OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

North Kingstown Planning Commission Meeting - March 5, 2024

Planning CommissionTuesday, March 5, 2024
BodyNorth Kingstown, Rhode Island
SessionPlanning Commission
DateTuesday, March 5, 2024
StatusFILED
Video Record
0:00 / 1:07:18

Transcript — Verbatim
0:00

Town Planning Commission.

0:03

I guess we'll go right into it.

0:06

Our first agenda item is uh an extension request, master plan decision for uh WDIC L L C a 78 lot major subdivision located off Sea Winds Drive and Taylor Place, also known as AP as uh assessors plot 109, lot two zoned post roads good evening.

0:30

Um the applicant is requesting an additional extension, so they've already received the two basic mandatory extensions that you're required to um give them.

0:39

They're asking for another year.

0:40

We have been working with them, they've been working on um obtaining sewers and some of their other approvals, so they it's not as if they have been quiet and silent, they have been working with this.

0:51

So from a uh department perspective, this is not an unreasonable request.

0:56

So is there is there a specific uh cause of the delay?

1:04

Or um if Eric wants to or Bob wants to give any information on what they believe would be the reason for it, that would be fine.

1:18

Uh good evening for the record, Eric Preebee, P R I V E.

1:22

Um a uh registered professional engineer with Depreet Engineering.

1:25

Uh yeah, the uh thanks for having us.

1:27

The um so the extension is requested as mentioned it is outside of the state statute uh allowable one and then you have to come back and give a reason.

1:35

Uh a couple of the reasons are we have um obviously we're connecting to Reynolds farm, uh phase two D.

1:42

That road wasn't even in for a little while, and it's actually just starting to come online now.

1:47

Um we're working through the wetlands permitting with DEM wetlands program as well.

1:51

Um we didn't want to start that too too early right after because that has a four-year life as well when we get that wetlands permit, it's a four-year life.

1:58

So if we get that right off and there's not even a road to attach to, so there was a little bit on that while we worked on some of the other items.

2:05

Uh one of the uh really important things we were working on as well was working with uh Kwanza QDC.

2:10

One of the discussions that we had with the planning commission at the master plan also was uh trying to maximize some of the separation uh from the industrial uses of QDC and Quanzett.

2:21

So we've looked at and we've worked with qua with QDC to uh move some of those units even further down.

2:26

Um and with that we had to kind of restructure the stormwater that comes with it.

2:30

So we've been working through DEM.

2:32

We actually got submitted to DEM for the freshwater wetlands permit since August of 2022 as well.

2:37

So we've been working through it along the way with QDC uh as well, kind of going through and working through the stormwater measures as well.

2:45

So um I did want to note as well, none of the regulations have changed between that time, so there was no zoning changes, there's no subdivision regulation changes, so it's not like there's anything that would be different if we came back to you with a master plan.

2:57

Um so we're not we're not looking for anything from that regard.

2:59

But you come back with us with the preliminary plan.

3:02

Correct, yeah.

3:03

And then we do as I mentioned, we've been with DEM wetlands.

3:06

Um probably looking to wrap up in the next two months.

3:10

I think we'll have our permit, and then we'd be looking to come back in for the preliminary plan with the town.

3:15

So we're close, but we're it was close enough with the May deadline to obviously it's only March right now, but it's close enough with the May that we wanted to make sure we we thought it was going to be a little too close to to get in and be certified complete in advance of that time.

3:29

So we're just requesting the one year extension.

3:34

Okay.

3:36

So probably the real driver would be just the progress on which I can you know I've seen by observation to see how things are progressing there.

3:46

Yeah, we've as much.

3:48

I mean, we haven't been sitting on our hands, we've been moving right along, and it is the the intent of the developer to to move this as quickly as we can.

3:55

And I mean they want to would like to get moving on it too.

3:57

So I believe we do need to make a finding of fact in in support of a waiver.

4:04

You should we have any discussion from good I'm okay?

4:18

Because I I I think the uh the um a finding of fact would be that we should uh grant the waiver due to the fact that the uh the current project depends on um on the progress of Reynolds Farm and Reynolds Farm's progress uh has not been as fast as as was originally expected, something to that effect.

4:44

Um is this would we uh is this one where we'd vote tonight or just take the consent vote tonight?

4:50

Okay.

4:51

Uh you have a motion on the I'll make a motion that we approve the extension.

4:57

Is there a second?

4:59

Second.

5:00

depends on um on the progress of Reynolds farm and Reynolds farms progress uh has not been as fast as as that was originally expected something to that effect um so is this would we uh is this one where we vote tonight or just take the consent vote tonight okay uh we have a motion on I'll make a motion that we approve the extension all in favor hold on AI can we just identify that it will be uh based on the date of the decision to May 13th of 2025 correct that until May of 25 it wasn't it was a second by second yep all in favor say aye aye any opposed thank you take them out to dinner Bob next uh next item up is development plan review application request by Lil Roadie pickleball for proposed outdoor commercial pickleball courts to be located south of 6615 post road cessors plat 157 lot 143 zone post road and located in the groundwater recharge area we'll start out with a brief from the I'll just give a little little overview um I'm sure everyone's pretty familiar with the complex I'm not sure if you had a chance to um go to the site but as Pat mentioned it's for 6650 and post road it's a um commercial plaza now where the um current TJ Maxx and tractor supply is located um it is zoned post road which you know is a mixed use area and it's also in our groundwater um recharge area which is the reason why it's before you tonight because any change of use or improvements in groundwater um need development plan approval by the planning commission it's not an administrative approval um they don't need any relief at all um from the zoning board so what the applicant is proposing is two outdoor pickleball courts so currently they're operating um inside the building right next to TJ Maxx where I think the Sears um used to be in the building and now they're looking to expand um to the outside with those two courts it would be um off the southern portion of the building and um they are proposing to have a six foot high green vinyl coated fence and um that's important to note just because it is in the post road corridor and we do have design standards so they are proposing at least a vinyl coated fence to help um mitigate some of the impacts of just a regular kind of gray or steel looking fence.

7:16

That's about you know the only thing that would really be subject to any design standards besides signage for this proposed use.

7:32

The flow of water away from the building um and fix some of the potholes that are existing as you know uh the truck traffic travels in and around the building um right next to where the proposed uh pickleball courts are going to be the um I'm not sure if it was in your staff report but the fire marshal did meet on site with the applicant they took a ladder truck out to the site um to ensure that it would have clearance over the six foot fence which it did the applicant actually responded um by amending the plans as you see them tonight you can tell the two corners on the southeast and southwest um have been kind of angled the corners have been cut off so there's a little more turning radius available there.

8:12

He also um I think he or he can clarify I have this wrong I didn't review this one I'm just helping Al out so if I get it wrong Nicole's going to correct me but they did clear some vegetation to kind of expand the area um to make it a little wider for that truck access around the building with those improvements in mind while the fire marshal is always going to be concerned about access he seemed comfortable with it.

8:35

So again the applicant can speak to that a little further in any discussion that came up with the site visit um with the um improvements they're also you know proposing that they could put some no parking signs adjacent to the building to make sure that it's never being blocked with vehicles if there is truck traffic proposed to be which which it will truck traffic going through the area.

9:00

There's plenty of parking out there no new impervious so stormwater wasn't an issue.

9:04

As you saw in your packet they did get a system suitability from DEM but it did have that stipulation on there for a limit of 30 patrons in the building so that was included as a condition in the staff report that if they want to increase that they're gonna have to go back to DEM and get a suitability for more employees more patrons if that's what what they'd like to do.

9:24

So that was a condition um in the staff report there's no new lighting proposed they are not going to be having games outdoors late at night um and he is proposing several noise mitigation measures some have to do with just the um actual pickleball you know the balls and paddles that they use he's proposing some canvas like material that could be put on I think it's the fence um so that it will help mitigate some of the noise the actual eight foot fence that's proposed not the fence at the property line so closer to the noise source putting some canvas barrier that will help and then you know he's not going to allow any music to be played outside and if while you're waiting for your turn to play you have to actually wait inside the building and not be um outside like queuing up and hanging out you know outside all the TRC comments were included um I touched upon the fire department obviously he's just concerned with the ability to get the trucks in and out um and engineering they did adjust the bollard spacing they were at six now they're at five foot on center and um they'll protect obviously the courts themselves from any um truck traffic

10:00

And if while you're waiting for your turn to play, you have to actually wait inside the building and not be um outside like queuing up and hanging out, you know, outside.

10:09

All the TRC comments were included.

10:11

Um I touched upon the fire department.

10:14

Obviously, he's just concerned with the ability to get the trucks in and out.

10:18

Um and engineering, they did adjust the bollard spacing.

Discussion Breakdown — Share of Meeting
Noise Pollution████████████████████████24%
Parks and Recreation███████████████████19%
Land Use Planning██████████████14%
Public Safety████████████12%
Zoning Ordinance█████████9%
Procedural█████████9%
Engineering And Infrastructure████4%
Sign Ordinance███3%
Environmental Protection██2%
Summary of Proceedings

North Kingstown Planning Commission Meeting - March 5, 2024

The North Kingstown Planning Commission met on Tuesday, March 5, 2024, at 7:00 PM at Town Hall, 80 Boston Neck Rd. The commission addressed a master plan extension request for a major subdivision, approved a development plan for outdoor pickleball courts with conditions, and discussed ongoing zoning ordinance amendments.

Consent Calendar

  • No consent calendar items were listed; all items were considered individually.

Public Comments & Testimony

  • No public comments were offered during the meeting.

Discussion Items

Extension Request: WDIC LLC Master Plan Decision

  • The applicant, Eric Preebee of Depreet Engineering, requested a one-year extension for a 78-lot major subdivision located off Seawynds Drive and Taylor Place (AP 109, Lot 2, zoned Post Road). The applicant had already received two mandatory extensions. Delays were attributed to coordination with the Reynolds Farm phase 2 road (which was just coming online), pursuing a Freshwater Wetlands permit from DEM (submitted August 2022, expected within two months), and working with QDC to reconfigure lots and stormwater to increase separation from industrial uses. The applicant stated that no zoning or subdivision regulation changes had occurred since the original approval. Staff confirmed the applicant had been actively working on approvals. The commission approved the extension to May 13, 2025, finding that the progress of Reynolds Farm was slower than originally expected. The vote was unanimous.

Development Plan Review: Lil Rhody Pickleball Outdoor Courts

  • The applicant, Richard Storty of Lil Rhody Pickleball, proposed two outdoor commercial pickleball courts at 6615 Post Road (AP 157, Lot 143) in the Groundwater Recharge Area. The courts would replace existing deteriorated asphalt, with a 6-foot green vinyl-coated fence (adjusted to 6'4" for fire truck clearance), and no new impervious surfaces. Key discussion points:
    • Noise mitigation: Applicant committed to installing acoustic pickleball barriers on the fence (brand "acoustic pickleball barrier") with canvas-like material near the courts, and if needed on the building wall. Silent paddles (Owl paddle, 45% noise reduction) and sound-deadening balls were also proposed. No outdoor music was allowed. The town's noise ordinance (Chapter 8) would apply; the police would enforce if complaints arise.
    • Hours of operation: The commission restricted outdoor court hours to 8:00 AM to 8:00 PM, consistent with landscaping hours. The indoor business operates 7:00 AM to 10:00 PM.
    • Lighting: Existing building lights were deemed acceptable. No new lighting was proposed; any future lighting would require planning department approval, and if needed, return to the commission.
    • Fire access: The fire marshal tested a ladder truck, confirming clearance with angled fence corners and cleared vegetation. No-parking signs and 5-foot on-center bollards were required to keep truck travel lanes clear.
    • Septic capacity: The current DEM System Suitability Determination (SSD) limits occupancy to 30 patrons. The applicant is working with DEM to revise this upward. A condition requires observance of the 30-patron limit until a revised SSD is obtained and approved by the planning department.
    • Other conditions: No outdoor queuing or congregating; sound-reducing paddles required; acoustic treatment on fence; if insufficient, on building wall; all bollards placed as specified. The commission voted 5-0 to approve the application with these conditions. Staff will finalize the condition language.

Zoning Ordinance Amendments (Continued Discussion)

  • Due to the absence of Chair James Grundy, the discussion on amendments to implement new state laws was deferred. Staff reported ongoing work on inclusionary zoning, definitions, special use permits, adaptive reuse, and other process changes to the zoning and subdivision regulations. The next meeting will focus on these topics.

Key Outcomes

  • Approved extension for WDIC LLC master plan decision to May 13, 2025 (unanimous).
  • Approved Lil Rhody Pickleball outdoor courts with conditions (5-0): hours 8 AM–8 PM; acoustic mitigation on fence and possibly wall; no new lighting without planning department approval; observe DEM SSD 30-patron cap until revised; install bollards and no-parking signs; no outdoor music or queuing; use of noise-reducing paddles.
  • Approved minutes from the February 6, 2024 meeting (unanimous).
  • Next steps: Staff to finalize conditions for pickleball approval; zoning ordinance amendments to be discussed at the next commission meeting.

Meeting Transcript

Town Planning Commission. I guess we'll go right into it. Our first agenda item is uh an extension request, master plan decision for uh WDIC L L C a 78 lot major subdivision located off Sea Winds Drive and Taylor Place, also known as AP as uh assessors plot 109, lot two zoned post roads good evening. Um the applicant is requesting an additional extension, so they've already received the two basic mandatory extensions that you're required to um give them. They're asking for another year. We have been working with them, they've been working on um obtaining sewers and some of their other approvals, so they it's not as if they have been quiet and silent, they have been working with this. So from a uh department perspective, this is not an unreasonable request. So is there is there a specific uh cause of the delay? Or um if Eric wants to or Bob wants to give any information on what they believe would be the reason for it, that would be fine. Uh good evening for the record, Eric Preebee, P R I V E. Um a uh registered professional engineer with Depreet Engineering. Uh yeah, the uh thanks for having us. The um so the extension is requested as mentioned it is outside of the state statute uh allowable one and then you have to come back and give a reason. Uh a couple of the reasons are we have um obviously we're connecting to Reynolds farm, uh phase two D. That road wasn't even in for a little while, and it's actually just starting to come online now. Um we're working through the wetlands permitting with DEM wetlands program as well. Um we didn't want to start that too too early right after because that has a four-year life as well when we get that wetlands permit, it's a four-year life. So if we get that right off and there's not even a road to attach to, so there was a little bit on that while we worked on some of the other items. Uh one of the uh really important things we were working on as well was working with uh Kwanza QDC. One of the discussions that we had with the planning commission at the master plan also was uh trying to maximize some of the separation uh from the industrial uses of QDC and Quanzett. So we've looked at and we've worked with qua with QDC to uh move some of those units even further down. Um and with that we had to kind of restructure the stormwater that comes with it. So we've been working through DEM. We actually got submitted to DEM for the freshwater wetlands permit since August of 2022 as well. So we've been working through it along the way with QDC uh as well, kind of going through and working through the stormwater measures as well. So um I did want to note as well, none of the regulations have changed between that time, so there was no zoning changes, there's no subdivision regulation changes, so it's not like there's anything that would be different if we came back to you with a master plan. Um so we're not we're not looking for anything from that regard. But you come back with us with the preliminary plan. Correct, yeah. And then we do as I mentioned, we've been with DEM wetlands. Um probably looking to wrap up in the next two months. I think we'll have our permit, and then we'd be looking to come back in for the preliminary plan with the town. So we're close, but we're it was close enough with the May deadline to obviously it's only March right now, but it's close enough with the May that we wanted to make sure we we thought it was going to be a little too close to to get in and be certified complete in advance of that time. So we're just requesting the one year extension. Okay. So probably the real driver would be just the progress on which I can you know I've seen by observation to see how things are progressing there. Yeah, we've as much. I mean, we haven't been sitting on our hands, we've been moving right along, and it is the the intent of the developer to to move this as quickly as we can. And I mean they want to would like to get moving on it too. So I believe we do need to make a finding of fact in in support of a waiver. You should we have any discussion from good I'm okay? Because I I I think the uh the um a finding of fact would be that we should uh grant the waiver due to the fact that the uh the current project depends on um on the progress of Reynolds Farm and Reynolds Farm's progress uh has not been as fast as as was originally expected, something to that effect. Um is this would we uh is this one where we'd vote tonight or just take the consent vote tonight? Okay. Uh you have a motion on the I'll make a motion that we approve the extension. Is there a second? Second. depends on um on the progress of Reynolds farm and Reynolds farms progress uh has not been as fast as as that was originally expected something to that effect um so is this would we uh is this one where we vote tonight or just take the consent vote tonight okay uh we have a motion on I'll make a motion that we approve the extension all in favor hold on AI can we just identify that it will be uh based on the date of the decision to May 13th of 2025 correct that until May of 25 it wasn't it was a second by second yep all in favor say aye aye any opposed thank you take them out to dinner Bob next uh next item up is development plan review application request by Lil Roadie pickleball for proposed outdoor commercial pickleball courts to be located south of 6615 post road cessors plat 157 lot 143 zone post road and located in the groundwater recharge area we'll start out with a brief from the I'll just give a little little overview um I'm sure everyone's pretty familiar with the complex I'm not sure if you had a chance to um go to the site but as Pat mentioned it's for 6650 and post road it's a um commercial plaza now where the um current TJ Maxx and tractor supply is located um it is zoned post road which you know is a mixed use area and it's also in our groundwater um recharge area which is the reason why it's before you tonight because any change of use or improvements in groundwater um need development plan approval by the planning commission it's not an administrative approval um they don't need any relief at all um from the zoning board so what the applicant is proposing is two outdoor pickleball courts so currently they're operating um inside the building right next to TJ Maxx where I think the Sears um used to be in the building and now they're looking to expand um to the outside with those two courts it would be um off the southern portion of the building and um they are proposing to have a six foot high green vinyl coated fence and um that's important to note just because it is in the post road corridor and we do have design standards so they are proposing at least a vinyl coated fence to help um mitigate some of the impacts of just a regular kind of gray or steel looking fence. That's about you know the only thing that would really be subject to any design standards besides signage for this proposed use. The flow of water away from the building um and fix some of the potholes that are existing as you know uh the truck traffic travels in and around the building um right next to where the proposed uh pickleball courts are going to be the um I'm not sure if it was in your staff report but the fire marshal did meet on site with the applicant they took a ladder truck out to the site um to ensure that it would have clearance over the six foot fence which it did the applicant actually responded um by amending the plans as you see them tonight you can tell the two corners on the southeast and southwest um have been kind of angled the corners have been cut off so there's a little more turning radius available there.

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