North Kingstown Planning Commission Meeting: September 17, 2024

The North Kingstown Planning Commission met on Tuesday, September 17, 2024, at 7:00 PM in Town Hall. The agenda included five items: a final plan extension request, two decisions on electric vehicle charging stations, a withdrawal request for a telecommunications tower, and a public hearing on a major solar land development project. The commission approved the extension, approved both charging station decisions, granted the withdrawal, and after public testimony and deliberation, reached a positive consensus on the solar project, continuing the matter to October 15, 2024 for a formal decision.

Consent Calendar

• None; all items were discussed and voted separately.

Public Comments & Testimony

3d – Verizon Wireless Tower Withdrawal

• Tracy McHugh (Fletcher Road area) expressed strong support for improved cell service, citing personal experience with hospice care and inability to rely on cell phones. She urged the applicant to continue pursuing coverage in the area.
• Linda McKnight Calderon (830 Fletcher Road) opposed a tower in the residential neighborhood, stating the tower belongs in Quonset Business Park or on town-owned land, not next to her home.
• Richard Welch (8 Arrow Lane) supported the tower, emphasizing that cell service in the north end is "horrendous" and that the public good outweighs individual objections. He noted past town manager opposition and suggested Calf Pasture Point as an alternative site.
• Steve Calderon (830 Fletcher Road) suggested that residents with home internet can use Wi-Fi calling to avoid dropped calls, implying the need for a tower may be overstated.
• A resident (52 Peaceful Lane) recommended switching to airplane mode to force Wi-Fi calling.

3e – NKGM 1 Solar Project

• Jason Bergenstock (neighborhood resident) urged rejection, citing zoning inconsistency with the comprehensive plan (should be low-density residential), noise impacts from Route 403 already exceeding pre-highway levels, and archaeological concerns. He noted the conservation commission and Land Conservancy of North Kingstown have opposed the project. He submitted a petition of ~60 residents.
• Susan Cleveland (30 Elmwood Drive) opposed the clear-cutting, listing endangered bird species (barred owls, great horned owls, pileated woodpeckers) that may nest in the woods, and stated that the 200-foot buffer is insufficient.
• Jan McElh (830 Ten Rod Road, speaking as an individual, not as Conservation Commission member) expressed concern that environmental negatives outweigh positives, and noted rapid technological advances in solar may make such farms obsolete.
• David Alajanian (neighbor) acknowledged the applicant's comprehensive proposal but raised concerns about noise, entrance via a residential street, and requested a larger buffer (300 feet total) to reduce impact.
• Frank Sullivan (name from later comments) objected strongly, claiming the project would clear 4,000–5,000 trees, generate noise and safety issues, and provide only $20,000/year in tax revenue—equivalent to just three or four homes. He also alleged the developer has a convicted felon on staff.
• Francine Leone (86 Maplewood Drive) raised safety concerns: toxic materials in solar panels (cadmium, lead), fire risk, heat island effect, and lack of FAA glare analysis. She noted the Davisville bridge weight limit may hinder fire truck access.
• Kristen Allen (94 Woodland Drive/108 Elma Drive) said the project benefits only developers, not the town or environment, and urged preservation of open space.
• John McGinn (25 South Road, former Groundwater Committee member) listed ten reasons to reject, including groundwater protection, stormwater runoff, historical/archaeological sensitivity, and suitability of a paper street for commercial use.
• Barbara Keefe (29 Woodland Drive) highlighted safety risks for children and construction vehicles on a single-road neighborhood.
• Roger Montfat (144 Elmwood Drive) cited a past town water-boiling advisory and noted that solar panel fires require special extinguishing methods and pose a risk to nearby homes.
• Ashley Graham (partial owner of properties) questioned the decommissioning plan, criticized the horticulturist's claims about deer browsing, and said residents do not want to see solar panels.
• Peter Paolino (86 Maplewood Drive) asked the board to check the facts.

Discussion Items

3a – Schooner Landing Final Plan Extension

• The applicant requested a one-year extension under RIGL 45-23-43E. The commission approved unanimously without discussion.

3b – Volta Charging – 90 Frenchtown Road

• A written decision had been prepared based on prior consensus. Staff noted clerical corrections: date on off-premise sign analysis changed to 2024, plan dates corrected, and finding 5J corrected to state "no impact" on drinking water. The decision was approved as amended with one abstention (member absent at prior meeting). The vote was 4-0-1.

3c – Volta Charging – 1300 Ten Rod Road

• Similar decision with corrections: added off-premise sign analysis, corrected assessor's plat and lot numbers, and added "no" before impact on water supply. Approved as amended with the same abstention (4-0-1).

3d – Verizon Wireless Tower Withdrawal

• The applicant (Tim Twardowski, Robinson & Cole) explained they are exploring an alternative site in Quonset Business Park but progress is slow; they requested withdrawal without prejudice rather than another continuance. Public comment was heard, then the commission closed public comment and voted 5-0 to grant the withdrawal.

3e – NKGM 1 Solar – Combined Master and Preliminary Plan

• Staff outlined the application: a 4-MW ground-mounted solar array on 36.17 acres (two parcels) accessed via a paper street off Maplewood Drive. The site is zoned Light Industrial, but the comprehensive plan designates it as Moderate Density Residential (inconsistency noted). The use is permitted by right in the LI zone and groundwater overlay; no variances or special use permits are requested. The project would retain a 125-foot undisturbed buffer and 75-foot managed buffer, with 200 feet from residential property lines (meeting ordinance). The applicant presented details on design, noise (compliant with standards), stormwater, landscaping, and decommissioning.
• Conservation Commission objected; applicant responded.
• Public comment was extensive and overwhelmingly opposed (see above).
• Commission discussed concerns: noise from Route 403, safety during construction, fencing options (black vinyl vs. galvanized), maintenance of paper street, supplemental plantings, and conditions.
• The commission reached a positive consensus (5-0) to approve the combination of master and preliminary plan, and to approve the project subject to conditions including: no blasting, no soil export, no on-site bulk fuel storage, enhanced landscaping, paper street maintenance by applicant, and a condition for a tree planting plan along the paper street to be coordinated with abutters and the tree warden. They also voted 5-0 to forward a request to the Town Council to ask the Rhode Island Department of Transportation to address noise mitigation from Route 403.
• The matter was continued to October 15, 2024 for a formal written decision.

Key Outcomes

• 3a – Schooner Landing Extension: Approved unanimously (5-0).
• 3b – Volta Charging (90 Frenchtown Rd): Approved as amended (4-0-1, one abstention).
• 3c – Volta Charging (1300 Ten Rod Rd): Approved as amended (4-0-1, one abstention).
• 3d – Verizon Tower Withdrawal: Granted without prejudice (5-0).
• 3e – NKGM 1 Solar Project: After public hearing, commission voted to combine master and preliminary plan stages (5-0) and reached a positive consensus (5-0) to approve with conditions. The formal decision is to be presented at the next meeting on October 15, 2024. Commission also voted to refer noise concerns to Town Council (5-0).