Zoning Board - Regular Meeting

glasses in the car didn't I I'll tell you I got took it one time when I have my contacts and I can't no I got I got they they cheaters oh I came down the bypass and I went straight across no what's with the green I look pretty oh yeah I can I have them in the car these meetings live all passwords and security codes that get sent to emails that I don't have and whatnot what a pain going in first driveway 90% of traffic goes in on that coming off the think you were there leave by seven though I'm hoping we get Contin unless L's not coming loose okay that I guess you have four even without absolutely I my choice tonight you ain't you ain't going over that bridge don't go over that bridge Bridge is a nightmare and my wife has been stud for a woman she was a teacher

down about the bridge to the woman's house Cor go throught oh David's here I a see him working the crowd how are you live in a dream a dream of looking for a job December you I was put up by the president's gone it tells you the percentage of pension payments based on the tax levy thanks for coming percentages down here at 2280 5% for new Shore that's pretty low pretty low that's pretty low I did because that exercise science Maj it's a lot of money though can't imagine they staff out there I guess not is this a quick IAL to himal I'd rather do these pretty much together yeah I mean so okay I didn't expect to get a call um just get the vote for the officers first definitely remembers me he he does when I bumped into him after you said that

got because I'm coaching my kids we have a right now's class here okay he's working the same nights a doctor I work Sports Med 30 52 she's she yeah longer you know that property I don't know there is yeah shut down Tak that's no longer what their is but cities in done it other cities in town I mean how many acres that do they need 31 AC so it's like Poli yeah that's that's a lot of not much police station taught an anatomy class not the lab just Le so it's not I teach I taught online not like I'm I mean if you got somebody out this I don't care I don't care I'll do I'll do 20 minute I could be the Hands-On leure I don't care they count on someone being all that's what when I said I get called I get email on Wednesday to go to a meeting at 10 o'clock the next day with

the vice president I'm surprised abely not the first time just tell me what thep on George the John a confident matter decrease it yeah I mean maybe not all in that's what I thought they were gonna do off your computer 11 at and two du bags my office you not lived you done [Music] that there's 50 plus People Press campus so tell me they not hurt the president's gone I don't know what happened there president's gone they have a new president now an intern president War's trying to reach proba got caught with his hand in the cookie J all he did was entain yeah every five was freaking party that was my fault I was looking at the street number when they yeah children don't pay that um do uh be out if I just nud bill

and be like hey Mark yeah I'd love you to do that thank you I don't know if I'm gonna and I saw him last week working on that thing over there right the the field house the F house yeah one of the other I think I took all the pictures off I think I took all pictures off today that's lose I have mine I think is Lou coming I did we got one yeah are you coming he said he is yeah yeah that changed CG weeks ago y yeah that's the existing structure they want a good plan where they should be existing so ex ex on here yeah it's know yeah I guess they miss some of the council meetings too yeah that's what

somebody yeah hi Kelly hi how you doing bet how are you busy the last couple that is not sexy it's it's really sexy when I can't even breathe that's how bad it gets oh crazy so you're reading it yeah who Bill oh me yeah yeah oh your friend's with right right yeah he um yeah so we're gonna oh nice yeah yeah that's funny yeah no we get on great just met with them today this thing's gonna blow up yeah how are you nice to see you nothing makes sense my cousin Tesa always ask about you oh yeah okay yep Emin domain they're taking that's my oh no problem Kelly just came in to it's bad like literally no one I talked to was like that was a good idea we proposed affordable housing development so they said we're gonna take the property I know you're talking about it's all over the news yeah no it's actually Nationals yeah right near North Province yeah right near strings we'll have a new fire station s North provin perfect right across with strings you know Strings Restaurant yeah

yeah that's the part that's like so that B building is not theirs they own both sides of it and it goes back yeah that little like that they have a clearing it was like Town Fair Tire or some kind of plating Town yeah plating a plating yeah yep the building the building next door used to be a r years ago the back building was across the street I think no even next that other building that's there that was like L Roa restaurant years ago yeah yeah you start yeah ready okay good evening everyone I'd like to call the order the North Providence town uh planning board uh the date is February 28th January 29th January 28 January I February it's okay January 28th 29 29th I'm sorry again um and we're here at the Town Hall could all re rise for the pledge allegiance States America and to the Republic for which it stands one nation under God indivisible Justice the first item on the agenda is number will be number six and this is a vote on a planning board annual calendar of regular meetings and offices for this year this is was scheduled for the January meeting but a reason uh we post

oned it till this meeting so the first thing we'll have is a nomination of officers and the offices are chairman and vice chairman and secretary and secretary does anyone want to volunteer to be chairman I'll volunteer to be chairman do we have a motion I make a motion to nominate David Fetti as chairman of the uh North Province plan board second all in favor well are there any other nominees is that how you do it or ask for other nominations any other nominations any other nominations i' like to make a recommendation that Steve P to become Vice chair you haven't done chair yet you haven't done you have to done chair the nomination we just nominated first oh so yeah I would say uh nominate Steve p no no we're not done with chair yet we got all one motion no separate votes would you think H separate votes right separate V so I nominated David parth's chair they there's no other nomination so you can you can say uh you can ask for a motion to accept um Mr penti as the chairman motion to elect Mr penti as chair second yeah yes roll call I I I I I okay and I now now it's now you take over because now you're the chair and you say I'll take nominations for vice chair excellent so I'll take nominations for vice chair of the North Providence planning board I nominate uh Steve patasi second any other nominations war no

other nominations okay okay I'm not chairman no I nominations no are there any more nominations for vice chair okay so hearing on no additional nominations um we accept no motion motion is for Steve tassy to be Vice chair of the North Providence planning board so mov those vote second yeah second take aot all in favor I I I I and then you need to do secretary date okay so do we have any nominations for the uh position of Secretary of the North Providence planning board I nominate um Mark andreos do you accept the not yes okay and just ask if there are any are there any I'm sorry are there any additional nominations to be made for the secretary position of our planning board I'm hearing none the motion is to accept Mark Andrei as the secretary of the North Providence planning board so move we can take a vote start over oh I'm sorry second yeah just warm up anybody would you like the second Warr I'll second okay uh we'll take a vote start over there Steve yes yes uh all right all right all right thank you Gary and then um you have to accept the annual calendar as well okay we have the annual calendar at the back of our packets [Music] um Bren I assume that you and your staff have prepared the annual calendar of the

Year 2025 yes I know can I just ask a question are there any off like are they always the whatever Wednesday of this year they're all the second Wednesday the zoning board only has one off day okay but this but I just want to know so I can mark it on my calendar yeah planning on second don't have any off days second every month okay and um the uh time is remaining the same correct at 6 pm has everybody had a chance to review the North Providence planning board annual calendar of the Year 2025 do I have a motion to to accept the um proposed annual calendar prepared by the planning board the planning department so moved I have a second second okay all in favor I nice have it do we uh do we want to switch chair since you're chair now Dave um I guess you more can swap spots we have to switch name tags too yeah I'll switch your name okay com in they're gonna be in trouble

okay that time comes just uh first on the agenda is the um approval of meeting minutes from B public hearing uh dated December 19th 2024 I make a motion that' be accepted do I have a second second all in favor right any opposed uh so now third on the agenda which is labeled second on our um document here is uh the address uh 1525 27 excuse me Mineral Spring out Vue cessors plat lot plat 23A lot 38 Zone residential 8 RS8 and Commercial professional CP applicant is VP Development LLC from six New Haven Road Prospect Connecticut description of what we're hearing tonight there recommendations to the Town Council regarding zone change from commercial professional to commercial General as well as a special use permit under Section 203 District use regulations for a vehicle washing shop Commercial General Z good evening can you please state your name good evening Mr chairman uh Joseph Brennan attorney on behalf of the applicant um the uh thank you for the quick summation the property is located at 1527 Mineral Spring Avenue um if the board recalls we were actually before you here in December whereby we had U master plan and preliminary approval along with granting of the dimensional variances for this project um the project just quickly just just a refresh

again it's currently a car wash it's existed as a car wash for almost 100 years now and the applicant is looking to demolish it and rebuild as a car wash um the same use pretty much on the same footprint um that we came in um practically because we're trying to build a state-of-the-art uh Car Wash so that comes with some new equipment new Machinery um and so on um as a result of that um and talk and having many discussions with the solicitor and the planner um it was the opinion that would be most advantageous for future projects if we ever needed to make any small changes to it no matter what it was we'd always have to come back and ask for a use Fair variant So to avoid that and to have the car wash permitted um we're now seeking that zone change before you cuz right now we're in a CP and split R8 Zone and we would be looking to change that zone to a CG Zone that allows a car wash by special use permit so also why we're seeking the special use permit through this board um here tonight as well as that recommendation to the Town Council for the uh change to the CG Zone um I would know also and then and the planner I stated it last month but directly across the street from us is also a CG zone so it's not like we're just plucking this out of nowhere it does fit in with the harmony of the area and as you all know M Spring Avenue is an extremely busy road um as it is um so with with that I know that there's um some standards for the special use permits when I go through them all I do believe that we meet all of them um in and egress to the lot probably the one that speaks to us the most I know that we have a a large queuing stack um I went over very thoroughly last month and so did um the engineer about how the

cars flow through how there's an automated system that cons sense when they leave as well so it won't keep pushing cars out because there was concern about the turn on on Mineral Spring Avenue as well um that way that won't be an issue of of traffic coming out and uh and turning back onto Mineral Spring after going through the car wash um additionally off street parking and loading areas um we meet all the parking requirements we did seek the dimensional variants for no loading space and had explained it as an automated car wash system we really don't need a loading space um trash and storage delivery areas that will will be providing that with a dumpster um as explained and I believe we had the dimensional variance for that as well um all utilities uh we're connected to public water and public sewer as part of this project and I stated also usually uh the sewer departments love us because we actually help provide detergents and suds and there's pretty much almost zero solid waste that really goes through because they filter all those negative things out because they they recycle as much water as they can to keep their own water bill low um so that's advantageous to both sides um screening and buffering um uh we provide more than what's there today as the the lot is just basically total pavement and as part of our our project we're showing some uh of that Landscaping um and then everything else will you know will always remain dark sky compliant as need be and and none of the other uh uh criteria would apply to us is we're not a density for a two family or next to any um public water bodies or streams or air light views or solar problem s um so with that being said um we are seeking both those items today I do have the engineer and the applicant here again if the board had

any follow-up questions or or wanted to um uh have a refresher on any of the items that we spoke about last month thank you thank you uh members of the board does anybody have any questions for the applicant at this time I have a few questions this is basically the same plan that we've had before there's been no changes to it at all I think he made positive changes that you guys had asked for so I'll have him discuss those changes okay because we had we had a lot of testimony on this here before and I think we all agreed with it that it would be good for the town it would be a good development and there were a couple of uh engineering things that we were looking at changing uh we sent it to the board uh to the zoning board for approval and they and it came back to us and now we have to give it a recommendation for a zoning change strictly a zoning change to the council am I correct and a special use permit a special use permit correct correct yes but as far as engineering is concerned it's it's the same plan that we had before ye yes but I'll have him speak to the minor changes okay yes I'm Steven cab with Crossman engineering 100 Jefferson Boulevard Warwick yes for the variance yes I do okay the changes since the last meeting were essentially limited to incorporating recommendations that the board had for example we've added more Landscaping at the entrance and provided a defined firm line originally we would was matching the existing pavement and on the this would be the east Southeast

Corner we had the pavement going straight out to the sidew Yes we made a change to the curbing as as cars pull into the property what we did we eliminated some addition some existing pavement and we've added in a curved area to more align with the path of cars I believe that was a suggestion that Mr had y so we included that there was also a recommendation that at Exit which is really an escape Lane if somebody decides not to have go to the car wash it was requested that we add a left turn and only sign which we've done and we've also have the curbing skew excuse me skewed so that it would be very difficult for someone to take that right turn and after consideration of the other concern that the board had the developer actually decided to make the tunnel 10 ft shorter so what we have instead of 140 foot tunnel we're down to 130 and so we added 10 more feet between the exit of the car wash in menal Spring Avenue so anything going to be done to the drainage on menal Spring Avenue at the uh at the driveway there at the driveway that's always been there will will be a floor drain so that there won't be any oneoff from the car wash draining into Mineral Spring Avenue and one important element that I just want to mention is that because of the property size this will be a car wash with no vacuums so there's not going to have the congestion of multiple cars pulling in just to use vacuums so again this is strictly automatic car wash facility Steve if my memory serves me correct l last meeting

um we were made a aware that the existing condition at the exit of the tunnel does not currently have have a drain and this project will be introducing a drain at the exit of the tunnel the new facility definitely will when it comes to the in workings of the existing facility I'd have to ask vorio to confirm that yes I I remember last month he had said that there's no drain currently but as a new plan as the engineer said will have one so that is an improvement thank you you set question just procedurally so this got preliminary plan approval yes last month so I think just because there are some changes to the plan you just have to work together because it I would call it a minor minor change so it doesn't have to come to this board formally but um and it's all it's all asking for Less too so they're right so I think it's minor but I just want to make sure that you get what you're asking for which is which is better right yeah before the final do you see what I mean because we can't we're not amending the preliminary plan so Brent you have to kind of document the file that there's a minor change which skews the entrance and adds uh exit area see what I mean yeah I haven't drafted the decision yet because I was going to do it all in once with both meetings kind of summarized so add add a section that says as a minor change because you've already granted preliminary plan yeah so maybe an an extra paragraph that said it's administratively changed for those couple of things okay um Council can I please speak with Mr cabal for quick second of course yeah thank you hi Steve so that's great that we're

not gonna have sheet run off onto middle Spring Avenue and you're introducing the uh the drain I guess at the uh on the southern end of the uh the car wash only question is when the runoff goes into that drain where was that then connected into the municipal system or is there a underground infiltration system how would that water once it fills up where would it go okay any effluent that's generated from inside the car wash will go through a a grit oil water separator and then it'll go into the sanitary system it we're not allowed to discharge the car wash effluent into the drainage system so it will go into the sanitary sewer all right so the water you captured from that grate that you're explaining that's at the southern end of the car wash the water that that collects as opposed to going out onto middle Spring Avenue would then go into the sanitary sewer system yes because the drain will be on the interior of the the exterior wall so by code it has to go into the sewer system is the Water waste water department or whoever overseas that are they reforming any type of um uh pre-treatment before that gets into the into the sewer system yes all car washers are required to meet the pre-treatment standards um so yes so there will be a we will have to demonstrate to the Sewer Department that the oil border separators that we propose meet the effluent standards so there will be a lengthy review by the utility all right so the way it is right now whatever water comes out of that car wash whether it's from the car wash itself or anything on the pavement rain that goes into middle Spring Avenue correct under current conditions yes the only item I I can't testify to is there may be a drain in the middle of the tunnel there just isn't one at the exit of the

tunnel so I'm not trying to believe with point so the rate that you posing on that French strein if you may at the foot of the the facility on the southern end is that intended to pick up the car wash water from inside the building or is it so that it doesn't go into middle Spring Avenue correct yes it'll be intended only to collect affluent from the car wash not rainwater all right so okay so it's not intended to pick up storm water no okay thank you any other members of the board have have questions for the applicant no I just want to say thank you very much it's commendable that you modifi the driveway and the other question I was going to ask you sto my thunder when uh when Warren asked was about some additional Landscaping to reduce the amount of impervious area so thank you thank you um no it's a public hearing because you're granting a special use permit okay so we open up the yes okay at this point we'd like to open up the public um hearing hearing uh if there are any members of the public who would like to uh speak on this project uh you may do so at this time seeing none uh we will close the portion of the public hearing with this project um open up to the board for disc discussion so you're looking the first thing you should do is the special use permit and then uh the recommendation on the zone change can we do it together no no I'm sorry

sorry no it'll be it be it'll be two votes so uh the uh relief requested by um in our staff outline is special use permit section 203 District use regulation special use permit objective criteria for a vehicle washing Shop number one to me meet sorry excuse me the minimum lot size shall be a th000 square feet uh it's recorded that this lot is approximately 11,000 plus square feet meeting the objective criteria um about having more square feet than mid and the second uh is internal circulation path so demonstrate your vehicles waiting for or undergoing washing will be accommodated with separate entry and exit points to prevent congestions and ensure smooth operation uh I believe that the applicant has provided all of us um a graphic illustration of um objective criteria number two on sheet C5 of our packet do I hear a motion to um Grant the special use permit based on the meeting the requirements of the objective criteria for a vehicle washing shop so I hear a second second okay uh we'll take a vote um all in favor I I any oppos guys have it permit is granted special use permit is granted and then just go to the recommendation on the Zone CH okay and uh second vote tonight is a recommendation on the zone change uh recommendation is to the Town Council regarding the zone change for

the property from the missing uh CP RS8 to CG again uh CP is commercial professional and rs is residential uh going and the move is going to CG which is commercial General um do I hear a motion to well actually it's a recommendation send a positive recommendation yeah so do I hear positive do I hear agreement to send a positive recommendation to the to the Town Council um regarding the zone change from CPR RS8 to CG move do I have a second second all in favor I I any oppos guys have it thank you thank you very much thank you okay item uh three four the next item on the agenda um the address is 24 Vol three yeah but we did this first yeah but you took six first but you're still number three the next agenda the next item on the agenda address uh 24 of volno Street um s plat and lot plat one lot 117 the zone is presidential General the applicant Vol Turnal Street LLC 413 George Waterman Road Johnson Rhode Island the description public

hearing unified development plan review including a special use permit under Section 414 subdivision of certain Lots resulting in less than required dimensions for a lot for a two lot minor subdivision is can I just just give an introduction uh you may so this um issue not property was before you for recommendation on a zone change and the zone change and I don't think the zone change is in here but it permits right it's not the Zone the amendment is not in 24 Alterna aren't we yeah no that wasn't for a zone change that's for the special use permit to subdivide to sub right as a result of the Town Council changing the the zoning ordinance to permit this correct so I'm just reminding them that you recommended approval of the zoning Amendment allowing for this I'm pretty sure the Town Council did not accept some of your conditions that were added to that so essentially this meets the criteria that's why I wanted to explain to you it meets the criteria for that zoning Amendment that's all I wanted to say not all stipulations so so the Town Council passed the original version of the ordinance without the conditions that you recommended I believe the condition was that it had to be um a property where there was prev viously a structure and so the council decided that nope it's okay if there wasn't a a structure there previously they can still subdivide that's essentially what happened

y thank thank you for that just refresher and introduction because I after seeing this on the agenda and I saw which way the council chose to take so is the applicant present okay come on up good evening Timothy HG Marco Timothy Henry gako would you like to um explain the project to the I'm just looking to split that 10,000 square foot lot into two two pil of 5,000 each to build two single family homes okay and and the just to add to that these were at some point in time previously separate and then they were merged right okay because that's the standard really and I confirmed that I looked at as deed it was Lot 1556 I was 155 and 156 on Plat one originally in 1876 I believe the year was do you know if the the Lots um were they um were they 5,000 a piece they were both 5,000 square feet when they were initially ploted and that that is the applicant's int intention all right Brett what's the minimum last size requirement uh for for that zone it would be 8,000 for a standard lot size so um you're looking for two 3,000 foot variances no no it's a special use permit okay I don't know if you were on

the board when they when when they looked at this um recommendation to the Town Council but the new section 414 allows a lot to be subdivided into substandard Lots as long as they were previously divided and that they're not less than 5,000 square ft so that's it that's the only objective criteria Brent on that street it looks like there's probably four or five at least six lots that 5,000 square feet yeah there's there's many Lots on the road that are 5,000 square feet there are actually some that are 4,800 square feet as well across the street will the applicant be providing um curb access or Street access both Lots um separately yes yes will you be utilizing the existing curve cut that's there for um a lot closest to child Street uh I think one would have to be changed I think there's full curve cuts on the no there's just one there's just one so your your int is your intention to utilize that existing or or to modify that existing I would have to modify one side I believe okay but both Lots will have their own curve cut cor right access correct does anybody have questions for the app or for Brent you mentioned they're going to be single family houses correct everybody had a chance to review the

staff report on on the project and um so you're looking for a first first you you do the relief which is a variance or a special use permit in this case it's a special use permit and then you do the minor Land Development I'm sorry minor subdivision okay I just wanted to note that the staff um has a consideration that the existing garage is um to be uh demolished um just open up that uh consideration for discussion with the board is that really relevant though I mean if there there essentially be the letter of the law so [Music] does it really matter to us if they're going to take down the garage or not were you on taking down the garage yes you're planning so I mean to support that you're really never supposed to have an accessory use without a principal use right so but if he's going to do it anyway I don't I don't think you need to worry about it can remain as a condition right can we accept his that as part of his um you would be his proposal you would be deciding that as Bren required but I just wanted to make sure that he agreed with it okay because otherwise you'd have to have that discussion okay so David should we have that remembered as a condition of approval or should they just Abed the uh the site plan that says that the existing structure is to be raised he Brent can just put it into the decision all right um yeah I mean your your surveyor should say existing black to be add to be

removed okay because when it gets let me let me just make sure here yeah on the proposed minor subdivision it should say to be removed I don't know how much work that's going to be for you but it really should say that okay the applicate from the from the board um and if you don't have any uh other information to share um you can open it up to a public hearing at this time thank you thank you are there any members in the in the public who are here to speak onal good evening hi my name is Tammy maderas yes you're going to swear yes yes thank you for allowing me the time I am at 32 volno Street my husband and I have lived on volno street for the last 25 years most of our neighbors even longer while living here it has been challenging for us as a community to keep up the neighborhood atmosphere we as homeowners longtime residents and taxpayers of North Providence need your help we live on a deadend street that is about one tenth of a mile we have Shiloh Gospel Temple it's our first nonprofit at the corner of char Street and volno Street they

use the side entrance on volno street with handicap parking near the door ride Vans wheelchair vans cannot fit in the designated spots to load and unload passengers so they just block the only entrance and exit to the street cars are parked on all four corners of volno and Charles and down both sides of volno during church and special functions day and night they use the church parking lot to have have cookouts barbecue grills and blowup houses we have pictures of fire trucks and rescue unable to take the corner to access our street I would like to show you the pictures first of May I keep going yes thank you after this Mayo Ladi added to the congestion by attending the congregation with his Entourage seeing firsthand our valid safety concerns a lot of people attended the congregation after some crazy person tried to burn the church down and that's that other people wanted to join you just have to have the pocking to accommodate such a crowd and we had nothing to do with any of that that was going on uh we wanted peace we just wanted to be heard and we want to feel safe on our

street I have pictures of a car accident just this past Saturday on 1:25 at the very Corner again blocking the street somebody can silence their phone thank you May before you continue may may I ask that your um presentation specifically speaks to the project that we're yes absolutely I'm just was getting to the traffic and the congestion on the street and I definitely will okay thank you very much for your time then once trucks are on our street the only way to turn around is on private property at the end of the de and at our second church and second nonprofit the Saving Grace Church which on weekends and special functions the parcking lot is full without any room to turn around I have pictures I have pictures of our third nonprofit and adult daycare now it is being renovated for some kind of Learning Center with van buses adding even more traffic and congestion I also have pictures of the doctor daycare that is at the dead end in the same building building that is very busy with early morning drop offs and late night pickups Day Care baltero slopes downhill towards

Canada Pond and there is not one drain or sewer on our street the only portion of there's only a small portion of the street that even has sidewalks I have pictures Building 19 is across from Lot 24 it was built in 1926 and used for cloth hangers to store cloth hangers it's dilapidated and has flooding problems the owner of the storage building went before the ethics commission to get a special permit to rent out to our fourth nonprofit in one/ tenth of a month TR toown it is also storage for vehicles and plows by the owner where he has his longtime friend Timothy giamarco almost daily for many decades on our street to maintain them with even additional space advertised for rent by the owner landlord Mr Charlie Lombardi I have pictures 24 belo's previous owner Joseph serin inherited the family home from his parents then on November 6 2023 the North Providence probe Court authorized guardian and a strin son Albert sarapin to sell the property the previous owner was a mentally challenged man who was allowed to live in his car for several decades because his home was unlivable he was also allowed to let the house rot and collapse over many decades it became a shelter for rats and other radant posing a health hazard there was also a big tree growing through where the roof

was which now has a possible large underground rout system from flooding the town of North Providence used Town workers between 2021 and 2023 to clear the ruins of The 100 3year old home with zero precautions or concerns for anyone and left the garage still standing and it is packed with trash and rodents I have pictures the previous owner did not have any War running water electric plumbing or sewage use for many decades development may cause physical constraints with contamination from hazardous material that like lead poisoning asbestos pesticides that have that may have leeched into the ground from the century old home and still-standing garage foundations today voltero Street LLC wants to take us on a time travel back to 18 76 150 years we researched the land that was platted out on April 1876 by Mr MB shot as two aples of land in plot 10 Lots number 155 and 156 but not for one day was it ever used as two lots the Lots were sold together in 1920 to to the sarapin family and remained a single family home for over

103 years we would also like to show you pictures of plat 10 Lots 155 and 156 and point out that there is a river running through both lots that leads to Canada Pond we have pictures that that very river is there today it flows from 155 156 behind Building 19 and flows into Canada Pond I have pictures there may be an issue regarding wetland or possible River contamination to Wildlife and human life caused by Decades of corrosion leaking into Canada Pond from Lots 155 and 156 Mr gako started voltero Street LLC on September 14th 2023 then November 6th 20123 volno LLC purchased 24 volno from his garden and a strange son Albert for $50,000 without even a for salees sign then on January 8th 2024 exhibit a was added to the deed the average Fel area size on voltero today in 2025 is .144 Acres equaling 6

6,272 64 Square ft the proposed lots are both 1,272 Square fet less than average bno street is a death trap and an accident always waiting to happen we have pictures of heavy traffic all going over the huge speed hump twice rocking our homes we should not have to put our lives and our fam's lives at risk by just taking a short walk on our street and then hope and pray that medical attention gets to us we respectfully request that the zoning board carefully considers all of our concerns and denies the splitting of the lot and minor subdivision thank you very much this is also pictures of the track very much thank you good evening good evening my name is Michael madas yes I do I live on volel street with my uh lovely wife Tammy for 20 last 25 years and I would just like to say a few words about living on the street I try to avoid going out on Saturday and Sunday because of the

commotion on the corner of Charles and veral from the temple sometimes it goes on all into the night it's all day and all night and there was an accident on Saturday that I was trying to get by and really W almost witnessed it but I could see why with all the cars parked all over the place I've been in a few close call s on that corner and I don't like it and I go with very uh cautious around that corner I hope someday that that the uh Temple will realize that the location is too small for them and they need more parking and they will move but that's that's a matter of time I I imagine in our small dead end side of alterno we have 17 single families two duplexes two churches a child daycare a Met School a six Bay commercial garage that houses the TR toown food bank and a forent sign on the same building we have the biggest speed bump I've ever seen this has been a hazard from day one it doesn't stop anybody from speeding it just makes them fly over the bump and makes a lot of noise and sometimes they're airborne and there is um our Vol Turnal street is the bottom of a basin so when it rains hard we get all the rain from our surrounding heris

street is higher and also Rose Street is higher so all the water comes down it's like a river on both sides of the road going down what I'm trying to say is that our street has a lot of problems I I believe it's overcrowded and I think splitting this lot will make it even more crowded and I will uh I thank you for your time and I will appreciate if you would consider denying the request for splitting the lot in the minor subdivision thank you there anybody else in the public who would like to speak regarding this project like I'm Dominic dandro 34 voluna Street North R yes I do I lived on B Street Ro Street all my life it's always been a nice Street it is a big problem at the end of the street with the congregation there on a Saturday morning it's almost impossible Park all the way to the corner there's no way we could get in and out without a problem we can't see uh making a turn okay that's that's one item and regarding the house lot uh I live my house is a long gated on a 50

by 100 lot what I like to know is if this is approved are you going to is it going to be two houses or why can't we just go to one Ranch like it was one house like it was instead of making another problem but that's all I got to say thank you there anybody else in the public who has not spoken yet that would like to speak for this project no do you want to add one more thing ma'am it just seems that since the last 25 years that we've lived on the street that anything that is added always brings our property values down and it's always short-term stays and long-term problems uh of people just coming and going you know we like to use our street without you know putting our lives at risk being able to walk our dogs without getting kills I mean we have the same amount of uh chances of getting killed on on tenth of a mile as we would if we took a walk on 95 and and that's not right it's a dead end street it's 1/10th of a mile and the lot I believe has been neglected and it's contaminated and it needs to be checked thank you thank you Miss madas can I ask you a question so it seems to me what you're telling me

is your concerned that if these two houses were built would not cause these problems but would exasperate the problems okay sir so having said that I heard you and your husband and the other gentleman talk about the speed bump it is this you could land a hell I I saw the picture I know I could tell it is outrageous because who's speeding yeah and let me ask my question let me ask my because I I heard all you and I and I take it to heart I looked at all the pictures carefully so what I'm hearing you say is that the speed bump seems to be problematic you talked about rain and storm water and you talked about flooding you talked about congestion you talked about speeding you talked about the lack of sidewalks so let me ask you this and you said you've lived there for 25 years so before tonight have you spoken to any Town official the mayor your ward counselor the Public Works director the police department about any of these issues prior to tonight yes sir okay we dealt with the Providence Community Watch or I guess you would call them because we had a lot of problems okay so you did speak with Town officials previously about these problems well we tried to tell Jolly about what was going on when they had the adult daycare hold on I can't I can't hear I'm sorry go ahead we I tried to speak to Mayo Lombard when they had the adult daycare center in the child day care center down the end of the street and on nice days the special needs people would like to walk down the street and enjoy the day well there are no sidewalks no I understand but I guess you answer my question so in the past you have spoken to town officials about these concerns I have sir okay thank you yes I I have a question for you uh you mentioned the

speed bu usually in Brent if I'm incorrect please tell me a speed bump is put in it's a process it's not that easy to get a speed bump put in in order to get one on your street people on your street must have requested that speed bump well that's exactly what happened like I was just speaking with the gentleman I did bring up my concerns and Mr Lombard's answer to having the people access the street was to put the speed bump in instead of make sidewalks he wanted to slow down I told him I said the special needs are going to get hit by the cars there's no sidewalks so he thought it was a speed issue when when it was a sidewalk issue so that's how the speed bump came into play okay thank you thank you thank you there's nobody else from the public I like to speak on this project I'm G to close the um public hearing question of um of this item agenda and open up for for discussion I think we've um heard a lot um about the about the street um from the from the neighbors um Gary I I I tend to um uh agree with you that um well maybe I'm assuming here but I I I recommend or encourage the um uh the abutters um who spoke tonight to continue to speak with um their uh the public officials um regarding issues on on voltero Street um my humble opinion that that those issues are valid um and uh in and speaking to Department

of Public Works and their Council and town councilman um or woman would be the best Avenue um for them to get those those issues um address um however I'm of the opinion that those issues even though they are a concern I my opinion is like it's it's hard to see the relevancy to the um uh uh to the item agenda that's just just my opinion um but I'll open it up for more discussion if anybody else likes to speak I don't think I could have stated it better than yourself David um hearing what Kelly said in terms of what the criteria are I'm not sure that we really actually do have an alternative it seems like they meet the standards of the state law and and these are pre-existing conditions um I think the town does the best it can to resolve them so um I'd leave my thoughts at that and just if I may just because this is Unified development review and the state law as you know has changed a lot so this is a minor subdivision the only reason why it's here is because it requires a special use permit if it was simply a minor subdivision without any relief needed it wouldn't be coming to you it would go to BR Brent and um those special use permit criteria um so in order for a project to um be applicable uh for a special use permit there are um items within um our zoning Our Town zoning um ordinance uh that the project would need to meet um in this instance

uh the um standards that the project would need to meet is that the lot be subdivided the lot to be subdivided was previously divided as more than one lot of record and um Brent you and your staff has researched that um and determined that is that is true and that the second uh design criteria is that the resulting lot areas after subdivision are no less than 5,000 sare feet um I don't know what page it is in our packet but we do have a um a Prof stamped professional land survey um that indicates uh the the property um that we're discussing tonight um subdivision into um two individual Lots equaling about 5,000 sare ft each so um the way that the information is presented to us uh the second standard of um uh criteria um meets the the zoning ordinates um so if are there any questions yeah I had one more question from Mr jamarco regarding the water that flows through that lot if he's aware of that and has any uh future plans for that you have to come up there is no water currently running through there there is uh all that behind it and the street after that everything is built so there is no water running through it whatsoever the base of that's in the street in the front has a pipe coming from Char street that runs down the center into the Basin which flows out to Canada Pond but besides that there is no water flowing from that

side at all okay thank you chairman Ju Just again just so that the planning board understands when someone pulls a building permit to build a home or anything on on a on a lot they still have to comply with drainage requirements and roof runoff so at the building permit stage this will be reviewed for any types of runoff issues sure yeah it's a good question just applicable further down the further down road for the for the project thank you for uh in this area we've also had uh there was man I believe there was some manufacturing at one time yes I don't believe so and my concern was this a private garage for residential car or is was this part of no correct it was Private it was the gentleman that owned the house that was knocked down used that garage and he had the two cars in wasn't used in manufacturing and there's no hint of hazardous waste in the area no there is not can I just ask a quick question Mar just out of curiosity um what size house are you looking at um build one story two story how many square feet one story yeah one story two-bedroom yes the one the pretty much the one that matches the houses on that street back the front Ranch 1200 ft 1300 y two bedroom correct thank you thank you thanks okay um do I hear a motion so moved I make a motion I'll make the motion to approve the special use

permit do I hear a second I'll start okay all in favor I I any opposed I have it uh second vote for this um item is uh for the minor subdivision um minor subdivision is uh indicated on the land surveyor plan um and with the one uh uh criteria that um rent I believe you'll be handling administratively is that the existing um L garage uh be raised yes I'm sorry Dave that's going to be shown on the site plan by notation okay yep do I hear a motion I'll make a motion to um approve the subdivision with the removal of the existing garage Mr Andre he has a motion to approve do I hear a second second all in favor I any opposed guys have thank you so just the record get Gary will be uh leaving the hearing I have to leave folks okay sorry I have to leave all right see you next time thank you next on the agenda is address uh 1525 Smith Street flat 8 lot

821 Z is commercial Village the applicant is s Alex Jackson 39 Ida Street Providence Rhode Island the description is recommendation to the Town Council regarding request for zoning text amendment to create a V for banket facilities which is proposed to be allowed in commercial Village zones by special use permit can I say something yes you may so just regarding the agenda item um I just want to be clear that the applicant gentlemen if you'd like to have a discussion we just the Acoustics are horrible in this room we just ask that you step out of the room to have that discussion thank you um so it's a little um it's it's a little confusing the way it's agenda uh because the petitioner is Mr Jackson and you know it will apply to 1525 Smith Street if the zoning order is approved but this just to be clear is a zone change that will affect the entire CV zoning District no matter where property is located in town okay so I provided a map in the back with the orange overlays um that shows every CV Zone in the town will be affected by this decision so just so you know exactly where the locations are that will be um amended and currently right now um uh a banquet facility is is not listed as a um use within commercial Village

right good evening Mr chairman members of the board good evening for the record John manini on behalf of the applicant petitioner as well as the owner of the property who has petitioned the Town Council for zone change specifically a text Amendment to the town Zone in conference to the town zoning code as you had indicated uh we are U adding banquet facility as a use within the table of uses allowing that use by special use permit within the table uh and identify it as such as a use as a conditional use in the CV Zone we were here at the last meeting in December uh we had a discussion with regards to the petition we're here requesting around recommendation to the Town Council uh the applicant does intend to go to the Town Council have a discussion with regards to zone change and um the board had continued us to this meeting for further review and to give it an opportunity to U look at look into it look into the code look into the maps and um and make itself more familiar with the application and more familiar with the request that we're seeking so we're here available to ask I mean sorry we're here to answer any questions that you may ask and to address any issues and concerns that you may also have thank you um so what we have in our our packet here is uh the proposed changes um if we can just go down the the line there um so in item item 14 this is would be one of the proposed changes to the ordinance cor correct facility listed as special use permit in a village correct that's the proposed text um and then we had at the last hearing we had discussed the criteria

that we had set forth uh uh and one of the things that the applicant was willing to amend was we had set forth in the petition that's before you in our proposal that uh the banket facility would be uh capped at 300 persons the applicant is amendable to revising that to 200 persons uh we also had talked about ensuring that there was proper parking available so any any applicant uh who would seek a special use permit would have to meet parking requirements within the town that we don't have an issue with that as a condition uh this applicant has ample parking at 1525 to satisfy its needs especially if it reduces its capacity um but again here we're only asking for an a recommendation with respect to the concept that's being proposed in the form of zone change that will be discussed by the Town Council and then at a later time if the ordinance is permitted then we will be back uh here both for planning review of a special use permit before U the board and at that point there would be you know plans that would submit that would show the parking scheme in the circulation but as of now we can say that we do have adequate parking so we don't view that as an issue for the petitioner but for this petitioner yeah I mean that this you know obviously as in all of your special use permits as you just you know handled this evening they're all on a case-by Case basis so you you any you know you you've been given the CV zones uh in any applicant who wants a banet facility in a CV Zone would have to follow your code right now you you have the um lancelotti banquet facility on sh Street which is in a CZ CV Zone but that is a

pre-existing non-conforming usage it's there because it uh predates the definition or predates the classification of the CV zone so we wouldn't be an exclusive bqu facility if we were to be approved um anywhere in the uh proposal does it does it Define banquet facility in our zoning Sprint we don't no and and the reason why we had reason why we're even here is because the code doesn't provide for bankrupt facility at all U and there are other uses within the table that are not specifically defined but they're identified uh so this would be a specific use that although not defined within the code is identified Bren I have a question for you for um uh criteria number two bankr facility shall conform to the maximum lot coverage prescribed for the CV Zone in section 204 District dimensional regulations do do you have a copy of of that with you what what those um I'm in the ordinance you're in it now I can tell you what it says it's either 40 or 50% I can't remember which one for CV 50% 50% do you know what the lot coverage is for this site that he's looking at uh yeah I believe it does conform and the reason why we uh propos that was because we wanted to uh address issues where

there are vacant Lots in the CV Zone and someone tries to uh construct a new facility from ground up that there would be an understanding that there's still requirements that the applicant would meet if it was to do a new construction ground up in a in a lot in a CV zone so I just want to be clear though without that language they still would have to conform but they could seek a dimensional Vari so that's what that L that language means they have to be at 50% um but they'd have to be at 50% without the language but there would be the opportunity to ask for a variance right so this eliminates the the request the request for the opportunity to request the variance for lot coverage be 50% of the lot area or less yes okay okay now I was going to look up definitions but so we don't have use code definitions so for that it would be up to the zoning official to determine what a banquet facility is um unless you wanted to add a definition but you know I mean frankly most owning ordinances do have use code definitions which is very helpful but when they don't it's an interpretation wouldn't this proposal identify it it would be a bank bank facility serving M more than 300 people yeah I know but what is a banquet facility I mean you could Define a banquet facility as anything right so most most restaurant but it doesn't say that it doesn't say that but but it's under if I may it's under the section heading restaurants and entertainment so it's it's in the category of restaurants and entertainment I mean I could imagine they're that but a B I mean all I'm

saying is that it doesn't have a definition that's it so if somebody comes in and Brent doesn't think it's a banquet facility I mean he you know he would take that position and then there might be an appeal to the zoning board I'm just saying there's no definition that's all I'm saying it doesn't need to be interpreted tonight yeah and and and to my point we didn't provide a definition because the other uses it would be awkward to provide one definition for banet facility and there other there are not other uses in your code that provide definitions um yeah it just would be kind of a sore th uh fourth um criteria the applicant for a banket facility shall provide a parking plan to accompany the special use permit application before I go to the next um item uh BR can you speak on the if there are any parking requirements applicable for um banquet facility so I just use restaurant um they do it by seating one space for every three seats or occupants in the uh the space so under under this design criteria without going to um provision 4 a yet um it would be 300 actually I'm confused did you amend this to say 200 sir yeah yeah we'll we'll amend that and we'll we'll provide a Revis before the Town Council hearing

oh 50 it' be 50 50 spaces for 300 people thanks for doing that it was easier when it was 300 people okay you said four per four one per four people one per three okay I didn't do the math right then so 200 divided by three I thought he said four so it's 66 spaces actually 67 you round up round up you're right David yes 67 okay and then the the way that the proposal is written to us in the event that the baker facility um is to be part of an existing commercial structure for complex with shared parking the shared parking spaces shall be counted towards the banquet facilities required spaces under the zoning ordinance so the way that I interpret that is if there is a if there is a shared parking lot here you and in a in an existing commercial complex and a use moves out that requires less than and I'm going to just say that the the banker facility that's moving in has maximum 200 people that the use moving out required less than 67 spaces that the new use of a banket facility with a maximum of 200 people if the square footage of the space allows for an occupancy of 200 people then the banquet facility for this can basically absorb the spaces

that the existing use was regulated for and utilize other parking spaces that may or may not have be counted for other uses within the complex correct yeah it could usurp the other SP parking spaces when they're not occupied in in instances where you have uh businesses that operations bypass one other meaning that you have certain businesses that may be operated N9 to five but the bankrupt facilities is having event 5 to 10 so there were spaces that would be occupied between nine and five now are absorbed or used by the bankr facility is operating between five and nine or between 5 and 10 so again those would be the issues that would be flushed out at the time that the applicant submits what whatever their parking plan is but that would be a that would be a scenario um that uh this ordinance language does not allow the board to regulate it doesn't so so I think can I put it simply yeah this language would not require parking for the banquet facility correct in under any circumstances if you're in a commercial Plaza corre it's essentially saying you don't need any parking for this use right I understand so I understand do you do you guys understand yes yeah so we don't the applicant doesn't have a problem eliminating that condition I mean our our proposal is not to have no parking I mean we want to um you know I think it's I think we agree with we we think it's good planning I should say that these banquet facilities have parking right you don't want to put these types of facilities in any Zone without any parking it wouldn't make sense it wouldn't work for the

applicant and I don't think it would work for the town um so if that is a concern if that is how the board interprets that and reads that is concern that applicant May abuse that then we're amenable to withdrawing that condition this applicant has parking that it will use I mean the the plan here will work uh so that was there to protect uh other applicants or other you know the idea here is we have to create conditions that are not only applicable to this applicant but also being um sensitive to other applications and other times kind of foreseeing some of the issues we it wasn't our intent to have banquet facilities with zero parking so we we we don't we're not putting that there for that purpose so if it's if it's an issue we have a problem we don't have a problem removing it yeah um I just don't uh 100% agree with that um I mean if we're if we're discussing commercial Village in its um kind of in its uh uh spirit um you know commercial Village should be in spirit should be um promoting um actually less parking because of the uses within the commercial Village are um smaller in nature which lend themselves to the residents of a Village area to utilize a commercial area um by foot foot travel or or a bike um or even even public um public transportation um you know uh rather than um being um an opportunity for um for for denser

um uh development rather than um rather than for development that is um large in nature and and requires um subsequent larger parking spaces sure sure now now that that you're you may you um make absolute sense that's correct and even in your comprehensive plan you know the concept of commercial Villages the idea of a um the the the fostering of pedestrian traffic to an area for the commercial exchange without the hassle of parking and the like it makes sense um I mean again we're we're we're here looking for advice to provide um this ordinance so that we can present it to the planning board I'm sorry to the to the Town Council with your Insight being the stewards of the com comprehensive plan and the town's planning regulations so as of right now how does the applicant propose for the the planning board to review what we have in in in front of us under um the design or under the the criteria for special use permits I you would like to change 300 to to 200 corre we want to change 300 to 200 okay for the board's knowledge item number two um Brent confirmed that the maximum lot coverage prescribed is is 50% um item three I think is self-explanatory that a banker facility shall conform to maximum Building height of 35 ft which I think would limit if the bill if the bankr facility is trying to move into an existing structure that is over 35 ft they'd be prohibited from doing so

correct yes yep and then item number four the applicant for the banker facility shall provide a parking plan to ACC company the special use permit application and then this is where um I think you would need to make a decision if you want to move forward with a or what what what I would suggest is that we remove a and in its place um amend for to read the applicant for a banquet facility shall provide a parking plan to accompany the special use permit application that conforms to the town's parking requirements uh so we utilize whatever the town at that point believes is appropriate parking requirements for this for that zone for that property in that are area Okay so a is struck uh a would be struck yeah I would I would suggest to strike it and a amend four to read uh just basically add that shall conform to the town's parking requirements so the parking plan submitted as part of the application uh complies with and conforms to the zoning requirements for parking can I ask Brent a question when this first this property first became before the board like months ago yes you had done a parking analysis mhm wasn't it already overp parked yes so I I mean just from a practical standpoint how is the applicant when he comes back for a special use permit going to conform to that requirement which I would say should say um the applicant for a banket facility shall provide a parking plan to a company special permit application that conforms to parking for restaurant because that's what sure Bren is using rather than

making it something that we don't know which use to apply but how does the applicant intend to conform to that when he comes back for a special use permit if it's already overp parked so I will say that my analysis we're going to use the parking spaces to the rear of the building that are not used so my analysis didn't take into account offset hours no no no that's not what I'm asking there's so many parking spaces on the site front back I thought you had done a parking analysis that says even with the back parking spaces it's overp parked so that's for all the uses being used simultaneously essentially right but that's that's what this will say because again you don't like I know John makes the point that you know there could be shared parking when some activities happen during the day and some activities happen at night but this this condition doesn't talk about that there's no analysis about when these activities are happening so you could in theory have a commercial plaza where every single use is operating four to 10 every and this would still apply so there's no analysis about shared parking it so I'm I'm just trying to be practical about this with this applicant is that is that property already overp parked because they're saying they're going to use spaces that perhaps weren't counted well well that and plus we reduced our space we reduced our count now to uh 200 people which would be I get that but John if the pro I don't care if you put 10 people in it it's already overp parked I I I agree so so the the the issue is we we've we've done analysis I guess the issue is to confirm whether the town

agrees with the analysis that we purport uh which based on 200 people based on the use of parking spaces to the rear and based on the shared use we uh we meet the requirements but but there's no there I know they use the word shared but that's not defined and it's not there's no analysis about how it's being shared yeah so that's not going to come into play with the special use permit So when you say there's an analysis special ed pyrit criteria are just specific and objective where you check the box you're not doing any kind of analysis so if the applicant for a banquet facility shall provide a parking plan that conforms to parking for a restaurant as well as all the other uses I should say that as well as all other uses on the lot if it's already overp parked how does this applicant get its special use permit in a month even if this passes so perhaps we could add um the verbiage that conforms to the town parking requirements for restaurants or receives appropriate variants or parking waivers you can't do that with a special use perm do that all right special use permits are specific and objective criteria you cannot vary the the conditional those specific and objective requirements you you can't do it then I would just ask the board to leave it as we've proposed it and then so your 4A would address that issue right but then you'd have no parking requirement at all so again we're not just looking at this property maybe it works maybe it doesn't on this property you're looking at all CV properties so every time you have a CV property with a commercial Plaza a banquet facility of 200 people would not require any parking that's what that says

can I ask a question to the chair yes uh Mr manini could you tell me the hours of operation of the of this banquet facility this proposed banquet facility it would VAR based upon when the bookings would happen I don't think they have specific hours but I'll I'll swear in the applicant sing the yes I do Samuel Alexander Jackson can you tell me Mr Jackson the hours of operation the maximum hours of operation uh my maximum hours operation would be from I'd say from 9 to 1 say it again 9 in the morning 9:00 am to 1 a.m. doesn't mean I'll be that's just the time I would be open for events I may have an event that's 12 o'clock in the afternoon I may have an event that's nine o'clock at night it doesn't mean I'm going to be consistently open from 9 to 1 it's just depending on the event if it's a birthday party they want to have the birthday party at 10 10 o'clock at night then I'll have that birthday party at that time but my closing time would be one but if you if and I've been in that parking lot area several times right at at 1011 or or 12:00 during the day that parking lot is packed you realize that right so I have done my own personal analysis of the parking lot Mondays are typically the most busiest time there but the back of the space no one uses the back of the parking lot even though if you were to

count technically count all the vendors there and what parking that they would be allowed and I understand what she's saying that I would be over 200 but no one ever uses the parking lot in the back and mundies are typically the most busiest time anytime during the week after that I don't have a problem with dedicating the back parking lot specifically just for me then that way I'm not affecting the front of the parking you know anyone in the front so again it's I know that I been working on this for a couple of years now I know what's going on in that parking lot and no one ever parks in the back of the building so that's really where I'm at no one uses the back of the building I don't have a problem using making my main entrance the back of the building if there happens to be um during the course of the night if I'm doing an event at night and 50 or 60% of the buildings the vendors are closed and I see that I can use the front I I'll use the front if it's not an issue or I'll just continuously use the back okay thank you you welcome Mr manini where are we with the applicants um criteria number four I'm going to leave it as proposed because I don't I um so if there's an issue with this applicant then if if we haven't confirmed the in other words if we have a difference if we have differ differing opinions with regards to analysis then obviously we don't want to pigeon hole ourselves into language that would ultimately be detrimental to the variants that we're seeking or the special use permit that we're seeking

um if the I mean we could if the board is scared that uh a causes there to be no parking I I don't read it that way I mean it says shared parking spaces shall be counted towards the banquet facilities required spaces under the zoning ordinance so it says here shared parking is part of the parking that can be attributed to banquet facilities so that means the entire shared parking lot would be counted towards the banquet facility only which means the banquet facility doesn't have to add any spaces because they're sharing other spaces right right if the banker facility is is moving into a space that only required five spaces right and that's how the parking lot was designed originally in a in a shared parking spot so that that space only got assigned five spaces in the parking hot analysis of the time of the development and a banquet facility moves in with 200 occupants then five of those shared five the spaces are attributed to the bankr facility leaving the bank facil um uh uh left 62 spaces that are that are going to um congest the rest of the parking lot but that that's the way I'm looking at it you know if the U and I agree look the the state statute specifically says that special use permits must be accompanied with uh objective criteria maybe parking is not something that can be done as an objective criteria so I don't have an issue with eliminating number four in its entirety and leaving parking an issue to be discerned by the plan by the by the zoning official and if a variance is required and a variance is required the board will can can discern that at that point you know I mean any use has to

still comply with your zoning ordes but again the variance criteria under state law has been sign significantly reduced and it's it specifically says if you have a permitted use a bu rate permitted use you're entitled to relief so again it would end up at zero that's what would happen with a variance I think the qu I think the question here is whether a banquet facility itself should be allowed in a CV Zone we have any other questions for the applicant no no thank you do you have any more information to share no I think that's that's it I think I think the you hit the nail on the head is a banet facility should should a banet facility be allowed in a CV Zone I mean the the fact that the general assembly has lessened the burden of the special use permit of the variant shouldn't be held against us the application is what it is we're seeking a bankrupt facility as a use in a CV Zone that would be permitted as a conditional right under a special use permit pursuant to R general laws in the town zoning code that's the that's the request and and the the the ask here is a recommendation of that request to the Town Council thank you thank you I just wanted to say that I've spoken to all the vendors there in reference to the pareting situation and and explained to them and asked if there would be any issues if I was to use the back of the lot versus the front of the lot and if you need me to get a petition signed they they're all willing to sign it so there's no issues with the vendors

there as far as that part of it is concerned you know thank you okay thank um I see nobody in the public Gallery so um I to open up the public hearing and then CL no you don't it's just a recommendation okay so um I'll open up to the board for for discussion have anything to discuss so if we bring a positive recommendation it's as it's written here well so you it's a recommendation period right so if you like it or parts of it you can say listen we recommend approval if you change this this and this or you could say we recommend approval you could say we don't recommend approval so you have three different options we recommend the whole thing as is we recommend approval with the following changes and why or we we recommend denial and why but then again every applicant would have to go to the council for special use no no no this changes the zoning ordinance to allow banquet facilities by special use permit if they meet these criteria so if they meet the criteria that gets passed by the council they would in theory like th these this applicant would just go to the zoning board they would you wouldn't see them again because there's no land development project associated with it and if and if you can check the box

okay it's uh a capacity not exceeding 200 or 300 whatever you decide it the the law area works the banquet facility should conform to maximum height and then the last one it's actually a gift it's oh by the way you don't need any parking that that's what that says e Mark do you have any other points of discussion or or questions I don't don't let let me let me just throw this out and this is suppose another group came in here and wanted to open a we'll call it a banquet facility yep let me call it a fraternal organization group we have well it would have to be a banquet facility it could be owned by a fraternal organization okay but they now they have a facility okay yeah but this is would be a facility too okay so now you want to set the rules for that specific one okay it can't be more than 200 capacity and all that stuff um so any organization that wanted to have a bankr facility in there in CV in a c in a CV y okay and what's the chances of them

going into a CV and not going into some other area it's not allowed in any other area as proposed it's only allowed on CV that's proposed it's a whole gray area it still is I don't know how you're going to identify I mean yeah if if we say we we allow it in CV area but it can be allowed in any area has to be CV and it has to meet these standards I mean this is clearly this is an ordinance that's intended to benefit this property right but it does affect every other property in CV so along um I'm thinking this this area right must be CV right area merville is CV yeah so all the little like Village areas would be allowed to have a banqu facility and they would not need any parking if if the banquet facility is to be part of an existing commercial structure so that's an existing structure yeah you could have a standalone or yeah or complex with shared parking shared parking yeah so so in you know I think what you're you're trying to doen so if the um if a bank with facility oh this is where's the how can I not think of any strip malls in in merville if a banet facility wanted to move into where ac across the street from Twins Pizza right say that

liquor store moved out B facility is is going in there and let's just say that that facility that liquor store you know which one I'm talking about one no no no that liquor store you accommodate 150 people right the way this ordinance is is going to is is written is that there's there's no added parking to that that small parking lot okay the banet facility can remain in there well can can be built in there and no spaces are added in that little parking lot that's across from Twins Pizza okay let me let me let me throw this one at you we just changed Admiral Plaza to CV am I correct no we just changed the zoning on that what's Admiral plaz Admiral Plaza which one's the Admiral just ad Plaza with sh's Mark yeah that's CG now CG right yeah yes CG okay if I wanted to go into one of those stores and put in a banquet facility you wouldn't be able to okay now on the end of that building there was a Chinese restaurant there okay and that Chinese restaurant could fit close to 200 people yep okay it looks like it might be getting cleaned up some work being done in there it is okay I have no idea what the function is whether it's going to be retail or a restaurant another Chinese restaurant of the Chinese restaurant do they have to come would they have to come to us if this was CG in in that area that's the only other piece of property we got in this state if it was a banquet facility they wouldn't be it allowed but you could you by the way you can say to the Town Council we think it should be allowed in

CG yeah that that's the only in my I'm sorry my my reading of the comprehensive plan in the zoning order and CG is does seem the most appropriate zone for a banquet facility the way that the way that CG is defined and the way that and that could be your recommendation so I think CG if we have it by special permit they be maxed out of 200 whereas in CG zones I think know 300 400 500 person capacity venues are not out of the question but you could say yes for CG yeah the problem is the problem is that there's a specific property before you that's trying to get this bankrupt facility in a in a CV where where the you know he he doesn't own it so like I mean if it was in a CG this might be a great use right and they'd have to provide parking they you still have to provide parking um but but they're trying to put it in a CV to suit one property but it's townwide it's affecting other places it'll affect any any property in CV they'll suffocate them so this whole thing came up because of parking so the the the response is well we don't need anyone have to think CV zones are pretty much centerdale and down Charles Street for the most part anything else no okay no

you you can or you could say this is what I think would somebody like to make this motion well I mean I know I know I some people pass the chair I think that's weird but you could pass the chair and then so you'd pass it to Steve and then you could make the motion or you could just he becomes the chair for the motion or not I you don't have to do but but what you could do is say these are my thoughts if somebody agrees with me they can make a motion do anybody on the board have any further discussion or is that the point where they can render an opinion to make a motion tonight on this to make a motion not to vote on it but to make a motion you may have to help at times okay can you go over the choices we have so the choices are you can recommend approval as is you can recommend approval with changes and then you outline the changes and you say why or you can recommend denial and say why I'm opinion that the the way that the the ordinance is being revised as opposed to us um will negatively impact the um the the type of development that is um uh encouraged in commercial Village zones um so as of right now I'm in the opinion that um

The Proposal be um that the council um be recommended not to approve the proposal as as written you can also um defer to some of the um statements from the comprehensive plan that R put in his let me um Let me throw one more thing any type of facility like this would probably probably have a liquer license attach to it oh yeah okay and they would have to go to the council for yeah okay and they would probably be entitled to it if the use is allowed right right I they still have to Goot the counil right but but I just want to be clear because I think you're you're intimating that they could deny it and they'd be entitled to it if they were denied they'd go to DB and they've win it on appeal unless it was a B license and they were limited or something like that but I mean generally speaking if pH I'm not I'm not saying that it be connected to it but um they have to go to the council to get the lior license if we app if we recommended that we approve this that they approve this subject to subject to a case by casee study of the parking you can't that that's not

what this does it's a zoning it's this is going to be dropped into your zoning ordinance just like you did with the minor subdivision of substandard lots it's going to appear just as it is if so banket facility is allowed by special use permit in CV Zone if you meet the following criteria that's it the council will never get involved again so in in I'll just read from the staff report which I believe is taken right out of the ordinance for the definition of commercial Village ZM this district is established to recognize that certain areas of town are characterized by smaller commercial establish establishments that predominantly serve a particular neighborhood or segment of Town's population versus townwide or intertown the district will have uses that are different in scale from those found on Mineral string Avenue uses that are not permitted are fast food restaurants repair stations and other large Superstore Ty businesses the intent of this zone is to protect the surrounding residential neighborhoods limit the amount of traffic on existing streets and prevent urban sprawl I know we don't have a definition of what a bankr facil is but I can make a a reasonable um assumption in ining that the bankr facility is not a small commercial establishment it's a large commercial establishment um in that it has the opportunity to serve a neighborhood but I I don't believe that it is limited to serve a particular neighborhood or segment of the town's population I believe it will serve the town as a whole and will also serve other towns as a destination to

have various types of Celebration banquets again I am of the opinion that commercial Village zone is not Define to encourage a banquet facility to be developed within the commercial Zone within the commercial Village Zone I do however um uh understand the fact that Our Town doesn't have in the event that our town doesn't we don't have a banker facility defined in our in our zoning ordinance right but if if a bankr facility came before you in a commercial General Zone would you render the opinion that the bankr facility um could be tied to a restaurant use that is applicable in a commercial commercial General so I say be unclassified use be un classified use and then therefore you would have to make the opinion on what used to put it in so our town right now does not prohibit a banet facility from being developed in the commercial General it's not prohibited no great okay so our town does have opportunity to develop banquet facilities within the town within a a commercial General Zone as of right now yes great okay

um yeah I mean based on your discussion somebody could say I move to recommend n based on the chair's comments and the staff you go can I just just request that um we um just continue the application because we're going to take a look at the um at what the subitle is and uh reclassify our use I don't think that um we necessarily need a banquet hall or banquet facility classification so we're going to look at the CV we want to look at the building look at the uses and we're going to um kind of redesign what we're thinking here and then U come back does is any of do any of the board have questions on on the applicant's proposal so let me procedurally John would you be withdrawing your application or should the Town Council continue it for a month I'm I'm going to ask them to continue it okay I'm going to go back to your code honestly I don't I don't know why we have to call it a banquet facility when we can do something different there that's what that's allowed within the CV Zone and and not have to go through this mental exercise and extreme exhaustion of of you know why expend all these brain cells when we don't have to do it yeah I'm sure you're thinking like it could be a restaurant it's a restaurant but you might you you still have to comply with parking that's been a problem yeah I think that's where yeah I think I rather focus on that yeah then then then that's great then try to put a round peg in you know what have you but yeah let's let's let's let's agree to fight another day thank you what do we need to do for that so you don't have to do anything um

and I think Brent should just send a memo like one sentence saying the uh applicant asks to hold the ordinance and that you know he's going to ask for a continuance um yeah I I'll follow up and do that tomorrow with the cler okay thank you so um sumara told me that she was going to be attending tonight uh sumara told me that she was going to be attending tonight but uh she didn't make it unfortunately we can discuss the comprehensive plan I believe this gentleman is here um oh all right another gentleman told me that he was going to come here to discuss the comprehensive plan he also didn't make it tonight why I'm gonna make a suggestion that you talk about it when Su here I agree I think the discussion with questions is going to lead to why isn't Sue here yeah yeah I agree I I thought he was here for this if he's not then want to talk about the cont plan yeah where you guys going thank you thank you for the invite I think it's not going to be that long you know so yeah I would just say continue to the 12th February 12th do I hear a do we have to make a no okay no more motions do you want to bring up the Statewide planning training again to do I want to bring it up is anybody doing it this month uh not the three-hour course I'm doing the one hour course I already did the three-hour course the three-hour course would have been today I'm scheduled for February for the three-hour course I didn't know they're

going to have one in February I thought February 28th or something if you could send me that information that'd be great and I'll pass it around yeah all right do I hear a motion to adjourn motion to adjourn second all in favor I I so I was going to ask you just to expedite the last one so we could write a good don't yes over here okay I think it's based on said that I go to like there's there's we do like cations you go to