TOWN OF PORTSMOUTH PLANNING BOARD 2200 East Main Road Portsmouth, RI

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1 TOWN OF PORTSMOUTH PLANNING BOARD 2200 East Main Road Portsmouth, RI PORTSMOUTH PLANNING BOARD Regular Meeting April 8, 2015 Members Present: Guy Bissonnette, Kathleen Wilson, David Garceau, Michael James, Luke Harding and Ryan Tibbetts Members Absent: Edward Lopes Others Present: Leon Lesinski, Administrative Officer, Planning Board and Atty. Kevin Gavin, Town Solicitor The Meeting was called to order by Mr. Bissonnette at 7:00 p.m. 1. Agenda Continuances/Modifications Mr. Lesinski reported that Atty. Vernon L. Gorton requested a continuance for Agenda Item #4: Northern Waterfront Associates, LP, AP 16, Lot 37, AP 17, Lots 8 & 9, AP 22, Lots 2, 3, 4 & 10, AP 23, Lots 18 & 29 (The Newport Beach Club.) MOTION: Mr. Harding made a motion, seconded by Ms. Wilson, to continue Agenda Item #4: Northern Waterfront Associates, LP, AP 16, Lot 37, AP 17, Lots 8 & 9, AP 22, Lots 2, 3, 4 & 10, AP 23, Lots 18 & 29 (The Newport Beach Club), to the May 13, 2015 regular meeting. All in Mr. Lesinski distributed copies of an sent to him by Molly Magee with her comments with regard to Agenda Item #7, Render an Advisory Opinion to the Town Council for a Zoning Ordinance Amendment proposed by the Town Planner under Article XV, Sections B and C for an amended definition of Agriculture and the conduct of non-farm activities on lands principally used for agriculture. 2. Minutes for Planning Board Meeting of March 11, 2015 MOTION: Mr. Harding made a motion, seconded by Mr. Tibbetts, to approve the minutes of the March 11, 2015 meeting with the following correction: Page 10, paragraph 7, under the motion, delete the last sentence and replace it with The motion was carried. Messrs. Bissonnette, Harding & James opposed the motion. All in 3. Daniel Witteveen/Newport Land Management, LLC, AP 36, lot 42 (71 April Lane) Approval of the Final Plan for minor subdivision (two lots) John Braga, Jr, P.E., 144 Rhode Island Blvd, Portsmouth appeared as the project engineer. He requested final approval for the plan. MOTION: Mr. Harding made a motion, seconded by Mr. James, to accept John Braga, Jr., P.E. as an expert in field of civil engineering. All in

2 April 8, 2014 page 2 Mr. Braga continued with a brief review of the plan. The site for the two lots is 52,000 square feet in an R20 zone. The proposed lots meet all the dimensional and frontage requirements. In January, RIDEM issued ISDS approval for the septic upgrade for the existing residential structure on proposed Lot 42A. Mr. Braga stated that his engineer s stamp appears on the large plans submitted to Mr. Lesinski. Mr. Bissonnette called for public comment to which there was none. MOTION: Mr. Harding made a motion, seconded by Mr. Tibbitts, to make final plan approval for Daniel Witteveen/Newport Land Management, LLC, AP 36, lot 42 (71 April Lane.) All in 4. Agenda Item # 5, Discuss Aquidneck Island Planning Commission (AIPC) and report of AIPC activities Ms. Wilson reported that at recent AIPC meetings, members from the Portsmouth and Middletown Town Councils questioned the existence of and need for the AIPC. She also reported that Portsmouth has not paid the member town contribution for 2014 and Ms. Wilson and other Planning Board members discussed examples of AIPC produced grants, studies and planning changes that have benefited Aquidneck Island. 5. Agenda Item # 6, Review Status of Revised Comprehensive Community Plan Gary Crosby, Town Planner gave an update on the data gathering and analysis process in the development of the revised plan. He noted that the Town of Middletown has a draft of a revised plan pending state approval. The plan is on the Middletown website. 6. Agenda Item #7, Render an Advisory Opinion to the Town Council for a Zoning Ordinance Amendment proposed by the Town Planner under Article XV, Sections B and C for an amended definition of Agriculture and the conduct of non-farm activities on lands principally used for agriculture Gary Crosby, Town Planner requested an advisory opinion to the Town Council for the proposed amendment to the Zoning Ordinance of a definition of agriculture and the conduct of non-farm activities on farms. In March, the Planning Board tabled this matter until the Agriculture Committee came forth with its advisory opinion, dated March 30. In response to Mr. Tibbitts who requested Mr. Crosby s stand on items 1 & 2 of the Agriculture Committee advisory opinion, Mr. Crosby stated that the Agriculture Committee s recommended maximum farm stand size of 1000 square feet is excessive, particularly since the ordinance would allow by right this size on every parcel in the town. He and George Medeiros, Portsmouth Town Building Inspector determined the 300 square foot size in keeping with a concept that allowed farms to engage in some retail sales of their produce. Mr. Crosby expressed greater concern with item 2 of the Agriculture Committee s advisory opinion, which unpins the sale of produce and products in farm stands from the premises or from an adjacent parcel and essentially allows operators to sell stock from other farms or areas. He commented that this change along with a larger size farm stand shifts the concept of a farm stand toward a larger retail outlet, which would be allowable on every parcel in Portsmouth. He clarified for Mr. Tibbitts that the purpose of the amendment was to bring the ordinance in line with state law with regard to the special use definitions. He also noted that he recommended 500 to 600 square feet for a maximum farm stand size to the Agricultural

3 April 8, 2014 page 3 Committee. He noted that the Town Council s concept for a farm stand was not on the scale of Sweet Berry Farm in Middletown, which constitutes a larger retail sales outlet. After taking comment from Planning Board members, Mr. Crosby suggested that if the Board wanted to adhere to the Agriculture Committee s advisory opinion, he would revise it to state that a farm stand is a structure of no greater than 600 square feet for the sale of agricultural or horticultural products the major portion of which are grown or produced on the premises or elsewhere by the same producer and must [have] off street parking. He argued that the produce or products have to be tied to the parcel or the producer in order to be in keeping with the definition of a roadside stand. Otherwise, Mr. Crosby emphasized that he would not recommend any changes to definition of farm stand to the Town Council. Anne Fiore, Chair, Portsmouth Agriculture Committee, 290 Frank Coelho Drive, emphasized that the committee did not intend, through the advisory opinion, to allow outside producers or non-farmers to sell produce or products in farm or roadside stands throughout Portsmouth. She further stated that the intent was to allow Portsmouth farmers to sell their produce, which is cultivated on their farmed parcels, in a farm stand located on their premises in Portsmouth. She used her own retail sales to demonstrate how 300 square feet would not meet her needs. She recommended that the operation of a roadside or farm stand be allowable only to farmers who participate in the farm tax exemption program. Mr. Crosby did not recommend that the operation of a farm stand be limited to only those farmers who qualified for tax exemption program. He suggested that matter of defining retail sales be tabled to later discussions in order to construct agreeable language. He recommended that the Planning Board determine whether or not to recommend the proposed changes to the use tables. Mr. Harding expressed his desire to develop language that would allow farmers and horticulture producers to develop their retail sales operations on a larger scale on their premises. Mr. Crosby stated that this concept is not in keeping with the ordinance s definition of a farm stand. He and Mr. Bissonnette agreed that it was more of a concept of commercial enterprise. Board members discussed several wording alternatives for item 2 of the Agriculture Committee advisory opinion. Anne Fiore suggested the wording land under farming or agricultural production which she felt the Agriculture Committee would deem acceptable. She commented that this would allow for one retail location and accommodate growth. She suggested two categories of farm stands, one that fits the current definition and is allowable to the general public and another with broader allowances for farmers who are engaged in the business of agriculture and who participate in the farm tax program. Mr. Crosby stated that he was presented seeking an advisory opinion from the Planning Board on the language he originally presented at the March meeting. Mr. Bissonnette called for public comment. Referring to her letter to the Planning Board, dated April 8, 2015, Nancy Howard, 16

4 April 8, 2014 page 4 Diane Avenue, argued that the advisory opinion/letter that was submitted by the Agriculture Committee was not approved by the Agriculture Committee at the March 15 meeting that she attended. She claimed rather that the committee approved a letter submitted by Steve Cotta. She also claimed that while the committee agreed to strike the words shall have a limited, defined durations and, it did not agree to the verbiage.permit to be issued with 3, 5 or even 7 year durations,. She could not recall Ms. Wilson s recommendation to increase the farm stand size to 1000 square feet. She claimed that the Agriculture Committee did not authorize Ms. Fiore to write and submit the advisory opinion, dated March 30, Mrs. Howard argued that the revision proposed by Mr. Crosby is unnecessary because farmers can already request special use permits applications to the Zoning Board of Review. She gave examples in which special use permits were approved and denied as outlined in another letter by her dated April 8, Mr. Crosby explained that his proposed amendment broadens the use tables with the addition of special events which would give the Zoning Board of Review greater flexibility in determining whether or not a specific proposed use fits with the legal use definitions. Anne Fiore addressed Mrs. Howard s comments. She stated that the Agriculture Committee viewed Mr. Cotta s letter as a draft and voted to integrated approved changes and additions to the letter for a final iteration. She stated that she did not write this piece, dated March 30, 2015 but signed it as the chair of the committee and felt that its wording is well within what was approved at the March 15 th meeting. She took exception with Mrs. Howard s comments, which she feels questions her integrity and actions as the committee chair. In referring to the state statute, Title 2, Agriculture and Forestry, Chapter 2-23, Right to Farm, Section which reads: The mixed-use of farms and farmlands for other forms of enterprise including, but not limited to, the display of antique farm equipment, retail sales, tours, classes, petting, feeding and viewing of animals, hay rides, crop mazes, festivals and other special events are hereby recognized as valuable and viable means of contributing to the preservation of agriculture, Ms. Fiore argued that the town ordinance should be updated to be consistent with state law which now allows further uses by right and that the Agriculture Committee responded to this in its recommendations set forth in its advisory opinion. She requested that the Planning Board include the Agriculture Committee s recommendations in its advisory opinion to the Town Council. Ms. Wilson agreed that she suggested the 1000 square foot size limitation for roadside stands. Mr. Bissonnette noted to Ms. Fiore that the state law is recommending certain uses but the town has the right to be more restrictive in its ordinance. Mr. Crosby further noted that the state law does not permit the expanded list of uses by right but recommends them as a policy statement to define other means of preserving agriculture. Nancy Parker Wilson, General Manager, Greenvale Vineyards, 582 Wapping Road stated that Ms. Wilson suggested the 1000 square feet farm stand size at the Agriculture Committee s March 15 meeting. She spoke on the difficulties that farming enterprises face and the need for local support for alternative commercial operations on farms. She suggested that the Planning Board recommend the 600 square foot farm

5 April 8, 2014 page 5 stand size in its advisory opinion. Brad Dellenbaugh, 711 Wapping Road commented that the Town of Portsmouth has the right to establish ordinances that allow or don t allow certain activities. He expressed concern that under the current ordinance, farmers have to comply with the special use process in seeking permission to establish uses on their parcels that are not by right allowable. He stated that this check is eliminated with the approval of the ordinance amendment and neighbors would not have a chance to voice their concerns in a hearing. He expressed concern that allowing farms to hold special events by right could result in negative impacts to the surrounding neighborhoods. He felt that the proposed amendment is an attempt to accommodate a state law that doesn t require the town to do so. He asked that the Planning Board slow the process down for further discussion. MOTION: Ms. Wilson made a motion to table Agenda Item #7 to the May 13, 2015 meeting. The motion was not seconded. MOTION: Mr. James made a motion to schedule a joint meeting of the Planning Board and the Agriculture Committee. The motion was not seconded. MOTION: Mr. Harding made a motion, seconded by Ms. Wilson, to make a favorable recommendation to the Town Council for the Zoning Ordinance Amendment proposed by the Town Planner under Article XV, Sections B and C for an amended definition of Agriculture and the conduct of non-farm activities on lands principally used for agriculture with the following changes: Page 1, under Article II Definitions, Roadside Stand, delete 300 square feet and insert 650 square feet and further delete an adjacent parcel and insert or elsewhere by the same producer. All in 7. Agenda Item #8, Review possible technology upgrades for Planning Board presentations The Planning Board members agreed to form a committee at the May 13, 2015 regular meeting to investigate technology upgrades. 8. Agenda Item #9, Approve Monthly Project Status Reports, Administrative Subdivisions and Plat Plan Recording Mr. Lesinski presented Monthly Project Status Reports, Administrative Subdivisions and Plat Plan Recording, April 8, MOTION: Mr. Harding made a motion, seconded by Mr. Garceau to accept the Portsmouth Planning Board Monthly Project Status Reports, Administrative Subdivisions and Plat Plan Filings, April 8, 2015 and to place it into the record. All in At 8:34 p.m., a motion was duly made and seconded to adjourn the meeting. All in

6 April 8, 2014 page 6 Respectfully submitted: Dede Walsh Recording Secretary for: Leon Lesinski, Administrative Officer Leon C. Lesinski Administrative Officer