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OPENPUBLICA · PUBLIC MEETING RECORD

Record of Proceedings

North Kingstown Planning Commission Meeting – February 20, 2024 – Sanctuary Estates Preliminary Plan and Zoning Amendments

Planning Commission — Tuesday, February 20, 2024

BodyNorth Kingstown, Rhode Island

SessionPlanning Commission

DateTuesday, February 20, 2024

StatusFILED

Video Record

0:00 / 1:45:25

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

0:10

Uh good evening everyone.

0:11

Welcome to the Tuesday, February 20th, 2024 Planning Commission meeting.

0:16

It's more people than we normally get.

0:18

So for some of you who haven't been to our meetings before, just so you know the sequence that we work as we get to an agenda item, staff will walk us through after questions from the commission.

0:30

The applicant will present.

0:33

Again, there'll be more questions potentially at the end of that.

0:36

And if there are any uh concerns or comments that anyone from the public has, there will be a time after that for you to ask questions.

0:45

So we'll just hold any questions until we get to that point.

0:50

And everyone will have an opportunity if you have anything you want to ask or put on the record.

0:57

So with that, the first item on the agenda tonight, item 3A, preliminary plan application, the hearing of the application of Saunderstown Properties LLC for Sanctuary Estates, a major 14 lot subdivision for property located on Assessus Plat 160, lots 91 and 92, 309 North Quidnesset Road, North Kingstown, and a neighborhood residential zone and scenic overlay district.

1:24

Nicole, is this you uh Becky's got this?

1:27

Okay, thank you.

1:28

Okay, yep.

1:28

So um, like Jim said, this is a uh preliminary plan subdivision application of Saunders Town Properties LLC and RHC properties LLC.

1:37

There are two lots um that are part of this application, um 309 North Quidnesset Road, their zone neighborhood residential, and um it's in our scenic overlay um district.

1:48

It's not in the groundwater overlay, it's um outside of our water service area, um, but it is in the scenic overlay.

1:56

So under existing conditions, there's one dwelling on lot 91.

2:00

It also has it um some structures that were part of uh the use of the property as a bird sanctuary.

2:06

So there's some bird houses and cages, gravel roadways, and some um crossings and bridges as part of that previous use.

2:14

Um the applicant is proposing to construct 14 additional lots.

2:19

Um there is this one's a little unique in that the applicant has already submitted two minor subdivision applications, which you guys have reviewed and they've received um preliminary stage approval for that.

2:31

It's being reviewed administratively at the final stage right now.

2:34

So you have those two frontage lot applications, the major subdivision application, and we also have an administrative subdivision application, so it's a little unique um in that regard.

2:45

So in terms of order of approvals, it will be the two minor subdivisions first, then the administrative and then the major subdivision.

2:53

So it's a little different, but it'll be a total of 16 lots from the two existing lots that are there today.

3:01

Um the eastern portion of the of the lot or lot 91 will have six reduced density lots ranging in size from one to five acres with a private pervious roadway, and then the western portion of the lot on 92 will have eight lots with the same um similar proposal for a private pervious roadway with those lots ranging in one to one point six nine acres.

3:22

Um again, given the number of lots, there is a inclusionary zoning requirement.

3:26

Um they did you probably recall um they received a master plan modification approval from you for two off-site affordable units.

3:35

Um the requirement for total off-site would be three.

3:39

It is at the applicant's discretion, they have two now, so they would you know have to show one on um for within the subdivision to meet the inclusionary requirement.

3:51

Um it is um in a minimal flood hazard area.

3:55

As you can see, there's several wetland complexes on the property.

3:58

They did receive their RIDEM wetlands permit with several conditions.

4:02

Some of them I referenced in the staff report, you got the full permit in your packet.

4:08

Um as I noted earlier, it is in our scenic overlay, so you do have a um separate set of standards that you have to make a decision on when you're um rendering a decision at the end.

4:17

Um as you recall from previous applications, really the purpose and intent is to preserve, protect, and maintain the scenic roads, which is North Quidnesset Road.

4:26

Um maintaining the existing wooded street frontage is probably a good way to ensure that that is being met.

4:35

It is tied to another section of our subdivision regulations, which requires when you um propose a frontage lot on two streets that you try to screen that collector road.

4:44

So by preserving the uh landscape along North Quidnesset, and not only will help us meet that subdivision requirement, but also the scenic overlay requirement.

4:52

So it's kind of two-pronged protection there.

4:56

There is no new lighting proposed.

5:00

Um the DEM wetlands permit did have some limitations on any proposed lighting near the wetlands, and I did include that um as a proposed condition for you to consider as part of this application tonight.

5:11

In terms of um landscaping, it the um proposed landscaping plan does show cars lane lined with street trees that meets our um requirement for street trees on sanctuary lane.

5:25

They um have a note on the landscape sheet that the existing vegetation, there is significant um vegetation out there along Sanctuary Lane that can meet the intent of the landscaping requirement in the street tree requirement.

5:36

Again, it's at the planning commission's discretion if they want to put any kind of notation on the plans in terms of protecting or ensuring that that existing vegetation you know can continue to meet the requirements of the ordinance for street trees.

5:51

And um, as I said, there's two new private roadways.

5:55

They did receive a waiver at the master plan stage for the sidewalk requirement, but also they received a waiver for the use of pervious material, which is before you in the current application.

6:05

So you did grant that at the master plan stage.

6:08

Um the town engineer did make a note of the hammerhead design.

6:12

Um so normally if you are proposing a hammerhead design for greater than three lots, um you would want to grant that waiver from that tonight, and that is included as a condition in your at the end of the staff report.

6:26

Um in terms of stormwater and water quality, their primary stonewater B BMP is the pervious pavement.

6:33

There are some dry wells associated with each individual house as well.

6:37

Um and the town engineer had several comments.

6:40

Your her full set of comments was included in the packet.

6:43

Um she details a lot more of her concerns with just the maintenance of the pervious pavement.

6:50

In terms of uh wastewater disposal, it will be served by private wastewater um treatment systems.

6:56

They did get their system suitability or subdivision suitability from the DEM.

7:01

As I noted earlier, it's not in the water service area.

7:03

The two frontage lots will be serviced by municipal water, but the remaining 14 will have individual wells.

7:09

Um I gave everyone's TRC comments.

Discussion Breakdown — Share of Meeting

Land Use Planning██████████████████████████████████34%

Stormwater Management█████████████13%

Landscape Planning███████████11%

Water And Wastewater Management█████████9%

Environmental Protection██████6%

Procedural█████5%

Public Comment█████5%

Affordable Housing████4%

Homeowners Association████4%

Summary of Proceedings

North Kingstown Planning Commission Meeting – February 20, 2024

The North Kingstown Planning Commission met at 7:00 PM on Tuesday, February 20, 2024, at Town Hall, 80 Boston Neck Rd., North Kingstown, RI. The main item was a public hearing on the preliminary plan for Sanctuary Estates, a major 14-lot subdivision proposed by Saunderstown Properties, LLC and RHC Properties, LLC for Assessor’s Plat 160, Lots 91 and 92, at 309 North Quidnessett Road, in the Neighborhood Residential zone and Scenic Overlay District. The commission also discussed but deferred action on zoning and subdivision regulation amendments, and approved the November 7, 2023 minutes.

Public Comments & Testimony

Richard Welch (8 Arrow Lane), an abutter, raised concerns about groundwater levels, runoff, and the property’s exclusion from the water service area; he asked that his concerns be made part of the record.
One resident asked whether a traffic study had been done for North Quidnessett Road and whether street lighting would be installed; the applicant confirmed that no new lighting is proposed.
Kim Fulburn (Arrow Lane) asked whether the town owns adjacent undeveloped property; she was told the Miller property sold its development rights and largely cannot be developed.
Peter Johnson (20 Arrow Lane) expressed concern about possible grading-related runoff toward Arrow Lane and later asked who maintains trees on town-owned development-rights land.
Robert Derezzo (18 Hillcrest), an abutting property owner, asked about preservation of the North Quidnessett Road tree buffer, the affordable-housing obligation, and the likely construction timeline.
Karen Flynn (78 Rolling Meadow Way) expressed concern about downstream flooding, wetland runoff, and whether anyone monitors HOA stormwater-maintenance obligations.
Chris Day (300 North Quidnessett Road) asked about trees near power lines at the proposed entrance.
Jill Skeet (34 Arrow Lane) reported existing backyard flooding and asked how homeowners could establish a baseline before construction to measure any new runoff impacts.
Eileen Picar (Signal Rock) asked where the off-site affordable units would be located, how clearing limits and wetland buffers would be enforced, and how long HOA restrictions last.

Discussion Items

Planning staff presented the Sanctuary Estates preliminary plan. The proposal adds 14 lots through the major subdivision, plus two frontage lots under separate minor subdivision applications, for a total of 16 lots from the existing two lots. The eastern portion would have six reduced-density estate lots ranging from roughly one to five acres, and the western portion would have eight conventional lots, served by two private pervious roadways. The site contains multiple wetlands; the applicant holds a RIDEM freshwater wetlands permit and a subdivision suitability determination for septic systems.
Applicant’s engineer Eric Prevy and landscape architect John Carter described the design, including wetland restoration, pervious pavement and dry wells for stormwater, preservation of existing vegetation and stone walls, and two HOA-managed private roads. They also explained why stormwater basins shown at the master plan stage were removed, citing DEM preference for restoration over basins near wetlands.
The commission discussed concerns raised by the town engineer about long-term maintenance of pervious pavement, including quarterly vacuuming, signage, snow-plow practices, and HOA reporting requirements. The commission also discussed water department comments about adding a fire hydrant; the applicant preferred not to add one, and residential sprinklers would be used for homes beyond hydrant reach.
Under the Scenic Overlay District review, the commission emphasized preserving existing vegetation along North Quidnessett Road rather than cutting trees to plant new street trees. A proposed condition would require a landscape easement or equivalent measure to maintain the scenic corridor.
The commission considered a town historian memo recommending an archaeological survey. Applicant’s attorney John Cooper stated such surveys are not generally required for private subdivisions absent a state/federal trigger; the commission did not add that requirement.
On Agenda Item 3B, the commission passed on making recommendations on the NK Zoning Ordinance and Land Development/Subdivision Regulation amendments. The chair asked staff for follow-up information on adaptive reuse for future discussion.

Key Outcomes

The commission reached a positive consensus to advance the Sanctuary Estates preliminary plan and directed staff to prepare a draft decision with conditions for a subsequent vote. The transcript references a continuance to March 26, then a vote on March 19; the final date should be confirmed.
Draft conditions discussed include: identifying the third inclusionary housing unit either on the plan or at an approved off-site location; compliance with RIDEM wetland permit conditions; no artificial lighting directed at wetlands; a scenic-screening/landscape requirement along North Quidnessett Road; approval of the hammerhead-turnaround waiver; preservation of stone walls; and a requirement that any clearing beyond the shown limits of disturbance trigger new stormwater calculations.
The commission voted 5-0 to close public comment on the Sanctuary Estates hearing.
The commission approved the November 7, 2023 meeting minutes by a 5-0 vote.
The meeting adjourned after the vote on the minutes.

Meeting Transcript

Uh good evening everyone. Welcome to the Tuesday, February 20th, 2024 Planning Commission meeting. It's more people than we normally get. So for some of you who haven't been to our meetings before, just so you know the sequence that we work as we get to an agenda item, staff will walk us through after questions from the commission. The applicant will present. Again, there'll be more questions potentially at the end of that. And if there are any uh concerns or comments that anyone from the public has, there will be a time after that for you to ask questions. So we'll just hold any questions until we get to that point. And everyone will have an opportunity if you have anything you want to ask or put on the record. So with that, the first item on the agenda tonight, item 3A, preliminary plan application, the hearing of the application of Saunderstown Properties LLC for Sanctuary Estates, a major 14 lot subdivision for property located on Assessus Plat 160, lots 91 and 92, 309 North Quidnesset Road, North Kingstown, and a neighborhood residential zone and scenic overlay district. Nicole, is this you uh Becky's got this? Okay, thank you. Okay, yep. So um, like Jim said, this is a uh preliminary plan subdivision application of Saunders Town Properties LLC and RHC properties LLC. There are two lots um that are part of this application, um 309 North Quidnesset Road, their zone neighborhood residential, and um it's in our scenic overlay um district. It's not in the groundwater overlay, it's um outside of our water service area, um, but it is in the scenic overlay. So under existing conditions, there's one dwelling on lot 91. It also has it um some structures that were part of uh the use of the property as a bird sanctuary. So there's some bird houses and cages, gravel roadways, and some um crossings and bridges as part of that previous use. Um the applicant is proposing to construct 14 additional lots. Um there is this one's a little unique in that the applicant has already submitted two minor subdivision applications, which you guys have reviewed and they've received um preliminary stage approval for that. It's being reviewed administratively at the final stage right now. So you have those two frontage lot applications, the major subdivision application, and we also have an administrative subdivision application, so it's a little unique um in that regard. So in terms of order of approvals, it will be the two minor subdivisions first, then the administrative and then the major subdivision. So it's a little different, but it'll be a total of 16 lots from the two existing lots that are there today. Um the eastern portion of the of the lot or lot 91 will have six reduced density lots ranging in size from one to five acres with a private pervious roadway, and then the western portion of the lot on 92 will have eight lots with the same um similar proposal for a private pervious roadway with those lots ranging in one to one point six nine acres. Um again, given the number of lots, there is a inclusionary zoning requirement. Um they did you probably recall um they received a master plan modification approval from you for two off-site affordable units. Um the requirement for total off-site would be three. It is at the applicant's discretion, they have two now, so they would you know have to show one on um for within the subdivision to meet the inclusionary requirement. Um it is um in a minimal flood hazard area. As you can see, there's several wetland complexes on the property. They did receive their RIDEM wetlands permit with several conditions. Some of them I referenced in the staff report, you got the full permit in your packet. Um as I noted earlier, it is in our scenic overlay, so you do have a um separate set of standards that you have to make a decision on when you're um rendering a decision at the end. Um as you recall from previous applications, really the purpose and intent is to preserve, protect, and maintain the scenic roads, which is North Quidnesset Road. Um maintaining the existing wooded street frontage is probably a good way to ensure that that is being met. It is tied to another section of our subdivision regulations, which requires when you um propose a frontage lot on two streets that you try to screen that collector road. So by preserving the uh landscape along North Quidnesset, and not only will help us meet that subdivision requirement, but also the scenic overlay requirement. So it's kind of two-pronged protection there. There is no new lighting proposed. Um the DEM wetlands permit did have some limitations on any proposed lighting near the wetlands, and I did include that um as a proposed condition for you to consider as part of this application tonight. In terms of um landscaping, it the um proposed landscaping plan does show cars lane lined with street trees that meets our um requirement for street trees on sanctuary lane. They um have a note on the landscape sheet that the existing vegetation, there is significant um vegetation out there along Sanctuary Lane that can meet the intent of the landscaping requirement in the street tree requirement. Again, it's at the planning commission's discretion if they want to put any kind of notation on the plans in terms of protecting or ensuring that that existing vegetation you know can continue to meet the requirements of the ordinance for street trees. And um, as I said, there's two new private roadways. They did receive a waiver at the master plan stage for the sidewalk requirement, but also they received a waiver for the use of pervious material, which is before you in the current application. So you did grant that at the master plan stage. Um the town engineer did make a note of the hammerhead design. Um so normally if you are proposing a hammerhead design for greater than three lots, um you would want to grant that waiver from that tonight, and that is included as a condition in your at the end of the staff report.

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