OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

North Kingstown Planning Commission Regular Meeting – April 15, 2025

Planning CommissionTuesday, April 15, 2025
BodyNorth Kingstown, Rhode Island
SessionPlanning Commission
DateTuesday, April 15, 2025
StatusFILED
Video Record
0:00 / 54:50

Transcript — Verbatim
0:00

Planning Commission meeting which began at five.

0:02

We're going to call the meeting back to order to continue with the work of the evening.

0:08

The next item on the agenda item 3A is the development plan review application of MPT Real Estate LLC, care of Matthew Thibodeau for a 3,606 square foot agricultural building located for Lucky Foot Ranch 1337 Gilbert Stewart Road, Cessus Flat 36 Lot 1, located in the rural residential zoning district, groundwater recharge area and scenic overlay district.

0:37

I know the applicants.

0:40

Engineer knows the process, so staff will walk us through first after questions.

0:45

You'll have the ability to present and we may have some more questions for you after that.

0:51

Okay.

0:52

So again, um Jim mentioned this property which is on Gilbert Stewart Road is in our groundwater recharge area, and it's also in our scenic overlay district.

1:02

So because of that, it is before you for development plan review approval.

1:06

It is a relatively um small application.

1:09

They're proposing about a 3,600 square foot ag building.

1:13

Um they were lucky lucky to get a produce washing machine, I think, from NRCS.

1:18

So they're looking to put that inside this building and then use the building for storage.

1:23

Um the original application did have that they were going to do some sort of like retail component in this building, but that is not the case.

1:30

I think the engineer was under the assumption that's what it was for, but it's actually just for storage in the produce washing station.

1:36

Um so that's going to be inside the building.

1:39

Um there is an existing curb cut off Gilbert Stewart Road, and I did send you some correspondence.

1:45

I think it was yesterday or today.

1:46

I've lost track of time.

1:48

Um that the fire marshal did take a rig, you know, out there to see if what the access would be like, and they do have to make some changes to the entry because they couldn't get the um vehicle in and out, so they are going to have to widen it, and I think there's a little bit of a grade issue.

2:02

So I did um alter one of the conditions on the cheat sheet.

2:07

I'm not sure if Nicole handed it around yet, but um, because one of them was work with the fire marshal to figure it out, but he's already been out there, so um, I did um suggest a condition that they actually make those changes that they need to to satisfy the fire marshal.

2:23

Um they're not seeking any waivers um or relief from the zoning ordinance.

2:28

Um I'm not sure if anybody rode by, but again, it's an existing ranch.

2:31

There's some crop crop areas, some existing greenhouses, a little farm stand, a parking area.

2:36

That's all gonna remain um relatively similar to what it is now.

2:40

I think a couple of the greenhouses will um be demolished, and then this building will um replace some of that impervious surface um that was there with the greenhouses.

2:50

It's no flood zone, there's no wetlands, not in any coastal areas.

2:53

Um they're not intending to add in the employees due to um this proposed building, so they're gonna continue to use a little gravel parking area that is there now.

3:03

They're not suggesting or proposing any improvements to that parking area.

3:06

It's gonna remain kind of as it's being used now.

3:10

Um you if you did drive by, you might have noticed there is some pretty nice vegetation along Gilbert Stewart Road.

3:18

Um, they are showing it on the site plan that it is um portion, you know, portions on their property as well as um within the right-of-way.

3:25

There is a requirement in the ordinance that there's a 10-foot strip around the perimeter of the property.

3:31

But we have a newly discovered section of the ordinance, which honestly we were not familiar with before, where an existing use um is exempt from having having to meet the landscaping requirements if it's less than 25% increase in the use of the property.

3:44

So I did my best interpretation of what that would be.

3:48

I kind of put a square around all the improvements on the property and estimated a square footage of what the improvements are now, which is about an acre.

3:55

So then they could go up to 0.25 acres with additional um improvement without having to meet the current code.

4:02

But I I actually do believe that with that strip in the front, there they have sufficient landscaping along Gilbert Stewart Road to meet it anyway.

4:10

So they kind of have double um meeting that in two ways.

4:14

Um let's see, they are proposing a little bit of the stormwater VMPs around the building with a trench, and then also um they do have a rain garden for their washwater.

4:25

I did include in your packet that DEM and the applicant actually provided this with us.

4:29

The DEM has some um protocols and standards that they use for produce washing stations, and the applicant included those um kind of protocols on the site plan, and they're um meeting those standards, and as such, if they meet those standards, they don't even need permitting for the washwater, you know, the produce washing station from DEM.

4:48

But um again, they are suggesting and and proposing a rain garden anyway to accommodate the um washwater that is coming out.

4:56

They submitted the materials safety.

5:03

Alan I spoke to him briefly today.

5:06

He didn't see any um real issues with what he reviewed.

5:09

He's gonna you know let me know for sure, but he he didn't give me anything in writing before I left today.

5:14

But those have already been submitted to the water department.

5:17

Right now we're using portable toilets.

5:20

There's no septic system or on-site wastewater treatment system on the property at all.

5:24

Um they are going to be plumbing the building to prep it in the future.

5:27

If they do want to have a bathroom at some point, they're not proposing a bathroom right now.

5:31

Um I suggested a condition toward the end, you know, in the in the condition section that um, you know, if they do want to put a bathroom in the in the future, they do need to apply for plumbing permits, and it could be possible that um it might need nitrate loading at that time once the system is in place because it is in the groundwater, but that would be more the discretion of the town engineer and in the water department at that time.

5:54

And let me just make sure I didn't forget anything else.

5:58

There might have some wall pack lighting on the building for security.

6:02

Um again, there's a notation for being dark sky compliant.

6:06

And um the town engineer did suggest annual inspection reports for the infiltration trench and the rain garden be submitted to the town annually, which is a pretty typical requirement from um the town engineer.

6:19

That's all I have.

6:22

Any questions for staff?

Discussion Breakdown — Share of Meeting
Zoning Ordinance███████████████████████23%
Engineering And Infrastructure██████████████████18%
Land Use Planning█████████████13%
Community Engagement████████████12%
Water And Wastewater Management██████████10%
Procedural███████7%
Transportation Safety█████5%
Public Safety████4%
Affordable Housing███3%
Summary of Proceedings

North Kingstown Planning Commission Regular Meeting – April 15, 2025

The Planning Commission held a regular meeting on April 15, 2025, at 7:00 PM in Town Hall. The commission reviewed a development plan for an agricultural building at Lucky Foot Ranch, held a pre-application discussion for a 96-unit residential project on Post Road, and certified that two Community Development Block Grant (CDBG) applications do not conflict with the town's Comprehensive Plan. All items received positive or unanimous support.

Lucky Foot Ranch – Development Plan Review

  • Applicant: MPT Real Estate LLC / Matt Fitzpatrick, represented by engineer Jeff Hansen of Millstone.
  • Proposal: A 3,606-square-foot agricultural building for storage and a produce washing station at 1337 Gilbert Stuart Road (Rural Residential, Groundwater Recharge Area, Scenic Overlay District). No retail component; no new employees; no bathroom initially.
  • Staff Highlights (Becky): The building replaces old greenhouses; fire marshal already inspected and required changes to the entrance (widen and regrade); existing vegetation along Gilbert Stuart Road satisfies landscaping requirements under a newly discovered exemption; stormwater infiltration trench and rain garden for washwater meeting RIDEM BMPs; no variances requested.
  • Commission Questions: Member noted the front setback is 35 feet required, building proposed at 36 feet – requested an as-built survey or plot plan for the slab to confirm compliance.
  • Public Comment: None.
  • Findings & Conditions: Commissioner Grundy read through positive findings under development plan review, groundwater recharge, and scenic overlay criteria. Amended conditions included: no retail without further review, fire marshal coordination for access, submission of SDS sheets for chemicals, annual inspection reports for stormwater features, dark-sky compliant lighting, and as-built showing slab distance to property line.
  • Vote: Motion to approve passed 6-0.

Moran Properties – Pre-Application for Post Road Apartments

  • Applicant: Peter Rugiero (attorney), Steve Moran, Jeff Hansen. Project for 96 units on five lots at 7565–7659 Post Road (Post Road District).
  • Proposal: Three 28-unit apartment buildings, two 6-unit townhouse buildings, and eight 6-bay detached garages; 20 affordable units (20% LMI); 9.6 units/acre; two access points – existing signalized entrance (Newport Creamery plaza) via easement and new northern entrance near bowling alley.
  • Zoning Relief Sought: Waiver for building setback within 200 feet of Post Road (allowed by Planning Commission) and a variance for one building at 160 feet (requires Zoning Board), to be handled under Unified Development Review.
  • Staff Comments (Becky): No wetlands/flood zones; two of the five lots vacant, one has bowling alley (will remain for ~5 years), one commercial plaza. Need traffic impact study, physical alteration permit, water/sewer capacity analysis. Town Engineer Ali flagged concerns about hammerhead turnaround and a sharp turn alignment.
  • Commission Discussion:
    • Sidewalks: Encouraged internal sidewalks and connection to future state sidewalk project on Post Road. Chair suggested sidewalk along southern entrance, but that may cross other private property. Applicant confirmed internal sidewalks will be included.
    • Setbacks: Commissioner recommended reducing parking to move the closest building back from 160 ft to 200 ft, possibly avoiding a variance. Applicant agreed to review.
    • Stormwater buffering: Commissioner requested landscaping near retention ponds along Post Road.
    • Bus shelter: Questions about school bus stops; staff to coordinate with school department and RIDOT sidewalk plans.
  • Public Comment: Dick Welch (8 Arrow Lane) expressed strong support, thanking developer for redeveloping underutilized property, noted tax benefits, and urged quicker timeline. He asked about state 10% affordable housing threshold; staff clarified the 20% inclusionary requirement is separate and not tied to that threshold.
  • Outcome: Pre-application no action required; commission expressed positive consensus.

Community Development Block Grant (CDBG) Program Years 2023 & 2024

  • Item: Certification that proposed activities (service projects, not development) are not in conflict with North Kingstown Comprehensive Plan or local development regulations.
  • Staff Presentation (Becky): Two sub-recipient applications; staff suggested consistency elements from the comp plan. Commissioner Roach questioned whether the second project truly matched element two; staff clarified the question is only whether it is in conflict, not whether it is consistent.
  • Discussion: Commissioner Lipsitz expressed frustration with the rubber-stamp nature of the process, but acknowledged no conflict. Motion: "That no one at the table could currently come up with an inconsistency with either of these two items." Seconded and passed unanimously (no opposed, no abstentions).

Administrative Actions & Minutes

  • Staff Report: Final approvals signed for Post Road Apartments (recorded) and Sanctuary Road subdivision (recorded).
  • Minutes from April 1, 2025: Moved to approve; seconded; Commissioner Borowick abstained (not present at that meeting). Motion passed 5-0-1.

Adjournment

  • Motion to adjourn, seconded, all in favor.

Meeting Transcript

Planning Commission meeting which began at five. We're going to call the meeting back to order to continue with the work of the evening. The next item on the agenda item 3A is the development plan review application of MPT Real Estate LLC, care of Matthew Thibodeau for a 3,606 square foot agricultural building located for Lucky Foot Ranch 1337 Gilbert Stewart Road, Cessus Flat 36 Lot 1, located in the rural residential zoning district, groundwater recharge area and scenic overlay district. I know the applicants. Engineer knows the process, so staff will walk us through first after questions. You'll have the ability to present and we may have some more questions for you after that. Okay. So again, um Jim mentioned this property which is on Gilbert Stewart Road is in our groundwater recharge area, and it's also in our scenic overlay district. So because of that, it is before you for development plan review approval. It is a relatively um small application. They're proposing about a 3,600 square foot ag building. Um they were lucky lucky to get a produce washing machine, I think, from NRCS. So they're looking to put that inside this building and then use the building for storage. Um the original application did have that they were going to do some sort of like retail component in this building, but that is not the case. I think the engineer was under the assumption that's what it was for, but it's actually just for storage in the produce washing station. Um so that's going to be inside the building. Um there is an existing curb cut off Gilbert Stewart Road, and I did send you some correspondence. I think it was yesterday or today. I've lost track of time. Um that the fire marshal did take a rig, you know, out there to see if what the access would be like, and they do have to make some changes to the entry because they couldn't get the um vehicle in and out, so they are going to have to widen it, and I think there's a little bit of a grade issue. So I did um alter one of the conditions on the cheat sheet. I'm not sure if Nicole handed it around yet, but um, because one of them was work with the fire marshal to figure it out, but he's already been out there, so um, I did um suggest a condition that they actually make those changes that they need to to satisfy the fire marshal. Um they're not seeking any waivers um or relief from the zoning ordinance. Um I'm not sure if anybody rode by, but again, it's an existing ranch. There's some crop crop areas, some existing greenhouses, a little farm stand, a parking area. That's all gonna remain um relatively similar to what it is now. I think a couple of the greenhouses will um be demolished, and then this building will um replace some of that impervious surface um that was there with the greenhouses. It's no flood zone, there's no wetlands, not in any coastal areas. Um they're not intending to add in the employees due to um this proposed building, so they're gonna continue to use a little gravel parking area that is there now. They're not suggesting or proposing any improvements to that parking area. It's gonna remain kind of as it's being used now. Um you if you did drive by, you might have noticed there is some pretty nice vegetation along Gilbert Stewart Road. Um, they are showing it on the site plan that it is um portion, you know, portions on their property as well as um within the right-of-way. There is a requirement in the ordinance that there's a 10-foot strip around the perimeter of the property. But we have a newly discovered section of the ordinance, which honestly we were not familiar with before, where an existing use um is exempt from having having to meet the landscaping requirements if it's less than 25% increase in the use of the property. So I did my best interpretation of what that would be. I kind of put a square around all the improvements on the property and estimated a square footage of what the improvements are now, which is about an acre. So then they could go up to 0.25 acres with additional um improvement without having to meet the current code. But I I actually do believe that with that strip in the front, there they have sufficient landscaping along Gilbert Stewart Road to meet it anyway. So they kind of have double um meeting that in two ways. Um let's see, they are proposing a little bit of the stormwater VMPs around the building with a trench, and then also um they do have a rain garden for their washwater. I did include in your packet that DEM and the applicant actually provided this with us. The DEM has some um protocols and standards that they use for produce washing stations, and the applicant included those um kind of protocols on the site plan, and they're um meeting those standards, and as such, if they meet those standards, they don't even need permitting for the washwater, you know, the produce washing station from DEM. But um again, they are suggesting and and proposing a rain garden anyway to accommodate the um washwater that is coming out. They submitted the materials safety. Alan I spoke to him briefly today. He didn't see any um real issues with what he reviewed. He's gonna you know let me know for sure, but he he didn't give me anything in writing before I left today. But those have already been submitted to the water department. Right now we're using portable toilets.

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