1.    Election of Officers

A.    Mr. Weber stated that the Board must elect one Chair tonight and opened the floor for nominations.

B.    Call for vote:

1.        Motion by Ms. Owen, seconded by Mr. Fenton to elect Art Weber as Chair.

2.        There were no further nominations.

3.        Vote: 4-0-0.  

C.   Mr. Weber was elected as Chair and proceeded to preside over the meeting.

2.    Approval of the minutes of the November 13, 2024 regular Planning Board meeting and November 6, 2024 special meeting.

A.    Motion by Mr. Vaillancourt, seconded by Mr. Fenton to approve both minutes. Vote: 4-0-0.

3.    Correspondence

A.    Memorandum of the Administrative Officer dated November 20, 2024 regarding approval of the application of Mello Realty, Inc. for Final Plan approval of a Major Land Development Project for the construction of four (4), 14,400 sq.ft. commercial buildings, with each holding twelve (12) tradesman units, with parking, and other site improvements. Property located on 300 Coddington Hwy, Tax Assessors Plat 103, Lot 103.

B.    Letter from Matthew H. Leys, Esq. dated December 4, 2024 regarding a request for continuation of the Seascape Holdings LLC application to allow his client Michael W. Miller to attend and testify at the next public hearing.

C.   Motion by Mr. Fenton, seconded by Mr. Vaillancourt to receive both correspondence. Vote: 4-0-0.

4.    Agenda modifications

A.    The remaining items were heard in the following order: 5A, 5B, 6B, 6A, and 7.

5.    Old Business

A.    Public Hearing – Application for combined Preliminary and Final Development Plan Review by Jeff Lipshires on behalf of CCE Development, LLC for adaptive reuse of an existing commercial building to establish an 8-unit multi-family dwelling structure under the provisions of Middletown Zoning Ordinance Section 728. Property located at 499 East Main Road, Tax Assessors Plat 113, Lot 27.

1.         Attorney Jay Lynch stated the applicant is in the process of obtaining a traffic study and requested a continuance to the January 8, 2025 meeting.

2.         Motion by Ms. Owen, seconded by Mr. Fenton to continue and extend the application to January 8, 2025. Vote: 4-0-0.

B.    Public Hearing – Application of Seaview Inn LLC for Master and Preliminary Plan approval of a Major Land Development Project for the construction of a 12,000 sq. ft. hotel consisting of 72 units, with parking, utility, stormwater, and other site improvements. The application includes request for a special use permit per Sections 602 and 1401 of the Middletown Zoning Code to allow a hotel building in the office park (OP) zoning district. Requests for waivers from certain provisions of the commercial development design requirements of Section 521 of the Middletown Rules and Regulations Regarding the Subdivision and Development of Land as follows: Sections 521.1.B.2; 521.1.B.3; and 521.3.C.1. Property located at 240 Aquidneck Ave., Tax Assessor’s Plat 115, Lot 54. (This item is not expected to be heard during the December 11^th meeting but may be continued to a future meeting.)

1.         Mr. Wolanski shared the applicant is revising the plans after receiving comments from TRC and the Roads and Utilities Advisory Committee. The applicant will resubmit and readvertise the application. Mr. Wolanski suggested a continuance to the January meeting.

2.         Mr. Weber requested a site visit.

3.        Motion by Ms. Owen, seconded by Mr. Vaillancourt to continue this item to the January 8, 2025 meeting. Vote: 4-0-0.

6.    New Business

A.    Public Hearing – Application of Aquidneck Commerce Center, LLC for combined preliminary and final Development Plan Review for a 64’ x 40’ second-story addition of office space to an existing commercial building within an existing mixed-use development. The application includes requests for waivers from certain provisions of the commercial development design requirements of Section 521 of the Middletown Rules and Regulations Regarding the Subdivision and Development of Land, including sections 521.2.C for exterior building materials, and 521.2.D. for proposed flat roof. Property located at 811 Aquidneck Ave, Tax Assessors Plat 114, Lot 504.

1.         Motion by Mr. Fenton, seconded by Ms. Owen to open the public hearing. Vote: 4-0-0.

2.         Attorney Jay Lynch represented the applicant and shared the proposal is to build a second story addition on an existing commercial building. Mr. Lynch provided a revised parking plan dated December 4, 2024 which moved the three parking spots on the south side of the building to a new location after receiving comments from TRC. The applicant also provided updated elevations dated December 11, 2024 showing the elevations facing the public way meet the 20% minimum glazing requirement.

3.        Mr. Vaillancourt asked whether the revised layout provides adequate Fire Department access which Mr. Lynch confirmed.

4.        Mr. Wolanski stated the applicant addressed the two suggested conditions with the revisions.

5.        Mr. Lynch stated the applicant is requesting two waivers for building materials and proposed flat roof.  

6.         Motion by Ms. Owen, seconded by Mr. Fenton to close the public hearing. Vote: 4-0-0.

7.        Motion by Mr. Vaillancourt, seconded by Mr. Fenton to approve the preliminary and final Development Plan Review application, make the required findings, and grant the two requested waivers:

1.    Requested Waivers:

a.    Section 521.2.C.1 – Materials: The applicant is requesting the use of non-traditional siding materials. The project does not meet the requirement for use of traditional materials such as wooden clapboards, shingles, patterned shingles, brick, or stone, but does propose to mimic these materials.

b.    Section 521.2.D – Roof form: The applicant is proposing a flat roof rather than a pitched roof.

2.    Vote: 4-0-0.

B.    Public Hearing - Application of Seascape Holdings, LLC for combined preliminary and final plan approval for a minor land development project for construction of a new 2,442 square foot commercial building. The application includes requests for waivers from certain provisions of the commercial development design requirements of Section 521 of the Middletown Rules and Regulations Regarding the Subdivision and Development of Land, including sections 521.2.D.2 regarding roof pitch; 521.3.D.1 regarding landscaped buffer along property line; and 521.3.D.3 regarding landscaped buffer between parking lot and building. Requests for variance include from section 603 of the Middletown zoning ordinance, Town Code Chapter 152 to allow a side setback (easterly property line) of 5.1 feet where 18.7 feet is required, and a rear setback (northerly property line) of 43.9 feet where 47.6 feet is required. Property located at 985 Aquidneck Ave., Tax Assessors Plat 113, Lot 208.

1.         Mr. Wolanski shared the applicant’s attorney agreed to a continuance at the request of the abutter’s attorney to the January 8, 2025 meeting.

2.        Mr. Fenton stated the application could have been heard tonight since the abutter had an attorney representing his interests. Mr. Fenton pointed out the applicant had a ready application and expressed disappointment with the continuation.

3.        Motion by Mr. Vaillancourt, seconded by Ms. Owen to continue this item to the January 8, 2025 meeting. Vote: 4-0-0.

7.    Updates

A.    Status Report on Planning Board action items.

1.         No comments.

B.    Committee reports

1.        Comprehensive Plan Update Committee – Mr. Wolanski shared a meeting is scheduled for tomorrow and the consultants will go over the Resiliency and Land Use Elements.

2.        Tree Commission – A meeting is scheduled for tomorrow.

3.        Open Space and Fields Committee – No updates.

4.        Conservation Commission – No updates.

C.   Upcoming meetings:

1.        December 12, 2024, 6pm – CPUC meeting.

2.        January 8, 2025, 6pm – Regular Planning Board meeting.

3.        January 9, 2025, 6pm – CPUC meeting.

Motion by Mr. Fenton, seconded by Mr. Vaillancourt to adjourn. Vote: 4-0-0

Meeting adjourned at approximately 6:20pm.

Respectfully submitted,

Mike Fenton, Secretary