Acrimonious at times, a bit more conciliatory near the end, though still far from sympathetic, the Warren Planning Board approved the redevelopment proposal for the former Highlander/Fatima school property on 360 Market St. at the master plan stage at its meeting Monday evening, Oct. 26.

The board did so after nearly two hours of engaging on the topic and ultimately with a set of some two dozen stipulations it deemed necessary for its backing.

The discussion actually began with members of the body, including chair Blake Costa, expressing their displeasure with what they deemed a late amendment to the plan being put forth by MIOW LLC based in Pawtucket and represented at the forum by Aurora Leigh.

MIOW sought board approval to add four more units upping the overall total to 81. Its submission originally called for the existing 61,743-square foot school building located at 360 Market St., be converted into 32 apartments with 45 new townhouse-style residences.

Throughout the evening, Costa reminded his peers about the legal predicament the board and the town have found themselves previously by denying applications due to objections that don't meet statutory mandates.

Each of the three other members present for the proceedings — E. Jenny K. Flanagan, Terry De La Paz and Tim White — voiced reservations and some displeasure about aspects of the proposal.

White was the most vociferous and agitated by MIOW's plan and changes to state housing laws, which made some of his objections moot. He did relent at the end of the discussion, joining the quartet in unanimously moving the matter forward.

Costa read the lengthy list of conditions attached to the board's approval into the record, which are expected to be met at the next phase of the application, the preliminary plan stage.

1. A total of 21 of the units will be deed-restricted for low-to-moderate income residents and will distributed proportionately through the development. Each will be at least 75% of the size to comparable market rate units, and delivered in proportion to market rate units in each phase.
2. The preliminary plan submission shall include a full traffic impact study covering at minimum, Market Street-Route 136, Birch Swamp Road, Serpentine Road and Schoolhouse Road.
3. Any alterations to the points of ingress and egress must receive the necessary permitting from the Rhode Island Department of Transportation.

4. The same study shall include estimates of approved and pending development in the area such as 317 Market Street, Penny Lane,-581 Child St.
5. At the preliminary plan stage, MIOW, also referred to "applicant," is encouraged to include design, sewer flow, confirmation of connection from town sewer commission, and capacity analysis of the receiving pump stations, and downstream systems and the applicant must commit to fund any required upgrades attributed to the project.
6. Also at the preliminary stage, the applicants shall document the status of NRCS (Natural Resources Conservation Service), wetland reserves, easement, including the discrepancy between recorded and proposed easement errors, and demonstrate no construction within easement areas without NRCS approval. Storm water designed to meet Rhode Island Department of Environmental Management standards and be approved through Coastal Resources Management Council, and address exists in off site, off site drainage, including the pipe under Market Street. Ongoing stormwater maintenance shall be the responsibility of the condominium association, documenting writing in the condominium document. All required, CRMC and RIDOT permit obtained prior to final plan approval.
7. The applicant shall obtain tree warrant approval for landscape and tree plan for Market Street frontage and the property lines, including the southern parking line at 362 Market Street. 
The plan shall maximize screening for abutters, and the Market Street landscaping shall allow for maximum visibility for vehicles, exit and development onto Market Street. Site lighting shall be shielded and downcast. Plans adhere to tree canopy plan adopted by the town in 2025.
8. The applicants shall be responsible for the installation of sidewalks along market tree frontage. The sidewalk design shall be coordinated with the town building official because 317 Market Street has also installed the sidewalk as part of its development. The intent is to insure continuity designed between the two sites in order to maintain design of the Warren Northern Gateway for the town's comprehensive plan.
   The Mason Cemetery, Rhode Island Historical Cemetery Warning, No. 15, shall be protected from construction, drainage, and occupancy impacts. No construction, excavation, or other ground disturbing activity, including graded and storm order facilities, shall occur within 25 feet of the recorded cemetery, unless, A, the cemetery boundaries are adequately documented. There is no reason to believe additional graves exist outside the recorded cemetery. And activity will not damage or destructively alter the cemetery through erosion flooding, fill in, or encroachment. Or, B, the activity has been reviewed and approved by the town under Rhode Island General Laws 23-18.11.1.
9. The preliminary plan shall show, at scale, at least one inch equals 40 feet. The survey boundary of the cemetery, the 25 foot setback area, the existing stonewall markers, and path in all proposed grading. Drainage, storm water, and utility work within 50 feet of the cemetery. If the boundary is unknown or in doubt, the applicant shall, at its own expense, document it through an archaeological investigation by a qualified archaeologist under a permit from the Rhode Island Historical Preservation and Heritage Commission. And shall submit the report to the planning office and building an official.
10. The plans and construction documents shall state that if an unmarked grave or human skeletal materials are found during the ground disturbance activity, work shall stop, and they build an official shall be notified immediately.
11. Work shall now resume until the property has completed, archaeological investigation required by Rhode Island General Laws, 23-18.11.1. 
No alterations or removal of any part of the cemetery, including the stone walls, without a permit from the town council, under Rhode Island General Laws, 23-1811.1.
12. The applicant has agreed on the record, they shall preserve the existing access to the cemetery from the site. The state historical cemetery marker, the stone path, in the open and at the stone wall, and shall grant public access to the cemetery by easement, shown in the preliminary plan and included in the condominium documents.
13. Enclosed wildlife resistant dumpster enclosures. Retention pond design, addressing depth, fencing a mosquito control. Preliminary plan submission to include townhouse elevations and floor plans and construction timetable, and phasing documents.
14. Preliminary plans shall show every unit number and identify the affordable unit, demonstrating that the affordable units are integrated with the market rate units throughout the development. Pursuant to Rhode Island, Planning Board rules and regulations, 2-11-e, and 2-12, and Warren ordinances, 32-159e.
15. The applicant shall be responsible at its own expense for all wastewater and sewer infrastructure improvements required to accommodate this project, including any upgrades to the pump station. The collection system, and the treatment capacity, and any inflows and infiltration offset attribute to the project as determined by the town and the sewer commission. The improvement shall be secured by an improvement guarantee approved at preliminary plan. The capacity analysis under condition three of these evaluations shall account for flows from approved and pending projects served by the same palm station and downstream systems. including Penny Lane and 317 Market Street. 
If applicable consistent with the board, September 29, 2026, follow up memorandum.
16. Pursuant to Rhode Island General Laws, 45-53-4-e6, 45-23-58 and the Warren Planning Board rules and regulations, 11-10, c3, the applicant shall pay the cost of the full scope, technical review of the preliminary plan submission by the town an independent engineering consultant selected and contracted by the town.
    The review shall include, at a minimum, the traffic impact study, storm order management, and drainage design. The water and sewer demand capacity calculation, the cyclone. Before review begins, the applicants shall deposit funds in escrow held by the town, in the amount based on the consultant to proof scope and cost estimate and shall replenish the account as needed. Charges shall not exceed the actual cost of the review or the fees I would be assessed for the major land development of the same scope and type. Any unused balance shall be refunded to the applicant after the final plan decision.
17. The 21 Affordable Units are approved as for sale, owner occupied, home ownership units. Each affordable to the household earning less than 120% of the area media income, with principal interest, taxes and insurance, not exceeding 30% of the gross income. 
No affordable unit shall be offered for rent unless the board first approves of changes as a major change after public hearing.
    Rent shall be rented in accordance with Rhode Island, General Law. And rentals shall remain integrated with the market rate units and built and occupied prior to our simultaneously with the market rate units. The preliminary plan shall designate each affordable unit as for sale or rental in any later change, and that designation shall be a major change.
18. Prior to certification of completeness of the preliminary plan, the applicant can shall submit a revised or conforming letter of eligibility for Rhode Island Housing reflecting the project as approved at master plan. The letter of eligibility date in May 4, 2026, describes 68 unit development of three bedroom condominium units on Plat 23, Lot 60, and 69.
19. The unit mix shall be 32 one-two bedroom units and 45 three-bedroom units in the two buildings. The tenure of affordable units and low income housing levels serve in the maximum affordable sale price of the two bedroom and three bedroom units. Any later change in the tenure of lower, moderate income units shall require amended letter of eligibility approved by the planning board under condition 14.
20.  Natural resources, conservation service, wetland, reserve easement, access easement to the wetlands, preserve easement, must be granted. Any alterations must be brought to the planning board.
21. The applicants shall conduct a capacity analysis of the pump station and sewer plant at their own cost to include Penny Lane and 317 Market Street.
22. The applicants shall conduct a capacity analysis for water as directed by the Bristol County Water Authority at their own cost to include Penny Lane and 317 Market Street in that analysis.
23. The applicants shall provide feasibility analysis of wells for irrigation.
24. Four waivers requested for the major subdivision, major subdivision checklist, shall be addressed the preliminary plan, that includes, B-4 B-10, B-14, and utilities.
25. Community amenities east of the cemetery and west of Market Street shall be adequately screened from the abutter cemetery and properties to create no encroachment activities and shall create no encroachment activities from the project of its entirety.

Following his reading of the conditions, Costa reiterated moving the project at the master plan stage with stipulations was wisest move for the board to take.

"This is the best way to do this, in my opinion," Costa said. "I've read a lot of case law. I'v seen these overturned. We've seen them overturn. We're continuing to see them overturned. My priority as the chair is to make sure to protect the town. The best way we can protect the town is by putting these conditions on.

Referencing the state comprehensive permit statute that has hamstrung previous incarnations of the board, he added,

"This comprehensive permit is not our fight. We're not politicians. We adhere to objective standards, to state law, until our instances. And although I agree that this bypasses our standard, we still have the ability to slap these conditions on them. That's all I gotta say on that."

After the approval vote, Costa directed a comment to White, "The reality of it, I agree with you, Tim. But this is our best way to protect the town is through conditions. Not through trying to push these through with a rubber stamp of no, and letter the courts approve it without condition."

White acknowledged the chair's statement, saying, "No, I understand. It's just the game show nature of it all that I object to."