North Kingstown Planning Commission Meeting – June 18, 2024

The North Kingstown Planning Commission met Tuesday, June 18, 2024, at 7:00 PM at Town Hall, 80 Boston Neck Rd. The Commission approved the final plan decision for Pinewood Village, a proposed 88-unit apartment development, and combined the continued public hearings for Post Road Apartments, a 77-unit major land development at AP 136 Lots 9 and 21, zoned Post Road (PR). The Post Road applicant withdrew its zoning variance request after receiving a RIDEM permit, and the Commission continued the preliminary plan decision to July 16, 2024.

Public Comments & Testimony

• Richard Welch of 8 Arrow Lane, North Kingstown, said he had no problem with the Post Road Apartments development plan but raised two concerns: he questioned why the narrower of the two access points to Post Road would be used, and he urged the Commission to require a no-left-turn restriction for vehicles leaving the site, citing heavy traffic, backups, and traffic from the base. He also cited emergency access and snow removal needs for 77 units and said the existing wider access should be used.

Discussion Items

• Pinewood Village final plan decision – The Commission acted on the Final Plan Application of Pinewood Village, LLC for 88 apartment units at Assessor’s Plat 102, Lots 6, 8, and 25, 50 South County Trail, zoned Compact Village Development (CVD) and in the Groundwater Protection Overlay District. After a correction to item seven on page three of the written decision, the Commission approved the final decision by voice vote; Commissioner Rich Lipsitz did not vote on this item.
• Post Road Apartments variance withdrawal – Attorney Christine Dieter, on behalf of A.R. Building Company, reported that RIDEM issued the pending permit, including a recharge amount that fully complies with RIDEM regulations and therefore the zoning ordinance. As a result, the applicant withdrew its zoning variance request. Town Engineer and Deputy Director of Public Works Allie Sparks said she reviewed the town ordinance and found the calculation is the same as the RIDEM manual; she stated the required recharge is 2,837 cubic feet and the project provides 4,018.2 cubic feet, and she had no issue with the recharge calculation.
• Waiver requests and preliminary conditions – The applicant requested three waivers under the Subdivision and Land Development Regulations: one point of access instead of two; a maximum 3 percent grade within 50 feet of a street intersection instead of within 100 feet; and internal road grades up to 11 percent instead of the usual 8 percent maximum. The Commission discussed conditions, including 16 low/moderate-income units allocated evenly between the two buildings (nine two-bedroom and seven one-bedroom), compliance with Post Road design standards, and administrative approval of final stage review.
• Stormwater maintenance clarification – The Commission reviewed an inconsistency in the operation and maintenance manual: one sheet said the stormwater treatment unit must be cleaned when sediment reaches 250 percent of storage capacity, while the manufacturer’s procedure said 15 percent. Brandon Carr of Depree Engineering explained the 50 percent figure in DEM comments was a general rule; the Commission directed that the condition be revised to reference the manufacturer’s standard.
• Left-turn concern – Following Mr. Welch’s public comment, commissioners discussed Post Road traffic and DOT jurisdiction. Attorney Dieter confirmed the applicant had submitted a physical alteration permit to DOT and was still responding to comments. Some commissioners noted the town had imposed turn restrictions at other sites in the past, while others said the Rhode Island DOT has authority over Post Road. The Commission added a condition/recommendation that the applicant ask DOT to specifically address the left-hand turn from the property in its decision.

Key Outcomes

• Approved the Pinewood Village final plan decision with corrections by voice vote; Commissioner Lipsitz did not vote.
• Accepted the withdrawal of the Post Road Apartments zoning variance request; no further action was needed on Agenda Item 3B.
• Voted to close the public hearing for the Post Road Apartments preliminary plan review.
• Commissioners reviewed all 12 review criteria and indicated consensus on positive findings and conditions; formal action on the preliminary plan was continued to the July 16, 2024, meeting.
• Adjourned after setting the continued decision date.