Town of Richmond, Rhode Island Zoning Board of Review. Wednesday, May 20, :30 pm Richmond Town Hall 5 Richmond Townhouse Rd., Wyoming, RI 02898

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1 Town of Richmond, Rhode Island Town Hall, Wyoming, RI Town of Richmond, Rhode Island Zoning Board of Review Wednesday, May 20, :30 pm Richmond Town Hall 5 Richmond Townhouse Rd., Wyoming, RI AGENDA CALL TO ORDER APPROVAL OF MINUTES April 27, 2009 PUBLIC HEARINGS OLD BUSINESS Petition of Wawaloam Reservation, Inc., 510 Gardiner Road, West Kingston, RI for a special use permit pursuant to Zoning Ordinance Sections and to alter Wawaloam Campground, a legal nonconforming use. Premises located at 510 Gardiner Road, AP 1E, Lots 17, 10-5, 9. Continued from April 27, 2009 NEW BUSINESS The Petition of Hillsdale Housing Cooperative Corp., Inc., 465 and 465 Gardiner Road., Richmond, RI requesting a Special Use Permit for the alteration of a legal nonconforming use; pursuant to Zoning Ordinance sections and Premise located at 464 and 465 Gardiner Road, Assessor s Plat 1E, lot 22 (the westerly side of Gardiner Road Gardiner Road, aka AP 2E, lot 6 Hillsdale Mobile Home Park). OTHER BUSINESS ADJOURN A 48-hour notice is required for persons with sensory impairments requiring auxiliary aids by calling (401)

2 Minutes of: May 20, 2009 Town of Richmond, Rhode Island Zoning Board of Review Present were: Pete Fanguillo, Chair Vincent Rinaldi, Vice Chair Noel Nutini Robert Ornstein Henry Graham Larry Valencia, 1 st Alt. Kara Kayarian, 2 nd Alt. Also present: Victoria Diaz, Clerk Russell Brown, Alternate Zoning Enforcement Officer Solicitor Karen Ellsworth Solicitor Michael Cozzolino Mary Ellen Hall, Court Reporter CALL TO ORDER The meeting was called to order at 7:30 PM by Chair, P. Fanguillo. APPROVAL OF MINUTES A motion was made by N. Nutini, seconded by R. Ornstein, to approve the minutes of April 27, 2009, as written. Motion carries - K. Kayarian, abstained. PUBLIC HEARINGS OLD BUSINESS Petition of Wawaloam Reservation, Inc., 510 Gardiner Road, West Kingston, RI for a special use permit pursuant to Zoning Ordinance Sections and to alter Wawaloam Campground, a legal nonconforming use. Premises located at 510 Gardiner Road, AP 1E, Lots 17, 10-5, 9. Continued from April 27, 2009 Solicitor Michael Cozzolino is representing the Zoning Board of Review Solicitor Karen Ellsworth is representing the Town A motion was made by N. Nutini, seconded by L. Valencia, to open the continued Public Hearing. All ayes P. Fanguillo, K. Kayarian participating. Solicitor Ellsworth representing the Town presented the following exhibits: Exhibit A - Exhibit B - Chapter Special Use Permit and Chapter Alteration of Nonconforming Development from the Zoning Ordinance Aerial photo taken in 1995, northeast quadrant of Richmond between Hillsdale and Gardiner Roads from R.I. GIS

3 Exhibit C USGS Orthography, northeast quadrant of Richmond between Hillsdale and Gardiner Roads Solicitor Ellsworth stated that she has asked Russell Brown, Alternate Zoning Enforcement Officer and Alternate Building Official, to testify to his experiences working with the campground for the Town. Attorney John Kupa representing the applicant objected to Mr. Russell testifying. He stated that as an alternate building/zoning official he question Mr. Russell s ability to testify in that capacity. He stated that the Board should decide the due weight that his testimony provides. Mr. Brown was sworn in. He stated that he was appointed as the Alternate Building and Zoning Official by the Town in 2000 and he has acted in that capacity since that time. He stated that most of his duties for the town have been with the campground and he has testified in Superior Court on behalf of the Town. He stated that he has done all of the (building and zoning) inspections at the campground since Mr. Brown presented and reviewed a color-coded map that he prepared from the Overview/Location Plan Sheet 1 of 9, dated May 2005, last revised July 2007, created by Jackson Surveying showing (in yellow) all existing camp sites, (in pink) are the location of the campsites that have not been approved by the Town, including items that the campground has been sited zoning violations for buildings, (two) power lines and (two) roads that were not permitted/approved by the Town prior to the installation (all in blue). Town s Exhibit D - Color-coded map prepared by Russell Brown, Alternate Zoning Enforcement Officer; from Overview/Location Plan Sheet 1 of 9, dated May 2005 last revised July 2007, created by Jackson Surveying (color coding) showing the location of existing sites approved and not approved by the Town, buildings, power lines and roads that have not been approved by the Town Mr. Brown stated that he has walked the entire campground about one-hundred times and has viewed every site - until things were settled in the courts. He stated that the expansions shown on the map (Exhibit D) have been done since Mr. Brown stated that he has thirty-eight years experience in Zoning. In his experience he is most concerned about the buffer area in an R-2 Zoning District. He stated that the applicant has the land, but most of the expansion is proposed against the property lines and that is inappropriate. He stated that because the campground is nonconforming the setback requirements do not apply, but reminded the board that if a new campground were proposed in a residential zoning district today, the applicant would be required to have a two-hundred foot (setback) buffer from the property lines. He recommended that the Board consider the intent of the (current) ordinance for Recreational Campgrounds. Mr. Brown stated that he is also concerned about the proposed location of the batting cages. He would recommend that they be installed in the location of the existing swimming pool and 2

4 Athletic Court, vicinity. He does not object to the batting cages, but would recommend that the location be changed. Mr. Kupa stated that the batting cages were originally proposed for the area that Mr. Brown is suggesting, but was moved at the suggestion of the previous planner. H. Graham suggested that the batting cages use wooden bats to mitigate the noise level. Mr. Kupa stated that the wooden bats could be a condition of approval. N. Nutini asked if the sound (PA) system could be mitigated. Mr. Kupa stated that the applicant would try to work on noise reduction. There was discussion regarding the number of existing campsites. Mr. Kupa stated that the Supreme Court has made a determination that the campground has three-hundred sites not three hundred and nine. He stated that the applicant is here to bring the campground into compliance. Mr. Brown stated that he found granite bounds and using the measurements on the Assessor s Plat maps, he questioned the location of a Quonset hut that is currently under construction on an adjacent lot. He said that based on his findings, as shown on a sketch created by him on May 20, Town s exhibit E, the Quonset hut appears to be encroaching on the campsite s property. Exhibit E - Sketch drawn by Russell Brown, Alternate Zoning Enforcement Officer, dated May 20, 2009, regarding the placement of a Quonset hut in relation to the campground property Attorney Kupa objected to Mr. Brown s ability to testify regarding a determination of the property lines as he is not a professional land surveyor. He stated that if the garage (Quonset hut) is found to be on the campground s property an administrative subdivision that would meet the setback requirements with an easement, could be done. V. Rinaldi asked if that could be a condition of approval. Solicitor Cozzolino stated that it could. Solicitor Cozzolino stated that Mr. Brown can testify to what he saw on the property and the Board can decide the weight that is be put into his testimony. V. Rinaldi stated that the Board has noted Mr. Kupa s objections. Hali Beckman, PLA, representing the applicant, presented Applicant s Exhibit 14. Applicant s Exhibit 14 Photos taken by Hali Beckman and John Kupa of similar berms that are proposed as a buffer on the northwest property line Ms. Beckman and Attorney Kupa reviewed the location and type of the berms that are in the photos. Mr. Kupa asked Ms. Beckman to clarify Applicant s Exhibit 10. Ms. Beckman stated that originally the buffer area was proposed at thirty-five feet but was increased to fifty feet, which increased (widened) the size of the berm. She stated that the proposed berm would meander 3

5 along the property line and would be approximately wide with plantings and a 6 stockade fence. N. Nutini asked what the phasing plan for the project is. Mr. Kupa stated that the berm would be created and plantings installed first. There was discussion regarding an appropriate screen from the property for the Hillsdale Rd. side of the property. Mr. Kupa stated that a fence could be installed. R. Ornstein expressed concern regarding the proposed density on the north-west side of the property and asked if Ms. Beckman has had any experience with campgrounds that had the amount of density that is proposed in that location. Ms. Beckman stated that she has worked with the Forestry Department regarding campground designs, etc. There was discussion regarding the wetlands on site and the status of the consent order. Mr. Kupa stated that the applicant is working on the order and there is limited time (during the year) to work. He stated that the biologist reports to the DEM regarding the work that is being done. V. Rinaldi opened the meeting for public comment. Joseph Austin, Gardiner Rd., stated that he is most affected by the wetland and drainage problems and stated that he has (current) correspondence from the DEM regarding the status of the Consent Order. Diane Haley, Bell School House Rd., asked if the applicant planned on removing any more of the existing trees (in order to install the berm). She asked if the berm would be installed by a professional landscaper. Mr. Kupa stated that the berm would be constructed around the existing trees and Ms. Beckman would be involved with the construction/installation of the landscaping and berm. End of public comments. Attorney Kupa reviewed the history and stated that the applicant s have been in business for forty years. He reviewed the expert testimony provided during the hearing. He requested that the Board approve a Special Use Permit that is consistent with the Planning Board s recommendation. A motion was made by R. Ornstein, seconded by L. Valencia, to close the Public Hearing. All ayes. A workshop was scheduled for Monday, June 15, V. Rinaldi requested that the attorneys prepare draft findings for the Board. The Board reached a consensus to schedule the next regular meeting for Tuesday, June 30, 2009 (instead of the 22 nd ) at 7:30 PM. V. Rinaldi left the meeting. 4

6 NEW BUSINESS The Petition of Hillsdale Housing Cooperative Corp., Inc., 465 and 465 Gardiner Road., Richmond, RI requesting a Special Use Permit for the alteration of a legal nonconforming use; pursuant to Zoning Ordinance sections and Premise located at 464 and 465 Gardiner Road, Assessor s Plat 1E, lot 22 (the westerly side of Gardiner Road Gardiner Road, aka AP 2E, lot 6 Hillsdale Mobile Home Park). A motion was made by R. Ornstein, seconded by L. Valencia, to open the Public Hearing. All ayes. Kathleen Tucker, Hillsdale Park resident, representing the applicant, stated that the Cooperative is requesting approval to install covers over the mailboxes and the recycle bins in order to keep the weather out. Solicitor Ellsworth stated that the applicant needs to provide a site plan that has been prepared by a professional, showing the measurements from the new structures to the property lines. A motion was made by L. Valencia, seconded by R. Ornstein, to continue the Public Hearing on June 30, OTHER BUSINESS P. Fanguillo asked if the Board would be interested in changing the start time of the meetings from 7:30 PM to 7:00 PM. The Board reached a consensus to change the start time of the meetings to 7:00 PM. ADJOURN A motion was made by R. Ornstein, seconded by N. Nutini, to adjourn. All ayes. Meeting adjourned at 9:16 PM. Respectfully submitted, Victoria J. Diaz, Clerk Date: July 27, 2009 Approved as: written 5