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WORK SESSION
JULY 26, 2021
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 26th day of July 2021 at 6:30 PM.
PRESENT: Abel G. Collins, President
Rory H. McEntee, Vice President
Deborah D. Bergner
Deborah J. Kelso
Jessica L. Rose
1. A. JOINT WORK SESSION 
Discussion with the Economic Development Committee and Recreation Commission regarding revitalization of the Saugatucket River and Park.
David Palazzetti, Chair, Recreation Commission and Rex Eberly, Interim Director of Parks and Recreation are present and review the history of Saugatucket Park improvements. The groups are proposing a conceptual plan for the park with improvements to the Frederick Law Olmsted originally designed park.
Larry Fish, Chair, Economic Development Committee (EDC) is present and discusses the history of the Bell family construction of buildings, schools, and the original hospital in town.
Randy Collins, landscape architect reviews the development of the concept plan.
Mr. Fish notes the EDC has already applied for their first grant, and are looking for Town Council support and approval.
Richard Youngken, Chair, Historic District Commission discusses Olmsted architecture throughout town including the University of Rhode Island and Shadow Farm, in addition to Saugatucket Park. Mr. Youngken discusses how improvements to Saugatucket Park could benefit Main Street, and whether the Wakefield Historic District could be amended to include the park.
1. B. WORK SESSION
The Town Council interviews Joanne Blessing relative to her interest in being reappointed to the Recreation Commission.
Discussion ensues relative to License Item 6A granting Victualling, Holiday Sales and Theatre Licenses to All South County Luxury Cinemas, LLC d/b/a All South County Luxury Cinemas at South County Commons.
Discussion ensues relative to License Items 6B and 6C granting Class F 19-Hour Beverage Licenses to the Southern RI Chamber of Commerce for the Taste of Southern Rhode Island event to be held on Thursday, September 23, 2021 and the Taste of Sugar event to be held on Friday, September 24, 2021 at Clark Farms in Matunuck.
Discussion ensues relative to Public Hearing Item 7A concerning an application for a Class B Victualler Liquor License by Taj, LLC d/b/a Taj Indian Restaurant and Bar, 49 South County Commons Way, Wakefield, RI.
Discussion ensues relative to Public Hearing Item 7B concerning submission of an application to the Rhode Island Office of Housing and Community Development (OHCD) for funding consideration under the Federal Small Cities Community Development Block Grant (CDBG) Program for the purpose of reviewing and obtaining citizen’s views on the proposed application to support the Westerly Area Rest Meals (WARM) acquisition of Welcome House of South County in the amount of $309,884.
Discussion ensues relative to Public Hearing Item 7C to consider proposed amendments to the Zoning Ordinance, Article 5 Supplementary Regulations that would add a new Section 502.7 Cottage Community.
Discussion ensues concerning Public Hearing Item 7D relative to the Town’s proposed utilization of Federal Assistance Funding under the American Rescue Plan Act of 2021.
Discussion ensues relative to Communication Item 8B concerning signage at Green Hill Beach.
Discussion ensues relative to Communication Item 8D concerning a request for a waiver of penalty on a late tax payment.
Discussion ensues relative to Communication Item 8G concerning the Warren Town Council’s proclamation of International Day of the World’s Indigenous Peoples and a Land Acknowledgement Statement.
Discussion ensues relative to Communication Item 8H regarding letters from the South Kingstown Library Board of Trustees to outgoing URI President David M. Dooley and incoming URI President Marc B. Parlange expressing concerns regarding parking at the Kingston Free Library.
Discussion ensues relative to Communication Item 8I from Councilwoman Bergner requesting a resolution recognizing members of the Union Fire District for saving the life of a man and his dog from a fire at their home.
Discussion ensues relative to Appointments Item 11B concerning selection of standard questions to be asked of applicants for the School Committee during the interview process.
Discussion ensues relative to New Business Item 12A affirming or amending the Town’s Liquor License Rules and Regulations, Section I. The current number of licenses for each class, in response to the application for a new liquor license by Taj Indian Restaurant.
Discussion ensues relative to New Business Item 12C authorizing Tax Abatement Request No. 589.
Discussion ensues relative to New Business Items 12D, E and F authorizing contracts for the Wastewater Division emergency septage building pumpout and the purchase of chemicals.
Discussion ensues relative to New Business Item 12G authorizing an award of bid to Martone Service Co. Inc. for painting and rehabilitation of the Peace Dale Office Building.
Discussion ensues relative to New Business Item 12H authorizing the purchase from Hayes Pump, Inc. of MISSION alarm systems for the Wastewater Division.
Discussion ensues relative to New Business Item 12I extending the Town’s Declaration of Emergency.
Theresa L. Murphy, Interim Town Manager notes that the COVID administrative leave for employees is not being extended at this time.
Michael A. Ursillo, Town Solicitor reviews the liquor application process.
The Interim Town Manager reviews the reinstatement of Open Meetings Act requirements and this evening’s hybrid meeting format. Discussion ensues relative to resuming TV broadcasting of meetings on public access television. Lori Ann Fox, IT Director explains the technology involved in live broadcasting, live streaming and associated costs.
Convened to Regular Session.
Susan M. Flynn, CMC
Town Clerk
REGULAR SESSION
JULY 26, 2021
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 26th day of July 2021 at 7:30 PM.
PRESENT: Abel G. Collins, President
Rory H. McEntee, Vice President
Deborah D. Bergner
Deborah J. Kelso
Jessica L. Rose
1. C. REGULAR SESSION
2. PLEDGE OF ALLEGIANCE TO THE FLAG
The Pledge of Allegiance to the flag is given.
3. ROLL CALL
Roll Call is taken and all members are present.
4. APPROVAL OF MINUTES OF PREVIOUS MEETINGS
A. Work Session: UNANIMOUSLY VOTED: that the minutes of the Work Session held on July 12 are accepted, approved and placed on file.
B. Regular Session: UNANIMOUSLY VOTED: that the minutes of the Regular Session held on July 12, 2021 are accepted, approved and placed on file.
C. Closed Executive Session: UNANIMOUSLY VOTED: that the minutes of the Closed Executive Session held on July 12, 2021 are accepted.
5. CONSENT AGENDA
UNANIMOUSLY VOTED: to approve the Consent Agenda as indicated by (CA) on same.
(CA) 6D. UNANIMOUSLY VOTED: to grant a Victualling License to Roba Rustico, LLC d/b/a Pizzeria Mezzo, 32 Old Tower Hill Road, Wakefield, RI 02879. Application by John Russo, Member; Renewal. License No. 60635.
(CA) 6E. UNANIMOUSLY VOTED: to grant a Tourist Accommodation License to Levon Kasparian d/b/a Admiral Dewey Inn, 668 Matunuck Beach Road, Wakefield, RI 02879 limited to 12 spaces only. Application by Levon Kasparian; Renewal. License No. 61726.
(CA) 6F. UNANIMOUSLY VOTED: to grant Holiday Sales and Farm Retail Sales Licenses to Clark Farms, Inc. d/b/a Clark Farms, 2984 Comm. O.H. Perry Highway, Wakefield, RI 02879. Application by Richard Clark, President; Renewal. License No. 71030.
(CA) 8A. UNANIMOUSLY VOTED: that an email dated July 11, 2021 from Bob Hicks concerning his interest in being appointed to the School Committee is received and placed on file.
(CA) 8C. UNANIMOUSLY VOTED: that an email dated July 12, 2021 from School Committee member Kate Macinanti concerning appointments for the two open seats on the School Committee is received and placed on file.
(CA) 8E. UNANIMOUSLY VOTED: that an email dated July 15, 2021 from Margie Bucheit and William Ohley concerning the new hunting policy at the Trustom Pond National Wildlife Refuge is received and placed on file.
(CA) 8F. UNANIMOUSLY VOTED: that an email dated July 19, 2021 from Stephen Dahl concerning Zoom access to Town Council meetings is received and placed on file.
(CA) 8J. 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) 12B. UNANIMOUSLY VOTED: to authorize the Town Clerk to advertise for Order of Notice a Public Hearing relative to an application for expansion of a license to keep and sell alcoholic beverages in South Kingstown in accordance with the General Laws of 1956, as amended, as follows:
CLASS B VICTUALLER LIQUOR LICENSE
Application for expansion of a Class B Victualler Liquor License by 629 Succotash, LLC d/b/a Matunuck Oyster Bar, 629 Succotash Road, Wakefield, RI by Perry Raso, Member for the 1,500 square foot rooftop deck that was previously constructed to accommodate the allocation of seating due to COVID-19 restrictions, conditioned upon no music or amplified music allowed on the roof deck in accordance with a Special Use Permit granted November 18, 2020 by the Zoning Board of Review; and as further defined in a site plan dated July 20, 2021 on file in the Town Clerk’s office.
(CA) 12J. 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.”
6. LICENSES
A. Harold Plan, member, is present and after testimony and discussion it is
UNANIMOUSLY VOTED: to grant Victualling, Holiday Sales and Theatre Licenses to All South County Luxury Cinemas, LLC d/b/a All South County Luxury Cinemas, 30 Village Square Drive, Wakefield, RI 02879 subject to approval by the Union Fire District and RI Department of Health. Application by Harold Plan, Member, 23 Greystone Road, Nahant, MA 01908; New. License No. 71757.
B. Joe Viele, Executive Director, is present and after testimony and discussion it is
UNANIMOUSLY VOTED: to grant a Class F 19-Hour Beverage License to the Southern RI Chamber of Commerce for the Taste of Southern Rhode Island event to be held on Thursday, September 23, 2021 from 5 PM to 8 PM under a tent in the field at 2984 Commodore O.H. Perry Highway, Wakefield. Application by Joe Viele, Executive Director, 230 Old Tower Hill Road, Wakefield, RI 02879. License No. 71872.
C. Joe Viele, Executive Director, is present and after testimony and discussion it is
UNANIMOUSLY VOTED: to grant a Class F 19-Hour Beverage License to the Southern RI Chamber of Commerce for the Taste of Sugar event to be held on Friday, September 24, 2021 from 5 PM to 9 PM under a tent in the field at 2984 Commodore O.H. Perry Highway, Wakefield. Application by Joe Viele, Executive Director, 230 Old Tower Hill Road, Wakefield, RI 02879. License No. 71874.
7. PUBLIC HEARINGS
A. Notice having been duly given, a Public Hearing is held relative to an application for a license to keep and sell alcoholic beverages in South Kingstown in accordance with the General Laws of 1956, as amended, as follows:
CLASS B VICTUALLER LIQUOR LICENSE
Application for a Class B Victualler Liquor License by Taj, LLC d/b/a Taj Indian Restaurant and Bar, 49 South County Commons Way, Building 7, first floor, Wakefield, RI by Devendra Khadka, Member for the bar and dining areas; and as further defined in a site plan on file in the Town Clerk’s office.
Attorney John Kenyon is present and testifies. Devendra Khadka is also present and testifies, and after discussion it is
UNANIMOUSLY VOTED: to close the Public Hearing.
12A. New Business Item 12A is brought forward, and the Town Solicitor reviews the various classes of liquor licenses. Discussion ensues, and it is
UNANIMOUSLY VOTED: to amend the Town’s Liquor License Rules and Regulations, Section I. The current number of licenses for each class shall be authorized as indicated below, unless changed by a majority vote of the Town Council:
Class Number
A – Retail 4 maximum
B – Victualler 27 28
B – Tavern 2
B – Limited 5
B – Hotel 1
B – M 0
C 0
D – Club Full Privilege 1
D – Limited 0
F Five per year per organization
F – 1 Five per year per organization
T – Legitimate Theater 3
7A. The Council returns to a decision on Public Hearing 7A, and it is
UNANIMOUSLY VOTED: to grant an application for a license to keep and sell alcoholic beverages in South Kingstown in accordance with the General Laws of 1956, as amended, as follows:
CLASS B VICTUALLER LIQUOR LICENSE
Application for a Class B Victualler Liquor License by Taj, LLC d/b/a Taj Indian Restaurant and Bar, 49 South County Commons Way, Building 7, first floor, Wakefield, RI by Devendra Khadka, Member for the bar and dining areas; and as further defined in a site plan on file in the Town Clerk’s office. License 70907.
Said license is granted contingent upon the issuance of a Certificate of Insurance evidencing required liability coverage, compliance with all Town ordinances and regulations, the payment of any municipal taxes and user fees in arrears to the Town, and the correction of any fire code violations.
B. Notice having been duly given, a Public Hearing is held relative to the submission of an application to the Rhode Island Office of Housing and Community Development (OHCD) for funding consideration under the Federal Small Cities Community Development Block Grant (CDBG) Program for the purpose of reviewing and obtaining citizen’s views on the proposed application to support the Westerly Area Rest Meals (WARM) acquisition of Welcome House of South County in the amount of $309,884.
Brian Wagner, Senior Planner makes a presentation, noting that this is an affordable housing grant, not a small cities community development grant. Russell Partridge, Executive Director of WARM is present and describes the organization. A letter from the Planning Board dated July 22, 2021 providing their recommendation for approval is read and placed on file.
Bob Trager is present and comments in support of this application.
Discussion ensues, and it is
UNANIMOUSLY VOTED: to close the Public Hearing.
UNANIMOUSLY VOTED: to approve the submission of an Affordable Housing Application to the Rhode Island Office of Housing and Community Development (OHCD) for funding consideration under the Community Development Block Grant (CDBG) Program to support the Westerly Area Rest Meals (WARM) acquisition of Welcome House of South County in the amount of $309,884 as follows:
WHEREAS, funds are available under the Rhode Island Community Development Block Grant Program, administered by the Executive Office of Commerce, Office of Housing and Community Development; and,
WHEREAS, the Governor of the State of Rhode Island has authorized the Director of said Department/Office to disburse such funds; and,
WHEREAS, it is in the interest of the citizens of the Town of South Kingstown that application be made to undertake a local Community Development Block Grant Program.
Now, therefore, be it resolved by the Town Council of the Town of South Kingstown that the filing of this application for the amount of $309,884 to implement the activities proposed herein is hereby authorized and that Theresa Murphy, Interim Town Manager is hereby authorized and directed to file this application with the Office of Housing and Community Development, to provide any additional information or documents required by said office, to make any assurances required in connection with this program, to execute an agreement with the State of Rhode Island and to otherwise act as the Representative of the Town of South Kingstown in all matters relating to this application and any award which may be based upon this application.
C. Notice having been duly given a Public Hearing is held to consider proposed amendments to the Zoning Ordinance, Article 5 Supplementary Regulations that would add a new Section 502.7 Cottage Community.
James Rabbitt, Director of Planning makes a presentation.
A letter from the Planning Board dated July 19, 2021 providing their recommendation for approval is read and placed on file.
The amendments propose a maximum density of thirty units and provide design guidelines. Regulations promote infill development and affordability. Common elements include 1 ½ story buildings with common open space, front porches. There are guidelines for architectural design. Cottage zoning development is based on central services being required, limiting permits to the R10 and R20 zoning districts. An 18 month sunset provision is included so that the success of the ordinance can be evaluated.
Wayne Cahoone is present and comments on the effect of overlay district regulations.
Maria Mack, Acting Chair of the Planning Board speaks via Zoom regarding the intent of the ordinance to create housing choices and allow for extra density in areas with public sewer and water.
Discussion ensues, and it is
UNANIMOUSLY VOTED: to close the Public Hearing.
UNANIMOUSLY VOTED: to adopt amendments to the Zoning Ordinance, Article 5 Supplementary Regulations that add a new Section 502.7 Cottage Community as presented, incorporating the Planning Board’s Findings of Fact and Findings of Consistency with the Comprehensive Community Plan contained in a letter from the Chair dated July 19, 2021, as follows:
AMENDMENTS TO THE ZONING ORDINANCE
ARTICLE 5. SUPPLEMENTARY REGULATIONS
*****
ADD:
502.7 Cottage Community
A. Purpose. The purposes of this section, Cottage Community, are to:
1. Provide housing types that are responsive to changing household demographics (e.g., retirees, young people entering the workforce, small families, single parent households, single person households, dual owner households);
2. Provide more opportunities for low to moderate income (LMI) housing within single-family neighborhoods;
3. Encourage creation of functional usable open space in residential communities;
4. Promote neighborhood interaction and safety through design; and
5. Ensure compatibility with neighboring uses.
B. Applicability. The Planning Board may approve, as a Major Land Development Project, a Cottage Community in the Town’s R10 and R20 Zoning Districts, as defined in Map 6.1, Sewer Service Areas, Town of South Kingstown Comprehensive Community Plan, 2014 as amended and adopted, unless the proposed Cottage Community Development is within the Town’s Historic Overlay District as defined by Article 6, §600 of the Zoning Ordinance where they are prohibited.
1. A Cottage Community shall only be allowed on lots that have existing access to water and sewer service or where the applicant can demonstrate that new water and sewer access will be provided prior to occupancy.
C. Procedures. Applications for Cottage Community approval shall be made in accordance with the procedures for approval of a Major Land Development Project per the Town’s Subdivision and Land Development Regulations.
D. Inclusionary Zoning. Any Cottage Community is subject to the Inclusionary Zoning requirements of Sec. 502.6.
1. The maximum density shall be eight (8) cottage units per developable acre of land.
2. An individual cottage development shall contain a minimum of six (6) dwelling units and may contain a maximum of thirty (30) dwelling units.
3. None of the provisions of this subsection shall be interpreted as removing any density limitations or nutrient loading limitations that may be required by RIDEM or RICRMC for specific areas.
1. A Cottage Community may be developed with dwelling units on separate lots, a single lot, or a combination thereof.
2. No detached accessory buildings shall be allowed except shared community structures such as storage sheds, garages, utility structures, or similar common facilities.
3. Dwelling units shall be separated by a minimum of ten (10) feet from the side edge of one building to another. Where attached architectural features such as eaves, window bays, bulkheads, etc. project into the space between residences, the ten (10) foot separation shall be measured from the outside edge of these features.
4. Dwelling units not abutting or oriented towards a right-of-way shall front the common open space.
5. The first floor area of each cottage unit shall not exceed 900 square feet (foot print) not inclusive of any porch or deck area. Where a second floor is included, the habitable area of the second floor shall not exceed 50% of the ground floor area.
6. Dimensional requirements for porches shall comply with Subsection H.2. Porches.
7. The distance between the front building edge and the right of way or the edge of the common space shall be at least fifteen (15) feet.
8. The building height for all structures shall not exceed twenty-five (25) feet. Where included, the second floor area shall primarily be located under the pitched area of the roof as a half story, with the spring point for the eave starting no higher than (3) feet above the finished floor, and with no more than fifty (50) percent of the roof length interrupted by dormers. In no instance shall the first floor exterior walls exceed 14 feet in overall height.
9. Dwelling units shall have a minimum 6:12 roof pitch. Portions of a roof with a pitch less than 6:12 shall be limited to architectural features such as dormers, porch roofs, and shed roofs.
10. No building in the cottage community shall be closer to an adjacent property line than the required side yard setback of the zoning district of any adjacent property.
11. Accessory dwelling units are not allowed within a Cottage Community.
1. A minimum of 250 square feet of common open space shall be provided per dwelling. However, not less than 3,000 square feet of common area shall be provided regardless of number of dwelling units.
2. No dimension of a common open space area used to satisfy the minimum square footage requirement shall be less than 20 feet, unless part of a pathway or trail.
3. Required common open space shall be divided into no more than two separate areas per cluster of dwelling units.
4. Common open spaces shall have dwelling units that face each other across the common open space.
5. Common open space shall be designed for passive or active recreational use. Examples may include but are not limited to courtyards, orchards, landscaped picnic areas, or gardens. Common open space shall include amenities such as seating, landscaping, trails, gazebos, outdoor cooking facilities, covered shelters, or ornamental water features.
6. The Planning Board may allow stormwater drainage facilities within the common open space if it finds that the drainage areas are designed as a fully integrated part of the overall common open space landscape plan which incorporates the types of design features and amenities noted above in Sec. 502.7.G.5, and are designed to facilitate infiltration and recharge.
7. All dwelling units shall have dedicated access ways to the common open spaces.
H. Private Open Space.
1. Intent. A sense of community requires the right balance of personal privacy. Private open space is an essential component of this balance. A ‘front’ yard creates a transition between public and private spaces, while a ‘side’ or ‘back’ yard offers increased seclusion.
2. Location. A semi-public transition zone and semi-private porch shall separate the main entrance to the dwelling from the common open space or street. This transition zone should include some combination of fencing, plantings, and or railings, none of which may exceed 36 inches in height. Private open space may be located in the side and/or rear yards.
3. Size. Each residential unit shall be provided with a minimum of 200 square feet of usable private open space, with no dimension less than 10 feet. Such open space requirements may be met with a combination of front, side or rear yard locations.
I. Cottage Building and Fence Design Standards. In addition to the dimensional regulations in Article 4, and the standards contained in South Kingstown, RI - Cottage Community Regulations Design Guidelines - Bulletin #1 (July 2021), the following building design standards shall apply:
1. Variety in Building Design. The same combination of building elements, features, and treatments shall not be repeated on individual dwelling units for more than one-third of the total dwelling units in a CCD. Dwelling units with the same combination of features and treatments shall not be located adjacent to each other. The following building design features are required:
· Variation in general architectural elevation and size
· Predominant wall materials shall be or have the appearance of wood, brick or stone, shall be made of a paintable material, and may be painted or coated in a nonmetallic finish. Vinyl siding materials are prohibited unless such products have the appearance of natural wood (i.e. CertainTeed Signature Cedar Impressions Siding products or AZEK paintable trim material)
In addition, a minimum of five (5) of the following building elements, features, and treatments shall be provided in a manner that creates visual variety between adjacent structures and within clusters of cottage units:
· Variation in building stories (a mix of one- and one-and-a-half-story buildings)
· Variation in roof/building colors and/or materials
· Varying roof shapes or gables between adjacent structures
· Windows with visible trim and mullions
· Roof brackets
· Dormers
· Bay windows
· Entry enhancement such as a well detailed door (multi-panel or glass insert), sidelights, transoms, and/or roof extensions
· Attached trellis elements over windows or patios
· Exterior Chimney made of, or clad in, brick or stone
· Other building elements, treatments, features, or site designs approved by the code administrator that provide variety and visual interest
· Additional porches and patios (required porch not included)
2. Porches.
a) Cottage housing units shall have a covered porch of the primary entrance oriented to the common open space or the public street right of way as applicable.
b) The required front porch shall have a minimum sixty (60) square feet in area with a minimum dimension of six (6) feet and a maximum dimension of ten (10) feet on any side, except that:
i. A porch may extend, but is not required to extend, the full length of the front façade. The porch may also wrap around the cottage for a maximum length of twenty (20) feet along either side of the cottage. Note: listed this as an exception to b).
3. Fences. All fences interior to the development shall be no more than thirty-six (36) inches in height. Fence materials shall be or have the appearance of natural materials, such as wood, brick or stone, shall be made of a paintable material (i.e. Azek, Walpole Outdoor Fence products), and may be painted or coated in a nonmetallic finish. Chain link fencing is prohibited.
J. Parking
1. A minimum of 1 parking space per dwelling unit shall be provided for the entire cottage community. Parking spaces located within garages and driveways may count towards this requirement. Any parking spaces in excess of 1 per dwelling unit shall be designed with pervious materials such as pervious pavement, porous asphalt, gravel surfaces, grass or other similar pervious options. Parking spaces, whether uncovered or in garages or carports, shall not count toward the total floor area of a cottage unit, as described in subsection F.5.
2. Parking for individual dwelling units shall be combined into an individual facility or into parking clusters in order to facilitate housing clusters that are oriented to common open space areas.
3. Garage doors shall not be oriented towards a public right-of-way (i.e. street).
4. Garages and carports shall not be located between the common open space and the dwelling units.
5. Surface parking lots shall be broken into sub-lots of no more than fifteen (15) parking spaces. Any surface parking lot with more than seven (7) parking spaces shall contain at least one landscape island. Landscape islands shall:
a) Be a minimum of 144 square feet (18 ft. parking spaces) or 160 square feet (20 ft. parking spaces).
b) Have a minimum dimension of at least eight (8) feet at the widest point measured from the edge of pavement or back of curb where curbing is proposed.
c) Be located, graded and designed to pretreat stormwater runoff
d) Be planted with vegetation suited to the stormwater management strategy and resilient to the stressors anticipated in the parking area (e.g., heat, sand, etc.)
e) Include at least one deciduous shade tree of not less than two (2)-inch caliper and at least ten (10) feet in height at the time of installation.
f) Applicants may deviate from these standards where it can be demonstrated to the satisfaction of the Planning Board that stormwater management is not feasible because of the location of the island (i.e., upgradient) or other pre-existing site conditions.
6. Parking in the form of garages, carports, or surface lots may occupy no more than 40 percent of site frontage on a public right-of-way, except in the case of an alley, in which case no restriction applies.
7. Surface parking lots shall be set back twenty (20) feet from the outside perimeter of the cottage community. This setback can be reduced to below twenty (20) feet but never less than ten (10) feet along no more than 50% of the perimeter. Where the setback is less that twenty (20) feet a decorative and sturdy fence at least six (6) feet in height (measured from grade) shall be installed (See Section H for fence standards).
8. Surface parking lots of more than four (4) spaces, visible from a public right-of-way (not including alleys) or adjacent single-family uses or zones shall be screened by landscaping and/or architectural features, in accordance with Article XIII, Section G of the Subdivision Regulations.
9. Enclosed parking structures shall have a minimum 6:12 roof pitch and a maximum height of eighteen (18) feet. Portions of a roof with a pitch less than 6:12 shall be limited to architectural features such as dormers, porch roofs, and shed roofs. Parking structures shall also comply with the architectural elements required by Section H. (Cottage Building Design Standards).
K. Common Area Maintenance
1. Cottage developments shall be required to implement a mechanism that ensures the continued care and maintenance of common areas. All common areas shall be protected against further development and unauthorized alteration in perpetuity by appropriate deed restrictions. The Planning Board shall approve the form and content of all deed restrictions at the time of final approval of the application. Every deed restriction providing a maintenance guarantee shall contain the following provision:
“If the owners or their successors or assigns fail to maintain the common area, or fail to keep a Home Owners Association active and in good standing with the Rhode Island Secretary of State responsible for said maintenance, the Town may perform any necessary maintenance and enforce the payment for such costs, including reasonable attorneys' fees, by an action at law or in equity against the owners or their successors or assigns, or seek judicial relief to compel the owners to perform any necessary maintenance."
2. Ownership of the common area shall be conveyed to a corporation or trust owned or to be owned by the owners of lots or units within the cottage development or owners of shares within a cooperative development. If such a corporation or trust is used, ownership shall pass with conveyances of the lots or units. A typical example would be creation of a homeowner’s association or condominium association with authority and funding necessary to maintain the common areas.
L. Stormwater Management. All applications shall be required to meet RIDEM’s Stormwater Standards and shall conform to the Town's Subdivision and Land Development Regulations and Design Manual with particular regard for the need to encourage infiltration and groundwater recharge as opposed to detention or retention basins.
M. Sunset Provision. The provisions of §502.7 of this Zoning Ordinance shall expire as of 12:00 midnight on March 1, 2023, unless renewed by the Town Council in the same manner as the enactment of a new ordinance.
D. Notice having been duly given, a Public Hearing is held relative to the Town’s proposed utilization of Federal Assistance Funding under the American Rescue Plan Act of 2021.
Theresa Murphy, Interim Town Manager notes that the Town anticipates stimulus funding of $3 million in Non-Entitlement Aid to Municipalities, and $5.95 million in County-based Aid to Municipalities. Projects must meet the criteria of responding to the effects of COVID-19. The proposed spending plan reflects input from town staff, outside agencies and the community. Staff recommendations were prioritized during an evaluation process. Municipal investment in village revitalization is proposed to address economic recovery efforts, including private sector investment on a matching grant basis, in a total amount of $6.6 million. Municipal investment associated with the delivery of government services is proposed at $1.4 million. Funding for housing and non-profit social service agencies is proposed in the amount of $900,000.
Discussion ensues concerning the allocation of funds among the targeted village areas of Wakefield, Peace Dale, Lower Tower Hill, Kingston, West Kingston and Matunuck Beach.
Discussion ensued relative to the need to hire a dedicated grant and contract manager for a tw-year position to assist with administration of this program.
Timothy Murphy, Chair, Library Board of Trustees is present and speaks in support of purchasing a bookmobile for the library.
Kateri Collins, member, Bicycle – Pedestrian Advisory Committee is present and speaks in support of installing sidewalks along Route 108 (Kingstown Road).
Andrew Gilmartin is in attendance on Zoom and expresses concerns regarding future budget or staffing maintenance costs, homeowner relief, and public safety funding.
Joel Ewing-Chow, Chief of Police is present and reviews the proposal for public safety funding.
Kevin Sullivan is in attendance on Zoom and comments on traffic calming, infrastructure, help for residents, and future costs.
Discussion ensues, and it is
UNANIMOUSLY VOTED: to close the Public Hearing.
UNANIMOUSLY VOTED: to approve the proposed distribution of American Rescue Plan Act funds by category, as presented in the Interim Town Manager’s memorandum to the Town Council dated July 22, 2021 and entitled “Proposed American Rescue Plan Funding Program” as follows:
| American Rescue Plan Proposed Distribution | |
| Downtown/Village economic revitalization | |
| Public Sector Investment | $4,360,000 |
| Public/Private Sector | 2,282,500 |
| Sub-total | $6,642,500 |
| Response to negative economic impacts | |
| Housing | 400,000 |
| Social Service/non-profit (Grants) | 500,000 |
| Sub-total | $900,000 |
| Municipal Investment | |
| Focus on services that suffered detrimental effects | $1,407,500 |
| | |
| TOTAL ARP FUNDS | $8,950,000 |
8. COMMUNICATIONS
B. UNANIMOUSLY VOTED: that an email dated July 12, 2021 from Steve DeNigris concerning signage at Green Hill Beach is received, placed on file and referred to the Interim Town Manager.
D. UNANIMOUSLY VOTED: that an email dated July 13, 2021 from Kostia Rubchinsky requesting a waiver of penalty on a late tax payment is received and placed on file.
G. UNANIMOUSLY VOTED: that a letter dated July 21, 2021 from Kate Michaud, Town Manager providing the Warren Town Council’s proclamation of International Day of the World’s Indigenous Peoples and a Land Acknowledgement Statement adopted on July 13, 2021 is received, placed on file, and the Town Council voted to recognize International Day of the World’s Indigenous People on August 9th.
H. Discussion ensues, and it is
UNANIMOUSLY VOTED: that letters dated July 21, 2021 from Timothy Murphy, President on behalf of the South Kingstown Library Board of Trustees to outgoing University of Rhode Island President, David M. Dooley and incoming University of Rhode Island President, Marc B. Parlange, expressing concerns regarding parking at the Kingston Free Library are received, placed on file, and the Interim Town Manager is directed to continue discussions with the University.
I. Discussion ensues, and it is
UNANIMOUSLY VOTED: that an email dated July 22, 2021 from Councilwoman Deborah J. Bergner requesting a resolution recognizing members of the Union Fire District for saving the life of a man and his dog from a fire at their home is received, placed on file, and staff is directed to prepare a resolution for the next meeting and invite the UFD members to attend.
9. COMMENTS FROM INTERESTED CITIZENS
Council President Collins invites residents to come forward with comments.
Kateri Collins comments regarding appointments to the School Committee.
10. TOWN MANAGER’S REPORT
The Town Manager’s Interim Report dated July 15, 2021 and the Miscellaneous Report dated July 22, 2021 are accepted, approved and placed on file.
11. APPOINTMENTS
A. UNANIMOUSLY VOTED: to reappoint Joanne Blessing to the Recreation Commission for a term to expire in June 2024.
B. Discussion ensues regarding the consideration and selection of standard questions to be asked of applicants for the School Committee during the interview process, and it is decided that Councilwoman Kelso would consolidate the questions into themes. It is also decided to split the applicants into two groups, with half being interviewed at the Work Session on August 2nd at 7:00 PM and the other half being interviewed at an additional Work Session on August 4th at 7:00 PM, with appointments being made at the Regular Session on August 5, 2021 at 7:30 PM.
12. NEW BUSINESS
C. UNANIMOUSLY VOTED: to authorize the Tax Assessor to abate taxes in the total amount of $27,422.09, as shown on Tax Abatement Request No. 589.
D. UNANIMOUSLY VOTED: to authorize an award of contract to Inland Waters Pipeline Services, 275 Scituate Avenue, Johnston, RI 02919 for hauling services at the unit price of $1,250 per event, with funding from the Wastewater Enterprise Fund unassigned net assets; and as further described in a memorandum from the Public Services Director to the Interim Town Manager dated July 15, 2021 and entitled “Wastewater Division Emergency Septage Building Pumpout.”
E. UNANIMOUSLY VOTED: to authorize an award of contract to Evoqua Water Technologies, LLC, 28563 Network Place, Chicago, IL 60673 for Bioxide at the unit price of $2.86 per gallon; and as further described in a memorandum from the Public Services Director to the Interim Town Manager dated July 13, 2021 and entitled “Wastewater Division Proprietary Chemicals.”
F. UNANIMOUSLY VOTED: to authorize an award of contract to Atlantic Coast Polymer, Inc., 224 Commercial Boulevard, Suite 204, Lauderdale By The Sea, FL 33308 for APC345 polymer at the unit price of $2.23; and as further described in a memorandum from the Public Services Director to the Interim Town Manager dated July 13, 2021 and entitled “Wastewater Division Proprietary Chemicals.”
G. UNANIMOUSLY VOTED: to authorize an award of bid to Martone Service Co. Inc., 22 Sextant Lane, Narragansett, RI 02882 for painting and rehabilitation of the Peace Dale Office Building in accordance with bid specifications in an amount not to exceed $59,617, including a contingency, with funding appropriated from the Peace Dale Office Building Unassigned Fund Balance; and as further detailed in a memorandum from the Facilities Superintendent to the Interim Town Manager dated July 20, 2021 and entitled “Award of bid – Painting & Rehabilitation – Peace Dale Office Building.”
H. UNANIMOUSLY VOTED: to authorize the purchase from Hayes Pump, Inc., 66 Old Powder Mill Road, Concord, MA 01742 of MISSION alarm systems in an amount not to exceed $10,471, including a $1,000 contingency; and as further detailed in a memorandum from the Public Services Director to the Interim Town Manager dated July 21, 2021 and entitled “Wastewater Division Mission Alarm System – Emergency Procurement.”
I. UNANIMOUSLY VOTED: to extend the Town’s Declaration of Emergency adopted at an Emergency Session on March 15, 2020 and subsequently renewed on April 13, 2020, May 11, 2020, June 8, 2020, July 13, 2020, August 11, 2020, September 14, 2020, October 13, 2020, November 9, 2020, December 14, 2020, January 11, 2021, January 25, 2021, February 22, 2021, March 22, 2021, April 26, 2021, May 24, 2021 and June 28, 2021, as follows:
Town of South Kingstown
Renewed Declaration of Emergency
On March 15, 2020, pursuant to Sec. 3214 of the South Kingstown Home Rule Charter, the Town Council declared the existence of an emergency. The basis for the Council’s emergency declaration was the danger to health and life posed by the novel coronavirus known as COVID-19, as set forth in Governor Gina Raimondo’s Executive Order 20-02 dated March 9, 2020 declaring a state of emergency, and Executive Order 20-03 dated March 13, 2020 containing a supplemental emergency declaration. Governor Raimondo extended the state of emergency as set forth in Executive Order 20-23 on April 10, 2020, and it was further extended on May 7, June 4, July 3, July 31, September 2, October 2, November 2, December 2, December 22, 2020, January 19, and February 16, 2021. Governor Daniel McKee further extended the state of emergency on March 16, April 21, May 20, June 10, and July 9, 2021. The Town Council voted to extend the date of the local emergency declaration on April 13, 2020, and it was further extended on May 11, June 8, July 13, August 11, September 14, October 13, November 9, December 14, 2020, January 11, January 25, February 22, March 22, April 26, May 24, and June 28, 2021.
Since the Council’s declaration of emergency, the Governor of the State of Rhode Island has issued 182 further supplemental emergency declarations (as of July 16, 2021) relating to the COVID-19 pandemic, and circumstances continue to be of concern both locally, statewide, and nationwide. On July 9, 2021, Governor McKee issued Executive Order 21-65 further extending the state of emergency to August 6, 2021. Therefore, the Town Council deems it prudent to declare that a state of emergency continues to exist in Town, and hereby extends the end date of its emergency declaration from July 26, 2021 to August 10, 2021. The substance of the Council’s declaration of emergency remains in full force and effect, except to the extent that it has been superseded by an Executive Order of the Governor of the State of Rhode Island.
The Council hereby delegates the authority to the Interim Town Manager to take any and all actions deemed necessary to address the ongoing emergency. The Interim Town Manager shall report actions taken pursuant to this emergency declaration to the Council and to the public as soon as practicable, including ongoing updates on the Town’s website.
This Ordinance shall take effect immediately and remain in full force and effect until August 10, 2021 unless renewed, modified, or terminated by a subsequent ordinance. Provided, however, that if the statewide state of emergency is not extended by executive order of the Governor of the State of Rhode Island on or before August 6, 2021, this Ordinance shall expire on that date.
13. CLOSED EXECUTIVE SESSION
UNANIMOUSLY VOTED: to recess to Closed Executive Session at 10:52 PM pursuant to RIGL §42-46-5(a)(1) to discuss matters pertaining to investigative proceedings regarding allegations of misconduct, either civil or criminal re: AFL-CIO mailer.
Regular Session is reconvened at 11:21 PM, and it is
UNANIMOUSLY VOTED: to seal the minutes of the Closed Executive Session held pursuant to RIGL §42-46-5(a)(1) to discuss matters pertaining to investigative proceedings regarding allegations of misconduct, either civil or criminal re: AFL-CIO mailer.
It is noted that no votes were taken during the Closed Executive Session.
UNANIMOUSLY VOTED: to adjourn at 11:22 PM.
Susan M. Flynn, CMC
Town Clerk