|
| PLANNING DEPARTMENT TOWN OF MIDDLETOWN 350 East Main Road, Middletown, RI 02842 (401) 849-4027 | MiddletownRI.com |
PLANNING BOARD MINUTES
Regular Meeting
May 14, 2025, 6pm
Town Council Chambers – Town Hall
350 East Main Road
Middletown, RI 02842
Board members present:
Paul Croce, Chair
Charlie Vaillancourt, Vice Chair
Michael Fenton, Secretary
B.J. Owen
Leon Amarant
Joe Pierik
Steve Huttler
Also present:
Ron Wolanski, Town Planner
Michael Monti, Assistant Town Solicitor
Anita Guo, Principal Planner
Mr. Croce called the meeting to order at 6:00pm.
1. Approval of the minutes of the April 9, 2025 regular Planning Board meeting and the April 3 and April 24, 2025 special meetings.
- Motion by Mr. Vaillancourt, seconded by Mr. Fenton to approve the April 9, 2025 minutes. Vote: 7-0-0
- Motion by Ms. Owen, seconded by Mr. Vaillancourt to approve the April 3, 2025 minutes. Vote: 7-0-0
- Mr. Fenton suggested edits to the April 24, 2025 minutes including typo corrections and clarifying drive-thrus in the overlay district.
- Motion by Ms. Owen, seconded by Mr. Vaillancourt to approve the April 24, 2025 minutes as amended. Vote: 7-0-0.
2. Correspondence
e. Memorandum of the Town Planner dated April 11, 2025 re: Administrative Subdivision – Application of Ari Ellis & Sabrina Holkar-Ellis and Richard J. & Claudia H. Ball involving properties located at 535 & 561 Indian Ave., and further identified as Lots 300 & 301 on Assessor’s Plat 129
f. Memorandum of the Town Planner dated April 15, 2025 re: Administrative Subdivision – Application of David & Carol Shaw involving properties located at 149 Mitchell’s Ln, and further identified as Lots 1A & 1B on Assessor’s Plat 123
g. Motion by Ms. Owen, seconded by Mr. Vaillancourt to receive both correspondence. Vote: 7-0-0.
3. Agenda modifications
h. The remaining agenda items were heard in the following order: 4A, 5A, 5F, 5H, 5B, 5C, 5D, 5E, 5G, 5I, and 6.
4. Old Business
- 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.
i. Attorney Jay Lynch was present and shared that the receiver of the applicant decided to move ahead with this application and asked for a continuance to the July regular meeting to allow time to gather experts and the traffic report.
ii. Motion by Ms. Owen, seconded by Mr. Vaillancourt to continue this item to the July 9, 2025 regular Planning Board meeting. Vote: 7-0-0.
5. New Business
j. Public Hearing – Application of CGRI Middletown, LLC for combined Preliminary and Final Plan approval of a Minor Land Development Project for the construction of a 1,940 +/- sq. ft. bank with a drive-thru PTM lane, parking, landscaping, stormwater management, utilities, and other site improvements, and including 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 521.1.B.1; 521.1.B.2; 521.1.E.4 and 521.3.D.1. The application includes requests for special use permits per Middletown Zoning Ordinance Section 602 to allow alteration to an existing shopping center, Section 717 to allow a drive-up window, and Section 1212 to allow a sign 26’ in height where 10’ is allowed and 177 sq. ft. where 80 sq. ft. is allowed, and a request for variance from zoning ordinance Section 1305 to provide 0 loading spaces where 1 is required. Property located at 1400 West Main Road, Tax Assessors Plat 106, Lot 53A (The applicant has requested a continuance of this matter to the June 11, 2025 meeting. It will not be heard on the May 14th.)
i. Mr. Wolanski shared he spoke to the attorney Dave Martland and the applicant is requesting a continuance to the July 9th meeting.
ii. Motion by Ms. Owen, seconded by Mr. Vaillancourt to continue this item to the July 9, 2025 regular Planning Board meeting. Vote: 7-0-0.
k. Public Hearing - Request of Oxbow Farms Realty Associates for a waiver from design standards section 521.2.B.2 of the Middletown Rules and Regulations Regarding the Subdivision and Development of Land for proposed installation of replacement windows not meeting design requirements in existing buildings located on Rogers Lane, Assessor’s Plat 105, Lot 280, 281, 282, 283, 284, 287, 288, 289, and 291
i. Kari Corveno, Property Manager Director representing Oxbow Farms Realty Associates was present and shared that they are in the middle of a project to replace the windows in all of the buildings in the Oxbow Farms complex. They received a waiver last year to replace the windows on building 4. The request tonight is for a waiver to replace the remaining 2,000 windows on the other buildings.
ii. Ms. Owen stated she finds no reason to not approve the request, and this will allow the new windows to match the other buildings. Mr. Croce agreed with Ms. Owen.
iii. Motion by Mr. Fenton, seconded by Mr. Vaillancourt to open the public hearing. Vote: 7-0-0.
iv. No members of the public wished to speak.
v. Motion by Ms. Owen, seconded by Mr. Vaillancourt to close the public hearing. Vote: 7-0-0.
vi. Motion by Ms. Owen, seconded by Mr. Vaillancourt to grant requested waiver.
1. Mr. Fenton asked whether this waiver request will allow the applicant to complete the whole project which Ms. Corveno confirmed.
2. Vote: 7-0-0.
l. Public Hearing - Application of Matos Enterprises LLC for combined Preliminary and Final Development Plan Review for a 1,834+/- sq. ft. second floor addition to an existing commercial building including request for waiver(s) 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 521.2.C. The application includes a request for variance from Middletown Zoning Ordinance Section 603 to construct a second-floor addition located 45 ft from the front, 7.1 ft from the side, and 9.4 ft from the rear property lines, where minimum setbacks of 10 ft (front and side) and 20 ft (rear) are required. Property located at 1521 West Main Rd, Tax Assessors Plat 111, Lot 36A.
i. Motion by Mr. Fenton, seconded by Mr. Vaillancourt to open public hearing. Vote: 6-0-0.
ii. Mr. Amarant recused from this item.
iii. Applicant Helio Matos was present and shared he and his wife want to open a dental office at the site and add second floor addition for staff use. Mr. Matos provided renderings to the Board and went over the existing and proposed building designs, the existing building setbacks, and the siding waiver request. Mr. Matos shared they are requesting vinyl siding which matches what the nearby residential areas are using.
iv. Mr. Fenton asked about the location of the siding which Mr. Matos stated all siding for the entire building needs to be replaced.
v. Pierik asked if the applicant reviewed other siding options. Mr. Matos shared they looked at an engineered wood option designated as option “B”.
vi. There was discussion about the variance request for the existing nonconforming setback. Since the applicant is building an addition, the applicant has to request a variance despite maintaining the existing setbacks.
vii. Mr. Vaillancourt expressed that he preferred materials other than vinyl siding. Mr. Huttler asked for a more finished look with no vinyl. Mr. Fenton and Mr. Croce shared similar sentiments.
viii. Mr. Croce asked about the number of dentists on site and possible traffic impacts. Mr. Matos shared there will be two dentists and stated there is no significant impact from the previous chiropractor use and that the 2nd floor would be laboratory and office space.
ix. There was discussion about the proposed PVC trim materials. Mr. Matos and Mr. Fenton shared that PVC trim is a premium product.
x. Mr. Croce opened the floor for comments. No one wished to speak.
xi. Motion by Ms. Owen, seconded by Mr. Vaillancourt to close the public hearing. Vote: 6-0-0.
xii. Motion by Mr. Vaillancourt, seconded by Mr. Fenton to approve the variance request from Zoning Ordinance §603 to construct a second-floor addition located 45 ft from the front, 7.1 ft from the side, and 9.4 ft from the rear property lines, where minimum setbacks of 10 ft (front and side) and 20 ft (rear) are required (existing) and to make the required findings. Vote: 6-0-0.
xiii. Motion by Vaillancourt, seconded by Mr. Fenton to approve preliminary and final plan of a development plan review, grant requested waiver using option “B” siding and PVC board trim, and make the required findings.
1. Requested waiver:
a. Section 521.2.C.1 – Materials: The applicant is requesting the use of non-traditional materials such as PVC boards and wood-grain vinyl siding.
2. Vote: 6-0-0.
m. Public Hearing - Application of Samuel’s Realty Co., Inc. and David & Carol Bazarsky for combined Preliminary and Final Plan approval of a Minor Land Development Project for a 1,494+/- sq. ft. building addition to an existing commercial building including an administrative subdivision application, landscaping, and 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.A.2, 521.2.B.1, and 521.2.B.2. The application includes requests for variance from Middletown Zoning Ordinance Section 603 to reduce the rear yard setback from 29.5 ft to 20.3 ft, where 50 ft is required and to reduce the lot area from 17,641 sq.ft. to 17,147 sq.ft., where 20,000 sq.ft is required for property located at 716 Aquidneck Ave, Tax Assessors Plat 114, Lot 107A; and variance from Middletown Zoning Ordinance Section 1301(D) to allow off-street parking within 10 feet of a property line for property located at 698 and 710 Aquidneck Ave, Tax Assessors Plat 114, Lot 107B and 107. Project located at 698, 710, and 716 Aquidneck Ave, Tax Assessors Plat 114, Lot 107B, 107, and 107A.
i. Mr. Huttler and Mr. Amarant recused from this item.
ii. Motion by Ms. Owen, seconded by Mr. Vaillancourt to open public hearing. Vote 5-0-0.
iii. Applicant Jason Bazarsky represented Samuel’s Realty Co and stated that one of his tenants at the Polo Center needs additional space and thus, is requesting a building addition. There was discussion about how the Polo Center development is made up of multiple lots and therefore would need to adjust lot lines and request variances to address the change. The project includes a driveway easement and requests for waivers on glazing percentage and window design.
iv. Mr. Croce asked for clarification on the adjustment of property lines. The lot lines on the three lots need to be adjusted so the building addition can be built on Lot 107B. The setback and lot area on Lot 107A would have to be reduced as a result.
v. Ms. Owen shared the site visit was helpful.
vi. Mr. Pierik applauded the Polo Center’s redevelopment projects and expressed being in favor of the project.
vii. Mr. Fenton expressed the changes are good and asked for further clarification on the adjustment of lot lines. Mr. Bazarsky shared nothing will change on the ground regarding the lot lines.
viii. Engineer Mike Russell shared the amount of green space will increase and the existing driveway will become narrower. There is a reduction of around 200 square feet in impervious area.
ix. Mr. Croce pointed out some typos on the development impact statement that need to be fixed.
x. No members of the public wished to speak.
xi. Motion by Ms. Owen, seconded by Mr. Vaillancourt to close the public hearing. Vote: 5-0-0,
xii. Motion by Mr. Vaillancourt, seconded by Ms. Owen to approve the variance requests and make the required findings:
1. Requested zoning relief:
a. Variance from Zoning Ordinance §603 to reduce the rear yard setback from 29.5 ft to 20.3 ft, where 50 ft is required and to reduce the lot area from 17,641 sq.ft. to 17,147 sq.ft., where 20,000 sq.ft is required for property located at 716 Aquidneck Ave, Tax Assessors Plat 114, Lot 107A
b. Variance from section 1301(D) to allow off-street parking within 10 feet of a property line for property located at 698 and 710 Aquidneck Ave, Tax Assessors Plat 114, Lot 107B and 107
2. Vote: 5-0-0.
xiii. Motion by Mr. Vaillancourt, seconded by Ms. Owen to approve the preliminary and final plan of a minor land development project, grant the requested waivers, and make the required findings, subject to one condition:
1. Requested waivers:
a. Section 521.2.B.1 – Windows and glass doors occupy between 20% and 60% of the façade visible from the public way. The proposed north elevation façade visible from Green End Ave occupies only 9% of the façade.
b. Section 521.2.B.2 – Where consistent with overall building design, windows are of true or simulated divided-light design. Proposed window design is consistent with the overall design of the building but is not true or simulated divided-light design.
2. Condition:
a. Prior to permitting, the plans will be revised to show the sewer and water lines, subject to the approval of the Public Works Director.
3. Vote: 5-0-0.
n. Public Hearing - Application of 50 Enterprise Residences, LLC on behalf of KVH Industries Inc. for combined Preliminary and Final Development Plan Review for an adaptive reuse of an existing commercial building to establish a 82-unit multi-family dwelling structure under the provisions of Middletown Zoning Ordinance Section 728, including 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 521.2.B.2 and 521.2.C. Property located at 50 Enterprise Dr., Tax Assessors Plat 113, Lot 15F.
i. Mr. Amarant and Mr. Huttler returned.
ii. Motion by Ms. Owen, seconded by Mr. Vaillancourt to open the public hearing. Vote: 7-0-0.
iii. Attorney Jay Lynch represented the applicant. The proposal is to reuse the existing office building and convert it to 82 residential units for rent with 277 existing parking spaces. The application received a positive recommendation from the TRC with one suggested condition. The applicant is requesting two waivers for window design and building materials. Mr. Lynch stated the existing landscaping meets the standards but there is possibility for future landscaping and the applicant agrees to meet with the Tree Commission for their comments and review. No affordable units are being proposed but there are smaller units such as studios and rent will be commensurate with the size.
iv. Applicant Chris Bicho went over the proposal for long term rental units and stated it is an opportunity to add housing stock. The proposal has a lesser impact on traffic compared to the previous use.
v. Mr. Fenton asked about the abundance of parking spaces which Mr. Bicho shared the possibility of adding additional units in the future.
vi. Mr. Vaillancourt and Mr. Amarant expressed their support.
vii. Mr. Amarant expressed concern with the additional bathrooms and impacts on sewer and water infrastructure and asked for a study on the development impacts.
viii. Engineer Molly Titus shared they have letters from Newport Water and Middletown DPW and there is no concern with sewer capacity.
ix. Mr. Croce asked about impacts on fire, police, and schools and how they were not addressed in the development impact statement and asked for it to be revised. Mr. Amarant agreed with Mr. Croce. Ms. Titus shared a traffic study was done based on the previous use and traffic is projected to decrease by converting to residential uses.
x. Mr. Pierik stated it would be helpful to show the impact on schools which the applicant stated the impact would be negligible with only 12 two-bedroom units. Mr. Lynch also shared the comprehensive plan support more housing and adaptive reuse.
xi. There was discussion about how the traffic study was done.
xii. Mr. Croce expressed that it is a terrific project but the development impact statement is valuable.
xiii. Ms. Owen and Mr. Vaillancourt expressed their support.
xiv. No members of the public wished to speak.
xv. Motion by Ms. Owen, seconded by Mr. Vaillancourt to close the public hearing. Vote: 7-0-0.
xvi. Motion by Mr. Vaillancourt, seconded by Mr. Amarant to approve the preliminary and final development plan review, grant the requested waivers, and make the required findings, subject to the following conditions of approval:
1. Requested Waivers:
a. Section 521.2.B.2 – Window design: Proposed window design is consistent with the overall design of the building but is not true or simulated divided-light design.
b. Section 521.2.C. – Materials: The applicant is proposing the use of non-traditional material(s) such as a decorative building shroud.
2. Conditions:
a. Prior to permitting, the applicant shall provide a CCTV recording of the sewer service from Enterprise Drive to the subject building to survey conditions.
b. The applicant shall submit letters from the utility departments regarding public water and sewer availability.
3. Vote: 7-0-0.
o. Public Hearing - Application of Ocean State Holdings of 310 West Main Road, LLC for combined Preliminary and Final Development Plan Review for the reconstruction of an existing 1,500+/- s.f. commercial building including installation of garage doors, including 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 521.2.A.4, 521.B.2, and 521.2.C. Property located at 310 West Main Rd., Tax Assessors Plat 108NW, Lot 16801.
i. Mr. Wolanski shared he spoke with attorney Bob Silva and the public notice needs to be revised to reflect the changes to the plans. The applicant requested a continuance to the June 11th meeting.
ii. Motion by Ms. Owen, seconded by Mr. Vaillancourt to continue this item to the June 11, 2025 regular Planning Board meeting. Vote: 7-0-0.
p. Review of projects included in the proposed FY26-FY35 Middletown Capital Improvement Program to determine consistency with the goals and policies of the Middletown Comprehensive Community Plan.
i. Mr. Amarant raised comments on structure of document. Mr. Croce said the board’s purview is to find consistency with comprehensive plan.
ii. Mr. Huttler stated he finds the items compliant with the comprehensive plan.
iii. Motion by Mr. Huttler, seconded by Ms. Owen to find the proposed FY26-FY35 Middletown Capital Improvement Program consistent with the comprehensive plan. Vote: 7-0-0.
q. Review of the list of projects in the Town’s PY2023-2024 Community Development Block Grant (CDBG) application to determine consistency with the goals and policies of the Middletown Comprehensive Community Plan.
i. Bob Plain representative of Church Community Housing Corporation was present and requested the Board to consider certifying the list of projects not in conflict with the comprehensive plan.
ii. Mr. Plain shared brief description of projects: repairing a private road Bloom Court, funding for a new behavior health urgent care facility, staff costs for Lucy’s Hearth a family shelter, support to make repairs to Looking Upwards housing for adults with development disabilities. There was discussion about how a facility located in Newport serves the whole State.
iii. Mr. Fenton shared he does not find the projects in conflict with the comprehensive plan.
iv. Motion by Ms. Owen, seconded by Mr. Vaillancourt to indicate that the Planning Board found the projects not in conflict with the Comprehensive Community Plan. Vote: 7-0-0.
r. Review and recommendation to the Town Council on proposed amendments to Town Code Chapter 152, zoning ordinance Section 603 regarding dimensional requirements for two-family dwelling, multi-family dwelling structure, and multi-family dwelling project.
i. Mr. Wolanski shared the recent proposed amendments to the use table resulted in allowing two-family dwellings by special use permits in R-40 and multifamily in R-10 and R-20. The change would need to include dimensional requirements that did not exist before and provided the proposed setbacks.
ii. Motion by Mr. Vaillancourt, seconded by Ms. Owen to forward a positive recommendation to the Town Council to adopt the dimensional requirements for two- and multi-family dwellings as stated in the Town Planner’s memo. Vote: 7-0-0.
6. Updates
s. Status update on housing legislation introduced in the 2025 General Assembly session.
i. Mr. Wolanski shared the Senate will take up the proposed bills and it looks like most are moving forward and possibly adopted. There was discussion about revisiting inclusionary zoning.
- Status Report on Planning Board action items.
i. No comments.
- Committee reports
i. Comprehensive Plan Update Committee – Mr. Wolanski shared the committee met last week and public workshop is scheduled for June 12th on policies. The committee decided to skip the July and August meetings while planning staff and the consultant work on the draft for September. A recommendation to the Town Council is on track for the Fall. Mr. Fenton encouraged everyone to attend public workshop.
ii. Tree Commission – Ms. Owen shard the Commission is working on cleaning up Valley Park and Albro Woods.
iii. Open Space and Fields Committee – No updates.
iv. Conservation Commission – No updates.
- Upcoming meetings:
i. June 11, 2025, 6pm – Regular Planning Board meeting.
ii. June 12, 2025, 6pm – CPUC public workshop meeting.
Motion by Mr. Huttler, seconded by Mr. Vaillancourt to adjourn. Vote: 7-0-0
Meeting adjourned at approximately 7:55pm.
Respectfully submitted,
Mike Fenton, Secretary