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WORK SESSION

JANUARY 11, 2016

At a WORK SESSION of the Town Council of the Town of South Kingstown, County of Washington, in the State of Rhode Island held at the Town Hall, in and for said Town on the 11^th day of January 2016 at 6:30 PM.

PRESENT: Abel G. Collins, President

Margaret M. Healy, Vice President

Rachel Clough

Liz Gledhill

Joe Viele

1. A. INTERVIEWS

The Town Council interviews Dennis P. McGuire relative to his interest in serving on the Recreation Commission.

The Town Council interviews Michael P. Montle relative to his interest in serving on the Recreation Commission.

The Town Council interviews David J. Palazzetti relative to his interest in serving on the Recreation Commission.

1. B. WORK SESSION

Discussion ensues relative to amending Public Hearing 7A as follows: A Public Hearing relative to an application requesting a proposed amendment to the Comprehensive Community Plan to amend the Comprehensive Plan Land Use Plan Map 2.3 by changing the map designation of AP 81-3, Lot 49 and a portion of AP 82-4, Lot 79 from “Residential Very Low Density” to “Residential Low ~~Medium~~ Density” and by changing the map designation of the remaining portion of AP 82-4, Lot 79 from “Residential Medium High Density” to “Residential Low ~~Medium~~ Density”, as shown on the map below. The parcels are located at 200 Gooseberry Road and 74 Port Avenue, approximately 7.62 acres. Application by John & Anna Dykstra Irrevocable Trust and Joanne K. Dykstra c/o David Dykstra, 130 Marine Road, Wakefield, RI 02879. Legal Counsel has determined that since the newspaper notice and the notice sent to the abutters were correct that this change can be made on the agenda. Also the map on the agenda is correct.

Discussion ensues relative to Public Hearing 7B an application requesting a proposed amendment to the Zoning Map to change the zoning of AP 81-3, Lot 49 and a portion of AP 82-4, Lot 79 from “R80 – Rural Residential Low Density District” to “R40 – Medium Density Residential District’’ and to change the zoning on the remaining portion of AP 82-4, lot 79 from “R20 – Medium High Density Residential District” to “R40 – Medium Density Residential District”, as shown on the map below. The parcels are located at 200 Gooseberry Road and 74 Port Avenue, approximately 7.62 acres. Application by John & Anna Dykstra Irrevocable Trust and Joanne K. Dykstra c/o David Dykstra, 130 Marine Road, Wakefield, RI 02879. There are no changes to this public hearing.

Discussion ensues relative to the Recreation Commission applicants.

Discussion ensues relative to Public Hearing 7C proposed amendments to the Town Code, Chapter 10 Motor Vehicles and Traffic, as follows: Chapter 10, Motor Vehicles and Traffic, Article II. Stopping, Standing and Parking, Add: Section 10-72. Prohibited at anytime between May 1st and September 15th of each calendar year between the hours of 7:00 AM and 4:00 PM on listed roadways. Property owners and/or residents residing on the named street or road may apply to the police department for courtesy exemptions to allow parking for family gatherings or special events during this seasonal parking ban:

Lower Farm Road, no parking both sides from the most easterly point at the Blackberry Hill Drive intersection in a westerly direction for a distance of 1/10 mile to the second intersection with South Weeden Road.

Matunuck Beach Road, no parking both east and west sides starting 50 feet from the Atlantic Avenue intersection where 15 minute parking is permitted and continuing in a northerly direction for a distance of 2/10 of a mile to the intersection of Shelldrake Road.

Ocean Village Court, no parking both sides from the westerly most point at the intersection of Blackberry Hill Drive easterly for a distance of 1/10 mile to the cul de sac at the end of the road.

South Weeden Road, no parking from its eastern intersection with Lower Farm Road southbound and looping around to its westerly intersection with Lower Farm Road for a distance of 2/10 of a mile.

Discussion ensues relative to Communication Item 8A adopted December 8, 2015 by the South Kingstown School Committee concerning quantification of student assessment information and stakeholder reports. It is the consensus of the Town Council to receive this communication and place it on file.

Discussion ensues relative to Communication Item 8B adopted December 14, 2015 by the Charlestown Town Council in support of legislation on controlling blasting is received, placed on file, and the Town Council. It is the consensus of the Town Council to receive this communication and place it on file.

Discussion ensues relative to Communication Item 8Ddated December 14, 2015 from Charles A. Sweet concerning sidewalks in Town. It is the consensus of the Town Council to receive this communication and place it on file.

Discussion ensues relative to New Business Item 13C authorizing an award of bid to Mill City Construction, Inc., 7 Old Great Road, Lincoln, RI 02865 for window and door replacement at the Peace Dale Office Building, 1058 Kingstown Road in accordance with all bid specifications in an amount not to exceed $67,024 including a contingency of $4,000.

Discussion ensues relative to New Business Item 13E authorizing an award of bid to WB Mason, 99 Bald Hill Road, Cranston, RI 02920 to furnish and install new children’s room furniture at the Peace Dale Library in an amount not to exceed $24,504, including a $3,196 contingency.

Discussion ensues relative to the CIP #3 meeting scheduled for Wednesday, January 13, 2016 at 6:30 PM with the School Committee.

Discussion ensues relative to the information that has been provided by the Town Manager to the Town Council in regard to the South Kingstown Housing Authority, the Town’s Board of Tenants’ Affairs and other types of tenant associations.

Discussion ensues relative to Communication Item 8F dated December 4, 2015 from Karen Stein resigning from the Wild and Scenic River Committee of the Wood Pawcatuck Watershed Association.

Discussion ensues relative to how the Fire Department responds to calls at residential structures or facilities with solar panels.

Discussion ensues relative to scheduling a meeting with the Economic Development Committee on either February 9, 2016 or February 10, 2016 at 6:30 PM.

Discussion ensues relative to the appointment to the Recreation Commission.

Convened to Regular Session.

Dale S. Holberton, CMC

Town Clerk

REGULAR SESSION

JANUARY 11, 2016

At a REGULAR SESSION of the Town Council of the Town of South Kingstown, County of Washington, in the State of Rhode Island, held at the Town Hall, in and for said Town on the 11^th day of January 2016 at 7:30 PM.

PRESENT: Abel G. Collins, President

Margaret M. Healy, Vice President

Rachel Clough

Liz Gledhill

Joe Viele

1. C. REGULAR SESSION

2. PLEDGE OF ALLEGIANCE TO THE FLAG

The Pledge of Allegiance to the flag is led by Eagle Scouts Max David Hempe and Timothy Nelson Sheehy of Troop 1 Kingston.

13A. New Business Item 13A is brought forward and presented, and it is

UNANIMOUSLY VOTED: to affirm a proclamation presented on December 27, 2015 to Max David Hempe for attaining the rank of Eagle Scout, as follows:

MAX DAVID HEMPE

WHEREAS, MAX DAVID HEMPE has devoted his time and his energy to complete the requirements of and participate in such a worthwhile organization as the Boy Scouts of America, and

WHEREAS, he has devoted his time and his energy working to earn 38 merit badges and spent eight summers at historic Camp Yawgoo, 12 days backpacking the trails of Philmont Scout Ranch in New Mexico including summiting the 12,441 foot Baldy Mountain, and spent 5 days living on a remote island at Boy Scout’s Sea Base in the Florida Keys. These high adventures challenged Max both physically and mentally and he answered the challenges with vigor and enthusiasm. For his Eagle Scout project he planned, organized and built a bridge to help hikers cross Mud Brook on South Kingstown Land Trust’s Yawgoo Pond walking trail, and

WHEREAS, he has attained the highest rank in scouting by becoming an Eagle Scout, bringing pride to himself and honor to Troop 1 Kingston, his family, and to his community; may this be a preview of his future dedication to a purpose and service – to pursue until he accomplishes the goal that he is seeking.

NOW THEREFORE, WE THE TOWN COUNCIL OF THE TOWN OF SOUTH KINGSTOWN do hereby extend our congratulations for a job well done and best wishes for success in all future endeavors.

13B. New Business Item 13B is brought forward and presented, and it is

UNANIMOUSLY VOTED: to affirm a proclamation presented on December 27, 2015 to Timothy Nelson Sheehy for attaining the rank of Eagle Scout, as follows:

TIMOTHY NELSON SHEEHY

WHEREAS, TIMOTHY NELSON SHEEHY has devoted his time and his energy to complete the requirements of and participate in such a worthwhile organization as the Boy Scouts of America, and

WHEREAS, he has devoted his time and his energy working to earn 35 merit badges, many through his seven years of participation at Camp Yawgoo’s summer camp program. He backpacked nearly 100 miles across Philmont Scout Ranch in New Mexico and fished, snorkeled and kayaked his way around Big Munson Island at Boy Scout’s Sea Base. For his Eagle Scout project Tim planned, organized and executed the design and led a group to install a removable frame to hold banners and signs in front of the Kingston Congregational Church, and led a team in preparing and painting 33 chairs, 4 tables and 2 step stools used in the church’s nursery and elementary school programs, and

NOW THEREFORE, WE THE TOWN COUNCIL OF THE TOWN OF SOUTH KINGSTOWN do hereby extend our congratulations for a job well done and best wishes for success in all future endeavors.

3. ROLL CALL

Roll Call is taken and all members are present.

4. APPROVAL OF MINUTES OF PREVIOUS MEETINGS

A. Work Sessions: UNANIMOUSLY VOTED: that the minutes of the Work Sessions held on December 2 and December 14, 2015 are accepted, approved and placed on file.

B. Regular Sessions: UNANIMOUSLY VOTED: that the minutes of the Regular Sessions held on December 14 and December 16, 2015 are accepted, approved and placed on file.

5. CONSENT AGENDA

UNANIMOUSLY VOTED: to approve the Consent Agenda as indicated by (CA) on same.

6. LICENSES

(CA) A. UNANIMOUSLY VOTED: to grant Victualling Licenses to the following; Renewals:

JENNIFER’S CHOCOLATES, 160 Old Tower Hill Road, Wakefield, RI 02879. Application by Jennifer Dowell, 13 Austin Street, Wakefield, RI 02879. License No. BS-15-740.

M A S ENTERPRISES LLC d/b/a EL FUEGO MEXICAN GRILL, 344 Main Street, Wakefield, RI 02879. Application by Michael Stewart, Member, 61 Highland Avenue, Wakefield, RI 02879. License No. BS-15-772.

OCEAN STATE FIVE III, LLC d/b/a FIVE GUYS BURGERS & FRIES, 600 Kingstown Road, Wakefield, RI 02879. Application by Eugene Prentice, Member, 100 Cummings Center 311J, Beverly, MA 01915. License No. BS-15-793.

ROSARIO’S RESTAURANT, INC. d/b/a KINGSTON PIZZA, 1283 Kingstown Road, Wakefield, RI 02879. Application by Ina Sciabarrasi, Vice President, 40 Carriage Lane, Kingston, RI 02881. License No. BS-15-837.

SC FOODS LLC d/b/a THE ORIGINAL PICKPOCKETS DELI, 231 Old Tower Hill Road, Wakefield, RI 02879. Application by David J. Carty, Member, 34 Canonchet Way, Narragansett, RI 02882. License No. BS-15-848.

SIMPLY THAI LLC d/b/a SIMPLY THAI, 99 Fortin Road, Kingston, RI 02881. Application by Jumporn Saetang, Member, 90 Brandywyne Court, Wakefield, RI 02879. License No. BS-15-860.

SOUTH KINGSTON FOOD SERVICES, INC. d/b/a D’ANGELO’S / PIZZA HUT, 71 Old Tower Hill Road, Wakefield, RI 02879. Application by James H. McLaughlin, President, P.O. Box 363, West Bridgewater, MA 02379. License No. BS-15-889.

(CA) B. UNANIMOUSLY VOTED: to grant Victualling and Holiday Sales Licenses to the following; Renewals:

GLOBAL MONTELLO GROUP CORP. d/b/a ALLTOWN SOUTH KINGSTOWN, MOBIL #2740, 3079 Tower Hill Road, Wakefield, RI 02879. Application by Rick Woolverton, Senior Director of Operations, 800 South Street, Suite 500, Waltham, MA 02453. License Nos. BS-15-710, 711.

STARBUCKS CORPORATION d/b/a STARBUCKS COFFEE #2798, 600 Kingstown Road, Wakefield, RI 02879. Application by Mary Her, P.O. Box 34442 Tax 2, Seattle, WA 98124. License Nos. BS-15-896, 897.

(CA) C. UNANIMOUSLY VOTED: to grant a Victualling License and an Additional Hours License limited to between 2:00 AM and 3:30 AM to ROSARIO’S RESTAURANT, INC. d/b/a KINGSTON PIZZA, 63 Briar Lane, Kingston, RI 02881. Application by Ina Sciabarrasi, Vice President, 40 Carriage Lane, Kingston, RI 02881; Renewals. License Nos. BS-15-839, 840.

(CA) D. UNANIMOUSLY VOTED: to grant Holiday Sales Licenses to the following; Renewals:

BENNY’S, INC., 688 Kingstown Road, Wakefield, RI 02879. Application by Howard M. Bromberg, President, 340 Waterman Avenue, Esmond, RI 02917. License No. BS-15-639.

DRAKE PETROLEUM COMPANY, INC. d/b/a SOUTH KINGSTOWN XTRA MART, 72 Old Tower Hill Road, Wakefield, RI 02879. Application by Andrew Slifka, EVP, 800 South Street, Suite 500, Waltham, MA 02454. License No. BS-15-686.

GENERAL NUTRITION CORPORATION d/b/a GENERAL NUTRITION CENTER #7090, 160 Old Tower Hill Road, Wakefield, RI 02879. Application by Roseanne Fabina, 300 Sixth Avenue – Retail Operations, Pittsburgh, PA 15222. License No. BS-15-707.

H.N.S. INC. d/b/a HEALY NEWS STORE, 231 Robinson Street, Wakefield, RI 02879. Application by Sally H. Minetti, President, 212 Briarwood Drive, Wakefield, RI 02879. License No. BS-15-716.

ONE WIRELESS SOLUTION LP d/b/a AT&T AUTHORIZED RETAILER, 3033 Tower Hill Road, Saunderstown, RI 02874. Application by One Wireless Solution LP, 3000 Altamesa Boulevard, Suite 300, Fort Worth, TX 76133. License No. BS-15-798.

PINK PINEAPPLE LLC, 357 Main Street, Wakefield, RI 02879. Application by Stacie Hall, Member, 26 JH Dwyer Drive, Middletown, RI 02842. License No. BS-15-817.

RAM POINT MARINA INC., 2 William Schmid Drive, Wakefield, RI 02879. Application by Curtis W. Schmid, 356 South Road, Wakefield, RI 02879. License No. BS-15-828.

RHODE ISLAND CVS PHARMACY, LLC d/b/a CVS #868, 99 Fortin Road, Kingston, RI 02881. Application by Donna Chevalier, One CVS Drive, Mail Drop 23062A, Woonsocket, RI 02895. License No. BS-15-832.

SLEEPY’S LLC, 26 South County Commons Way, Wakefield, RI 02879. Application by Joseph Graci, Chief Financial Officer. 1000 S. Oyster Bay Road, Hicksville, NY 11801. License No. BS-15-863.

WAKEFIELD MUSIC COMPANY, 58 Main Street, Wakefield, RI 02879. Application by Dennis Costa, 31 Spencer Court, Wakefield, RI 02879. License No. BS-15-930.

(CA) E. UNANIMOUSLY VOTED: to grant Holiday Sales and Theater Licenses to SOUTH KINGSTON CINEMA LLC d/b/a ENTERTAINMENT CINEMAS, 30 Village Square Drive, Wakefield, RI 02879. Application by Mark Benvenuto, Member, 55 Cambridge Parkway, Suite 200, Cambridge, MA 02142; Renewals. License Nos. BS-15-885, 887.

(CA) F. UNANIMOUSLY VOTED: to grant Holiday Sales and Farm Produce Licenses to SOSNOWSKI FARMS, 3 Waites Corner Road, West Kingston, RI 02892. Application by Michael and V. Susan Sosnowski, P.O. Box 722, West Kingston, RI 02892; Renewals. License Nos. BS-15-870, 871.

(CA) G. UNANIMOUSLY VOTED: to grant a Farm Produce License to SOSNOWSKI FARMS, 680 Glen Rock Road, West Kingston, RI 02892. Application by Michael and V. Susan Sosnowski, P.O. Box 722, West Kingston, RI 02892; Renewal. License No. BS-15-869.

(CA) H. UNANIMOUSLY VOTED: to grant a Tourist Accommodations License to LILY’S AT LITTLE REST, 2545 Kingstown Road, Kingston, RI 02881 for 3 spaces, 6 persons. Application by Catherine A. Gagnon, Co-Owner, 2545 Kingstown Road, Kingston, RI 02881; Renewal. License No. BS-15-764.

(CA) I. UNANIMOUSLY VOTED: to grant a Trailer Parks – Mixed Use Facilities License to MATUNUCK BEACH TRAILER ASSOCIATION, 811 Matunuck Beach Road, Wakefield, RI 02879 for 22 spaces. Application by Kathy Lynne Laplante, Treasurer, P.O. Box 762, Wakefield, RI 02880-0762; Renewal. License No. BS-15-777.

(CA) J. UNANIMOUSLY VOTED: to grant a Laundry License to SUDS BUDS LLC d/b/a GET THE FUNK OUT, 100 Fortin Road, Kingston, RI 02881. Application by Joseph Turcone, Member, 12 Algonquin Trail, Cranston, RI 02921-2506; Renewal. License No. BS-15-907.

(CA) K. UNANIMOUSLY VOTED: to grant a Private Detective License to JOHN JAMES SULLIVAN, 21 Noel Court, Wakefield, RI 02879. Application by John J. Sullivan, 21 Noel Court, Wakefield, RI 02879; Renewal. License No. BS-15-909.

(CA) 8C. UNANIMOUSLY VOTED: that communications from Eben Horton (The Glass Station), Chris and Danika Hubbard, Louisa Votava, and Karen and Bob Votava concerning snow removal from sidewalks and roadways in the Town’s business districts are received and placed on file. (12/17/2015 Interim Item H. and 12/31/2015 Interim, Item F.)

(CA) 8E. UNANIMOUSLY VOTED: that a communication dated December 14, 2015 from Paul and Deirdre Costabile requesting recognition for Louis Costabile for attaining the rank of Eagle Scout is received, placed on file, and the Council affirms the proclamation presented at his Court of Honor on January 10, 2016. (12/17/2015 Interim, Item J.)

(CA) 8F. UNANIMOUSLY VOTED: that a communication dated December 4, 2015 from Karen Stein resigning from the Wild and Scenic River Committee of the Wood Pawcatuck Watershed Association is received and placed on file. (12/17/2015 Interim, Item K.)

(CA) 8G. UNANIMOUSLY VOTED: that a communication dated December 18, 2015 from Elizabeth Berman, Director of Mission Development, Southern RI Chamber of Commerce requesting a funding contribution for FY2016-2017 is received, placed on file and referred to the budget development process for consideration. (12/31/2015 Interim, Item B.)

(CA) 8H. UNANIMOUSLY VOTED: that any communication added to the Agenda subsequent to this is hereby added by majority vote, in accordance with RIGL §42-46-6 (b) Notice --… “Nothing contained herein shall prevent a public body, other than a school committee, from adding additional items to the agenda by majority vote of the members. Such additional items shall be for informational purposes only and may not be voted on except where necessary to address an unexpected occurrence that requires immediate action to protect the public or to refer the matter to an appropriate committee or to another body or official.”

(CA) 13D. UNANIMOUSLY VOTED: to authorize an award of bid to Buckley Heating and Cooling, 1632 Kingstown Road, Peace Dale, RI 02879 for replacement of one rooftop HVAC unit at the South Kingstown Senior Center in accordance with all bid specifications, in an amount not to exceed $8,739; and as further described in a memorandum from the Director of Leisure Services to the Town Manager dated December 23, 2015 and entitled “Bid Recommendation – Replacement of Rooftop HVAC Unit at Senior Center.”

(CA) 13F. UNANIMOUSLY VOTED: to authorize the Tax Assessor to abate taxes in the total amount of $173.86, as shown on Tax Abatement Request No. 524.

(CA) 13G. UNANIMOUSLY VOTED: to authorize an award of bid to Perlmutter Purchasing Power, 11434 Caminito Garcia, San Diego, CA 92131 for APC Smart UPS devices in accordance with all bid specifications in an amount not to exceed $5,975; as further described in a memorandum from the Information Technology Director to the Town Manager dated January 6, 2016 and entitled “APC Smart UPS SK0010IT Recommendation.”

(CA) 13H. UNANIMOUSLY VOTED: that any New Business added to the Agenda subsequent to this is hereby added by majority vote, in accordance with RIGL §42-46-6 (b) Notice --… “Nothing contained herein shall prevent a public body, other than a school committee, from adding additional items to the agenda by majority vote of the members. Such additional items shall be for informational purposes only and may not be voted on except where necessary to address an unexpected occurrence that requires immediate action to protect the public or to refer the matter to an appropriate committee or to another body or official.”

7. PUBLIC HEARINGS

A. UNANIMOUSLY VOTED: to amend Public Hearing Item 7A as follows: A Public Hearing relative to an application requesting a proposed amendment to the Comprehensive Community Plan to amend the Comprehensive Plan Land Use Plan Map 2.3 by changing the map designation of AP 81-3, Lot 49 and a portion of AP 82-4, Lot 79 from “Residential Very Low Density” to “Residential Low ~~Medium~~ Density” and by changing the map designation of the remaining portion of AP 82-4, Lot 79 from “Residential Medium High Density” to “Residential Low ~~Medium~~ Density”, as shown on the map below. The parcels are located at 200 Gooseberry Road and 74 Port Avenue, approximately 7.62 acres. Application by John & Anna Dykstra Irrevocable Trust and Joanne K. Dykstra c/o David Dykstra, 130 Marine Road, Wakefield, RI 02879.

Notice having been duly given, a Public Hearing as amended is held relative to an application requesting a proposed amendment to the Comprehensive Community Plan to amend the Comprehensive Plan Land Use Plan Map 2.3 by changing the map designation of AP 81-3, Lot 49 and a portion of AP 82-4, Lot 79 from “Residential Very Low Density” to “Residential Low Density” and by changing the map designation of the remaining portion of AP 82-4, Lot 79 from “Residential Medium High Density” to “Residential Low Density”, as shown on the map below. The parcels are located at 200 Gooseberry Road and 74 Port Avenue, approximately 7.62 acres. Application by John & Anna Dykstra Irrevocable Trust and Joanne K. Dykstra c/o David Dykstra, 130 Marine Road, Wakefield, RI 02879.

Additional background information was previously distributed to the Town Council with the December 10, 2015 Town Manager's report, Agenda Item I 13C. Please also refer to Agenda Item 7B. below.

A communication dated November 12, 2015 from the Planning Board recommending the proposed amendments to the Comprehensive Community Plan Land Use Plan Map 2.3 and the South Kingstown Zoning Map as presented on the agenda, as amended and incorporating Findings of Fact and Findings of Consistency with the Purposes of Zoning is referenced and placed on file.

Donald Packer, Attorney for the applicants is present and discusses the application for proposed amendments to the Comprehensive Community Plan Land Use Plan Map 2.3 and the South Kingstown Zoning Map.

UNANIMOUSLY VOTED: to close the Public Hearing.

UNANIMOUSLY VOTED: in accordance with the ‘Procedure for Amendments to the Comprehensive Plan’ adopted by the South Kingstown Town Council on January 9, 1996, the South Kingstown Town Council hereby approves, as amended on the agenda, an ordinance amendment based upon the application of John & Anna Dykstra Irrevocable Trust and Joanne K. Dykstra to amend the Comprehensive Plan Land Use Plan Map 2.3 by changing the map designation of AP 81-3, Lot 49 and a portion of AP 82-4, Lot 79 from “Residential Very Low Density” to “Residential Low Density” and by changing the map designation of the remaining portion of AP 82-4, Lot 79 from “Residential Medium High Density” to “Residential Low Density”. The parcels are located at 200 Gooseberry Road and 74 Port Avenue, approximately 7.62 acres.

The purpose of this Comprehensive Plan Amendment is to permit an application to amend the Town’s Zoning Map to change the zoning of AP 81-3, Lot 49 and a portion of AP 82-4, Lot 79 from “R80 – Rural Residential Low Density District” to “R40- Medium Density Residential District” and to change the zoning on the remaining portion of AP 82-4, Lot 79 from “R20 – Medium High Density Residential District” to “R40 – Medium Density Residential District.

The South Kingstown Town Council’s decision to approve the proposed Comprehensive Plan amendment incorporates the following Findings of Fact:

Findings of Fact

1. The subject properties occupy the land northerly of the intersection of Gooseberry Road and Point Avenue in the Snug Harbor area of Town.

2. The subject properties are zoned R80 and are bordered on the north by land zoned R40 and to the east, south and west by land zoned R20.

3. These two properties, along with three other smaller parcels within the same corner of Gooseberry Road and Port Avenue were zoned R80 in 1999 as part of the Town’s Phase II Zoning effort. Prior to that time all of these parcels were zoned R40 and formed a portion of the border between an R20 and an R40 zoning district in the Snug Harbor area.

4. When viewed in the overall general context of zoning, as well as in the context of the immediate area, the R80 zoning designation of these properties, surrounded by R20 and R40 zoning districts, appears as an anomaly to the normal progression of zoning districts / densities.

5. This amendment to the Comprehensive Community Plan is consistent with the ‘Overall Goal of the Land Use Element’ of the Plan ‘To promote orderly growth patterns based upon the natural, cultural and historic character of the Town, the lands suitability for use and the aspirations of its citizens.’

6. The Planning Board finds that the proposed amendment to the Town’s Comprehensive Community Plan is consistent with the following goals of the Rhode Island Comprehensive Planning and Land Use Act (RIGL 45-22.2-3.c):

(1) To promote orderly growth and development that recognizes the natural characteristics of the land, its suitability for use, and the availability of existing and proposed public and/or private services and facilities.

(2) To promote an economic climate which increases quality job opportunities and overall economic well being of each municipality and the state.

(4) To promote the protection of the natural, historic and cultural resources of each municipality and the state.

(6) To provide for the use of performance-based standards for development and to encourage the use of innovative development regulations and techniques that promote the development of land suitable for development while protecting our natural, cultural, historical, and recreational resources, and achieving a balanced pattern of land uses.

B. Notice having been duly given, a Public Hearing is held relative to an application requesting a proposed amendment to the Zoning Map to change the zoning of AP 81-3, Lot 49 and a portion of AP 82-4, Lot 79 from “R80 – Rural Residential Low Density District” to “R40 – Medium Density Residential District’’ and to change the zoning on the remaining portion of AP 82-4, lot 79 from “R20 – Medium High Density Residential District” to “R40 – Medium Density Residential District”, as shown on the map above. The parcels are located at 200 Gooseberry Road and 74 Port Avenue, approximately 7.62 acres. Application by John & Anna Dykstra Irrevocable Trust and Joanne K. Dykstra c/o David Dykstra, 130 Marine Road, Wakefield, RI 02879.

Donald Packer, Attorney for the applicant requests that the Town Council incorporate his comments from Public Hearing 7A into the record of this Public Hearing.

The Town Solicitor requests that in addition to Mr. Packer’s comments from the prior public hearing that the communication dated November 12, 2015 from the Planning Board recommending the proposed amendments to the Comprehensive Community Plan Land Use Plan Map 2.3 and the South Kingstown Zoning Map as presented on the agenda, as amended and incorporating Findings of Fact and Findings of Consistency with the Purposes of Zoning be incorporated into the record.

UNANIMOUSLY VOTED: to incorporate the entire record of Public Hearing 7A into the record of this Public Hearing 7B.

UNANIMOUSLY VOTED: to close the Public Hearing.

UNANIMOUSLY VOTED: UNANIMOUSLY VOTED: to approve an amendment to the Town of South Kingstown Zoning Map designation of AP 81-3, Lot 49 and a portion of AP 82-4, Lot 79 from “R80 – Rural Residential Low Density District” to “R40 – Medium Density Residential District’’ and to change the zoning map designation on the remaining portion of AP 82-4, lot 79 from “R20 – Medium High Density Residential District” to “R40 – Medium Density Residential District”. The parcels are located at 200 Gooseberry Road and 74 Port Avenue, approximately 7.62 acres. Application by John & Anna Dykstra Irrevocable Trust and Joanne K. Dykstra c/o David Dykstra, 130 Marine Road, Wakefield, RI 02879.

The South Kingstown Town Council’s decision to approve the Zoning Map amendment is based on the following Findings of Fact, and Findings of Consistency with the Purposes of Zoning:

Findings of Fact

1. The subject properties occupy the land northerly of the intersection of Gooseberry Road and Point Avenue in the Snug Harbor area of Town.

2. The subject properties are zoned R80 and are bordered on the north by land zoned R40 and to the east, south and west by land zoned R20.

(2) To promote an economic climate which increases quality job opportunities and overall economic well being of each municipality and the state.

(4) To promote the protection of the natural, historic and cultural resources of each municipality and the state.

Findings of Consistency with the Purposes of Zoning

This recommendation is based upon the following Findings of Consistency with the General Purposes of Zoning Ordinances as identified in the Rhode Island Zoning Enabling Act (RIGL 45 -

24-30)

(1) Promoting the public health, safety and welfare.

(2) Providing for a range of uses and intensities of use appropriate to the character of the city or town and reflecting current and expected future needs.

(3) Providing for orderly growth and development which recognizes:

(i) The goals and patterns of land use contained in the comprehensive plan of the city or town adopted pursuant to Chapter 22.2 of this title.

(ii) The natural characteristics of the land, including its suitability for use based on soil characteristics, topography, and susceptibility to surface or groundwater pollution.

(5) Providing for the protection of the natural, historic, cultural, and scenic character of the city or town or areas in the municipality.

(8) Promoting a balance of housing choices, for all income levels and groups, to assure the health, safety and welfare of all citizens and their rights to affordable, accessible, safe and sanitary housing.”

C. Notice having been duly given, a Public Hearing is held relative to proposed amendments to the Town Code, Chapter 10 Motor Vehicles and Traffic, as follows:

Chapter 10

Motor Vehicles and Traffic

Article II. Stopping, Standing and Parking

************

Add:

Section 10-74[1]. Prohibited at anytime between May 1st and September 15th of each calendar year between the hours of 7:00 AM and 4:00 PM on listed roadways.

Property owners and/or residents residing on the named street or road may apply to the police department for courtesy exemptions to allow parking for family gatherings or special events during this seasonal parking ban:

Ocean Village Court, no parking both sides from the westerly most point at the intersection of Blackberry Hill Drive easterly for a distance of 1/10 mile to the cul de sac at the end of the road.

South Weeden Road, no parking from its eastern intersection with Lower Farm Road southbound and looping around to its westerly intersection with Lower Farm Road for a distance of 2/10 of a mile.

Background information relative to this Public Hearing to consider seasonal no parking restrictions on Ocean Village Court, Lower Farm Road, and portions of South Weeden and Matunuck Beach Roads was previously distributed to the Town Council with the December 10, 2015 Town Manger's Report, Agenda Item I 13A

Vincent Vespia, Jr., Police Chief discusses the proposed amendments to the Motor Vehicle and Traffic Ordinance as presented on the agenda.

The following are present and comment:

Geoff Elia

Kim Hanson

Tom Hanson

UNANIMOUSLY VOTED: to close the Public Hearing.

UNANIMOUSLY VOTED: to adopt amendments to the Town Code, Chapter 10 Motor Vehicles and Traffic, as follows:

Chapter 10

Motor Vehicles and Traffic

Article II. Stopping, Standing and Parking

************

Add:

Section 10-74. Prohibited at anytime between May 1st and September 15th of each calendar year between the hours of 7:00 AM and 4:00 PM on listed roadways.

Ocean Village Court, no parking both sides from the westerly most point at the intersection of Blackberry Hill Drive easterly for a distance of 1/10 mile to the cul de sac at the end of the road.

South Weeden Road, no parking from its eastern intersection with Lower Farm Road southbound and looping around to its westerly intersection with Lower Farm Road for a distance of 2/10 of a mile.

8. COMMUNICATIONS

A. UNANIMOUSLY VOTED: that a resolution adopted December 8, 2015 by the South Kingstown School Committee concerning quantification of student assessment information and stakeholder reports is received and placed on file. (12/17/2015 Interim, Item C.)

B. UNANIMOUSLY VOTED: that a resolution adopted December 14, 2015 by the Charlestown Town Council in support of legislation on controlling blasting is received and placed on file. (12/17/2015 Interim, Item F.)

D. UNANIMOUSLY VOTED: that a communication dated December 14, 2015 from Charles A. Sweet concerning sidewalks in Town is received and placed on file. (12/17/2015 Interim, Item I.)

9. COMMENTS FROM INTERESTED CITIZENS

Council President Collins invites residents to come forward with comments.

Council President Collins notes that on Wednesday, January 13, 2016 the Town Council and School Committee will meet to discuss the School Committee’s proposed Capital Improvement Program and on Thursday, February 4, 2016 the Town Council will hold a meeting to discuss possible revisions to the Town’s charter.

Council Vice President Healy notes that Solarize Rhode Island will hold another meeting on Tuesday, January 19, 2016.

Councilwoman Clough recognizes Louis Costabile for attaining the rank of Eagle Scout.

10. TOWN MANAGER’S REPORT

The Town Manager’s Interim Reports dated December 17 and December 31, 2015, and the Agenda and Miscellaneous Reports dated January 7, 2016 are accepted, approved and placed on file. The Town Manager references the information that he has provided to the Town Council in regard to the South Kingstown Housing Authority, the Town’s Board of Tenants’ Affairs and other types of tenant associations. He will forward the information to the Chair of the South Kingstown Housing Authority.

11. TOWN SOLICITOR’S REPORT

The Town Solicitor’s Report is accepted. There has been an ongoing issue with debris and junk at an Oakwood Drive location and with the help of the Building Official this went to Court and the Judge was sympathetic with getting it picked up and he will enter an order.

12. APPOINTMENTS

A. UNANIMOUSLY VOTED: to appoint David J. Palazzetti to the Recreation Commission to complete a term to expire June 2016.

B. UNANIMOUSLY VOTED: to appoint William C. Wallace as the Tree Warden for the Town of South Kingstown for the year 2016.

UNANIMOUSLY VOTED: to reappoint William M. Salerno and Marc R. Archambault to the Assessment Board of Review for a term to expire January 2019.

UNANIMOUSLY VOTED: to reappoint James Garfield to the Historic District Commission for a term to expire December 2018.

UNANIMOUSLY VOTED: to reappoint Patricia Breslin Filippo to the South Kingstown Housing Authority for a term to expire October 2020.

13. NEW BUSINESS

13C. UNANIMOUSLY VOTED: to authorize an award of bid to Mill City Construction, Inc., 7 Old Great Road, Lincoln, RI 02865 for window and door replacement at the Peace Dale Office Building, 1058 Kingstown Road in accordance with all bid specifications in an amount not to exceed $67,024 including a contingency of $4,000; and as further described in a memorandum from the Director of Leisure Services to the Town Manager dated December 22, 2015 and entitled “Bid Recommendation, PDOB Window and Door Replacement.”

13E. UNANIMOUSLY VOTED: to authorize an award of bid to WB Mason, 99 Bald Hill Road, Cranston, RI 02920 to furnish and install new children’s room furniture at the Peace Dale Library in an amount not to exceed $24,504, including a $3,196 contingency; and as further described in a memorandum from the Library Director to the Town Manager dated January 5, 2016 and entitled “Bid Recommendation – Children’s Room Furniture, Peace Dale Library, SK0015LI.”

UNANIMOUSLY VOTED: to adjourn at 8:17 PM.

Dale S. Holberton, CMC

Town Clerk