North Kingstown Planning Commission Meeting – September 19, 2023

The North Kingstown Planning Commission met on Tuesday, September 19, 2023 (2023-09-19) at Town Hall, 80 Boston Neck Road. Members honored the late Town Solicitor Matt Callahan, accepted the resignation of Commissioner Eric Wishart, deferred a mis-posted subdivision extension request, approved a conditional set of waivers for Verizon Wireless, discussed zoning changes required by new state laws, and approved prior meeting minutes.

Opening Remarks & Personnel

• Chair James Grundy recognized the recent passing of Town Solicitor Matt Callahan, calling him a wonderful human being and phenomenal attorney, and thanked Mark for stepping in as solicitor during the unexpected transition.
• Chair Grundy summarized a resignation email from Eric Wishart, who resigned from the Planning Commission and the QDC board effective September 18, 2023, citing the recent deaths of both parents and a move to Fort Myers, Florida. The Chair thanked Wishart for his technical service and wished him well.

Agenda Item 3A: Deferred Schooner Landing Final Plan Extension Request

• The posted agenda described a Master Plan Extension Request for WDIC, LLC, a 78-lot major subdivision at Plat 109 Lot 2, Seawynds Drive and Taylor Place.
• Chair Grundy apologized and stated the posting was incorrect: the item is not a master plan and is not WDIC. The actual request is from Schooner Landing for a final plan extension and will be on the October agenda. This discrepancy is noted because the agenda and oral statement differ.

Agenda Item 3B: Verizon Wireless Waiver Request – 772 Fletcher Road

• Cellco Partnership d/b/a Verizon Wireless requested waivers from the Development Plan Review Checklist for a proposed monopole communications tower at Assessor's Plat 84 Lot 2, 772 Fletcher Road, zoned Rural Residential. Attorney Tim Twardowski of Robinson & Cole and engineer Jesse Moreno of ProTERRA presented the request.
• Waivers requested and Commission action:
  • Site plan itemization of zoning variances/special use permits: granted with the condition that a note be added to the site plan.
  • Two-foot contours within 100-foot perimeter: granted with the condition that contours be supplemented using acceptable existing data; no new off-site survey was required.
  • Drainage plan: waived for application completeness; the project must still satisfy the Town Engineer and Rhode Island DEM standards during development plan review.
  • Preliminary water/sewer plans and profiles: waived because the facility is passive and will have no water or sewer service.
  • Street/utility profiles and cross-sections: waived because no new streets are proposed.
  • Traffic impact analysis: waived because the unoccupied facility would generate only occasional service/maintenance visits.
  • Nitrate loading, water supply, and municipal service impact analyses: waived because no water service is proposed.
  • Fire department review of street names and hydrants: waived because no streets or hydrants are proposed.
  • Landscaping plan by a Rhode Island registered landscape architect: waived because the tower would be screened by existing tree canopy, but the issue may be revisited.
  • Cross-sections at one-acre intervals and wet-season groundwater data: waived because the disturbance area is less than one acre and cut/fill volumes are below 1,000 cubic yards.
  • Final Rhode Island DEM approval/stamped plans: conditionally waived, subject to a properly credentialed Rhode Island-licensed wetland scientist. The submitted wetland investigation showed the nearest jurisdictional area more than 130 feet from the work limit and mostly more than 200 feet.
  • On-site wastewater treatment system: waived because none is proposed.
  • Zoning Board of Review approval: waived for this stage; Verizon Wireless is scheduled before the Zoning Board on October 10, 2023, and changes in zoning relief would require a return to the Planning Commission.
  • Other state and federal approvals: FAA and FCC letters are to be added to the file if not already provided. Applicant noted FAA imposed a height limit and the tower is below it.
• The Commission voted 5-0 to approve the waivers as listed, subject to the stated conditions.

Agenda Item 3C: Zoning Ordinance and Subdivision Regulation Amendments for New State Laws

• Planning Director Nicole said the Town must amend its zoning and subdivision regulations to implement new state laws, with January deadlines assumed. Some compliant administrative changes will be drafted without separate commission discussion, but two major policy areas need commission input: inclusionary zoning and special use permit standards/definitions.
• Inclusionary zoning discussion:
  • Nicole explained the new state law changes the current 10 percent inclusionary framework to a 25 percent affordable-unit requirement. The unit threshold cannot be set at 11 units; the obligation is triggered at a lower number. Each affordable unit permits two additional market-rate units and a per-dwelling-unit lot area reduction without zoning relief. Fee-in-lieu remains optional but disqualifies the project from the density bonus, and the fee must be used within three years.
  • North Kingstown currently has inclusionary zoning and may opt out by amending the zoning ordinance, which would require Town Council action. Nicole said removing it would not end comprehensive permit options, and the Town is close to its 10 percent affordable housing goal.
  • Several commissioners expressed concern that the 25 percent rule plus 2-for-1 market-rate bonuses would create large by-right density increases. One example cited: a 30-unit project needing 8 affordable units and receiving 16 bonus units would total 46 units, a 50 percent increase that the commission could not reject if standards are met.
  • Commissioners raised infrastructure constraints, including water service, wells, septic systems, and groundwater, especially in rural/residential zones; one commissioner suggested opting out temporarily to watch other communities before committing, while another noted the public optics of opting out and the need to present data to the Town Council.
  • The Commission did not take a decision. Staff will research options, including possible district-specific limitations, and continue the discussion at the next meeting.
• Special use permit audit discussion:
  • Nicole presented an audit of existing special use permits. New state law requires specific and objective criteria/development standards and definitions for each special use permit; if not supplied, the use may be deemed a permitted use.
  • The audit is a starting point and does not yet identify whether each use should remain a special use permit, become permitted, or be prohibited. Many uses lack definitions, and some may need new development standards.
  • Commissioners discussed examples including two-family dwellings, residential uses in business zones, electric substations, earth removal/gravel pits, recycling facilities, boat storage, and carry-out food service. One commissioner suggested using clear development standards to allow some uses by right instead of requiring special use permits; another noted the need to review and possibly consolidate existing zones and use definitions.
  • Members were asked to send thoughts and suggested changes before the next meeting; no vote was taken.

Key Outcomes

• 3A deferred to October.
• 3B waiver request approved 5-0 with conditions.
• 3C inclusionary zoning and special use permit discussions to continue at the next meeting.
• Minutes of July 18, 2023 approved 4-0-1, with one commissioner recusing because they were not present at that meeting.
• Minutes of August 1, 2023 approved 5-0.
• Meeting adjourned after the minutes approvals.