mr. Harding recalled the original approval hearing from 2000 during which neighbors urged the Planning Board to limit the hours of operation. He stated that he called other restaurants in Portsmouth and found that most close their kitchens at 10 p.m. and serve liquor until 11 p.m. Atty. Carreiro presented proposed hours of operation for the restaurant, which lists winter and summer closing times from 10 to 11 p.m during the week and 11 p.m. to 12 a.m. on Friday and Saturday. He noted that the request requires approval from the Town Council for an alteration to the liquor license. Mr. Harding expressed his concern that over time the permit has been modified beyond the scope of its original intent. He stated that he could not make a determination without neighbor input. MOTION: Mr. Harding made a motion, seconded by Mr. James, to change the application for Mark Libby, LLC (Portsmouth Public House), AP 37, Lot 69, Unit 601 (600 Clock Tower Square) to a request for a major modification to the final plan decision. All in favor. So voted. 5. Prescott Point, LLC, AP 55, lot 1A, 2547 West Main Road Review and approve proposed Development Agreement, Aesthetic & Architectural Standards and Declaration of Restrictions & Protective Covenants Governing the Prescott Point Sub-Condominiums Atty. Laurent Rousseau, Moore, Virgadamo & Lynch, Ltd., Middletown, RI, appeared representing the applicants, with four documents to be entered into the record as follows: 1. Development Agreement for the Prescott Point Planned Resort Development, 2. Declaration of Restriction and Protective Covenants governing the Prescott Point Sub-Condominiums, 3. Prescott Point Aesthetic and Architectural Standards, and 4. Changes to Development Agreement, Restrictions and Architectural Standards. He stated that he filed a Declaration of Condominium Form for Land Unit 3, Commercial, which is for Planning

3 April 12, 2017 page 3 Board review in the future. He noted that this document follows the Declaration of Condominium for Beech Hill at Prescott Point with additional language that is appropriate for a land-only condominium and an easement for the parking spaces that encroach on certain Beech Hill units. Atty. Rousseau conducted a review of the changes listed in Changes to Development Agreement, Restrictions and Architectural Standards. Atty. Gavin confirmed that he reviewed all the changes and finds them satisfactory. Atty. Rousseau noted that he has to add administrative documents to the Development Agreement such as restrictions and permits associated with the property, after which point, he will bring the final draft to the Planning Board for signing. Mr. Bissonnette called for public comment. Raymond Morrissette, 46 Brook Farm Road, abutter and Executive Board of Beech Hill, Assistant Secretary expressed concern that the Executive Board had only received the documents presented by Atty. Rousseau a day earlier. He proceeded to address items of concern to the Executive Board as follows: 1. The Executive Board is concerned with the use of the term Phase 1 on page 7, section 2.3, which it feels may cause confusion when the same term is used with regard to other areas within Prescott Point. Atty. Rousseau stated that the term is limited to the development agreement. 2. Citing the original special use permit, dated June 3, 2000, the Executive Board objects to the language in section 2.3 that indicates that the entrance to the Project on Brook Farm Lane is not required to be paved. Atty. Rousseau stated that the part of Brook Farm Lane that is in Beech Hill has to be paved but the part that is the emergency access for the planned resort project does not, unless the Planning Board requires the paving. Mr. Chris Bicho, Developer, 96 Dianne Avenue stated that he intends to pave all of Brook Farm Road unless the town, including the fire department, tells him not to pave the emergency entrance. 3. Citing the original special use permit, dated June 3, 2000, the Executive Board is concerned that the drainage pipe diameter for the 6 lots in the planned resort project along East Main Road is 8 inches when the permit stipulates a minimum pipe size of 12 inches. Atty. Rousseau argued that the requirement does not apply to the planned resort project but only to Beech Hill. Mr. Morrissette argued that the special use permit was intended for all of Freedom Bay Development and the successor development, Prescott Point. Referring to Section 1.4 Assignment and Assumption of the Development Agreement, Robert Steele, 45 Freedom Trail Drive, abutter asked if the term obligations could be added to first sentence along with the terms rights, title and interests. Atty. Rousseau noted that the language is standard legal terminology and that when a person or persons sign an agreement, they accept the obligations associated with the agreement. Referring to Section 2.2 Buildings and Amenities, item B Single Family Residential Units of the Development Agreement (page 6), Mr. Steele raised his concerns that individual unit

4 April 12, 2017 page 4 landscaping will not require Board approval. Atty. Rousseau stated that the planned resort project is a land only condominium with the unit owners determining their own landscaping, similar to what happens in a traditional subdivision. Mr. Steele suggested that guidelines based on the landscaping requirements for the common areas of the planned resort project be provided to unit owners. Mr. Bissonnette closed the public comment portion of the hearing. MOTION: Mr. Lopes made a motion, seconded by Mr. Harding to accept the Declaration of Restriction and Protective Covenants governing the Prescott Point Sub-Condominiums, the Prescott Point Aesthetic and Architectural Standards, and the Development Agreement for the Prescott Point Planned Resort Development, with the changes as noted and presented by the petitioner s counsel and to further authorize the Planning Board Chairperson to sign the aforementioned documents at their completion and to further hold in abeyance the Declaration of Condominium for Land Unit 3 until the May 10, 2017 regular meeting. All in favor. So voted. 6. Highlands at Prescott Point, LLC (owner: Roman Catholic Diocese of RI), AP 55, lot 1, 2543 West Main Road Approve Preliminary Plan Decision for a major subdivision (11 lots) Atty. Laurent Rousseau, Moore, Virgadamo & Lynch, Ltd., Middletown, RI, appeared representing the applicants with a request for preliminary plan approval for an 11-lot subdivision on West Main Road in the Prescott Point development. He explained that in March, the Planning Board granted preliminary plan approval for a 12-lot plan that included one LMI lot, however the Zoning Board of Review did not grant the necessary variances to go forward with that plan. He noted that the 11-lot plan conforms to zoning with the exception of a reduced road width to 24 feet. MOTION: Mr. Lopes made a motion, seconded by Mr. Harding to accept Lyn Small, P.E. Northeast Engineers & Consultants, Inc., 55 John Clarke Road, Middletown, RI as an expert in the field of civil engineering and a registered P.E. in the State of Rhode Island. All in favor. So voted. Lyn Small, P.E. Northeast Engineers & Consultants, Inc. explained that the plan indicates adequate frontage for all the lots and provides Lot 8 with more land area since it includes the largest portion of the drainage system. She noted that the sewer and drainage lines are aligned to run along property boundaries. The plan is in review with RIPDES and RIDOT. She highlighted all the design features that remain unchanged. Atty. Gavin explained the rationale behind the Zoning Board of Review s decision not to grant the variances for the 12-lot subdivision. Mr. Bissonnette called for public comment to which there was none. MOTION: Mr. Harding made a motion, seconded by Mr. Tibbetts to make

5 April 12, 2017 page 5 preliminary plan approval for a major subdivision for Highlands at Prescott Point, LLC (owner: Roman Catholic Diocese of RI), AP 55, lot 1, 2543 West Main Road. All in favor. So voted. 7. Northern Waterfront Associates, LP (The Newport Beach Club), AP 16, lot 37, AP 17, lots 8 & 9, AP 22, lots 2, 3, 4 & 10, AP 23, lots 18 & 19. Request for approval for a minor modification (4 th modification) to the multifamily buildings Mr. Lopes continued his previous recusal for the agenda item and sat in the audience. Atty. Zack Darrow, Darrow Everett LLP, 1 Turks Head Place, Providence, RI appeared representing the applicants with a request for approval for a minor modification to the development plan for The Newport Beach Club. He presented for the record the Second Amendment to the First Modification to the Development Agreement for the Newport Beach Club (Second Amendment), which lists changes to the development agreement necessary to incorporate the proposed modification. He explained that the development plan includes 8 floating or undesignated units, which are to be located in the plan as the development progresses. The project recently received approval from FEMA to locate 2 ground level units in the Waterside 10 Unit Condominium Building as designated on the proposed plan and also referred to as one of two Marina Multi-family buildings in the Second Amendment. The plan also provides additional ground level parking spaces. Atty. Darrow stated that the modification reduces the number of floating units to 6. MOTION: Mr. Harding made a motion, seconded by Mr. Tibbetts to accept Lyn Small, P.E. Northeast Engineers & Consultants, Inc., 55 John Clarke Road, Middletown, RI as an expert in the field of civil engineering and a registered P.E. in the State of Rhode Island. All in favor. So voted. Lyn Small, P.E. Northeast Engineers & Consultants, Inc. explained that the FEMA approval allows her to lift the western most Marina Multi-family building up to bring it out of the flood plain and accommodate two more units. Referring to the FEMA Conditional Letter of Map Revision Based on Fill Comment Document, dated December 12, 2016, she stated that FEMA issues a final approval when the building is constructed according to the submitted plan. With this approval, the first floor of the building is suitable for living space and mechanicals. The proposed plan also indicates 6 parking space within the first floor and 14 ground level parking spaces, located close to the two Marina Multi-family buildings. Ms. Small stated that she incorporated the necessary water quality treatment for this additional impervious surface in drainage design. She noted that the additional driveway length on the plan is subject to CRMC approval. In response to Mr. Harding, Mr. Darrow noted that under the modification the Marina Multi-family buildings are located further apart from each other. He

6 April 12, 2017 page 6 submitted for the record a letter, dated March 29, 2017, to the Portsmouth Planning Board from Andrew White, Portsmouth Fire Marshal granting approval of the proposed plan. Mr. Bissonnette called for public comment to which there was none. MOTION: Mr. Harding made a motion, seconded by Mr. Tibbetts, to grant approval of Second Amendment to the First Modification to the Development Agreement for the Newport Beach Club and the associated plan entitled C-1, Layout Comparison Plan, dated March 28, 2017 as presented. All in favor. So voted. 8. Portsmouth RI Commercial, LLC, AP 29, lots 31, 32 & 32A (East Main Road & Sprague Street), Advisory Opinion to the Zoning Board of Review to amend prior Special Use Permit to Allow a new retail building containing 7250 sq. ft. (6,000 sq. ft. previously approved for a total development containing 16,584 sq. ft. Atty. Sean Bouchard, Silva, Thomas, Martland & Offenberg, Ltd., 1100 Aquidneck Avenue, Middletown, RI appeared representing Portsmouth RI Commercial LLC with a request for an advisory opinion to the Zoning Board of Review to amend a previously approved special use permit, dated April 16, 2015 for a site located at the northwest corner of the East Main Road/Sprague Street intersection, which is the Dollar General location. The request pertains to the northern portion of the site, which was previously approved for the construction of a 6000 sq. ft. commercial building with two units. The applicant is seeking approval for an amendment to the special use permit from the Zoning Board of Review for a 7250 sq. ft. commercial building with one unit for the future location of an O Reilly s Auto Parts store. Atty. Bouchard asked that the Planning Board formally accept Douglas Grunert, BKA Architects as an expert witness. Mr. Bissonnette denied the request due to Mr. Grunert s lack of professional designation or license. Atty. Bouchard allowed Mr. Grunert to testify on the design of the proposed building. Douglas Grunert, BKA Architects, 142 Cresent Street, Brockton, MA reviewed the elevation design for the proposed store. He specified the materials used for the exterior of the building. He noted that the windows are obscured to the inside view to maximize commercial space. He noted that the design is a prototype for O Reilly s Auto Parts. He stated that the signage is the standard package for the O Reilly brand. He stated that the Design Review Board heard the petition on Monday, April 10 and has rendered a positive advisory opinion. He indicated the receiving egress on the left (west) side of the building and that the site has a shared receiving drive with Dollar General. Gary Eucalitto, Developer, Portsmouth RI Commercial, LLC, 55 Proprietors Lane, Torrington, CT indicated that the west area behind the proposed building is grassed with an easement to an existing cemetery. He noted that the proposed plan reduces parking from 52 spaces to 28 thus reducing impervious surface. He

7 April 12, 2017 page 7 stated that proposed plan yields a reduction in trips from 220 to 100 cars per day. To support these figures, he presented for the record, a traffic evaluation for a similar store in Meridan, CT (O Reilly Auto Parts Store, Meridan CT, Findings of Traffic Evaluation, BLC Companies, 355 Research Pkwy, Meridan, CT, February 24, 2017). Mr. Eucalitto noted that the proposed building features the same design and materials as the Dollar General store with the exception of the color for the O Reilly brand. Mr. Harding commented that the original approval prohibited the internally lighted sign that currently exists for Dollar General. Mr. Eucalitto commented that Dollar General submitted an application that was approved by the town. Messrs. Harding and Bissonnette expressed their disappointment with the flat roofs on the Dollar General building and in the proposed design, and voiced their preference for gable roofs. Mr. Harding commented that he is impressed that the developer, with the Dollar General site design, attempted to mitigate drainage issues experienced by the abutter across the street and met the requirements of the Planning Board with regard to the Dollar General building design. In response to Mr. Lopes, Mr. Eucalitto agreed to improve the landscaping on the site due to the prominent nature of the corner. Mr. Lesinski recommended to the Planning Board, that it make a positive advisory opinion on the condition that the Zoning Board of Review accepts an administrative merger of Lots 31 and 32A into Lot 32. Mr. Bissonnette called for public comment. David Goetzinger, 2908 East Main Road expressed his objection to the Dollar General building and the proposed O Reilly s building as unattractive. He expressed regret that the town rejected historic zoning years ago and that appropriate planning is not occurring in Portsmouth. He noted that the town citizens benefit very little financially with kind of commercial development proposed by the applicant. He feels that the Planning Board should reject the project and similar projects until the town is able to conduct proper planning that addresses how the town will look into the future. Mr. Bissonnette concurred with Mr. Goetzinger s position on aesthetic zoning noting that the Planning Board does not have necessary leeway in the absence of such regulation in the zoning ordinance. He suggested that Mr. Goetzinger address the issue with the Town Council who has the authority to bring forth historic or aesthetic zoning. Mr. Lopes stated that the Planning Board and the Design Review Board have limited authority and approved the Dollar General proposal based on the confines of the existing zoning ordinance. Mr. Bissonnette stated that if the Planning Board denies the application without authority, then the applicant could take the matter to Superior Court resulting in a costly suit to the town. Mr. Harding expressed his regret that the damage to the aesthetic and historic nature of the area has occurred with development over a number of years. He noted that at least the Planning Board is attempting to approve applications that include viable, lasting businesses. Mr. Goetzinger disagreed that the auto parts store could be lasting.

8 April 12, 2017 page 8 He noted that Dollar General is listed for sale on a commercial property website. Mr. Eucalitto stated that the property is always listed for sale. He commented that prior to his development, the vacant site was listed for sale for many years. He commented that Cumberland Farms executed exterior improvements to its store across the street in response to the prospect of increased competition with Dollar General. He admitted that development brings change and that the area will gradually become more active. Mr. Bissonnette and Mr. Harding commented that the development could spur the town to consider zoning changes that preserve and ensure an attractive townscape. Mr. Bissonnette stated that the timing is ideal since the Planning Board is in the process of writing a new comprehensive community plan, which will be followed up with a review and updating of the zoning ordinance. He emphasized that there has to be a political will on the part of the town residents to initiate historic/aesthetic zoning. Paul Kesson, 3241 East Main Road, abutter asked about the typical size of an O Reilly s store to which Mr. Eucalitto responded, 85 ft. by 85 ft. He referenced an O Reilly s on Rt. 113, which appears to be bigger. Mr. Eucalitto commented that the space may have been pre-existing. Mr. Kesson expressed concern that underground water run off from the proposed site may be causing contamination because he is having grass growth in his side yard, which he hasn t had in several decades. He noted that he called the water department with concerns that there may have been a breach in the municipal water system. He noted that the arbor vitae trees in the front of his house have died because of the underground flow due to the disturbance of the proposed site. Mr. Eucalitto commented that he would replace the trees. He noted that the proposed store building is a prototype for O Reilly s. In response to Mr. Kesson s inquiry of a Planning Board denial of an un-related proposal for the proposed site, dated September 14, 2016, Mr. Bissonnette explained that the proposal was denied because the applicants did not appear at the hearing. Refuting Mr. Goetzinger s previous statement, Mr. Kesson stated that his recent property assessment was $10, less that what he purchased the property for in Mr. Kesson argued that Dollar General did not install the gooseneck lighting specified in the original plan. He is not pleased with the tall lighting posts on the site, one of which shines into his bedroom window at night. He asked the Planning Board to make a condition of its advisory opinion that all the off building lighting on the site be lowered to 4 feet, which would ensure foot traffic safety without creating light pollution for the abutters and that the originally proposed gooseneck lamps be installed. Mr. Kesson said he has met with Ms. Wilson several times over the last year regarding drainage in the area because the state system does not have capacity in its current system to take on any more water. Mr. Eucalitto stated that his drainage system has reduced run-off from the proposed site. Mr. Kesson asked the Planning Board to make a condition of its advisory opinion that the developer meets the original requirement to align the northern site curb cut/ingress with his driveway for traffic safety purposes.

9 April 12, 2017 page 9 Denise Wilke, 3140 East Main Road, and owner of 28 Sprague Street expressed her concern that the town commercial properties are being developed with chain stores. Mr. Bissonnette stated that the Planning Board does not have grounds to deny the application. Ms. Wilke expressed concern that O Reilly patrons would work on their vehicles in the parking lot and that the company does not have a good reputation. Peggy Mercer, 3171 East Main Road, tenant presented for the record, three press releases regarding actions against O Reilly s Auto Parts, which she obtain through an Internet search: 1. County of Yolo. Office of the District Attorney, Jeff W. Reisig, District Attorney. O'Reilly Auto Parts to Pay $9.86 Million in Hazardous Waste Case. Woodland, CA: County of Yolo, Print. 2. Consumer Protection Unit. Office of the District Attorney. O REILLY AUTO PARTS SETTLES OVERCHARGING ACCUSATIONS FOR $1.5 MILLION. Office of the District Attorney, County of Santa Clara. Tiyen Lin, Deputy District Attorney, 9 July Web. 10 Apr </ Settles.aspx>. 3. Washington State. Office of the Attorney General. ATTORNEY GENERAL INVESTIGATES O REILLY AUTO PARTS ALLEGED REFUSAL TO PROVIDE HEALTHCARE BENEFITS TO SAME-SEX SPOUSES OF WASHINGTON STATE EMPLOYEES. Attorney General Bob Ferguson, 17 Mar Web. 10 Apr < Ms. Mercer expressed concern for the negative impact that a business with such a tarnished reputation would have on the character of the town. She asked the Planning Board to take the time to look into these cases against O Reilly Auto Parts. She presented an Internet real estate listing for Dollar General and expressed concern for certain irregularities in the listing: Portsmouth RI, Dollar General Development. Atlantic Retail Properties, Mike Alberico, Broker, atlanticretail.com/listings/e-main-rd-sprague-st/. Accessed 10 Apr Referring to a newspaper article, dated October 1, 2015, entitled State DOT to fix what ails it, Ms. Mercer asked the Planning Board to investigate whether or not certain engineers who were released from RIDOT worked on road projects in the area of the proposed development: McDermott, Jennifer. State DOT to Fix What Ails It. The Newport Daily News, 1 Oct. 2015, pp. A1 A7. Mr. Kesson inquired as to whether or not the Planning Board has the authority, under the zoning ordinance, to mandate hazardous waste protections within drainage design plans. Mr. Bissonnette and Mr. Lopes stated that those measures fall within the purview of RIDEM. Mr. Eucalitto stated that the site

10 April 12, 2017 page 10 drainage system is features two oil separators for parking lot waste. MOTION: Mr. James made a motion, seconded by Mr. Tibbetts, to make a favorable recommendation for Portsmouth RI Commercial, LLC, AP 29, lots 31, 32 & 32A (East Main Road & Sprague Street) to the Zoning Board of Review on the following conditions: 1. The developer replants the screening trees on the property of Paul Kesson, abutter at 3241 East Main Road until the plantings establish, up to a period of three years. 2. The developer executes the installation of gooseneck lighting on the existing Dollar General building and the proposed O Reilly Auto Parts building. 3. The developer executes necessary site-wide, lighting alterations and installations that conform with the original plan so as to eliminate lighting spillage to abutting properties. 4. The developer seeks out the necessary permit from RIDOT in order to alter to the site northern curb cut or ingress so it aligns with the driveway of Paul Kesson, abutter at 3241 East Main Road, and executes the alterations based on such permit. 5. The developer obtains a landscape plan for the entire site from a registered landscape architect. 6. The Zoning Board of Review accepts an administrative merger of Lots 31 and 32A into Lot 32. Pamela Quinn, Registered Landscape Architect, 697 Middle Road made comments on the success of tree plantings, the intensity of lighting and the use of trees to cool asphalt parking areas. John Borden, 41 Mill Lane, speaking as a private citizens and a former member of the Design Review Board, commented about his disappointment with the DRB review of certain applications including the Dollar General application. He suggested that the Planning Board could send DRB advisory opinions back to the DRB for further review. He stated that if the 3 lots are merged into one, then site may only have one street sign and the Dollar General sign may have to be more centrally located on the site. The motion carried five votes approving and one vote opposing. Mr. Harding opposing. 9. John Leo and Loran B. Deveau (Applicant: Aquidneck Land Trust), AP 63, lots 4 and 4A (2 East Main Road) Administrative Subdivision to subdivide lot 4A into a new 43,602 sq. ft. lot to contain the existing single family dwelling and merge the remaining portion of 4A into lot 4. The new lot would need to be provided an easement to Goularte Lane because it would not have frontage on a public road. 10. Aquidneck Land Trust, AP 63, lots 4 and 4A (2 East Main Road)

11 April 12, 2017 page 11 Request for an Advisory Opinion to the Zoning Board of Review to develop a private non-profit community center building and outdoor areas which comply with all the criteria and requirements of Article VII, A. 5 Chuck Allott, Executive Director, Aquidneck Land Trust (ALT), 790 Aquidneck Avenue, Middletown, RI appeared with a request for an administrative subdivision of AP 63, Lots 4 (10.67 acres) and 4A (3.83 acres), which are located at 2 East Main Road and 100 Goulart Lane, for the purpose of acquiring a portion of lot 4A and the entirety of Lot 4. A part of the property straddles the Middletown line. Each lot has an existing residence. Mr. Allott distributed a new plan to the Planning Board members. The proposed plan indicates a subdivision of lot 4A, 48,000 + square feet, of which includes the existing residence and a driveway with access to Goulart Lane. Mr. Allott explained that the driveway strip provides road frontage for Lot 4A necessary for title purposes and that the ALT is obtaining an easement in the land transfer which provides its use of the driveway to access the (west) portion of lot 4. The remainder of Lot 4A is merged into Lot 4. Mr. Allott noted that the ALT is moving its administrative offices into the other existing farmhouse and that the greater acreage to the west will be used for community events and facilities. He noted that the Towns of Middletown and Portsmouth, as well as the State of RI have financially supported the project. The ALT is nearing the end of its fund raising for the project. He requested approval of the administrative subdivision and positive advisory opinions to the Zoning Board of Review for frontage on a public or private way for Lot 4A, and for a special use permit to allow for a private, non-profit community center building and outdoor areas on Lot 4. He asked that the Planning Board approval of the administrative subdivision be conditional upon the variance approval from the Zoning Board of Review. Mr. Allott answered questions from Planning Board members regarding lighting, ALT operations, staffing and special events. Neil Hingorany, Narrangansett Engineering Inc East Main Road presents distance figures for abutting structures. Mr. Bissonnette called for public comment to which there was none. MOTION: Mr. Lopes made a motion, seconded by Mr. Harding to approve the administrative subdivision for John Leo and Loran B. Deveau (Applicant: Aquidneck Land Trust), AP 63, lots 4 and 4A (2 East Main Road) conditional upon the applicant obtaining approvals from the Zoning Board of Review for variance for frontage on a public or private road and for a special use permit for a private non-profit community center building and outdoor areas. All in favor. So voted. MOTION: Mr. Harding made a motion, seconded by Mr. James to make a positive recommendation to the Zoning Board of Review for Aquidneck Land Trust, AP 63, lots 4 and 4A (2 East Main Road) for the project as a whole and specifically for a variance for frontage on a public or private road and for a special use permit for a private non-profit community center building and outdoor

12 April 12, 2017 page 12 areas. All in favor. So voted. 11. Pamela Quinn, AP 51, lot 26 (697 Middle Road) Request Preliminary Plan approval for Minor Subdivision (5 lots) Atty. Jay Lynch, Moore, Virgadamo & Lynch, Ltd, 97 John Clarke Road, Middletown appeared representing the applicants with a request for preliminary plan approval for a 5 lot minor subdivision located at the intersection of Middle Road and Schoolhouse Lane. The parcel has frontage on High Hawk Road for Lots 4 and 3, which were previously purchased by the applicants from the FLJ, Indian Hill subdivision. The proposed plan includes five conforming lots with appropriate frontage on High Hawk or Middle Road and with appropriate square footage. Neil Hingorany, Narrangansett Engineering Inc East Main Road stated that the proposed preliminary plan is similar to the previously presented concept plan. He noted that the existing stone wall runs along the northerly boundary line of Lot 2, which has frontage on Middle Road. Atty. Lynch stated that there is an existing entrance to the property on Middle Road, which requires approval from RIDOT because it exists on the state owned portion of Middle Road (south from Schoolhouse Lane). Lot 5 has an existing garage and Lot 1 has the applicant s existing residence. Mr. Bissonette called for public comment to which there was none. MOTION: Mr. Harding made a motion, seconded by Mr. James to make preliminary plan approval for a minor subdivision (5 lots) for Pamela Quinn, AP 51, lot 26 (697 Middle Road). All in favor. So voted. 12. Discuss Aquidneck Island Planning Commission (AIPC) and report of AIPC activities MOTION: Mr. Lopes made a motion, seconded by Mr. Harding to continue Agenda item 12 to the May 10, 2017 regular meeting. All in favor. So voted. 13. Approve Monthly Project Status Reports, Administrative Subdivisions and Plat Plan Recording Mr. Lesinski presented Monthly Project Status Reports, Administrative Subdivisions and Plat Plan Recording, April 12, MOTION: Mr. Harding made a motion, seconded by Mr. Lopes to accept the Portsmouth Planning Board Monthly Project Status Reports, Administrative Subdivisions and Plat Plan Filings, April 12, 2017 and to place it into the record. All in favor. So voted. At 9:47 p.m., a motion was duly made and seconded to adjourn the meeting. All in favor. So voted.

13 April 12, 2017 page 13 Respectfully submitted: Dede Walsh Recording Secretary for: Leon Lesinski Administrative Office