1.    Approval of the minutes of the December 11, 2024 regular Planning Board meeting and December 6, 2024 special meeting.

A.   Motion by Ms. Owen, seconded by Mr. Vaillancourt to approve both minutes. Vote: 6-0-0.

2.    Correspondence

A.   Memo of the Town Planner dated December 13, 2024 regarding administrative subdivision application of St. George’s School involving properties fronting on Purgatory Rd. and Ashurst Ave., and further identified as Lots 78, 92, 93 & 94 on Assessor’s Plat 122.

1.        Motion by Mr. Fenton, seconded by Ms. Owen to receive said correspondence. Vote: 6-0-0.

B.    Letter from Attorney Matt Leys dated December 31, 2024 regarding application of Seascape Holdings, LLC, and submission of a Land Use and Planning Report and of Michael and Karen Miller’s Memorandum in Opposition to Applicant’s Proposed Parking Spaces.

C.   Memo from Seascape Holdings, LLC by its Attorney Joshua S. Parks dated January 6, 2025 in response to Michael and Karen Miller’s Memorandum in Opposition.

D.   Motion by Mr. Fenton, seconded by Ms. Owen to receive both correspondence. Vote: 6-0-0. 

3.    Agenda modifications

A.    No changes to the agenda.

4.    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.         Mr. Monti recused from this item.

2.        Attorney Jay Lynch shared the applicant is requesting a continuance to the March 12, 2025 meeting to complete the traffic study.

3.         Motion by Ms. Owen, seconded by Mr. Vaillancourt to continue this item to the March 12, 2025 meeting. Vote: 6-0-0.

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.

1.         Mr. Amarant recused from this item.

2.         Mr. Wolanski shared the applicant’s attorney is not present tonight and the item is not properly advertised. Mr. Monti advised the Planning Board to continue this item to the next meeting or deny the application.

3.        Mr. Regan shared that he had spoke with the applicant’s attorney Dave Martland and the applicant is requesting a continuance to the next meeting.

4.        Motion by Mr. Vaillancourt, seconded by Mr. Fenton to continue this item to the February 12, 2025 meeting. Vote: 5-0-0.

C.   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. Vaillancourt recused from this item.

2.        Mr. Wolanski shared that additional materials were presented and suggested a continuance to the next meeting to allow the consulting Engineer to review the items. Mr. Wolanski shared there has been communication between the attorneys and they agreed to a continuance and no experts are present tonight.

3.        Mr. Pierik agreed that he also needs additional time to review the new information.

4.        Mr. Weber encouraged attorneys to speak about facts about the project.

5.        Motion by Ms. Owen, seconded by Mr. Pierik to continue this item to the February 12, 2025 meeting and to forward the correspondence to the consulting Engineer for review. Vote: 5-0-0.

5.     New Business

A.   Public Hearing - Consideration of adoption of proposed amendments to the Middletown Rules and Regulations Regarding the Subdivision and Development of Land necessary to address amendments to state law passed in the 2024 session of the RI General Assembly, including amendments to sections 406 & 407 regarding application review procedures; sections 701, 702 & 703 regarding improvement guarantee requirements; sections 904, 906 & 909 regarding application procedures, and sections 1003, 1005, and 1006 regarding development plan review procedures, and recommendation to the Town Council for ratification of the amendments.

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

2.        Mr. Wolanski shared these amendments are related to the 2024 RI General Assembly legislation. Mr. Wolanski provided an overview of all the proposed amendments related to public hearing notices, dimensional requirements for nonconforming lots, definitions, changes to procedures of land development and subdivision applications, performance security changes, and wetlands and onsite wastewater treatment systems.

3.        The floor was open to the public for comments. No members of the public wished to speak.

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

5.        Motion to Ms. Owen, seconded by Mr. Vaillancourt to adopt the proposed amendments to the Middletown Rules and Regulations Regarding the Subdivision and Development of Land and to forward them to the Town Council with a positive recommendation. Vote: 6-0-0

B.    Consideration of, and recommendation to the Town Council on proposed amendments per 2024 state legislation to the Middletown zoning ordinance, Town Code Chapter 152, including amendments to section 320 regarding public notice requirements; sections 400 & 707 regarding wetland setback requirements; section 400 regarding definition of household, and section 805 regarding nonconforming lots.

1.        Motion by Ms. Owen, seconded by Mr. Vaillancourt to forward the proposed amendments to the Middletown Zoning Ordinance to the Town Council with a positive recommendation. Vote: 6-0-0.

C.   Request of the Town of Middletown for a waiver of the preliminary plan application submission requirement regarding obtaining permits from state agencies, and request for the Planning Board to schedule a special meeting to be held on February 26, 2025 to hear the preliminary plan application for the proposed middle/high school project. Properties located at 1113 & 1199 Aquidneck Ave., Tax Assessor’s Plat 113, Lots 199 & 198A.

1.        Mr. Monti recused from this item.

2.        Attorney Peter Regan represented the applicant, Town of Middletown, and shared this item is for the proposed middle/high school and the project has since received master plan approval from the Planning Board. Mr. Regan is requesting a waiver from the preliminary application submission checklist of the state permits RIDEM and RIDOT approval. Mr. Regan shared the applicant’s desire to maintain the project schedule and a waiver is allowable under the state enabling act and the applicant will submit the permits prior to final plan approval. Mr. Regan shared that the conflict attorney Peter Skritz suggested that the Planning Board can apply a condition of approval of the preliminary plan on the basis of the applicant receiving the approved permits.

3.        Motion by Mr. Vaillancourt, seconded by Mr. Fenton to approve the waiver request. Vote: 6-0-0.

4.        Motion by Mr. Amarant, seconded by Mr. Vaillancourt to schedule a special Planning Board meeting for February 26, 2025 to hear the preliminary plan application of the proposed middle/high school. Vote: 6-0-0.

D.   Review and recommendation to the Town Council on a petition to amend the zoning ordinance Article 7 of Chapter 152 of the Middletown Code of Ordinances to regulate use of storage units on private property.

1.         Mr. Monti shared the Town Council wants to pass an ordinance to regulate the use of temporary storage units on private property. The ordinance would create a permit system and allow Town officials to regulate the temporary units. Mr. Wolanski shared there have been complaints from neighbors where people are keeping temporary units on residential property permanently. There is a lack of enforcement tools to regulate the units.

2.        Mr. Amarant shared he supports the regulation of the temporary storage units but does not support the $100 fee for the permit and that most construction projects that uses temporary storage units take more than six months. Mr. Monti clarified that storage units for active construction projects are exempt from this regulation.

3.        Mr. Vaillancourt expressed he does not support the $100 fee. There was discussion about the determination of the fee amount in relation to the work required to regulate the units.

4.        Motion by Mr. Vaillancourt, seconded by Mr. Amarant to forward a positive recommendation to the Town Council, make the required findings, and with the expressed reservation with the recommended $100 permit fee. Vote: 6-0-0.

E.    Consider scheduling special meeting date for a public hearing on a proposed Comprehensive Plan amendment and zoning ordinance amendments regarding the proposed Middletown Center development (tentatively scheduled for February 5, 2025, 6pm).

1.         Mr. Weber expressed hope for expedition of the meeting date.

2.        Mr. Wolanski spoke about the need for time to advertise the meeting, room availability, Board member availability, and amongst other factors that dictate the meeting date. The special meeting will be on the proposed changes to the zoning district, the Future Land Use Map, and a proposed overlay zoning district.

3.        Motion by Mr. Amarant, seconded by Ms. Owen to schedule meeting for Feb 5, 2025. Vote: 6-0-0.

6.    Updates

A.    Status Report on Planning Board action items.

1.        No comments.

B.    Committee reports

1.        Comprehensive Plan Update Committee – A meeting is scheduled for tomorrow in preparation for the public workshop meeting on January 23^rd.

2.        Tree Commission – Ms. Owen shared meeting for tomorrow to review the Tree Commission’s budget and plantings.

3.        Open Space and Fields Committee – Mr. Fenton shared the Committee spoke about Dunlap Wheeler Park and provided input to the Town Council on recommendations for Dunlap Wheeler Park.

4.        Conservation Commission – No updates.

5.         Mr. Amarant spoke about concerns with wind turbines, lights, and visual impacts on Middletown and encouraged the Planning Board and Town to review the impacts. Mr. Fenton stated he does not share similar concerns with the visual impacts. Mr. Pierik expressed concerns with the lights and impacts on property values. Mr. Monti advised Mr. Amarant to submit a request for this item to be added to the next Planning Board meeting’s agenda to allow for advertisement and public discussion.

C.   Upcoming meetings:

1.        January 9, 2025, 6pm – CPUC regular meeting.

2.        January 23, 2025 – CPUC public workshop meeting

3.        February 12, 2025, 6pm – Regular Planning Board meeting.

4.        February 13, 2025, 6pm – CPUC meeting.

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

Meeting adjourned at approximately 7:10pm.

Respectfully submitted,

Mike Fenton, Secretary