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T O W N O F P O R T S M O U T o w n o f P o r t s m o u t h Z O N I N G B O A R D O F R E V I E W 2200 East Main Road / Portsmouth, Rhode Island 02871 www.portsmouthri.com (401) 683-3611 OCTOBER 15, 2015 MEMBERS PRESENT: Mr. James Edwards, Chair, Mr. James Nott, Vice-Chair, Mr. James Sherrod, Secretary, Mr. John Borden, Mr. Allen Shers, First Alternate and Ms. Kathlee n Pavlakis Second Alternate. MEMBERS ABSENT: Mr. James Hall. OTHERS PRESENT: Town Solicitor Kevin Gavin was present as legal counsel for the Board, Building Official George Medeiros, and Barbara Ripa as recording secretary. Mr. Edwards opened the meeting at 7:00 p.m. I. MINUTES: The minutes of the September 17, 2015 regular meeting were presented for approval. A motion was made by Mr. Shers and seconded by Mr. Borden to accept the minutes as presented. The motion carried with all in favor , except for Mr. Nott who abstained from voting due to his absence from the meeting. II. CHAIRMAN’S REPORT: Mr. Edwards welcomed new Board member Kathleen Pavlakis who the Town Council appointed to the Board as second alternate. The Council elevated Mr. Shers to first alternate. Attorney David Martland, Silva, Thomas, Martland & Offenberg, Ltd., 1100 Aquidneck Avenue, Middletown, R I represented Greenvale Farm, LLC (Continued Business 3.). Mr. M artland said that due to the u navailability of witnesses he would request a continuance on this petition and he would also suggest that a special hearing for this petition may be appropriate. A motion was made by Mr. Nott and seconded by Mr. Borden to schedule a special meeting to hear the petition of Greenvale Farm, LLC on November 5, 2015 at 7:00 p.m. The motion carried with all in favor. III. CONTINUED BUSINESS: 1. (TC) A petition by Daniel Keating (applicant) & Pearce Anthony Farm LLC (owner) 2503 East Main Road, Portsmouth, RI for a special use permit to allow a new retail business on tax assessor’s map 36, lot 14, Art V, Sec E.1 & 14. 1 of 10 Zoning Board of Review October 15, 2015 Mr. Edwards recused himself from this petition as he is an abutter. Mr. Nott chaired the petition. Attorney Kenneth Tremblay, 181 Chase Road represented Daniel Keating (applicant) and Pearce Anthony Farm LLC (owner). The property runs from East Main Road to the Sakonnet River and a portion of the property outside the Town Center zone will be an orchard. Bill Clark, the Business Development Director, wrote a letter to the Zoning Board in favor of the petition and the Planning Board unanimously voted on a favorable advisory opinion. The Fire Department approval is all set but the road cut approval from the RI Department of Transportation and the Department of Environmental Management for the OWTS plan and storm water plan has not been received. Approval for the petition is contingent on approval from these departments. Dan Keating, 2503 East Main Road was sworn in. Mr. Keating described the activities on the farm – there is one rental house and one house he lives in with his family; he trains and boards horses on the farm . He wants to grow dwarf trees for cider. There is 2 ¼ acres at the top that is in the Town Center zone and 18 acres that is in a conservation easement. Twenty-two acres altogether. He will have a 40’ x 80’ barn-inspired structure and would vend and store sweet and hard cider. In addition, he plans a tasting room, and would have cheese, honey and Aquidneck Island style products. The building was approved by the Design Review Board. Discussion took place on the waste product of the apples, which is referred to as “pumice.” Mr. Keating said it is a highly nutritional by-product and would be stored in containers and fed to animals. It is a dry product. The building would be used for approximately 2/3 storage and 1/3 selling. Derek Hopkins, PE, 3102 East Main Road, Narragansett Engineering spoke on the project. Although Mr. Hopkins did not have a resume to submit to the Board, he reported his credentials. A motion was made by Mr. Borden and seconded by Mr. Sherrod to recognize Mr. Hopkins as an expert in the field of civil engineering. The motion carried with all in favor. Mr. Hopkins stated that the plan is to replace the two existing curb cuts with one curb cut, and the storm water management plan will catch the entire site to an underground detention system that will lead to the DOT East Main Road system. They designed the location of the building to meet all setbacks. The lighting designed by him and the architect will be dark sky compliant and there will be no seepage across the property lines. The lighting plan conforms with the Design Review Board’s recommendations. There is no traffic expert. There is only 9 parking spaces in the plan , due to the amount of traffic they expect . They do not expect the project to impact traffic. The lot is approximately op posite Rite Aid and Atria. The largest vehicle expect ed an 18-wheel vehicle and they expect it to be able pull in and maneuver safely. Neal Hingorany, 104 Dighton Avenue was sworn in. Mr. Hingorany said there is a large grass area that can be utilized for overflow parking. There will also be an enclosed area for refuse near the loading ramp. 2 of 10 Zoning Board of Review October 15, 2015 Keith Roberts, 14 Sunset Lane, Dartmouth, Massachusetts was sworn in. Mr. Roberts is an expert in real estate appraisal. A motion was made by Mr. Shers and seconded by Mr. Borden to accept Keith Roberts as an expert in the field of real estate appraisal. The motion carried with all in favor. Mr. Roberts submitted a report to the Board with his conclusions and his qualifications. That report is included in the file. He concluded that the project conforms to the Comprehensive Plan and Zoning Ordinance, and meets the special use permit criteria. Mr. Nott called for abutters or interested parties. Tom Pietraszek, 34 Edward s Drive spoke about his concerns about remnants of the apples due to his experience with where the manure is currently being dumped. Bill Clark, 381 Bramans Lane, Director of Business Development for the Town stated that he supports the project. The Board has his letter of support in the file. Mr. Tremblay said that his client has no objection to a condition being placed on the project that will have the manure pile be re located to the center of the property rather than where it is currently located closer to Edwards Drive. The pumice is valuable and nutritive and will not be dumped. It was determined that 12-13 parking spaces are required for this petition. A motion was made by Mr. Borden and seconded by Mr. Sherrod to have the following conditions imposed if the petition is passed: 1. If the curb cut is not approved as indicated on the submitted plan, the petitioner must come back before the Planning Board and Zoning Board of Review. 2. All recommendations of the Design Review Board in their Advisory Opinion apply to this petition. 3. The existing dump area near Edwards Drive must be relocated 200’ from the nearest abutter. 4. The dumpster area must be fenced and enclosed. The four conditions placed on the property were passed with all in favor. Mr. Borden: Approve: Mr. Keating is seeking special use permit relief in Town Center zone . T his could be the second petition of Town Center zoning considered. This is a perfect example of mixed use and agricultural use in the Comprehensive Plan. It is not a nuisance or hazard to any 3 of 10 Zoning Board of Review October 15, 2015 abutter. For a 22 acre site in a traffic sensitive area, it’s a perfect use for this property. They will eliminate one curb cut. The level of service won’t be changed. It meets the Comprehensive Community Plan. It is excellent use of the property and I approve. Mr. Sherrod: Approve: I agree with Mr. Borden and the four conditions have been placed on the petition to accommodate the abutters. Mr. Shers: Deny. I believe that testimony has been given that this is manufacturing and manufacturing is not allowed in Town Center. Ms. Pavlakis: Approve: It appears to be positive for the Town, so I approve. Mr. Nott: Approve: I believe it meets all special use permit criteria. I agree with Mr. Borden. I believe agricultural production is different from manufacturing and I approve. The Board took a break at 8:17 p.m. The Board was called back to order at 8:19 p.m. Mr. Edwards took his seat as chair. 2. (R) A petition by Edward Demerest, 1190 Anthony Rd, Portsmouth, RI for a variance and a special use permit to construct a deck and stairs closer to property line and would exceed allowable lot coverage on tax assessor’s map 1, lot 36 Art IV, Sec B & Art VI, Sec A. Edward Demerest, 1190 Anthony Road had already been sworn in. Mr. Demerest has a new septic system that has damaged the contour of his back yard so that it prevents him from enjoying his back yard. He would like a deck that he will access via a door on the south side of his house. Mr. Demerest asked for a modification from his original petition.
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