North Kingstown Planning Commission Meeting – January 21, 2025

The North Kingstown Planning Commission met on Tuesday, January 21, 2025, at Town Hall, 80 Boston Neck Rd., at 7:00 PM. The commission approved two routine items, held public hearings on the 152-unit Wickford Junction Apartments and a proposed McDonald’s restaurant, and continued both major applications to February 18, 2025.

Bond Reduction – Cottages at Weeden Farm

• The commission reviewed the town engineer’s updated memo proposing a reduction in the existing bond held for the Cottages at Weeden Farm.
• The requested reduction amount was $260,431.83, leaving a 10% retainer of $142,719.57.
• The motion to approve the bond reduction was approved 5-0.

Development Plan Review Waiver – Caffe’ Milano

• Tampella Restaurant Enterprise, D.B.A. Caffe’ Milano, requested a waiver of development plan review to construct a front vestibule at 4001 Quaker Lane, zoned Neighborhood Business.
• Staff explained the vestibule would not be attached to the ground and would not require excavation; the purpose is to prevent cold air from entering the business.
• The waiver was approved unanimously, 5-0.

Public Hearing: Wickford Junction Apartments (Items 3C/3D)

• WJ Apts LLC c/o Steve Moran proposes a 152-unit major land development at Assessor’s Plat 112, Lot 113, in the Wickford Junction Zone and groundwater recharge zone. The commission heard the zoning variance and preliminary plan applications together under unified development review.
• The project changed from three buildings at master plan to four four-story buildings: three buildings with 34 units each and one larger building with 50 units near the train station. All units are two-bedroom, reflecting a zoning ordinance amendment.
• The site plan includes 219 surface parking spaces plus 100 spaces deeded in the train station parking garage under an agreement with RIDOT.
• The applicant requested a 2.5-foot height variance because the buildings are designed at 52.5 feet versus the 50-foot limit. The applicant testified this results from finished grade being about four feet above existing grade and a parapet intended to screen roof mechanicals; one common-area compressor may remain below the parapet.
• Wright-Pierce peer-reviewed the nitrogen loading analysis. The town ordinance requires a nitrate concentration below 5 milligrams per liter. Peer review concurred the project remains under 5 mg/L even using higher inputs of 15 mg/L, but exceeds it at 20 mg/L effluent concentration, which is twice the assumed DEM rate.
• The existing wastewater treatment system currently serves about 6,000 gallons per day, has an original permit of 10,000 gallons per day, and the applicant is seeking RIDEM approval to increase capacity to about 28,000 gallons per day. Staff and peer review noted total projected flows of 42,800 gallons per day exceed the facility’s approved capacity, and the applicant has requested RIDEM allow lower design flows.
• The applicant presented evidence of improvements to the aging system, including clearing vegetation, repairing manholes, upgrading controls to digital monitoring, and hiring Fernco Services as the current operator. Quarterly monitoring reports are submitted to RIDEM annually, and the applicant agreed to provide those reports to the town.
• Applicant’s attorney explained the site is one of seven land condominiums at Wickford Junction and that the condominium association owns and operates the shared septic system. He argued DEM has sole permitting and enforcement jurisdiction over the system, while the town’s five mg/L standard is a separate local requirement the applicant must prove.
• Public comment:
  • Jan McAleer of 830 Ten Rod Road expressed concern about the project size, groundwater sensitivity, septic capacity, stormwater, and climate resilience, and suggested three buildings instead of four.
  • Ricky Thompson of 194 Plain Road asked about roof compressors, parking garage monitoring, and reported that a DEM sanitation engineer told him the existing septic system could not handle 152 apartments on top of current users. He said he was not against development but opposed potentially polluting groundwater.
  • Richard Welch of 8 Arrow Lane expressed support, calling it an ideal site, noting no trees would be removed, supporting transit-oriented development, and noting that Well 6 has been permanently removed from service due to PFAS. He also asked about the town’s affordable housing percentage; staff estimated it is approximately 8.7%, below the 10% threshold that would trigger inclusionary requirements.
• Commission discussion focused on the legal authority over the septic system, the difficulty of placing liability on one fractional owner, and the need to ensure the system can meet the town’s five mg/L standard. The commission also discussed whether the development would constrain future changes by other parcels in the plaza.
• The commission voted 5-0 to approve the requested zoning variance, conditioned on final approval of the major land development preliminary plan. The commission also expressed positive consensus on the preliminary plan and voted to continue the formal decision to February 18, 2025.

Public Hearing: McDonald’s at 6975 Post Road (Items 3E/3F)

• Genesis Partners Kingstown, LLC proposes a 3,690-square-foot McDonald’s restaurant with a drive-thru at 6975 Post Road, Assessor’s Plat 147, Lot 005, zoned Post Road. The commission heard the zoning variances, special use permit, and combined preliminary/final plan applications together under unified development review.
• The site was formerly a car dealership and is mostly paved. The redevelopment would significantly decrease impervious surface. A small portion of the site is in the flood A zone, with no building proposed there; the applicant is voluntarily building to base flood standards. A 60-foot utility easement constrains front-yard landscaping.
• The project would use public water and needs a sewer extension, which has been approved. The applicant is completing a sewer agreement with the town. RIDEM has approved drainage, stormwater, freshwater wetland, and construction general permit applications.
• The applicant requested six variances related to drive-thru menu boards, street trees, internal landscaping, and driveway slopes, plus a special use permit for the drive-thru and a waiver from the dumpster enclosure landscaping requirement.
• Commission members raised a significant concern that the submitted 11-car stacking exhibit showed vehicles spilling into the travel lane and blocking access. Staff noted RIDOT says the plan meets its stacking guidelines, but the town’s ordinance requires stacking from the drive-thru window rather than from the menu board, and the commission must find safe onsite circulation.
• The applicant’s traffic engineer said the 11-car graphic was a conservative representation required by RIDOT and that McDonald’s dual order points, three pickup windows, and pull-forward spaces make long queues unlikely. She said the plan could be revised to show stacking along an eastern portion of the site without blocking travel lanes.
• Commission members also asked the applicant to study whether headlights from cars on the drive-thru slope would shine toward nearby residences despite proposed 18-to-24-inch rhododendrons. The applicant agreed to review that issue.
• Public comment:
  • Dennis Perolo, who owns property across the street, expressed concerns about floodwater runoff, the 16-inch culvert installed by RIDOT through his property, and the lack of sewers in the area.
  • Teresa Chung of 20 Saw Mill Drive and Marcy Sullivan of Sawmill Drive raised concerns about existing Dunkin’ Donuts stacking, traffic data dated May 2023 before the addition of nearby apartments, crash data gaps, school bus stops, emergency access, idling, and the width of Namcook Road. They also asked whether the site was ever a Superfund site; staff said they had no such information.
  • A resident stated the McDonald’s would be open 24 hours, seven days a week, with 38 parking spaces and 37 seats. Staff and the commission noted the town council, not the Planning Commission, has authority over hours of operation.
• The commission voted to continue the McDonald’s application to February 18, 2025, so the applicant could revise the stacking exhibit, verify compliance with the town’s stacking ordinance, and address headlight screening concerns.

Key Outcomes

• Approved the Weeden Farm bond reduction, 5-0.
• Approved the Caffe’ Milano development plan review waiver, 5-0.
• Approved the Wickford Junction Apartments zoning variance, 5-0, and continued the preliminary plan decision to February 18, 2025, with a positive consensus for staff to finalize.
• Continued the McDonald’s application to February 18, 2025, with no vote on the requested variances, special use permit, waiver, or preliminary/final plan pending revised information.
• The commission extended the meeting by 30 minutes to complete the agenda. The administrative actions report had no items, and no minutes were approved.