CITY OF EAST PROVIDENCE

RHODE ISLAND

JOURNAL OF REGULAR COUNCIL MEETING

March 15, 2016

Council Chambers, City Hall, 145 Taunton Avenue, East Providence, RI 02914

7:00 P.M. Executive Session

7:30 P.M. Open Session

 

I.                   EXECUTIVE SESSION

The City Council of the City of East Providence will meet in Executive Session pursuant to RI General Laws § 42-46-5 (a)(2)(5).

 

A.    New Claims

1.      Julie Fox

2.      Linda Lord

3.      Manny Periquito

 

B.     Sewer Charge Abatements

1.      Deborah DeMarco

2.      Patricia Ernst

3.      James Ferrera Realty, Inc.

4.      Robert L. Fournier Estate

5.      Sandy Furtado

6.      Carmina M. Calore Moretti

7.      David Phillips

8.      Rosalie Silva

9.      Jorge H. Sturam Family Limited Partnership

10.  Janet Wright

 

C.      Disposition of City Owned Property

1.      33 Hoppin Avenue, Map 411, Block 17, Parcel 1

80 Burnside Avenue, Map 411, Block 17, Parcel 5

 

II.                CALL TO ORDER

Mayor Rose calls the meeting to order at 7:46PM.

           

III.             SALUTE TO THE FLAG

 

IV.             TO APPROVE THE CONSENT CALENDAR

 

A.    Letters

 

1.      CRMC Semi Monthly Meeting – Full Council, Tuesday, March 8, 2016, 6:00PM, Administration Building, Conference Room A, One Capitol Hill, Providence

 

2.      Resolution Town of Foster in Support of the Formation of a Coalition among Rhode Island’s Regional School Districts

 

B.     Alcoholic Beverage Class F-1

1.      St Mary Academy Bay View, 3070 Pawtucket Avenue (02915), Manhattan At the Bay Fundraiser, April 28-30, 2016, Kirsten Harvey, 35 Grant Avenue

 

C.    Cancellation/Abatements

 

Year	Amount
2011	$92.00
2012	$393.62
2013	$20,029.92
2014	$826.75
2015	$4,235.34
Amount	$25,577.63

 

D.    Council Journals

 

1.      Regular Meeting March 1, 2016

 

A motion to approve the Consent Calendar is made by Councilman Britto, seconded by Assistant Mayor Cunha and on a roll call vote it is unanimous. 

 

V.                PUBLIC COMMENT

 

There are no Public Comments.

 

VI.             COMMUNICATIONS

 

A.    The Communication item for Mr. Ferreira was moved to just prior to the School Committee Report. 

 

Councilman Conley states that Mr. Ferreira is in another meeting in the building and asked if there was Unanimous Consent to defer this item closer to the School Committee Liaison Report which appears later on the docket.  Unanimous Consent is granted. 

 

B.     Rachel McBride, 41 Monroe Avenue (02915) requesting to address the Council regarding a no parking sign to alleviate a parking issue on Monroe Avenue in front of Riverside Grill. 

 

Councilwoman Capobianco asks if this item can be referred to Director Coutu for review and the City Manager notes it can. 

 

VII.          APPOINTMENTS

 

A.    East Providence Waterfront District Commission – Reappointment (by Councilman Britto)

Paul Moura, 31 Windmill Lane (02916)

 

A motion to approve the Appointment is made by Councilman Britto, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous. 

 

B.     Conservation Commission Reappointment (by Councilman Britto)

James Boyd, 15 Oriole Street (02916)

 

A motion to approve the Appointment is made by Assistant Mayor Cunha, seconded by Councilman Britto and on a roll call vote it is unanimous. 

 

VIII.       LICENSES NOT REQUIRIING PUBLIC HEARING

 

A.    Vict/Not Over 25

Riverside Mini Mart, Inc., 973 Willett Avenue(02915), Saed M. Mahmoud, 1298 Hartford Turnpike, Apt. 10H, North Haven, CT 06473

 

A motion to approve the License is made by Councilwoman Capobianco, seconded by Assistant Mayor Cunha and on a roll call vote it is unanimous. 

 

B.     Holiday Sales – Transfer

Transfer From Drake Petroleum Company, Inc. DBA Xtra Mini Mart to Riverside Mini Mart, Inc., 973 Willett Avenue(02915), Saed M. Mahmoud, 1298 Hartford Turnpike, Apt. 10H, North Haven, CT 06473

 

A motion to approve the License is made by Councilman Britto, seconded by Assistant Mayor Cunha and on a roll call vote it is unanimous. 

 

C.    Additional Hours – Transfer

Transfer From Drake Petroleum Company, Inc. DBA Xtra Mini Mart to Riverside Mini Mart, Inc., 973 Willett Avenue(02915), Saed M. Mahmoud, 1298 Hartford Turnpike, Apt. 10H, North Haven, CT 06473

 

A motion to approve the License is made by Assistant Mayor Cunha, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous. 

 

D.    Vict/Not Over 25

Paula’s Mini Market, LLC, 85 Burgess Avenue (02914), Alberto B. Rodrigues, 136 Juniper Street (02914)

 

A motion to approve the License is made by Councilwoman Capobianco, seconded by Assistant Mayor Cunha and on a roll call vote it is unanimous. 

 

E.     Holiday Sales

Paula’s Mini Market, LLC, 85 Burgess Avenue (02914), Alberto B. Rodrigues, 136 Juniper Street (02914)

 

A motion to approve the License is made by Councilwoman Capobianco, seconded by Assistant Mayor Cunha and on a roll call vote it is unanimous. 

 

IX.             PUBLIC HEARING

 

A.    CDBG Funding July 1,2016 – June 30, 2017

 

David Bachrach, Community Development Coordinator comes to the podium to announce the availability of block grant funds from HUD to the City.  These funds are dispersed each year and are called entitlement funding.  The grant funds are designed to help the City pay for various things within certain categories.  Each year they prioritize the needs to focus on and to help disburse the funds.  This year the City has been given $713,042.  It is the Community Development Office which initiates responses and comes up with a process to receive input from citizens, City Council, the business community and elsewhere for the best use of funds for addressing our City’s priority needs.  He will be publically requesting proposals on the City website or at the Community Development Office 435-7536.  People can suggest ideas to him or the office in general.   Agencies may respond with a proposal if they would like.  The goal is to receive as much input as possible on items which will benefit the community such as families, youth, seniors, neighborhood parks, housing, economic development such as jobs training or placement, roadways or sidewalks or public services, after day care or senior services.  He will be back before the Council on April 19th for a second Public Hearing where those requesting funds can speak to the Council.  At the end of this process a 30 day waiting and hearing period is held before the final approval for disbursements are made by the April 19th deadline.  He would like to get input from the City Council prior so that items are not changed too much on the floor.  

 

Councilman Britto asks how much the City applied for vs how much the City received.

David responds that it is based on a formula created by the federal government and is dispersed out from a large sum of money.  Once the funds are spent an evaluation report must be completed.  In the last decade the amount has been going down.  This year the amount went up.  The City can do a lot of good things with the funds.

 

Councilman Conley asks David if he can speak more about the evaluation process they use as last year concerns were brought up regarding the agencies receiving the money and delivering what they were saying they would. 

David responds that each agency is evaluated based on the requirements the federal government provides and it provides for a scoring and evaluation process with specific criteria.  This is weighted to reflect both the priories and the regulations such as will the service be benefiting everyone in East Providence or just a portion of residents.  If it’s all residents the point value is higher.  He notes they don't necessarily fund agencies based on grades but rather it tells them how well they did.  The next level involves the priorities to meet the needs of the City.   They report quarterly regarding that these services have been provided and David goes out once a year and monitors the program.

 

 

B.     AN ORDINANCE IN AMENDMENT OF CHAPTER 19 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND 1998, AS AMENDED, ENTITLED "ZONING"

 

LEGEND:

Double underline is language proposed to be added to the Zoning Ordinance.

Strikethrough is language proposed to be deleted from the Ordinance or re-numbered.

Language not marked by either the double underline or the strikethrough is existing language in the Ordinance that is proposed to remain unchanged.

 

 

SECTION I.  Section 19-1 entitled "Definitions" of Article I entitled "In General" is hereby amended as follows:

 

[NOTE:  Insert or modify the definitions below in alphabetical order]

Accessory structure means a structure located on the same lot as a principal use but separate from the principal building and devoted or intended to be devoted to an accessory use.  The accessory structure shall not be located between the public right-of-way and the principal use and said accessory structure shall be no greater than twenty-five percent (25%) of the gross floor area of the principal use.

Accessory use means a use of land or of a building, or portion thereof, customarily incidental and subordinate to the principal use of the land or building, which shall be located on the same lot as the principal use. An accessory use shall not be permitted without the principal use to which it is related. An accessory use shall be subordinate in area, extent, or purpose to the principal use served.

Automotive commercial parking garage means a structure used primarily for the storing or parking of motor vehicles. which may include gasoline filling, minor repair and limited car washing within the limits of the structure.

Bed and breakfast means a small lodging establishment that offers overnight accommodation and inclusive usually of breakfast only, typically private homes offering accommodation with fewer than 10 bedrooms available for commercial use. This is not to be considered as the allowable accessory use for a residential district regarding the rental of a room pursuant to Sec. 19–171. Accessory Uses.

 

            Black Box Theater (or experimental theater) means a simple, typically unadorned performance space, usually a large square room with black walls and a flat floor, usually home to plays or other performances with very basic technical arrangements.

 

            Build-to-line is a means to define the street frontage and pedestrian areas by mixed use and commercial buildings generally built to property lines at the edge of right-of-way (back of sidewalk) or to other accessible public area, e.g. in a “Main Street” manner.

            Building volume means the volume of a building measured from its exterior dimensions including all portions of a structure enclosed by a roof and fixed exterior walls, as measured from the exterior faces of these walls and roof, i.e., meaning building mass, the height, width, and depth of a structure.

 

            Café means a restaurant serving coffee and other beverages along with baked goods or light meals.

 

            Co-worker space means a shared working environment, often an office, but that houses independent activities, and those co-working are usually not employed by the same organization.

 

            Cultural activity means any nonprofit or for profit museum, library, art gallery, legitimate theater or other similar use, and may include outdoor art  as an accessory use, such as a curated mural, provided that said outdoor art does not serve as a sign.*

 

Digital sign means a sign that features static images that change over a period of time not to exceed once every ten (10) seconds and are used to advertise to consumers in a public place(s), including to those in private automobiles, e.g. a sign displaying gasoline prices.

 

            Façade means all the wall planes of a structure as seen from one side or view and containing the walls, fascia, windows, doors, and canopy on any building elevation. For example, the front façade of a building would include all such areas that would be shown on the site and building plans for the front elevation.

 

Gallery means a building or space for the exhibition of art, usually visual art.  Paintings are the most commonly displayed art objects. However, sculpture, decorative arts, furniture, textiles, costume, drawings, pastels, watercolors, collages, prints, artists' books, photographs, and installation art are also shown.  Gallery space is sometimes used to host other artistic activities, such as performance art, music concerts, or poetry readings.

 

            Hardship means as defined in section DIVISION. 2. BOARD OF REVIEW*, Sections 19-36 through 19–55 of this Chapter. 19-40 of this chapter. [Note, sic: Correcting Section #]

 

            Incubator means a business company that helps new and startup companies to develop by providing services such as management training or office space, including co-working space.  Business incubators differ from research and technology parks in their commitment to startup and early-stage companies.

 

            Live/work space means a building or spaces within a building used for commercial activities and areas for residential/living purposes where two-thirds or sixty-seven percent (67%) of the unit is dedicated for residential purposes. Examples of acceptable live/work space are live-work units of insurance and financial offices, artists, boutiques, small antique shops, dance studios, personal trainers, and consultants of various type.   Said business shall be of no or low impact to neighbors, and the unit shall be to be required to be occupied by the business owner.

 

            Neighborhood Center means a development consisting of a building or buildings used for mixed land use, that has a community or civic space that is open to the public, that provides linkages to nearby neighborhoods, civic and/or open space/park properties, while also providing a buffered edge between the center and abutting residentially used or zoned land.  A neighborhood center* shall provide a location for consumers to arrive and depart by public transit, such as by the provision of a bus shelter.  A neighborhood center may only be developed on lots of no less than 50,000 square feet.  The inclusion of a feature such as a gazebo, garden, art, etc. to provide consumers with an attractive amenity is encouraged.

 

Multifamily dwelling means a building intended and designed to be occupied by three four or more households living independently in separate dwelling units and/or townhouses, row houses, and/or apartments.

[Note:  This is a correction from codification.  It was previously amended to three households.]

 

SECTION II.  Section 19-41 entitled "Same—Application process" of Division 2 entitled “Board of Review” of Article II entitled "Administration" is hereby amended as follows:

 

(3)  An accurate site map  A Class 1 surveyed site plan prepared by a land surveyor registered and licensed to practice in the State of Rhode Island.  The site plan shall be drawn at a scale of one inch equals 20 feet (or as appropriate one inch equals 40 feet or one inch equals 80 feet) showing the following for the subject property:

 

[No changes to the remainder of subsection (3))

 

(4)  Elevations for all buildings sides and floor plans shall be prepared by those permitted to do so by the Rhode Island General Laws. 

 

[Note:  Re-number the existing subsection (4) to (5) and the existing subsection (5) to (6) to reflect the addition of the new subsection (4)]

 

SECTION III.  Section 19-47 entitled "Same—Application process" of Division 2 entitled “Board of Review” of Article II entitled "Administration" is hereby amended as follows:

(3)  An accurate site map A Class 1 surveyed site plan prepared by a land surveyor registered and licensed to practice in the State of Rhode Island.  The site plan shall be drawn at a scale of one inch equals 20 feet (or as appropriate one inch equals 40 feet or one inch equals 80 feet) showing the following for the subject property:

[No changes to the remainder of subsection (3)]

 

(4) Elevations for all buildings sides and floor plans shall be prepared by those permitted to do so by the Rhode Island General Laws.

 

[Note:  Re-number the existing subsection (4) to (5) and the existing subsection (5) to (6) to reflect the addition of the new subsection (4).]

SECTION IV.  Subsection (a) of Section 19-95 entitled "Districts Designated" of Division 3 entitled “Permits” of Article III entitled "District Regulations" is hereby amended to read as follows:

(a)      Districts generally.  For the purposes of this chapter, the city is divided into districts as shown on the zoning map entitled "Zoning Map of the City of East Providence," dated the effective date of this chapter, filed with the city clerk and hereby declared to be a part of this chapter.  The districts, their abbreviations and common names are designated as follows:

 

Abbreviation	District
R-1	Residential 1 One-family.
R-2	Residential 2 One-family.
R-3	Residential 3 One-family.
R-4	Residential 4 One-family and two-family.
R-5	Residential 5 One, two and Multifamily.
R-6	Residential 6 One-family and two-family
O-1	Open Space 1 Open space.
C-1	Commercial 1 Office business and multi-family
C-2	Commercial 2 Neighborhood business and multi-family
MS/NC (see Sec. 19-322)	Main Street and Neighborhood Center Overlay
C-3	Commercial 3 General retail business.
C-4	Commercial 4 Highway business.
C-5	Commercial 5 Heavy business.
I-1	Industrial 1 Limited manufacturing.
I-2	Industrial 2 General manufacturing.
I-3	Industrial 3 Heavy manufacturing.
BT	Business/Technology (floating, district).
RSD	Riverside Square Mixed Use/Downtown (Overlay)

 

[Note:  At end of the existing subsections, add a new subsection (f)]

 

(f)  Main Street and Neighborhood Center Overlay.  The Main Street and Neighborhood Center Overlay District as included in Section 19-322 of Chapter 19, Zoning is supplemental to any C-1, C-2, C-3, and TA (Taunton Avenue Waterfront) uses allowed by right or special use permit in Section 19–98, Schedule of Use Regulations of Chapter 19, Zoning, or generally by Chapter 19, Zoning, and as shown on the Zoning Overlay Map for the District. For all the existing uses on parcels within this district, the uses may continue and any new development or redevelopment may occur as is currently allowed within the zoning district in which a parcel(s) is located or under the provisions of Sec. 19–322 Main Street and Neighborhood Center Overlay District.

 

SECTION V.  Section 19-98 entitled "Schedule of use regulations" of Article III entitled "District Regulations" is hereby amended as follows:

 

(Rest of the page intentionally left blank)

Sec. 19-98. Schedule of use regulations.

The changes noted below are NEW ADDITIONS to the existing Sec. 19–98 Schedule of Uses to be added in the major land use category in which they will appear in Sec. 19-98.   A new “Arts & Entertainment” Land Use Section is proposed.

[Note: The changes are noted as below with the same legend as on Page 1., e.g. strikeout is to be deleted, double underline to be added]

An asterisk* means that the term is either currently defined in Sec. 19-1 Definitions or proposed to be added as a definition.]

[“A” in the table means permitted as an accessory use subordinate to the principal use.]

 

Zoning District

USE

R-1

R-2

R-3

R-4

R-5

R-6

OS-1

C-1

C-2

C-3

C-4

C-5

I-1

I-2

I-3

BT

RESIDENTIAL & RELATED USES

Bed and Breakfast*

S

S

S

S

S

S

N

y

y

N

N

N

N

N

N

N

Live/Work Space*

Y

Y

Y

Y

Y

Y

Y

Y

Y

Y

S

S

y

y

Y

y

PUBLIC AND SEMI-PUBLIC

Cultural activity*

N

N

Y  N

Y  N

Y

Y

Y

Y

Y

Y

Y

Y

N

N

N

N

Hospital*

N

N

N

N

Y N

Y  N

Y

Y  N

N

Y

N

N

N Y

N

N

N

RETAIL BUSINESS

Café*

N

N

N

N

N

N

A

Y

Y

Y

N

N

A

A

A

Y

Cigar Shop

N

N

N

N

N

N

N

N

Y

Y

Y

N

S

N

N

Y

Microbrewery/distillery

N

N

N

N

N

N

N

N

Y

Y

N

Y

Y

Y

Y

Y

SERVICE BUSINESS

Check Cashing Business

N

N

N

N

N

N

N

N

N

Y

Y

Y

Y

Y

Y

Y

Personal convenience service*

N

N

N

N

N

N

N

N  Y

Y

Y

Y

Y

N

N

N

N

Massage therapy establishment*

N

N

N

N

N

N

N

N

S Y

S Y

S Y

N

N

N

N

N

Dry Cleaning or Laundering Plant

N

N

N

N

N

N

N

N

N

N Y

N

Y

N Y

Y

Y

N

 

Zoning District

USE (Service Business Continued)

R-1

R-2

R_3

R_4

R-5

R-6

OS-1

C-1

C-2

C-3

C-4

C-5

I-1

I-2

I-3

BT

Dry Cleaning Drop-Off and Pick-Up Location with Dry Cleaning/Laundering Done on Premises (with cleaning equipment and storage area limited to no more than 50 percent of the total square footage of the building.

N

N

N

N

N

N

N

S

S

Y

Y

Y

Y

Y

Y

Y

Dry Cleaning Drop-Off and Pick-Up Location (with no cleaning done on premises)

N

N

N

N

N

N

N

Y

Y

Y

Y

Y

Y

Y

Y

Y

SPECIAL USES

Drive-through* associated with a permitted use on a parcel of at least 10,000 20,000 square feet and as regulated by sections 19-347 through 19-353   [sic]  Article VIII.

N

N

N

N

N

N

N

Y

Y

Y

Y

Y

Y

Y

Y

N

Tattoo Parlor

N

N

N

N

N

N

N

N

S

Y

Y

Y

Y

Y

Y

Y

COMMERCIAL RECREATION

Boat, kayak, canoe rental

N

N

N

N

N

N

S

N

Y

Y

Y

Y

Y

Y

Y

Y

Fencing

N

N

N

N

N

N

N

N

Y

Y

Y

N

S

S

S

N

Indoor Recreation/Athletic Facility

N

N

N

N

N

N

N

N

Y

Y

Y

N

S

S

S

N

Indoor Soccer

N

N

N

N

N

N

N

N

Y

Y

Y

N

N

N

N

N

Swimming or tennis facility1.

N

N

N

N

N

N

S   Y

N

N

Y

Y

Y

N Y

N

S

N Y

Yoga or Pilates Studio (not full gym)

N

N

N

N

N

N

Y

Y

Y

Y

Y

Y

Y

Y

Y

Y

 

ART & ENTERNTAINMENT

R-1

R-2

R-3

R-4

R-5

R-6

OS-1

C-1

C-2

C-3

C-4

C--5

I-1

I-2

I-3

BT

Black Box Theatre*

N

N

N

N

N

N

N

Y

Y

Y

N

Y

S

S

S

N

Design Studio

N

N

N

N

N

N

N

Y

Y

Y

N

Y

S

S

S

N

Film Studio

Gallery*

N

N

N

N

N

N

Y

Y

Y

Y

Y

Y

Y

Y

Y

Y

Photography Studio

N

N

N

N

N

N

N

Y

Y

Y

Y

Y

Y

Y

Y

Y

Recording Studio

N

N

N

N

N

N

N

N

N

Y

Y

Y

Y

Y

Y

Y

Live Theatre

N

N

N

N

N

N

N

N

N

Y

Y

Y

Y

Y

Y

Y

INDUSTRIAL

Open storage* as regulated by section 19-175(a) and subject to Article VIII.

N

N

N

N

N

N

N

N

N

N

N

N S

N S

S

S

N

 

1.      [Note:  The codification company left the swimming and tennis land use line blank.  This adds the uses back into Chapter 19 and proposes two changes to the uses as currently regulated.]

SECTION VI.  Subsections (1) and (2) of Section 19-135 entitled "Use of required yards” of Division 2 entitled “Lot, Area, Setback and Yard Regulations” of Article IV entitled "Supplementary District Regulations" are hereby amended to read as follows:

Yard regulations shall apply to that open area on the same lot with a principal building or structure and accessory structure located between the lot lines and the minimum setback lines which shall be unobstructed by buildings or structures from the ground to the sky, except as hereinafter provided.

(1)  In any district, the front yard as established in section 19-145 and hereinafter provided shall be unoccupied and unobstructed by buildings or structures other than signs, poles, ornamental and similar structures and shall not be used to fulfill the off-street parking, loading or unloading requirements of this chapter or for outdoor storage or display, except that a driveway and walkways may be located in any required front yard. One parking space per dwelling unit may be located in the required front yard, subject to the review and approval of the zoning officer.  Parking in the front yard setback shall not exceed one-third of the overall lot width for one and two-family dwellings only.  For residential structures only, a handicapped access ramp may be located within the required front yard. No fence or similar screen of solid appearance in a residential district shall exceed four feet in height where located in the required front yard or along property boundaries contiguous to the required front yard.

(2)  In any district, the side and rear yards as established by the minimum required setback in section 19-145 and hereinafter provided shall be unoccupied and unobstructed by buildings or structures except as hereinafter provided. For residential structures only, a handicapped access ramp may be located within the required side and rear yard setback. (See section 19-144 for regulations pertaining to accessory uses and structures.

SECTION VII.  Subsection (a) of Section 19-144 entitled "Accessory buildings and structures” of Division 2 entitled “Lot, Area, Setback and Yard Regulations” of Article IV entitled "Supplementary District Regulations" is hereby amended to read as follows:

(a)       All residentially used or zoned lots shall contain no more than one accessory shed and one accessory garage. No accessory building or structure shall be located nearer than five feet from a principal building unless such accessory building or structure is attached to the principal building.

 

SECTION VIII.  Subsection (b) of Section 19-261 entitled "Trash storage areas” of Division 10 entitled “Trash Storage Areas” of Article IV entitled "Supplementary District Regulations" is hereby amended by adding thereto the following:

 

(6)  Trash storage areas shall not be located between the public-right-of-way, or public rights-of-way in the case of a corner lot or parcels with more than one public street frontage, and the principal use which it serves.

 

SECTION IX.  Subsection (b) of Section 19-281 entitled "Methods of determining off-street parking requirements” of Division 11 entitled “Off-Street Parking Regulations” of Article IV entitled "Supplementary District Regulations" is hereby amended to read as follows:

 

(b)  A garage or carport may be used to meet the requirements of this section. A driveway may only be used to meet the requirements of this section where it serves a one-family or two-family dwelling. Parking spaces may be stacked or in tandem, for no more than two cars deep, one and two-family dwellings only. One parking space per dwelling unit may be located in the required front yard, subject to the review and approval of the zoning officer, for one or two-family dwellings only. Parking in the front yard setback shall not exceed one-third of the overall lot width.

SECTION X.  Subsection (a) of Section 19-282 entitled "Parking space design requirements” of Division 11 entitled “Off-Street Parking Regulations” of Article IV entitled "Supplementary District Regulations" is hereby amended to read as follows:

(a)  Minimum size. Each parking space shall contain an area of not less than 180 162 square feet for the parking of one vehicle, exclusive of necessary drives or aisles. In allocating space for off-street parking, each parking space shall measure either no less than nine feet by 20 feet or ten feet by 18 feet. Minimum aisle widths shall be as follows:

[No changes to the remainder of this section.]

SECTION XI.  Subsection (a) of Section 19-284 entitled "Off-street parking spaces required” of Division 11 entitled “Off-Street Parking Regulations” of Article IV entitled "Supplementary District Regulations" is hereby amended as follows:

(a)  In calculating the total number of required spaces, all numbers should be rounded off to the nearest whole number.  As required in Sec. 19–283, for the purpose of creating parking spaces into a required parking area, plans for parking areas containing five vehicles or more shall be submitted to the zoning officer to show how the required parking spaces shall be arranged in the lot area supplied for such purposes and to indicate sufficient space for parking maneuvers as well as adequate ingress and egress to the parking area.  The following numbers or amounts of off-street parking space or area shall be required for the listed uses in this section according to the following schedule:

(b)  For the calculation of off-street parking space for proposed development or re-development under the provisions of the Main Street and Neighborhood Center Overlay District, refer to Sec. 19–322 (d).

[Note:  Re-letter the existing subsections to reflect the addition of the new subsection (b)]

[Note:  Modify these uses in Sec. 19–284 by adding subsection (b) as noted below and keep the table in numerical order.]

(19) (a) Hotels, motels, lodging houses, boarding houses and tourist homes (b) Bed and Breakfast

(a) One space for each guest sleeping room or suite, plus one space for each employee. Total parking space for each accessory use on the premises shall be added cumulatively to the above requirements (b)  One per guest room, plus one for the owner/occupant of the premises.

SECTION XII.  Article IV entitled "Supplementary District Regulations" is hereby amended by adding thereto the following:

DIVISION 15.  MIXED USE HUB OVERLAY DISTRICT

Sec. 19-322.  “Main Street and Neighborhood Center” Overlay District

(a)  Application.  The Main Street and Neighborhood Center Overlay includes all those parcels directly fronting on the northerly and southerly sides of Taunton Avenue from the westerly side of its intersection with Walnut Street and going easterly on the southerly side of Taunton Avenue to its intersection with Cora Avenue, and on the northerly side of Taunton Avenue to its intersection with Irving Avenue, as shown on the East Providence Zoning Map, and as defined in R.I.G.L. 45 – 24 (Overlay Districts).  All properties located within the Main Street and Neighborhood Center Overlay District may choose either to develop or redevelop subject to the provisions of Division 15. Section 19 – 322 or may choose to develop or redevelop under the current underlying zoning of the property (C-1, C-2, C-3, and TA).

(b)  Intent.

 

1.         It is the intent of the Sec. 19-332 to encourage new opportunities for mixed land use(s) in “Main Street” and/or Neighborhood Center configurations.  The Main Street designation is land that has, or is planned to have commercial and/or mixed use development with a storefront character using a typical Main Street build-to-line* with buildings at the sidewalk and front (Taunton Avenue) property line.  Main Street uses primarily provide convenience retail sales and services to the surrounding residential neighborhood, and gives priority to the access and convenience of pedestrians.  Building types are small commercial structures, multi-story mixed use and some residential structures.  Non-residential uses typically occupy the street front.  These uses may include, but are not limited to, a combination of commercial use(s), offices, retail, residential, personal convenience service businesses, cultural activity* and public and civic uses.  Land uses may be mixed by floor (vertically within a building) or horizontally on a parcel of land.  Pedestrian linkages from mixed commercial/residential, retail, personal service and recreational land uses to existing areas of neighborhood residential land use shall be encouraged.  The scale of mixed use may range from a single stand-alone retail use with office or residential use on the upper stories, to a larger scale development, such as a neighborhood center*, that integrates commercial, retail, offices, housing, and public spaces.

 

2.   Neighborhood center* may only be developed on a lot consisting of not less than a minimum of 50,000 square feet. A neighborhood center* means a development consisting of a building or buildings used for mixed land use, that has a community or civic space that is open to the public.   A neighborhood center development shall include a location for a public transit stop, provide pedestrian linkages to surrounding neighborhoods, while also providing a buffered edge between the center and abutting residentially used or zoned land.  A Neighborhood Center*should be adjacent to a residential district(s) they are intended to serve. A Neighborhood Center should be oriented to streets with pedestrian amenities.  The mixed land use in a neighborhood center* may include multi-family dwelling* provided that the commercial, retail, office, and/or personal convenience use(s) comprises more than fifty percent (50%) of the gross leasable area of the total building(s) area either of an existing or proposed building(s) on the parcel.   Neighborhood centers* and mixed uses are destinations for people and draw the public to a space.  A public feature such as a gazebo, garden, art, etc. that provides consumers with an attractive amenity is encouraged.  [Note: See photographic example attached.]

 

3.         Development proposals shall comply with all applicable sections of Chapter 19, Zoning, and shall be consistent with all City rules, standards, regulations and ordinances (including adopted Plans).   For all the parcels within this district, development may alternatively occur as is currently allowed within the zoning district in which parcel(s) is located and not under the provisions of Sec. 19 – 322 Main Street and Neighborhood Center Overlay District.

 

(c)  Uses.

[Note: The asterisk * means that the term  is defined in Section 19-1 “Definitions” of Chapter 19, Zoning, or is proposed to be included in Sec. 19-1 Definitions.]

 

1.    Mixed use is permitted subject to the following:  Any use permitted by right in either an a C-1, a C-2, C-3 and/or TA zoning district, as well as any other accessory or special uses as may be permitted generally by Chapter 19, Zoning, and under Section 19-98  Schedule of Use regulations and Sec. 19-171 Accessory Uses, shall be allowed, except that the following shall be prohibited uses:

 

Self-storage, mini-storage; auto body, or soldering or welding shop; limited manufacturing*; Motel*, and retail uses with across the board maximum pricing or “everything under” pricing and surplus goods.

 

2. In addition to those uses permitted under Sec. 19-98, Chapter 19, Zoning in the underlying zoning districts [NOTE: NEW uses have been added to the use schedule that apply City-wide.] other uses are permitted, and may include, but are not limited to, the following:

 

a.   Mixed Use

b.   Incubator*;

c.   Photography Studio;

d.   Black Box Theatre*;

e.   Café*;

f.    Cultural Activity*,

g.   Gallery*,,

h.   Co-Worker Space*;

i.    Museum* (art, history, fashion, etc.), small design showroom*, e.g. lighting, interior design, handcrafted furniture;

j.    Film studio;

k.   Recording studio;

l.    Design studio;

m.  Yoga or Pilates studio (not a commercial full-service gym);

n.   Live/work space*;

o.   Small fabricating shops not to include industrial trade schools, and further provided that the activity does not include a use that is prohibited in the C-4, C-5, I-1, I-2 and/or I-3 zoning districts;

p.   Cigar shop

q.   Tattoo parlors

r.    Previously owned goods and merchandise including antiques, collectibles, coins, consignment and stamps, excluding pawn shops.

s.   Transit shelters, drop off-points, bicycle rack(s) and/or corrals, and informational or retail kiosks. Layover locations for buses shall be prohibited;

t.    Public structure or public use including, but not limited to, public and private park, community or civic space, museum, gallery, or community center;

u.   Bicycle paths and/or road bike lanes and pedestrian paths, bicycle racks or corrals;

 

3.     Multi-family dwelling* in Mixed Use Development “Main Street” parcels.

 

a.)   Multi-family dwelling* in “Main Street” configuration.   Multi-family dwelling* is permitted (in the areas of the Overlay District with the underlying zoning districts of C-1 and C-2) and when mixed with a commercial, retail, and/or office use in a Main Street configuration at a density that is proportional to the ability to provide fifty percent (50%) of the total off-street parking spaces required if the uses were calculated separately based upon Sec. 19 – 284 Off-Street Parking.  (See Sec. 19 – 322.)

 

b.)   Multi-family dwelling* in a Neighborhood Center*.  Multi-family dwelling* use may be included in a Neighborhood Center* provided that the other commercial, retail, office, and/or personal convenience use comprises more than fifty percent (50%) of the gross leasable area of the total building(s) area either of an existing or proposed building(s) on a parcel.

 

c.)   A Neighborhood Center* shall be permitted on lots of not less than 50,000 square feet and such a development shall consist of a building or buildings used for mixed land use. The mixed land use in a neighborhood center* may include multi-family dwelling* provided that the other commercial, retail, office, and/or personal convenience uses comprises more than fifty percent (50%) of the gross leasable area of the total building(s) area either of an existing or proposed building(s) on the parcel.   The neighborhood center* provides a location for a public transit stop, linkages to surrounding neighborhoods and properties, while also providing a buffered edge between the center and abutting residentially used or zoned land.  Neighborhood Centers* are destinations for people.  The mixed use draws the public to the space and a public feature such as a gazebo, garden, art, etc. provides consumers with an attractive amenity.

 

d.)   Other uses shall be permitted in the Main Street and Neighborhood Center Overlay District when provided as an integral part of the overall development and such use(s) are consistent with the stated purposes of Chapter 19, Zoning, and which are intended to serve the commercial and residential users of a mixed use development.  Oher uses shall be suitable to the proposed development, consistent with the Comprehensive Plan, and compatible with the surrounding land uses.  Said determination shall be made by the Zoning Officer in consultation with the Director of Planning.

 

(d)  Off-street parking and off-street loading.

1.    For those properties proposing development in the Main Street Overlay, and not “Neighborhood Center” scale development, off-street parking shall be provided at no less than fifty percent (50%) of the total off-street parking spaces required if the uses were calculated separately based upon Sec. 19 – 284, Off-Street Parking, provided that the proposal meets the intent of the Overlay District of Sec. 19 – 322 (b).   Additionally, required employee parking that is stacked or in tandem shall be permitted and counted towards the total number of off-street parking spaces required provided there is a written agreement among the individual tenants of a building provided to the Zoning Officer.  The Zoning Officer shall have the authority to monitor such an arrangement and require modified parking or a petition to the Zoning Board of Review regarding the off-street parking if it is apparent that the stacked employee parking arrangement is unfeasible and/or there are unforeseeable impact to adjoining streets with overflow parking, particularly local residential streets.

 

2.     A Neighborhood Center development shall provide off-street parking as required by Sec. 19 – 284. However, this amount may be reduced by ten percent (10%) provided that the applicant/owner shall submit a valet parking plan, including certification that a valet is on-duty during business hours, and documenting authorized use of a satellite parking area to the Zoning Officer such that a modification may be granted.  An applicant or developer of a neighborhood center* may further reduce parking subject to the provisions of Sec. 19 – 279 “Joint use and shared use”, where the applicant and /or owner are able to provide a shared parking study and plan to the Zoning Officer, and provided that the procedures of Sec. 19 – 279 regarding joint and shared and parking shall be followed.

 

3.    Bonus Height structured parking incentive.  An additional one (12 foot) building story shall be permitted for every story of structured parking provided in a building, with the overall height not to exceed five (5) stories or 60 feet.

 

(e)  Purposes.  Consistent with the City of East Providence Comprehensive Plan, the purposes of the Main Street and Neighborhood Center Overlay District are to:

 

1.  Promote flexibility in the siting and design of new development to allow a mixture of complimentary land uses on a parcel(s) that may include, but is not limited to,  commercial, housing, retail, offices, and personal convenience services to create economic and social vitality that otherwise might not be possible under conventional zoning regulations that separate land uses;

 

2.  To provide a desirable mix of land uses, including commercial and residential, that will serve the community interest in job creation, housing, and economic development, including uses related to the arts and culture.

 

3.  Encourage efficient use of land by facilitating centers and minimizing the amount of land that is needed for surface parking;

 

4.  Encourage quality development that facilitates utilization of public transportation, where applicable;

 

5.  Provide opportunities to businesses within the district for coordinated mixed use development, pedestrian and bicycle connections, and innovative site design.

 

6. Provide safe, comfortable and attractive pedestrian connections from existing areas such as residential and open space to currently predominantly commercial roadways and to public transportation, and to new areas of land use and new neighborhood centers*;

 

7.  Reinforce public rights-of-way, shoulder sides of roadways and sidewalks, as public places that encourage pedestrian and bicycle travel;

 

8.  Enhance linkages and pedestrian connections to residential areas, schools, and recreational space in the vicinity of the overlay district for the convenience of the public.

 

9. Encourage the use of sidewalks for outdoor cafes, sitting, and shop displays where possible, and when new development or redevelopment is proposed, look for opportunities to widen the sidewalk/pedestrian area in front of the building (s) for outdoor café seating, sitting, restaurant and shop displays, and trees for shade.

 

 

(f.)  General standards.   All applicants whose proposals require permits from other agencies, e.g. a State agency such as the Department of Transportation, shall obtain any and all such applicable permits, including City building permits and licenses.   As with all other proposed development reviewed under this Chapter, the proposal shall meet the General Purposes of Section 19 – 2, Chapter 19, Zoning, and the following:

 

1.    The design of the proposed development will be consistent with the goals of the city comprehensive plan, and will implement the purposes of the Main Street and Neighborhood Center Overlay District.

 

2.    Erosion will be adequately controlled during and after construction and will not adversely affect adjacent or neighboring property or public facilities and services; provisions have been made for storm water and drainage facilities, and that increased runoff due to development on the site will not be injurious to any nearby property owners or cause hazardous conditions on any streets;

 

3.    The movement of vehicular and pedestrian traffic within the site and in relation to access streets will be safe and convenient and adequate provision has been made for snow removal;

 

4.    (e)  All utilities, infrastructure, streets, roadways, sidewalks, walkways and parking are improvements will be provided for the development in a manner meeting the applicable requirements and standards of the city.  Construction standards for utilities and improvements serving the public shall meet City standards.

 

5.    The location, arrangement, appearance, and sufficiency of off-street parking and loading comply in all respects with Chapter 19, Zoning and/or the provisions of Sec. 19 – 322 (d) as applicable, and are adequate to serve the proposed development.

 

6.    The proposed development and all uses and structures therein, shall comply in all respects with Chapter 19, Zoning.  Nothing in this article shall prevent an applicant from seeking a variance from the Zoning Board of Review.

 

DIVISION 15. INDUSTRIAL PROCESSES*

{Note: Insertion of the Mixed Use Hub Overlay District necessitates the re-numbering of this Division to 16.]

DIVISION 16. INDUSTRIAL PROCESSES*

DIVISION 16.  WIRELESS TELEPHONE COMMUNICATION TOWERS AND ANTENNAS*

[Note: Insertion of the Mixed Use Hub Overlay District necessitates the re-numbering of this Division to 17.]

DIVISION 17.  WIRELESS TELEPHONE COMMUNICATION TOWERS AND ANTENNAS*

DIVISION 17.  CHILD CARE CENTERS*

[Note: Insertion of the Mixed Use Hub Overlay District necessitates the re-numbering of this Division to 18.]

DIVISION 18.  CHILD CARE CENTERS*

DIVISION 18.  RIVERSIDE SQUARE MIXED USE/DOWNTOWN OVERLAY

[Note: Insertion of the Mixed Use Hub Overlay District necessitates the re-numbering of this Division to 19.]

DIVISION 19.  RIVERSIDE SQUARE MIXED USE/DOWNTOWN OVERLAY

SECTION XIII.  Subsection (a) (3) of Section 19-362 entitled “Uses and activities requiring land development project approval” of Article V entitled "Land Development Projects" is hereby amended to read as follows:

(a)  The following uses or activities may be established only through the land development project process:

(1)  The construction of any multi-family dwelling or use of 20 units or greater.

(2)  Any development or construction, whether residential, commercial or industrial, requiring 50 or more parking spaces, where otherwise permitted in the underlying district as required in article IV, division 11 of this chapter, regarding off-street parking regulations, including the proposed reserve parking area for business/technology development as defined in section 19-1.

(3)  A mixed use residential/commercial development in the mixed use floating zone district and/or a development meeting the criteria for any other land use or activity that may be established only through the land development project process.

[Note: No change to the remainder of this section.]

SECTION XIV.  Subsection (b) of Section 19-440 entitled “Prohibited Signs” of Article VII entitled "Signs" is hereby amended to read as follows:

(b)  Electronic message center signs. This type of sign includes, but is not limited to, electronic message boards; television screens; plasma screens; digital screens; flat screens; light emitting diode screens; video boards and screens; and holographic displays. This is not intended to prohibit the use of light bulbs, neon tubes, or other such light sources of internal or external illumination, as permitted by this article.  This shall not include a digital sign(s) as defined in Section 19–442 (c).

SECTION XV.  Section 19-442 entitled “Sign Definitions” of Article VII entitled "Signs" is hereby amended by adding thereto the following new definition:

(c)  Digital sign.  This type of sign is a component of either a freestanding, pylon or monument sign that features static images that may change over a period of time not to exceed one message change per ten seconds and are used to advertise to consumers in a public place(s), including in private automobiles, e.g., a sign displaying gasoline prices or time and temperature.

 

[Note: Re-letter the remainder of this section.]

SECTION XVI.  Table 2 of Section 19-443 entitled “Permitting, signage allowed, and supplemental sign regulations” of Article VII entitled "Signs" is hereby amended as follows:

[Note: the only change to Table 2 is to include digital signage and the amount permitted per each side of a sign face]

 

TABLE 2

General business, highway business, and heavy business (C-3, C-4, C-5): The maximum area of all signs on any premises shall not exceed two square feet per one foot of building frontage. Window signs shall not be included in this calculation. Such signs may be externally or internally illuminated. The maximum area of any individual sign shall be limited as follows:

Sign Type	Area (Maximum)	Height (Feet)	Setback (Feet)	Projection Over Public Right-of-Way (Feet)
Canopy	2 s.f. per 1 foot of building frontage	—	—	—(2)
Freestanding (1)	100 s.f. per side, not to exceed 200 s.f. Digital cannot exceed fifty percent (50%) of the overall sign face per side	25	5	—
Projecting	20 s.f.	5		1(3)
Roof	Not permitted	—	—	—
Wall	200 s.f.	—	—	—
Window	25% of building's window area	—	—	—

[Footnotes repeated here for informational purposes for these amendments.]

(1)    Only one freestanding sign is permitted per street frontage. A monument sign may be used in place of a freestanding sign.

(2)    An awning covering a window or door may extend no more than two feet over a sidewalk or an area of pedestrian activity.

(3)    A projected sign shall not extend from the exterior of a building, ceiling or wall more than five feet from over any publicly traveled way other than a sidewalk.

SECTION XVII.  Subsections (c) (2) a. and (c) (2) g. of Section 19-454 entitled “Development and landscaping design standards” of Article VIII entitled "Development Plan Review" are hereby amended as follows:

[Note: Change is to correct a typographical error in (c) (2) (a)]

(2)  Site protection and general planting requirements.

a.  Topsoil preservation. Topsoil moved during the course of construction shall be retained and redistributed within the site in accordance with the approved landscape plan. To the maximum extent practicable, the developer shall minimize the areas of the site to be regarded re-graded or disturbed. All disturbed areas of the development site shall be immediately stabilized by seeding or planting landscaping materials.

[Note: Change is to correct a typographical error in (c) (2) (g)]

g.   Plant species. The plant species selected should be hardly hardy for the particular climatic zone in which the development is located and appropriate in terms of function and size. The applicant is encouraged to select plant species which have minimal requirements for watering and fertilization. In selection of plant species reference shall be made to the plant types recommended in the land development and subdivision review regulations or of a variety approved by the superintendent of parks.

SECTION XVIII.  Subsection (c) (7) of Section 19-455 entitled “Drainage/erosion standards” of Article VIII entitled "Development Plan Review" is hereby amended to read as follows:

(c)  Drainage standards.

(7)  The city prefers that use of underground systems for drainage retention or detention purposes because of safety and maintenance considerations.  Drainage retention and treatment as required by the State of Rhode Island Best Management Practices and further required by the Revised Ordinances of the City of East Providence shall be required and subject to the approval of the Department of Public Works and City Engineer, and may include above-ground or below ground storm water management, and/or a combination of both.   Aboveground drainage retention or detention systems shall be permitted where the applicant demonstrates, to the satisfaction of the DPR committee that special site and drainage conditions so warrant, and provided the standards and conditions of the DPR committee regarding such aboveground drainage retention or detention systems are fully met. Such retention or detention systems shall be appropriately landscaped or buffered and maintenance shall be the perpetual responsibility of the property owner.  Below-ground storm water structures shall also be the perpetual responsibility of the property owner.

SECTION XIX.  Subsection (a) of Section 19-457 entitled “Final action” of Article VIII entitled "Development Plan Review" is hereby amended to read as follows:

(a)                Generally.  The DPR Committee shall take final action within 30 days of issuance of a certificate of completeness.  Such final action shall be one of the following:

 

(1)   A written statement of approval that the DPR Committee has determined that the applicant has demonstrated or proved to the satisfaction of the DPR Committee that each of the standards of development plan review have been met, and that any other applicable requirements and standards of the City have been met;

 

(a)  Modifications:  An applicant may request modification(s) from the following minimum requirements of Chapter 19, Zoning and DPR:  the dimensional requirements of Section 19–145, off-street loading, trash storage areas, open storage, and off-street parking (up to a 25 percent reduction permitted if findings can be met and parking provided is shown to be adequate for the proposed use(s)).  Approval of a requested reduction in off-street parking shall be shown in a parking study provided the DPR Committee by the applicant.

 

Such waiver shall be reviewed by the Zoning Officer in conjunction with the other members of the DPR Committee.  Findings for granting a requested waiver or waivers shall be made in writing by the Zoning Officer with the concurrence of the DPR Committee and shall positive findings shall in accordance with the following:

(1)   The modification(s) requested is reasonably necessary for the full enjoyment of the permitted use;

(2)   If the modification is granted, neighboring property will neither be substantially injured nor its appropriate use substantially impaired;

(3)   The modification(s) requested is in full harmony with the purposes and intent of the comprehensive plan and zoning ordinance; and

(4)   The modification does not require a variance of a flood plain requirement.

[Note:  (2) and (3) remain unchanged.]

SECTION XX.  Subsection (c) of Section 19-458 entitled “Application requirements” of Article VIII entitled "Development Plan Review" is amended by adding thereto the following:

 

(27)  A written waiver or modification request shall be made by the applicant along with all other requirements for application submission.  This request shall be in letter form and shall be signed by the property owner and applicant (if different) and dated.  The request shall state each requested waiver or modification and its extent of deviation from the standard(s).  The request shall also state how each of the requested modifications meets the purpose of Section 19–448 (DPR), and meets the General Purposes of Zoning, Sec. 19–1.

 

SECTION XXI.  Section 19-482 entitled “Performance Standards” of Article IX. entitled "Waterfront Special Development Districts” is amended by adding thereto the following (and alphabetizing and numbering table sections and sub-sections):

 

Flexible and creative lot layout and site design is encouraged to promote a mix of residential, commercial, office and public uses in a vibrant pedestrian oriented environment. The following performance standards delineate provisions for site development for uses permitted in the various sub-districts in the waterfront district.

The intent of the performance standards is to control the location of buildings to define and contain the street space, and to concentrate and reinforce pedestrian activity. Buildings in the waterfront district should reinforce the characteristics consistent with urban waterfront areas, with "build to" lines maintained for most of their frontage at the edge of the public right-of-way.

 

(A) Land Use	(B) Land Allocation	(C) Lots and Buildings	(D) Streets and Ways	(E) Off-Street Parking
1. General: Land within the waterfront district shall be available for uses as provided below.	1. Similar land uses should front each other. 2. Dissimilar land use categories may abut along rear lot lines or across streets.	1. All lots shall front on a street or public open space. 2. All buildings except outbuildings shall have their main entrance opening on a street or public open space. 3. Attics and raised basements/covered parking shall not count against story height limitations. 4. Stoops, open porches and outdoor seating areas may encroach into the front setback.	1. All lots/tracts shall have access to a public street or way. 2. Rear alleys are encouraged and when utilized shall be a minimum width of 24 feet. 3. No block shall have a length greater than 400 feet unless an alley or other means of public access is provided for through access. 4. Street lamps shall be provided at intervals of no more than 100 feet. 5. Street trees shall be provided at a maximum of 60 feet on center.	1. On street parking adjacent to a lot shall count toward meeting parking requirements for the lot's uses. 2. Parking lots shall generally be located at the rear of the buildings to the maximum extent practicable, and shall be screened from public ways. 3. Parking lots/decks shall not terminate public street vistas to the waterfront.

 

(A) Land Use	(B) Land Allocation	(C) Lots and Buildings	(D) Streets and Ways	(E) Off-Street Parking
2.  Public land use includes land designated for parks, squares, streets and ways, and public open space. Civic uses may be located within public use lots.	1.  A minimum of five percent of residential tracts (gross area) shall be designated public open space. 2.  Parks, squares and waterfront open space shall have at least 50 percent of their perimeter abutting a public right of way. 3.  Waterfront properties must maintain a minimum of a 50-foot setback for contiguous waterfront access. 4.  Such allocation will count toward the provisions for designated open space.	1.  Balconies may encroach up to four feet into public ways and open space, and shall be protected by easements.		1. Shared parking is encouraged for public uses. Parking lots for public use shall be landscaped, but may be unpaved where determined appropriate.
3.  Civic land use contains community buildings including libraries, post offices, schools, museums, religious buildings, performing arts, municipal and cultural buildings and others by conditional use provision approval.	1.  Civic lots should be located on public parks, squares or on lots terminating at a street vista.	1.  There shall be no height restriction for buildings designated for civic use.		1. Shared parking shall be utilized for civic uses where feasible. 2. Generally, parking shall be located at the rear of the building and screened from public ways.
(A) Land Use	(B) Land Allocation	(C) Lots and Buildings	(D) Streets and Ways	(E) Off-Street Parking
4.  Commercial land use includes lots/tracts containing buildings primarily for business uses including retail, office, medical office, entertainment, restaurant, lodging, artisan, and those buildings or developments mixed with a residential component.	1.  Retail lots shall have a maximum street frontage of 175 feet.	1.  Buildings shall be setback between 0 to 15 feet from the front yard right of way. Commercial buildings shall have their front facade built within five feet of the setback line or right-of-way along a minimum of 70 percent of their frontage. 2.  Side setbacks, if provided, shall be at least 5 feet from the property line. 3.  Building coverage shall not exceed 70 percent of the lot area. 4.  A 100 percent coverage is allowed if parking is under the building. Commercial buildings shall have no required side yard setbacks. 5.  Buildings shall not exceed four stories in height except in special designated areas as approved by the commission; a minimum of two stories is encouraged. 6.  When fronting on public open space buildings should be stepped with a setback of six feet for levels over the first two stories.	1.  Commercial lots/tracts shall front on public streets/ways which have a minimum right of way of 50 feet, with two travel lanes, parallel parking on both sides, and 6 foot sidewalks. 2. Street trees shall be planted-a maximum of 60 feet on both sides of streets. 3. Service alleys at the rear of commercial lots are encouraged.	1. There shall be one parking space per 300 square feet of building area for office, retail, and entertainment uses. 2. There shall be one parking space per 250 square feet for medical offices. 3. There shall be one parking space for every four seats of restaurant uses. 4. There shall be one parking space per room of lodging. 5. There shall be one parking space per unit for senior housing. 6. There shall be two parking spaces per unit of residential and artisan live/work uses. 7. Shared parking will be utilized for mixed-use areas where feasible. 85 percent of the parking must be provided on the site. 8. There shall be a limit of two parking bays on one side of a lot, or one bay on each side. 9. General parking is not permitted in the front of a building lot.
(A) Land Use	(B) Land Allocation	(C) Lots and Buildings	(D) Streets and Ways	(E) Off-Street Parking
5.  High density residential includes land designated for residential and a mix of limited business use including limited office, lodging, retail, artisan, community, recreational and other uses by conditional use provision approval.	1.  A maximum of ten percent of the total parcel area devoted to a mixed residential project may be single-family lots. 2.  Single-family lots shall have a maximum size of 7,260 square feet. 3.  Single-family lots shall have a minimum of 50 to a maximum of 75 feet of frontage.	1.  High density residential shall be limited to designated areas in the waterfront district. 2.  Within such areas, building height limits shall be evaluated on a case by case basis by the commission with regard to view corridor assessments from within and outside of the waterfront district. 3.  Building coverage shall not exceed 70 percent of the lot area. 4.  A 100% coverage is allowed if parking is under the building. 5.  Front yard setback shall be a minimum of five feet. 6.  There shall be no required side yard setback. Side setbacks, if provided, shall be at least 5 feet from the property line.	1.  High density lots should front on streets having a minimum right of way of 50 feet with two travel lanes, parallel parking on both sides, and six-foot sidewalks. 2.  Street trees shall be planted-a maximum of 60 feet on both sides of streets containing high density residential uses.	1.  There shall be two parking spaces per unit of residential and artisan live/work uses. 2.  There shall be one parking space per unit for senior housing. 3.  There shall be one parking space per 300 square feet of building area for office, retail, and entertainment uses. 4.  There shall be one parking space for every four seats of restaurant uses. 5.  There shall be one parking space per room of lodging 6.  Shared parking will be utilized for mixed-use areas where feasible. 7.  All off-street parking shall be at the rear of the building to the maximum extent practicable and screened from public ways.

 

(A) Land Use	(B) Land Allocation	(C) Lots and Buildings	(D) Streets and Ways	(E) Off-Street Parking
6.  Medium density residential is land designated for residential and limited commercial uses, including townhomes, apartments and other attached housing, artist live/work studios, home offices and smaller scale neighborhood oriented retail establishments.	1. A maximum of fifteen percent of the total parcel area devoted to a mixed residential project may be single-family lots. 2. Single-family lots shall have a maximum size of 7,260 square feet. 3.  Single-family lots shall have a minimum of 50 to a maximum of 75 feet of frontage.	1. Buildings shall be setback between 0 to 25 feet from the front yard right of way. 2. Buildings shall be setback from side lot lines equivalent to no less than 20 percent of the lot width. 3. The entire side yard setback may be allocated to one side. 4. Building coverage shall not exceed 70 percent of the lot area. 5. Building height shall not exceed five stories.	1. Lots shall front on streets with a minimum right of way of 50 feet with at least two 10 foot travel lanes, parallel parking and six-foot sidewalks on both sides. 2. Where minimum setback is utilized, building height at the street shall be no more than three stories; stories above this must be setback an additional ten feet. 3. The use of rear alleys is encouraged; the width of such alleys shall be 24 feet.	1. There shall be a minimum of one space per two bedrooms of residential uses. 2. On-street parking may be used to meet the requirements of non-residential uses within a mixed-use building or in a stand-alone facility. 3. All off-street parking shall be located to the rear or side of the building to the maximum extent practicable and screened from public ways.
(A) Land Use	(B) Land Allocation	(C) Lots and Buildings	(D) Streets and Ways	(E) Off-Street Parking
7.  Low density residential land shall be in lots containing buildings for residential uses including single-family homes, artist studios, guest cottages, home offices and others by conditional use provision approval. All of the building area above the ground floor shall be for residential use, with accessory uses permitted on each lot.	1. Low density residential may be included where a mix of housing types and densities is desired. 2. A maximum of 25 percent of the total parcel area devoted to a mixed residential project may be single-family lots. 3. Single-family lots shall have a maximum size of 7,260 square feet. 4. Single-family lots shall have a minimum of 50 to a maximum of 75 feet of frontage.	1. Buildings shall be set back from 0 to 25 feet from the frontage line. 2. Buildings shall be set back from side lot lines no less than 20 percent of the lot width. 3. The entire setback can be allocated to one side of the lot. Primary buildings shall be set back no less than 30 feet from the rear lot line except for outbuildings. 4. Building coverage shall not exceed more than 70 percent of the lot area. 5. Buildings shall not exceed more than two stories in height.	1. Single-family lots shall front on streets with a minimum of 40 feet of right of way. 2. Street trees shall be installed on both sides at no more than 60 foot intervals. 3. Lots may have their rear lot lines coincide with a minimum 24-foot alley.	1. One off street parking space should be provided per two bedrooms of residential uses. 2. Parking and garages for all residential uses shall be prohibited in front yard setback areas. Garages facing a front yard property line shall not be located closer to the front lot line than the foremost facade of the principle building facing the front property line.
(A) Land Use	(B) Land Allocation	(C) Lots and Buildings	(D) Streets and Ways	(E) Off-Street Parking
8.  Business uses includes land designated for office, medical offices, light industry, artisan, warehousing, instructional and other uses by conditional use provision approval.	1. Business use lots shall have a minimum of 100 feet of frontage.	1. There shall be no front yard setback requirement. 2. Building coverage shall not exceed 70 percent of the lot area. 3. Building height shall not exceed three stories	1. Business lots/tracts shall front on public streets/ways which have a minimum right of way of 50 feet, with two travel lanes, parallel parking on both sides, and six-foot sidewalks. 2. Street trees shall be planted-a maximum of 60 feet on both sides of streets. 3. Service alleys at the rear of commercial lots are encouraged.	1. There shall be one parking space per 250 square feet for office and medical office uses. 2. There shall be one space per 500 square feet for all other uses. 3. Off street parking may be to the side or rear of the building. 85 percent of the parking must be provided on the site. 4. There shall be a limit of two parking bays on one side of a lot, or one bay or each side. 5. To the maximum extent practicable,, gGeneral parking is not permitted in the front of a building lot. 6. Where a business use abuts a residential use parking must be screened.

 

SECTION XXII.  This ordinance shall take effect upon passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.

 

 

Requested by:  Mayor Rose

Mayor Rose stated he brought this suggestion up years ago and it has been worked on over the last year and half.  His questions on some of the wording of the ordinance have to do with the zoning portions.  Mayor Rose asked about the yard setback item and wanted to know how this is being changed from what exists now.  

 

Director of Planning Jeanne Boyle stated that it limits the number of parking spaces defining it as 1/3 of the yard and is relaxing the amount of parking allowed.

 

Mayor Rose asked if it is regulating the width of the driveway.

 

Director Boyle replied it is making it larger and by limiting it to the number of spaces it is actually narrower.  By allowing someone to pave 1/3 of their lot it can allow them to pave a greater amount of their lot.

 

Mayor Rose asked if 33 percent of the property can be paved. 

 

Director Boyle stated the Zoning Officer found it easier to enforce and that it allows for greater flexibility. It seems like a fairer and more flexible approach as what he had been encountering was the desire for room for more cars.

 

Mayor Rose asks about the section on sheds and gazebos. 

 

Director Boyle stated that right now there is no limit and there is a home owner with 13 in one yard.  

 

Councilwoman Capobianco stated the amended ordinance reads that only one shed and one garage can be allowed.

 

Director Boyle stated that if the Council would like to pick a different number say 3 or 4 that would be fine. 

 

Mayor Rose stated a resident might want a pool house and a shed. 

 

Director Boyle stated that Planning doesn't feel very strongly but adds there should be a limitation where currently there is none.  The Council has the opportunity to make a change tonight and still go forward with the adoption as long as the public is given the opportunity to speak.  If you want to make it 1 or 4 that is up to you. 

 

Assistant Mayor Cunha asked if it should be decided by lot size.

 

Director Boyle stated that coverage requirements already exist in the law. 

 

Councilwoman Capobianco stated she would like it to change from 1. 

 

Assistant Mayor Cunha asked if the setback is still 5 feet from the property line.

 

Director Boyle replied yes.

 

 Councilwoman Capobianco asked about the Class 1 Survey requirement. 

 

Director Boyle stated this is something required by State law and if a waiver form is filled out then it goes before the Zoning Board for relief. In East Providence the lots are small and if you don’t have a Class 1 Survey there have been encroachment issues.

 

Mayor Rose noted that a case just last month took place and they received relief.

 

Councilwoman Capobianco asked about the garage being listed as not being more than 25 % of the total house.  

 

Director Boyle replied yes as the garage is supposed to be an accessory structure and constructing garages larger than the actual house is restricted at 25% and that this is an attempt to actually codify what is accessory.

 

Councilwoman Capobianco asked if residents could go before the Zoning Board to seek relief for this item.  Director Boyle stated they could.

 

Mayor Rose asked what about a raised ranch with 25% of living space when the basement is not considered living space.

 

Director Boyle stated it is the gross floor area not the living space.

 

Mayor Rose raised concerns that the City was going from nothing to 25%.

 

Assistant Mayor Cunha stated a concern with the set back and adequate space for a garage as in his case.

 

Director Boyle stated if a lot is so small that you would not have the set back you would have a hardship and could go before the Zoning Board and ask for relief and/or relief of the Class 1 Survey.

Mayor Rose pointed out that a Class 1 Survey can cost a resident $3000 by the time they do the survey and file for the relief to the Zoning Board and this would be before they even started to build a shed for example.

 

Councilwoman Capobianco asked how many problems the City had come across to warrant this.

 

Director Boyle stated they have encountered many garages that are larger than houses.  If 25% is a problem to the Council and if there is a number more comfortable say 30%-40% this is the Council’s prerogative.

 

Mayor Rose stated that by these standards a 1500 square foot house could only have a 350 foot garage. 

 

Director Boyle stated that they would prefer not to exceed 50% and that these changes are housekeeping changes.  She also noted the 5 foot setback is a good requirement but it is not State law.  However, it does allow for room to paint a structure or else one resident would impinge upon their neighbor.  The resident could still go before the Zoning Board to show that they have a hardship.  In some communities the set back is 15 feet or more. 

 

The City Manager stated that it can also vary by minimum lot size.

 

Assistant Mayor Cunha asked if they could do this by zone and an applicant could take the average lot size on that street and calculate. 

 

Director Boyle stated there was already a provision in the ordinance for that.

 

Public Comments:

 

Rick Lawson stated this is a great tool for the Arts Council to get arts in the City.  Adding he is in strong support of the ordinance and he would hate to see the baby thrown out with the bath water and that Director Boyle seems ready to make the changes needed and this is going to be an economic boom for the City and he is speaking on behalf of the Arts Council as they are in support of the ordinance.

 

Joe Botelho, 82 Plymouth Road stated that he is wearing his real estate broker hat tonight and that prior to the transfer of a property in the City they are required to obtain a certificate of zoning. He stated this is a hindrance and if the City was going to move forward they need to get rid of it.  Perhaps it was needed the 90s but it is not needed now. 

 

Solicitor Chapman stated that Ed Pimentel came to speak with him when this was added stating Ed noted he found a lot of illegal apartments and if the Council feels this is no longer necessary then Director Coutu can mention this to Ed Pimentel.

 

The City Manager stated that traditionally banks and finance companies will ask for the certificate of compliance.  They could take a look at removing this separate ordinance. 

 

Aman Brown, 26 Jenks Street stated that he runs a small design and construction firm and the changes to the schedule for live work space make moving to East Providence and developing a plan to change to an artist studio really helpful to them.  He is also glad to see the downsizing of the parking spaces and he thanked the Council for their consideration.  The name of his company is Coast Modern Construction.

 

Mayor Rose asked Director Boyle about the lighted signs and what the new language means.

 

Director Boyle stated that it basically relaxes those regulations where there was a prohibition in the past. 

 

Discussion among the Council members regarding the appropriate number of sheds and property size takes place.  It was also noted there would be additional restrictions based on impervious coverage.  Director Boyle stated she felt as though 4 sheds was a comfortable number and could be consolidated into something that was not a nuisance.  None of the changes will affect those already in this situation as they are grandfathered in.  

 

A motion to approve the Ordinance with the following changes:  1. the the size of the garage is not to exceed 50%, 2. the quantity of sheds shall not exceed 3, this motions is made by Councilman Britto, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous. 

 

Unanimous approval was given to allow Rick Lawson to come to the podium to announce his event. It will take place tomorrow night at the RI Philharmonic School and is a community outreach event.  The event is being called Townie Night and if you have an instrument you are encouraged to bring it along.  The event starts at 6:00PM. He also reminded everyone to fill out the online survey that the Art’s Council has going on.  They want to know what the community wants regarding arts.  

 

X.                PUBLIC HEARING – ORDINANCES FINAL PASSAGE

 

A.     An ordinance amending Peddlers Licenses.

A motion to dispense with the reading of the ordinance is made by Assistant Mayor Cunha, seconded by Councilman Conley and on a roll call vote it is unanimous. 

AN ORDINANCE IN AMENDMENT OF CHAPTER 8 OF THEREVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “LICENSES AND BUSINESS REGULATIONS”

SECTION I.  Sec. 8-27 entitled “Business licenses and permits generally” of Article II entitled “Miscellaneous Business and Occupational Licenses and Permits” of Chapter 8 entitled "Licenses and Business Regulations" of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, is hereby amended as follows:

 

Sec. 8-27. Business licenses and permits generally.

 

Licenses and permit fees for the following types of businesses are hereby fixed as follows:

(1)        Automobile junkyards, per location, annually…..$100.00

(2)        Closing-out sales, as defined by G.L. 1956, § 6-14-3, per sale…..100.00

(3)        Employment agency operators, annually…..75.00

(4)        Hawkers and peddlers:

                        a.         1.  Annually…..125.00

2.  90 day………75.00

3.  60 day………50.00

4.  Daily………..25.00 

b.         Watches, jewelry, gold and silver…….50.00

c.         General merchandise…………………25.00

(5)        Peddlers:

a.         Per vehicle………100.00

b.         Per driver…………25.00

(5 6)     Itinerant vendors, as defined by this chapter…..350.00

(6 7)     Secondhand dealers:

a.       Automobiles, per location, annually…..100.00

 

b.      Antique shop operators, per location, annually…..75.00

 

c.       Other stores and shops, per location, annually…..25.00

 

(7 8)     Tattoo parlors…..200.00

(8 9)     Automobile body repair shop…..100.00

SECTION II.  Sec. 8-142 of Article VII entitled “Hawkers and Peddlers” of Chapter 8 entitled "Licenses and Business Regulations" of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, is hereby amended to read as follows:

Sec. 8-142. Application; issuance; expiration.

(a)  All persons desiring a peddlers or hawkers license as required in section 8-141 shall make application to the city clerk for such license, and the city clerk, after granting of the application by the council, may issue a license subject to the approval of the chief of police and the state health inspector if food is involved, to such persons to sell the articles and substances mentioned in section 8-141 in such manner as shall be specified in the license and in the permitted area as is designated by the city council and is approved by the chief of police for reasons relating to public health and safety for the period from the date of such license until December 1 next ensuing such date. No licensee shall hawk or peddle in any other area than that to which he/she is permitted under the license granted by the city. Violations of such may result in loss of license and/or fines pursuant to section 8-148 of this chapter.

(b)  The applicant shall, upon approval for a license required under this chapter, provide two so-called passport-size photographs of the individual authorized to act under such license.  The city clerk shall, in addition to the license specified above, issue an identification badge containing one of the photographs of the authorized individual along with the effective dates of the license and such other information as the city clerk shall deem appropriate.

SECTION II.  This ordinance shall take effect upon second passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.

Requested by:  Councilman Conley

A motion to approve the Ordinance for final passage is made by Councilman Conley, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous. 

 

XI.             NEW BUSINESS

 

A.  City Manager’s Report (by City Manager, Richard Kirby)

The City Manager stated he has been working with the Trust for a Lean Services Program and an employee wellness program. 

 

B.  Council Members

 

1.      K-Rob Foundation Wine Tasting Event (by Councilwoman Capobianco)

 

Councilwoman Capobianco noted the event is scheduled for Saturday, April 9^th, there will be music provided by Pat Lowell, hors d’oeuvres, silent auction and live auction.

2.      Carousel Upcoming Events (by Councilwoman Capobianco)

 

Councilwoman Capobianco noted the grand opening is Sunday, March 27^th, there will be an egg hunt that day.  On the 26^th there will be an Autism Awareness Event and they are also is an Earth Day Cleanup coming up soon.  For a complete list of events people can visit the Carousel webpage or Facebook page or call them directly.

3.      EP Relay for Life Event (by Councilwoman Capobianco)

 

Councilwoman Capobianco noted this year’s East Providence event is taking place June 24th-25^th starting at 6:00PM and ending at 8:00AM at Pierce Field and is the signature event of the American Cancer Society. 

Mayor Rose asked for unanimous consent to announce the East Providence High School coed Wrestling Team has made it to the State Championships and are going to the Regional Championship in Lawrence, MA and also that Martin Middle School Wrestling Team has made it to the State Championship.

C.  Reports of Other City Officials

 

1.      Claims Committee Report (by City Solicitor Timothy Chapman)

 

Pursuant to R.I.G.L. § 42-46-5(a)(2), a motion is made by Councilman Cunha and seconded by Councilman Conley to convene in closed session for the purposes of discussing claims & litigation.  Upon a roll call vote:  Mayor Rose – Aye, Councilman Britto – Aye, Councilwoman Capobianco – Aye, Councilman Conley – Aye, Councilman Cunha - Aye, the motion is approved 5-0.

                                    EAST PROVIDENCE CLAIMS COMMITTEE

                                              CLAIMS & LITIGATION REPORT

                                TUESDAY, MARCH 15, 2016; 7:00 P.M.; ROOM 101

====================================================================  

NEW CLAIMS

JULIE FOX                                                                                                                           $128.58

RM No. 16-014, Claim No. 16-008

Claim for property damage to vehicle sustained as a result of striking a pothole on Amaral Street.  See recommendation of the Director of Public Works.

Motion by:  Councilman Britto                       Seconded by:  Councilman Cunha

Motion:  Approve the claim in the amount of $128.58.

VOTE	MAYOR ROSE	COUNCILMAN BRITTO	COUNCILWOMAN CAPOBIANCO	COUNCILMAN CONLEY	COUNCILMAN CUNHA
Aye	√	√	√	√	√
Nay
Abstain
Absent

 

LINDA LORD                                                                                                                      $392.38

RM No. 16-013, Claim No. 16-007

Claim for property damage to vehicle sustained as a result of striking a manhole cover on Warren Avenue.  See recommendation of the Director of Public Works.

Motion by:  Councilman Britto                       Seconded by:  Councilman Cunha

Motion:  Deny the claim.

VOTE	MAYOR ROSE	COUNCILMAN BRITTO	COUNCILWOMAN CAPOBIANCO	COUNCILMAN CONLEY	COUNCILMAN CUNHA
Aye	√	√	√	√	√
Nay
Abstain
Absent

 

MANNY PERIQUITO                                                                                                         $150.54

RM No. 16-017, Claim No. 16-009

Claim for property damage to vehicle sustained as a result of striking a pothole on Brown Street.  See recommendation of the Director of Public Works.

Motion by:  Councilman Britto                       Seconded by:  Councilwoman Capobianco

Motion:  Approve the claim in the amount of $150.54.

VOTE	MAYOR ROSE	COUNCILMAN BRITTO	COUNCILWOMAN CAPOBIANCO	COUNCILMAN CONLEY	COUNCILMAN CUNHA
Aye	√	√	√	√	√
Nay
Abstain
Absent

 

SEWER CHARGE ABATEMENTS

DEBORAH DeMARCO                                                                                                      $118.14

Request for a sewer charge abatement for the property located at 32 Narragansett Avenue in accordance with City Ordinance Sec. 17-183(g).

Motion by:  Councilwoman Capobianco                    Seconded by:  Councilman Britto

Motion:  Approve the sewer charge abatement in the amount of $118.14.

VOTE	MAYOR ROSE	COUNCILMAN BRITTO	COUNCILWOMAN CAPOBIANCO	COUNCILMAN CONLEY	COUNCILMAN CUNHA
Aye	√	√	√	√	√
Nay
Abstain
Absent

 

PATRICIA ERNST                                                                                                                $48.33

Request for a sewer charge abatement for the property located at 240 Narragansett Avenue in accordance with City Ordinance Sec. 17-183(g).

Motion by:  Councilwoman Capobianco                    Seconded by:  Councilman Britto

Motion:  Approve the sewer charge abatement in the amount of $48.33.

VOTE	MAYOR ROSE	COUNCILMAN BRITTO	COUNCILWOMAN CAPOBIANCO	COUNCILMAN CONLEY	COUNCILMAN CUNHA
Aye	√	√	√	√	√
Nay
Abstain
Absent

 

JAMES FERRERA REALTY INC.                                                                                  $2,667.92

Request for a sewer charge abatement for the property located at 20-44 Hemingway Drive in accordance with City Ordinance Sec. 17-183(g).

Motion by:  Councilwoman Capobianco                    Seconded by:  Councilman Britto

Motion:  Approve the sewer charge abatement in the amount of $2,667.92.

VOTE	MAYOR ROSE	COUNCILMAN BRITTO	COUNCILWOMAN CAPOBIANCO	COUNCILMAN CONLEY	COUNCILMAN CUNHA
Aye	√	√	√
Nay				√	√
Abstain
Absent

 

ROBERT L. FOURNIER ESTATE                                                                                  $2,319.41

Request for a sewer charge abatement for the property located at 69 Leroy Drive in accordance with City Ordinance Sec. 17-183(g).

Motion by:  Councilman Britto                       Seconded by:  Councilman Cunha

Motion:  Approve the sewer charge abatement in the amount of $2,319.41.

VOTE	MAYOR ROSE	COUNCILMAN BRITTO	COUNCILWOMAN CAPOBIANCO	COUNCILMAN CONLEY	COUNCILMAN CUNHA
Aye	√	√		√	√
Nay
Abstain			Recused
Absent

 

SANDY FURTADO                                                                                                             $106.22

Request for a sewer charge abatement for the property located at 17-19 Oakley Street in accordance with City Ordinance Sec. 17-183(g).

Motion by:  Councilwoman Capobianco                    Seconded by:  Councilman Britto

Motion:  Approve the sewer charge abatement in the amount of $106.22.

VOTE	MAYOR ROSE	COUNCILMAN BRITTO	COUNCILWOMAN CAPOBIANCO	COUNCILMAN CONLEY	COUNCILMAN CUNHA
Aye	√	√	√	√	√
Nay
Abstain
Absent

 

CARMINA M. CALORE MORETTI                                                                                  $647.84

Request for a sewer charge abatement for the property located at 170 Pleasant Street in accordance with City Ordinance Sec. 17-183(g).

Motion by:  Councilman Britto                       Seconded by:  Councilwoman Capobianco

Motion:  Approve the sewer charge abatement in the amount of $647.84.

VOTE	MAYOR ROSE	COUNCILMAN BRITTO	COUNCILWOMAN CAPOBIANCO	COUNCILMAN CONLEY	COUNCILMAN CUNHA
Aye	√	√	√	√	√
Nay
Abstain
Absent

 

DAVID PHILLIPS                                                                                                                 $96.66

Request for a sewer charge abatement for the property located at 1 Connors Lane in accordance with City Ordinance Sec. 17-183(g).

 Motion by:  Councilman Cunha                     Seconded by:  Councilman Britto

Motion:  Approve the sewer charge abatement in the amount of $96.66.

VOTE	MAYOR ROSE	COUNCILMAN BRITTO	COUNCILWOMAN CAPOBIANCO	COUNCILMAN CONLEY	COUNCILMAN CUNHA
Aye	√	√	√	√	√
Nay
Abstain
Absent

 

ROSALIE SILVA                                                                                                                $410.80

Request for a sewer charge abatement for the property located at 250 Bullocks Point Avenue in accordance with City Ordinance Sec. 17-183(g).

Motion by:  Councilman Cunha                      Seconded by:  Councilman Britto

Motion:  Approve the sewer charge abatement in the amount of $410.80.

VOTE	MAYOR ROSE	COUNCILMAN BRITTO	COUNCILWOMAN CAPOBIANCO	COUNCILMAN CONLEY	COUNCILMAN CUNHA
Aye	√	√	√	√	√
Nay
Abstain
Absent

 

JORGE H. STURAM FAMILY LIMITED PARTNERSHIP                                          $3,649.45

Request for a sewer charge abatement for the property located at 270-280 Ferris Avenue in accordance with City Ordinance Sec. 17-183(g).

Motion by:  Councilman Britto                       Seconded by:  Councilman Cunha

Motion:  Approve the sewer charge abatement in the amount of $3,649.45.

VOTE	MAYOR ROSE	COUNCILMAN BRITTO	COUNCILWOMAN CAPOBIANCO	COUNCILMAN CONLEY	COUNCILMAN CUNHA
Aye	√	√	√	√	√
Nay
Abstain
Absent

 

JANET WRIGHT                                $40.22

Request for a sewer charge abatement for the property located at 18 Grassy Plain Road in accordance with City Ordinance Sec. 17-183(g).

Motion by:  Councilman Britto                       Seconded by:  Councilwoman Capobianco

Motion:  Approve the sewer charge abatement in the amount of $40.22.

VOTE	MAYOR ROSE	COUNCILMAN BRITTO	COUNCILWOMAN CAPOBIANCO	COUNCILMAN CONLEY	COUNCILMAN CUNHA
Aye	√	√	√	√	√
Nay
Abstain
Absent

 

A motion to approve the Claims Committee Report is made by Councilwoman Capobianco, seconded by Councilman Britto and on a roll call vote it is unanimous. 

 

2.      Handicap Parking Signs (by Director of Public Works, Steve Coutu)

156 Blanding Avenue

 

A motion to approve is made by Councilwoman Capobianco, seconded by Assistant Mayor Cunha and on a roll call vote it is unanimous. 

 

B.     Tony Ferreira, 44 Brightridge Avenue (02914) requesting to address the Council regarding Bayside Complex to discuss the City’s involvement. 

 

Mr. Ferreira asked the Council to explain how the City Engineers and Highway Department got involved with the Soccer Field.

 

The City Manager stated it is his understanding that Bayside is leasing the property and recently there was discovered some easements for sewer and waterline which link to a commercial property and the City was assisting with this aspect.   The City Manager noted that the Solicitor has additional information on this item.

 

Solicitor Chapman stated the City owns the property and are one of the partners in this transaction so they are very much involved in the complex being built.  The City Council in doing its due diligence discovered the water line and had the temerity to go forward to make sure it was removed by the contractor.  The agreement was that Bayside would remove it.  Eric Skadberg the City Engineer came up with a plan that was very beneficial to the School and the City and the City agreed to the cost savings which would relocate the water line and in turn Bayside would pay for the lighting for the School.  This was done with the knowledge of the Schools via Bob Duarte.

 

Director Coutu was called to the podium to verify this on Eric's behalf.  Director Coutu stated the dirt which was removed has been relocated onto the softball field for the schools benefit.

 

Mr. Ferreira stated that Bayside was supposed to pay for everything and added that is what they said to the School Committee that it wouldn’t cost any taxpayer money.  The water line installed recently for $3000 and speaking as a taxpayer that is all on the engineering drawings, their engineer came to the school committee meeting and they assured them the taxpayers would not have to pay one penny.  We are paying for the conduit and this just came to light last Thursday night.  Mr. Ferreira requested to see all the time sheets and manpower that was put in at that field.

 

Solicitor Chapman stated that the School’s Athletic Director has been on board with this and it was a trade off to help the schools.

 

Director Coutu stated that he thought this was a project to assist the softball field and he worked with Public Works employees and John Carnevale at the softball field.  The relocation of the sewer line is not any additional cost to the City, to the rate payers, to do that in fact is a cost savings to the project as a whole. The Bayside folks are providing the stations for the lights for the field and track.  The conduit costs $3,600-$3,700.

 

Solicitor Chapman stated that if that is additional work and you want to pass that on to us we will ask the engineer and Bayside.

 

Mr. Ferreira stated that where he gets frustrated is that he asked at the time this was voted on if the light poles would be able to handle this and the answer was yes and he also asked would the arc be strong enough and the answer was yes.

 

Assistant Mayor Cunha stated that is what the conduit was for.

 

Mr. Ferreira replied that is not the correct because the conduit is going to come out to the trailer for further work.  The School Committee just found this out on Thursday and are told that seating has changed.  The athletic department doesn't speak for the Superintendent or any of us.  It was an outside entity and they got the lease for $1 and they were investing a million dollars.  He asked if there are logs for how much time our guys are spending.

 

Director Coutu stated that Public Works employees are working on the softball field.

 

Solicitor Chapman stated that certain members or the School Committee were critical of the City taking too much time to review and this was part of the amended contract which the City was being critized for.

 

Mr. Ferreira stated his goal is to make sure that the tax payers are not paying.

 

Councilwoman Capobianco asked if someone could please find out what the City is spending.

 

Director Coutu stated the engineer is involved in the soccer project.  It's a big development project and he would always be involved in a big development project.

 

Mr. Ferreira asked if the City had any idea why John Carnevale would be involved.

 

Director Coutu stated Mr. Carnevale has been very instrumental in the lighting for the softball and track field.

 

Mayor Rose asked if they can just find out the information on what Mr. Ferreira is requesting regarding time sheets for all the employees working on the soccer field.

 

Director Coutu stated they were working to do the best for the kids and school and it’s hard to put a dollar amount on it as they are not working extra or overtime.  They are paid for 8 hours regardless of where ever they are working.  It's a project for the good of the City.

 

Mr. Ferreira stated that when a company comes into the City and states it’s not going to cost the taxpayers any money he questions if they are a private company then at what level do they need City services and at what level do they need our support.  He noted even though he is in support of this he feels at some level they should have informed the school committee.

 

D.  Report of School Committee Liaison

Mr. Ferreira noted that the two sidewalk projects are moving along and should be completed soon.  He thanked the City for the assistance and stated that they also are doing the sidewalks in front of other schools.  The new 60 door replacements are to start in about a month.

 

E.  Introduction of Ordinances

1.   AN ORDINANCE IN AMENDMENT OF CHAPTER 5 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “FIRE PREVENTION”

A motion to dispense with the reading of the ordinance is made by Assistant Mayor Cunha, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous. 

SECTION I.  Sec. 5-6 entitled “Appeals from decision of chief of fire department” of Article I entitled “In General” of Chapter 5 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Fire Prevention” is hereby deleted in its entirety.

SECTION II.  Sec. 5-33 entitled “Notice of violation generally” of Article II entitled “Inspections, Compliance and Violations of Fire Safety Code” of Chapter 5 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Fire Prevention” is amended to read as follows:

(a)  Whenever the chief of the department or his/her designate determines that there are reasonable grounds to believe that there is a violation of any provision of this article or of any rule or regulation adopted pursuant thereto, he shall give notice of such alleged violation to the person responsible therefor as hereinafter provided. Such notice shall be in writing, shall set forth the alleged violation, and shall describe the nonresidential structure or dwelling place of four or more units or three family residential structures only for the sole purpose of interconnected smoke and carbon monoxide detectors where the violations are alleged to exist or to have been committed. and a reasonable time to correct it and shall be served upon the owner, operator or occupant as the case may require.  Such notice of violation shall be deemed to be properly served upon such owner, operator or occupant if a copy thereof is served upon him personally, if a copy thereof is sent by registered mail or certified mail, return receipt requested, to the last known address of such person. If one or more persons to whom the notice is addressed cannot be found after diligent effort to do so, service may be made upon the person or persons by posting a notice in or about the nonresidential structure or dwelling place of four or more units described in the notice, or by causing the notice to be published in a newspaper of general circulation, for a period of three consecutive days.

(b)  The notice shall provide for the time the alleged violation shall be remedied, and shall inform the person to whom it is directed that a written request for a hearing on the alleged violation may be filed with the Fire Safety Code Board of Appeal and Review within thirty (30) days after service of the notice.  The notice will be deemed properly served upon a person if a copy thereof is served him or her personally, by the authority having jurisdiction or any other person having authority to serve process, or sent by registered or certified mail to his or her last known address, or if he or she is served with notice by any other method of service now or hereafter authorized in a civil action under the laws of this state.  If no written request for a hearing is made to the Fire Safety Code Board of Appeal and Review within thirty (30) days of the service of notice, the notice shall automatically become a compliance order.  The authority issuing the notice of violation shall have the power to extend in writing the time in which the alleged violation shall be remedied if the authority shall find, to the authority's satisfaction, that a good faith effort is being made to remedy the violation, and that the extension of time to remedy the violation will not result in a significant threat to life safety.

(c)  If a person upon whom a notice of violation has been served under the provisions of this section or if a person aggrieved by any such notice of violation requests a hearing before the Fire Safety Code Board of Appeal and Review within thirty (30) days of the service of notice of violation, the Board shall set a time and place for the hearing, and shall give the person requesting that hearing notice as outlined in R.I.G.L. §23-28.3-5.  After the hearing, the Board may make findings of fact and shall sustain, modify, or withdraw the notice of violation.  If the Board sustains or modifies the notice, that decision shall be deemed a compliance order and shall be served upon the person responsible in any manner provided for the service of the notice in this section.

(d)  The compliance order shall state a time within which the violation shall be remedied, and the original time specified in the notice of violation shall be extended to the time set in the order.

(e)  Whenever a compliance order has become effective, whether automatically where no hearing has been requested, or upon decision following a hearing, the fire marshal may institute injunction proceedings in the district court of the state for enforcement of the compliance order and for appropriate temporary relief, and in that proceeding the correctness of a compliance order shall be presumed and the person attacking the order shall bear the burden of proving error in the compliance order.  The remedy provided for in this section shall be cumulative and not exclusive and shall be in addition to remedies relating to the removal or abatement of nuisances or any other remedies provided by law.  The district court shall have full equity power to hear and address these matters.

(f)  The chief of the department or his/her designate shall have the right to prosecute for any provision of this article or of any rule or regulation adopted pursuant thereto, and is hereby authorized to execute all warrants, for the violation of laws, rules, and regulations relating to this chapter and to serve subpoenas issued for the trial of all offenses against the laws, rules, and regulations relating to this chapter.

(g)  Any property owner, lessee or other person who violates or fails, or refuses to comply with the provisions of the state Fire Safety Code or the provisions of this section shall be subject to prosecution in the East Providence Municipal Court and/or the Rhode Island District Court through the Rhode Island State Fire Marshal’s Office.

(h)  Any party aggrieved by a final judgment of the district court may, within thirty (30) days from the date of entry of such judgment, petition the Supreme Court for a writ of certiorari to review any questions of law.  The petition shall set forth the errors claimed.  Upon the filing of the petition with the clerk of the Supreme Court, the Supreme Court may, if it sees fit, issue its writ of certiorari.

SECTION III.  Sec. 5-34 entitled “When second notice of violation to become a compliance order; service of compliance order” of Article II entitled “Inspections, Compliance and Violations of Fire Safety Code” of Chapter 5 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Fire Prevention” is hereby deleted in its entirety.

SECTION IV.  Sec. 5-36 entitled “Appeals from compliance orders generally--Authorized” of Article II entitled “Inspections, Compliance and Violations of Fire Safety Code” of Chapter 5 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Fire Prevention” is hereby deleted in its entirety.

SECTION V.  Sec. 5-42 entitled “Hearing upon notice of violation” of Article II entitled “Inspections, Compliance and Violations of Fire Safety Code” of Chapter 5 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Fire Prevention” is hereby deleted in its entirety.

SECTION VI.  This ordinance shall take effect upon its second passage and all ordinances or parts of ordinances inconsistent herewith are hereby repealed.

Requested by:  Councilman Britto

A motion to approve the Ordinance for First Passage is made by Assistant Mayor Cunha, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous. 

 

 

2.   AN ORDINANCE IN AMENDMENT OF CHAPTER 4 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “BUILDINGS AND BUILDING REGULATIONS.”

A motion to dispense with the reading of the ordinance is made by Councilman Britto, seconded by Assistant Mayor Cunha and on a roll call vote it is unanimous. 

SECTION I.  Subsections (b) & (c) of Sec. 4-20 entitled “Fire safety permits.” of Chapter 4 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Buildings and Building Regulations.” are hereby amended to read as follows:

(b)  Life safety plan review. Every request to the city fire marshal's office for a life safety plan review shall be accompanied by the fee as prescribed as follows:

New buildings, additions, alterations, structures, etc. (based on cost of construction less cost of site and utility work, plumbing, mechanical and electrical):

(1)  $500.00 or less .....$25.00

(2)  Over $500.00 but not over $1,000.00 .....$35.00

(3)  Over $1,000.00 but not over $2,000.00 .....$45.00

(4)  Over $2,000.00 but not over $500,000.00 (Plus $6.00 per $1,000.00 or fraction thereof over $2,000.00) .....$45.00+

(5) Over $500,000 (plus $4.00 per $1,000.00 or fraction thereof over $500,000) .....$3,033.00+

Single Family Dwelling .....$ 75.00

Two Family Dwelling .....$125.00

Three Family Dwelling .....175.00 $125.00

(c)  Fire alarm installation plan review and inspection permit. Every request to the city fire marshal's office for a fire alarm installation plan review and inspection permit shall be accompanied by the fee as prescribed as follows:

New buildings, additions, alterations, structures, etc. (based on cost of construction):

(1)  $500.00 or less .....$25.00

(2)  Over $500.00 but not over $1,000.00 .....$35.00

(3)  Over $1,000.00 but not over $2,000.00 .....$45.00

(4)  Over $2,000.00 but not over $500,000.00 (plus $6.00 per $1,000.00 or fraction thereof over $2,000.00) .....$45.00+

(5)  Over $500,000.00 (plus $4.00 per $1,000.00 or fraction thereof over $500,000.00) .....$3,033.00+

SECTION II.  Section 4-20 entitled “Fire safety permits.” of Chapter 4 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Buildings and Building Regulations.” is hereby amended by adding thereto the following:

(d)  Heating ventilation and air conditioning (HVAC) installation plan review and inspection permit.  Every request to the city fire marshal’s office for HVAC requiring a fire alarm system connection for fan shut-down shall be accompanied by the fee as prescribed as follows:

New buildings, additions, alterations, structures, etc. (based on installation cost):

(1)  $500.00 or less…..$25.00

(2)  Over $500.00 but not over $1,000.00…..$35.00

(3)  Over $1,000.00 but not over $2,000.00…..$45.00

(4)  Over $2,000.00 but not over $500,000.00 (plus $6.00 per $1,000.00 or fraction thereof over $2,000.00)…..$45.00+

(5) Over $500,000.00 (plus $4.00 per $1,000.00 or fraction thereof over $500,000.00).….$3,033.00+

SECTION III.  This ordinance shall take effect upon its second passage and all ordinances or parts of ordinances inconsistent herewith are hereby repealed.

Requested by:  Councilman Britto

A motion to approve the Ordinance for First Passage is made by Councilwoman Capobianco, seconded by Councilman Britto and on a roll call vote it is unanimous. 

 

3.   AN ORDINANCE IN AMENDMENT OF CHAPTER 12 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “POLICE”

A motion to dispense with the reading of the ordinance is made by Assistant Mayor Cunha, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous. 

SECTION I. Subsections (1) and (6) of Section 12-18 entitled “Qualifications for appointment” of Chapter 12 of the Revised Ordinances of the City of East Providence, Rhode Island, as amended, entitled “Police” are amended to read as follows:

(1)    The applicant must not be under 18 21 years of age at the time of the application deadline.

 

(6)  The applicant must have an education at least equal to the completion of an associate degree (60 credit hours) with a concentration in law enforcement or criminal justice from an accredited college or university, or a bachelors degree.  Two years of honorable active military service or four years of reserve or national guard duty may be substituted for the educational requirements.  Likewise, certification from the state municipal police academy as municipal police officer, or three years of satisfactory employment as a correctional officer may be substituted for the educational requirement.

SECTION II.  Section 12-19 entitled “Employment; eligibility” of Chapter 12 of the Revised Ordinances of the City of East Providence, Rhode Island, as amended, entitled “Police” is amended to read as follows:

Applicants for appointment to the permanent police force shall follow examination procedures as established from time to time by the director of personnel and/or ordinance, including the passing of required examinations and placement on an eligibility list.  An eligible entry level applicant shall first be appointed as a police trainee in accordance with section 11-66, and he must successfully graduate from the state municipal police academy prior to being appointed as a probationary police officer.

SECTION III.  This ordinance shall take effect upon its second passage and all ordinances inconsistent herewith are hereby repealed.

Requested by:  Councilwoman Capobianco

A motion to approve the Ordinance for First Passage is made by Councilwoman Capobianco, seconded by Councilman Britto and on a roll call vote it is unanimous. 

 

4.AN ORDINANCE IN AMENDMENT OF CHAPTER 11 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED ENTITLED "PERSONNEL”

A motion to dispense with the reading of the ordinance is made by Councilwoman Capobianco, seconded by Assistant Mayor Cunha and on a roll call vote it is unanimous. 

SECTION I.  Subsection (g) entitled "Rating examinations" of Sec. 11-64 entitled "Examination procedure" of Chapter 11 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled "Personnel" is amended to read as follows:

(g)  Rating examinations. The final score of a candidate shall be based upon all tests and evaluations in the examination.  Failure in one part or test of the examination may be grounds for declaring candidates as failing in the entire examination or as disqualified for subsequent parts of an examination.  In addition, in rating examinations for entrance into the classified service, except for police and fire candidates, the director shall increase the score of a candidate, one percent point for each consecutive year that such current resident-candidate has been a resident of the city up to a maximum of ten percent points.  In rating examinations for police and fire candidates for entrance into the classified service, the director shall increase the score of a current resident-candidate one percent point for each consecutive year that such candidate has been a resident of the city up to a maximum of five percent points.  Furthermore, in rating examinations for entrance into the classified service, the director shall increase the score of a veteran-candidate four percent points or five percent points for a post-9/11 veteran-candidate, up to a maximum of five percent points. such increase being cumulative with the resident-candidate scoring.  However, the maximum amount of incentive points that a candidate may receive is to be capped at five points.  For the purposes of this section, the terms "veteran" and "post-9/11 veteran" are as defined in the Veterans Opportunity to Work (VOW) To Hire Heroes Act of 2011, 5 U.S.C. § 2108, as may be amended from time to time. Seventy percent shall be the lowest score on an examination to be acceptable as qualifying and the maximum score shall be 100 percent.

SECTION II.  This ordinance shall take effect upon its second passage and all ordinances or parts of ordinances inconsistent herewith are hereby repealed.

Requested by:  Councilwoman Capobianco

A motion to approve the Ordinance for First Passage is made by Councilwoman Capobianco, seconded by Councilman Britto and on a roll call vote it is unanimous. 

 

XII.          ADJOURNMENT

 

A motion to Adjourn at 9:11PM is made by Councilwoman Capobianco, seconded by Councilman Britto and on a roll call vote it is unanimous.

 

Approved By Council:  April 5, 2016

 

Attest:  ____________________

                     City Clerk