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.