North Kingstown Planning Commission Meeting - October 1, 2024

The North Kingstown Planning Commission met on October 1, 2024, at 7:00 PM in Town Hall. The meeting addressed two main agenda items: a minor preliminary plan modification for the Post Road Apartments (77-unit major land development) and a waiver request from the Town of North Kingstown for a minor land development project at 100 Fairway Drive. The commission also approved the minutes from the August 6, 2024 meeting.

Consent Calendar

• No consent calendar was listed on the agenda.

Public Comments & Testimony

• Richard Welch (8 R O Lane) asked about a recommendation to include a "no left turn" restriction out of the Post Road Apartments property onto Post Road. Staff clarified that such a requirement would be addressed at the final plan stage, not in the current modification.

Discussion Items

• Item 3A: Minor Preliminary Plan Modification – Post Road Apartments

  • The applicant, A.R. Building Company, represented by Pamela A. Barm of Zaprete Engineering, presented a modification to the previously approved preliminary plan. The changes include:
    • Relocating amenity space from a detached structure into the main building, shifting it north and east.
    • Reconfiguring unit counts: one building will have 39 units (previously 38), the other 38 (previously 39), maintaining the same total of 77 units and bedroom count.
    • Moving the pool to the south/southwest portion of the property.
    • Relocating utilities and a fire hydrant closer to the residential structure, as the amenity building is eliminated.
  • The building footprint remains unchanged.
  • The Town Engineer and Fire Marshal reviewed the plans and expressed comfort with the modifications.
  • No public hearing was initially opened, but after a motion, the public comment period was opened and closed, with only Mr. Welch's comments recorded.

• Item 3B: Waiver Request – 100 Fairway Drive (Town Municipal Offices Addition)

  • The Town of North Kingstown is seeking a Unified Development Review for a minor land development project: adding a small addition to the municipal offices building at 100 Fairway Drive. The project previously would have been classified as a Development Plan Review but now falls under the new state law as a minor land development.
  • The applicant requested waivers from four checklist submission requirements:
    1. D3 (Drainage Calculations): The proposed addition adds minimal impervious surface, below thresholds requiring stormwater practices per the RI Stormwater Manual.
    2. E4 (On-site Wastewater Treatment System): The existing septic system is adequate; no new employees are added, so no upgrade is required.
    3. B6 (Certification by Engineer that plan is correct): The site improvements are minor (mostly building, no new roads or extensive grading); an architect's stamp is considered sufficient.
    4. B2 (Proposed Landscaping Plan bearing stamp of registered landscape architect): The town proposes to use the Tree Warden for landscaping guidance rather than hiring a landscape architect. The plan involves only low-lying shrubs and flowering plants, not trees.
  • Extensive discussion: Commissioner Richard Lipsitz raised concerns about waiving the requirement for a landscape architect stamp, citing state law that plans must be stamped by the appropriate professional. Other commissioners debated whether a waiver of the submission requirement could be granted without violating the ordinance. Ultimately, the commission agreed to waive B2 (the entire landscaping plan submission), but noted that the town would still need to meet landscaping ordinance requirements, with potential relief (variance) to be sought at the November hearing under the unified development review. The engineering stamp waiver (B6) was also debated but passed 5-1, with Lipsitz opposing.

Key Outcomes

• Item 3A: Motion to approve the minor preliminary plan modification as presented in the applicant's letter of September 16, 2024. Vote: 6-0 in favor.
• Item 3B – Waivers D3, E4, B6: Motion to approve waivers for drainage calculations (D3), on-site wastewater system (E4), and certification by engineer (B6). Vote: 5-1 in favor. Commissioner Lipsitz voted against B6.
• Item 3B – Waiver B2 (Landscaping Plan): Motion to approve waiver of the proposed landscaping plan submission (B2). Vote: 5-1 in favor. Commissioner Lipsitz opposed.
• Minutes: Motion to approve the August 6, 2024 minutes subject to minor spelling corrections. Vote: Unanimous.
• Next Steps: The 100 Fairway Drive application will be scheduled for a full review by the Planning Commission in November 2024, where the town is expected to seek variances from landscaping requirements if needed.