No.   1.  REVIEW WITH TOWN PLANNER: MEMORANDUM AND DRAFT ORDINANCES: 

LUMBER WOOD PROCESSING; FAMILY CHILD CARE HOME GROUP, FAMILY                  DAYCARE HOME; HOME ANTIQUE, ART, BOOK, STATIONERY, AND GIFT SHOPS;

HOME-BASED RETAIL, OFFICE, OR ARTISANAL USES; PROHIBITED USES IN A                                      RESIDENTTIAL ZONING DISTRICT

Mr. DePasquale handed Council updated amendments that will be reviewed tonight:

Ms. Allen read the Accessory wood processing section;

1.       Source of Timber

2.       Imported Materials

3.       Purpose

4.       Prohibition on Commercial Activity

5.       Employees and equipment

6.       Operator

7.       Off-site collection

8.       Equipment

9.       Limited Firewood Sales (Accessory)

There were questions from the public present.

Limited- Scale wood Processing activity conducted by the owner or occupant of a property, employing no more than (2) persons, excluding members of the resident household, where all of the following conditions

are met

1.  Except provided in subsection 5 below, all timber processed shall originate exclusively from the    

     parcel on which the operation is conducted.

2.  No raw wood material shall be imported from off-site sources

3.   Processed timber may be sold off-site

         4.  The use may include a portable sawmill or similar small-scale processing equipment

Discussion on the number of employees under the limited scale wood processing

Discussion on the number of trucks that should be allowed with the limited scale wood processing

Motion made by Ms. Allen to strike out number of employees subject to special use permit hours of operation Monday through Friday 7am-5pm, Saturdays 8am-5pm, 4 trucks of GVW 20,000; seconded by Mr. Morrissey.

Discussion Mr. Turner spoke in regards to the number of acres and how long it takes not the number of trucks. Back to the motion voted unanimously in the affirmative.

Pre-Existing Lumber and Wood Processing Operation;

Any lumber or wood processing operation lawfully established prior to January 1, 1995, may be continued as a legal nonconforming use

The operator shall bear the burden of demonstrating, to the satisfaction of the Zoning Officer, that such use was lawfully established prior to January 1, 1995. Acceptable evidence may include, but is not limited to, permits, tax records, aerial imagery, or other official documentation.

Upon determination by the Zoning Officer that sufficient evidence has been provided, the use shall be recognized as a legal nonconforming use and shall thereafter be subject to all applicable provisions of the Zoning Ordinance governing nonconforming uses. 

Any determination by the Zoning Office under this section may be appealed to the Zoning Board of Review in accordance with the procedures set forth in this ordinance.

A legal nonconforming lumber or wood processing operation shall not be expanded, enlarged, intensified, relocated, or structurally altered, except in full compliance with the provisions of this Ordinance governing nonconforming uses.

Agricultural and farm overlay district exemption

The following wood processing activities shall be exempt from the requirements of this section:

1.       Non-commercial Forestry Activities

       Wood processing conducted on a parcel enrolled under the Rhode Island Farm, Forest and Open Space

       Act, RIGL 44-27-1 et seq., provided that:

a.        The property maintains a current and active Forest Stewardship or Forest Management Plan; and

b.       Said plan is prepared, approved, or recognized by the RIDEM, Division of Forest Environment, or any successor agency; and 

Mr. Adams had a question from the floor, Ms. Allen called on him. He stated there are two other districts that should be included. They are US Department of Agriculture and Natural Resources Conservation District.

Motion made by Ms. Allen to amend b to add US Department of Agriculture and Natural Resources Conservation District; seconded by Mr. Schiffer, and voted unanimously in the affirmative.

c.        All wood processing activities are conducted in substantial conformance with the approved Forest Management Plan; and

d.       The activity is non-commercial in nature, except for the sale, harvesting, or processing of timber products expressly authorized under the approved Forest Management Plan. 

Motion made by Ms. Allen that sawmills and incidental commercial sales shall be considered exempt or subordinate to the Principal Forest Management Plan; seconded by Mr. Ellis, and voted unanimously in the affirmative.

Farm Overly District Properties

Wood processing activities conducted on properties located within a duly established Farm Overlay shall be exempt where such activities are accessory and incidental to an active agricultural, silvicultural, or forestry use of the property.

Not withstanding any provision of this Ordinance to the contrary, the requirements, restrictions, and permitting provisions contained herein shall not apply to:

a.        Any bona fide agricultural operation, farm, nursery, orchard, greenhouse, forestry operation, or other agricultural use lawfully operating in accordance with applicable federal, state, and local laws; or

b.        Any property, structure, activity, or use located within the Farm Overlay District and utilized primarily for agricultural purposes, including but not limited to:

i.                     crop production;

ii.                   livestock operations;

iii.                 forestry and timber management;

iv.                 construction, maintenance, or repair of agricultural structures;

v.                   fencing

vi.                 farm roads and access drives;

vii.                agricultural equipment and material storage;

viii.              seasonal harvesting activities; and

ix.                 on-site milling, cutting, incidental sale of firewood, storage, drying, chipping, or processing of lumber,

       firewood, or timber products incidental and accessory to the agricultural use of the property.

Exemption Limitations

This exemption shall apply provided that;

a.        The activity does not constitute a principal commercial lumberyard, wood waste processing facility, or

       industrial wood-processing operation open to the public; and

b.       The activity remains clearly accessory and incidental to the principal agricultural, forestry, or farm use of the

property.

c.         Nothing herein shall be construed to limit the Town’s authority to enforce applicable provisions relating to:

i.                                Fire safety;

ii.                              Life safety;

iii.                 Stormwater management;

iv.                 Wetlands protection;

v.                              Environmental protection;

vi.                 Noise;

vii.                Dust control; or

viii.              Nuisance abatement, where a demonstrable threat to public health, safety, or welfare exists.

Motion made by Mrs. Allen to adopt the amendments to the Lumber and Wood Processing Operations as amended; seconded by Mr. Morrissey, voted unanimously in the affirmative.

Prohibited Uses In A Residentially Zoned District

Mr. DePasquale made an amendment a proposed addition to Prohibitions 5-14-26

(all zoning districts) sludge incineration, medical waste incinerator; Pyrolysis or gasification facility; The installation, operation, or use of any pyrolysis or gasification unit intended to covert sludge, biosolids, or solid or semi-solid feedstocks into energy, fuels, or chemical commodities shall be prohibited. Prohibited feedstocks shall include, but not be limited to, solid waste, municipal solid waste, commercial and industrial waste, hospital, medical, or infectious waste, sewage sludge, biomass, plastics, tires, and contaminated soils or oily sludges containing organic contaminants. Prohibit Data Centers in all zones.

Battery farm amendments for residential small systems would be allowed for homes, Prohibited are the ones going out to the grid.

Motion made by Ms. Allen to add to prohibited Residential Uses Mr. DePasquale’s amendments in regards Data Centers and sludge incineration in all zones; seconded by Mr. Ellis, voted unanimously in the affirmative. 

Ms. Allen thanked the Planning Board for getting rid of a lot of the prohibition in the first draft.

Ms. Allen suggested changes to the Prohibition section;

#  41 Strike out Kennels on less than 5 acres,

#110 Insert Commercial in front of Boat Building and Repair

#154 Insert Commercial in front of Farm Equipment Sales

#179 Strike out miscellaneous personal services not otherwise classified

#193 Strike out non-motorized

Mr. Ellis echo Ms. Allen’s comment to thank the Planning Board. Mr. Ellis also thanked Mr. DePasquale Town Planner, and Mr. Correia, Planning Board Member who is here tonight. Mr. Ellis stated he appreciates their time and work.

Motion made by Ms. Allen to amend the Prohibited Uses in Residential Zones to include the changes as stated above, #41, #110, #154, #179, #193; seconded by Mr. Turner; and voted unanimously in the affirmative.

Family Child Care Home; Group Family Day Care Home

Mr. DePasquale explained Family Child Care is written as reflected in State Statute, and allowed in RE2, RU3, RU4, CR5. There is a footnote; requiring sufficient parking, vehicle circulation, and secure drop-off and pickup areas for children, employees, and visitors, as outlined in an approved site plan. Required off-street parking: One (1) off-street parking space, measuring nine (9) feet in width by eighteen (18) feet in length, must be provided for each employee or teacher per shift. Additionally, a drop-off and pick-up area is required to ensure children’s safety and alleviate traffic congestion. This area should accommodate (1) temporary loading space and must not obstruct sidewalks, pedestrian pathways, driveways, or public streets.

Group Family Daycare requires a special use permit. The group daycare is a little larger than the home daycare.

Motion made by Mr. Ellis to approve the amendment of Family Child care Home, Group Family Daycare Home; seconded by Mr. Morrissey; and voted unanimously in the affirmative.

Antique Art Book Stationery and Gift Shops

Home-Based Retail, Office or Artisanal

Mr. DePasquale explained; The Council asked him to review the zoning ordinance in regards to commercial business in residential zones. With his review he stated Antique, Art, Book, Stationery and Gift Shops should not be located within the residential zones. Limited home-base, artisanal, office or cottage retail activities within residential dwellings in a manner that preserves the residential character of neighborhoods and ensures such activities remain incidental and subordinate to the primary residential use.

Maximum area devoted to the display, storage and sale of merchandise shall not exceed four hundred square feet. Question from the floor; Four hundred feet is small should be larger, if larger it could then turn into commercial. After discussion, it was decided by Council to go with 600 square feet.

Motion made by Mr. Ellis to raise the maximum area devoted to display, storage and sale of merchandise shall not exceed eight hundred square feet. There was no second. Motion fails

Motion made by Ms. Allen to raise the maximum area devoted to display, storage and sale of merchandise shall not exceed six hundred square feet; seconded by Mr. Morrissey. Vote Taken:

Ms. Allen            yes

Mr. Morrissey    yes

Mr. Schiffer        yes

Mr. Turner         yes

Mr. Ellis              no

Motion passes. 

Motion made by Ms. Allen to approve the Antique, Art, Book, Stationery and Gift Shops Home Based Retail Office or Artisanal Use; seconded by Mr. Morrissey; Voted unanimously in the affirmative.

Motion made by Ms. Allen to accept the amendments as received by Council and amended here tonight in each section, as discussed; Antique, Art, Book, Stationery, and Gift Shops, Home -Based Retail, Office-or Artisanal Use, Family Child Care Home; Group Family Daycare Home, Lumber and Wood Processing, Prohibited Uses; seconded by Mr. Schiffer; and voted unanimously in the affirmative. 

Motion made by Ms. Allen to send these amendments to Karen Ellsworth so they will be put in order by line for the Town’s zoning ordinance. The clerk will then advertise for three weeks with a possible public hearing at the high school on July 13, 2026; seconded by Mr. Morrissey; and voted unanimously in the affirmative.

Motion made by Mr. Schiffer to adjourn at 9:05 pm; seconded by Mr. Morrissey;  

and voted unanimously in the affirmative.

                                                                                    Respectfully Submitted

                                                                                    Patricia L. Whitford

                                                                                    Deputy Clerk

Approved:  July 6, 2026