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OPENPUBLICA · PUBLIC MEETING RECORD

Record of Proceedings

North Kingstown Planning Commission Meeting - December 19, 2023

Planning Commission — Tuesday, December 19, 2023

BodyNorth Kingstown, Rhode Island

SessionPlanning Commission

DateTuesday, December 19, 2023

StatusFILED

Video Record

0:00 / 1:40:41

Transcript — VerbatimClick a timed line to jump · ⧉ to share it

0:00

First item on the agenda item 3A is a surety reduction for Gilbert Lane, which I believe everyone has.

0:07

And I this is a bit of a redo, Nicole.

0:10

And this is the same one that you looked at at the last meeting.

0:13

Um for some reason, and I apologize for not catching it.

0:16

Um Ali's memo had the incorrect numbers in it.

0:19

So when I went to put it together for the council, I realized that the numbers were off, and because you actually not only you know recommend the reduction, you recommend a specific number, it's back today for that.

0:30

Um it's a we have we hold less money than what was on her spreadsheets last week.

0:36

So the um 10% of what we hold would be 21096 21.

0:43

Okay.

0:44

Any uh questions for Nicole on this.

0:48

We do have the memo dated December 11th with the corrected amounts.

0:53

Would anyone like to make a motion uh to approve this request for reduction and send it off to the council?

1:00

I'll make a recommendation that we approve this.

1:03

Is there some motion and a second?

1:06

Any discussion?

1:07

All in favor?

1:09

Aye, any opposed?

1:11

Okay, that's uh five zero.

1:14

Thank you.

1:17

Next item on the agenda is a request by Brian Casey and Stuart Tuckett LLP, PO box 372, North Kingstown to appeal a decision rendered by the Wickford Village Design Guidelines Committee in accordance with section 211, the Wickford Village Design.

1:38

Excuse me.

1:39

Guidelines overlay district in which the Wickfit Village Design Guidelines Committee denied the request to Brian Casey and Stuart Tucker LLP to install an air conditioning unit uh on the rooftop of the structure at 95 Brown Street, Cessus Platte 117 lot 218 zoned Wickford Village Center.

1:59

This was continued from December 5th of this year.

2:03

And we did have a site visit during the interesting events of yesterday.

2:10

Jim, I'm just gonna interrupt you.

2:12

Sorry, I'm just gonna for the record just recuse from this.

2:14

Okay, so for the record, uh Steve has recused as he did the last time this was in front of us.

2:24

So we have no additional information for you at the last meeting.

2:28

You asked to continue it for the site visit.

2:30

So you did hold that yesterday, and I thank you all for attending in the monsoon, even Becky, as I did not attend.

2:38

Um so we are we are back here for the continuation of this item.

2:43

Okay.

2:45

I've got a couple questions.

2:47

Um is we don't have any uh anything that actually shows the design.

2:53

We j basically what we have is just no, you have pictures because when it went to when it went to the design board originally, it was already installed.

3:04

So you have the photographs of it, the ones that you had, and I don't have any better pictures of it.

3:10

So we don't write the the submission is not the same as as what you would have for one of your items.

3:14

Yeah, I mean it's a little tough to say.

3:18

I mean it's that I question what it is we're actually approving then, because now it it was installed, but now it's not um and I don't know if any anybody else has any questions about that.

3:35

Well, you know, in other words, what are we gonna put what are we gonna point to and say yes we approve this?

3:40

Well, I think that if we're we're looking at it as if it wasn't there.

3:43

Well, that's what I'm saying.

3:44

Even if it was on the roof and hooked up and functional, at this point we'd still be looking at it as if if it wasn't.

3:50

And more I think Pat's point is what's specif right the dimension of the specifics.

3:56

Yeah, said yes, this is what the design is.

4:00

So that's that's my first kind of point or question that I push.

4:05

Yeah, I mean, and that's something that's what's unique about the situation too, is that while you are you are looking at this as you're not reviewing the decision and making a decision about the decision, you are reviewing this as an application.

4:19

Um the difference is when an appeal comes in, they don't resubmit materials for you.

4:24

So we're taking what we have and and using that to create your file for you.

4:29

It could be something you ask of the applicant to provide you additional information, like you would for a regular hearing on something about the specific nature of what they're proposing.

4:38

My my second question is probably more for the solicitor.

4:41

Is you know, when we're reviewing something as the planning commission land development plan, we have the authority to waive certain requirements.

4:50

Do we have that same authority here to waive requirements of the design guidelines?

4:56

Um you're operating under the overly guidelines.

5:03

And I would say that because this is characterized as a noble feeling, then it would be preferred under your regular regulation.

5:27

Okay.

5:27

Thanks.

5:29

That's it for me for now.

5:32

Okay.

5:32

Um again, this is a little bit new territory for us, so I apologize to anyone that thinks it may be moving a little bit slower than it should, but we want to do it properly.

Discussion Breakdown — Share of Meeting

Zoning Ordinance█████████████████████████████████████████████50%

Water And Wastewater Management█████████████14%

Public Comment█████████10%

Engineering And Infrastructure████████9%

Procedural██████7%

Public Safety█████6%

Economic Development███3%

Public Works█1%

Summary of Proceedings

North Kingstown Planning Commission Meeting - December 19, 2023

The Planning Commission met on Tuesday, December 19, 2023, at 7:00 PM at Town Hall. The agenda included a surety reduction, an appeal of a Wickford Village Design Guidelines Committee decision, a Walmart expansion review, and discussion of zoning ordinance amendments (deferred). The meeting featured public testimony and extensive deliberation on the appeal and Walmart project.

Consent Calendar

Surety Reduction: Gilbert Lane (Agenda Item 3a): Approved unanimously (5-0) to recommend reduction to Town Council. The staff memo had corrected numbers, and the motion passed without discussion.

Public Comments & Testimony

Appeal of Wickford Village Design Guidelines Committee (Item 3b): Mike Dunney (141 West Main Street, WVDGC member but speaking personally) opposed the rooftop AC unit, stating the guidelines require it to be visually unnoticeable or screened. He noted the unit would be visible from Updike Park and driving into the village. Richard Welch (8 O'Lane, North Kingstown) supported approval, arguing the unit is minor and that delay harms business; he called painting a reasonable compromise. Ricky Thompson (194 Plain Road) supported the project, emphasizing the need for business growth and called the AC a “no harm, no foul” issue.
Walmart Expansion (Item 3c): No public comments were offered during the public comment portion (which was not separately opened for this item; the applicant and representatives spoke during discussion).

Discussion Items

Appeal – 95 Brown Street AC Unit: Commissioner Steve Borowick recused himself. The Commission reviewed required findings under Section 21-191. Chair Grundy led a discussion of the Wickford Village Design Guidelines, particularly Item 19 (rooftop mechanicals). Commissioners noted that many existing AC units are visible in Wickford but that this unit would be higher and more visible. A site visit had occurred December 18. The Commission debated whether painting the unit to match the brick background would constitute acceptable “screening.” The applicant, Brian Casey/Stuart Tucker (represented by Tucker), agreed to paint the unit. The Commission reached a positive consensus to approve the appeal with the condition that the unit be painted a color that blends with the brick, with a paint sample submitted for administrative review. The formal decision was continued to January 16, 2024.
Walmart Development Plan Review: The applicant (Melissa Horn, Higgins Capital) presented the 2,599 sq. ft. addition for grocery pickup. Discussion focused on: (1) the status of the Wickford Junction wastewater treatment plant (shared system) – the water director reviewed quarterly samples and deemed the system functioning; (2) past promises about outdoor storage and violations – commissioners expressed frustration that previous conditions (e.g., removal of outdoor storage) were not enforced. The solicitor noted enforcement issues are separate. The Commission accepted revised plans addressing erosion control and catch basins. The police department requested a camera plan for security; the Commission included as a condition that a camera plan acceptable to NKPD be submitted administratively. A positive consensus to approve with conditions (clean plans, camera plan) was reached; formal decision continued to January 16, 2024.
Zoning Ordinance Amendments (Item 3d): Deferred to the next meeting.

Key Outcomes

Item 3a (Surety Reduction): Approved 5-0; forwarded to Town Council.
Item 3b (Appeal – 95 Brown Street): Positive consensus to grant appeal with condition to paint AC unit to blend with brick; applicant to submit paint sample for administrative sign-off. Formal written decision continued to January 16, 2024 (vote: 4 in favor, 0 opposed, with recusal).
Item 3c (Walmart Expansion): Positive consensus to approve Development Plan Review with conditions: (1) all construction in conformance with revised plans; (2) a camera plan acceptable to North Kingstown Police Department to be submitted administratively; (3) a clean set of plans showing only the approved work to be recorded. Formal decision continued to January 16, 2024 (vote: unanimous among participating members).
Item 3d: Continued to January 16, 2024.
Meeting adjourned at approximately 8:45 PM.

Meeting Transcript

First item on the agenda item 3A is a surety reduction for Gilbert Lane, which I believe everyone has. And I this is a bit of a redo, Nicole. And this is the same one that you looked at at the last meeting. Um for some reason, and I apologize for not catching it. Um Ali's memo had the incorrect numbers in it. So when I went to put it together for the council, I realized that the numbers were off, and because you actually not only you know recommend the reduction, you recommend a specific number, it's back today for that. Um it's a we have we hold less money than what was on her spreadsheets last week. So the um 10% of what we hold would be 21096 21. Okay. Any uh questions for Nicole on this. We do have the memo dated December 11th with the corrected amounts. Would anyone like to make a motion uh to approve this request for reduction and send it off to the council? I'll make a recommendation that we approve this. Is there some motion and a second? Any discussion? All in favor? Aye, any opposed? Okay, that's uh five zero. Thank you. Next item on the agenda is a request by Brian Casey and Stuart Tuckett LLP, PO box 372, North Kingstown to appeal a decision rendered by the Wickford Village Design Guidelines Committee in accordance with section 211, the Wickford Village Design. Excuse me. Guidelines overlay district in which the Wickfit Village Design Guidelines Committee denied the request to Brian Casey and Stuart Tucker LLP to install an air conditioning unit uh on the rooftop of the structure at 95 Brown Street, Cessus Platte 117 lot 218 zoned Wickford Village Center. This was continued from December 5th of this year. And we did have a site visit during the interesting events of yesterday. Jim, I'm just gonna interrupt you. Sorry, I'm just gonna for the record just recuse from this. Okay, so for the record, uh Steve has recused as he did the last time this was in front of us. So we have no additional information for you at the last meeting. You asked to continue it for the site visit. So you did hold that yesterday, and I thank you all for attending in the monsoon, even Becky, as I did not attend. Um so we are we are back here for the continuation of this item. Okay. I've got a couple questions. Um is we don't have any uh anything that actually shows the design. We j basically what we have is just no, you have pictures because when it went to when it went to the design board originally, it was already installed. So you have the photographs of it, the ones that you had, and I don't have any better pictures of it. So we don't write the the submission is not the same as as what you would have for one of your items. Yeah, I mean it's a little tough to say. I mean it's that I question what it is we're actually approving then, because now it it was installed, but now it's not um and I don't know if any anybody else has any questions about that. Well, you know, in other words, what are we gonna put what are we gonna point to and say yes we approve this? Well, I think that if we're we're looking at it as if it wasn't there. Well, that's what I'm saying. Even if it was on the roof and hooked up and functional, at this point we'd still be looking at it as if if it wasn't. And more I think Pat's point is what's specif right the dimension of the specifics. Yeah, said yes, this is what the design is. So that's that's my first kind of point or question that I push. Yeah, I mean, and that's something that's what's unique about the situation too, is that while you are you are looking at this as you're not reviewing the decision and making a decision about the decision, you are reviewing this as an application. Um the difference is when an appeal comes in, they don't resubmit materials for you. So we're taking what we have and and using that to create your file for you. It could be something you ask of the applicant to provide you additional information, like you would for a regular hearing on something about the specific nature of what they're proposing.

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