Town of Richmond, Rhode Island Town Hall, Wyoming, RI 02898 CALL TO ORDER PLANNING BOARD AGENDA August 11, 2009-7:00 PM Town Hall, 5 Richmond Townhouse Rd. Richmond, RI 02898 MINUTES July 14, 2009 CORRESPONDENCE PAYMENT OF BILLS OLD BUSINESS Schofield Estates Section III - Preliminary Plan - 10 lot Major Conservation Design subdivision with street creation, AP 3C, lot 2, R2 zone Proposed amendments to the Land Development and Subdivision Regulations Articles 1 through 15 have been reformatted. The following Articles contain significant language changes: Article 2 -Definitions Article 5 Procedure for Approval of Subdivisions and Land Development Projects Article 8 Waivers and Modifications Article 11 Administration of the Regulations and Amendments Article 13 Design and Improvement Standards new designs and language Article 15 Checklists - addition of Development Plan Review checklist NEW BUSINESS Review of consistency with the Comprehensive Plan and Recommendation to the Town Council for a Zoning Ordinance (Map) Amendment, requested by James and Bernice Clancy, 299 Switch Road, Assessor s Plat 8A, lots 10 & 11, to remove the Agricultural Overlay District - properties zoned R-3/AGR overlay. OTHER BUSINESS Wawaloam Decision from the Zoning Board of Review Schedule next meeting ADJOURNMENT A 48-hour notice is required for persons with sensory impairments requiring auxiliary aid by calling (401) 539-9000.
Town of Richmond, Rhode Island Planning Board Minutes of: August 11, 2009 Present were: Walter Prescott, Chair Nancy Hess, Vice Chair Charles More, Secretary Philip Damicis Carolyn Richard, 2 nd Alt. Not Present: John Fox Richard Millar, 1 st Alt. Also Present: Denise Stetson, Town Planner Victoria Diaz, Clerk Solicitor Karen Ellsworth CALL TO ORDER The meeting was called to order at 7:05 PM by Chair, W. Prescott. MINUTES A motion was made by C. More, seconded by C. Richard, to approve the minutes of July 14, 2009, as amended. Motion carries P. Damicis, abstained. CORRESPONDENCE Wawaloam Decision from the Zoning Board of Review The Planning Board briefly discussed the decision notice regarding the drainage-plan review. OLD BUSINESS Schofield Estates Section III - Preliminary Plan - 10 lot Major Conservation Design subdivision with street creation, AP 3C, lot 2, R2 zone A motion was made by P. Damicis, seconded by C. More, to open the public hearing. All ayes. Richard Greene, PLS, representing Coachland, Inc., reviewed the history of the application. He reviewed the Preliminary Conservation Development Plan, Schofield Estates Section III, revised February 2009. He stated that the proposal consists of 10 lots a half-acre in size. The site is approximately 23 acres. The lots would be accessed from a new road (Wisteria Lane) located off of Baker Pines Road. The road would be approximately 1,200 linear feet and 20 wide with Cape Cod berms. All drainage would be maintained on site. Each lot would maintain its own septic and well. Mr. Greene stated that approximately 65% of the property would be designated as passive-recreation Open Space. Each lot owner would legally own and maintain one-tenth [undivided interest] of the Open Space areas through a Homeowners Association. Mr. Greene stated that the applicant has received an Insignificant Alteration Permit and Subdivision Suitabilitliy approvals from the State. The Board reviewed the proposed dry hydrant detailed on page 7. The hydrant would be conveyed to the Homeowner s Association with an easement to the Hope Valley-Wyoming Fire District. There was discussion regarding the maintenance of the cistern, if the Homeowners Association owns it.
Mr. Greene stated that Japanese Maple and split-rail fencing are proposed along the right-of-way. He stated that they are working with a landscape architect regarding the street trees and entryway. He stated that the applicant would be willing to work with the abutters regarding the entranceway, if they have ideas. Frank Perry, PE, reviewed his traffic study findings. He stated that the site distance at the proposed access point is well within the standards and the proposal would not create increased traffic or congestion. Mr. Perry stated that he didn t study the intersection of Baker Pines Road and Carolina Nooseneck Road. He stated that he would have no objection to a three-way stop, but would leave that to the discretion of the Police Chief. Mr. Greene addressed comments/concerns from Bill Dowdell, PE, Dowdell Engineering, Inc., who reviewed the plans on behalf of the Town. He stated that the drainage pipes would be labeled and that Eugene Spring, PE, will update the plans regarding the storm water drainage calculations. He stated that the size of the road plan profiles was agreed upon during the Master Plan phase. For the Subdivision Suitability approval, the Department of Environmental Management had asked that the house lots maintain its own well and septic system. The plans will be updated with the latest (telephone) pole numbers. There was discussion regarding the proposed aboveground utilities and installing a paved bump-out area for parents waiting for school buses. As stated in the Police Chief s written recommendation dated August 3, 2009, there was discussion regarding the process of installing two additional stop signs at the intersection of Baker Pines Road and Carolina Nooseneck Road. C. More suggested stop-sign-ahead (signs) be installed at appropriate locations. Chairman Prescott opened the meeting for public comment. John Gley, 54 Baker Pines Road, asked if the existing telephone pole at the entrance would be removed. It would not. He was concerned about light trespass onto his property. Mr. Greene stated that landscaping would be installed as a buffer. John Smith, 58 Baker Pines Road, asked why the existing road on New London Turnpike could not be used as access to the subdivision. Mr. Greene explained that the existing dirt road is part of another parcel and is not part of this application and that there are wetlands in that area. He stated that the State has approved the proposed access point for this subdivision. Mr. Smith was concerned about the length of time that this proposal will take to complete, particularly the road. N. Hess stated that the State permit approvals have time frames, as does the Town s Subdivision Regulations. Mr. Smith feels that this proposal will decrease his property value. W. Prescott stated that the Board could not require the applicant to seek an alternate access point. Mr. Smith asked the applicant, Norbert Ansay, if he would consider moving the road. Mr. Ansay stated that he would not. Jason Almedia, 246 Carolina Noosneck Road, is concerned about the impact to wetlands from this proposal. Mr. Greene explained how the wetlands edge is flagged/mapped in order to obtain Wetland approvals from the State. Mr. Almedia asked how the Open Space would be used. Mr. Greene stated that the Open Space would be left in its natural state for passive recreation. There was discussion regarding the above ground utilities. Mr. Greene believes that the plans were approved with the above ground utilities because underground utilities were not required by regulation at the time. W. Prescott stated that the Board would like underground utilities but cannot require it. Ken Payne, 28 Baker Pines Road, asked for clarification regarding the restrictions on the Open Space areas. There was discussion regarding restriction and enforcement options for the Open Space areas. 2
Lois Hoelzel, 245 Carolina Nooseneck, is happy about the proposed three-way stop. She stated that she is disturbed by the proposed street name because it would cheapen the neighborhood. She asked if the road would be publicly or privately owned. She was concerned about additional tree cutting. Mr. Greene stated that Wisteria Lane would be a public road. He stated that there would be no additional tree cutting. There were no more public comments. A motion was made by P. Damicis, seconded by C. More, to close the public hearing. All ayes A motion was made by N. Hess, seconded by P. Damicis, to discuss the draft decision as presented by the Town Planner. All ayes. After discussion, there was a consensus to add language and/or conditions to the decision that would require that the Homeowners Association s legal documents clarify the cistern maintenance. If feasible, the applicant will install a (school bus) bump out area near the anticipated bus stop area. The applicant will contact the Police Chief or Public Works Director regarding the stop ahead signs. The decision will clarify that this proposal is exempt from the Inclusionary Zoning ordinance. A motion was made by N. Hess, seconded by C. More, to close discussion. All ayes. A motion was made by C. More, seconded by C. Richard, to approve the draft decision as amended tonight. All ayes. There was discussion regarding the purpose of the Planning Board and the public hearing process and how best to relay that information to the public. Proposed amendments to the Land Development and Subdivision Regulations Articles 1 through 15 have been reformatted. The following Articles contain significant language changes: Article 2 - Definitions Article 5 Procedure for Approval of Subdivisions and Land Development Projects Article 8 Waivers and Modifications Article 11 Administration of the Regulations and Amendments Article 13 Design and Improvement Standards new designs and language Article 15 Checklists - addition of Development Plan Review checklist A motion was made by C. More, seconded by P. Damicis, to open the public hearing. All ayes. There were no public comments. C. More moved that the proposed amendments to the Land Development and Subdivision Regulations be approved as advertised, based on the following findings: The amendments are consistent with all provisions of Title 45, Chapter 23 of the Rhode Island General Laws, the Richmond Comprehensive Plan, and the Richmond Zoning Ordinance, and the proposed amendments: (1) Provide for the orderly, thorough and expeditious review and approval of land developments and subdivisions; 3
(2) Promote high quality and appropriate design and construction of land developments and subdivisions; (3) Promote the protection of the existing natural and built environment and the mitigation of all significant negative impacts of any proposed development on the existing environment; (4) Promote design of land developments and subdivisions that are well-integrated with the surrounding neighborhoods with regard to natural and built features, and that concentrate development in areas that can best support intensive use because of natural characteristics and existing infrastructure; (5) Encourage local design and improvement standards to reflect the intent of the Comprehensive Plan with regard to the physical character of the various neighborhoods and districts of the town; (6) Promote thorough technical review of all proposed land developments and subdivisions by appropriate local officials, (7) Encourage local requirements for dedications of public land, impact mitigation, and payment-in-lieu thereof, to be based on clear documentation of needs and to be fairly applied and administered; and (8) Encourage the establishment and consistent application of procedures for local record keeping on all matters of land development and subdivision review, approval, and construction. P. Damicis seconded the motion. Motion Carries. Voting: W. Prescott aye, P. Damicis aye, C. More aye, N. Hess aye, C. Richard aye. NEW BUSINESS Review of Consistency with the Comprehensive Plan and Recommendation to the Town Council for a Zoning Ordinance (Map) Amendment, requested by James and Bernice Clancy, 299 Switch Road, Assessor s Plat 8A, lots 10 & 11, to remove the Agricultural Overlay District - properties zoned R-3/AGR overlay. D. Stetson reviewed her findings regarding this request. She stated that the notification and procedures for the proposed zone changes (to an Agricultural Overlay district) were done properly and that the issue here is the fact that the property does not have the prime agricultural soils that the ordinance intends to protect. A motion was made by C. Richard, seconded by C. More, to forward to the Town Council for its consideration the proposed amendment to the Zoning Ordinance (map) removing the Agricultural Overlay District designation on Assessor s Plat 8A, lots 10 & 11 based only on the findings and recommendation from the Town Planner that there are no prime agricultural soils on either parcel. The Planning Board finds that the adoption of the proposed Zoning Ordinance amendments would: (1) Be consistent with good planning; (2) Be consistent with the Richmond Comprehensive Community Plan, including the goals, policy statements, the implementation program, and all other applicable elements of the Comprehensive Plan; (3) Meet the requirements of Chapter 45-24-30 General Purposes of Zoning Ordinances of the General Laws of Rhode Island, as amended; and (4) Meet the requirement that all zoning ordinances or amendments thereof to be consistent with all the provisions of the "Rhode Island Zoning Enabling Act of 1991" (45-24-27 to 72, as amended). 4
The Richmond Planning Board therefore recommends to the Richmond Town Council that the proposed amendments to the Zoning Ordinance (Map) be ADOPTED by the Town Council. Voting: W. Prescott aye, N. Hess - aye, P. Damicis aye, C. More aye, C. Richard, 2 nd Alt. aye. Motion carries. OTHER BUSINESS Schedule next meeting The Board reached a consensus to forgo the next meeting in August and meet on September 8, 2009. ADJOURNMENT A motion was made by P. Damicis, seconded by C. More, to adjourn. All ayes. The meeting adjourned at 9:15 PM. Respectfully submitted, Victoria J. Diaz, Clerk Date: September 8, 2009 Approved as: amended 5