Town of North Kingstown Planning Commission James R. Grundy, Chairperson Paul L. Dion Robert B. Jackson Tracey McCue Patricia Nickles Patrick Roach, Vice Planning Commission Meeting Chairperson Tuesday, August 20, 2019 Municipal Offices Court Room 100 Fairway Dr. North Kingstown, RI 02852 7:30 Pm Agenda 1 Call to Order 2 Pursuant to RIGL 42-46-6(c), notice of this meeting has been posted on the Secretary of State's website 3 General Business 3.a Combined Master Plan/Preliminary Plan Public Hearing: Application of Daniel A. and Claudia DiSaia, 201 Essex Road, North Kingstown, RI 02852 for a proposed two-lot major subdivision located at 201 Essex Road and 12 Beverly Road, AP 158 Lot 11, zoned Neighborhood Residential (NR) DiSaia Master Prelim Staff Report 8 20.docx DiSaia ZBR decision.pdf DiSaia pc_minutes_020618.doc DiSaia pc_minutes_060518.docx DiSaia narrative.pdf 1 DOCKET OF THE PLANNING PAGE 2 August 20, 2019 COMMISSION DiSaia plan.pdf 3.b Combined Master Plan/Preliminary Plan Public Hearing: Application of the Town of North Kingstown for a two-lot major subdivision for Assessor’s Plat 117 Lot 211, also known as 55 Brown Street/municipal parking lot/Library Park located in a public (P) zone which will change to Wickford Village Center (WVC) once the subdivision is completed. The remaining land is proposed to be designated as AP 117 Lot 208 and will remain zoned Public (P). Annex staff report.pdf Annex purchase and sales agreement.pdf Annex plan.pdf 3.c Discussion: Amendments to Section 21-278 of the North Kingstown Zoning Ordinance related to Lighting Requirements Preliminary Interview Outline.pdf How is light trespass measured or calculated_ _ Light Pollution _ Lighting Answers _ NLPIP.pdf 16_MLO_FINAL_JUNE2011.PDF Sec._21_278.___Lighting_requirements.doc Boulder Lighting Guide.pdf City+of+Page+Lignting+Ordinance+copy.pdf Microsoft Word - MLO_S&LDOOpen_20180723.doc.pdf Microsoft Word - Dark Sky - Lighting Ordinance Kanab - Version 12.1.docx.pdf Microsoft Word - Outdoor Lighting Design Guidelines _final - for adoption_.doc.pdf Model Outdoor Lighting Ordinance for Cities and Towns.pdf sampleregs.pdf Sedona+AZ+Lighting+Ordinance+copy+2.pdf PC Notes.docx 3.d Discussion: Updates and Revisions to Checklists EXHIBIT_C.___APPLICATION_CHECKLISTS.doc PC Notes.docx 4 Minutes 4.a June 4, 2019 pc_minutes_060419 done draft.docx 4.b August 6, 2019 pc_minutes_080619 done draft.docx 5 Adjournment 2 DOCKET OF THE PLANNING PAGE 2 August 20, 2019 COMMISSION THE TOWN OF NORTH KINGSTOWN WILL PROVIDE INTERPRETERS FOR THE DEAF AND HARD OF HEARING AT ANY MEETING PROVIDED A REQUEST IS RECEIVED THREE (3) DAYS PRIOR TO SAID MEETING BY CALLING 294-3331, EXT. 120. 3 Planning Commission Agenda Item Report Submitted by: Beth Gagnon Glasberg Submitting Department: Planning and Development Meeting Date: August 20, 2019 Agenda Action: Combined Master Plan/Preliminary Plan Public Hearing: Application of Daniel A. and Claudia DiSaia, 201 Essex Road, North Kingstown, RI 02852 for a proposed two-lot major subdivision located at 201 Essex Road and 12 Beverly Road, AP 158 Lot 11, zoned Neighborhood Residential (NR) Motion: ATTACHMENTS DiSaia Master Prelim Staff Report 8 20.docx DiSaia ZBR decision.pdf DiSaia pc_minutes_020618.doc DiSaia pc_minutes_060518.docx DiSaia narrative.pdf DiSaia plan.pdf 4 Town of North Kingstown, Rhode Island 100 Fairway Drive North Kingstown, RI 02852 Phone: (401) 294-3331 Fax: (401) 885-7373 Web: www.northkingstown.org STAFF REPORT To: Planning Commission From: Department of Planning and Development Meeting Date: August 20, 2019 Applicant/Owner Daniel A. and Claudia DiSaia 201 Essex Road North Kingstown, RI 02852 Request Combined master plan and preliminary hearing/approval for two-lot major subdivision Location Plat 158 Lot 11 201 Essex Road, North Kingstown, RI 02852 Existing Zoning Neighborhood Residential (NR) Surrounding Zoning Neighborhood Residential (NR) Groundwater Status N/A Lot size 13.9 acres Land Use Designation Medium Density Residential (MDR) APPLICABLE REGULATIONS: The following are the relevant ordinances to be considered in the review: Section 21-38: Neighborhood Residential Article IV: Dimensional Regulations: Table 2A: Residential Districts (NR lot dimensions) Appendix A: Subdivision and Land Development Regulations 5 1 | P a g e DISCUSSION: The DiSaia application was reviewed at the preapplication stage on February 6, 2018 and June 5, 2018. The February meeting included requests for alternative design options and review of development history of the property. A site visit was held in August 2018. This public hearing was advertised in The Independent on August 1, 2019. The subject property is located at 201 Essex Road, also known as AP 158 Lot 11. The subject property and surrounding lots along Essex Road are zoned Neighborhood Residential. The Comprehensive Plan land use designation for the area is Medium Density Residential, where single-family residential dwellings are encouraged for every one to two acres. The subject property is a heavily-wooded 13.9-acre site. A watercourse and wetland is located throughout the middle portions of the property. The site also has a large water line easement running through it belonging to the Quonset Development Corporation. The property maintains two residential structures; the primary residence orients towards Essex Road while the second residence – an accessory dwelling unit – is located to the south of the property and is served by a driveway at the end of Beverly Road. On January 23, 2003, the Zoning Board of Review approved a special use permit to allow for the construction of the accessory dwelling unit located at the south side of the site. The approval allowed for a three-bedroom residence with an attached two-car garage (totaling approximately 1,700 square feet in area), which is larger than a customary one or two-bedroom accessory dwelling unit. The intention of the proposed subdivision is to create two lot lines so that the two residential structures would sit on separate lots. Proposed is one 1.16 acre lot with frontage on Beverly Road and the remaining 12.34 acres in the second lot with frontage on Essex Road. Both roads are public. No new construction is proposed. The applicant proposes to utilize the existing driveways. If the applicant receives master/preliminary approval, he then will need to apply to the zoning board for relief regarding the limited nature of the Beverly Road frontage prior to returning to the Planning Department or Planning Commission for final subdivision application and approval. At the pre-application in June 2018, the Planning Commission expressed concerns relating to setting precedent. The town’s legal counsel, Matt Callaghan, indicated an alternative for the applicant is to achieve similar results via condominium, which can be accomplished without Planning Commission or Zoning Board approval. If the Planning Commission is concerned with the potential of further subdivision, staff suggests a condition could be placed on an approval that no further subdivision could occur. This condition would also be reflected on any recorded plan. 6 2 | P a g e GENERAL REQUIREMENTS: Section 21-38 and Article IV, Table 2A of the Zoning Ordinance outline the intent of the Neighborhood Residential zoning district and the requirements for new lots. Although the subdivision is designed to provide one existing dwelling for each lot and complies with the area, depth and width requirements, the newly-created lot at the south of the site provides only 25 feet of frontage where 180 feet is required. Therefore, a dimensional variance would is required. TECHNICAL REVIEW COMMITTEE: The Technical Review Committee reviewed the pre-application at its July 2019 meeting. The Technical Review Committee had no issues with the application. SUMMARY: The proposal is compatible with the Neighborhood Residential zoning district, in that the project provides one dwelling unit for each lot within an acceptable range of residential density for the area. While a dimensional variance for the lack of required frontage along Beverly Road would be required to complete the subdivision, the project retains the existing residential setting and does not introduce any new construction or improvements to the existing residences. The Planning Commission did have concerns at the preapplication stage in regards to precedence since the second dwelling was originally permitted as an accessory dwelling. At that time it was determined that the proposal did not set a precedent, could be seen as reducing nonconformity as the Planning Commission, and alternative methods are available to the applicant (condominium) that would not provide the Planning Commission with an opportunity to review. The Planning Commission is required to make findings on the subdivision standards, while both the master and preliminary plan require a written decision. Prior to granting approval, the Commission shall make the following findings: 1. The subdivision is consistent with the requirements of the North Kingstown Comprehensive Plan and/or shall satisfactorily address the issues where there may be inconsistencies. 2. Each lot in the subdivision conforms to the standards and provisions of the North Kingstown Zoning Ordinance. 3. There will be no significant negative environmental impacts from the proposed development as shown on the final plan, with all required conditions for approval. 4. The subdivision, as proposed, will not result in the creation of individual lots with such physical constraints to