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Record of Proceedings

North Kingstown Planning Commission Meeting - February 6, 2024

Planning Commission — Tuesday, February 6, 2024

BodyNorth Kingstown, Rhode Island

SessionPlanning Commission

DateTuesday, February 6, 2024

StatusFILED

Video Record

0:00 / 52:41

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

0:00

Welcome to the Tuesday, February 6th, 2024 Planning Commission meeting.

0:06

First item on the agenda, we have a continuance request for the development plan review, the application of Celco Partnership doing business as Verizon Wireless to work to telecommunications tower and other associated improvements to be located at 772 Fletcher Road, North Kingstown, also known as USS Plot 84, lot 002, zoned rural residential.

0:26

This has been continued since October 3rd and November 7th, 2023.

0:31

Is there anyone here on this application?

0:37

Nicole, I do we need to continue this to date certain, or is there yep?

0:41

So there was We should continue it to date certain.

0:44

I think the date that we would pick would be May 21st as it would fall, actually.

0:50

I'm sorry.

0:50

What date would you remember what day we picked, Tim for the zoning board?

1:00

We should go before the zoning board, the 14th.

1:02

So the seventh.

1:03

May 7th.

1:04

May 7th.

1:05

Okay, and we're we're not under any type of uh time constraints with this.

1:09

Do you want to go over that?

1:10

Yes.

1:11

So one thing we uh discuss with uh Mr.

1:13

Twardarski and with the zoning board who is also addressing this is that there's a uh provision in the federal statute that requires a town to complete their review within 150 days of the certificate of completeness.

1:24

So based on the situation now, we've uh discussed Mr.

1:28

Twardarski to uh toll that shot clock.

1:31

They call it a shot clock because time runs down.

1:34

Uh toll that uh until May 2nd, I believe, or is it have the date here?

1:42

Yeah, May 22nd.

1:43

That way, assuming Celco can resolve any avenues they're exploring now.

1:51

Uh, this will not be an issue.

1:53

But in case they have to come back to you with this application, then we will have about 80 or 90 days to complete our review within that 150-day period.

2:05

Okay, and should we just get um just for the sake of the record asked SELCO to go on the record of agreeing with that?

2:17

Good evening, Tim Twardowski of Robinson and Cole on behalf of the applicant uh Verizon Wireless, and we are in agreement with that.

2:24

We actually submitted a tolling agreement um to both the planning commission and the zoning board of review.

2:30

I've already signed that agreement on behalf of uh my client reflecting the tolling agreement that uh council has just described.

2:38

Uh and the idea I believe would be to have uh the chair of the planning commission uh sign as well.

2:44

Okay, thank you.

2:45

Uh is anyone have a good question.

2:46

And I have it in my office, so when you're available, come on over.

2:52

Uh does anyone have any questions for staff of the applicant as it relates to this?

2:57

I believe uh everyone's aware that they're trying to find options that may uh meet or at least alleviate as many concerns as possible that were brought up.

3:10

Uh with that uh look for a motion uh to continue to May 7th and uh accept the tolling agreement.

3:18

I make that motion that we continue till May 7th and accept the tolling agreement.

3:22

Sir, a second.

3:24

Second.

3:25

Motion the second, any discussion?

3:27

All in favor?

3:29

Aye.

3:30

Any opposed?

3:31

Okay, 6-0.

3:32

Thank you.

3:33

Uh next item on the agenda is extension request, master plan decision for Wickford Schoolhouse LLC for the schoolhouse condominiums at Academy Cove, a 39 unit uh land development.

3:46

I just gotta get the page to flip.

3:50

Uh this is located at 99 Phillips Street, also known as Cessus Plat 116, lot 109, zoned Wickford Village Center.

3:58

I see Mr.

3:59

Cooper is here, and not the still yeah thunder, but I believe this is by right under the statute.

4:06

That's correct.

4:07

John Cooper for the applicant and uh the applicant is uh starting to speed forward on this, deprives finishing up their preliminary engineering.

4:18

Um Scott Rabidou is guiding us through coastal resources, so this is gonna start to move again, and which is good news.

4:27

Uh they're still waiting on their tax credits, but uh they've elected to go forward uh with or without them.

4:34

So again, this is this is by right as the next item 3C will be, but I think we need to act on these individually.

4:43

Uh so would anyone like to make a motion to grant the by right extension for this master plan decision?

4:49

I'll make that motion that we grant the extension.

4:52

There's a motion as a second.

4:53

I'll second.

Discussion Breakdown — Share of Meeting

Zoning Ordinance████████████████████████████████████████████44%

Procedural███████████████████19%

Affordable Housing██████████████14%

Land Use Planning████████8%

Coastal Resource Management██████6%

Adaptive Reuse█████5%

Telecommunications Infrastructure██2%

Cannabis Regulation██2%

Summary of Proceedings

North Kingstown Planning Commission Meeting - February 6, 2024

The North Kingstown Planning Commission met on Tuesday, February 6, 2024, at 7:00 PM at Town Hall to address several continuance requests, extension requests, decisions on development plans, and a discussion on zoning ordinance amendments required by new state laws. The commission voted on multiple items and approved minutes from previous meetings.

Continuance Request: Verizon Wireless Telecommunications Tower

The commission considered a continuance request for the Development Plan Review of Cellco Partnership (Verizon Wireless) for a telecommunications tower at 772 Fletcher Road (AP 84 Lot 002, zoned Rural Residential). The matter had been continued from October 3, 2023, and November 7, 2023. Tim Twardowski of Robinson & Cole, representing the applicant, confirmed agreement with a tolling agreement to pause the federal 150-day review clock (shot clock) until May 22, 2024. The commission voted 6-0 to continue the matter to May 7, 2024 and to accept the tolling agreement.

Extension Requests: Wickford Schoolhouse LLC - Two Condominium Projjects

Schoolhouse Condominiums at Academy Cove (39 units, 99 Phillips Street): John Cooper, for the applicant, reported that the project is moving forward with preliminary engineering and coastal resources review. The commission granted the by-right extension (6-0).
Olde Theater Condominiums (18 units, 84 & 90 Phillips Street): The applicant indicated this pro ject is also moving forward without tax credits. The commission granted the by-right extension (6-0).

Decision: Walmart Grocery Pickup Expansion

The commission approved the Development Plan Review decision for Walmart Real Estate Business Trust to add a 2,599 sq. ft. grocery pickup expansion near the garden center at 1031 Ten Rod Road (AP 112 Lot 112, zoned Wickford Junction District, in Groundwater Recharge Area and Route 102 Scenic Overlay District). Greg De Bono of Bower Engineering (for the applicant) reviewed the decision and found it acceptable. The decision was approved 6-0 as written.

Decision: Appeal of Wickford Village Design Guidelines Committee Ruling

The commission ruled on an appeal by Brian Casey and Stuart Tucker, LLP regarding a denied request to install an air condensing unit on the roof at 95 Brown Street (AP 117 Lot 218, zoned Wickford Village Center). The commission amended the decision to change the phrase "visually unnoticeable" to "less noticheable" in findings 5 and condition 1, reflecting the intent to reduce visibility. The decision was approved 4-0 (member Steve Borowick recused; Richard Lipsitz was not yet a member).

Discussion and Possible Recommendations: Zoning Ordinance Amendments for State Laws

Staff presented draft amendments to implement new state laws, including: technical review committee procedures (subdivision regulation change, requirring a public hearing at a future date), adaptive reuse of commercial buildings (required by state law, with discussion on potential impacts on neighboring properties such as setback or expansion rights), and inclusionary zoning (Article 22). The commission discussed complexities, including how adaptive reuse could affect existing businesses (e.g., a residential component near a cannabis facility) and challenges with preserving incentives for affordable housing on Post Road without conflicting with new state density bonuses. No votes were taken; staff requested comments and will bring back revisions.

Minutes Approval

The commission approved minutes from: October 3, 2023 (5-0); October 7, 2023 (3-0); November 21, 2023 (5-0); December 5, 2023 (as amended, 6-0); December 19, 2023 (as amended, 6-0). Amendments included adjustments to phrasing and content.

Additional Discussion: Wickford Village Flooding

Commissioner Meg Kerr shared photographs of four major flooding events in Wickford Village over the past 15 months. She noted that even non-named storms cause significant tidal flooding, which should be considered in future planning and application reviews (e.g., placing AC units on the ground). The commission acknowledged ongoing town efforts to redesign the parking lot and potential larger mitigation measures like barriers or raising buildings, but recognized that flooding will intensify.

Key Outcoms

Verizon Wireless tower continuance: Approved to May 7, 2024 with tolling agreement (6-0).
Schoolhouse Condominiums extension: Granted by right (6-0).
Olde Theater Condominiums extension: Granted by right (6-0).
Walmart expansion: Decision approved (6-0).
Appeal of air condenser unit: Decision approved as amended (4-0).
Zoning ordinance amendments: No decision; staff to revise and return.
Minutes: All five sets approved with specific amendments.
Flooding concerns: Noted for future reference.

Meeting Transcript

Welcome to the Tuesday, February 6th, 2024 Planning Commission meeting. First item on the agenda, we have a continuance request for the development plan review, the application of Celco Partnership doing business as Verizon Wireless to work to telecommunications tower and other associated improvements to be located at 772 Fletcher Road, North Kingstown, also known as USS Plot 84, lot 002, zoned rural residential. This has been continued since October 3rd and November 7th, 2023. Is there anyone here on this application? Nicole, I do we need to continue this to date certain, or is there yep? So there was We should continue it to date certain. I think the date that we would pick would be May 21st as it would fall, actually. I'm sorry. What date would you remember what day we picked, Tim for the zoning board? We should go before the zoning board, the 14th. So the seventh. May 7th. May 7th. Okay, and we're we're not under any type of uh time constraints with this. Do you want to go over that? Yes. So one thing we uh discuss with uh Mr. Twardarski and with the zoning board who is also addressing this is that there's a uh provision in the federal statute that requires a town to complete their review within 150 days of the certificate of completeness. So based on the situation now, we've uh discussed Mr. Twardarski to uh toll that shot clock. They call it a shot clock because time runs down. Uh toll that uh until May 2nd, I believe, or is it have the date here? Yeah, May 22nd. That way, assuming Celco can resolve any avenues they're exploring now. Uh, this will not be an issue. But in case they have to come back to you with this application, then we will have about 80 or 90 days to complete our review within that 150-day period. Okay, and should we just get um just for the sake of the record asked SELCO to go on the record of agreeing with that? Good evening, Tim Twardowski of Robinson and Cole on behalf of the applicant uh Verizon Wireless, and we are in agreement with that. We actually submitted a tolling agreement um to both the planning commission and the zoning board of review. I've already signed that agreement on behalf of uh my client reflecting the tolling agreement that uh council has just described. Uh and the idea I believe would be to have uh the chair of the planning commission uh sign as well. Okay, thank you. Uh is anyone have a good question. And I have it in my office, so when you're available, come on over. Uh does anyone have any questions for staff of the applicant as it relates to this? I believe uh everyone's aware that they're trying to find options that may uh meet or at least alleviate as many concerns as possible that were brought up. Uh with that uh look for a motion uh to continue to May 7th and uh accept the tolling agreement. I make that motion that we continue till May 7th and accept the tolling agreement. Sir, a second. Second. Motion the second, any discussion? All in favor? Aye. Any opposed? Okay, 6-0. Thank you. Uh next item on the agenda is extension request, master plan decision for Wickford Schoolhouse LLC for the schoolhouse condominiums at Academy Cove, a 39 unit uh land development. I just gotta get the page to flip. Uh this is located at 99 Phillips Street, also known as Cessus Plat 116, lot 109, zoned Wickford Village Center. I see Mr.

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