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REGULAR SESSION

DECEMBER 11, 2023

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 December 2023 at 7:00 PM.

PRESENT: Rory H. McEntee, President

Michael K. Marran, Vice President

Patricia A. Alley

Deborah D. Bergner

1. A. CLOSED EXECUTIVE SESSION

UNANIMOUSLY VOTED: to recess to Closed Executive Session pursuant to RIGL §42-46-5(a)(2) to discuss matters pertaining to litigation re: Suffolk Realty, LLC v. South Kingstown Planning Board; and pursuant to RIGL §42-46-5(a)(5) to discuss matters related to the acquisition or lease of real property for public purposes.

Regular Session is reconvened at 7:31 PM, and it is

UNANIMOUSLY VOTED: to seal the minutes of the Closed Executive Session held pursuant to RIGL §42-46-5(a)(2) to discuss matters pertaining to litigation re: Suffolk Realty, LLC v. South Kingstown Planning Board; and pursuant to RIGL §42-46-5(a)(5) to discuss matters related to the acquisition or lease of real property for public purposes.

It is noted that one vote was taken during the Closed Executive Session.

2. WORK SESSION

Convened directly to Regular Session at 7:37 PM

Nichole Romane

Deputy Town Clerk

REGULAR SESSION

DECEMBER 11, 2023

PRESENT: Rory H. McEntee, President

Michael K. Marran, Vice President

Patricia A. Alley

Deborah D. Bergner

3. REGULAR SESSION

A. PLEDGE OF ALLEGIANCE TO THE FLAG

The Pledge of Allegiance to the flag is given.

B. LAND ACKNOWLEDGEMENT STATEMENT

The Land Acknowledgement Statement is read.

4. ROLL CALL

Roll Call is taken and four members are present. Councilwoman Rose is absent.

5. APPROVAL OF MINUTES OF PREVIOUS MEETINGS

A. Work Session: UNANIMOUSLY VOTED: that the minutes of the Work Session held on November 27, 2023 are accepted, approved, and placed on file.

B. Regular Session: UNANIMOUSLY VOTED: that the minutes of the Regular Session held on November 27, 2023 are accepted, approved, and placed on file.

C. Closed Executive Session: UNANIMOUSLY VOTED: that the minutes of the Closed Executive Session held on November 27, 2023 are accepted.

6. CONSENT AGENDA

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

(CA) 6A. UNANIMOUSLY VOTED: to grant Victualling Licenses for the year beginning December 1, 2023 to the following; Renewals:

A & S Investments LLC d/b/a Terminesi’s Earth & Ocean Peace Dale, 1283 Kingstown Road, Wakefield, RI 02879. Application by Albert Terminesi, Member. License No. 80735.

Baked by Jessica, 406 A Main Street, Wakefield, RI 02879. Application by Jessica Dyer, Owner. License No. 65314.

Gen-Care, Inc. d/b/a Subway @ Emporium, 99 Fortin Road, Kingston, RI 02881. Application by Paul Gencarelli, President. License No. 59750.

Isis Cakes, LLC d/b/a Isis Cakes, 221 Robinson Street, Wakefield, RI 02879. Application by Isis Brighton, Member. License No. 61756.

Town Made LLC, d/b/a Town Made 203 Main Street, Wakefield, RI 02879. Application by Ken Procaccianti, Member. License No. 75003.

Troy RI LLC d/b/a High One, 99 Fortin Road, Unit 131 Kingston, RI 02881. Application by Ali Kircan, Partner. License No. 78434.

Up Dog, LLC d/b/a Island Deli, 231 Old Tower Hill Road, Wakefield, RI 02879. Application by Michael Bucci, Member. License No. 61114.

(CA) 6B. UNANIMOUSLY VOTED: to grant Victualling and Holiday Sales Licenses for the year beginning December 1, 2023 to the following; Renewals:

Buffalo Gill’s LLC, d/b/a Buffalo Gill’s, 222 Rose Hill Road, Wakefield, RI 02879. Application by Brandon Gilley, Member. License No. 77313.

Cowabunga, 254 Robinson Street, Wakefield, RI 02879. Application by Michael Baffaro, Owner. License No. 61271.

Eteman LLC, d/b/a Kingston Convenience Mart, 2360 Kingstown Road, Kingston, RI 02881. Application by Ozcan Eteman, Member. License No. 68656

Four Seasons Food Mart LLC, d/b/a Four Seasons Food Mart, 99 Fortin Road, Kingston, RI 02881. Application by Muhammad Zubair, Member. License No. 60778.

Green Line Apothecary, LLC, d/b/a Green Line Apothecary, 245 Main Street, Wakefield, RI 02879. Application by Kenneth Procaccianti, Member. License No. 59216

Pipeline Restaurant, Inc. d/b/a Caliente Mexican Grill, 99 Fortin Road, Unit Kingston, RI 02881. Application by Franquin Rodezno, President. License No. 60978.

South County Donuts Inc., d/b/a Dunkin Donuts, 120 Fortin Road, Kingston, RI 02881. Application by Robert Batista, Vice President. License No. 59132.

(CA) 6C. UNANIMOUSLY VOTED: to grant Holiday Sales Licenses for the year beginning December 1, 2023 to the following; Renewals:

Kenyon Avenue Floral Co., Inc. d/b/a Kenyon Avenue Floral 243 Kenyon Avenue, Wakefield, RI 02879. Application by William Matson, President. License No. 59219.

Low Tide Jewelry Co., 1070 Kingstown Road, Wakefield, RI 02879. Application by Paula Quigley, Owner. License No. 69699.

Mattress Firm, Inc., d/b/a Mattress Firm 170004, 26 South County Commons Way, Wakefield, RI 02879. Application by Angela Brannon, Tax Department. License No. 61167.

Narrow River Kayaks, LLC d/b/a Narrow River Kayaks, 351 Liberty Lane, West Kingston, RI 02892. Application by Jason Considine, Member. License No. 79053.

Stone Cove Marina, Inc., d/b/a Stone Cove Marina,134 Salt Pond Road, Wakefield, RI 02879. Application by Steve Wood, President. License No. 59433.

Wakefield Music Co., d/b/a Wakefield Music 58 Main Street, Wakefield, RI 02879. Application by Dennis Costa, Owner. License No. 59770.

(CA) 6D. UNANIMOUSLY VOTED: to grant a Farm Produce License to Faella Farm, 1072 Saugatucket Road, Peace Dale, RI 02879. Application by Martha Faella, Owner; Renewal. License No. 59797.

(CA) 6E. UNANIMOUSLY VOTED: to grant a Firearms and Ammunitions License to Freedom Sports & Arms, Inc. d/b/a Revival Firearms, 236 High Street, Wakefield, RI 02879. Application by Danielle Martin, President; Renewal. License No. 79654.

(CA) 6F. UNANIMOUSLY VOTED: to authorize the Tax Assessor to abate taxes in the total amount of $1,287.33, as shown on Tax Abatement Request No. 631.

(CA) 6G. UNANIMOUSLY VOTED: to authorize an award of purchase to Ricoh USA Incorporated, PO Box 41564, Philadelphia, PA 19101-1564 for a multifunction copier in the amount not to exceed $6,478; as further described in a memorandum from the Director of Leisure Services to the Town Manager dated November 29, 2023 and entitled “Multi-Functional Copy Machine – Recommendation.”

(CA) 6H. UNANIMOUSLY VOTED: to authorize an award of contract to Best Tech Services, LLC, 34 Orange Street, Danielson, CT 06239 for installation of an enhanced security system to include electronic access points in the Public Safety Complex inclusive of all labor and materials in an amount not to exceed $5,963; as further described in a memorandum from the Director of Facilities to the Town Manager dated December 1, 2023 and entitled “Contract Recommendation: Electronic Access Security Points.”

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 new Class B Victualler Liquor License by New Wave Kitchen, LLC d/b/a New Wave Kitchen, 357 Main Street, Wakefield, RI by Matthew Reagan, Managing Member for the indoor dining area and 4 outside seats in accordance with a Special Use Permit granted by the Zoning Board of Review on September 20, 2023 and RI Public Laws Chapters 23-188 and 23-189; and as further defined in a site plan on file in the Town Clerk’s Office.

Matthew Reagan is present and testifes regarding this application.

There being no public comments, it is

UNANIMOUSLY VOTED: to close the Public Hearing.

9A. New Business Item 9A is brought forward, 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 28 29

B – Tavern 1

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

J – Limited 1

T – Legitimate Theater 2

7A. The Town Council returns to a decision on Public Hearing 7A, and it is

UNANIMOUSLY VOTED: to grant an application 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

Said license is contingent upon the issuance of a Certificate of Good Standing from the RI Division of Taxation, 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 proposed amendments to the Town Code, Chapter 14 Planning, Article I. In General, that would re-adopt Section 14-2. Affordable Housing Fund and eliminate the sunset provision.

Michael Ursillo, Town Solicitor reviews the purpose of re-adopting Section 14-2 and eliminating the sunset provision.

Discussion ensues relative to the reason a sunset provision had been adopted.

There being no public comments, it is

UNANIMOUSLY VOTED: to close the Public Hearing.

UNANIMOUSLY VOTED: to adopt amendments to the Town Code, Chapter 14 Planning, Article I. In General, to re-adopt Section 14-2. Affordable Housing Fund and eliminate the sunset provision, as shown as follows; and as further described in a memorandum from the Planning Director to the Town Manager dated October 16, 2023 and entitled “Request for Council Re-Authorization of Affordable Housing Fund Ordinance.”

Amendments to the Town Code

Chapter 14 Planning

Article I. In General

******

Sec. 14-2. Affordable housing fund.

(a) Legislative findings.

(1) Whereas there is a shortage of affordable and accessible housing in the Town of South Kingstown, as documented by the Town of South Kingstown Comprehensive Community Plan (the “Comprehensive Plan”);

(2) Whereas revenues, real property, and land may be received by the town through contributions from individuals, town appropriations or charitable organizations for the development of affordable housing;

(3) Therefore, the Town of South Kingstown hereby establishes an Affordable Housing Fund to encourage a range of affordable housing choices so that the town can continue to be home to a vital mix of people with a wide variety of income levels.

(b) Statement of purpose. To establish the South Kingstown Affordable Housing Fund (Fund) to: act as a source for funding of affordable housing development in the town; to increase the resources available to create and preserve affordable housing that will help meet the state’s goal of ensuring that ten percent (10%) of the town’s housing is affordable for low and moderate income (“LMI”) households, as required by the Rhode Island Low and Moderate Income Housing Act, RIGL §45-53-3(4); to revitalize South Kingstown's neighborhoods; to implement the town's Comprehensive Plan and more specifically its affordable housing production plan; and to assist the town to leverage additional outside resources which may be used to provide affordable housing.

(c) Establishment of the affordable housing fund. The Fund shall hereby be established by the town as a separate segregated account under the name of the South Kingstown Affordable Housing Fund, held and awarded by the town only for the implementation of those items established in this statement of purpose. The Fund shall be administered by the South Kingstown Finance Department.

(d) Administration of the affordable housing fund. The South Kingstown Planning Department shall staff and provide general administration of expenditures to the Fund. Overall financial management of the fund shall reside with the South Kingstown Finance Department.

(e) Oversight. The Affordable Housing Collaborative shall act as the advisory board for the Fund. The Affordable Housing Collaborative will recommend projects to the town manager during the application process. The town manager may recommend projects to the town council. The town council will make all final funding decisions and disposition of other assets held by the fund, except for applications for predevelopment funds of seven thousand five hundred dollars ($7,500.00) or less. Predevelopment requests are generally more time-sensitive in nature, so they call for an expedited approval process. Therefore, the town manager may award predevelopment funds of seven thousand five hundred dollars ($7,500.00) or less. The Affordable Housing Collaborative will make recommendations to the town manager on predevelopment applications of seven thousand five hundred dollars ($7,500.00) or less.

(f) Suitable contributions. The Fund may accept:

(1) Revenue from contributions directed to the Fund by Town Ordinance or state or federal law.

(2) Contributions from individuals, corporations, charitable or other organizations that are dedicated to and intended for the support of the production of affordable housing development in South Kingstown.

(3) Donations of land or real property appropriate to the development of affordable housing, on behalf of the Town of South Kingstown. The Town of South Kingstown would hold the title on the land or property until such time as an award or transferal is made pursuant to sub-section 2(k), below.

(4) Resources appropriated by the town or any other governmental entity.

The Fund, on behalf of the town, shall have the ability to hold land or real property for subsequent award, sale, or other disposition for the purpose of producing affordable housing.

Any assets remaining in the Fund at the end of any fiscal year shall be carried into the next fiscal year, including any land or real property, all interest and income earned, as well as any repayments or forfeitures of loans and grants.

(g) Application. Applications for awards from the Fund shall be submitted to the Planning Department and reviewed by the Affordable Housing Collaborative. Applications shall be made on forms prepared by the Planning Department, including: shall include:

(1) An application form;

(2) An attestation from the applicant, supported by appropriate documentation, that the project would not otherwise be able to proceed without the requested support;

(3) In the case of all for-profit development projects, evidence that the award will result in more affordable housing than would otherwise be required/provided by the town’s inclusionary zoning requirements or the state’s comprehensive permit procedures under RIGL § 45-53-4.

(h) Review & Recommendation. The Affordable Housing Collaborative shall review applications for awards during a public meeting and vote on a recommendation to the Town Manager. In making its recommendation, the Affordable Housing Collaborative shall consider the following factors:

(1) The project’s consistency with the goals and policies of the housing element of the town's Comprehensive Plan, specifically those sections addressing the production of affordable housing;

(2) The amount sought relative to: the financial status of the Fund, the overall cost of the project; and the number of LMI housing units to be created;

(3) The experience of the developer in building affordable housing projects relative to the size and complexity of the proposed project;

(4) Whether competing project proposals would make better use of Fund resources;

(5) Project location relative to walkable public transit, stores, services, employment and amenities;

(6) The needs of the town in terms of affordable rental units and ownership units;

(7) The degree to which a project is benefitting from or could benefit from other LMI housing programs;

(8) Such other specific considerations as the Affordable Housing Collaborative deems relevant to the furtherance of the town's goals and policies pertaining to the production of affordable housing.

(i) Awards. Awards will be made only to projects that are determined to be consistent with the goals and policies of the housing element of the town's Comprehensive Plan, specifically those sections addressing the production of affordable housing, and that contribute to the goal of insuring that ten percent (10%) of the town’s housing stock is affordable to LMI households. “Low or moderate income housing” is defined as federal, state or locally subsidized housing provided to LMI households pursuant to federal or state statute, or local ordinance and that will remain affordable for not less than thirty (30) years. (RIGL § 45-53-3(9)). In cases where an award includes the conveyance of real property owned by the town, the property shall remain dedicated for LMI housing purposes in perpetuity. Awards may be made for developments that provide either home ownership and/or rental opportunities to low and moderate income families in South Kingstown. Funded developments may include either new construction or the rehabilitation of existing structures, provided that the construction or rehabilitation increases the number of LMI housing units in the town of South Kingstown.

(j) Monetary Awards. Non-profit community development corporations, non-profit housing development organizations (including the South Kingstown Housing Authority and affiliated organizations), for-profit housing developers and owners of property in South Kingstown where LMI housing is proposed for development are eligible recipients for awards as outlined below. All monetary awards are subject to the availability of monies in the Fund.

(1) Construction costs: All eligible developers may apply for loans or grants for costs related to construction or rehabilitation work that results in the creation of new, additional, LMI housing units in the Town of South Kingstown.

(2) Predevelopment costs. Non-profit housing developers (including the South Kingstown Housing Authority) may apply for awards for predevelopment costs for projects that create new LMI housing units. Awards may be made in the form of grants or loans for expenses including, but not limited to: appraisals, Phase I and II Site Assessments, architecture and engineering (A&E) for Conceptual Master Plan review, legal and title review, initial engagement fees for Certified Monitoring Agents and other costs deemed necessary by the Affordable Housing Collaborative to move projects forward. If the total predevelopment costs of a project is within the means of the Fund, 100% of the required funding may be so provided. (Note: South Kingstown acknowledges that Fair Housing laws govern the occupancy of any units created in whole or in part with Fund dollars.)

(3) ADUs & Accessory apartments. South Kingstown residents may apply for monetary awards from the Fund for costs relating to the creation of accessory apartments on their properties that are deed-restricted as affordable dwelling units. Eligible expenses include predevelopment design costs, construction costs or costs associated with the engagement of a Certified Monitoring Agent.

(4) Form of monetary awards. All awards shall be in the form of forgivable loans. Loans will be forgiven if the owner records a legal deed restriction limiting occupancy of the dwelling unit to LMI individuals for a period of not less than thirty (30) years in accordance with state law prior to the issuance of a certificate of occupancy by the Building Inspector. All loans shall accrue interest at a rate of six percent (6 %) per annum from the date the loan is given. Where a deed restriction is recorded and a certificate of occupancy is issued within eighteen (18) months of the issuance of the loan, the loan and all accrued interest will be forgiven. Where no deed restriction is recorded, loans shall automatically become due and payable upon either the issuance of a certificate of occupancy or, where no certificate of occupancy is issued, eighteen (18) months from the issuance of the loan, whichever occurs first. Following the issuance of a certificate of occupancy, the property owner shall have one (1) year within which to petition the Affordable Housing Collaborative to forgive the loan upon a showing of good cause in exchange for recording the required deed restriction limiting occupancy of the dwelling unit to a LMI household for a period of not less than thirty (30) years.

(k) Non-Monetary Awards. Applications for awards of land or real property to support LMI housing production will be solicited through a formal request-for-proposals issued by the town and will only be awarded to projects that are consistent with the goals and policies of the housing element of the town's Comprehensive Plan, specifically those sections addressing the production of affordable housing.

(l) Other awards: The Affordable Housing Collaborative may consider such other requests for financial support from the Fund as it deems reasonable and likely to increase the supply of LMI housing in South Kingstown and consistent with the goals and policies of the housing element of the town's Comprehensive Plan, specifically those sections addressing the production of affordable housing. Such requests shall be submitted to the Affordable Housing Collaborative via a written application detailing the nature and extent of the project and the type, number, size and location of the new LMI housing units to be created by the project.

~~(m) Sunset provision. The provisions of this ordinance shall expire on May 1, 2023, unless reenacted by the South Kingstown Town Council.~~

~~Amendments adopted May 10, 2021~~

C. Notice having been duly given, a Public Hearing is held relative to proposed amendments to the Town Code, Chapter 9 Licenses and Miscellaneous Business Regulations, that would add a new Article IX. Rental Dwellings, as follows:

Proposed Amendments To The Town Code

Chapter 9

Licenses And Miscellaneous Business Regulations

Add:

ARTICLE IX. RENTAL DWELLINGS

Sec. 9-200. Applicability.

The provisions of this article shall apply to all rental dwellings/units within the town except those such as hotels, motels and tourist homes which are licensed pursuant to Chapter 18.

Sec. 9-201. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Record owner means the property owner of record, as identified by the town’s tax records.

Rental dwelling means any enclosed space which is wholly or partly used or intended to be used for occupants who are paying rent therefor.

Rental unit means any room or group of rooms located within a rental dwelling and forming a single habitable unit for living and sleeping by occupants who are paying rent therefor.

Sec. 9-202. Registration.

(a) Required. No rental dwelling/unit shall be let, leased or otherwise permitted to be occupied, in whole or in part, by a tenant for residential and/or dwelling purposes unless and until the record owner has registered such property with the building official.

(b) Form. The rental registration form shall indicate the tax assessor's plat and lot number, address of the rental dwelling/unit, the number of rental dwelling units and bedrooms therein, the name and permanent mailing address of the record owner, the maximum number of tenants at one time, and period of occupancy (summer, September to June, or other). All rental registration applications shall be signed by the record owner and properly notarized.

(c) Filing date; term. On or before December 31 of each year, the record owner of the rental dwelling/unit shall file the completed rental registration form with the building official, which registration shall be valid for a one-year period from January 1 to December 31 of the following year. If the property is registered during the calendar year, the registration shall be valid until December 31 of that same year.

Sec. 9-203. Posting of notice by owner.

The record owner shall post in plain view, in a conspicuous place within the rental dwelling/unit, a notice containing the ordinances of the town with regard to the dog leash law, trash disposal, parking restrictions, noise ordinance, dwelling occupancy limits, unruly gatherings, and any other pertinent ordinance or law which the council may deem appropriate from time to time. Such notices shall be available at the office of the building official. The record owner or any person in control or possession of said rental dwelling/unit subject to the provisions of this article, shall cause a copy of the current lease and registration form required by this article to be posted or affixed to the inside of the primary access door to said rental dwelling/unit so as to allow the lease and registration form to be readily available for inspection by police, zoning, building, or minimum housing officials of the Town of South Kingstown.

Sec. 9-204. Penalty for violation of article.

Record owners who violate the provisions of this article shall be subject to a minimum mandatory fine of five hundred dollars ($500.00).

Sec. 9-205. Fee.

To defray the cost of implementing and overseeing compliance with this article and to help defray the costs associated with the frequent use of town services, including, but not limited to public safety personnel, code compliance personnel and managerial personnel associated with the policing of rental dwellings, there shall be a registration fee of one hundred dollars ($100.00) for each rental unit covered under the provisions of this article. Any owner who is required to file the registration form on or before December 31 of each year, and who does not file on time, shall, in addition to any other applicable penalties provided for herein, be required to pay a late fee of three hundred dollars ($300.00).

Secs. 9-206 – 9-210. Reserved.

* * *

This Ordinance shall take effect upon passage.

James Manni, Town Manager explains that 26% of housing in South Kingstown is a short-term, seasonal or yearly rental and that the Town formed a committee comprised of the Town Manager, Deputy Town Manager, Building Official, Director of Planning, Zoning Enforcement Officer, Building/Zoning Administrative Associate, Tax Assessor, and Executive Assistant to the Town Manager to further assess rental registration. It is proposed to hold a work session and continue this item to the January 22, 2024 Town Council meeting.

James Gorman, Building Official presents rental registration regulations adopted by neighboring towns and notes the purpose of a local registration ordinance is to provide tools to local enforcement ensuring a safe and sanitary environment as well as stabilizing home ownership. Mr. Gorman also reviews the applicability of adopting rental regulations, current regulations the Town has in place, and data and statistical analysis of surrounding municipalities.

Discussion ensues relative to the rough data from the Roger Williams University @ Housing Works RI, 2023 Housing Fact Book and potentially hiring a consultant to research and compile more accurate rental data.

Council President McEntee invites residents to come forward with comments.

Roberta Mulholland is present and comments on the purpose for a rental registration ordinance and expresses concerns about increasing responsibility and costs to rental owners.

Discussion ensues relative to the purpose of a local rental registration ordinance since the RI Department of Business Regulation (DBR) has an existing state registry.

Mr. Gorman explains that DBR requires rental owners to register, but they are unable to verify property information. Adopting a rental registration program within the Town would assist in exercising better local control. Currently the Town is only notified of a rental property if there is a problem.

Discussion ensues relative to concerns of landlords getting around registry requirements, the proposed ordinance as currently written requires all rentals be registered, and the ability to refine the ordinance to include only certain types of rentals.

The Town Manager notes that enforcement of rental registration is non-existent and the state registry through DBR is optional. When the number of rentals within a town increases it can cause housing prices to increase, affecting the population of resident homeowners and students.

Further discussion ensues relative to including the Public Safety Department in the conversation at the January 22^nd Town Council meeting and including the Town of Newport in the statistical data.

Council President McEntee invites residents to come forward with comments.

Paul Plotkin is present and comments on his experience with a neighboring short-term rental, noise concerns, and that rentals are businesses within residential communities.

UNANIMOUSLY VOTED: to continue to January 22, 2024 a Public Hearing relative to proposed amendments to the Town Code, Chapter 9 Licenses and Miscellaneous Business Regulations, that would add a new Article IX. Rental Dwellings.

D. Notice having been duly given, a Public Hearing is held relative to proposed amendments to the Zoning Ordinance, reflecting new state laws that change various processes for review and approval of zoning and development applications. Amendments include revised standards for variances; revisions to table of permitted uses and addition of criteria for certain uses permitted by special use permit; revised procedure and criteria for modification of dimensional requirements; procedure for review of uses not listed in the table of permitted uses; reduced dimensional requirements for nonconforming lots; changes to regulations governing comprehensive permit applications; establishment of unified development review; revisions to development plan review process; regulations for adaptive reuse; and changes to the quorum requirement for the Zoning Board and votes required to approve applications.

Amy Goins, Assistant Town Solicitor reviews the proposed Zoning Ordinance amendments that implement the laws enacted by the General Assembly known as the “housing package” that go into effect January 1, 2024. The intention of the housing package is to address the shortage of housing within the state by streamlining and standardizing the local processes for review and approval of developments. The Planning Board under their authority will be adopting amendments to their Land Development & Subdivision Regulations. It is noted that it is important that the Town’s Zoning Ordinance reflects the changes in State law to ensure everyone is on the same page regarding the process.

Ms. Goins reviews the first category of amendments pertaining to procedural changes including notice requirements for applications and amendments to the Comprehensive Plan and Zoning Ordinance, abutters notices, posting certain applications to the Town website, and the elimination of the State Housing Appeals Board (SHAB). The second category pertains to amendments relating to affordable housing including changes to the Low- and Moderate-Income Housing Act governing comprehensive permit applications and optional inclusionary zoning. The Town currently has inclusionary zoning in place requiring that for a development with six or more housing units, 20% of the development must be deed restricted as affordable with a 20% density bonus. New state regulations raised the threshold to 25% with a density bonus of 2 market rate units for each one affordable unit. The third category pertains to amendments affecting zoning and planning applications including new requirement that any use designated under a special use permit must have specific and objective standards, unified development review, revised standards for variance applications, reduced dimensional requirements for undersized lots and prohibition against some lot mergers, mandatory zoning modifications, changes to abutters notice requirements, and the option to allow the Town Council to appoint members to the Technical Review Committee instead of the Planning Board.

Ms. Goins reviews amendments to adaptive reuse with the intent to support housing by allowing existing commercial buildings to be converted to residential use or mixed use. This does not authorize footprint expansion and must still meet certain minimum density standards.

Discussion ensues relative to multi-use zoning in comparison to the new adaptive reuse regulations.

James Rabbitt, Director of Planning and notes that adaptive reuse is specific to the reuse of a building.

Discussion ensues relative to potential litigation against the mandates to push back the effective date and concerns relative to maintaining local control.

Ms. Goins explains that it is recommended to amend the Zoning Ordinance as presented and that the Town Council can consider directing Staff to present concerns to the General Assembly.

Discussion ensues relative to non-conforming uses and regulations, specific criteria for special use categories, potentially placing an item on the next Agenda directing Staff to send a letter to the legislators asking for an additional six months to clarify and create language, inclusionary zoning amendments, the benefits and drawbacks of retaining inclusionary zoning regulations, proposed amendments to the Schedule of Use Regulations Table, and the Planning Board’s ability to create specific criteria for uses designated under a special use permit.

Ms. Goins notes that amendments can be made to the Schedule of Use Regulations Table after the implementation of this proposed ordinance and the Town Council can request the Planning Board to provide frequent updates to the Town Council.

Further discussion ensues relative to the consequences of not implementing the new State laws by January 1^st, the ordinance templates provided by the State to assist Towns in drafting these amendments, the constricted timeframe to prepare these extensive amendments to present to the Town Council, unified development review through the Planning Board for applications that need zoning relief, and the proposed amendments keep the Planning Board as the appointing body for the Technical Review Committee.

Maria Mack, Planning Board Chairperson comments on the volume of effort within a short period of time to prepare the proposed amendments, standards that need to be written for every special use within the Schedule of Use Regulations Table, the amendments to inclusionary zoning regulations, and the likelihood of litigation being brought to the legislators by other municipalities. Ms. Mack asks that the Town Council send a letter to the legislators requesting an extension of time, greater degree of flexibility, and resources to assist in further preparation of additional amendments.

Discussion ensues relative to the Planning Board’s recommendations on inclusionary zoning, subject matter within the letter to legislators if the Town Council were to request that, and the new laws going into effect on January 1^st whether the Town Council adopts the proposed amendments or not.

The Town Council requests that a draft letter for the legislators be brought to the January 8, 2024 Town Council meeting for review and approval.

Council President McEntee invites residents to come forward with comments.

Bob Trager is present and comments on inclusionary zoning and the new Town Council Chamber audio visual system.

UNANIMOUSLY VOTED: to close the Public Hearing.

UNANIMOUSLY VOTED: to adopt amendments to the Zoning Ordinance as revised, reflecting new state laws that change various processes for review and approval of zoning and development applications. Amendments include revised standards for variances; revisions to table of permitted uses and addition of criteria for certain uses permitted by special use permit; revised procedure and criteria for modification of dimensional requirements; procedure for review of uses not listed in the table of permitted uses; reduced dimensional requirements for nonconforming lots; changes to regulations governing comprehensive permit applications; establishment of unified development review; revisions to development plan review process; regulations for adaptive reuse; and changes to the quorum requirement for the Zoning Board and votes required to approve applications; as follows:

Amendments Appendix A – Zoning Ordinance

* * *

Article 2. Nonconformance.

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Sec. 205. Single nonconforming recorded lots.

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B. ~~Compliance with other sections.~~ Nothing in this section shall be construed as exempting single nonconforming lots of record from complying with (i) the maximum percentage of lot coverage of principal and accessory buildings, (ii) maximum building height and accessory building set-back requirements, as contained in section 401 for the zoning district in which such lot is located and (iii) the building setback provisions of section 207. Any lot meeting those requirements shall be considered as a conforming lot of record for single household residential purposes. Notwithstanding the failure of a single substandard lot of record or contiguous lots of record to meet the dimensional and /or quantitative requirements of this zoning ordinance, and/or road frontage or other access requirements applicable to the district as stated in the ordinance, a substandard lot of record shall not be required to seek any zoning relief based solely on the failure to meet minimum lot size requirements of the district in which such lot is located. The setback, frontage, and/or lot width requirements for a structure under this section shall be reduced and the maximum building coverage requirements shall be increased by the same proportion as the lot area of the substandard lot is to the minimum lot area requirement of the zoning district in which the lot is located. All proposals exceeding such reduced requirement shall proceed with a modification request under Sec. 905 or a dimensional variance request under Sec. 907, whichever is applicable.

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~~Sec. 207.~~ ~~Nonconforming lots of record-Building setback requirements.~~

[Delete in entirety]

~~Sec. 208.~~ ~~Nonconforming lots of record-Accessory building setback requirements.~~

[Delete in entirety]

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Article 3. Use Regulations.

Sec. 300. Schedule of use regulations.

C. Uses not listed. Where any proposed use is not listed in this section or in appendix A, it shall be the duty of the zoning enforcement officer (ZEO) to determine if the use is substantially similar to any existing use code. If the ZEO determines that the proposed use is not substantially similar to any existing use code, then such use shall be prohibited in all zones. A decision of the ZEO, either to classify a proposed use with an existing use code, or to prohibit the use, shall be appealable to the zoning board as set forth in article 9. the property owner may submit a written request to the zoning enforcement officer (ZEO) for an evaluation and determination of whether the proposed use is of a similar type, character, and intensity as a listed use requiring a special-use permit. The ZEO will have 30 days to provide a written evaluation to the property owner. Upon such determination, the proposed use may be considered to be a use requiring a special-use permit. If the ZEO determines that the proposed use is not substantially similar to any existing use code, then such use shall be prohibited in all zones.

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Article 5. Supplementary Regulations.

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Sec. 502. Supplementary dimensional regulations.

502.6. Inclusionary zoning.

(See definition in article 12) Note: the provisions of this article are in addition to those contained in article 5, section 502.5, Flexible design residential projects.

A. Purpose. The purposes of this section, inclusionary zoning, are:

1. To promote affordable housing production in the town in accordance with the goals and policies of the South Kingstown Comprehensive Community Plan's Housing Element and Affordable Housing Production Plan;

2. To encourage the development and availability of housing that qualifies as low and moderate income housing as mandated by G.L. 1956, § [Ch.] 45-53, the Rhode Island Low and Moderate Income Act, and the Rhode Island Comprehensive Housing Production and Rehabilitation Act of 2004, as amended;

3. To promote mixed income household occupancy in new subdivisions and land development projects throughout the town;

4. To encourage and perpetuate the historic diversity of the community through the development of housing and housing for all populations within the town, including, but not limited to, housing for the resident workforce and housing for special needs populations;

5. To allow landowners and/or developers a reasonable return on their investment through the provisions of density bonuses to write down land and infrastructure development costs as part of a municipal subsidy program for the construction and/or rehabilitation of affordable housing units.

B. Applicability. This section shall be applicable in all zones permitting residential development where the applicant proposes a development ~~that would be classified as a major subdivision (six (6) residential units or greater) or major land development project under the South Kingstown Subdivision and Land Development Regulations.~~ of six (6) or more additional housing units or buildable vacant house lots.

C. Permitted uses

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2. Accessory apartments per section 503.2 may be permitted as inclusionary units required under this section at the discretion of the planning board.

D. Approval procedure. The planning board may approve a major subdivision/land development project as a standard subdivision, flexible design residential project (FDRP) or land development project in zoning districts where allowed in article 3 of this ordinance. Such applications shall comply with the standards of this section and shall also be considered in accord with the procedures and standards outlined in the South Kingstown Subdivision and Land Development Regulations.

E. Base density calculation, inclusionary requirements and targeted populations. The parcel or site density permitted under these inclusionary provisions shall be calculated by first determining the number of lots (or dwelling units) which could reasonably be expected to be developed upon the site under a yield plan as defined under article 12 of this ordinance. This is the "basic maximum number" of lots (or units) for the parcel. A minimum of twenty (20) percent of the basic maximum number of lots/units must be affordable to low and/or moderate income households as defined under G.L. 1956, § 45-53, Low and Moderate Income Housing Act. Where such calculation yields a fraction of a unit and such fraction is five-tenths (.5) or above the requirement shall be rounded to the next higher, whole number. Consistent with the South Kingstown Affordable Housing Production Plan, the state strategic plan for housing and CHAS (comprehensive housing assistance strategy) the planning board shall target inclusionary units to different income and need groups as identified therein. To facilitate such targeting and ensure that inclusionary units are well integrated into the subdivision or land development project, the planning board shall have the authority to specify the type and location of unit(s) to be constructed, the size and scale of these units or lots in relation to the market rate units or lots in the development, establish general design parameters for the inclusionary units and determine a construction time table for construction.

F. Zoning incentive. For all subdivisions, flexible design land development projects and land development projects that are subject to the provisions of this section, a zoning incentive increasing the basic maximum number of lots or dwelling units by a factor of 1.2 shall be required. Units required under the zoning incentive provisions of this section shall count toward the maximum zoning incentive permitted under subsection 502.5.E of this ordinance. The requirement for such inclusionary units shall constitute a municipal government subsidy as defined under the RI Low and Moderate Income Housing Act and this ordinance. The developer shall be further required to prepare a second yield plan that depicts the incentive units required under this section, in addition to the "basic maximum number" cited in subsection E. above.

G. Inclusionary units, deed restriction requirements. All inclusionary units required under this section shall meet the definition of "low and moderate income housing" as defined in G.L. 1956, § 45-53-3; provided however that units and/or lots generated under these inclusionary provisions shall remain affordable for a minimum period of ninety-nine (99) years. Further provided that any for-sale lots or units shall be sold or conveyed to persons or households earning up to eighty (80) percent of the area median income (AMI) for South Kingstown as defined by the U.S. Department of Housing and Urban Development.

The developer of inclusionary units must contract with a monitoring agency that will qualify home buyers and/or renters for initial occupancy, determine pricing and resale or transfer of dwelling units in accordance with RI Housing and Mortgage Finance Corporation regulations and standards. Rhode Island Housing and the town shall be a party to any such monitoring agreement. Long-term affordability shall be guaranteed through the recording of restrictions on the sale, transfer and ownership of the unit through the appropriate legal documents and monitoring agreement.

H. Off-site exactions.

1. Purpose. It is acknowledged that every subdivision proposal and project site may not be compatible with the goals of this inclusionary zoning ordinance. Therefore, the planning board, at its sole discretion, may exempt a major subdivision or major land development project a development from the requirement to provide affordable units on-site, and instead require an off-site exaction. The planning board will only allow off-site exactions when, in its determination, it would not be feasible to provide affordable units on-site, or when it determines that the off-site alternative would be more beneficial to the town than the on-site affordable units.

~~2. Off-site options. The following off-site exactions may be allowed by the planning board:~~

~~(a) Off-site rehabilitation of existing buildings to create affordable units, preferably in the housing corridors identified in the South Kingstown Affordable Housing Production Plan.~~

~~(b) Off-site new construction of affordable units.~~

~~(c) Donation of developable land to the town, subject to a planning board-approved yield plan showing the number of buildable lots on the subject parcel.~~

In all cases, the town would require a federal, state, or local subsidy for the affordable units, so that the units can count towards the state's ten (10) percent low moderate income housing inventory.

3. Progression of affordable housing options. In all instances it is the town's strong preference that the affordable units be constructed on-site as part of the development proposal. The use of off-site exactions is intended to be a last resort. Before considering the use of an off-site exaction, the planning board must first make a finding that it would be infeasible to develop the affordable units on-site because of environmental, public health, public safety, and/or regulatory reasons, or that the off-site alternative would be more beneficial to the town than the on-site affordable units. The following is the town's preferred progression of affordable housing options:

~~First preference: Affordable units developed on-site.~~

~~Off-site options:~~

~~(a) Off-site rehabilitation of existing buildings to create affordable units, preferably in the housing corridors identified in the town's affordable housing production plan.~~

~~(b) Off-site new construction of affordable units.~~

~~(c) Donation of developable land for affordable units.~~

4. Off-site development.

(a) Any off-site development of affordable housing (rehabilitation or new construction) shall comply with all the requirements for inclusionary units described in sections 502.6 E. and G., and is entitled to the exemptions described in sections 502.6 I., J., and K.

(b) Any required off-site affordable units shall be developed concurrently with the market rate units of the subject subdivision or land development project, in phases if necessary. Building permits for the market rate units shall not be issued until building permits for the affordable units have been issued. Certificates of occupancy for the market rate units shall not be issued until certificates of occupancy for the affordable units have been issued. At its discretion, the planning board may modify the requirements of this section on a case by case basis by establishing a schedule or rate of development for production/rehabilitation of off-site affordable units. Where such modification is permitted the planning board shall provide this in writing and incorporate the schedule or rate of development requirements in its written decision on the project.

(c) Donation of existing units without any rehabilitation does not meet the definition of "low and moderate income housing" as defined in G.L. § 45-53-3, and therefore is not acceptable under this ordinance.

5. Density bonuses and off-site exactions. Any subdivision or land development project that utilizes an off-site option in place of developing the required affordable units on-site shall be entitled to a density zoning incentive as described in section 502.6 F.

I. Modification of lot requirements for inclusionary units. To encourage good design and to reduce construction, land and infrastructure costs the planning board shall have the discretion to modify (or require the modification of) minimum dimensional standards for inclusionary dwelling units/lots. Such modifications shall be in accord with the standards and requirements set forth in subsection 502.5.F of this ordinance.

J. Exemption from development pacing and phasing. Required inclusionary dwelling units in major land development projects, major subdivisions or as off-site exactions shall be granted permits within the time limits prescribed in the RI State Building Code, regardless of the availability of permits within the current quarterly quota, and shall not be subject to the procedural requirements of subsection 1102.10 or the priority criteria of subsection 1102.8.

K. Fair share development fee exemption. Per subsection 1101.D.1. of this ordinance, required inclusionary dwelling units in major land development projects, major subdivisions or as off-site exactions shall be exempt from payment of fair share development fees for both school facilities and open space, conservation, park and recreation land and/or facilities.

D. Affordability requirements.

For all applicable projects, at least twenty five percent (25%) of the units within the project must qualify as affordable housing, as defined by RIGL 42-128-8.1(d)(1).
Fractional units. Where the required number of affordable units results in a fraction the applicant shall round up to the nearest whole number.
A Town-approved monitoring service agreement with a qualified organization.

E. Off-site option.

The planning board, at its sole discretion, may allow an applicant of an inclusionary zoning project to comply with the inclusionary zoning requirement by constructing inclusionary units on a site other than that on which the project is located. The following may be required by the planning board for such off-site construction.

Off-site rehabilitation of affordable units in existing buildings.
Off-site construction of affordable units.

Provisions of off-site inclusionary units shall be subject to the following conditions:

Off-site inclusionary units shall have a certificate of occupancy prior to, or simultaneous with, the occupancy of market-rate units.
New off-site units shall be compatible in architectural style to the existing units in the surrounding neighborhood in which they are being constructed.
Renovated off-site units shall be in full compliance with all applicable construction and occupancy codes and shall be sufficiently maintained or rehabilitated so that all major systems meet standards comparable to new construction.

F. Incentives.

The number of housing units allowable on the site or sites involved shall be increased to two market rate units for each affordable unit and the minimum lot area per dwelling unit normally required in the applicable zoning district shall be reduced by that amount necessary to accommodate the development.

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Sec. 504. Special use permits.

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504.10. ~~Veterinary~~ ~~hospital use.Pet~~ / Animal Services

~~A veterinary hospital~~ Veterinary, boarding, daycare and grooming services for animals may be allowed by special use permit in those zones specified in section 301 subject to the ~~following~~ conditions of this section, such conditions being in addition to all state regulations establishing minimum standards for animal care facilities (250-RICR-40-05-4).

A. Veterinary Hospitals. A veterinary hospital may be allowed by special use permit in those zones specified in section 301, subject to the following conditions:

A.1. The lot or parcel on which the veterinary hospital is to be located consists of at least fifty thousand (50,000) square feet.

B.2. The veterinary hospital may include one (1) accessory single-family residence, with no more than two (2) bedrooms containing no more than one thousand five hundred (1,500) square feet of living area for the caretaker/employee family of the hospital only. The accessory residence shall be designed and constructed in such a way as to maintain the appearance of the use of the lot as a veterinary hospital.

C.3. The veterinary hospital use shall meet all the requirements of section 505.1, Development Plan Review.

D.4. In reviewing a veterinary use the zoning board shall consider the mitigation of impacts related to noise, solid waste disposal, handling and disposal of animal waste, facility lighting and septic disposal.

B. Boarding, Daycare & Grooming Services

1. Minimum Dimensional Requirements – All outdoor runs or exercise areas shall comply with all dimensional setback requirements applicable to the principal structure.

2. Supplemental Application Materials - The applicant shall provide the following materials with its application for a special use permit:

(a) Copies of its RIDEM licensing application and approval.

(b) A site plan / floor plan showing:

· Front desk or reception area	· Parking & vehicle circulation plan	· All doors & windows (interior & exterior)
· Waste storage (interior & exterior)	· Medicine storage areas (including refrigeration)	· Heating, cooling & ventilation systems
· Food storage areas	· Staff break areas	· Drainage systems
· Location of fire all suppression equipment including sprinklers and fire extinguishers.
· All indoor & outdoor animal holding areas, including: rooms, enclosures, communal areas, cages, runs, medical treatment and quarantine areas (labeled with use & dimensions)
· Location of cleaning logs and posted emergency protocols (e.g. medical, fire or disaster) including contact information and evacuation plans/maps.

(c) An operations & maintenance plan describing all proposed activities, including but not limited to: staffing numbers and hours, number of animals (by size/weight), types of services provided, retail sales, animal residence times, hours of operation, waste management protocols, health and safety protocols, emergency protocols.

3. Parking, Drop-Off & Pick-Up Areas – In addition to any parking requirements associated with on-site residential uses, all facilities shall provide one (1) off-street parking space for each employee and three (3) short-term parking spaces for customer drop-off & pick-up of animals.

4. Supervision – Staff supervision shall be present on-site at all times while animals are in residence. Facilities providing overnight boarding shall include overnight facilities for staff.

5. Waste Storage & Removal – All indoor solid waste shall be collected and stored in covered receptacles in areas that are not readily accessible by animals. Outdoor waste storage containers shall be fully enclosed and shall remain closed at all times except when opened to accept waste; shall be stored at least twenty feet (20’) from all property boundaries and shall be screened from view by an enclosure. All waste shall be removed from the site not less than two (2) times each week.

6. Retail Sales – Facilities may engage in retail sales of pet products reasonably related to the services provided by the facility. Sales shall be limited to customers of the services provided by the facility. Retail sales of animal food shall be limited to food consumed on-site.

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504.18 – Standards for Legitimate Theater and Restaurant With Alcohol (Use Codes 32.4, and 56.1)

In reviewing an application for a special use permit for a legitimate theater or restaurant with alcohol, the Zoning Board or Planning Board (if under Unified Development) shall require that following criteria be met:

A. The character of the neighborhood shall be predominantly non-residential. A plan prepared by a licensed land surveyor or civil engineer or a GIS map shall be submitted into the record to convey this information.

B. At least 90% of the seats in the restaurant shall be associated with tables or booths, and not more than 10% of the seats may be at a bar, whether or not food is also served at the bar. The area to be used for alcohol service shall be clearly delineated, as well as the seating area, serving areas, and exits. A full kitchen shall also be required. A detailed floor plan prepared by a licensed architect or civil engineer shall be submitted into the record to verify this information.

C. Parking shall be adequate to meet all zoning requirements. An existing restaurant use without alcohol that is non-conforming by parking shall not be eligible. A detailed parking and circulation plan prepared by a licensed engineer shall be submitted into the record to verify this information.

D. A lighting plan prepared by a licensed architect that shows sufficient lighting for nighttime safety shall be submitted with the special use permit application.

E. A security plan including information relating to entrance procedure, police details and video and lighting locations shall be submitted with the application.

F. Any substantial future changes to those items depicted on any of the aforementioned plans shall be submitted for consideration as a new special use permit.

504.19 - Standards for Accessory Entertainment to Restaurant or Bar (Use Code 56.3)

As defined by Appendix A -Use Code Descriptions: Where the permitted use of a property is a restaurant, bar or tavern (with or without alcohol), any musical, theatrical, dance, cabaret or comedy act or similar performance by 1 or more persons, which is provided for the pleasure of patrons.)

In reviewing an application for a special use permit for Accessory Entertainment to Restaurant Bar, the Zoning Board or Planning Board (if under Unified Development) shall require that following criteria be met:

A. The nature of the entertainment requested shall be specified, including but not limited to the number of entertainers, the type of entertainment (musicians, DJ’s, dancers, etc.), amplified or acoustic, how many days per year, which days of the week, specific hours of entertainment, and whether indoor or outdoor or both.

B. The nature of the entertainment shall be combatable with the character of the neighborhood. The Board shall consider the nature, duration, and especially the frequency of such accessory entertainment in determining the compatibility with the neighborhood. A plan prepared by a licensed land surveyor or civil engineer shall be submitted into the record to verify this information.

C. Specific occupancy projections and limits shall be provided to the board, and violation of such limits shall be a violation of the Zoning Ordinance.

D. The area for the entertainment shall be specifically delineated on a plan submitted to the board. If dancing is anticipated, the location of the dance floor and change in capacity from table service if any A detailed floor plan prepared by a licensed architect or civil engineer shall be submitted into the record to verify this information.

E. Parking shall be adequate to meet all zoning requirements. An existing restaurant or bar use without accessory entertainment that is non-conforming by parking shall not be eligible. A detailed parking and circulation plan prepared by a licensed engineer shall be submitted into the record to verify this information.

F. A lighting plan prepared by a licensed architect that shows sufficient lighting for nighttime safety shall be submitted with the special use permit application, including confirmation of the shut off of all amplification upon the triggering of a fire alarm.

G. A security plan including information relating to entrance procedure, police details and video and lighting locations shall be submitted with the application.

H. Any substantial future changes to those items depicted on any of the aforementioned plans shall be submitted for consideration as a new special use permit.

Sec. 505. – Performance standards.

Sec. 505.1. Development plan review.

The purpose of this section is to preserve the town's natural environment, enhance its built environment, improve its visual character, and sustain a high quality of life through review of plans for new development and redevelopment of existing uses. High standards of design; landscaping (including landscaped parking lots); improved community appearance; preservation and protection of environmental quality; buffering and screening of conflicting land uses from other land uses and from public streets; environmental quality; and traffic safety are goals to be achieved through development plan review.

D. Procedure for approval.

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6. Any use or facility requiring both development plan review and approval as a land development project or subdivision, other than administrative subdivision, shall have such reviews conducted concurrently by the planning board.

7 6. Fees for the review and approval of development plans submitted under the provisions of this section shall be as established by the town council from time to time.

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Sec. 509. - Low and moderate income housing.

509.1. Authority to grant comprehensive permit.

In accordance with G.L. 1956, Tit. 45, Ch. 53, the Low and Moderate Income Housing Act the local review board shall have the power to issue a comprehensive permit for a qualifying low or moderate income housing project, which relief shall include all permits or approvals from any local board or official who would otherwise act with respect to such application including, but not limited to, the power to attach to the permit or approval conditions and requirements with respect to setbacks, height, site plan, size, shape, building materials, landscaping, and parking consistent with the terms of the Act.

509.2. Designation of local review board.

~~The South Kingstown Planning Board is hereby designated as the local review board and all references in this ordinance to local review board shall be to the planning board.~~

509.3. Definitions.

~~Affordable housing plan.~~ ~~That component of the housing element of the town comprehensive plan designed to meet the housing needs in the town.~~

~~Approved affordable housing plan.~~ ~~The affordable housing plan that has been approved by the director of administration as meeting the guidelines for the local comprehensive plan as promulgated by the state planning council.~~

~~Comprehensive plan.~~ ~~The comprehensive plan of the town adopted and approved by the town pursuant to G.L. Chs. 22.2 and 22.3.~~

~~Consistent with local needs.~~ ~~Reasonable in view of the state need for low or moderate income housing, considered with the number of low income persons in the town affected and the need:~~

~~A. To protect the health and safety of the occupants of the proposed housing or of the residents of the town,~~

~~B. To promote better site and building design in relation to the surroundings, or~~

~~C. To preserve open spaces, and if the local zoning or land use ordinances, requirements, and regulations are applied as equally as possible to both subsidized and unsubsidized housing.~~

~~Local board.~~ Any town or city official, zoning board of review, planning board or commission, board of appeal or zoning enforcement officer, local conservation commission, historic district commission, or other municipal board having supervision of the construction of buildings or the power of enforcing land use regulations, such as subdivision, or zoning laws.

~~Low or moderate income housing.~~ Any housing whether built or operated by any public agency or any nonprofit organization or by any limited equity housing cooperative or any private developer, that is subsidized by a federal, state, or municipal government subsidy under any program to assist the construction or rehabilitation of housing affordable to low or moderate income households, as defined in the applicable federal or state statute, or local ordinance and that will remain affordable through a land lease and/or deed restriction for ninety-nine (99) years or such other period that is either agreed to by the applicant and town or prescribed by the federal, state, or municipal government subsidy program but that is not less than thirty (30) years from initial occupancy.

509.4. Applicability and eligibility.

A. Any applicant proposing to build low or moderate income housing may submit to the local review board a single application for a comprehensive permit to build that housing in lieu of separate applications to the applicable local boards. This procedure is only available for proposals in which at least twenty-five (25) percent of the housing is low or moderate-income housing.

B. Notwithstanding the foregoing, in accordance with G.L. § 45-53-4(a)(xiii) the South Kingstown Town Council limits the annual total number of dwelling units in comprehensive permit applications from for-profit developers to an aggregate of one (1) percent of the total number of year-round housing units in the town, as recognized in the affordable housing plan.

C. Notwithstanding the timetables set forth elsewhere in this ordinance, the local review board shall have the authority to consider comprehensive permit applications from for-profit developers, which are made pursuant to this paragraph, sequentially in the order in which they are submitted.

509.5. Application and review procedures.

~~Application and review procedures shall be set forth in the town subdivision and land development regulations.~~

509.6. Criteria for approval.

In approving an application for a comprehensive permit, the local review board shall make positive findings, supported by legally competent evidence on the record which discloses the nature and character of the observations upon which the fact finders acted, on each of the following standard provisions, where applicable:

A. The proposed development is consistent with local needs as identified in the local comprehensive community plan with particular emphasis on the community's affordable housing plan and/or has satisfactorily addressed the issues where there may be inconsistencies.

B. The proposed development is in compliance with the standards and provisions of the municipality's zoning ordinance and subdivision regulations, and/or where expressly varied or waived local concerns that have been affected by the relief granted do not outweigh the state and local need for low and moderate-income housing.

C. All low and moderate income housing units proposed are integrated throughout the development; are compatible in scale and architectural style to the market rate units within the project; and will be built and occupied prior to, or simultaneous with the construction and occupancy of any market rate units.

~~D. There will be no significant negative environmental impacts from the proposed development as shown on the final plan, with all required conditions for approval.~~

E. There will be no significant negative impacts on the health and safety of current or future residents of the community, in areas including, but not limited to, safe circulation of pedestrian and vehicular traffic, provision of emergency services, sewerage disposal, availability of potable water, adequate surface water run-off, and the preservation of natural, historical or cultural features that contribute to the attractiveness of the community.

F. All proposed land developments and all subdivisions lots will have adequate and permanent physical access to a public street. Lot frontage on a public street without physical access shall not be considered in compliance with this requirement.

G. The proposed development will not result in the creation of individual lots with any physical constraints to development that building on those lots according to pertinent regulations and building standards would be impracticable, unless created only as permanent open space or permanently reserved for a public purpose on the approved, recorded plans.

509.7. Criteria for denial.

~~The local review board may deny the request for any of the following reasons:~~

A. The town has an approved affordable housing plan and is meeting housing needs, and the proposal is inconsistent with the affordable housing plan. In this section "meeting housing needs" means adoption of the implementation program of an approved affordable housing plan and the absence of unreasonable denial of applications that are made pursuant to an approved affordable housing plan in order to accomplish the purposes and expectations of the approved affordable housing plan.

B. The proposal is not consistent with local needs, including, but not limited to, the needs identified in an approved comprehensive plan, and/or local zoning ordinances and procedures promulgated in conformance with the comprehensive plan. Local zoning and land use ordinances, requirements, or regulations are consistent with local needs when imposed by the town council after comprehensive hearing, and, the town either has existing low or moderate income housing units in excess of ten (10) percent of the year-round housing units reported in the latest decennial census of the town, or the town has promulgated zoning or land use ordinances, requirements, and regulations to implement a comprehensive plan which has been adopted and approved pursuant to state law, and the housing element of the comprehensive plan provides for low and moderate income housing in excess of ten (10) percent of the year-round housing units.

~~C. The proposal is not in conformance with the comprehensive plan.~~

~~D. The town has met or has plans to meet the goal of ten (10) percent of the year-round units being low and moderate-income housing.~~

~~E. Concerns for the environment and the health and safety of current residents have not been adequately addressed.~~

In the case of a denial, if the applicant fails to meet one (1) or more of the criteria for approval, where applicable, then the local review board shall make negative findings on those provisions as part of its decision.

509.8. Voting and appeal.

All decisions on comprehensive permits shall be by majority vote of the membership of the local review board and may be appealed by the applicant to the state housing appeals board. Any person aggrieved by the issuance of an approval may appeal to the Rhode Island Supreme Court.

509.9. Expiration of approval and construction.

A comprehensive permit shall expire unless construction is started within twelve (12) months and completed within sixty (60) months of final plan approval unless a longer and/or phased period for development is agreed to by the local review board and the applicant. Low and moderate income housing units shall be built and occupied prior to, or simultaneous with the construction and occupancy of market rate units.

509.1. Applicability and eligibility.

Any applicant proposing to build low- or moderate-income housing may submit to the local review board a single application for a comprehensive permit to build that housing in lieu of separate applications to the applicable local boards. This procedure is only available for proposals in which at least twenty five percent (25%) of the housing is low- or moderate-income housing.
Notwithstanding the foregoing, in accordance with RIGL §45-53-4(d)(10), the South Kingstown Town Council limits the annual total number of dwelling units in comprehensive permit applications from for-profit developers to an aggregate of one percent (1%) of the total number of year-round housing units in the town, as recognized in the affordable housing plan, and notwithstanding the timetables set elsewhere in this section, the planning board shall consider comprehensive permit applications from for-profit developers sequentially in the order in which they are submitted.

509.2. Municipal Subsidies.

In order to offset the differential cost of the low- or moderate-income housing units in the section, the following municipal subsides shall be provided:

A. Adjustments, meaning a request, or requests by the application to seek relief from the literal use and dimensional requirements of the zoning ordinance and/or the design standards or requirements of the land development and subdivision regulations. The standard for the planning board’s consideration of adjustments is set forth in RIGL §45-53-4(d)(2)(iii)(E)(II).

B. Density bonus. The town shall provide the following density bonuses for projects submitted under this section provided that the total land utilized under in the density calculation shall exclude wetlands, wetland buffers, area devoted to infrastructure necessary for development, and easements or rights of way of record.

1. For projects connected to public water and sewer, or eligible to be connected to public water and sewer, demonstrated through written confirmation from each respective service provider the following density bonuses are provided:

i. For projects providing at least twenty-five (25%) low- and moderate-income housing the density bonus shall be five (5) units per acre.

ii. For projects providing at least fifty percent (50%) low- and moderate-income housing the density bonus shall be nine (9) units per acre.

iii. For projects providing at least 100 percent (100%) low- and moderate-income housing the density bonus shall be twelve (12) units per acre.

2. For properties not connected to either public water or sewer or both, but which provide competent evidence as to the availability of water to service the development and/or a permit for on-site wastewater treatment system to service the dwelling units from the applicable state agency the following density bonuses are provided:

i. For projects providing at least twenty-five (25%) low- and moderate-income housing the density bonus shall be three (3) units per acre.

ii. For projects providing at least fifty percent (50%) low- and moderate-income housing the density bonus shall be five (5) units per acre.

iii. For projects providing at least 100 percent (100%) low- and moderate-income housing the density bonus shall be eight (8) units per acre.

C. Parking. For comprehensive permit applications one (1) off-street parking space per dwelling unit is required for units up to and including two (2) bedrooms. Units of three (3) or more bedrooms shall comply with the off-street parking requirements set forth in Sec. 711

D. Bedrooms. The bedroom count of units for a comprehensive permit are not limited to any count less than three (3) bedrooms for single family dwelling units.

E. Floor area. There are no floor area limitations for comprehensive permit applications other than those provided by §45-24.3-11.

509.3. Application Procedure.

The application and review process for a comprehensive permit shall be as follows:

A. Pre-application conference. A pre-application conference shall be required by the administrative officer or planning board or requested by the applicant. The preapplication conference may be with the planning board, technical review committee, or administrative officer as determined appropriate by the administrative officer.

In advance of the pre-application conference, the applicant shall submit a short written description of the project including the number of units, type of housing, density analysis, preliminary list of adjustments requested, a location map, and a conceptual site plan.
Upon request of the applicant for a pre-application conference, such conference will be scheduled and held within thirty (30) days of the request, unless a different timeframe is agreed to by the applicant in writing.
If thirty (30) days has elapsed from the filing of the pre-application submission, and no pre-application submission has taken place, nothing shall be deemed to preclude the applicant from thereafter filing and proceeding with an application for preliminary plan review.

B. Preliminary plan.

1. Submission requirements. Applications for preliminary plan under this section shall include:

i. A letter of eligibility issued by the Rhode Island Housing Mortgage Finance Corporation, or in the case of projects primarily funded by the U.S. Department of Housing and Urban Development or other state or federal agencies, an award letter indicating the subsidy, or application in such form as may be prescribed for a municipal government subsidy; and

ii. A letter signed by the authorized representative of the applicant, setting forth the specific sections and provisions of applicable local ordinances and regulations from which the applicant is seeking adjustments; and

iii. A proposed construction timetable for the commencement and completion of the project, including a schedule for the construction and occupancy of all low- and moderate-income housing units in accordance with RIGL § 45-53-4(d)(9); and

iv. Those items included in the checklist for preliminary plan review with the exception of evidence of state or federal permits.

v. Notwithstanding the submission requirements set forth above, the planning board may request additional, reasonable documentation throughout the public hearing, including, but not limited to, opinions of experts, credible evidence of application for necessary federal and or state permits, and advice from other local boards and officials.

2. Certification of completeness. The preliminary plan must be certified complete or incomplete by the administrative officer, provided, however, that the certificate shall be granted within twenty-five (25) days of submission of an application. The running of the time period set forth herein will be deemed stopped upon the issuance of a written certificate of incompleteness of the application by the administrative officer and will recommence upon the resubmission of a correct application by the applicant. However, in no event will the administrative officer be required to certify a corrected submission as complete or incomplete less than ten (10) days after its resubmission. If the administrative officer certifies the application as incomplete, the officer shall set forth in writing with specificity the missing or incomplete items.

3. Public hearing. A public hearing shall be noticed and held as soon as practicable after the issuance of a certificate of completeness.

4. Notice. Public notice for the public hearing will be the same notice required under local regulations for a public hearing for a preliminary plan. The cost of notice shall be paid by the applicant.

5. Timeframe for review. The planning board shall render a decision on the preliminary plan application within ninety (90) days of the date the application is certified complete, or within a further amount of time that may be consented to by the applicant through the submission of written consent.

6. Failure to act. Failure of the planning board to act within the prescribed period constitutes approval of the preliminary plan and a certificate of the administrative officer as to the failure of the planning board to act within the required time and the resulting approval shall be issued on request of the applicant. Further, if the public hearing is not convened or a decision is not rendered within the time allowed, the application is deemed to have allowed and the preliminary plan approval shall be issued immediately.

7. Vesting. The approved preliminary plan is vested for a period of two (2) years with the right to extend for two (2), one-year extension upon written request by the applicant, who must appear before the planning board for each annual review and provide proof of valid state or federal permits as applicable. Thereafter, vesting may be extended for a longer period, for good cause shown, if requested, in writing by the applicant, and approved by the planning board. The vesting for the preliminary plan approval includes all ordinances and provisions and regulations at the time of the approval, general and specific conditions shown on the approved preliminary plan drawings and support material.

C. Final plan. The second and final stage of review for the comprehensive permit project shall be done administratively, unless an applicant has requested and been granted any waivers from the submission of checklist items for preliminary plan review, and then, at the planning board’s discretion, it may vote to require the applicant to return for final plan review and approval.

1. The following items shall be submitted as part of the final plan submission:

i. All required state and federal permits must be obtained prior to the final plan approval.

ii. A draft monitoring agreement which identifies an approved entity that will monitor the long-term affordability of the low- and moderate-income units pursuant to RIGL §45-53-3.2.

iii. A sample land lease or deed restriction with affordability liens that will restrict use as low- and moderate-income housing in conformance with the guidelines of the agency providing the subsidy for the low- and moderate-income housing, but for a period of not less than thirty (30) years.

iv. Those items included in the checklist for final plan review.

v. Arrangements for completion of the required public improvements, including construction schedule and/or financial guarantees.

vi. Certification by the tax collector that all property taxes are current.

vii. For phased projects, the final plan for phases following the first phase, shall be accompanied by copies of as-built drawings not previously submitted of all existing public improvements for prior phases.

2. Certificate of completeness. The final plan application must be certified complete or incomplete by the administrative officer according to the provisions of § 45-23-36; provided however, that, the certificate shall be granted within twenty-five (25) days of submission of the application. The running of the time period set forth herein will be deemed stopped upon the issuance of a written certificate of incompleteness of the application by the administrative officer and will recommence upon the resubmission of a corrected application by the applicant. However, in no event will the administrative officer be required to certify a corrected submission as complete or incomplete less than ten (10) days after its resubmission. If the administrative officer certifies the application as incomplete, the officer shall set forth in writing with specificity the missing or incomplete items.

3. Timeframe for review. The reviewing authority shall render a decision on the final plan application within forty-five (45) days of the date the application is certified complete.

4. Decision on final plan. An application filed in accordance with this article shall be approved by the administrative officer unless such application does not satisfy conditions set forth in the preliminary plan approval decision or such application does not have the requisite state and/or federal approval or other required submissions, does not post the required improvement bonds, or such application is a major modification of the plans approved at preliminary plan.

5. Failure to act. Failure of the reviewing authority to act within the prescribed period constitutes approval of the final plan and a certificate of the administrative officer as to the failure to act within the required time and the resulting approval shall be issued on request of the applicant.

6. Vesting. The approved final plan is vested for a period of two (2) years with the right to extend for one one-year extension upon written request by the applicant, who must appear before the planning board for the extension request. Thereafter, vesting may be extended for a longer period, for good cause shown, if requested, in writing by the applicant, and approved by the local review board.

509.4. Modifications and changes to plans.

A. Minor changes, as defined in the local regulations, to the plans approved at preliminary plan may be approved administratively, by the administrative officer, whereupon final plan approval may be issued. The changes may be authorized without additional public hearings, at the discretion of the administrative officer. All changes shall be made part of the permanent record of the project application. This provision does not prohibit the administrative officer from requesting a recommendation from either the technical review committee or the local review board. Denial of the proposed change(s) shall be referred to the local review board for review as a major change.

B. Major changes, as defined in the local regulations, to the plans approved at preliminary plan may be approved only by the local review board and must follow the same review and public hearing process required for approval of preliminary plans. The administrative officer shall notify the applicant in writing within fourteen (14) days of submission of the final plan application if the application is to be referred back to the planning board under this subsection.

509.5. Required findings.

A. Required findings for approval. In approving a preliminary plan application for a comprehensive permit, the local review board shall make positive findings, supported by legally competent evidence on the record which discloses the nature and character of the observations upon which the fact finders acted, on each of the following standard provisions, where applicable:

The proposed development is consistent with local needs as identified in the comprehensive plan with particular emphasis on the affordable housing plan and/or has satisfactorily addressed the issues where there may be inconsistencies.
The proposed development is in compliance with the standards and provisions of the zoning ordinance and subdivision regulations, and/or where adjustments are requested by the applicant, that local concerns that have been affected by the relief granted do not outweigh the state and local need for low- and moderate-income housing.
All low- and moderate-income housing units proposed are integrated throughout the development; are compatible in scale and architectural style to the market rate units within the project; and will be built and occupied prior to, or simultaneous with the construction and occupancy of any market rate units.
There will be no significant negative impacts on the health and safety of current or future residents of the community, in areas including but not limited to, safe circulation of pedestrian and vehicular traffic, provision of emergency services, sewerage disposal, availability of potable water, adequate surface water runoff, and the preservation of natural, historical, or cultural features that contribute to the attractiveness of the community.
All proposed land development and all subdivision lots will have adequate and permanent physical access to a public street in accordance with the requirements of state law.
The proposed development will not result in the creation of individual lots with any physical constraints to development that building on those lots according to pertinent regulations and building standards would be impracticable, unless created only as permanent open space or permanently reserved for a public purpose on the approved, recorded plans.

B. Required findings for denial. In reviewing the comprehensive permit request, the local review board may deny the request for any of the following reasons:

The town has an approved affordable housing plan and is meeting housing needs, and the proposal is inconsistent with the affordable housing plan; provided that, the local review board also finds that the municipality has made significant progress in implementing the housing plan;
The proposal is not consistent with local needs, including, but not limited to, the needs identified in an approved comprehensive plan, and/or local zoning ordinance and procedures promulgated in conformance with the comprehensive plan;
The proposal is not in conformance with the comprehensive plan;
The community has met or has plans to meet the goal of ten percent (10%) of the year-round units being low- and moderate-income housing provided that, the local review board also finds that the community has achieved or has made significant progress towards meeting the goals of the affordable housing plan; or
Concerns for the environment and the health and safety of current residents have not been adequately addressed.

C. Infeasibility of Conditions of Approval. The burden is on the applicant to show, by competent evidence before the local review board, that proposed conditions of approval are infeasible, as defined in R.I. Gen. Laws § 45-53-3. Upon request, the applicant shall be provided a reasonable opportunity to respond to such proposed conditions prior to a final vote on the application.

* * *

Sec. 512. Adaptive reuse.

A. Permitted Use. Adaptive reuse for the conversion of any commercial building, including offices, schools, religious facilities, medical buildings, and malls into residential units or mixed-use developments is a permitted use, under the criteria described below under Eligibility.

B. Eligibility.

Adaptive reuse development must include at least 50% of existing gross floor area developed into residential units.
There are no environmental land use restrictions recorded on the property preventing the conversion to residential use by RIDEM or the US EPA.

C. Density calculations.

For projects that meet the following criteria, the residential density shall be no less than fifteen (15) dwelling units per acre, except where the developer proposes a project of lower density:

Where the project is limited to the existing footprint, except that the footprint is allowed to be expanded to accommodate upgrades related to the building fire code, and utility requirements.
The development includes at least twenty percent (20%) low- and moderate-income housing.
The development has access to public sewer and water service or has access to adequate private water, such as well and/or wastewater treatment systems approved by the relevant state agency for the entire development as applicable.

For all other adaptive reuse projects, the residential density permitted in the converted structure shall be the maximum allowed that otherwise meets all standards of minimum housingand has access to public sewer and water services or has access to adequate private water, such as well and wastewater treatment systems approved by the relevant state agency for the entire development, as applicable. The developer may propose a project of lower density.
The density proposed for any adaptive reuse project shall be determined to meet all public health and safety standards.

D. Dimensional requirements.

Notwithstanding any other provisions of this section, existing building setbacks shall remain and are considered legal nonconforming.
No additional encroachments shall be permitted into any nonconforming setback unless relief is granted by the permitting authority.
Notwithstanding other provisions of this section, the height of the structure shall be considered legal nonconforming if it exceeds the maximum height of the zoning district in which the structure is located.

Any rooftop construction necessary for building or fire code compliance, or utility infrastructure is included in the height exemption.

E. Parking requirements.

1. Adaptive reuse developments shall provide one parking space per dwelling unit. The applicant may propose additional parking in excess of one space per dwelling unit.

2. The parking requirements and design standards in Article VIII shall apply to all uses proposed as part of the project unless otherwise approved by the applicable authority. The number of parking spaces required shall apply for uses other than residential.

F. Allowed uses within an adaptive reuse project.

Residential dwelling units are a permitted use in an adaptive reuse project regardless of the zoning district in which the structure is located, in accordance with the provisions of this section.
Any nonresidential uses proposed as part of an adaptive reuse project must comply with the provisions of Sec. 301 for the zoning district in which the structure is located.

G. Development and Design Standards. Site design shall be in accordance with the development regulations.

H. Procedural requirements.

Adaptive reuse project shall be subject to the procedural requirements of Sec. 505.1 and undergo development plan review as determined in that section.
In addition to the checklist requirements for the applicable review process, the applicant shall provide the following information:

The proposed residential density and the square footage of nonresidential uses.
A floor plan to scale for each building indicating, as applicable, the use of floor space, number of units, number of bedrooms, and the square footage of each unit.

I. Specific and objective provisions

The specific and objective criteria for adaptive reuse projects are set forth in the regulations.

* * *

Article 9. Administration, Enforcement and Relief.

* * *

Sec. 905. - Modifications granted by the Zoning Enforcement Officer.

The officer is hereby empowered to determine and grant or deny modifications. Submission requirements for applications for such modifications shall be the same as those for a dimensional variance application, provided that references to the zoning board shall refer to the officer.

A. Relief subject to modification. A modification may be requested for adjustments or deviations not exceeding twenty-five (25) percent of any of the requirements of article 4, Dimensional Regulations, or dimensional or quantitative requirements of signs, landscaping and other similar requirements of this ordinance. The use of a lot or structure, the moving of lot lines, the change in lot area or residential density, and relief as to parking all shall not be the subject of any modification. The following specific modifications are also allowed:

1. The officer may allow a modification of up to twenty-five (25) percent of the distance required for setback of an ISDS from a wetland (as required by section 504.1), provided that the officer finds that "best practices" technology has been utilized for the ISDS design, that the ISDS has been placed as far away as possible from the wetland, and that there is no other reasonable alternative available to make any beneficial use of the property. Prior to making a determination, the officer shall refer such modification applications to the conservation commission and the director of planning, and shall incorporate all limitations or conditions recommended by them. The fifteen-day time-period for deciding on modifications (as set forth below) shall run from the date of receipt of the response from the conservation commission or director of planning, whichever is later.

2. Where more than one (1) residential structure is located on a single lot, the officer may allow as a modification the expansion and/or replacement of such individual residential structures, provided that the new structure or new part thereof does not come any closer to any other residential structure, internal roadway, buffer zone, or lot boundary line than the previous structure.

B. Decision. Within fifteen (15) days of receipt of a request for a modification, the officer shall make a decision as to the suitability of the requested modification based on the following determinations:

~~1. The modification requested is reasonably necessary for the full enjoyment of the permitted use;~~

~~2. If the modification is granted, neighboring property will neither be substantially injured nor its appropriate use substantially impaired;~~

~~3. The modification requested is in harmony with the purposes and intent of the comprehensive plan and this zoning ordinance; and~~

~~4. The modification requested does not require a variance of a flood hazard requirement.~~

C. Notice and objection. Upon an affirmative determination on the modification, the officer shall notify the applicant who shall give notice as provided by the officer, in the same manner as would be given for a variance application, pursuant to section 906.L., that the modification will be granted unless written objection is received within thirty (30) days of the public notice, and inviting the public to inspect the plans and application during normal working hours. The officer shall also cause appropriate notice to be given in the newspaper. If any written objection is received within thirty (30) days, the request for a modification shall be deemed to be denied. In such case, the changes requested will be considered a request for a dimensional variance and may only be issued by the zoning board following the standard procedures for variances.

D. Granting and conditions. If no written objections are received within thirty (30) days, the officer shall grant the modification. The officer may apply such special conditions to the permit as may, in the opinion of the officer, be required to conform to the intent and purposes of the zoning ordinance. The officer shall keep public records of all requests for modifications, and of findings, determinations, special conditions, and any objections received. If the officer grants the modification, the written decision thereof shall be recorded in the land evidence records of the town.

E. Denial. If the officer denies the modification, or if the applicant is aggrieved by some part of the officer's decision, there is no right of appeal. Rather, the changes requested will be considered a request for a dimensional variance and may only be granted by the zoning board following the standard procedures for dimensional variances. The applicant shall be required to pay for all additional advertising and notice required for the zoning board hearing, but shall not be required to pay an additional filing fee.

The zoning officer is authorized to grant modification permits of up to and including twenty-five percent (25%)of the literal dimensional requirements of this ordinance as follows:

A. Within ten (10) days of the receipt of a request for a modification, the zoning enforcement officer shall make a decision as to the suitability of the requested modification based on the following determinations:

The modification is reasonably necessary for the full enjoyment of the permitted use;
If the modification is granted, neighboring property will neither be substantially injured nor its appropriate use substantially impaired;
The modification requested does not require a variance of a flood hazard requirement, unless the building is built in accordance with applicable regulations; and
The modification requested does not violate any rules or regulations with respect to freshwater or coastal wetlands.

B. Upon an affirmative determination, in the case of a modification of five percent (5%) or less, the zoning enforcement offer shall have the authority to issue a permit approving the modification, without any public notice requirements. In the case of a modification of greater than five percent (5%), the zoning enforcement officer shall notify, by first class mail, all property owners abutting the property which is the subject of the modification request, and shall indicate the street address of the subject property in the notice, and shall publish in a newspaper of local circulation within the town that the modification will be granted unless written objection is received within fourteen (14) days of the public notice. If written objection is received within fourteen (14) days, the request for modification shall be scheduled for the next available hearing before the zoning board of review on application for a dimensional variance following the standard procedures for such variances, including notice requirements provided for under this chapter. If no written objections are received within fourteen (14) days, the zoning enforcement officer shall grant the modification.

C. The zoning enforcement officer may apply any special conditions to the permit as may, in the opinion of the officer, be requested to conform to the intent and purposes of the zoning ordinance.

D. In the event that the requested modification fails to satisfy each of the criteria set forth in subsection a., above, the zoning enforcement officer shall notify the applicant that the modification request will be treated as a request for a dimensional variance in accordance with Section 907 of this ordinance.

E. The zoning enforcement officer shall keep public records of all requests for modifications, and of findings, determinations, special conditions, and any objections received.

F. Costs of any notice required under this subsection shall be borne by the applicant requesting the modification.

Sec. 906. Zoning Board of Review.

* * *

J. Voting. The board shall be required to vote as follows:

1. ~~Five (5)~~ Four (4) active members, which may include alternates, shall be necessary to conduct a hearing. As soon as a conflict occurs for a member, that member shall excuse himself/herself, and shall not sit as an active member and shall take no part in the conduct of the hearing. ~~Only~~ A maximum of five (5) active members shall be entitled to vote on any issue.

2. The concurring vote of ~~three (3) of the five (5)~~ a majority of members of the board sitting at a hearing shall be necessary to reverse any order, requirement, decision or determination of the historic district commission, planning board or any administrative officer from whom an appeal was taken.

3. The concurring vote of ~~four (4) of the five (5)~~ a majority of members of the board sitting at a hearing shall be required to decide in favor of an applicant on any matter within the discretion of the board upon which it is required to pass under this ordinance, including variances and special use permits.

Sec. 907. Variances and special use permits.

A. Standards for relief.

1. Variance. In granting a variance, the board shall require that evidence satisfying the following standards be entered into the record of the proceedings:

(a) That the hardship from which the applicant seeks relief is due to the unique characteristics of the subject land or structure and not to the general characteristics of the surrounding area; and not due to a physical or economic disability of the applicant, except where necessary to provide reasonable accommodation to applicants with physical disabilities addressed in the Rhode Island Fair Housing Practices Act, the United States Fair Housing Amendments Act of 1988 (FHAA), the Rhode Island Civil Rights of Individuals with Handicaps Act, and the Americans with Disabilities Act of 1990 (ADA);

(b) That said hardship is not the result of any prior action of the applicant ~~and does not result primarily from the desire of the applicant to realize greater financial gain~~;

(c) That the granting of the requested variance will not alter the general characteristic of the surrounding area or impair the intent or purpose of this zoning ordinance or the comprehensive plan of the town;

~~(d) That the relief to be granted is the least relief necessary;~~

(d) ~~(e)~~ In granting a use variance, the subject land or structure cannot yield any beneficial use if it is required to conform to the provisions of the zoning ordinance. Nonconforming use of neighboring land or structures in the same district and permitted use of land or structures in an adjacent district shall not be considered grounds for granting a use variance; and

(e) ~~(f)~~ In granting a dimensional variance, that the hardship that will be suffered by the owner of the subject property if the dimensional variance is not granted shall amount to more than a mere inconvenience, ~~which shall mean that there is no other reasonable alternative to enjoy a legally permitted beneficial use of one's property~~ meaning that relief sought is minimal to a reasonable enjoyment of the permitted use to which the property is proposed to be devoted. The fact that a use may be more profitable, or that a structure may be more valuable after the relief is granted, shall not be grounds for relief.

* * *

D. Variances and special use permit in conjunction.

1. The zoning board of review may grant dimensional variances which provide relief from the front, side, and rear setback requirements for single-family dwellings and accessory structures, in conjunction with a special use permit allowing the installation of an on-site wastewater treatment system within one hundred fifty (150) feet of a wetland. in conjunction with a special use permit.

2. When granting such in conjunction, if the special use permit could not exist without the dimensional variance, the zoning board of review shall consider the special use permit and the dimensional variance together to determine if granting the special use is appropriate based on both the special use criteria and the dimensional variance evidentiary standards.

* * *

Sec. 913. Unified development review.

A. Unified development review established. There shall be unified development review for the issuance of variances and special use permits for properties undergoing review by development plan review and/or land development or subdivision review.

B. Public hearing. All land development and subdivision applications, and development plan review applications that include requests for variances and/or special-use permits submitted pursuant to this section, shall require a public hearing that meets the requirements of RIGL 45-23-50.1(d).

C. In granting requests for dimensional and use variances, the planning board shall be bound to the requirements of Sec. 907(A)(1) relative to entering evidence into the record in satisfaction of the applicable standards.

D. In reviewing requests for special use permits the planning board shall be bound to the conditions and procedures under which a special use permit may be issued and the criteria for the issuance of such permits, as found within the zoning ordinance at Sec. 907(A)(2), and shall be required to provide for the recording of findings of fact and written decisions.

E. Appeals. An appeal from any decision made pursuant to this section may be taken pursuant to RIGL 45-23-71.

* * *

Article 12. Definitions.

Adaptive reuse. The conversion of an existing structure from the use for which it was constructed to a new use by maintaining the elements of the structure and adapting such elements to a new use.

* * *

Variance. Permission to depart from the literal requirements of this zoning ordinance. An authorization for the construction or maintenance of a building or structure, or for the establishment or maintenance of a use of land, which is prohibited by this zoning ordinance. There shall be only two (2) categories of variance, a use variance or a dimensional variance.

A. Use variance. Permission to depart from the use requirements of a zoning ordinance where the applicant for the requested variance has shown by evidence upon the record that the subject land or structure cannot yield any beneficial use if it is to conform to the provisions of this zoning ordinance.

B. Dimensional variance. Permission to depart from the dimensional requirements of a zoning ordinance, where the applicant for the requested relief has shown, by evidence upon the record, that there is no other reasonable alternative way to enjoy a legally permitted beneficial use of the subject property unless granted the requested relief from the dimensional regulations. However, the fact that a use may be more profitable or that a structure may be more valuable after the relief is granted shall not be grounds for relief under the applicable standards set forth in RIGL 45-24-41.

* * *

This ordinance shall take effect on January 1, 2024.

Sec. 301. Schedule of Use Regulations Table.

USE
CODE

USE

R200

R80

R40

R30

R20

R10

COD-R

MOD-R

NOTES

0.0 AGRICULTURAL

Crop Farm

Livestock Farm

Pig Farm

Fish Hatchery

Boarding Animals

See section 504.10

05.1

Pet Day Care Facility

See section 504.10

1.0 RESIDENTIAL

Single-Household Detached Structure

Two-Household Detached
Structure

Multi-Household Detached Structure, up to 12 Units, LDP

Public water and sewer required. Land Development Project—See Subdivision and Land Development Regulations

12.1

Multi-Household Land Development Project

Public water and sewer required. Land Development Project—See Subdivision and Land Development Regulations

12.4

Residential Compound

12.5

Flexible Design Residential Projects

12.6

Mixed-Use Detached Structure, up to 12 units, Land Development Project (LDP)

USE
CODE

USE

R200

R80

R40

R30

R20

R10

COD-R

MOD-R

NOTES

12.7

Mixed-Use Detached Structure (elderly residential occupancy only), LDP

Loft, Commercial Artist

Sorority or Fraternity House

Community Residence

15.1

Halfway House

15.2

Transient Residential Facility

Single Mobile or Manufactured Home

16.1

Mobile or Manufactured Home Park Land Development Project

16.2

Senior Residential Community LDP, Elderly Only

See section 501.7

2.0 INSTITUTIONAL AND GOVERNMENTAL SERVICES

Educational Institution,
Primary through Secondary

Special use criteria under development

20.1

Special Needs School

See section 504.11

Higher Educational Institution, Privately Owned and Operated

Special use criteria under development

USE
CODE

USE

R200

R80

R40

R30

R20

R10

COD-R

MOD-R

NOTES

21.1

Higher Educational Institution, State Owned and Operated

Special use criteria under development

Special Schools

Religious Services

Special use criteria under development

23.1

Religious Housing

See section 501.10

Health Care Institution Land Development Project

See section 603.2

24.1

Drug or Alcohol Rehabilitation Facility

Special use criteria under development

24.2

Medical or Dental Office

24.3

Veterinary Office

No boarding of healthy animals. ~~For "Boarding of animals" see Use Code 05.~~See section 504.10

24.3.1

Veterinary Hospital

See section 504.10

24.4

Residential Care and Assisted Living Land Development Project

Special use criteria under development~~See Subdivision and Land Development Regulations for required standards~~

Government Garage or Utility

25.1

Correctional Institution

25.2

Public Safety Facility

25.3

Government Use, Not Herein Specified

25.4

Government Waste Facility

Day Care Home

26.1

Day Care Center,
up to 12 people

Special use criteria under development

26.2

Day Care Center,
more than 12 people

Special use criteria under development

Service organization

Cemetery

28.1

~~Cemetery~~ Crematorium

3.0 CULTURAL, ENTERTAINMENT AND RECREATION SERVICES

Nonprofit Museum or Library

Spectator Assembly

32.1

Race Track

32.2

Casino

32.3

Legitimate Theater without alcohol

32.4

Legitimate Theater with alcohol

See section 504.18

Outdoor Recreation Facility

Special use criteria under development~~See section 501.11 Supplementary Use Regulations for additional mandatory regulatory standards~~

33.1

Outdoor Shooting Range

33.1.1

Bow and Arrow Range/Clay Shooting

See section 501.12

33.1.2

Indoor Shooting Range

See section 501.11

33.1.3

Field Trials

See section 501.12

33.2

Country Club

USE
CODE

USE

R200

R80

R40

R30

R20

R10

COD-R

MOD-R

NOTES

33.3

Tennis Courts

33.4

Marina/Yacht Club

33.5

Transient Amusement

33.6

Outdoor Entertainment

33.11

Golf Course, without alcohol

33.12

Golf Course, with alcohol

Indoor Sports Facility

Nonprofit Community Park or Playground

35.1

Nonprofit Community Center

35.2

Nonprofit Fraternal
Organization

Wildlife Refuge

4.0 GENERAL SERVICES

Bed and Breakfast,
up to 12 rooms

See section 504.9

40.1

Hotel, up to 20 rooms

See section 501.9

40.2

Motel or Hotel, over 20 rooms

See section 501.9

40.3

Transient Trailer Park Land Development Project

See section 501.8

Office, Personal and Limited Business Service, up to 10,000 s.f. GLFA/use

41.1

Mortuary or Funeral Home

Special use criteria under development

USE
CODE

USE

R200

R80

R40

R30

R20

R10

COD-R

MOD-R

NOTES

Office, Personal and Limited Business Service, 10,001—50,000 s.f. GLFA/use

Office, Personal and Limited Business Service, over 50,000 s.f. GLFA/use

General Business Service, up to 10,000 s.f. GLFA/use

44.1

General Business Service, 10,001—50,000 s.f. GLFA/use

44.2

General Business Service, over 50,000 s.f. GLFA/use

Automotive or Gasoline Service Station

Construction Service

Indoor only.

46.1

Artisan Workshop

Heavy Construction Service

5.0 TRADE

Wholesale Trade,
within enclosed structure

51.1

General Warehouse

51.2

Self Storage Facility

USE
CODE

USE

R200

R80

R40

R30

R20

R10

COD-R

MOD-R

NOTES

51.3

Wholesale Trade of Seafood Products (including land based aquaculture support services) - Up to 5,000 s.f. GLFA

Wholesale Trade,
with outdoor storage

52.1

Boat Storage

Wholesale or Retail Trade of Petroleum Products,
up to 100,000 gal.

53.1

Wholesale or Retail Trade of Petroleum Products,
more than 100,000 gal.

53.2

Wholesale or Retail Trade of Liquified Gas

Retail Trade of Building
Materials, up to 10,000 s.f. GLFA/use

54.1

Retail Trade of Building
Materials, 10,001—50,000 s.f. GLFA/use

54.2

Retail Trade of Building
Materials, over 50,000 s.f. GLFA/use

Retail Trade, up to 10,000 s.f. GLFA/use

USE
CODE

USE

R200

R80

R40

R30

R20

R10

COD-R

MOD-R

NOTES

55.1

Retail Trade, 10,001—50,000 s.f. GLFA/use

55.2

Retail Trade, over 50,000 s.f. GLFA/use

55.3

Liquor Store

55.4

Retail Trade of Automotive Products

55.5

Retail Trade of Marine
Products

55.6

Retail Trade, Automotive and Marine, Indoor Only

55.7

Retail Trade of Seafood Products - Up to 5,000 s.f. GLFA

Restaurant, without alcohol

56.1

Restaurant, with alcohol

See section 504.18

56.2

Saloon

56.3

Accessory Entertainment to Restaurant or Bar

See section 504.19

56.4

Mobile Food Establishment

See section 511

56.5

Mobile Food Court

See section 511

Adult Entertainment

57.1

Adult Entertainment,
with alcohol

Accessory Drive-up Window

* S in CD for financial institutions only. Special use criteria under development

USE
CODE

USE

R200

R80

R40

R30

R20

R10

COD-R

MOD-R

NOTES

58.1

Accessory Walk-up Window

6.0 TRANSPORTATION, COMMUNICATION, AND UTILITIES

Transportation Center

61.1

Motor Vehicle Rental Service

61.2

Marine Passenger Terminal

61.3

Truck or Trailer Rental Service

Freight Terminal

62.1

Marine Freight Terminal

Aircraft Transportation
and Maintenance

Parking Garage

64.1

Parking Lot

Utilities Infrastructure

65.1

Satellite Dish Antenna,
over 1 meter diameter

65.2

Private Cellular
Communications Antenna
Array on Existing
Residential Structure

See section 508

65.3

Private Cellular
Communications Antenna
Array on Existing
Nonresidential Structure

See section 508

USE
CODE

USE

R200

R80

R40

R30

R20

R10

COD-R

MOD-R

NOTES

65.4

Public Cellular
Communications Antenna
Array on Existing Structure

See section 508

65.5

Private Cellular
Communications Tower

See section 508

65.6

Public Cellular
Communications Tower

See section 508

65.7

Other Communications Tower, including
Broadcast TV or Radio

65.8

Broadcasting Studio

Power Plant, wind, gas, low sulfur, oil

66.1

Power Plant, other

66.2

Incinerator

66.3

Private Waste Facility

66.4

Major Solar Energy System Land Development Project

See section 510

66.5

Minor Solar Energy System

See section 510

66.7

Accessory Solar Energy System

See section 503.9

66.8

Contaminated Site Solar Energy System

See section 510

Landfill

67.1

Waste Tire Storage Facility

Off-Premises Sign

USE
CODE

USE

R200

R80

R40

R30

R20

R10

COD-R

MOD-R

NOTES

7.0 INDUSTRIAL

Food Products Manufacturing

Textile Products Manufacturing

Wood Products Manufacturing

73.1

Paper Products Manufacturing and Printing

Chemical Products
Manufacturing

74.1

Agricultural Products
Manufacturing

74.2

Rubber and Plastic Products Manufacturing

Petroleum Products
Manufacturing

75.1

Paving and Building Materials Manufacturing

Special use criteria under development

Stone, Clay and Glass Products Manufacturing

Special use criteria under development

Mineral Products
Manufacturing

77.1

Junk Yard

Primary Metal Industries

78.1

Fabricated Metal Products Manufacturing

78.2

Drop Forge Industries

USE
CODE

USE

R200

R80

R40

R30

R20

R10

COD-R

MOD-R

NOTES

78.3

Machinery Manufacturing

78.4

Transportation Equipment Manufacturing

78.5

Ship Building and Repair

Scientific Equipment
Manufacturing

79.1

Jewelry Manufacturing

79.2

Arts and Crafts Manufacturing

8.0 NOXIOUS INDUSTRIAL

Nuclear Industries

Slaughter of Animals

82.1

Seafood Canning and
Preserving

82.2

Leather and Fur Tanning

82.3

Glue Manufacturing

Tobacco Products
Manufacturing

Pulp or Paper Mills

Acid Manufacturing

85.1

Toxic Gases or Chemicals
Manufacturing

Petroleum Refining

86.1

Creosote Manufacturing or Treatment

86.2

Tire Manufacturing

Explosives Manufacturing

Lime, Gypsum or Plaster of Paris Manufacturing

USE
CODE

USE

R200

R80

R40

R30

R20

R10

COD-R

MOD-R

NOTES

9.0 EXTRACTIVE INDUSTRIAL

Earth Removal Land
Development Project

See section 507.26 and Subdivision and Land Development Regulations

Rock Quarrying Land
Development Project

See section 507.26 and Subdivision and Land Development Regulations

Extractive Materials Processing, Distribution, and Storage Land Development Project

See section 507.26 and Subdivision and Land Development Regulations

10.0 MARIJUANA-RELATED USES

100

Marijuana retail facility

See section 504.15

101

Marijuana cultivation facility

See section 504.15

102

Cannabis retailer/

Hybrid cannabis retailer

103

Cannabis and/or Marijuana Cultivator

104

Cannabis and/or Marijuana Product Manufacturer

105

Cannabis and/or Marijuana Testing Laboratory

USE CODE	USE	IND-1	IND-2	IND-3	GI	OS	COD-CMT MOD-CMT	COD-MT MOD-MT	NOTES
	0.0 AGRICULTURAL
01	Crop Farm	Y	Y	Y	Y	Y	N	N
02	Livestock Farm	Y	Y	Y	Y	Y	N	N
03	Pig Farm	N	N	N	N	N	N	N
04	Fish Hatchery	Y	Y	Y	Y	Y	N	N
05	Boarding Animals	N	Y	Y	Y	Y	N	N	See section 504.10
05.1	Pet Day Care Facility	SY	N	N	N	N	N	N	See section 504.10
	1.0 RESIDENTIAL
10	Single-Household Detached Structure	N	N	N	N	N	N	N	Farm residence permitted as accessory use in OS Zone.
11	Two-Household Detached Structure	N	N	N	N	N	N	N	Farm residence permitted as accessory use in OS Zone.
12	Multi-Household Detached Structure, up to 12 Units, LDP	N	N	N	Y	N	N	N	Public water and sewer required. Land Development Project—See Subdivision and Land Development Regulations
12.1	Multi-Household Land Development Project	N	N	N	Y	N	N	N	Public water and sewer required. Land Development Project—See Subdivision and Land Development Regulations
12.2	Multi-Household Detached Structure, up to 12 Units, Elderly Only, LDP	N	N	N	Y	N	N	N	Public water and sewer required. Land Development Project—See Subdivision and Land Development Regulations
12.3	Multi-Household Land Development Project, Elderly Only	N	N	N	Y	N	N	N	Public water and sewer required. Land Development Project—See Subdivision and Land Development Regulations

USE CODE

USE

IND-1

IND-2

IND-3

COD-CMT

MOD-CMT

COD-MT

MOD-MT

NOTES

12.4

Residential Compound

12.5

Flexible Design Residential Projects

Loft, Commercial Artist

Sorority or Fraternity House

Community Residence

15.1

Halfway House

15.2

Transient Residential Facility

Single Mobile or Manufactured Home

16.1

Mobile or Manufactured Home Park Land Development Project

16.2

Senior Residential Community LDP, Elderly Only

See section 501.7

2.0 INSTITUTIONAL AND GOVERNMENTAL SERVICES

Educational Institution,
Primary through Secondary

20.1

Special Needs Schools

Higher Educational Institution, Privately Owned and Operated

Permitted as accessory use in IND-1 zone. See also section 101 Zoning Districts

21.1

Higher Educational Institution, State Owned and Operated

Permitted as accessory use in IND-1 zone. See also section 101 Zoning Districts

Special Schools

Religious Services

23.1

Religious Housing

See section 501.10

USE CODE

USE

IND-1

IND-2

IND-3

COD-CMT

MOD-CMT

COD-MT

MOD-MT

NOTES

Health Care Institution Land Development Project

See section 603.2

24.1

Drug or Alcohol Rehabilitation Facility

24.2

Medical or Dental Office

24.3

Veterinary Office

See section 504.10

24.3.1

Veterinary Hospital

See section 504.10

24.4

Residential Care and Assisted Living Land Development Project

See Subdivision and Land Development Regulations for required standards

Government Garage or Utility

25.1

Correctional Institution

25.2

Public Safety Facility

25.3

Government Use, Not Herein Specified

25.4

Government Waste Facility

Day Care Home

26.1

Day Care Center,
up to 12 people

26.2

Day Care Center,
more than 12 people

Service Organization

Cemetery

28.1

Crematorium

3.0 CULTURAL, ENTERTAINMENT AND RECREATION SERVICES

Nonprofit Museum or Library

Spectator Assembly

32.1

Race Track

32.2

Casino

USE CODE	USE	IND-1	IND-2	IND-3	GI	OS	COD-CMT MOD-CMT	COD-MT MOD-MT	NOTES
32.3	Legitimate Theater without alcohol	N	N	N	Y	N	N	N
32.4	Legitimate Theater with alcohol	N	N	N	S	N	N	N	See section 504.18
33	Outdoor Recreation Facility	N	N	N	Y	Y	N	N	See section 501.11 Supplementary Use Regulations for additional mandatory regulatory standards
33.1	Outdoor Shooting Range	N	N	N	N	N	N	N
33.1.1	Bow and Arrow Range/Clay Shooting	N	N	N	N	S	N	N	See Sec. 501.12
33.1.2	Indoor Shooting Range	S	S	S	N	N	N	N	See Sec. 501.11
33.1.3	Field Trials	N	N	N	N	S	N	N	See Sec. 501.12
33.2	Country Club	N	SN	SN	SN	SN	N	N
33.3	Tennis Courts	N	N	N	Y	Y	N	N
33.4	Marina/Yacht Club	N	N	N	Y	N	N	N
33.5	Transient Amusement	N	Y	Y	Y	Y	N	N
33.6	Outdoor Entertainment	N	N	N	N	N	N	N
33.11	Golf Course, without alcohol	N	SY	NY	SY	SN	N	N
33.12	Golf Course, with alcohol	N	SN	N	SN	SN	N	N
34	Indoor Sports Facility	Y	Y	Y	Y	N	N	N
35	Nonprofit Community Park or Playground	Y	Y	N	Y	Y	N	N
35.1	Nonprofit Community Center	Y	SY	SY	Y	SN	N	N
35.2	Nonprofit Fraternal Organization	Y	N	N	Y	N	N	N
36	Wildlife Refuge	Y	Y	Y	Y	Y	N	N
37	Arts based, Industrial Facility Adaptive Reuse	Y/N*	N	N	N	N	N	N	~~Uses n~~*Not permitted in IND-1 zoned areas in West Kingston

USE CODE	USE	IND-1	IND-2	IND-3	GI	OS	COD-CMT MOD-CMT	COD-MT MOD-MT	NOTES
	4.0 GENERAL SERVICES
40	Bed and Breakfast, up to 12 rooms	N	N	N	N	SN	N	N	See section 504.9 - In OS zone, existing structure only
40.1	Hotel, up to 20 rooms	N	N	N	N	N	N	N	See section 501.9
40.2	Motel or Hotel, over 20 rooms	N	N	N	N	N	N	N	See section 501.9
40.3	Transient Trailer Park Land Development Project	N	N	N	N	N	N	N	See section 501.9
41	Office, Personal and Limited Business Service, up to 10,000 s.f. GLFA/use	Y	N	N	N	N	N	N
41.1	Mortuary or Funeral Home	N	N	N	N	N	N	N
42	Office, Personal and Limited Business Service, 10,001—50,000 s.f. GLFA/use	SY	N	N	N	N	N	N
43	Office, Personal and Limited Business Service, over 50,000 s.f. GLFA/use	SN	N	N	N	N	N	N
44	General Business Service, up to 10,000 s.f. GLFA/use	Y	N	N	N	N	N	N
44.1	General Business Service, 10,001—50,000 s.f. GLFA/use	SY	N	N	N	N	N	N
44.2	General Business Service, over 50,000 s.f. GLFA/use	SN	N	N	N	N	N	N
45	Automotive or Gasoline Service Station	SY	Y	SN	N	N	N	N
46	Construction Service	Y	Y	Y	N	N	N	N
46.1	Artisan Workshop	Y	N	N	N	N	N	N
47	Heavy Construction Service	Y	Y	Y	N	N	N	N

USE CODE	USE	IND-1	IND-2	IND-3	GI	OS	COD-CMT MOD-CMT	COD-MT MOD-MT	NOTES
	5.0 TRADE
51	Wholesale Trade, within enclosed structure	Y	Y	Y	N	N	N	N
51.1	General Warehouse	Y	Y	Y	N	N	N	N
51.2	Self Storage Facility	Y	Y	Y	N	N	N	N
51.3	Wholesale Trade of Seafood Products (including land based aquaculture support services) - Up to 5,000 s.f. GLFA	SY	N	N	N	N	N	N
52	Wholesale Trade, with outdoor storage	SY	Y	Y	N	N	N	N
52.1	Boat Storage	Y	Y	Y	N	N	N	N
53	Wholesale or Retail Trade of Petroleum Products, up to 100,000 gal.	Y	Y	Y	N	N	N	N
53.1	Wholesale or Retail Trade of Petroleum Products, more than 100,000 gal.	SN	Y	Y	N	N	N	N
53.2	Wholesale or Retail Trade of Liquified Gas	Y	Y	Y	N	N	N	N
54	Retail Trade of Building Materials, up to 10,001 s.f. GLFA/use	Y	Y	Y	N	N	N	N
54.1	Retail Trade of Building Materials, 10,001—50,000 s.f. GLFA/use	Y	Y	Y	N	N	N	N
54.2	Retail Trade of Building Materials, over 50,000 s.f. GLFA/use	SN	N	N	N	N	N	N

USE CODE	USE	IND-1	IND-2	IND-3	GI	OS	COD-CMT MOD-CMT	COD-MT MOD-MT	NOTES
55	Retail Trade, up to 10,000 s.f.	N	N	N	N	N	N	N
55.1	Retail Trade, 10,001—50,000 s.f. GLFA/use	N	N	N	N	N	N	N
55.2	Retail Trade, over 50,000 s.f. GLFA/use	N	N	N	N	N	N	N
55.3	Liquor Store	N	N	N	N	N	N	N
55.4	Retail Trade of Automotive Products	N	N	N	N	N	N	N
55.5	Retail Trade of Marine Products	N	N	N	N	N	N	N
55.6	Retail Trade, Automotive and Marine, Indoor Only	Y	N	N	N	N	N	N
55.7	Retail Trade of Seafood Products - Up to 5,000 s.f. GLFA	N	N	N	N	N	N	N
56	Restaurant, without alcohol	SN	N	N	N	N	N	N
56.1	Restaurant, with alcohol	SN	N	N	N	N	N	N	See section 504.19
56.2	Saloon	N	N	N	N	N	N	N
56.3	Accessory Entertainment to Restaurant or Bar	N	N	N	N	N	N	N	See section 504.19
56.4	Mobile Food Establishment	Y	Y	Y	Y	Y	N	N	See section 511
56.5	Mobile Food Court	S	S	S	S	S	N	N	See section 511
57	Adult Entertainment	N	Y	N	N	N	N	N
57.1	Adult Entertainment, with alcohol	N	N	N	N	N	N	N
58	Accessory Drive-up Window	N	N	N	N	N	N	N
58.1	Accessory Walk-up Window	Y	Y	Y	Y	Y	N	N

USE CODE	USE	IND-1	IND-2	IND-3	GI	OS	COD-CMT MOD-CMT	COD-MT MOD-MT	NOTES
	6.0 TRANSPORTATION, COMMUNICATION, AND UTILITIES
61	Transportation Center	Y	Y	N	Y	N	N	N
61.1	Motor Vehicle Rental Service	SY	Y	N	N	N	N	N
61.2	Marine Passenger Terminal	N	N	N	Y	N	N	N
61.3	Truck or Trailer Rental Service	SY	Y	Y	N	N	N	N
62	Freight Terminal	N	Y	Y	N	N	N	N
62.1	Marine Freight Terminal	N	N	N	N	N	N	N
63	Aircraft Transportation and Maintenance	N	N	N	N	N	N	N
64	Parking Garage	SN	N	N	SY	N	N	N
64.1	Parking Lot	Y	Y	Y	Y	N	N	N
65	Utilities Infrastructure	Y	Y	Y	Y	Y	N	N
65.1	Satellite Dish Antenna, over 1 meter diameter	Y	Y	Y	Y	N	N	N
65.2	Private Cellular Communications Antenna Array on Existing Residential Structure	N	N	N	Y	N	N	N	See section 508
65.3	Private Cellular Communications Antenna Array on Existing Nonresidential Structure	Y	Y	Y	Y	Y	N	N	See section 508
65.4	Public Cellular Communications Antenna Array on Existing Structure	Y	Y	Y	Y	Y	N	N	See section 508
65.5	Private Cellular Communications Tower	S	S	S	S	S	N	N	See section 508

USE CODE	USE	IND-1	IND-2	IND-3	GI	OS	COD-CMT MOD-CMT	COD-MT MOD-MT	NOTES
65.6	Public Cellular Communications Tower	S	S	S	Y	S	N	N	See section 508
65.7	Other Communications Tower, including Broadcast TV or Radio	SN	SN	SN	N	N	N	N
65.8	Broadcasting Studio	Y	Y	Y	N	N	N	N
66	Power Plant, wind, gas, low sulfur, oil, other	N	SN	SN	N	N	N	N
66.1	Power Plant, other	N	N	N	N	N	N	N
66.2	Incinerator	N	N	N	N	N	N	N
66.3	Private Waste Facility	N	N	N	N	N	N	N
66.4	Major Solar Energy System Land Development Project	S	S	S	Y	N	N	N	See section 510
66.5	Minor Solar Energy System	S	S	S	Y	N	N	N	See section 510
66.7	Accessory Solar Energy System	Y	Y	Y	Y	Y	N	N	See section 503.9
66.8	Contaminated Site Solar Energy System	S	S	S	Y	N	N	N	See section 510
67	Landfill	N	N	N	N	N	N	N
67.1	Waste Tire Storage Facility	N	N	N	N	N	N	N
68	Off-Premises Sign	N	N	N	N	N	N	N
	7.0 INDUSTRIAL
71	Food Products Manufacturing	Y	Y	Y	N	N	N	N
72	Textile Products Manufacturing	Y	Y	Y	N	N	N	N
73	Wood Products Manufacturing	Y	Y	Y	N	N	N	N
73.1	Paper Products Manufacturing and Printing	SY	N	Y	N	N	N	N
74	Chemical Products Manufacturing	Y	N	N	N	N	N	N
USE CODE	USE	IND-1	IND-2	IND-3	GI	OS	COD-CMT MOD-CMT	COD-MT MOD-MT	NOTES
74.1	Agricultural Products Manufacturing	N	N	N	N	N	N	N
74.2	Rubber and Plastic Products Manufacturing	SN	N	Y	N	N	N	N
75	Petroleum Products Manufacturing	N	N	Y	N	N	N	N
75.1	Paving and Building Materials Manufacturing	N	N	S	N	N	N	N
76	Stone, Clay and Glass Products Manufacturing	N	N	S	N	N	N	N
77	Mineral Products Manufacturing	N	N	N	N	N	N	N
77.1	Junk Yard	N	N	N	N	N	N	N
78	Primary Metal Industries	N	N	N	N	N	N	N
78.1	Fabricated Metal Products Manufacturing	Y	Y	Y	N	N	N	N
78.2	Drop Forge Industries	N	N	N	N	N	N	N
78.3	Machinery Manufacturing	Y	Y	Y	N	N	N	N
78.4	Transportation Equipment Manufacturing	SY	Y	Y	N	N	N	N
78.5	Ship Building and Repairing	SY	Y	Y	N	N	N	N
79	Scientific Equipment Manufacturing	Y	Y	Y	N	N	N	N
79.1	Jewelry Manufacturing	Y	Y	Y	N	N	N	N
79.2	Arts and Crafts Manufacturing	Y	Y	Y	N	N	N	N
	8.0 NOXIOUS INDUSTRIAL
81	Nuclear Industries	N	N	N	N	N	N	N
82	Slaughter of Animals	N	N	N	N	N	N	N
82.1	Seafood Canning and Preserving	N	N	N	N	N	N	N
USE CODE	USE	IND-1	IND-2	IND-3	GI	OS	COD-CMT MOD-CMT	COD-MT MOD-MT	NOTES
82.2	Leather and Fur Tanning	N	N	N	N	N	N	N
82.3	Glue Manufacturing	N	N	N	N	N	N	N
83	Tobacco Products Manufacturing	N	N	N	N	N	N	N
84	Pulp or Paper Mills	N	N	N	N	N	N	N
85	Acid Manufacturing	N	N	N	N	N	N	N
85.1	Toxic Gases or Chemicals Manufacturing	N	N	N	N	N	N	N
86	Petroleum Refining	N	N	N	N	N	N	N
86.1	Creosote Manufacturing or Treatment	N	N	N	N	N	N	N
86.2	Tire Manufacturing	N	N	N	N	N	N	N
87	Explosives Manufacturing	N	N	N	N	N	N	N
88	Lime, Gypsum or Plaster of Paris Manufacturing	N	N	N	N	N	N	N
	9.0 EXTRACTIVE INDUSTRIAL
90	Earth Removal Land Development Project	N	Y	Y	N	N	N	N	See section 507.26 and Subdivision and Land Development Regulations
91	Rock Quarrying Land Development Project	N	Y	Y	N	N	N	N	See section 507.26 and Subdivision and Land Development Regulations
92	Extractive Materials Processing, Distribution, and Storage Land Development Project	N	N	N	N	N	N	N	See section 507.26 and Subdivision and Land Development Regulations

USE CODE	USE	IND-1	IND-2	IND-3	GI	OS	COD-CMT MOD-CMT	COD-MT MOD-MT	NOTES
	10.0 MARIJUANA-RELATED USES
100	Marijuana retail facility	N	N	N	N	N	N	N
101	Marijuana cultivation facility	N	N	N	N	N	S	S
102	Marijuana emporium	N	N	N	N	N	N	N
103	Cannabis and/or Marijuana Cultivator	N	N	N	N	N	S	N	See section 504.15
104	Cannabis and/or Marijuana Product Manufacturer	N	N	N	N	N	S	S	See section 504.15
105	Cannabis and/or Marijuana Testing Laboratory	N	N	N	N	N	S	S	See section 504.15

(Ord. of 3-12-01, § I; Ord. of 7-23-01; Ord. of 5-13-02; Ord. of 7-22-02, §§ 1a, 1b; Ord. of 8-12-03; Ord. of 4-10-06; Ord. of 5-12-08(2); Ord. of 5-12-08(3); Ord. of 5-26-09; Ord. of 11-14-11; Ord. of 9-24-12; Ord. of 3-9-15 ; Ord. of 7-25-16 ; Ord. of 9-26-16(2) ; Ord. of 10-24-16 ; Ord. of 5- 8-17 ; Ord. of 6-12-17 ; Ord. of 6-

Discussion ensues relative to the Planning Board providing quarterly status updates to the Town Council on the drafting of special use standards.

UNANIMOUSLY VOTED: to add to the January 8, 2024 Agenda, a resolution directing Staff to send a letter to the General Assembly requesting an extension of time, flexibility regarding density, and resources to assist in preparation of additional amendments.

8. PUBLIC COMMENTS

Council President McEntee invites residents to come forward with comments.

Mark Parsons is present and comments on the Town’s decision to discontinue maintenance of private roads.

Tim ONeill is present and comments on traffic concerns within the Town.

The following members of the public comment relative to the Town’s decision to discontinue maintenance of private roads:

Tom Filiberto

Vincent Criscione

Norma Roelke

Christopher Swartz

Justina Oliva

9. NEW BUSINESS

B. UNANIMOUSLY VOTED: to affirm a proclamation in recognition of Small Business Saturday in South Kingstown, as follows:

SMALL BUSINESS SATURDAY

WHEREAS, the Town Council of the Town of South Kingstown celebrates our local small businesses and the contributions they make to our local economy and community; and

WHEREAS, according to the U.S. Small Business Administration, there are 33.2 million small businesses in the United States: small businesses represent 99.7% of firms with paid employees, small businesses are responsible for 62.7% of net new jobs created since 1995, and small businesses employ 46.4% of the employees in the private sector in the United States; and

WHEREAS, 68 cents of every dollar spent at a small business in the United States stays in the local community and every dollar spent at small businesses creates an additional 48 cents in local business activity as a result of employees and local businesses purchasing local goods and services; and

WHEREAS, 72% of consumers reported that Small Business Saturday 2022 made them want to shop and dine at small, independently-owned retailers and restaurants all year long; and

WHEREAS, South Kingstown supports our local businesses that create jobs, boost our local economy and preserve our neighborhoods; and

WHEREAS, advocacy groups as well as public and private organizations across the country have endorsed the Saturday after Thanksgiving as Small Business Saturday.

NOW THEREFORE, WE THE TOWN COUNCIL OF THE TOWN OF SOUTH KINGSTOWN do hereby proclaim November 25, 2023 as SMALL BUSINESS SATURDAY and urge the residents of our community, and communities across the country, to support small businesses and merchants on SMALL BUSINESS SATURDAY and throughout the year.

C. UNANIMOUSLY VOTED: to adopt a Town Municipal and Housing Court seal; as further described in a memorandum from the Deputy Town Clerk to the Town Manager dated December 5, 2023 and entitled “Municipal Court Seal.”

D. Lori-Ann Fox, Director of Technology is present and reviews New Business Items 9D and 9E.

UNANIMOUSLY VOTED: to authorize a contract extension to ThinkGard LLC, 160 Yeager Parkway, Suite 200, Pelham, AL 35124 for backup and disaster recovery services in an amount not to exceed $14,789 for a three (3) year term with a 3-year renewal option not to exceed a ten percent (10%) increase over the prior year; as further described in a memorandum from the Director of Technology to the Town Manager dated December 4, 2023 and entitled “Contract Extension for Backup Services.”

E. UNANIMOUSLY VOTED: to authorize an award to CDW-Government LLC, 75 Remittance Drive, Suite 1515, Chicago, IL 60675 for firewall maintenance in an amount not to exceed $19,300 with a 3-year renewal option not to exceed a ten percent (10%) increase over the prior year, in accordance with RI Master Pricing Agreement #345; as further described in a memorandum from the Director of Technology to the Town Manager dated December 5, 2023 and entitled “Firewall Maintenance Recommendation.”

F. Richard Bourbonnais, Director of Public Services is present and explains that a wastewater discharge permit is required for all industrial users and commercial users proposing to contribute to the public wastewater system. Ordinance revisions adopted in 2022 require brewers to make improvements due to the elevated waste levels they put out. It has been determined that a yearly $1000 wastewater discharge permit brewery fee is sufficient to cover the required additional monitoring and sampling.

Discussion ensues relative to notification to the breweries and Biological Oxygen Demand (BOD) volume.

UNANIMOUSLY VOTED: to establish a wastewater discharge permit Brewery fee effective immediately as follows, and amend the Town’s Schedule of Fees; and as further described in a memorandum from the Director of Public Services to the Town Manager dated December 5, 2023 and entitled “Brewery – Wastewater Discharge Permit Fee.”

Wastewater Management

ADD:

Wastewater Discharge Permit:

Brewery $1,000/year

G. The Town Manager explains that the Town is looking to evaluate the South Road Elementary School building and the surrounding area of the property for potential reuse or redevelopment as affordable housing. It is required that a comprehensive assessment of the school be done including a hazardous building materials investigation.

UNANIMOUSLY VOTED: to authorize an award of contract to GZA, Inc., 188 Valley Street, Suite 300, Providence, RI 02909 for a Limited Hazardous Building Materials Investigation & Associated Mitigation and Demolition Estimates, in an amount not to exceed $9,875 as a “Professional Service” pursuant to Section 6-26(d) of the Town’s Code of Ordinances; as further described in a memorandum from the Deputy Town Manager/ DOAS to the Town Manager dated December 5, 2023 and entitled “Request for Award of Contract for Limited Hazardous Building Materials Investigation – South Road Elementary School.”

H. The Town Manager provides a brief background regarding the purpose of the proposed resource sharing agreement.

Craig Stanley, Chief of Emergency Medical Services and reviews the need to lend or borrow rescue vehicles with neighboring mutual aid partners and the importance of establishing coverage and liability.

UNANIMOUSLY VOTED: to authorize the Town Manager to enter into a resource sharing agreement with neighboring mutual aid-partners: Narragansett Fire Department, North Kingstown Fire Department, URI EMS, and Charlestown Rescue for temporary lending of rescue vehicles; as further described in a memorandum from the Chief of EMS to the Town Manager dated December 5, 2023 and entitled: “Resource Sharing Agreement.”

8. PUBLIC COMMENTS continued

Council President McEntee invites residents to come forward with comments.

The following members of the public comment relative to the Town’s decision to discontinue maintenance of private roads:

Regina Buonocore

Tom Routliffe

Robert Hoyle

Cheryl Swartz

Steve Miller, Kent Washington Association of Realtors

Kerry Burns

Doug Shapiro

Robert Mulholland

Dorald Beasley is present and comments on the Town’s decision to discontinue maintenance of private roads and the school budget.

Jack Cadman is present and comments on South Kingstown student test scores and that South Kingstown High School test score are ranked 6^th in the State.

Jim O’Neill is present and comments on the Town’s decision to discontinue maintenance of private roads, recreational cannabis, recently adopted Town Code amendments related to the implementation of Municipal Court, and the housing crisis.

10. TOWN MANAGER’S REPORT

B. The Town Manager reviews the schedule for the Town’s Boards and Commissions to attend Town Council Work Sessions.

Discussion ensues relative to scheduling the Planning Board to attend the Town Council meetings more frequently due to the volume of their upcoming items and bringing in other Boards and Commissions more frequently on an as needed basis.

Further discussion ensues relative to correspondence received from Thundermist regarding the use of Wakefield Elementary School.

The Town Manager explains that the Town is handling one vacant school at a time and the first priority is South Road School. It is noted that direction from the Town Council is needed to determine how Wakefield Elementary School will be used in the future prior to entertaining any offers.

A. Lucas Murray, Deputy Town Manager reviews a meeting held on December 7^th by the School Building Committee (SBC). The School Committee allocated approximately $350,000 to fund phase one services for both an architect and an owners project manager (OPM). A Request for Qualifications (RFQ) for an architect has been issued and Staff is in the process of putting together a selection committee to consist of four members of the SBC, one member of the Town Council, and two members from the public; applications will be available within the next week.

Discussion ensues relative to the $350,000 allocation from the School Committee, and appointment of the selection committee.

The Deputy Town Manager further reviews the upcoming SBC meeting schedule and an amended contract proposal by LeftField, OPM to amend their total man hours through May due to the postponement of the School Bond Referendum.

Discussion ensues relative to LeftField’s contract proposal, when the architect selection will be brought before the Town Council, the role of the OPM, and the status of the Stage II application to the RI Department of Education (RIDE).

11. COMMUNICATIONS

A. Mary Leyden is present and reviews a memorandum dated February 7, 1985 from former Town Manager Stephen Alfred regarding road service on private roads and requests the Town to reverse their decision to discontinue maintenance of private roads.

Michael Ursillo, Town Solicitor reviews the contents of the memo and notes that there were no legal arrangements and maintaining certain private roads was a policy. There are two ways for a road to become a public road. The first is by statute where the Town Council formally accepts the road as a public road after certain criteria are met. The second is by common law where a court designates the road as a public road. The referenced 1985 memo has no bearing on the policies currently put in place.

Ms. Leyden notes that the 12.5 miles of private roads continued to be plowed after the memo was presented in 1985. Ms. Leyden suggests designating those roads as public or reinstating the previous policy to plow those certain private roads for an additional year. Ms. Leyden also expresses concerns relating to safety and ability to contract with a private plowing company.

UNANIMOUSLY VOTED: to continue the meeting past 11:00 PM.

Discussion ensues relative to the research done to address safety concerns, the inability to plow certain private roads and not all, the meaning of the referenced 1985 memo, providing a subsidy to a minority of residents at the expense of other taxpayers, the importance of equity, and the Town Council’s opposition of changing the January 23, 2023 decision to discontinue the maintenance of private roads.

UNANIMOUSLY VOTED: that an email dated November 19, 2023 from Mary Leyden at the request of Councilwoman Alley concerning a memorandum from former Town Manager Stephen Alfred regarding road service on private roads is received and placed on file.

Council President McEntee calls for a brief recess at 11:21 PM.

Reconvened to Regular Session at 11:29 PM.

B. The Town Manager reviews his discussions with the Chief of Police relative to speeding issues and increased traffic, and notes that drivers using the Waze navigation app are directed down routes less traveled such as Middlebridge Road. A speed sign is being placed on Woodruff Avenue to gather data, the Town could potentially place a three way stop, and another traffic summit is going to be held by the Chief of Police to gather feedback from residents. A five-day traffic speed study conducted within the Town’s school zones showed that out of approximately 73,000 vehicles, 46,734 vehicles sped through those zones.

The Town Manager presents potential options for traffic enforcement and the need for further discussion to begin resolving these issues.

Chris Chivers is present and thanks the Town Council and Staff for their responsiveness to this issue and requests a couple of stop signs to assist in mitigating some of the speeding issues.

Discussion ensues relative to the process to allow and install stop signs, traffic enforcement options, and the potential to secure grant funding to assist with improving traffic safety.

No action is taken.

C. Lou Chrostowski is present and comments in opposition to the Town’s decision to discontinue maintenance on private roads. Mr. Chrostowski reviews the extensive research conducted by Town residents, the Broad Hill Residential Compound Homeowners Association’s January 2023 request for plowing on their roads, the memorandum dated February 7, 1985 from former Town Manager Stephen Alfred regarding road service on private roads, correspondence with Town Staff, and State law definition of a private road.

The Town Manager clarifies that the referenced 1985 memo was found approximately four months after the January 2023 meeting which was then forwarded to the Town Solicitor and Town Council, and that the two meetings held with Mr. Routliffe were well documented.

The Town Solicitor reviews potential private plow contractor options and residents ability to form a homeowners association.

Discussion ensues relative to the Town Solicitor’s role to work for and represent the Town Council, and private plow contractor interest in maintaining the private roads.

No action is taken.

D. Kate Brewster is present and reviews her request for a resolution in support of the State exempting local taxation of all real, mixed, and personal property owned by the Jonnycake Center Realty Corporation.

The Jonnycake Center has renovated seven units and created one new unit with the intention to renovate and create 19 additional service enhanced units. In 2021 the Town Council approved a three-year Payment in Lieu of Tax (PILOT) agreement with the Jonnycake Center for the low-income rental properties acquired from the Welcome House so there would be no loss in revenue for the Town.

Discussion ensues relative to those properties and the 2021 PILOT agreement.

UNANIMOUSLY VOTED: that an email dated December 1, 2023 from Kate Brewster, Chief Executive Officer, Jonnycake Center requesting a resolution in support of the State exempting local taxation of all real, mixed, and personal property owned by the Jonnycake Center Realty Corporation is received, placed on file, and the Town Council directs that a resolution in support of enabling legislation be sent to the General Assembly.

Discussion ensues relative to staff’s recommendations.

Wendy Duarte, Tax Assessor reviews the 2021 PILOT agreement in place that acted as a waiver for tax exemption and expires June 2024. It was discussed with the Town Solicitor’s office and recommended that the Jonnycake Center Realty Corporation receive tax exempt status from the State as a separate entity from the Jonnycake Center.

12. APPOINTMENTS - none

UNANIMOUSLY VOTED: to adjourn at 12:13 AM.

Nichole C. Romane

Deputy Town Clerk