1.    Approval of the minutes of the March 12, 2025 regular Planning Board meeting and the February 5th, February 26th, March 5th and April 3rd 2025 special meetings.

1. Motion by Ms. Owen, seconded by Mr. Vaillancourt to approve the March 12, February 5, and March 5, 2025 minutes. Vote: 6-0-0.
2. Motion by Mr. Vaillancourt, seconded by Ms. Owen to approve the February 26, 2025 minutes. Vote: 6-0-0.

2.    Correspondence

1. None.

3.    Agenda modifications:

a.    Move agenda item 4A to after 5B.

4.    Old Business

a.    Discussion of possible recommendation to the Town Council regarding off-shore wind turbine development.

                                          i.    Mr. Amarant shared Middletown did file a complaint to CRMC challenging Southcoast Wind development and that recently, the Town of Nantucket filed lawsuit against Southcoast Wind. Mr. Amarant suggested the Planning Board recommend the Town Council to reach out to Nantucket and other towns and coordinate on a joint lawsuit/complaint effort.

                                         ii.    Mr, Huttler stated he does not think it is the jurisdiction of the Planning Board to recommend such action and it is the purvey of the Town Council.

                                        iii.    Mr. Monti clarified Planning Board’s role and shared Planning Board can write a memo to Town Council but this request to join a lawsuit may not be in its purvey and would likely incur costs.

                                       iv.    Mr. Amarant cited Planning Board’s responsibility to protect natural resources and seascape and asked for a statement from the Board stating its stance on this development.

                                         v.    Motion by Mr. Amarant, seconded by Mr. Vaillancourt to recommend to the Town Council that they consider weighing in on Nantucket’s action on Southcoast Wind and state that the Planning Board does not agree with the Southcoast Wind development in support of Desautel Browning Law’s memo on January 20, 2025.

1.    Mr. Fenton spoke about climate change and this is a way to reduce fossil fuels and shared there are remedies to the blinking lights. Mr. Fenton expressed his opposition to the recommendation.  

2.    Mr. Huttler shared this is out of the Board’s purvey and expressed concern with impacts to the Board’s credibility. Mr. Huttler spoke about resiliency and expressed his opposition.

3.    Mr. Amarant spoke about environmental impacts with blades falling into ocean and eyesores. Mr. Amarant expressed support,

4.    Mr. Croce agreed with Mr. Amrant’s concerns but agreed with Mr. Huttler’s position.  

5.    Vote: 2-4-0, with Mr. Amarant and Mr. Vaillancourt in support, and Mr. Huttler, Mr. Croce, Mr. Fenton, and Ms. Owen in opposition. Motion fails.

b.    Request of the Town Council for recommendation on a proposed amendment to the zoning ordinance Town Code Chapter 152, Article 12 - Signs, Section 1209 regarding window signs.

                                          i.    Building and Zoning Official Chris Costa shared the proposed amendment to increase the allowable window sign area from 15% to 25%. Mr. Costa spoke about researching 60 businesses in Town for window sign violations, 20 municipalities’ ordinances, and changing the calculation to allow cumulative windows.

                                         ii.    Ms. Owen asked Mr. Costa’s recommendation, which is 25%.

                                        iii.    Mr. Huttler asked whether this is an addition to the allowable signage which Mr. Costa confirmed those are unchanged. Mr. Huttler spoke about the Zoning Board’s concerns with tacky signs and excessive signage’s effect on aesthetics. Mr. Huttler raised the question about limiting square footage.

                                       iv.    Mr. Amarant shared he has no concerns with window signs in Town.

                                         v.    Mr. Huttler suggested 25% but no single sign is more than 12 square feet.

                                       vi.    Ms. Owen and Mr. Amarant stated they wished to go with Mr. Costa’s recommendation

                                      vii.    Mr. Monti stated the Board could approve and revisit the ordinance and further restrict it if necessary.

                                     viii.    Motion by Mr. Vaillancourt, seconded by Ms. Owen to forward a positive recommendation to the Town Council as presented, and to find the proposed amendments consistent with the comprehensive plan, and serves the purposes of zoning. Vote: 6-0-0.

5.    New Business

a.    Request for one-year extension of approval of minor land development project, special use permit, and variances for Wave Pond Hotel, LLC to May 31, 2026. Property located at 38 Purgatory Rd., Assessor’s Plat 116NW, Lot 13.

                                          i.    Mr. Amarant and Mr. Monti recused from this item.

                                         ii.    Attorney Dave Martland represented the applicant and shared the applicant is still in the process of finalizing the building plan and financing; therefore, is requesting a one-year extension of the approval.

                                        iii.    Motion by Mr. Vaillancourt, seconded by Ms. Owen to grant the one-year extension. Vote: 5-0-0.

                                       iv.    Mr. Amarant and Mr. Monti returned

2. Request of Samuel’s Realty Co., Inc. for a one-year extension of the Master Plan approval of a major land development project for a proposed mixed-use development as an expansion of the existing Polo Center property, including 60 new residential units and approximately 4,000 sq.ft. of new commercial space, with existing commercial space pursuant to Article 27A of the Middletown Zoning Ordinance. Requested extension to May 11, 2026. The subject property is located at 656 & 670-716 Aquidneck Ave., Assessor’s Plat 114, Lots 107, 107A, 107B, 107D, 107E, 108 & 109.

                                          i.    Mr. Huttler recused from this item.

                                         ii.    Motion by Mr. Vaillancourt, seconded by Ms. Owen to grant the one-year extension.

                                        iii.    Mr. Fenton asked the reason for the delay which the applicant stated there is delay due state permitting and revisions to the plans.

                                       iv.    Vote: 5-0-0.

                                         v.    Mr. Huttler returned.

c.     Discussion of potential amendments to the zoning use table, Section 602, regarding multi-family dwelling and multi-family project.

                                          i.    Mr. Wolanski spoke the Planning Board subcommittee work in updating use table over the past few years in addition to the amendments due to state law in 2023. The proposed amendments have been approved except the use allowing multifamily in R-10 and R-20. The Town Council expressed concerns and asked the Planning Board to reconsider.  

                                         ii.    There was discussion about the work of the subcommittee, Planning Board’s goal in providing more housing opportunities, and changes in state legislation.

                                        iii.    Mr. Huttler suggested recommending a favorable recommendation to the Town Council and ask to reconsider the amendment.  

                                       iv.    Mr. Vaillancourt agreed with Mr. Huttler.

                                         v.    Mr. Amarant suggested sending the amendment as originally drafted and pointed out that the use is allowed by special use, not by right.

                                       vi.    Motion by Mr. Huttler, seconded by Mr. Vaillancourt to forward a positive recommendation to the Town Council as drafted to allow multifamily housing in R-10 and R-20 by special use permit, and cited the increased demand for housing and changing statewide legal environment on housing. Vote: 6-0-0.

d.    Review summary of housing legislation introduced in the 2025 General Assembly session.

                                          i.    Mr. Wolanski shared a summary description and status of current legislation before the RI General Assembly, and shared none has been adopted in full yet.

                                         ii.    There was discussion about H5796 – which prohibited towns from only allowing single family homes in zones with public sewer and water, H5801 – allows request of master plan stage for developments, and H5798A – allows townhomes on independent lots.

                                        iii.    Mr. Croce requested that this item be kept on the agenda for discussion.

                                       iv.    Ms. Owen asked about the airport and Mr. Wolanski shared RIAC is currently doing vegetation clearance for the runway approach.

6.    Updates

1. Status Report on Planning Board action items.

                                          i.    Mr. Croce asked about airport zoning. Mr. Wolanski shared the Planning Board’s recommendation to the Town Council to adopt airport overlay zoning has been withdrawn. Mr. Wolanski shared the Town Solicitor’s concern that the overlay zoning would constitute a taking of land without just compensation and suggested that this item be further researched for consideration. There was discussion that the first step would be for RIAC to obtain easements from property owners first. Mr. Wolanski stated he would reach out to RIAC to see the status of the easements and ask for copies. Mr. Fenton asked for clarification that it is state law that requires Towns to adopt airport overlay zoning.

2. Committee reports

                                          i.    Comprehensive Plan Update Committee – Mr. Wolanski shared a meeting is scheduled for tomorrow on developing policy statements for each element and will start work on action items.

                                         ii.    Tree Commission – Ms. Owen shared there is an upcoming meeting and the group is active.

                                        iii.    Open Space and Fields Committee – Mr. Fenton shared the Committee discussed Valley trails and Dunlap Wheeler Park concepts.

                                       iv.    Conservation Commission – No updates.

3. Upcoming meetings:

                                          i.    Mr. Croce asked Mr. Wolanski to schedule a joint meeting with the Town Council which Mr. Wolanski will poll the Board for availability.

                                         ii.    April 10, 2025, 6pm – CPUC regular meeting.

                                        iii.    April 24, 2025, 6pm – Special Planning Board meeting

                                       iv.    May 8, 2025, 6pm – CPUC meeting.

                                         v.    May 14, 2025, 6pm – Regular Planning Board meeting.

Motion by Owen, seconded by Mr. Vaillancourt to adjourn. Vote: 6-0-0

Meeting adjourned at approximately 7:25pm.

Respectfully submitted,

Mike Fenton, Secretary