NORTH KINGSTOWN PLANNING COMMISSION. December 6, 2011

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1 Town of North Kingstown, Rhode Island 80 Boston Neck Road North Kingstown, RI Phone: (401) Fax: (401) Web: NORTH KINGSTOWN PLANNING COMMISSION December 6, 2011 The North Kingstown Planning Commission convened at the Town Hall Conference Room, 80 Boston Neck Rd., North Kingstown at 7:30PM The following members were present: Gardner Palmer, Chairperson Harriet Powell James Grundy Paul Dion Michael Annarummo Jeffrey Michaelson Also in attendance were Town Solicitor Robert Donnelly, Director of Planning Jon Reiner and Principal Planner Nicole Bourassa. Mr. Chip Palmer opened the meeting at 7:30 Construction Cost Estimate; Hamilton Farm The applicants for the Hamilton Farm subdivision want to move forward and apply for final approval; as part of that process they presented a cost of construction estimate for the Commission s comments. Mr. James Grundy questioned the lack of quantity on item #16 on page 2, 1-1/2 Type I-1 Bit. Surface Course. Mr. Grundy suggested that because item #12 for Bit. Binder Course, is similar and has a cost amount of $9,906.00, perhaps the Commission would approve a cost estimate that adds an additional $9, as the cost of item #16. The Highway total estimate would increase to $149,217.64; and the total construction cost estimate to $229, Mr. Grundy moved to make the increase change and accept the Subdivision Construction Estimate for Hamilton Farm. Mr. Paul Dion seconded. All voted aye. The estimate is approved.

2 Master Plan Public Informational Hearing of Richard Schartner for Slocum Farm Agricultural and Residential Village, a proposed 21-unit major conservation subdivision and mixed use land development located at Exeter Road/Dry Bridge Road being Assessor s Plat 78 Lots 1, 45, and 47 in a Rural Residential (RR) and Groundwater One Overlay (GW1) zone. Ms. Harriet Powell wanted it put on the record that she had spoken with Mr. Schartner earlier in the day and he had expressed the opinion that the town s regulations are too binding and are stifling innovative development; he wanted that opinion stated at the meeting and put into record. Ms. Nicole Bourassa gave an overview of the proposed project. The application had been through the pre-application stage in July, 2011 and a site visit had been done in August Right now, the property is used for farming operations and includes a gravel operation. The property is within the water service area. The property is located in groundwater one overlay district (GW1). Phase I of the project would include an 8 lot, 9 unit conservation subdivision (one of the lots would include a duplex). One of the units will be affordable. These lots would have access through a shared driveway. Approximately 73% of the property is proposed to be open space. The staff recommends that all units use d-nite septic systems. Ms. Bourassa commented that if the open space is to be farmed, the staff would prefer that it be owned by one owner rather than a combination of owners through a homeowner s association. Two retention ponds will be constructed to collect runoff. Phase II would consist of the piece of the property that right now contains all the existing structures. There is an existing 3 bedroom home that will be utilized. An existing farm building will be converted into 4 1-bedroom apartments, 4 2-bedroom apartments and open space. There is an existing 20 man barracks that will be converted into 2 1- bedroom apartments, 1 2-bedroom apartment and continued commercial use on the first floor. One other farm building will be used for commercial agricultural purposes. The greenhouses will be re-furbished. The parcel had received relief from the Zoning Board of Review in 1968 to construct housing for immigrant workers. The town solicitor has indicated that more relief will be needed by the Zoning Board of Review because of the intensification of the conversion. Nicole concluded by stating some issues the staff has with the project. One is the environmental assessment, because arsenic traces have been found on the property in the past. Another issue is water quality because the site has been used for gravel extraction and the dumping of stone waste. Mr. Jack Revens, attorney for the applicant introduced Mr. Robert Hoffman, an environmental engineer, who has done a study of the soils and dumped granite on the property. The soils contained a mixture of granite, lime and polishing compound. At the time of the original testing (1980 s-1990 s) the RI DEM standard for arsenic was 1.7 milligrams per kilogram; the standard now is 7.0 milligrams per kilogram, therefore, the arsenic levels are well below today s standards and the applicant would like to use the dumped granite crush it and use it on driveways.

3 Mr. Hoffman discussed the science used in the testing. A beneficial use determination, will have to take place, which will take between 3 or 4 months. If the project gets the go ahead, the applicant will proceed with getting RI DEM approval to use the existing dumped material for construction purposes. The Commission has no objection to the applicant moving in that direction. Mr. Revens introduced Mr. David Gardner, engineer for the project. Mr. Revens told the Commission that as they had seen the plans and visited the site, the big question was bedroom count. Mr. Revens stated the argument for the requested number of bedrooms. Mr. Palmer asked Mr. Revens if the applicant would be willing to have a nitrate loading analysis done and whether he would consider using D-nite septic systems. Mr. Revens answered that the applicant would be willing to install D-nite systems at Phase II of the project (the re-use of the existing buildings), but would use conventional systems on the house lots proposed for Phase I. He also said the applicant would be willing to have a nitrate loading analysis done. Mr. Gardner told the Commission about the challenges with the property and the project. There are some drainage issues; the applicant is proposing the installation of two manmade ponds to handle and re-use the runoff. The traffic will be helped by the installation of shared one-way driveway. The driveway will be 16. A fire truck will have the ability to use fire hydrants located on Dry Bridge Rd. and would not need to negotiate the shared driveway. Ms. Bourassa said that the fire department will have final determination on fire hydrant use. Mr. Revens said that more thorough engineering will be done before the application comes for final approval. Discussion was held on how the proposed open space would be used with regard to the yield plan; it was determined that different calculation formulas would have to be presented if the Phase II part of the project was going to use the open space in yield determination as well. Mr. Palmer pointed out that protection of the groundwater was the main concern when it comes to the yield plan. The town solicitor has determined that the grandathered number of beds (20) would be defined as 10 bedrooms (according to RI DEM regulation definitions). The Commission discussed the amount of flexibility that may have to be used in relation to density with this project. Mr. Reiner told the Commission to remember that the applicant has agreed to put in D-nite systems for Phase II and a deed restriction could be placed on the residences that no increase in bedrooms can happen. Mr. Gardner went on with the plan presentation. He explained Phase II of the project. The existing three bedroom house will remain. The existing barracks would be made into apartments. The large farm building will be converted into a combination of apartments and office space. The existing farm building located behind the large building will be used for farm product manufacturing. The existing greenhouses will be re-vamped. Mr. Palmer asked the public if they had any comment or questions. Ms. Linda Cole told the Commission that she owns property at the rear of the applicant s property which is zoned industrial. She wants to know setbacks and buffering requirements that will be used with this project and what implications she may have if she wanted to develop on her land. She is told that the proposed project needs 25 setbacks. If she wanted to build a commercial building on her property, she would need a

4 200 setback. Both the conservation development and the industrial zoning require buffering. The town solicitor said it may be a good idea to include in the deeds of the proposed residences that there is a Light Industrial zone to the rear that could be developed at some point in the future. Ms. Linda Tucker told the Commission that water accumulates on Dry Bridge Rd. at the proposed project property. The applicant explained his plans to make a waterfall on the property which would take the water from the road. Mr. Grundy said that the installation of a high speed drain grate would solve this problem. Mr. Palmer called for a motion to close the public portion of the meeting. Mr. Grundy moved. Ms. Powell seconded. All voted aye. The public meeting was closed. Mr. Palmer called for a motion to approve the Master Plan for Slocum Farm which includes the conditions listed with the recommendation to the Zoning Board of Review and the positive findings #1-6 listed on page(s) 5&6 of the staff report. Ms. Powell moved. Mr. Michaelson seconded. Ms. Powell, Mr. Palmer, Mr. Grundy, Mr. Michaelson and Mr. Annarummo voted aye. Mr. Dion voted nay. The motion carried 5-1. Recommendation to Zoning Board of Review for Slocum Farm Agricultural and Residential Village for dimensional relief regarding 20 man barracks Mr. Palmer said that this item was discussed as a part of item #2. The dimensional relief being sought is to increase the number of bedrooms from 10 bedrooms to 16 bedrooms for Phase II of the Slocum Farm project. Mr. Palmer listed the conditions that would be placed on the positive recommendation: - A deed restriction would be placed on all proposed residences stating that there could be no increases in bedroom numbers - The commercial components of the projects had to be tied to agricultural use on site - A nitrate loading analysis and well testing had to be completed - D-nite systems would be utilized on the front portion of the property - Deed restriction or notice on legal documents that the property to the north is zoned industrial - Water model approval is granted by the Town Council - A check on the well easements - The (8) conditions listed on page #6 of the staff comments, excluding #5. Mr. Palmer asked for a motion for a positive recommendation on the dimensional relief to the Zoning Board of Review requested subject to the above conditions. Ms. Powell moved. Mr. Grundy seconded. Ms. Powell, Mr. Palmer, Mr. Grundy, Mr. Michaelson and Mr. Annarummo voted aye. Mr. Dion voted nay. The motion carried 5-1. Master Plan: TDR Sending Area Landing Development of Schartner Nursery Plat, being Assessor s Plat 102 Lot 11 located on South County Trail and Ten Rod Road in a General Business (GB) zone (continued from 3/30/11, 7/19/11, 9/20/11 and 11/1/11 and will be continued to a date certain)

5 Mr. Palmer called for a motion to continue this agenda item until the February 17, Ms. Powell moved. Mr. Dion seconded. The application is continued. Development Plan Review of Pawtucket Credit Union for 221 Tower Hill Road also known as Assessor s Plat 116 Lots 93 and 94 located in a General Business (GB) zone for demolition of existing structure and construction of a 2,500 sq. ft. commercial building with drive through Mr. Michaelson wanted it noted that his landlord is the lawyer representing the sellers for this project. He said that this will not in any way interfere with his deciding on this matter and he has filled out appropriate paperwork with the state s ethic commission. Mr. Reiner gave a summary of the project. The applicant wants to demolish the existing building and build a 2500 sq. ft. building that would include a bank with a drive-through. Relief will be needed from the Zoning Board of Review from parking, loading and landscaping regulations. A special use permit will be needed for the drive through. Ms. Gina DiCenzo, an abutter to the property came forward and told the Commission she was for this project moving forward. The long vacant building is an eyesore and a danger to her neighborhood. She said that a bank would be a good fit for the area. The Commission had some questions on concerning traffic and parking. Mr. Ed Pimental, representative for the applicant, gave some reasons for the request for more parking. One reason was the size of the Pawtucket Credit Union s membership they are the largest credit union in R.I.; another was that other Pawtucket Credit Union s other branches have 30 or more parking spaces. Mr. Pimental told the Commission that the square footage of impervious surface would be less than what exists on the property now. The applicant is willing to look into shadow parking. The Commission and the applicant held a brief discussion on landscaping and buffering. Because of the hour, Mr. Palmer called for a motion to continue this review until the January 17, 2012 Planning Commission meeting. Mr. Grundy moved. Ms Powell seconded. All voted aye. The application is continued Recommendation to Zoning Board of Review for 221 Tower Hill Road also known as Assessor s Plat 116 Lots 93 and 94 located in a General Business (GB) zone for dimensional relief and a special use permit Because of the hour, Mr. Palmer called for a motion to continue this recommendation discussion until January 17, Ms. Powell moved. Mr. Michaelson seconded. All voted aye. The matter is continued. Review and Recommendation to Town Council: Amendments to the North Kingstown Zoning Ordinance Section Building or structure nonconforming by dimension Because of the hour, this discussion is continued to a date uncertain.

6 Discussion: Zoning Ordinance Amendments Related to the Keeping of Animals Because of the hour, this discussion is continued to a date uncertain. Adjournment Mr. Palmer called for a motion to adjourn. Mr. Grundy moved. Mr. Michaelson seconded. All voted aye. The meeting is adjourned at 10:55PM. Beth Gagnon-Glasberg Recording Secretary

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