North Kingstown Planning Commission Meeting – August 16, 2022

The North Kingstown Planning Commission met at 7:00 p.m. on Tuesday, August 16, 2022, in the Municipal Offices Court Room, 100 Fairway Drive. The commission approved a donation shed development plan, received a pre-application presentation for a farm winery at the former Rodman Barn, and continued a comprehensive permit public hearing for a proposed duplex at 289 Essex Road until September 6, 2022.

Development Plan Review: Donation Center Shed

• Staff reviewed the application of Jennifer Chase, on behalf of the VFW, to place a 96 sq ft donation shed at the Carriage Inn property, 1065 Tower Hill Road, known as Assessor's Plat 72, Lot 89, in a General Business zone and Groundwater Recharge Area Overlay District.
• Staff noted the shed would be located in a grassy area between Tower Hill Road and the parking lot; no water, wastewater, wetlands, flood zone, or new lighting were involved. Engineering asked about the base, and the applicant planned to level the ground without a concrete pad, which meets building code.
• Jennifer Chase of St. Polly Textile said her company maintains more than 1,300 donation sheds statewide, with none currently in North Kingstown. Pickups would occur weekly or more often, the VFW and Carriage Inn would have keys, and donations would benefit the VFW's community projects.
• In response to dumping concerns, the applicant and commissioners discussed that a well-maintained, visible shed is less likely to attract illegal dumping than a metal bin, and visibility is preferable to heavy screening.
• The commission voted to approve the development plan review; the motion carried with all members in favor and no opposition voiced.

Minutes

• The commission approved the draft minutes of August 2, 2022, as written. Vice Chairman Roach reserved the right to email grammatical changes.

Pre-Application Discussion: Gooseneck Vineyards Farm Winery

• Torre Collina, LLC, doing business as Gooseneck Vineyards, presented a pre-application for a 5,400 sq ft farm winery at the former Rodman Barn, 1340 and 1376 Tower Hill Road, known as Assessor's Plat 7, Lots 13, 22, and 23, in a Rural Residential zone and Groundwater Recharge Area Zone 2.
• Staff explained that this was a conceptual review with no decision, and that the application was triggered by the groundwater recharge and scenic overlay districts.
• The applicant proposes to reuse the existing barn with no new structures, about 200 sq ft of retail space and about 2,100 sq ft of tasting area, low-lumen lighting, landscaping buffers, no outdoor storage or fencing, and tentative hours of Wednesday through Sunday, 12 p.m. to 8 p.m.
• The applicant said the project would include growing grapes on site, but crushing and initial processing would occur off-site because the existing septic system cannot handle high-strength winery wastewater. Wine and must would be brought back to the barn for fermenting and blending; a new, more robust septic system is planned.
• One commissioner asked whether the proposal met the farm winery ordinance's definition of a winery, since the application stated that no wine making would take place on site. The applicant maintained that fermenting and blending on site meet the intent of the ordinance. A consultant cited DEM guidance recommending that brewery and winery high-strength wastewater be segregated and disposed of in approved holding tanks rather than discharged to septic systems.
• Traffic access was a major concern because the site is at the Route 1/Route 4 interchange area. The applicant said RIDOT requested re-establishment of the entrance apron and signage including a stop sign, stop bar, and no-left-turn signs. The existing driveway would be reused for now; possible future access changes were acknowledged.
• Staff reported a DEM septic suitability for 25 seats and five employees, the need for a future nitrate loading analysis, and ongoing discussions about parking, overflow field stabilization, and buffering. No vote was taken.

Public Informational Hearing: Caldwell Comprehensive Permit Duplex

• The commission continued a master plan comprehensive permit application by David A. Caldwell, Sr., and Virginia Caldwell, also known as North K Properties, LLC, for a low- and moderate-income duplex at 289 Essex Road, Assessor's Plat 158, Lot 21, in a Neighborhood Residential zone. The hearing had been continued from April 5, May 3, and June 21, 2022.
• Staff reported that the applicants submitted a landscaping plan, a sight-distance plan, and revised architectural options in response to prior commission requests, but no separate sight-distance narrative and no new renderings had been submitted in advance.
• Attorney James Cooper presented witnesses: landscape architect Colin T. Hines, engineer Craig Carrigan, and David A. Caldwell Jr. The landscape plan included inkberry, arborvitae, a hibiscus, and a six-foot board fence to screen headlights. The sight-distance analysis used a 4.25-foot eye height and an 18-inch object, showing roughly 150 feet to the west and about 50 feet to the east; the driveway has existed for about 100 years.
• David Caldwell Jr. presented a revised plan with entrances moved to the sides to make the building look more like a single-family home and to support ADA-adaptable layouts with easier ramp access. The commission noted the revised design would need fire marshal review because fire officials often prefer doors facing the road.

Public Comments & Testimony

• Matt Logie raised concerns about new plantings obstructing his driveway view, traffic speed around the corner, his children near a long driveway, and the need for a permanent property-line adjustment. He also worried the front portion of the lot could later be developed as multifamily housing.
• Another speaker objected to the application, saying it had been shut down at zoning, was not fitting for the neighborhood, and should be denied based on case law and precedent in North Kingstown. The chair noted the solicitor had previously explained that applicants may reapply after one year, and this comprehensive permit application was different from the zoning application.
• Bill Flynn, a resident and retired head of the Senior Agenda Coalition, spoke in support of the need for senior housing and said the revised design was an improvement. He also relayed his wife's experience as a physical therapist, raising wheelchair-access concerns with a single-entrance design.

Key Outcomes

• Approved the 96 sq ft donation shed development plan review unanimously.
• Approved the August 2, 2022 meeting minutes.
• Took no action on the Gooseneck Vineyards pre-application; identified issues for the future formal application.
• Continued the Caldwell duplex comprehensive permit public hearing to September 6, 2022, and limited further public comment to the revised architectural drawings and fire marshal review. The board noted an extended deadline of November 30, 2022.