North Kingstown Planning Commission Meeting - December 5, 2023
North Kingstown Planning Commission Meeting - December 5, 2023
The Planning Commission of North Kingstown met on Tuesday, December 5, 2023, at 7:00 PM in Town Hall, 80 Boston Neck Rd. The meeting included welcome of a new member, approval of a surety reduction, a master plan decision for a 77-unit apartment development, a mandatory extension for a master plan decision, and the initiation of a de novo appeal regarding an air conditioning unit in the Wickford Village Design Guidelines Overlay District. Public comment was heard on the appeal, and the board scheduled a site visit and continuation meeting.
Consent Calendar
- Surety Reduction: Gilbert Lane – Approved unanimously (6-0). The bond was reduced by $274,598.52 to a remaining $30,510.91 (10% guarantee for one year). The project was deemed complete with as-built plans submitted. The motion to approve was made and seconded, with all in favor.
Public Comments & Testimony
- Palmer (Chair, Wickford Village Design Guidelines Committee) – Explained the basis of the committee's denial: the air conditioning unit could have been placed out of sight behind the building rather than on the roof. He noted the committee considered guidelines requiring mechanical equipment to be minimalized or screened from public view.
- Mike Dunyou (Member, Historic District Commission and Wickford Village Design Guidelines Committee) – Described the design guidelines (adopted 2018) which state roof locations for mechanical equipment are generally not appropriate unless visually unnoticeable or screened. He urged the commission to review the guidelines and consider the heritage of the village.
- Stuart Tucker (Applicant) – Clarified that the unit was never installed (only placed on cribbing) and noted five other similar units in the area that received no prior review. He argued that a mini-split system would not meet the needs of the restaurant due to makeup air requirements. He also stated the committee did not offer alternative screening.
Discussion Items
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Master Plan Public Information Meeting – Application of A.R. Building Company for Post Road Apartments (77 units, Assessor's Plat 136 Lots 9 & 21, zoned PR) – The commission discussed a draft decision incorporating comments from the Conservation Commission (November 10, 2023 memo). Members proposed edits (e.g., changing “will promote” to “advance the goal of”, substituting “deferral” for “waiver” in one context). Discussion ensued on whether to make the Conservation Commission’s five considerations (including a 50-foot no-cut zone, minimizing clearing, and stormwater design) as conditions or background. The board agreed to reference the full memo as background without incorporating restrictive conditions beyond the zoning ordinance. The decision was approved unanimously as amended.
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Appeal of Brian Casey and Stuart Tucker (95 Brown Street, AP 117 Lot 218, zoned WVC) – Denial of roof air condenser installation by Wickford Village Design Guidelines Committee – This was a de novo hearing (clean slate). The commission reviewed the applicable design guidelines for mechanical equipment on page 16 of the packet. No conflict of interest was identified among board members. The applicant (Stuart Tucker) stated the unit was never installed and argued that ground placement was infeasible due to flood zone elevation requirements. After public comment, the board decided to schedule a site visit for Monday, December 18, 2023 at 7:30 AM at the property, and continue the hearing to Tuesday, December 19, 2023 at the regular meeting time. The solicitor noted that a site visit would be appropriate and board members should record their observations.
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Discussion: North Kingstown Zoning Ordinance and Land Development Regulations Amendments to Implement New State Laws – Staff reported they are working on ordinance language. The inclusionary zoning discussion may follow a model from another town that adds a sunset caveat instead of removing inclusionary housing. The new procedures take effect January 1, 2024, regardless. This item was deferred to a future meeting.
Key Outcomes
- Gilbert Lane Surety Reduction: Approved 6-0.
- Post Road Apartments Master Plan Decision: Approved unanimously (6-0) as amended. The decision will include background reference to the Conservation Commission memo (dated November 10, 2023).
- Wickford Junction Apartments Master Plan Extension: Approved unanimously (6-0), as statutorily required.
- Appeal – Air Conditioning Unit at 95 Brown Street: Continued to December 19, 2023, with a site visit scheduled for December 18, 2023 at 7:30 AM. The applicant was asked to provide elevation data regarding flood zone requirements.
- Zoning Ordinance Amendments: Deferred; staff will continue drafting and bring back for discussion.
Meeting Transcript
5th 2023 Planning Commission meeting. Um first thing I'd like to do is well welcome our newest member, uh Richard Lipsitz. And uh thank you for uh being willing to be a part of this. Thank you. I'm looking forward to it. Uh next item we have on the adjustment first item we have on the agenda is a surety reduction for Gilbert Lane, and we do have the uh memo from our deputy director of public works slash town engineer Allie Spox. Uh we have one memo from uh November 20th giving a bond reduction and we also have a November 22nd follow-up memorandum stating that uh some documents referenced in the first memo have been received. This is a reduction of the bond. Uh reducing it 274,598 dollars and fifty-two cents, leaving a hell reduction of thirty thousand five hundred ten dollars and ninety-one cents. And I believe all the paperwork is in order. Sure, Jim, two things. First, um Ali did have her baby the day after Thanksgiving. So his name is Calvin, and I think he was like eight pounds, I forget. Um so she's home and doing well. Um secondly, just want to make note the official business part that this is this is bringing this to 10 percent. So what this offici essentially is saying is the project is complete. This is the 10 percent guarantee for a year. So we were satisfied with the work that was done when we were out there, um, and then they did submit the as builds as requested afterwards. So um we are satisfied with the project as it is right now. Okay, does anyone have any uh comments on this we have a motion to uh approve this request for recommend uh uh reduction? I make a motion to prove the reduction. Is there a second? Second. Motion and a second. Any discussion? All in favor? Aye. Aye. Any opposed? Okay, that's six zero. Uh next item we have is a request for extension. Um I'm sorry, the um uh 3B master decision master plan public informational meeting, the application of AR building company for post-road apartments, 77 lot major land development located off post-road assesses plat 136, lot nine and 21 zone post-road. And uh we received uh a couple of documents on this. Uh we have the master plan decision. We also have the uh report and comments from the conservation committee, which we it said that we would uh review uh before voting on this. And we do have I believe four things that are so four items highlighted. Yep, so today um today you have a packet that I gave you, so you have everything that was submitted before when when you were last year, we had not given them sewer approval at that point in time. Since then Ali submitted this letter because we're in the middle of this and you're not come you have not completed this application. Um I felt it was important for you to have this as part of the application and incorporate in the decision versus waiting until preliminary. Um so that letter is here. I know you received an email, but the letters here uh the draft decision was drafted based on this letter being received. Um there today you have a couple comments. We sent this to the applicant and we looked at it ourselves. A couple things that were were to be changed in the decision that was sent to you. I have not received any comments from any board members on any changes to the decision. So if you have any, if we can discuss those now, um and then we can move forward with that. And as Jim said, we do have comments from the conservation commission. I think it's important that you at least address that you've received it, any comments you have. If you want to incorporate anything from their memo into the decision, this is obviously the time the time to do that. And the applicant has received a copy of the decision in both John and Brandon have reviewed it.
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