Planning board OKs 2,442 sq. ft. garage at 985 Aquidneck Ave., grants setback variances and design waivers

The Town of Middletown Planning Board approved a combined preliminary and final plan for a proposed 2,442-square-foot commercial building at 985 Aquidneck Avenue on Feb. 12, granting two setback variances and waivers from commercial landscape-buffer rules after hearing technical testimony and objections from nearby residents.

The plan, filed by C Safe Holdings LLC, proposes a single-story garage/storage building and associated parking, landscaping and stormwater upgrades on a gravel lot currently used for contractor vehicle storage. The board voted to approve the application and attached two conditions from the town technical review: the applicant’s engineer must confirm that the bottom of the proposed closed sand filter will not intercept the groundwater table, and the sanitary sewer stub for the existing building that is to be abandoned must be capped and inspected per the Department of Public Works.

The approval followed a multi-hour public hearing that included sworn testimony from the applicant, technical witnesses and neighbors. The applicant’s representative, attorney Josh Parks, introduced the project and witnesses; property owner and applicant witness “Mr. Coe” described the building as intended to “put it all inside and clean the site up and organize it.” He said the new building would not change the business’s use: “No, not at all,” and added the building would not drive more customers to the site or increase traffic.

Engineer Lynn Small, who prepared the civil plans, told the board the design reduces impervious area in several places, includes a sand filter for water-quality treatment and that the Department of Transportation had reviewed the drainage work. Traffic consultant Emily Buck said Trimble Road is a very low-volume street, testifying that “Trimble Road has an average daily traffic of a 22 vehicles a day,” and that crash history near the Trimble/Aquidneck intersection showed no reported crashes over a five-year review period.

Opposing neighbors focused on safety and what they described as an intensification of commercial activity on a street that also serves residences. Nearby homeowner Michael W. Miller testified he has lived on Trimble Road for decades and said the arrangement of parking at the corner of Trimble and Aquidneck creates safety concerns. “I consider it to be a dangerous situation,” Miller said, describing instances when he said he had to take evasive action.

Town planning consultant Doug McLean reviewed the application for the objectors and concluded the proposal did not meet Middletown’s variance standards or the town’s comprehensive plan goals. “My finding does not meet that,” McLean told the board when asked whether the relief sought was minimal to a reasonable enjoyment of the permitted use; he said the proposal represented an over‑intensification for the limited-business/traffic‑sensitive overlay and described the parking plan as “poor site planning.”

Board members weighed the testimony from technical experts, the applicant and neighbors during deliberations. Planning staff had recommended approval subject to the two technical conditions. After discussion the board approved the variances and the request for commercial‑design waivers (relief from a full 10-foot perimeter landscape buffer along part of the easterly property line and from the five‑foot landscape buffer between the building and parking in one location) and approved the combined preliminary/final plan with the TRC conditions.

The approval requires the applicant to complete the stormwater and sewer items identified by the town technical review committee prior to final sign-off. The board’s action does not itself change zoning of the parcel; it approves the site plan and the specific dimensional relief and waivers recorded in the planning-board decision.

The approved plan calls for removing site connex containers, paving and striping the proposed parking, adding three required parking-lot trees and expanding vegetated lawn area north of the building. The applicant’s engineer testified the project will result in a reduction in peak runoff compared with existing conditions and that the sand filter and other measures will provide water-quality treatment for the redeveloped area.

The board’s vote followed motions to grant the two dimensional variances from the side and rear setback requirements and a subsequent motion to approve the combined plan and the waivers with the TRC conditions. The transcript does not record a roll-call tally by name; the board announced the motion carried.

Planning staff and the board noted a number of outstanding record items the applicant must complete with public-works staff before a final, signed plan or building permit is issued. Those outstanding items are limited to the technical confirmations specified in the conditions and the usual construction‑permit steps.

The applicant and opponents said they may pursue additional administrative remedies available under local rules if either side is dissatisfied with the decision.