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Record of Proceedings

Planning Commission Meeting - October 4, 2022: Master Plan Decision & ADU Discussion

Planning CommissionTuesday, October 4, 2022
BodyNorth Kingstown, Rhode Island
SessionPlanning Commission
DateTuesday, October 4, 2022
StatusFILED
Video Record

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Transcript — Verbatim
0:00

Junior Calwell, also known as North Kate Properties LLC for a major land development comprehensive permit for low and moderate income housing for a duplex at 28 uh 289 Essex Road on property located assesses plat 158 lot 21 in a neighborhood residential zone.

0:17

This has been continued from April, May, June, August, and September Planning Commission meetings, and the dates are all listed on the agenda.

0:26

I think everyone's had an opportunity to receive the packet.

0:30

And there was some questions, and I read it through it again today, and I had a just a couple of very minor things.

0:39

I think we need to address.

0:41

But if you want to, uh we could go through this page by page and see if anyone has any comments and so uh I believe the first page is just applicable documents.

0:54

As long as there's no comments on any of those.

0:57

I do have one question about that.

1:00

Some of the documents really don't have any meaning to the actual application.

1:05

Should it so the question is if something is not part of the necessary record, do is it still applicable or or maybe the title should be submitted documents?

1:17

Just we usually that list includes anything you got in your packet.

1:20

I literally just go online and click if we gave it to you as part of the record, so we list it.

1:26

But again, it doesn't, I don't know.

1:27

Whatever it goes to court, I need to give them whatever you got.

1:30

So whatever you guys got is listed here.

1:33

Oh no, I'm I'm not disputing that, but but the word applicable is what kind of throws things off.

1:39

Maybe we should think about that being submitted correctly.

1:42

Yes, submitted might be better.

1:44

Just food for thought.

1:46

Matt thoughts on that, or what we were trying to do.

1:50

Just like here, calling it so instead of applicable documents, calling them submitted.

1:55

Not every if my point is not every document is taken into consideration.

2:01

No, or I shouldn't say it that way.

2:03

Not every document has a necessary meaning to to what we end up doing.

2:11

For instance, yeah, there might be might be host elevations uh that that have nothing to do with the actual application.

2:18

You could consider it even if you don't verbalize it though.

2:21

It's a bibliography rather than kind of a list of references and right.

2:26

I just feel it's a good idea.

2:26

So you don't object to the list, you just object to the name of the word yeah, applicable is means something.

2:34

Well submitted the right word or documents in the file.

2:37

I mean that's oh we don't have to decide.

2:40

I'm just quite I'm just making the question for now.

2:42

Let's call it documents just documents of records, something like that.

2:47

Something like that.

2:48

Jim, there was an edit on that first page too on the third fourth bullet down.

2:53

Yeah, that was the that was the one that submitted in the comments.

2:56

Yeah, everything in the comments is reflected except for the highlighted one.

2:59

Oh, I don't have that up yet first.

3:01

No, that's within what I emailed.

3:03

Yep, yep.

3:04

Oh, you said an updated one?

3:05

No, not since Friday.

3:06

But in it, I gave you the list of any changes everybody made so that you could see.

3:11

And are those changes now in the document everybody?

3:13

Yes, I have one I printed out earlier.

3:15

Okay.

3:16

Okay.

3:17

Uh page two is still the list of documents.

3:22

Not lighting into that one.

3:24

Uh any comments on any of page two.

3:28

Uh page three, which is the continuation of documents addressing the plans and the beginning of background.

3:40

Uh page four.

3:44

Um, I had a couple on this.

3:48

Uh the first one was in number nine, which I didn't catch this until this morning when I read this again.

3:55

Mr.

3:56

David Calwell applicant, and I think it should be David Calwell Jr.

4:00

representative for the applicant.

4:02

Not not Mr.

4:03

Calwell Sr.

4:07

Um.

Discussion Breakdown — Share of Meeting
Zoning Ordinance██████████████████████████████████████████42%
Land Use Planning██████████████████████22%
Procedural███████████████████19%
Affordable Housing███████████11%
Comprehensive Planning█████5%
Groundwater Management1%
Summary of Proceedings

Planning Commission Meeting

October 4, 2022, 7:00 PM

The North Kingstown Planning Commission held a meeting to vote on a master plan decision for a low- and moderate-income housing duplex at 289 Essex Road, and to discuss potential amendments to the zoning ordinance and subdivision regulations, with a focus on the new state Accessory Dwelling Unit (ADU) law. The meeting included minor edits to the draft decision and a lengthy, cautious discussion about the implications of the ADU law.

Decision: Master Plan Application – 289 Essex Road

  • Item 3.a: Decision on a master plan application by David A. Caldwell, Sr. and Virginia Caldwell (North K Properties, LLC) for a major land development comprehensive permit project for low- and moderate-income housing duplex. This item had been continued from multiple previous meetings (April, May, June, August, and September 2022).
  • The Commission reviewed the draft decision page by page, making several corrections:
    • Correcting the applicant's name from "David Calwell" to "David Caldwell Jr." (representative) or "David Sr." as needed.
    • Changing "applicable documents" heading to "submitted documents" or "documents in the file."
    • Relocating discussion of net-zero energy from the environmental section to the consistency with the Comprehensive Plan section.
    • Removing the sentence about merging existing frontage into lot 8; instead specifying that the existing frontage on lot 21 must be merged into lot 8.
    • Correcting a typographical error: changing "Dave and Virginia Coldwell" to "David and Virginia Caldwell."
    • In condition 5, changing the OWTS permit number reference to a general statement: "Any OWTS approved for this lot shall not be shared with or utilized by any other lot."
    • Clarifying condition 2 to require merging the existing frontage into lot 8 to maintain lot frontage.
  • A motion was made to approve the master plan decision as amended, with the understanding that the Vice Chair would sign on behalf of the Chair (who would be out of the country). The motion was seconded and passed unanimously (5-0-1, with Commissioner Meg abstaining as she had not participated in the hearings).

Discussion: Zoning Ordinance and Subdivision Regulation Updates (ADU Law)

  • Item 3.b: The Commission discussed input on potential updates/amendments to the Zoning Ordinance and Subdivision Regulations, focusing on the state's new ADU law (passed in 2022).
  • Staff (Nicole) provided packet materials including the current land use table for accessory dwellings, development standards, and a copy of the new state law.
  • The discussion highlighted numerous concerns about the poorly drafted state law:
    • The law removes the word "family" but still implies the ADU is for family members (disabled, 62+, or other family), creating confusion.
    • It prohibits municipalities from requiring septic system upgrades when bedrooms are added, potentially allowing unlimited bedrooms without infrastructure improvements.
    • It only requires one additional parking spot, even for two or more bedrooms.
    • It voids condominium and HOA documents that prohibit ADUs, raising legal and lending issues.
    • It allows ADUs on lots with pre-existing single-family homes or even duplexes, potentially increasing density without corresponding lot size requirements.
    • It states that a municipality which permits ADUs cannot impose unreasonable dimensional requirements that preclude their development.
    • Permitting process: ADUs not part of a larger development shall only be reviewed administratively or through development plan review, not via special use permit (current NK process).
    • The law creates accounting nightmares for tracking affordability (e.g., half-unit credit for deed-restricted ADUs).
  • Commissioners expressed significant apprehension: some worried about opening the door to problematic applications (e.g., a 40-house subdivision each adding an ADU, effectively doubling density without review). Others felt ADUs are a valuable housing choice but need to be regulated reasonably.
  • There was discussion about whether to press forward with amending NK's ordinance or to wait for legislative clarification in the next session. Staff indicated they receive weekly inquiries and need guidance.
  • The consensus was to continue applying current development standards until legally forced not to, and to compile concerns for state legislators. The Commission did not vote on any ordinance changes; this was a preliminary discussion.
  • The Chair noted that other communities (e.g., Charlestown, Hopkinton) are attempting to ban ADUs, but that may lead to litigation.

Minutes – September 20, 2022

  • Item 4.a: The Commission reviewed the draft minutes from September 20, 2022.
  • A member (Meg) raised two points:
    1. Suggest that handouts distributed at meetings (not just documents in the packet) be included as attachments to the minutes or linked to the town website for public access. This was discussed at length; staff noted that minutes are a summary and that materials can be linked via Granicus. A compromise was reached to add a link to the Planning Commission's main meeting materials page in the minutes template.
    2. Request that a comment she made (recommending that post-road evaluation include historical reflection on past efforts) be reflected in the minutes.
  • A motion to approve the minutes with suggested corrections was made, seconded, and passed unanimously (6-0).

Adjournment

  • The meeting adjourned at approximately 8:00 PM.

Key Outcomes

  • Master Plan Decision Approved: The Commission unanimously approved the master plan decision for 289 Essex Road with minor amendments. The Vice Chair will sign the decision.
  • ADU Discussion Ongoing: No formal action was taken; staff will continue to work on zoning amendments with a committee of commissioners (volunteers assigned to address private roads, ponds, post-road development, performance standards, lighting, and the land use table). The Commission will monitor legal developments and potentially submit concerns to state legislators.
  • Minutes Approved: Minutes from September 20, 2022, were approved with agreed-upon modifications, and a link to meeting materials will be added to future minutes.

Meeting Transcript

Junior Calwell, also known as North Kate Properties LLC for a major land development comprehensive permit for low and moderate income housing for a duplex at 28 uh 289 Essex Road on property located assesses plat 158 lot 21 in a neighborhood residential zone. This has been continued from April, May, June, August, and September Planning Commission meetings, and the dates are all listed on the agenda. I think everyone's had an opportunity to receive the packet. And there was some questions, and I read it through it again today, and I had a just a couple of very minor things. I think we need to address. But if you want to, uh we could go through this page by page and see if anyone has any comments and so uh I believe the first page is just applicable documents. As long as there's no comments on any of those. I do have one question about that. Some of the documents really don't have any meaning to the actual application. Should it so the question is if something is not part of the necessary record, do is it still applicable or or maybe the title should be submitted documents? Just we usually that list includes anything you got in your packet. I literally just go online and click if we gave it to you as part of the record, so we list it. But again, it doesn't, I don't know. Whatever it goes to court, I need to give them whatever you got. So whatever you guys got is listed here. Oh no, I'm I'm not disputing that, but but the word applicable is what kind of throws things off. Maybe we should think about that being submitted correctly. Yes, submitted might be better. Just food for thought. Matt thoughts on that, or what we were trying to do. Just like here, calling it so instead of applicable documents, calling them submitted. Not every if my point is not every document is taken into consideration. No, or I shouldn't say it that way. Not every document has a necessary meaning to to what we end up doing. For instance, yeah, there might be might be host elevations uh that that have nothing to do with the actual application. You could consider it even if you don't verbalize it though. It's a bibliography rather than kind of a list of references and right. I just feel it's a good idea. So you don't object to the list, you just object to the name of the word yeah, applicable is means something. Well submitted the right word or documents in the file. I mean that's oh we don't have to decide. I'm just quite I'm just making the question for now. Let's call it documents just documents of records, something like that. Something like that. Jim, there was an edit on that first page too on the third fourth bullet down. Yeah, that was the that was the one that submitted in the comments. Yeah, everything in the comments is reflected except for the highlighted one. Oh, I don't have that up yet first. No, that's within what I emailed. Yep, yep. Oh, you said an updated one? No, not since Friday. But in it, I gave you the list of any changes everybody made so that you could see. And are those changes now in the document everybody? Yes, I have one I printed out earlier. Okay. Okay. Uh page two is still the list of documents. Not lighting into that one. Uh any comments on any of page two.

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