1.    Approval of the minutes of November 12, 2025 regular Planning Board meeting

1. Mr. Croce noted that he calls for motions but does not make the motion himself and asked that this would be amended on pages 2 and 3.
2. Motion by Ms. Owen, seconded by Mr. Amarant to approve the November 12, 2025 meeting minutes as amended. Vote: 6-0-0.

2.    Correspondence

a.    Memorandum of the Town Planner dated November 18, 2025, regarding Administrative Subdivision – Application of 15 Aquidneck Avenue, LLC involving properties located at 15 Aquidneck Ave., and further identified as Lots 36, 37, 37A, 38A on Assessor’s Plat 116NW.

b.    Motion by Ms. Owen, seconded by Mr. Vaillancourt to receive the correspondence. Vote: 6-0-0.

3.    Agenda modifications

a.    No changes to agenda.

4.    Old & New Business

a.    Public Hearing – Application of Derek Savas for Preliminary Plan approval of a Minor Land Development Project for a proposed 2,687 square foot commercial building to house an arcade, including request for a special use permit per zoning ordinance sections 602 and 902 to allow the arcade use in the limited business traffic sensitive (LBA) zoning district. Waivers from design requirements of Section 521 of the Subdivision & Land Development Regulations are requested, including sections 521.1.B.3; 521.1.E.2; 521.1.E.3; 521.2.B.1; and 521.2.C.  Property located at 40 Valley Road, and further identified as Tax Assessors Plat 107NE, Lot 402A.

                                          i.     Motion by Ms. Owen, seconded by Mr. Vaillancourt to open a public hearing. Vote: 7-0-0.

                                         ii.    Mr. Amarant recuses himself from the application.

                                        iii.    Attorney Girard Galvin, Seth Lemoine of Principe Engineering, Dan Herchenroether of Herk Works Architects Group, and James Houle were present on behalf of the applicant, Derek Savas.  Atty. Galvin went over the history of the mini golf project, explaining that phase two involves building the arcade.  Last year the applicant received approval from the Town Council to allow indoor recreation by Special Use Permit, where it was previously prohibited in the Limited Business District.

                                       iv.    Atty. Galvin discussed the five waiver requests that were submitted as part of the preliminary plan approval for the minor land development.  After concessions by the applicant only one waiver request remains regarding the proposed walkway. 

                                         v.    Mr. Savas explained that as the mini golf course is seasonal, the arcade would act as a complimentary year around recreational venue.  There have been no nuisance issues with the mini golf course in almost three seasons since it first opened.  Mr. Savas has maintained a good relationship with Mr. Neves, a direct abutter, and no abutters object to the proposal.

                                       vi.    Mr. Savas described the one remaining waiver request for pedestrian access from Valley Rd. He stated that he has not seen any pedestrian traffic coming from Valley Rd, only vehicular traffic. Pedestrian and bicycle traffic sometimes appears from the residential area to the rear of the building, along Buck and Bristol Rds.

                                      vii.    Seth Lemoine, from Principe Engineering, Inc. reviewed the Site Plan explaining that stormwater controls most of which was incorporated into phase 1, would be able to handle a 100 year storm.  The existing system in place was not adequate for both facilities and would not be incorporated into the new system. 

                                     viii.    Mr. Lemoine discussed the waiver requests that have since been resolved:

1.    A single trash receptacle has been proposed at the rear of the building.

2.    An HVAC condenser unit would be located in the rear of the building, incorporating landscape screening.

                                       ix.    Dan Herchenroether of Herk Works Architects Group reviewed the architecture of the proposed building.  The ingress and egress doors are located in the west (facing Valley Rd.) and south facades of the building rather than the north and east, that face residential areas.  Since the building is recessed into the grade in the rear it is impossible for people to congregate around the rear of the building and can only do so at the front facing Valley Rd.

                                         x.    Mr. Galvin explained that since the application was submitted Mr. Savas has agreed to the following:

1.    The use of cedar wood shingles, wood trim and clapboard along the bottom two feet of siding, in compliance with town regulations.

2.    Windows, behind which will be solid walls, will be incorporated into the north and east facades facing the neighbors to give the appearance of external windows but not allow noise to escape. 

                                       xi.    Atty. Galvin submitted Mr. Houle’s report to the Board. The report discussed the following topics:

1.    As an in-fill development in a commercial corridor the project is consistent with the town’s comprehensive plan.  As the legislative arm of the comprehensive plan the zoning code allows this particular use with a Special Use Permit.

2.    The development is consistent with the requirements for a Special Use Permit, in Section 902.  It will not create any diminution of property values in the surrounding areas.  The recreational use is compatible with the existing structure and similar in architectural design.

3.    While the mini golf is open air and has not yielded any complaints it is unlikely that the arcade contained within a building would either.  The rear of the building is 100 feet from the rear property line along the residential neighborhood and will be screened with a double row of arborvitaes. This will limit any possible impacts on the surrounding neighborhood.

4.    Mr. Houle stated that if the pedestrian walkway were built it would only encourage residents of the neighborhood to cut through the lot to traverse Valley Rd., which does not have a quality sidewalk.

                                      xii.    Mr. Croce, invited members of the public to speak.

                                     xiii.    Matthew Krasenski, of 110 Wintergreen Drive, a recent appointee as Secretary of the Conservation Committee, stated that a walkway from Valley Rd, to the arcade should connect to existing pathways cutting through the lot from the residential neighborhood to Valley Rd.  This could bring more business to Mr. Savas and also help Middletown reach its goal of becoming more walkable.

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

                                      xv.    Motion by Ms. Owen, seconded by Mr. Vaillancourt to approve the Special Use Permit, subject to findings and four conditions from the Technical Review Committee and the additional condition to address the one waiver request to be satisfied by the submission of revised plans prior to permitting.  Mr. Huttler, offered condition stating the applicant develop and update as appropriate a management and operations plan addressing noise and safety and that senior management shall enforce said plan and train lesser staff in implementing the plan. The addition if this condition was agreed to, for a total of nine conditions Vote: 6-0-0.

                                     xvi.    Motion by Ms. Owen, seconded by Mr. Vaillancourt to approve the Land Development Project, subject to the same findings and conditions. Vote: 6-0-0.

                                    xvii.     Motion by Ms. Owen, seconded by Mr. Vaillancourt to approve the one remaining waiver request regarding the walkway from Valley Rd. to the facility. Vote: 6-0-0.

b.    Public Hearing - Request of the Town of Middletown for Master Plan approval for an affordable housing comprehensive permit application submitted pursuant to Middletown Zoning Ordinance, Article 17 Low and Moderate Income Housing- Comprehensive Permit, for development of 36 units of affordable single-family and multi-family housing. Property located at 351, 361, and 393 East Main Road, Assessor’s Plat 113, Lots 22, 23, and 23A. The application includes requests for adjustments from sections of the Middletown Zoning Ordinance, Town Code Chapter 152 as follows: §602, to allow a multi-family development project where not permitted in the R-20A zoning district;  §702 to allow more than one principal building on a single lot; §1500 to allow multi-family dwelling units without complying with every provision of Article 15; §1504 to allow a lot area of 271,218 square feet where a minimum of 360,000 square feet is required for the number and size of proposed dwelling units; §1505 to allow less than the required amount of open space; §1507 to allow parking within 25 feet of a dwelling structure; and §1508 to allow less than the required separation between principal buildings on the property.

5.    Updates

1. Status Report on Planning Board action items.
2. Committee report:

                                          i.        Comprehensive Plan Update Committee – Mr. Wolanski noted the final meeting will be held December 11, 2025 to review final comments and vote to forward the draft comprehensive plan to the Planning Board for review.

                                         ii.        Tree Commission – Ms. Owen stated that the next meeting would be held on December 11, 2025.

                                        iii.        Open Space and Fields Committee – Mr. Fenton stated that the next meeting would be held December 17, 2025.

                                       iv.        Conservation Commission – Mr. Amarant stated that the Conservation Committee has a new chairperson, Ms. Melissa Welch, and that Mr. Skirzenski has joined as the new Secretary.

                                         v.        Middletown Center Citizen’s Advisory Committee – Mr. Fenton stated that all further meetings have been put on hold.

3. Upcoming meetings:

                                          i.        Joint Planning Board/Town Council Meeting – February 17, 2025

                                         ii.        Comp Plan Update Committee meeting – December 11, 2025

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

Meeting adjourned at approximately 8:30 pm.

Respectfully submitted,

Mike Fenton, Secretary