Bristol Planning Board Minutes September 12, 2024  OF BR)  TOWNI HALL 10COURT: ST. BRISTOL, RI02809 401-253-7000  BRISTOL PLANNING BOARD SEPTEMBER 12, 2024 MINUTES  ODE ISLA  Held: September 12, 2024 in person  Present:  Charles Millard, Chairman; Anthony Murgo, Vice Chairman; Steve Katz, Secretary; Member Brian Clark; Member Richard Ruggiero; Alternate! Member Michael Sousa; Alternate Member Jessalyn Jarest Diane Williamson, Administrative Officer/Director ofCommunity Development; Amy Goins Esq.,  Also Present: Assistant Town Solicitor Not Present: N/A Allegiance.  Vice Chairman Murgo called the meeting to order at 7:06 pm and led the assembly in the Pledge of  A motion was made (Murgo/Clark) to accept the May meeting minutes. Ini favor: Clark, Katz, Millard, Murgo, Ruggiero  Opposed: None  C1. Public Hearing and Modified Master Plan and Preliminary Plan Phase and Unified Development Review and possible action on same. Application for an Adaptive Re-use/Unified Development of the former Oliver School. Proposal to convert the former school into 11 apartments. Property located at 151 State Street, Assessor's Plat 18, Lot 42, Zone: Residential R-6. Owner/Applicant: State Street 151, LLC, President: Louis Cabral, 304 Church Pond Drive, Tiverton, RI 02878. Applicant proposes 2 deed restricted affordable units and 3 were approved as part oft the Master Plan approval. Zoning dimensional variances required for size of off-street parking spaces, parking lot and aisle width, and for off-street parking spaces within 101 feet of the front lot line. Waiver also requested: from Regulation checklist Item E26 - submission ofay photometric plan since only on-site  building lighting is proposed.  Louis Cabral, the owner and applicant, presented. He reminded the Board that the proposal is to have 11 residential units in the former Oliver School building. This is consistent with the new law that came into effect in. January. The TRC meeting was last week; all issues raised by the peer review consultant have been addressed. There will be 9 parking spaces in the back for compact cars, but the width ofthese spaces is in the process of being increased. There will be 2 parking Vice Chairman Murgo asked iftrash, recycling and snow removal will be provided. Louis Cabral confirmed. Vice Chairman Murgo asked: for clarification on the easement from the neighbor.  spaces in the front and al bike rack will be introduced.  1    Bristol Planning Board Minutes September 12, 2024  Louis Cabral responded that they needed more room for the transformer location, the 9 parking Secretary Katz asked ifit! has been considered to add radiant heat in the back and on the sidewalks to help melt the snow. Louis Cabral responded that hel has not, but would be open to Member Clark inquired about putting the handicap spot in the front. Chairman Millard responded that it would be too far from the building. Louis confirmed that there willl be two 9-foot wide spots and the rest will be 10-foot wide, and added that there will be aj project manager on site to Member Jarest asked about the variance for photo metrics and ift the building lighting is sufficient for the dark corners oft the parking areas.. Louis stated that he believes so, but ifit's not bright Member. Jarest also asked ift there is a way to make the rain garden larger and more ofa centerpiece. Tom Principe responded that there was discussion about this, and that it would keep the charm of the school ifit was asymmetrical and blended into the landscape. Chairman Millard thanked the applicant for working with the TRC to address issues. Director Williamson mentioned the typical service agreement about private services, sO that future owners are aware that they have to remain privately maintained. Member Sousa asked for clarification around 3 affordable units being required, but 2 affordable units would be compliant. Assistant Town Solicitor Goins responded that when the Board approved the Master Plan, it was proposed as 25% affordable (3 of11 units), which put this project in a certain category of Adaptive Reuse for the new State law. Now that the applicant is proposing 2 affordable units instead of3, it isi no longer in the same category but it still qualifies asa Adaptive Reuse project. The Board can amend thel Master Plan approval sincei it already A discussion between thel Board and Assistant Town Solicitor Goins followed around the requirements of the State law, whether or not this applicant is asking for relief related to the number of affordable units, and ift the Board is prepared to set precedent for reducing the number ofaffordable units. In summary, Assistant' Town Solicitor Goins clarified that with Adaptive Reuse, there is no requirement to have LMI units included. The relief that this applicant is asking for does not have to do with affordable housing since it's not required; the reliefi is related to  spaces and the ADA spot so he negotiated a 100 foot easement.  consider this depending on budget.  address any issues.  enough they can add another lighti in the corner.  approved the density of 11 units.  parking which is driven by the overall density of the project. A motion was made (Murgo/Clark) to open the public hearing. In favor: Clark, Katz, Millard, Murgo, Ruggiero  Opposed: None  Doug Gablinske, Congregational Street, presented. He supports the project, but urged the Board to push back on the number of affordable units, and not set a precedent. Chairman Millard responded that the Board has done more than their part since no affordable units are actually required. Doug Gablinske responded there is a need for affordable units in] Bristol, ifit'snot tackled it will never be solved, and the Board should consider this going forward.  2    Bristol Planning Board Minutes September 12, 2024  Director Williamson noted that the Board received two letters ofs support from a neighbor, Joan Assistant Town Solicitor Goins reiterated that 20% of11 units is 2.2, and the original proposal was 2 units. Bumping this down from 3 to 2just changes the category, and she does not see this as setting precedent. Member Clark responded that the concern is more that Bristol needs more affordable units in town. Member Ruggiero mentioned that he respectively disagrees with Member Sousa, and that making a decision on aj particular projecti is not necessarily setting  Prescott, and her sister.  precedent.  A motion was made (Murgo/Clark) to close the public hearing. Ini favor: Clark, Katz, Millard, Murgo, Ruggiero  Opposed: None  Assistant Town Solicitor Goins mentioned that if approved, the decision should include the variance standards for the parking relief, and that #7i int the draft motion can be removed. Ar motion was made (Katz/Murgo) to grant Modified! Master Plan Phase Approval and Preliminary Plan Phase Waivers and Variances to State Street 151, LLC, as modified by counsel.  The Planning Board finds that:  1. The subject property consists oft the former Oliver School, a 2-story brick building, located on aj parcel with 13,566 square feet of land. 2. The proposal ist the conversion of the former school into 11 residential units for 3. The proposal is submitted as an Adaptive Re-use project with 2 units of deed 4. The proposed development is consistent with the general purposes stated in Article 1 oft thel Planning Board's subdivision and development review 5. The proposed development is consistent with the Comprehensive Plan. 6. The Board has considered any testimony at the Public Hearing. 7. The building is not within the historic district. However, the project has been designed with the goal ofa achieving Federal and State Historic Tax Credits. The building has an historic easement condition on the façade such that the exterior cannot be altered, being a contributing element ofthe adjacent historic 8. The Board finds that the waiver ofa photometric plan is not needed sincet the plan requirement is not applicable for this proposal. The only site lighting is on the building which will be shielded and dark sky compliant. 9. The Board finds that the variance for the size oft the parking spaces and aisle width can be granted subject to a requirement that the parking spaces be designated through signage as "Compact Car Parking Only".  rental apartments.  restricted affordable housing provided.  regulations.  district.  3    Bristol Planning Board Minutes September 12, 2024  10. The Board finds that the variance for the location of parking spaces within 10' ofthe front lot line is not applicable since these parking spaces are pre-existing 11. The Board finds that the hardship from which the applicant seeks reliefis due to the unique characteristics oft the subject land or structure and not to the general characteristics oft the surrounding area; andi is not due to a physical or economic disability oft the applicant, excepting those physical disabilities addressed in $ 45-24-30(16), because the property was previously developed as 12. The Board finds that the hardship is not the result of any prior action ofthe applicant because the applicant only recently purchased the property. 13. The Board finds that the granting of the requested variance will not alter the general character oft the surrounding area or impair the intent or purpose oft the zoning ordinance or the comprehensive plan upon which the ordinance is based, because this adaptive reuse proposal will allow this former school 14. The Board finds that that the hardship suffered by the owner oft the subject property ift the dimensional variance is not granted amounts to more thana a mere inconvenience, meaning that reliefs sought is minimal to a reasonable enjoyment of the permitted use to which the property is proposed to be devoted, because without the reliefi for parking, the occupants would not have sufficient room toj park their vehicles on-site, and the density is reasonable considering the characteristics of the property and surrounding area. The variance for the size ofthe parking spaces and aisle width is granted subject to the installation ofsignage designating that the parking is for small/compact car only. Modified. Master. Plan and Preliminary. Plan approval for the Mqjor Land. Development for the conversion oft the former Oliver School into 11 residential units as apartments as shown on plans by. JHL Texture, entitled "General. Planning Drawings for Oliver School Apartments " dated November. 9, 2023 with Site, Civil Engineering and Landscape Plans prepared by Principe Engineering Dated. August 22, 2024 as revised. andi recycling pick up, snow removal, landscaping and drainage.  nonconforming.  aschool building.  building to be preserved and repurposed.  Subject to:  Recording ai Service. Agreement, for all services to remain private including trash  Ini favor: Clark, Katz, Millard, Murgo, Ruggiero  Opposed: None  C2.1 Public Hearing and Master Plan Phase review and possible action on same for Major Land Development for proposal to construct a new. Mt. Hope High School, including new tennis courts and athletic fields, at 199 Chestnut Street and to demolish the existing high school building. Owner: Town of Bristol IA Applicant: Bristol Warren Regional School District/Lisa Pecora, Perkins Eastman, applicant representative. Zoned: Public Institutional. Assessor's Plat 117Lots 3-7. The Applicant has requested waivers of State permits that are required for submission at the Preliminary Plan stage ofreview pursuant to State Law and thel Regulations. Specifically, in accordance with Section 5.4 of the Regulations and the  4    Bristol Planning Board Minutes September 12,2024  Major Land Development Checklist item No. E7, the Applicant has requested to proceed to Preliminary Plan review with the following permits to be provided as a condition of approval to be submitted prior to Final Plan Review Rhode Island Department of] Environmental Management (RIDEM) Freshwater Wetlands permit, RIDEM Stormwater Construction Permit, and RIDEM Water Quality Certification. Vice Chairman Murgo recused himself at 7:43pm, and was replaced by Member Sousa. Lisa Pecora, architect from Perkins Eastman, presented. Lisa explained that the new high school willl be built on the existing site, and that the students will remain in the current building during the construction of the new building. They are currently int the design phase, and are hopingt to start construction in the spring with the hopes of moving the students to the new building in Chairman Millard asked ift there were any representatives from the school department present; there were not. He then updated the rest oft the Board members on the two issues that cameu up  September 2027.  during the TRC meeting: 1. Irrigation 2. Artificial turf  The concern was that even with the 80% bonus from the State, there were no provisions for irrigation on the site, and this will only get more expensive overt time with climate change. Lisa Pecora responded that they are actively working with consultants to get an irrigation well installed, and will have geothermal testing and irrigation well testing at the end oft the month. Chairman Millard asked for confirmation that the well will bei in the body oft the contract, no David Potter, engineer from Pare Corporation, responded that there is aj professional consultant that willl be designing thei irrigation system. The details are not available tonight but will be Secretary Katz wondered ifit's premature to be reviewing the Master Plan ifa all the details are not available. Assistant Town Solicitor Goins responded that since this is a Major Land Development project, the Board will review the Master Plan and again the Preliminary Plan. The Master Plan is ap public hearing, Preliminary Plan review is not unless they need variances, and that the general concept for Master Plan is high level general information, not specific details. Member Clark also mentioned that they only had 72 hours to review this information. Assistant Town Solicitor Goins recommended that they listen to the presentation, and then make the call on whether or not they have enough information to approve the Master Plan. Member Sousa agreed. Chad Crittenden, PMA Consultants, stated that there is a drill rig and pump test scheduled on September 30th. The test well data will be put in the general contract for the bid and willl be used to inform what the general contractor is going to own. The same process is used for most K-12 David Potter reviewed the existing site and conditions, and then the proposed site as outlined in Intent is to construct new school in the central portion of the site while school stays in  matter the cost.  provided at the Preliminary Plan.  projects.  included materials. session  5    Bristol Planning Board Minutes September 12, 2024  New building will have gross floor area of 166,000 square feet with ai footprint of98,550; There willl be two curb cuts on Chestnut Street, and gates installed on thel Northern Parents and buses willl have separate drop offs to minimize congestion Parking spaces will be reduced from 281 to 240; 226 are required. 88 on-street parking spots along Chestnut Street, and other on-street spots, are not included in these There will be stormwater management plans for the floodplain in the NE corner; no net The softball field willl be relocated, there will be 5 tennis courts and a new stadium with track, new bleachers, synthetic turf field. Synthetic turfi is being proposed because the multi-purpose field is being removed, and synthetic turf can be used intensely throughout  reduction in footprint size from existing footprint The new site is designed for 832 students and 122 staff  portion for security calculations. loss in flood storage  the day. There is aj potential baseball field on the site.  Member Clark mentioned that the site fort the new baseball field is really low.  Chairman Millard reiterated concerns on the synthetic turf field and asked if there were any plans to do an environmental study on the dangers oft this type ofi field, with chopped up tires as a base, ona a creek watershed. David Potter responded that the synthetic field cross section design hasn't Member Katz added that this type oft field can tear skin, cause rashes, bacteria and chemicals can get into cuts and kids can get sick. On hot summer days itl burns the kids' feet through their shoes. Chad Crittenden responded that the current synthetic turf fields have a gravel base, not a rubber Member Ruggiero, as a former physical education teacher and coach, expressed concern that that will be as softball field and not al baseball field. His opinion was that this is unfair to the boys and the school will bel liable when the boys drive to and from practice and games David Potter continued to give an overview of thej proposal. Water and sewer will be located on Chestnut Street New lighting will bei installed on campus mimic existing drainage patterns  been finalized yet.  base.  Stormwater management report willl be provided at Preliminary Plan; will do their best to  Member Clark asked how intensive the maintenance is for the drainage system. David Potter responded that there will be some: maintenance but they willl keep it simple. Member Sousa mentioned thati ift they are able to do natural turfi instead, and it's less expensive, David Potter stated that RIDEM and local utilities permits are still outstanding.  then maybe a basefield will be affordable.  Member Sousa noted that the current parking lots seem tol be packed, and asked if anyone went to the high school to see how many spaces are open during the day. David Potter responded that they talked tot the owner about how many spaces they thought they needed, and a traffic consultant did some onsite observations. There was more discussion around parking related to where staff will park VS. where students will park, andi if using the zoning ordinance is sufficient.  6    Bristol Planning Board Minutes September 12, 2024  The Board agreed that the proposal doesn't seem to be enough parking, it should be looked at again, and a representative from the school department should be present at the Preliminary Plan  review.  A motion was made (Clark/Sousa) to open the public hearing. Ini favor: Clark, Katz, Millard, Ruggiero, Sousa  Opposed: None  Edward Spinard, 35 Dartmouth Street, presented. Edward was concerned about potential flooding, and a statement in the Master Plan study that mentioned that there would be "minimal impact" to the floodplain because there is already ar major flooding problem in the neighborhood. He was also concerned about the impacts oft the proposed hotel development upstream. Letters have been written by neighbors and the Town Council to DEM to urge them to do the proper Assistant Town Solicitor Goins mentioned that the environmental impact ist now stricken from the Board's purview, as it's the sole jurisdiction oft thel DEM, and that the hotel development is not Edward Spinard also mentioned that thei flood map that was presented is outdated; it's based on a flood insurance study that was done in 2013, and some oft the data is from 1971. There is nowa an increased amount of rainfall, more frequent and intense storm events, rising sea level, etc. and he Member Sousa agreed that the latest Silver Creek study should be used, or a new study ifthe existing study is not sufficient. This is a safety concern as it will impact the Town's evacuation Director Williamson mentioned that the Planning Board does have regulations related to storm water management in addition to DEM, and it's very clear that there can be no increase in storm water. She added that the applicant is not asking to defer thel DEM permit until the Final Plan; the Board will not be asked to approve thel Preliminary Plan until the permit is finalized. Assistant Town Solicitor Goins added that the Board is approving the concept tonight, but the Board has the right to modify ifnecessary based on what comes out at the Preliminary Plan. Member Sousa suggested that instead ofi no increase in storm water, the requirement should be less storm water due to climate change. Edward Spinard suggested adding a condition on the Rayonna Clemens presented. Rayonna expressed concern with digging down under the stadium for thet turf field, as this will touch what was paid for by the taxpayers. This is an environmental problem, there is a watershed issue, and it's constantly flooding. She agreed with Member Rayonna added that the project will push more water to Guiteras school which is an encapsulated area. She also mentioned that thel FEMA maps have not been updated since 2014; they arei ini the process of being updated, but we shouldn't use maps that are 10 years behind to build a new  floodplain analysis.  ready for review by the Board yet.  stressed that there is a need to doj proper flood studies to see the true impact.  route down on Hope Street.  approval to do the appropriate studies and determine the impacts.  Sousa's concerns on the evacuation route near Sip N Dip.  school.  7    Bristol Planning Board Minutes September 12, 2024  Rayonna also stated concerns about parking, as there is currently no place toj park at athletic events, so parking should not bet taken away. Parking on the street is not safe due to people Susan Pasquale, 8 Dartmouth Street, presented. She mentioned she has lived there for 23 years, Water issues have increased in the last few years due to the new: field behind her house Team was supposed to come out to the neighborhood but have not Clarification on whether there will bel bleachers and/or lights behind her house Same concerns as others regarding parking reduction, as people currently park on Dartmouth street for events; Susan suggested surveying the students to see why they park  speeding.  and then listed her concerns:  The field is not being maintained  on Chestnut Street The synthetic field is not healthy  The field is an eyesore, and it devalued her property  Concerns on dust for neighbors during construction, and clarification on how longi it will Bob Daponte, 361 Dartmouth Street, presented. Bob shared that there is currently a pond behind his house, and it hasn'trained in two weeks. He also expressed concern that the softball field was $185,000 and nowi it's being moved. Bob expressed his frustration with the water and that the Ray Payson, Bristol Land Conservation Trust, presented. Ray stressed thei importance oft the impact of climate change and two to three more: inches of rainfall. The applicant has to work with DEM on the new creek and how much water it can handle once the school is torn down. Ray also mentioned he is unsure ifthe culverts under the cemetery will be able to handle the extra water. Bob Daponte presented again, and asked what roads will be closed during construction. The  take  value ofh his property is going to go down.  response was that in all likelihood it will be Chestnut Street. A motion was made (Millard/Sousa) to close the public hearing. In favor: Clark, Katz, Millard, Ruggiero, Sousa  Opposed: None  Secretary Katz asked how tall the new buildings will be. David Potter responded that there will be varying heights. Lisa Pecora added that the total height is two stories, 31 feet high, the gymnasium is 34 feet 4i inches, and there are two stairwells that go up to 381 feet. Secretary Katz askedi ifit's possible tol have a smaller footprint but at taller building. This would allow for more parking, and more land to absorb the water. Lisa Percora responded that they did Assistant Town Solicitor Goins added that it would be helpful tol hear from the administration, and wondered if there is a need to continue this to the next meeting. Member Sousa mentioned that an increase ini impervious area of2 acres is being proposed, when a decrease is what the Board would like to see. Member Clark thanked the applicant for the work and acknowledged that it'sa difficult site, but expressed concern with the data that's being used. Member Sousa listed the concerns that the applicant needs to address:  propose a three story option.  Well-based, site-wide irrigation system  8    Bristol Planning Board  Minutes September 12, 2024  Synthetic turf Outdated Silver Creek study Climate change Parking for students Reduction ofimpervious pavement Elevation or grade changes  David Potter responded that there are problems with porous pavement and problems with its low permeability. David confirmed that they have the BETA: study and will use that when designing the project. He also confirmed that they will go back and study the parking, and try to finda A motion was made (Katz/Clark) to continue the public hearing to the October 10th meeting, with  balance with the storm water concerns. the request that the owner is present. In favor: Clark, Katz, Millard, Ruggiero, Sousa  Opposed: None Inclusionary Zoning  C3. Review Land Use Legislation from June 2024 with Assistant Town Solicitor and discuss option for  Assistant Town Solicitor Goins explained that over the next couple months she willl be preparing amendments to the regulations and the Zoning Ordinance. One of which relates to accessory Assistant Town Solicitor Goins asked for guidance on Inclusionary Zoning, and reminded the Board that Bristol had this but then eliminated it when the State changed the way Inclusionary Zoning worked. The two for one density bonus is going away on. January 1, sO the new State rules  dwelling units that Bristol needs to adopt now per State law.  are:  Inclusionary Zoning willl be 15% oft the development (currently 25%) Density bonus will be one: market rate unit for every affordable unit (currently two for Assistant Town Solicitor Goins explained the new calculations based on page 6 ofthei included memo. There was discussion about the overlap between Inclusionary Zoning and Adaptive Assistant Town Solicitor Goins agreed to come back to the Board next month with an answer on whether Inclusionary Zoning can be applied to only Adaptive Reuse projects.  one)  Reuse.  Ar motion was made (Katz) to adjourn the meeting. Ini favor: Clark, Katz, Millard, Ruggiero, Sousa  Opposed: None Meeting adjourned at 9:54pm  Respectfully submitted by Doran Smith, Recording Secretary Date Approved: 10Bt20y, Planning Board:  -  9