North Kingstown Planning Commission Meeting: Sanctuary Estates and Huckleberry Road Lot – May 6, 2025
North Kingstown Planning Commission Meeting – May 6, 2025
On May 6, 2025, the North Kingstown Planning Commission met at North Kingstown Town Hall for a 5:00 p.m. work session and a 7:00 p.m. regular meeting. The published work session agenda covered zoning and subdivision/land development regulation amendments and Comprehensive Plan implementation reporting. The regular meeting focused on the Sanctuary Estates roadway bond reduction and the Huckleberry Road Lot unified development review public hearing, and ended with approval of the April 15, 2025 minutes.
Sanctuary Estates – Carrs Lane Bond Reduction Discussion
- Project engineer Eric Prevy of DePrete Engineering stated that the Cars Lane pervious-pavement roadway is fully installed, is a private road governed by recorded HOA documents, and is not a town-maintained road. The applicant sought to move from the current 75% bond retention to a 90% release (10% retention) and begin the one-year maintenance period.
- Town Engineer and Deputy Director of Public Works Allie Sparks explained that the town’s main concern is sedimentation from nearby construction clogging the pervious pavement, which functions as the roadway’s stormwater system. She recommended requiring a contract for quarterly vacuuming/inspection and a recent inspection report before reducing the roadway bond item to 90%, plus evidence of seed growth and shoulder stabilization before reducing that item to 90%.
- The commission did not take a formal vote. Staff was directed to prepare a formal memo documenting the conditions needed to reach the 90% release threshold.
Unified Development Review – Huckleberry Road Lot
- RHC Properties LLC requested unified development review of zoning dimensional variances and a preliminary plan for a 2-lot minor subdivision at 620 Dry Bridge Road, Assessor’s Plat 079 Lot 037, zoned Village Residential (VR). The existing two-family dwelling counts as two deed-restricted low/moderate-income units toward the Sanctuary Estates affordable housing obligation; the proposal would create a third, an owner-occupied three-bedroom moderate-income home on a new lot.
- Dimensional variances requested included:
- Lot area for the existing two-family lot: reduction from the required 40,000 sq ft. Staff cited the remaining lot at about 29,000 sq ft, while the applicant’s presentation said 25,950 sq ft; the discrepancy was not reconciled on the record.
- Lot area for the proposed single-family lot: 14,061 sq ft proposed versus 20,000 sq ft required.
- Lot frontage: 87.3 ft proposed versus 140 ft required.
- Lot width: 89.19 ft proposed versus 140 ft required.
- Planning staff noted the site has no flood zone, wetlands, or groundwater issues; town water is available; and an approved on-site wastewater treatment system design exists. The town engineer recommended the project meet the 25-year storm event rather than the 100-year storm event.
- The applicant and attorney John Kupka argued the proposal fits the neighborhood context and provides needed affordable ownership housing. Attorney Kupka cited a projected sale price of roughly $380,000–$400,000 and state/HUD income guidelines of about $96,000 for one person, $110,000 for two people, and $123,000 for three people.
- Commission discussion included concerns that the hardship was self-created and that the relief may not meet the zoning variance criteria. Other members noted that the applicant could pursue by-right ADUs or a comprehensive permit producing more units, making this proposal a way to reduce potential intensity. The applicant volunteered to accept deed restrictions waiving future ADUs and further subdivision on both lots and to consider an administrative landscape buffer.
Public Comments & Testimony
- Glenn Ferguson, abutting lot 36, said he is directly impacted and was concerned about the 87.3-ft lot frontage versus the 140-ft requirement, septic system proximity, and increased development behind his property.
- Bob Phaneuf, lot 107, opposed the proposal, citing concerns about precedent for backyard subdivisions, loss of trees and quiet character, and soggy/drainage conditions near the property.
- David Remington, 84 Huckleberry Road, opposed the proposal as a bad precedent and a threat to the area’s open space and association common land.
- Lucy Poolin, property directly behind the site, opposed the proposal, citing loss of privacy, more traffic, impacts on her kids and animals, common-area insurance concerns, and the possibility of more backyard homes.
- Gary Smith, Dry Bridge Road, opposed the subdivision, saying it could create a snowball effect where many duplexes and corner lots split off backyard lots.
- Susan Woodard, 89 Huckleberry, asked whether the lot was chosen because the driveway would be on Huckleberry Road and raised concerns about common-area insurance, use, and future development.
- Richard Welch said state laws constrain the commission and that following the law protects the town from litigation and legal costs.
- John Jackman, 113 Huckleberry Road, opposed the proposal, saying he moved to North Kingstown for open space and that Huckleberry Road already preserves open space through its cluster development.
Key Outcomes
- Sanctuary Estates: No formal vote; the town engineer will issue a memo identifying steps to reach the 90% release: vacuuming contract, inspection report, and seed growth/stabilization.
- Huckleberry Road Lot:
- Zoning relief: 4-2 consensus to grant the variances. Margaret Kerr and Patrick Roach recorded contrary findings, stating the hardship criterion was not met.
- Inclusionary/off-site affordable housing findings: unanimous agreement.
- Preliminary plan: 6-0 consensus to approve with conditions, including 25-year stormwater calculations, LMI deed restrictions and monitoring agent, deed restrictions waiving ADUs and further subdivision on both lots, and an administratively approved landscape buffer.
- The formal decision and vote were continued to June 3, 2025.
- Minutes: The April 15, 2025 meeting minutes were approved with amendments noted by commissioners.
Meeting Transcript
Back into work on our regular meeting. First item we have on the agenda is item 3A, which is a discussion, a cost estimate, Sanctuary Estates Cars Lane. Sorry. And uh Nicole, if you want to bring us through this first. So this is a request of the project engineer. I'd like him to speak first, and then I think Ali is prepared. Okay. Good evening for the record. Eric Prevy, P R I V as and Victor E. I'm a registered professional engineer with Depreet Engineering Offices at two Stafford Court and Cranston, Rhode Island. We wanted to meet tonight because uh the last time we had we got together, we had requested a bond reduction. We call it a bond reduction, but it was never officially set. It was just a plan and commission reduction. Um one of the items was the the previous pavement. Um the suggestion with the reduction was that still 75% was retained for the pervious pavement on cars lane side. So I'm talking about just the cars lane side, not the sanctuary lane side. So they have two separate bonds. And we're trying to understand and get at least an some sort of an understanding of when we can get to the stage where we can get it to the 90%, because it did is fully installed today. It is in, it has additional measures. We had put it together a comprehensive uh January 30th memo prior to one of the hearings as well, talking about all the measures that had been done. Examples are putting additional erosion controls and wattles around the back side uh to be installed in the entire length of the roadway along the back of the berm, um, site plans that would need to be produced for each individual home as they come in uh with the erosion controls on the street. Um then also more importantly, actually the the most important is the the HOA, the homeowners association documents. It is a private road. It will never be a public road. It is not a it's nothing from the town's responsibility or uh liability that they would be concerned on. Um and the HOA documents are very uh clear in whose responsibilities and who needs to maintain along during construction. And what we're trying to just understand is when do we get to the point when we can be at that 90 percent and start the one year maintenance period? That's what we're trying to understand. Right now I don't have a basis of knowing when that starts. Um I know there was some concerns because it's pervious pavement, there's ongoing construction. And uh I believe my understanding, and and she can clarify but the town engineer's concern is that during construction, some of the debris on the individual lots may be getting on to the previous pavement, and concerns about the functionality of the pavement itself. Um at the same point, I'm trying we're trying to understand in general. Do all of the lots need to be built before we can start the one year? Um that doesn't seem in we're trying to understand what threshold we need to be at because it is fully installed. Everything's in today. Um, and that's what we're looking for, some clarity on on tonight as well. When when can we start that time? And I had put together the sections. I don't know how detailed you want to get on it, but there were sections within the the HOA like the homeowners association documents, because some of the the um the statements in that were for um the during operations and maintenance afterwards. Two different things here. We're talking about during construction while things are ongoing, and then afterwards when everything's fully done, there's a ongoing operations and maintenance that needs to be done quarterly vacuuming and things like that. But construction is completely different. It needs to be more intensive. It's not just quarterly that you're looking at this road and making sure that it that it is. So we had provided or I brought with me as well just sections that are highlighted in the homeowners uh association declarations that have been recorded. So cars lane has been recorded. The bond has been set for cars lane. These HOA documents have been recorded. So they're all uh working today. So not gonna go through all of them.
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