2020.05.26 Town Council Agenda Page 1

East Greenwich Town Council Joint w/School Committee and Regular Meeting Tuesday, May 26, 2020 at 7:00 PM Town Hall, 125 Main Street, East Greenwich, RI 02818

Agenda (Any matter listed on this agenda is subject to discussion and a vote by the Town Council.)

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1. Call to Order and Pledge of Allegiance to the American Flag 2. Public Comments:

(This is an opportunity for members of the audience to bring to the Council's attention any item not listed on the agenda. Comments shall be limited to three (3) minutes per person with a maximum of fifteen (15) minutes for all items. Speakers may not yield their time to others.)

3. Joint Meeting with School Committee:

3.a Presentation of School Committee's FY 2021 Adopted Budget by Superintendent Alexis Meyer

3.b Public Comments 4. Consent Calendar and Communications:

(Any agenda item of a routine nature or items provided for informational purposes only; considered under a single action. Any Councilor may have an item removed and considered separately on request.) 4.a Minutes from April 27, 2020 (Virtual Regular Meeting - Open Session)

2020.04.27 Town Council Minutes DRAFT.pdf 1

2020.05.26 Town Council Agenda Page 2

4.b Application for TRANSFER of a Victualing License FROM PB & J, LLC d/b/a Raw Bob's Organic Juicery TO RI Doughnut Venture Group, LLC d/b/a Knead Doughnuts located at 333 Main Street. Raw Bobs to Knead.pdf

5. Reports and Presentations:

(Any agenda items requested by the Town Manager, Town Council or Town Solicitor, or any item requiring a formal presentation by boards and commissions, or other agencies.) 5.a Report from Town Manager on COVID-19 Response Update and FY 2021 Budget

Update 6. Public Hearing:

(This is an opportunity for members of the audience to provide testimony/comments on the specific issue being considered.) 6.a Application for RENEWAL Class BV Alcoholic Beverage License with Victualing,

Entertainment and Outdoor Sidewalk Alcohol Service for Renegade Restaurant Partners, LLC d/b/a Revival Craft Kitchen and Bar at 219 Main Street effective May 26, 2020 through November 30, 2020 (continued from May 11th - TO BE EXTENDED TO JUNE 8TH). Revival Application.pdf Revival Floor Seating Plan.pdf Revival Valet Agreement 2019 v2.pdf Revival MINUTES.pdf

7. New Business:

(Any items that have not been previously discussed or acted upon.) 7.a Information gathering regarding proposed MedRecycler-RI project at 1600 Division

Road, West Warwick, RI, including presentation by Nicholas Campanella, President of MedRecycler-RI, followed by public comment.

7.b An ORDINANCE to amend the Code of the Town of East Greenwich, Chapter 15 thereof, entitled "Alcoholic Beverages", amending Section 15-2 "Consumption or possession in public prohibited" and Section 15-8 "Outdoor sidewalk liquor service" and adding Section 15-9 "Temporary expansion of restaurant service area" (FIRST READING - NOTICE OF PUBLIC HEARING). Chapter 15 Alcoholic Beverages Expansion Service Area.docx

7.c An ORDINANCE to amend the Code of the Town of East Greenwich, Chapter 260 thereof, entitled "Zoning", Article VI "Off-street parking regulations", Section 260-19 "Applicability" and Article XI "Historic districts", Section 260-59 "Applicability, certificates required (FIRST READING - NOTICE OF PUBLIC HEARING). Chapter 260 Zoning Off Street Parking Historic Districts.docx

8. Council Announcements and Comments:

(Items may be added to the agenda for informational purposes only and may not be voted on except where necessary to address an unexpected occurrence that requires immediate action to

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protect the public or to refer the matter to an appropriate committee or to another body or official.)

9. Public Comments:

(This is an additional opportunity for members of the audience to provide public comment. Comments shall be limited to five (5) minutes per person with a maximum of thirty (30) minutes for all items. Speakers may not yield their time to others.)

10. Executive Session:

(Limited to matters allowed to be exempted from discussions at open meetings per RIGL 42-46-5.) 10.a Closed pursuant to RIGL 42-46-5 (a) (2) for the approval of Executive Session minutes

from April 27, 2020. 10.b Closed pursuant to RIGL 42-46- 5 (a) (2) pertaining to potential litigation regarding

MedRecycler-RI project at 1600 Division Road, West Warwick, RI.

11. Adjournment Pursuant to RIGL 42-46-6, notice of this meeting was posted on May 21, 2020. Individuals requesting interpreter services for the hearing impaired must notify the Town Clerk's office at (401) 886-8604 via RI Relay #711 (800-745-5555 TTY) or in writing, at least seventy-two (72) hours in advance of the hearing date.

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2020.04.27 Town Council Minutes Draft Page 1

East Greenwich Town Council Regular Meeting Monday, April 27, 2020 at 6:30 PM REMOTE VIRTUAL MEETING VIA ZOOM

Minutes 1. 6:30 pm ~ Call to Order Town Council (5/5): Mark Schwager, President; Michael Donegan, Vice President; Caryn Corenthal, Renu Englehart and Michael Zarrella Town Staff: Leigh Carney, Town Clerk/Executive Assistant to the Town Manager Using the Zoom webinar platform, President Schwager called the meeting to order. 2. Interviews for Boards and Commissions

2.a 6:30 PM ~ Interview with Peter Gorski for Board of Canvassers 2020.04.27 Gorski Peter BOC 2020.pdf

Mr. Gorski was interviewed.

2.b 6:45 PM ~ Interview with Benjamin Lupovitz for re-appointment to the Planning Board 2020.04.27 lupovitz benjamin PB 2016.pdf

Mr. Lupovitz was interviewed. 2. 7:00 PM ~ Pledge of Allegiance to the American Flag Town Council (5/5): Mark Schwager, President; Michael Donegan, Vice President; Caryn Corenthal, Renu Englehart and Michael Zarrella Town Staff: Andrew Nota, Town Manager; Andrew Teitz, Solicitor; Leigh Carney, Town Clerk/Executive Assistant to the Town Manager; Wendy Schmidle, Director of Information Technology; Patricia Sunderland, Finance Director; Joseph Duarte; Director of Public Works; Catherine Bradley, Director of Community Services and Parks; Bernard Patenaude, Fire Chief; Stephen Brown, Chief of Police; Lisa Bourbonnais, Director of Planning Others: Carole Malaga, Stenographer President Schwager called upon Ms. Carney to recite the Pledge of Allegiance to the American Flag. He noted that all Councilors were present and further acknowledged Town staff who participated in the webinar. 4. Public Comments:

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(This is an opportunity for members of the audience to bring to the Council's attention any item not listed on the agenda. Comments shall be limited to three (3) minutes per person with a maximum of fifteen (15) minutes for all items. Speakers may not yield their time to others.)

There were no public comments. 5. Consent Calendar and Communications:

(Any agenda item of a routine nature or items provided for informational purposes only; considered under a single action. Any Councilor may have an item removed and considered separately on request.) 5.a Minutes from April 13th (Virtual Regular Meeting - Open Session)

2020.04.13 Town Council Minutes DRAFT.pdf 5.b Commendation for Robert Brooks for serving nine years on the Personnel Board

2020.04.27 Brooks Personnel Board.pdf 5.c Commendation for Katie Keeffe for serving over two years on the Planning Board

2020.04.27 Keefe Planning Board.pdf 5.d Acceptance of Public Improvements and Approval of Bond Release for the

Southridge Phase IV Subdivision. Southridge Phase IV - bond release.docx

5.e Recommendation from the Tax Assessor for an abatement to the 2019 real estate tax roll in the amount of $1,819.66, an abatement to the 2018 real estate tax roll in the amount of $747.00, an abatement to the 2013 motor vehicle tax roll in the amount of $183.52 and an abatement to the 2012 motor vehicle tax roll in the amount of $450.16. abatements 4-27-2020.pdf

President Schwager pulled items 5.b and 5.c for separate discussion. Motion to approve the Consent Calendar except items 5.b and 5.c moved by Caryn Corenthal, seconded by Renu Englehart ROLL CALL VOTE AYES: Corenthal, Donegan, Englehart, Schwager, Zarrella Motion carried 5 – 0 President Schwager acknowledged both Mr. Brooks and Ms. Keeffe for serving on their respective boards. Motion to approve the commendation for Robert Brooks for serving nine years on the Personnel Board moved by Renu Englehart, seconded by Caryn Corenthal ROLL CALL VOTE AYES: Corenthal, Donegan, Englehart, Schwager, Zarrella Motion carried 5 – 0

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Motion to approve the commendation for Katie Keeffe for serving over two years on the Planning Board moved by Caryn Corenthal, seconded by Renu Englehart VP Donegan commented that he appreciated Ms. Keeffe’s service on the Planning Board. ROLL CALL VOTE AYES: Corenthal, Donegan, Englehart, Schwager, Zarrella Motion carried 5 – 0 6. Reports and Presentations:

(Any agenda items requested by the Town Manager, Town Council or Town Solicitor, or any item requiring a formal presentation by boards and commissions, or other agencies.) 6.a Report from Town Manager on COVID-19 Response Update and FY 2021

Budget Update 2020.04.27 Town Manager's report.pdf

Mr. Nota addressed several COVID-19 related issues such as its track within the State and statistics, which seem to be plateauing. Town staff is beginning to discuss making transitional improvements to welcome the public back to their offices. He provided details on the Governor’s phased in plan to re-open the economy consisting of three separate phases. Discussions have begun with local restauranteurs on how to comply with the imposed restrictions by managing spacing rather than capacity as they slowly begin to re-open. Assistant Solicitor Skwirz reiterated that under the Town’s emergency resolution, the Town Manager is empowered to vary local regulations as needed to address concerns raised by the Emergency Declaration that affect the business community. Mr. Nota noted that it will require creative options to meet regulations and simultaneously benefit all restaurants equally. Enforcement remains a local responsibility. Mr. Nota addressed President Schwager’s question about federal and state relief coming to the Town in light of a reduction in revenue and the loss of municipal/education aid. He explained that he recently spoke with Senator Reed and other municipal leaders to discuss the impact of the Federal stimulus packages. The first $1.25 billion was mainly driven towards health care services and state operations of which the Governor can redirect but not likely at local level. The second stimulus package was focused on health care and businesses. He further explained that East Greenwich faces many challenges in preparing the FY21 budget such as: the proposed budget submitted by School Committee, adjustments of capital reserve funds for both Town and School, contractual adjustments, loss in aid/revenue and tax collection. Since the Department Heads submitted their budgets, he has been working on identifying other significant cost reduction measures, reducing capital, not filling vacant positions and has reached out to all collective bargaining units. He will continue to work on a plan to present his proposed budget by May 15th.

6.b Report from Town Solicitor regarding zoning of waste to energy facility proposed for 1600 Division Road, West Warwick. Discussion only. 2020.04.27 UTR memo waste to energy facility WW.docx

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President Schwager introduced the item and explained that it relates to a company called Med Recyclers RI which is a medical waste energy facility which would abut East Greenwich, near New England Institute of Technology. Due to its location and the nature of the business, the Council wanted to review the approval process of the application in the Town of West Warwick and discuss a plan to address any concerns going forward. Assistant Solicitor Skwirz explained that the zoning designation does not quite fit with West Warwick’s zoning code. He added that the Town’s Planning Director, Lisa Bourbonnais, confirmed that the application was presented to the West Warwick Planning Board as a renewable energy system during the master plan review. Assistant Solicitor Skwirz disputed that reference and felt the use falls more closely under miscellaneous manufacturing or waste storage, the latter being prohibited. The application has been through the master plan process. The next step is to go before DEM for State approvals before returning to the West Warwick Planning Board for preliminary plan review, whereas the Town would be put on notice. A lengthy discussion followed regarding the permitting process at the local level as well as the State level with both the RI Department of Health (DOH) and the RI Department of Environmental Management (DEM). Councilor Englehart voiced her concerns with regard to definitions and the application made to DEM. She was opposed to the project. VP Donegan acknowledged the permitting process and voiced his concerns with regard to the Town’s best interest. He offered to get more involved and/or recommended hiring a consultant to assist with gathering information to allow for a comprehensive understanding of the project. Councilor Englehart voiced her concerns about a gasification study before the General Assembly which seeks to lift some emission standards. VP Donegan offered to reach out to New England Institute of Technology, review with State departments and assist with preparing a bid for a consultant. He would recuse himself from voting on any award of bid to a consultant. Councilor Corenthal inquired about a cost benefit analysis and wondered why West Warwick would entertain such a project. VP Donegan offered to work with the Solicitor and Town Manager on a plan for outreach and the collection of data. Ms. Bourbonnais added that she attended the master plan hearing in West Warwick and confirmed the applicant is in the midst of obtaining DEM approvals. No public hearings have been scheduled yet but when they are, the Town will be put on notice. The project will have an impact in East Greenwich and residents from Warwick have also come forward with concerns about with prevailing winds and air quality. Councilor Englehart questioned involving the RI Department of Transportation (DOT) and offered to share the legislation that has been introduced to the General Assembly. The applicant shall be invited to a future meeting. Mr. Duarte expressed his concerns with storm water run-off. Mr. Nota will work with the Solicitor’s office and VP Donegan to put together a packet for Council and facilitate the next steps. 7. Public Hearing:

(This is an opportunity for members of the audience to provide testimony/comments on the specific issue being considered.) 7.a Application for RENEWAL Class BV Alcoholic Beverage License with Victualing

and Entertainment for MMCM, Inc. d/b/a Nautika at 28 Water Street effective April 27th through November 30, 2020 (continued from March 9th). Nautika Application.pdf Nautika Floor Seating Plan.pdf Nautika Greenwich Mills Lease 2020.pdf

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Nautika Greenwich Mills Parking Lot.pdf Nautika Parking Lot.pdf Nautika Valet Agreement 2020.pdf Nautika MINUTES.pdf

Mario Micheletti was sworn in by the stenographer. Assistant Solicitor Skwirz commented that the application was complete from a zoning perspective. Ms. Carney added the application was in order with seating plans for a maximum capacity of 225 based on 149 parking spaces. There were no questions from Council. There were no public comments. Motion to approve the application for RENEWAL Class BV Alcoholic Beverage License with Victualing and Entertainment for MMCM, Inc. d/b/a Nautika at 28 Water Street effective April 27th through November 30, 2020 with a maximum capacity of 225 based on 149 parking spaces moved by Michael Zarrella, seconded by Renu Englehart ROLL CALL VOTE AYES: Corenthal, Donegan, Englehart, Schwager, Zarrella

Motion carried 5 – 0

7.b Application for RENEWAL of Amplified Sound Permit (Out of Doors) for MMCM, Inc. d/b/a Nautika located at 28 Water Street. 2020.04.27 Nautika Amp Sound.pdf Legal Ad - Pendulum - 04-23-2020 Nautika Amplified Sound.pdf

Ms. Carney confirmed the application was complete. There were no questions from Council. There were no public comments. Motion to approve the application for RENEWAL of Amplified Sound Permit (Out of Doors) for MMCM, Inc. d/b/a Nautika located at 28 Water Street moved by Michael Zarrella, seconded by Caryn Corenthal ROLL CALL VOTE AYES: Corenthal, Donegan, Englehart, Schwager, Zarrella

Motion carried 5 – 0

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7.c Application for RENEWAL Class BV Alcoholic Beverage License with Victualing, Entertainment and Outdoor Sidewalk Alcohol Service for Renegade Restaurant Partners, LLC d/b/a Revival Craft Kitchen and Bar at 219 Main Street effective April 27, 2020 through November 30, 2020 (continued from March 9th). Revival Application.pdf Revival Floor Seating Plan.pdf Revival Valet Agreement 2019 v2.pdf Revival MINUTES.pdf

Peter Lowre was sworn in by the stenographer. Ms. Carney explained the applicant has requested an extension to allow more time to solidify a lease agreement with St. Luke’s Church for valet parking spaces. Motion to extend the license to May 11 moved by Michael Zarrella Mr. Lowre stated that date was acceptable and committed to providing additional details. There were no Council comments. There were no public comments. Michael Donegan seconded the motion moved by Michael Zarrella ROLL CALL VOTE AYES: Corenthal, Donegan, Englehart, Schwager, Zarrella

Motion carried 5 – 0 Assistant Solicitor Skwirz signed off and Solicitor Teitz signed on.

7.d Application for RENEWAL Class BV Alcoholic Beverage License with Victualing and Entertainment for BLT, LLC d/b/a Blu on the Water at 20 Water Street effective May 11, 2020 through November 30, 2020 (continued from April 13). Blu Application.pdf Blu EGYC Parking Lease 2020 v2.pdf Blu EGYC Parking Lot 2020 Exhibit A.pdf Blu Exchange Street Associates Parking Lease 2020 v2.pdf Blu Exchange Street Associates Parking Lot (85).pdf Blu Fire Marshal Capacity 2019.pdf Blu Greenwich Mills Parking Lease 2020 v2.pdf Blu Greenwich Mills Parking Lot A (53).pdf Blu Greenwich Mills Parking Lot B Ladd (39).pdf Blu Parking Lot 2019 Exhibit 2.pdf Blu Seating Plan Daytime.pdf Blu Seating Plan Evening.pdf

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Blu Valet Parking Services Agreement 2020 v2.pdf Blu MINUTES.pdf Blu step up parking calcs d2.pdf

Attorney Jeffrey Gladstone was acknowledged as being present on behalf of the applicant. Solicitor Teitz explained that the proposed parking plan changes depending on the time of the year. He referred to supporting documents that show the step up/down plans. Councilor Corenthal was concerned with enforcement. Attorney Gladstone was concerned with the level of scrutiny given to the application and although there was a discrepancy with the Ladd Street lot, he confirmed the validity of all the information presented. VP Donegan questioned to exclusivity of some lots. Attorney Gladstone addressed those concerns and reiterated that all obligations have been met. Solicitor Teitz provided details on multiple lease agreements and resulting parking spaces. Parking for the marina was also taken into consideration. He explained that their capacity should be based on a 1 to 3 ratio as legal non-conforming or “grandfathered” with a maximum capacity of 696 as presented. He recommended granting the license and if additional parking issues are resolved (Exchange Street and Ladd Street), those shall be considered at a future date. The seating capacity allowances were read aloud by the Solicitor. Attorney Gladstone concurred except for the marina which only has 23 slips, not 30. Ms. Bourbonnais noted that based on several CRMC assents filed over the years, the slips range from 11 to 30. Attorney Gladstone consented to the plan subject to resolving the issues with Exchange Street and Ladd Street lots which may be added upon future verification. Discussion ensued. Zack Chelo was sworn in by the stenographer. He explained that the valets park in the yacht club lot and disperse to other lots on foot or by shuttle. A colored ticket system is used to manage the process. Attorney Gladstone expected the exclusivity clause on the Exchange Street lease to provide for parking 7 days a week after 6pm. Discussion followed on the seating plans provided with the original application, Fire Marshal capacity and resolving the two outstanding issues with Exchange Street and Ladd Street. Motion to approve the application for RENEWAL Class BV Alcoholic Beverage License with Victualing and Entertainment for BLT, LLC d/b/a Blu on the Water at 20 Water Street effective May 11, 2020 through November 30, 2020 based on the capacity numbers on the table entitled East Greenwich Licensing Blu Step Up Parking Calculations as amended to change to reflect 23 slips (less 16 parking spaces) with an absolute maximum seating capacity of 646 per the Fire Marshal moved by Caryn Corenthal, seconded by Michael Donegan There were no public comments. ROLL CALL VOTE AYES: Corenthal, Donegan, Englehart, Schwager, Zarrella

Motion carried 5 – 0

7.e Application for RENEWAL of Second Hand Dealer Licenses for 2020-2021:

Paul Bailey's East Greenwich Ford, Inc. d/b/a Flood Ford of East Greenwich, 2545 South County Trail

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French Bulldog II, LLC d/b/a The French Bulldog, 142 Duke Street Properly Worn, LLC d/b/a Properly Worn, 581 Main Street The Flaming Cauldron, Inc. d/b/a The Troll Shop, 88 Main Street The Velvet Beret, LLC d/b/a Velvet Beret, 589 Main Street 2020.04.27 Second Hand Complete.pdf Legal Ad - Pendulum - 04-16-2020 Second Hand Dealer Renewals.pdf

Ms. Carney noted that all applications are complete except The French Bulldog is past due on some local taxes. Motion to approve subject to meeting all legal requirements moved by Michael Zarrella, seconded by Renu Englehart There were no public comments. ROLL CALL VOTE AYES: Corenthal, Donegan, Englehart, Schwager, Zarrella

Motion carried 5 – 0 8. New Business:

(Any items that have not been previously discussed or acted upon.) 8.a Vote to ratify the Town Manager's termination of James Cullen as the Town's

Harbormaster (Mr. Cullen has exercised his right to have this matter discussed and voted in open session.) 2020.04.27 Cullen memo.pdf

Solicitor Teitz explained that Mr. Cullen exercised his right to have this item heard publicly. A letter was sent to the Town Council this morning via email by Mr. Cullen stating that although he disagreed with the conclusions, he was choosing to not return to duties and offered his official resignation. The vote to ratify the termination of his employment is now moot. Motion to accept the resignation of James Cullen moved by Michael Donegan, seconded by Michael Zarrella James Cullen reiterated that the Town should do the right thing and reimburse him for his losses. Solicitor Teitz recommended that Mr. Cullen should have his attorney reach out to him. ROLL CALL VOTE AYES: Corenthal, Donegan, Englehart, Schwager, Zarrella

Motion carried 5 – 0 9. Council Announcements and Comments:

(Items may be added to the agenda for informational purposes only and may not be voted on except where necessary to address an unexpected occurrence that requires immediate action

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to protect the public or to refer the matter to an appropriate committee or to another body or official.)

Councilor Corenthal commented on the unfortunate challenges facing the Town during this economic crisis. She called upon our local legislators to advocate on behalf of the Town for investments from both State and Federal officials. Councilor Zarrella offered congratulations to the East Greenwich High School Class of 2020 and encouraged the School Committee to support an event over the summer for the students. VP Donegan acknowledged Mr. Nota for his participation with the State to ensure the Town is able to receive reimbursement for COVID related expenses from Federal stimulus packages. 10. Public Comments:

(This is an additional opportunity for members of the audience to provide public comment. Comments shall be limited to five (5) minutes per person with a maximum of thirty (30) minutes for all items. Speakers may not yield their time to others.)

Bill Higgins, Greenwich Boulevard, questioned the Town’s position on the 75 day rule for hiring back retirees and acknowledged the amount of work that is required to manage FEMA reimbursements. Mr. Nota explained that the cost tracking is being handled internal by the DPW/EMA team. Motion to convene into Executive Session per RIGL 42-46-5 (a) (2) pertaining to litigation regarding Town of East Greenwich et. al. v. State Housing Appeals Board and Phillip Ryan Homes (a/k/a Coggeshall Preserve) et. al. KC-2019-1349 moved by Michael Zarrella, seconded by Michael Donegan

ROLL CALL VOTE AYES: Corenthal, Donegan, Englehart, Schwager, Zarrella Motion carried 5 – 0

11. Executive Session:

(Limited to matters allowed to be exempted from discussions at open meetings per RIGL 42-46-5.) 11.a Closed pursuant to RIGL 42-46-5 (a) (2) pertaining to litigation regarding Town of East

Greenwich et. al. v. State Housing Appeals Board and Phillip Ryan Homes (a/k/a Coggeshall Preserve) et. al. KC-2019-1349.

Following the Executive Session, Council reconvened into Open Session. Solicitor Teitz reported that action was taken on item 11.a but not being disclosed at this time. Motion to seal the Executive Session minutes moved by Michael Donegan, seconded by Caryn Corenthal

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ROLL CALL VOTE AYES: Corenthal, Donegan, Englehart, Schwager Motion carried 4 – 0 Councilor Zarrella returned.

12. Adjournment Motion to adjourn moved by Michael Zarrella, seconded by Michael Donegan ROLL CALL VOTE AYES: Corenthal, Donegan, Englehart, Schwager, Zarrella Motion carried 5 – 0 Respectfully submitted,

Leigh A. Carney, CMC Town Clerk/Executive Assistant to the Town Manager APPROVED: (PENDING)

AUDIO/VIDEO FILE AVAILABLE ON TOWN WEBSITE:

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2019. 11. 19 Red Stripe.pdf

Paul Forti and Mike Merluzzo were present. Ms. Carney noted the application was complete. Ms.Bourbonnais stated the site has three commercial businesses, one being this restaurant with 14on- site parking spaces. No zoning file exists which makes the space grandfathered as legal non-conforming as is. Seating should be set as presented to have a baseline. Mr. Forti confirmed thelandlord also used the term grandfathered. In 1992, the use changed from retail to restaurant. 181seats were counted seats which agree with the application. Solicitor Teitz suggested approving atotal capacity of 181 with 165 inside and 16 outside. Mr. Forti confirmed he is allowed to shareall 14 spaces with the other two tenants and have signage posted. He was encouraged to speak tothe building' s owner about zoning as it relates to restaurant use.

Motion to approve the application for RENEWAL Class BV Alcoholic Beverage License with

Victualing, Entertainment, Outdoor Sidewalk Alcohol Service and Extended Hours on NewYear' s Eve for Red Stripe EG, LLC d/ b/ a Red Stripe at 455 Main Street effective December 1,

2019 through November 30, 2020 with total capacity of 165 indoors and 16 outdoors and 14non-exclusive parking spaces moved by Renu Englehart, seconded by Caryn Corenthal

AYES: ALL

Motion carried 5 — 0

3. m Application for RENEWAL Class BV Alcoholic Beverage License with

Victualing, Entertainment and Outdoor Sidewalk Alcohol Service forRenegade Restaurant Partners, LLC d/ b/ a Revival Craft Kitchen at 219 Main

Street effective December 1, 2019 through November 30, 2020.

Cover Page

2019. 11. 19 Revival.pdf

Stephanie Ruggiero was present. Ms. Carney noted clearance by the Division of Taxation, aproperly executed valet agreement, TIPS certification and revised seating plan showing alcoholstorage/service areas and entertainment plan are required. Ms. Bourbonnais added that in 2016,relief was granted for 34 spaces leaving only 2 on-site spaces. Capacity of 73 was alreadyapproved which coincides with the application. Zoning approval was conditioned upon securingexclusive valet parking for 30 vehicles. There were concerns about potential conflicts with theagreements presented for spaces at Twigs and in the Episcopal Church lots. Newly executedlease agreements are required. Ms. Ruggiero stated they contract with Perfection Valet and willprovide TIPS certification if not already on file. The only she was aware of was near the churchon Peirce Street but was unaware of the number of spaces. Ms. Bourbonnais added that the lot

has 40 spaces of which more than 20 are being included in an application currently before theZoning Board. Additionally, the other spaces they refer to near Twigs are being used by LaMasseria. The applicant was encouraged to contact the valet company to rectify the conflict.Solicitor Teitz suggested granting the license through the spring to allow time for moreinformation to be vetted. Ms. Ruggiero agreed to show where the 39 cars in each location will be

parked and revise the lease terms to match the licensing period.

20191119 Town Council Minutes Page 11 42

There were no public comments.

Motion to approve the application for RENEWAL Class BV Alcoholic Beverage License with

Victualing, Entertainment and Outdoor Sidewalk Alcohol Service for Renegade RestaurantPartners, LLC d/ b/ a Revival Craft Kitchen at 219 Main Street effective December 1, 2019

through March 9, 2020 subject to compliance with all local regulations and state laws includingClearance by the Division of Taxation and based on a total capacity of 73 seats with 65 indoorsand 8 outdoors with 2 on- site parking spaces behind the building, pending proof of parking for30 parking spaces on leased private lots and a revised seating plan for entertainment moved byMichael Donegan, seconded by Caryn Corenthal

AYES: ALL

Motion carried 5— 0

3. n Application for RENEWAL Class BV Alcoholic Beverage License with

Victualing and Entertainment for Steve Filippou's Twisted Pizza, LLC d/ b/aSteve Filippou' s Twisted Pizza at 450 Main Street effective December 1, 2019

through November 30, 2020.

Cover Page

2019. 11. 19 Steve Filippou's Twisted Pizza.pdf

Steven Filippou was present. Ms. Carney noted that the application was missing parking andseating plans, TIPs certification for all supervisors/ servers and a current menu. 157 seats were

counted over the summer with 65 inside and 92 outside. Ms. Bourbonnais referred to a 2009

ZBR decision which allowed for the removal of a few on- site parking spaces in front of thebuilding and granted 24 outdoor seats with no on- site parking. In 1992, 24 indoor seats wereapproved when it was changing over from a bakery. The proposed seating on the applicationreflected 125.

Mr. Filippou stated that historical paperwork was lost in a flood. He confirmed all servers areTIPs certified and provided a menu. He addressed the inherited seating when he purchased thebakery and proposed the outdoor seating years ago following a motor vehicle accident in front ofthe business. Paperwork was not available to support the approvals received for the outdoor

expansion in 2006/ 7. He counted 54 seats inside and roughly 73 outside with some bench seatingtotaling 127 total seats. Solicitor Teitz suggested an extension to allow for the ZBR reviewfollowed by Council review and approval of new seating capacity. TIPs, menu and a seating planare required before November 30. A seating plan presented to the Clerk was returned to theapplicant for additional details on seats and alcohol service/ storage.

There were no public comments.

Motion to approve the application for RENEWAL Class BV Alcoholic Beverage License with

Victualing and Entertainment for Steve Filippou' s Twisted Pizza, LLC d/ b/ a Steve Filippou' s

20191119 Town Council Minutes Page 12 43

Motion toapprove theapplication forRENEWAL ClassBVAlcoholic Beverage License withVictualing andEntertainment forTMG -MainStreet Holdings II, LLCd/b/aKaiBarat232MainStreet effective March 9, 2020through November 30, 2020based on57seats, noparkingorvalet requirements andsubject toreconsideration bytheZBRnot later thanNovember 30, 2020moved byMichael Zarrella, seconded byMichael Donegan

There werenopublic comments.

AYES: ALLMotion carried 5 –0

5.hApplication forRENEWAL ClassBVAlcoholic Beverage License withVictualing andEntertainment forMMCM, Inc. d/b/aNautika at28WaterStreet effective March 9, 2020 through November 30, 2020.

Cover Page

2019.11.25Nautika.pdf

2020.03.09Nautika MINUTES.pdf

Ms. Carney noted thatnewinformation wassubmitted bytheapplicant; however, theyareoutofthstateuntil nextmonth. Anextension toApril 27was recommended.

Motion toapprove anextension toApril 27thwith thecondition theyremain closed moved byMichael Donegan, seconded byMichael Zarrella.

There werenopubliccomments.

AYES: ALLMotion carried 5 –0

Theapplicant hasapplied foranAmplified Sound Permit which willbeconsidered inApril.

5.iApplication forRENEWAL ClassBVAlcoholic Beverage License withVictualing, Entertainment andOutdoor Sidewalk Alcohol ServiceforRenegade Restaurant Partners, LLCd/b/aRevival CraftKitchen andBarat219MainStreet effective March 9, 2020 through November 30, 2020.

Cover Page

2020.03.09Revival.pdf

2020.03.09Revival MINUTES.pdf

PeterLowry waspresent. Ms. Carney explained that in2016, theZBRprovided relief for34parking spaces, leaving 2onsite. Capacity wassetat73seats conditioned upon exclusive valet

2020.03.09Town Council MinutesPage744

parking for30vehicles. Proofofexclusive parking arrangements arestillpending and thevaletagreement onfileexpires April1, 2020. Floor plan istoscalebut lacksdetails onseating anddoesnotshow outdoor seats. Mr. Lowrey stated thatseating wasreduced to68; 60inside and8outside. Herequested anextension toallow more timetofinish negotiating withSt. Luke’sChurch forexclusive parking rights. Hefelt the30space requirement was excessive andonlyallows small groups toprovide entertainmentindoors. Verbal permission wasgivenbySt. Luke’sbutheneeded more timetosecure thelease. Solicitor Teitz suggested continuing toApril

th27.

thMotion toextend thelicense toApril 27moved byMichael Zarrella, seconded byMichaelDonegan

There werenopublic comments.

AYES:ALLMotion carried 5 –0

thMotion tocontinue thePublic Hearing toApril 27moved byMichael Zarrella, seconded byCaryn Corenthal

There werenopubliccomments.

Solicitor Teitz explained that theapplicant canapply totheZBRformore parking relief.

AYES: ALLMotion carried 5 –0

5.jApplication forRENEWAL ClassBVAlcoholic Beverage License withVictualing andEntertainment forSteve Filippou'sTwisted Pizza, LLCd/b/aSteve Filippou'sTwisted Pizzaat450MainStreet effective March 9, 2020through November 30, 2020.

Cover Page2020.03.09Steve Filippou'sTwisted Pizza.pdf2020.03.09Steve Filippou'sTwisted Pizza MINUTES.pdf2020.03.09EMZBRresult Filippous.pdf

Steve Filippou waspresent. Ms. Carney explained thatpriorZBR decisions provided for48seats24inside/24outside) withnoparking requirements. OnFebruary 25, 2020, theapplicant

appeared before theZBR andwasapproved foradditional parking relief tomaintain thecapacityof130seats (60inside/70outside). Theseating planonfilereflects 146seats andwould requireareduction of16seats. Nooutdoor amplified sound permit hasbeensubmitted. Mr. Filippoupresented aseating plan (Exhibit 1) which wasusedattheZBRhearing supporting 130seats. Ms. Carney explained thattheEntertainment License previous approved doesnotprovide foramplified sound outdoors. Reference wasmade torecent actions takenbytheZBRwhich

2020.03.09Town Council MinutesPage845

ORDINANCE NO. (assigned by Town Clerk) ADOPTED:

Page 1 of 3

AN ORDINANCE TO AMEND THE CODE OF THE TOWN OF EAST GREENWICH, CHAPTER 15 THEREOF, ENTITLED “ALCOHOLIC BEVERAGES”, AMENDING SECTION 15-2 “CONSUMPTION OR POSSESSION IN PUBLIC PROHIBITED” AND SECTION 15-8 “OUTDOOR SIDEWALK LIQUOR SERVICE” AND ADDING SECTION 15-9 “TEMPORARY EXPANSION OF RESTAURANT SERVICE AREA”.

The Town Council of the Town of East Greenwich hereby ordains:

Section 1. Chapter 15 of the Code of the Town of East Greenwich, titled “Alcoholic Beverages” is hereby amended to read as follows:

Sec. 15-2. Consumption or possession in public prohibited.

A. It shall be unlawful for any person to have in his possession any open bottle, open can, drinking glass or drinking cup containing an alcoholic beverage of any kind while on any public street, public highway, public sidewalk or on any public lands in the Town, including but not limited to recreational areas and public places of assembly.

B. It shall be unlawful for any person to consume alcoholic beverages of any kind in the Town while on any public street, public highway or on any public lands in the Town, including but not limited to recreational areas and public places of assembly.

C. It shall be unlawful for any person to have in his possession any alcoholic beverages while on any lands or in any buildings owned by the Town and used for recreational or educational purposes.

D. Notwithstanding any other provisions of Chapter 15, the Town Council may at any time grant permission for the consumption and/or possession of alcoholic beverages on any land, including sidewalks, or in any building owned by the Town and used for recreational or educational purposes, under the terms and conditions as specified by the Town Council.

E. Notwithstanding any other provisions of Chapter 15, the Town Manager and Building Official may permit the expansion of a restaurant service area into sidewalks and other public areas, as set forth in Sec. 15-9.

Sec. 15-8. Outdoor Sidewalk Liquor Service.

Upon approval by the Town Council of an application for outdoor sidewalk liquor service, the holder of a valid BV liquor license may serve liquor at an outside table only in conjunction with the service of a full meal. The liquor must be served by a server employed by the license holder and may only be served with a meal. This service may not be provided to patrons waiting to be seated, but only for those patrons actually seated who have or will be ordering a meal. The

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ORDINANCE NO. (assigned by Town Clerk) ADOPTED:

Page 2 of 3

service of liquor alone without a meal at an outside table is strictly prohibited. This service may be provided seven days a week, from 11:00 a.m. to 11:00 p.m. Applications may be granted annually for the period of December 1 through November 30. An application fee of $150 shall accompany all applications for this service. The tables with outdoor sidewalk liquor service shall be separated from the rest of the sidewalk area by a temporary physical barrier. This service may be revoked at any time without the right to a hearing at the sole discretion of the Town Council.A license shall not be required in connection with a duly-authorized temporary expansion of a restaurant service area as provided for in Sec. 15-9.

Sec. 15-9. Temporary Expansion of Restaurant Service Area.

1. Notwithstanding anything to the contrary in the Code, restaurants located in Town are authorized to temporarily expand their service areas into sidewalks and/or adjacent public or private areas, subject to the following conditions:

a. Expansion must be pursuant to and in accordance with any executive orders issued by Governor Gina Raimondo, directives of the Rhode Island Dept. of Health, Dept. of Business Regulation, or any other state agency, including without limitation all of the rules set forth in the documents entitled ‘Phase I Guidelines for Restaurants’ and ‘Phase I Non-Critical Retail Guidelines,’ available at www.reopeningri.com.

b. Expansion shall be strictly temporary and shall be permitted only so long as any executive orders, directives, and/or guidelines related to COVID-19 and social distancing are in effect. The Town reserves the right to take enforcement action with respect to licensing and/or zoning against any establishment that fails to restore the conditions of the premises to what was permitted before social distancing measures were required.

c. Expansion must be administratively approved by the Town Manager and Building Official following submittal of the Town’s “Outdoor Restaurant Temporary Seating Request” form and all required supporting documents OR the Town’s “Temporary Outdoor Retail Expansion Request” form and all required supporting documents as applicable.

d. Where expansion into an adjacent area not owned by the Town is proposed, the applicant shall provide written authorization from the landowner.

e. Before temporary expansion into a public area is authorized, the applicant shall provide proof of liability insurance from a company licensed to do business in the state and in a form satisfactory to the town solicitor, of no less than $1,000,000.00 protecting the townfor all claims and causes of action for personal injury or property damage resulting from use of this license.

f. All applicable life safety codes must be satisfied. g. Expansion shall not result in an increase in capacity beyond what is currently permitted.h. Hours of operation will be limited to 11:00 AM to 11:00 PM, provided that the Town

Manager may require an earlier closing time when restaurants are in close proximity to residential zoning districts.

i. The applicant shall agree in writing that temporary authorization to expand shall not confer any vested rights to continue such expanded use after social distancing measures 47

ORDINANCE NO. (assigned by Town Clerk) ADOPTED:

Page 3 of 3

are no longer in effect.j. Appeals of approved or denied temporary expansion permits may be submitted to the

East Greenwich Town Council.

Section 2. This ordinance shall become effective upon adoption and shall expire on November 30, 2020, unless renewed by the Town Council in the same manner as the enactment of a new ordinance.

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ORDINANCE NO. (assigned by Town Clerk) ADOPTED:

Page 1 of 2

AN ORDINANCE TO AMEND THE CODE OF THE TOWN OF EAST GREENWICH, CHAPTER 260 THEREOF, ENTITLED “ZONING”, ARTICLE VI “OFF-STREET PARKING REGULATIONS”, SECTION 260-19 “APPLICABILITY” AND ARTICLE XI “HISTORIC DISTRICTS”, SECTION 260-59 “APPLICABILITY, CERTIFICATES REQUIRED”.

The Town Council of the Town of East Greenwich hereby ordains:

Section 1. Chapter 260 of the Code of Ordinances of the Town of East Greenwich, titled “Zoning” is hereby amended to read as follows:

Article VI – Off-Street Parking Regulations

Sec. 160-19. Applicability.

A. Existing structures and uses. Off-street parking spaces associated with any existing building or use shall be maintained so long as the existing building or use remains.

B. Alterations, additions, changes of use. All new vehicular use areas, those altered or improved subsequent to the adoption of these regulations, and structures that are enlarged or whose use is changed such that an increase in required off-street parking results (per § 260-20, Table of Required Off-Street Parking Spaces) shall be subject to the provisions of this article and shall be required to submit a parking plan as described under § 260-21 of this article.

C. Nonconforming parking.

(1) Where parking spaces are provided and maintained in connection with a building or use legally existing at the time this article became effective and are insufficient to meet the requirements for the use as now set forth by this article, such lots will be considered legally nonconforming.

(2) Where extensions, additions or enlargements to the building or use are contemplated, no such extension may be made unless the applicant can demonstrate compliance with the provisions of this article through the submission of a parking plan as detailed under § 260-21 of this article.

D. Exemptions. Any property which provides at least 50% of the required parking for the building or use and is destroyed by fire or natural causes may be restored to its original use, provided that the floor area is not increased without conforming to the parking requirements of this article.

E. Parking requirements may be suspended in whole or in part for restaurants and retailers in connection with a duly-authorized temporary expansion of a restaurant service area as provided for in Section 15-9.

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ORDINANCE NO. (assigned by Town Clerk) ADOPTED:

Page 2 of 2

Article XI – Historic Districts

Sec. 260-59

Applicability; certificates required.

A. This article shall be applicable to any property described in § 260-58, including developed and vacant sites.

B. Structures and accessories. A certificate is necessary for construction, alteration, repair, relocation, removal or demolition of new or proposed structures and accessories for all of the following conditions:

(1) A building permit or demolition permit is required for such work or the work proposed will affect the exterior appearance of the structure or its appurtenances. The Building Official may not issue a permit until the Commission has granted a certificate under the provisions of this article.

(2) The proposed project is for exterior work.

(3) The proposed project is not a replacement-in-kind.

C. Stone walls. A certificate is necessary for the alteration, relocation and/or demolition of any stone wall located within a historic district or on a listed outlying property per § 260-58B above, whether or not a building permit is required for such work. No work on an applicable stone wall may begin until the Commission has issued a certificate in accordance with the provisions of this article.

D. Additional regulations. The regulations pertaining to the various zoning districts which may be included within any historic district or which may apply to the outlying property identified in § 260-58B shall apply, together with the additional requirements as set forth in this section and this article.

E. A certificate of appropriateness need not be obtained in connection with a duly-authorized temporary expansion of a restaurant service area as provided for in Section 15-9, provided that no permanent structure or addition to the structure is erected, and further provided that no removal of existing structural elements or appurtenances shall be allowed.

Section 2. This ordinance shall become effective upon adoption and shall expire on November 30, 2020, unless renewed by the Town Council in the same manner as the enactment of a new ordinance.

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