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WORK SESSION

MARCH 13, 2023

At a WORK SESSION of the Town Council of the Town of South Kingstown, County of Washington, in the State of Rhode Island, held at the Town Hall, in and for said Town on the 13^th day of March 2023 at 6:02 PM.

PRESENT: Rory H. McEntee, President

Michael K. Marran, Vice President

Patricia A. Alley

Deborah D. Bergner

Jessica L. Rose

1. A. INTERVIEWS

Council Vice President Marran recuses himself from interviews of applicants to fill a vacancy on the School Committee due to a business relationship with one applicant, Joseph Martin.

The remaining four members of the Town Council interview applicants to fill a School Committee vacancy until November 2024. Each applicant is interviewed for approximately 10-15 minutes using a list of interview questions that had been compiled for this purpose regarding the following topics:

· Experience with difficult or unpopular decisions

· Experience with managing budgets, modifying programs due to budget constraints, oversight regarding facilities

· Ways to provide a diverse, equitable and inclusive learning environment

· Balancing the need for quality education with the need to control property taxes

Joseph Martin gives a statement concerning his interest in being appointed to the School Committee, and then responds to questions from individual Town Council members selected from their list of topics, and discussion ensues.

Alex Petrucci gives a statement concerning his interest in being appointed to the School Committee, and then responds to questions from individual Town Council members selected from their list of topics, and discussion ensues.

Andrew Holt gives a statement concerning his interest in being appointed to the School Committee, and then responds to questions from individual Town Council members selected from their list of topics, and discussion ensues.

Jeffrey Crawford gives a statement concerning his interest in being appointed to the School Committee, and then responds to questions from individual Town Council members selected from their list of topics, and discussion ensues.

Council Vice President Marran rejoins the meeting.

The Town Council interviews Christopher Moore regarding his interest in being appointed to the Bicycle – Pedestrian Advisory Committee.

1. B. WORK SESSION

Town Manager James M. Manni reviews Item 7A on this evening’s Agenda, a continued Public Hearing relative to proposed text amendments to the Zoning Ordinance associated with the sale, cultivation and/or manufacturing of recreational cannabis that include the creation of Cannabis Overlay Districts within the Town’s existing Commercial Highway and Industrial I Districts, and to amend the Town’s Zoning Map to create three new cannabis overlay districts. This hearing was continued from February 27, 2023 to allow for consideration of modifications to the overlay districts drafted by the Planning Board at the request of the Town Council.

The Town Manager reviews Public Hearing Item 7B relative to a proposed amendment to the Zoning Ordinance, Article 5. Supplementary Regulations, Section 502.7 Cottage Community, that would extend the sunset provision for two years.

The Town Manager reviews the Communications on this evening’s Agenda, beginning with Item 8A from the Historic District Commission requesting the Town Council to seek enabling legislation in support of a local demolition delay ordinance.

Communication Items 8B and 8C are resolutions from the Charlestown Town Council in support of full funding of categorical transportation aid, and in support of House Bill 2023 – H 5174 relative to identifying shoreline access for the public.

Communication Item 8D is an email from Paul Mazzilli requesting designation of Green Hill Ocean Drive as a public road.

Communication Item 8E is a request for adoption of a proclamation declaring South Kingstown a Medal of Honor Town in conjunction with the 300^th Anniversary Steering Committee’s National Medal of Honor Day Dedication and Remembrance Event.

An update on the School Building Committee will be presented under the Town Manager’s Report.

New Business Items are reviewed. Item 12A is a resolution adopting a proclamation recognizing Girl Scout Week. It is noted that Scouts will be in attendance to lead the pledge this evening.

Item 12B concerns the award of grants under the Town’s American Rescue Plan Act Program to the Jonnycake Center for Hope in the amount of $200,000, and to the South Kingstown Housing Authority in an amount not to exceed $100,000, in accordance with applications submitted for the Town’s affordable housing initiative.

Item 12C concerns the award of grants under the Town’s American Rescue Plan Act Program to Human Service and Outside Agencies that have applied for funding.

Item 12D is an order of notice for a Public Hearing relative to proposed amendments to the Town Code, Chapter 17 Taxation, Article III. Property Tax Exemptions For Elderly Persons that would extend the filing deadline and clarify the handling of late applications.

Item 12G concerns an award of contract for consulting engineering services for the Water Division.

Under the Town Manager’s Report this evening the Town’s Energy Aggregation Plan will be discussed in order to provide information and alleviate residents’ concerns.

Council Vice President Marran notes that he will recuse himself from consideration of the Chamber of Commerce application for grant funding under New Business Item 12C.

The Council takes a brief recess.

Convened to Regular Session.

Susan M. Flynn, CMC

Town Clerk

REGULAR SESSION

MARCH 13, 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 13^th day of March 2023 at 7:30 PM.

PRESENT: Rory H. McEntee, President

Michael K. Marran, Vice President

Patricia A. Alley

Deborah D. Bergner

Jessica L. Rose

1. C. REGULAR SESSION

2. A. PLEDGE OF ALLEGIANCE TO THE FLAG

The Pledge of Allegiance to the flag is led by members of the Southgansett Girl Scout troops.

B. LAND ACKNOWLEDGEMENT STATEMENT

The Land Acknowledgement Statement is read.

12A. New Business Item 12A is brought forward, read and presented, and it is

UNANIMOUSLY VOTED: to adopt a proclamation recognizing Girl Scout Week, as follows:

GIRL SCOUT WEEK

MARCH 12 – MARCH 18, 2023

WHEREAS, Sunday, March 12, 2023 marks the 111^th anniversary of Girl Scouts of the U.S.A., founded by Juliette Gordon Low in 1912 in Savannah, Georgia; and

WHEREAS, through Girl Scouting, girls grow in courage, confidence, character, and learn to make the world a better place; and

WHEREAS, throughout its long and distinguished history, Girl Scouts – the pre-eminent organization for girls – has inspired millions of girls and women with the highest ideals of character, conduct and patriotism; and

WHEREAS, Girl Scouting takes an active role in increasing the interest and skill levels of today’s youth in math, science and technology careers and to fulfill our country’s economic needs; and

WHEREAS, through participation in Project Undercover, a council wide community service project, every girl will learn that she can make a change for the better in her community; and

WHEREAS, the Girl Scout cookie sale is the world’s largest girl-led business, teaching financial literacy to girls of all ages; and

WHEREAS, the Girl Scouts of Southeastern New England which serves 3,264 girls in the Rhode Island area will be celebrating 111 years of an American tradition with more than 1.5 million current Girl Scout members nationwide.

NOW THEREFORE, WE THE TOWN COUNCIL OF THE TOWN OF SOUTH KINGSTOWN do hereby proclaim the week of March 12-18, 2023 as Girl Scout Week in the Town of South Kingstown and urge our citizens to support Girls Scouts in their endeavors.

8E. Communication Item 8E is brought forward. Mark Phillips, member of the South Kingstown Military Recognition Project discusses the upcoming Dedication Event, and it is

UNANIMOUSLY VOTED: that an email dated March 3, 2023 from Matthew McCoy requesting adoption of a proclamation declaring South Kingstown a Medal of Honor Town in conjunction with the 300^th Anniversary Steering Committee’s National Medal of Honor Day Dedication and Remembrance Event on March 25^th is received, placed on file, and the proclamation is adopted as follows.

MEDAL OF HONOR TOWN

WHEREAS, the Town of South Kingstown, Washington County, Rhode Island, was established in 1657 and incorporated in 1723; and

WHEREAS, the citizens of the town have always answered our nation’s call to arms and have fought gallantly in all of our nation’s armed conflicts; and

WHEREAS, the Medal of Honor is the highest military award for bravery that can be given to any individual in the Armed Forces of the United States if America; and

WHEREAS, the Medal of Honor was awarded to Sergeant William J. Babcock, Company E, 2^nd Rhode Island Infantry for his actions on April 2, 1865, at Petersburg, Virginia, and

WHEREAS, the Medal of Honor was awarded to Sergeant William G. Fournier, U.S. Army, Company M, 35^th Infantry Regiment, 25^th Infantry Division for his actions on January 10, 1943, at Guadalcanal, Solomon Islands; and

WHEREAS, the Medal of Honor was awarded to Corporal David B. Champagne, U.S. Marine Corps, Company A, 1^st Battalion, 7^th Marines, 1^st Marine Division (Reinforced) for his actions on May 28, 1952, in Korea; and

WHEREAS, South Kingstown appreciates the sacrifices that our Medal of Honor recipients made in defending our freedoms and believe it is important that we acknowledge them for their courage and show them the honor and support that they have earned.

NOW THEREFORE, we the Town Council of the Town of South Kingstown do hereby proclaim South Kingstown as a MEDAL OF HONOR TOWN and encourage the citizens of the Town of South Kingstown to show their appreciation for the sacrifices the Medal of Honor recipients have made in defending our freedoms, to acknowledge their courage, and to show them the honor and support they have earned.

3. ROLL CALL

Roll Call is taken and all members are present.

4. APPROVAL OF MINUTES OF PREVIOUS MEETINGS

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

B. Regular Session: UNANIMOUSLY VOTED: that the minutes of the Regular Session held on February 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 February 27, 2023 are accepted.

9. TOWN MANAGER’S REPORT

A. The Town Manager’s Report is brought forward and Lucas Murray, Director of Administrative Services and Chair of the School Building Committee gives an update on the School Building Committee. A community forum is planned for Saturday, March 18^th in the High School cafeteria. Bond counsel is drafting legislation to present to the General Assembly to allow a Bond Referendum to be held on the School Facilities Plan.

The Town Manager introduces Patrick Roche, Good Energy and Mark Russo, Facilities Superintendent and staff liaison to the Town’s Community Energy Aggregation Program. The Town Manager notes that he wants to present all the facts concerning this program to alleviate community concerns. The program offers new electricity supply options to help residents and businesses manage electricity costs and/or use more renewable energy.

The timeline of this program is reviewed, beginning when the General Assembly enacted municipal aggregation legislation in 2017 that included the ability for customers to opt-out of the program with no fee. On September 4, 2019 the Town Council voted to create the South Kingstown Community Electricity Program, and selected Good Energy, LP in May 2020 as the consultant to develop and manage the Program. An electricity aggregation plan was adopted at a Public Hearing held on July 27, 2020 which was subsequently approved by the RI Public Utilities Commission in May of 2021. On June 2, 2022 the Town Manager was authorized to enter into an agreement with a supplier, and a contract was executed with NextEra Energy Services RI LLC on September 15, 2022. Good Energy began public outreach efforts on February 27, 2023 and held a Public Informational Session at Town Hall on March 9, 2023 that is available to view at www.Electricity.SouthKingstownRI.com.

Patrick Roche, Good Energy explains that South Kingstown is in a group of 6 municipalities, one of the first in the State that have adopted this program. The plan aims for more competitive rates and to improve the use of renewable energy. The Standard rate for automatic enrollment adds 5% voluntary renewable energy, the Basic plan adds no additional renewable energy. Electricity delivery services will continue to be provided by RI Energy, and there will be no change in service quality. Prices will start in May, so they are giving the required 30 day notice with the mailing sent out last week. Mr. Roche reviews automatic enrollment, opt-out provisions and ways to do so.

Discussion ensues.

5. CONSENT AGENDA

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

6. LICENSES

(CA) 6A. UNANIMOUSLY VOTED: to grant a Holiday Sales License to Rhode Island CVS Pharmacy, LLC d/b/a CVS Pharmacy 2065, 11 Main Street, Wakefield, RI 02879. Application by Erin Chilinski, Licensing Department. Renewal; License No. 64111.

(CA) 6B. UNANIMOUSLY VOTED: to grant Holiday Sales and Farm Retail Sales Licenses to Lavender Waves Farm, LLC d/b/a Lavender Waves Farm, 3814 Comm. O. H. Perry Highway, Wakefield, RI 02879. Application by Henry Cabrera, Member. Renewal; License No. 71198.

(CA) 6C. UNANIMOUSLY VOTED: to grant a Victualling License and Additional Hours from 2AM to 4 AM to Alchihed Enterprises Inc. d/b/a IZONE, 100 Fortin Road, Kingston, RI 02881. Application by Nidal Alchihed, President. Renewal; License No. 63430.

(CA) 12E. UNANIMOUSLY VOTED: to authorize the Tax Assessor to abate taxes in the amount of $1,654.00, as shown on Tax Abatement Request No. 614.

(CA) 12F. UNANIMOUSLY VOTED: to authorize an award of contract to Connectivity Point, 1 Wholesale Way, Cranston RI 02920 for installation of an enhanced security system to include electronic access points at the Peace Dale and Kingston Free Libraries, inclusive of all labor and materials, in an amount not to exceed $6,506 in accordance with State of RI MPA-419; and as further detailed in a memorandum from the Facilities Superintendent to the Town Manager dated March 7, 2023 and entitled “Recommendation of Award: Electronic Access Security Points.”

7. PUBLIC HEARINGS

A. Notice having been duly given, a Public Hearing, continued from February 27, 2023 is held relative to proposed text amendments to the Zoning Ordinance associated with the sale, cultivation and/or manufacturing of recreational cannabis to include the creation of Cannabis Overlay Districts within the Town’s existing Commercial Highway and Industrial I Districts, and to consider a proposed amendment to the Town’s Zoning Map to create the three new cannabis overlay districts as follows.

PROPOSED AMENDMENTS TO THE ZONING ORDINANCE

ARTICLE 1: ESTABLISHMENT OF DISTRICTS AND OFFICIAL ZONING MAP

* * *

Sec. 101. Zoning districts.

For the purpose of this ordinance, the town is hereby divided into eighteen (18) zoning districts as set forth below. The specific purpose of each zoning district shall be as follows:

B. Commercial.

* * *

COD-R – Cannabis Overlay District Retail. This zoning overlay district identifies areas where the retail sale of cannabis and/or cannabis related items may occur per Section 504.15.

C. Industrial.

* * *

COD-CMT – Cannabis Overlay District - Cultivation/Manufacturing/Testing. This zoning overlay district identifies areas where the cultivation and/or manufacturing of cannabis products and/or cannabis related items and/or laboratory testing of cannabis products may occur per Section 504.15.

COD-MT – Cannabis Overlay District - Manufacturing/Testing. This zoning overlay district identifies areas where the manufacturing of cannabis products and/or cannabis related items and/ laboratory testing of cannabis products may occur per Section 504.15.

ARTICLE 3: USE REGULATIONS

Sec. 300. Schedule of use regulations.

* * *

B. Use code category. A "use code category" is a general category of uses, corresponding with section 301. These use code categories are as follows:

* * *

10.0 Marijuana/Cannabis-Related Uses

* * *

Sec. 301. Schedule of Use Regulations Table.

* * *

^{10.0 MARIJUANA/CANNABIS-RELATED USES}

^{USE
CODE}

^USE

^R200

^R80

^R40

^R30

^R20

^R10

^RM

^MU

^CN

^CD

^CH

^CW

^{COD- R}

^NOTES

¹⁰⁰

^{Marijuana retail facility}

^{See section 504.15}

¹⁰¹

^{Marijuana cultivation facility}

^{See section 504.15}

¹⁰²

^{Marijuana emporium}

¹⁰³

^{Cannabis retailer/hybrid cannabis retailer}

^{See section 504.15}

¹⁰⁴

^{Cannabis cultivator}

^{See section 504.15}

¹⁰⁵

^{Cannabis product manufacturer}

^{See section 504.15}

¹⁰⁶

^{Cannabis testing laboratory}

^{See section 504.15}

* * *

10.0 MARIJUANA/CANNABIS-RELATED USES
USE CODE	USE	IND-1	IND-2	IND-3	GI	OS	COD-CMT	COD-MT	NOTES
100	Marijuana retail facility	S	N	N	N	N	N	N	Allowed by SUP only in the West Kingston IND-1 zone, as defined in section 101.C; see section 504.15
101	Marijuana cultivation facility	S	N	N	N	N	S	S	Allowed by SUP only in the West Kingston IND-1 zone, as defined in section 101.C; see section 504.15
102	Marijuana emporium	N	N	N	N	N	N	N
103	Cannabis retailer/hybrid cannabis retailer	N	N	N	N	N	N	N
104	Cannabis cultivator	N	N	N	N	N	S	N	See section 504.15
105	Cannabis product manufacturer	N	N	N	N	N	S	S	See section 504.15
106	Cannabis testing laboratory	N	N	N	N	N	S	S	See section 504.15

* * *

ARTICLE 5: SUPPLEMENTARY REGULATIONS

* * *

Sec. 504. Special use permits.

* * *

504.15. Marijuana/cannabis-related uses.

I. Marijuana retail facilities, and/or marijuana cultivation facilities may be allowed by special use permit in those zones specified in section 301, subject to the following conditions:

* * *

F. Development plan review and approval shall be required prior to application for the special use permit and is to be conducted by the planning board. In addition to the development plan review standards set forth in the subdivision and land development regulations, the planning board shall ensure compliance with the following conditions:

1. The requested use at the proposed location is sufficiently buffered in relation to any residential area in the immediate vicinity so as not to adversely affect said area.

2. The exterior appearance of the structure is consistent with the exterior appearance of existing structures within the immediate neighborhood that take on the architectural vernacular of traditional coastal New England, so as to prevent blight or deterioration, or substantial diminishment or impairment of property values within the neighborhood.

* * *

II. Cannabis-related facilities may be allowed by special use permit in those zones specified in section 301, subject to the following conditions:

A. The application for a special use permit shall provide the legal name and address of the cannabis facility, a copy of the articles of incorporation, and the name, address, and date of birth of each principal officer and board member of the facility. The application shall include the development plan approved pursuant to this section, as well as a vicinity map, which shall identify the distances between the proposed facility and the nearest edge of abutting zoning districts. The application shall also include a copy of the licensing application submitted pursuant to the State of Rhode Island Cannabis Control Commission and/or Department of Business Regulation.

B. Pursuant to Sec. 21-28.11-17.1(b)(3) of the Cannabis Act, the cannabis facility must not be located within:

1. Five hundred (500) of a pre-existing public or private school providing education in kindergarten or any of grades one through twelve (12). This distance shall be measured by a straight line from the nearest property line of the premises on which the proposed cannabis facility is to be located to the nearest property line of the parcel on which the school is located.

C. The proposed facility shall implement the appropriate security measures to deter and prevent the unauthorized entrance into areas containing cannabis and shall ensure that each location has an operational security/alarm system.

D. Development plan review and approval shall be required prior to application for the special use permit, and is to be conducted by the planning board. In addition to the development plan review standards set forth in the subdivision and land development regulations, the planning board shall ensure compliance with the following conditions:

1. The requested use at the proposed location is sufficiently buffered in relation to any residential area in the immediate vicinity so as not to adversely affect said area.

2. The exterior appearance of the structure is consistent with the exterior appearance of existing structures within the immediate neighborhood that take on the architectural vernacular of traditional coastal New England,, so as to prevent blight or deterioration, or substantial diminishment or impairment of property values within the neighborhood.

3. Lighting is provided to illuminate the cannabis facility, its immediate surrounding area, any accessory uses including storage areas, the parking lot(s), its front façade, and any adjoining public sidewalk.

4. In addition to any requirement of Rhode Island State Law, all facilities (retail, production and/or cultivation) shall submit a plan to control odor (i.e., carbon air filtration, air filters, biofiltration, high pressure fog, odor neutralizers, negative air space control, ozone generators). The applicant’s odor control plan is subject to third party review as determined by the Planning Board. The costs associated with third party review shall be borne by the applicant.

5. Development plan review applications for all cannabis facilities shall include detailed plans of the facility's wastewater treatment system(s). Such plans shall be approved by the department of public services prior to issuance of the development plan approval.

E. Cannabis retailers/hybrid cannabis retailers shall only be permitted where ingress and egress to the facility is via direct access from State Route 108, or Old Tower Hill Road.

F. All cannabis facilities shall fully comply with all other licensing requirements of the town and the laws of the state.

* * *

ARTICLE 12: DEFINITIONS

"Cannabis cultivator" means, as defined under Sec. 21-28.11-3(11) of the Rhode Island Cannabis Act, an entity licensed to cultivate, process and package cannabis, to deliver cannabis to cannabis establishments and to transfer cannabis to other cannabis establishments, but not to consumers.

"Cannabis product manufacturer” means, as defined under Sec. 21-28.11-3(14) of the Rhode Island Cannabis Act, an entity licensed to obtain, manufacture, process and package cannabis and cannabis products, to deliver cannabis and cannabis products to cannabis establishments and to transfer cannabis and cannabis products to other cannabis establishments, but not to consumers.

"Cannabis retailer" means, as defined under Sec. 21-28.11-3(16) of the Rhode Island Cannabis Act, an entity licensed pursuant to § 21-28.11-10.2 to purchase and deliver cannabis and cannabis products from cannabis establishments and to deliver, sell or otherwise transfer cannabis and cannabis products to cannabis establishments and to consumers.

"Cannabis testing laboratory'' means, as defined under Sec. 21-28.11-3(17) of the Rhode Island Cannabis Act, a third-party analytical testing laboratory that is licensed annually by the commission, in consultation with the department of health, to collect and test samples of cannabis and cannabis products pursuant to regulations issued by the commission and is: (i) Independent financially from any medical cannabis treatment center or any licensee or cannabis establishment for which it conducts a test; and (ii) Qualified to test cannabis in compliance with regulations promulgated by the commission pursuant to this chapter. The term includes, but is not limited to, a cannabis testing laboratory as provided in § 21-28.11-11.

"Hybrid cannabis retailer" means, under Sec. 21-28.11-3(28) of the Rhode Island Cannabis Act, a compassion center licensed pursuant to chapter 28.6 of title 21 that is in good standing with the department of business regulation and that has paid the fee pursuant to § 21-28.11-10 and has been authorized to sell non-medical or adult use cannabis to consumers.

Marijuana retail facility means any facility that may, under state law, acquire, possess, supply or dispense marijuana, and/or related supplies and educational materials, but does not cultivate marijuana on-site, including, but not limited to, compassion centers, as defined in R.L. § 21-28.6-3, provided that compassion centers that cultivate marijuana on-site shall be considered marijuana cultivation facilities. Facilities in which marijuana is sold or dispensed for immediate, on-site use or consumption shall be considered marijuana emporiums. This shall not include a cannabis retailer or hybrid cannabis retailer, as defined herein.

Marijuana cultivation facility means any facility that, under state law, may acquire, possess, cultivate, manufacture, deliver, transfer, transport, supply or otherwise process marijuana, including, but not limited to, facilities run by licensed cultivators, as defined in R.L. § 21-28.6-3, and cooperative cultivations pursuant to R.L. § 21-28.6-14. Compassion centers, as defined in R.L. § 21-28.6-3, which do not cultivate marijuana on-site, shall be considered marijuana retail facilities. This shall not include a cannabis cultivator, as defined herein.

Marijuana emporium means any retail or commercial establishment, or club, whether for-profit, non-profit, or otherwise, at which marijuana is used and/or sold or dispensed for immediate, on-site use or consumption. This shall include without limitation any so-called "vapor lounge," or any other establishment at which marijuana is consumed in vaporized form. This shall not include marijuana retail facilities or marijuana cultivation facilities, as defined herein.

This ordinance shall take effect upon passage.

Proposed Amendments to the Zoning Map

(see maps)

James Rabbitt, Director of Planning reviews the modifications to the Cannabis Overlay Districts proposed by the Planning Board at the request of the Town Council during the initial Public Hearing. Three industrial areas are proposed to be associated with cultivation, manufacturing and testing, and one industrial area for manufacturing and testing, with no retail sales. For the retail components, there were originally two overlay districts in the existing Route 1 SMD and the Commercial Highway area of Old Tower Hill Road. The commercial areas of Old Tower Hill Road have been adjusted away from Narragansett Avenue West, and from the bowling alley property to be further from the High School. The Route 1 SMD area has been adjusted to commercial areas only. The following alternatives are presented for consideration:

· Industrial Alternative A proposes 3 CMT and 1 MT overlay districts, with no retail.

· Industrial Alternative B proposes 1 CMT and 3 MT overlay districts, with no retail.

· Retail Alternative A proposes 2 overlay districts in the SMD and Old Tower Hill Road, as modified.

· Retail Alternative B proposes 1 overlay district in the Old Tower Hill Road area as modified.

Discussion ensues regarding the parcels at the intersection of Routes 1 and 138 not being included in these overlay districts due to lot size and travel access issues.

Discussion ensues regarding Industrial Alternative B allowing cultivation only in West Kingston where one medical cultivator already exists. Discussion ensues regarding State licensing, and local application and approval processes.

Discussion ensues regarding the modifications presented in the alternative plans.

Council President McEntee invites residents to come forward with comments.

Catherine Murray comments on the effects of cannabis use.

Carder Starr expresses concerns with the turf farm property in West Kingston being used as a building site and asks that it be eliminated.

Helen Mederer comments that the RI Cannabis Act is a social equity assistance program and that if areas are so restricted we can end up with larger commercial businesses instead of smaller operations scattered throughout Town.

Linda Scherer expresses concern with the proximity of Bradley School to the retail district proposed at South County Commons.

Dave Taggart expresses concerns with cannabis traffic at South County Commons.

Abbie Dobrowolski comments on setbacks from schools and water usage concerns.

Oscar Yepes questions how to appeal the cannabis referendum approved by the voters.

Dorald Beasley comments on state setbacks from schools, business model of cannabis industry is addiction, and anticipated tax revenue from retail cannabis sales.

Emilie Holland asks that parcels on Liberty Lane east of the train station be removed from the overlay district.

Charles Westcott expresses concern with potential effects on the Great Swamp area, and with refuse and odors from the medical marijuana plant in West Kingston.

Discussion ensues regarding the Industrial zone in West Kingston. The Director of Planning notes that the business owner leases to the turf farm but the land is zoned Industrial for any use. The Planning Board looked at existing Industrial zones with access to or in the sewer district for inclusion in the COD. There is the Special Use Permit requirement to further mitigate any issues.

Discussion ensues relative to reducing the Industrial CMT overlay in West Kingston by Liberty Lane to the train station, removing the turf fields on the Fairgrounds Road and Great Swamp side.

UNANIMOUSLY VOTED: to close the Public Hearing.

Discussion ensues regarding approval of Industrial Alternative B as revised this evening, and Retail Alternative B, and it is

UNANIMOUSLY VOTED: to adopt text amendments to the Zoning Ordinance, as presented, associated with the sale, cultivation and/or manufacturing of recreational cannabis that include the creation of Cannabis Overlay Districts within the Town’s existing Commercial Highway and Industrial I Districts, and to amend the Town’s Zoning Map to create three new cannabis overlay districts, as revised (Industrial Alternative B with reduction of area in West Kingston depicted during Public Hearing and Retail Alternative B), as shown as follows. Said amendments incorporate the Planning Board’s Findings of Fact and Findings of Consistency with the Comprehensive Plan and Zoning Ordinance, as described in their letter dated January 18, 2023.

AMENDMENTS TO THE ZONING ORDINANCE

ARTICLE 1: ESTABLISHMENT OF DISTRICTS AND OFFICIAL ZONING MAP

* * *

Sec. 101. Zoning districts.

For the purpose of this ordinance, the town is hereby divided into eighteen (18) zoning districts as set forth below. The specific purpose of each zoning district shall be as follows:

B. Commercial.

* * *

COD-R – Cannabis Overlay District Retail. This zoning overlay district identifies areas where the retail sale of cannabis and/or cannabis related items may occur per Section 504.15.

C. Industrial.

* * *

ARTICLE 3: USE REGULATIONS

Sec. 300. Schedule of use regulations.

* * *

B. Use code category. A "use code category" is a general category of uses, corresponding with section 301. These use code categories are as follows:

* * *

10.0 Marijuana/Cannabis-Related Uses

* * *

Sec. 301. Schedule of Use Regulations Table.

* * *

^{10.0 MARIJUANA/CANNABIS-RELATED USES}

^{USE
CODE}

^USE

^R200

^R80

^R40

^R30

^R20

^R10

^RM

^MU

^CN

^CD

^CH

^CW

^{COD- R}

^NOTES

¹⁰⁰

^{Marijuana retail facility}

^{See section 504.15}

¹⁰¹

^{Marijuana cultivation facility}

^{See section 504.15}

¹⁰²

^{Marijuana emporium}

¹⁰³

^{Cannabis retailer/hybrid cannabis retailer}

^{See section 504.15}

¹⁰⁴

^{Cannabis cultivator}

^{See section 504.15}

¹⁰⁵

^{Cannabis product manufacturer}

^{See section 504.15}

¹⁰⁶

^{Cannabis testing laboratory}

^{See section 504.15}

* * *

10.0 MARIJUANA/CANNABIS-RELATED USES
USE CODE	USE	IND-1	IND-2	IND-3	GI	OS	COD-CMT	COD-MT	NOTES
100	Marijuana retail facility	S	N	N	N	N	N	N	Allowed by SUP only in the West Kingston IND-1 zone, as defined in section 101.C; see section 504.15
101	Marijuana cultivation facility	S	N	N	N	N	S	S	Allowed by SUP only in the West Kingston IND-1 zone, as defined in section 101.C; see section 504.15
102	Marijuana emporium	N	N	N	N	N	N	N
103	Cannabis retailer/hybrid cannabis retailer	N	N	N	N	N	N	N
104	Cannabis cultivator	N	N	N	N	N	S	N	See section 504.15
105	Cannabis product manufacturer	N	N	N	N	N	S	S	See section 504.15
106	Cannabis testing laboratory	N	N	N	N	N	S	S	See section 504.15

* * *

ARTICLE 5: SUPPLEMENTARY REGULATIONS

* * *

Sec. 504. Special use permits.

* * *

504.15. Marijuana/cannabis-related uses.

I. Marijuana retail facilities, and/or marijuana cultivation facilities may be allowed by special use permit in those zones specified in section 301, subject to the following conditions:

* * *

1. The requested use at the proposed location is sufficiently buffered in relation to any residential area in the immediate vicinity so as not to adversely affect said area.

* * *

II. Cannabis-related facilities may be allowed by special use permit in those zones specified in section 301, subject to the following conditions:

B. Pursuant to Sec. 21-28.11-17.1(b)(3) of the Cannabis Act, the cannabis facility must not be located within:

1. The requested use at the proposed location is sufficiently buffered in relation to any residential area in the immediate vicinity so as not to adversely affect said area.

E. Cannabis retailers/hybrid cannabis retailers shall only be permitted where ingress and egress to the facility is via direct access from State Route 108, or Old Tower Hill Road.

F. All cannabis facilities shall fully comply with all other licensing requirements of the town and the laws of the state.

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ARTICLE 12: DEFINITIONS

Amendments to the Zoning Map

(see maps)

The Planning Board recommendations in this regard are based upon the following Findings of Fact relating to Consistency with the South Kingstown Comprehensive Community Plan and Purposes of Zoning per RIGL Title 45 Chapter 24, 'the Zoning Enabling Act of 1991' as noted below:

Findings of Fact and Consistency with the Comprehensive Community Plan

The proposed zoning text amendments and zoning map amendments are consistent with the Land Use Element's overall policy statement (Action Plan), 'To promote orderly growth patterns based upon the natural, cultural and historic character of the Town, the land's suitability for use, and the aspirations of its citizens.'
The zoning text amendments and zoning map amendments are consistent with Goal 3 of the Land Use Element; 'To promote and require high standards of development to preserve and enhance the quality of life, to encourage a sense of community, to support a healthy, walkable environment and protect the natural resources of the Town.'
The zoning text amendments and zoning map amendments are consistent with the Economic Development Element's overall policy statement (Action Plan), 'To follow a path of balanced economic growth having the following attributes: a) protection of sensitive environmental areas; b) provision of economic opportunities; c) protection of the public health, safety and welfare; d) high quality of design in commercial development; and e) stabilization of an affordable municipal tax rate.'
The zoning text amendments and zoning map amendments are consistent with Goal 1 of the Economic Development Element 'To foster a local economy that provides opportunity for a diverse collection of business and industry.'

Findings of Fact, Consistency with the Purposes of Zoning

The Planning Board finds that the proposed zoning text amendments and zoning map amendments are consistent with the following general purposes of zoning ordinances per RIGL § 45-24-30.

Promoting the public health, safety and general welfare.
Providing for a range of uses and intensities of use appropriate to the character of the city or town and reflecting current and expected future needs.

3. Providing for orderly growth and development which recognizes:

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

ii. The use of innovative development regulations and techniques.

Providing for efficient review of development proposals, to clarify and expedite the zoning approval process."

The Town Council takes a brief recess.

B. Notice having been duly given, a Public Hearing is held relative to a proposed amendment to the Zoning Ordinance, Article 5. Supplementary Regulations, Section 502.7 Cottage Community, that would extend the sunset provision for two years, as follows:

ARTICLE 5. SUPPLEMENTARY REGULATIONS

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502.7 Cottage Community.

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M. Sunset Provision. The provisions of §502.7 of this Zoning Ordinance shall expire as of 12:00 midnight on ~~March 1, 2023~~ March 1, 2025, unless renewed by the Town Council in the same manner as the enactment of a new ordinance.

The Director of Planning gives a presentation regarding the Cottage Community ordinance, noting that it was originally adopted with an 18 month time frame to allow for review of the program, and the recommendation of the Planning Board is to extend the sunset provision for 2 years to March 1, 2025.

Discussion ensues.

Council President McEntee invites residents to come forward with comments.

Joe Viele comments that design standards in Section I, 1 and 2 could be adding costs that may be a barrier.

Richard Youngken comments in support of the sunset provision, noting subdivision scenarios and the historic districts in Wakefield and Peace Dale.

UNANIMOUSLY VOTED: to close the Public Hearing.

Discussion ensues.

The Director of Planning notes that developers have not complained about the design standards, but that the State permitting process takes up to 2 to 3 years.

UNANIMOUSLY VOTED: to adopt amendments to the Zoning Ordinance, Article 5. Supplementary Regulations, Section 502.7 Cottage Community, incorporating the Planning Board’s Findings of Fact and Findings of Consistency with the Comprehensive Plan and Zoning Ordinance as described in their letter dated July 19, 2021, as follows:

ARTICLE 5. SUPPLEMENTARY REGULATIONS

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502.7 Cottage Community

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M. Sunset Provision. The provisions of §502.7 of this Zoning Ordinance shall expire as of 12:00 midnight on March 1, 2025, unless renewed by the Town Council in the same manner as the enactment of a new ordinance.

The Planning Board’s recommendation for approval of these revisions to the Zoning Ordinance to establish Cottage Community Zoning Regulations to promote housing options and infill development is based upon the following findings of fact and findings of consistency with the Town’s Comprehensive Community Plan:

Findings of Fact:

The need for affordable housing and increased housing choices in the Town of South Kingstown is well documented in the ‘South Kingstown Affordable Housing Production Plan’ (Production Plan). This plan was adopted by both the Town Council and Planning Board as an Appendix to the Housing Element of the “Community Comprehensive Plan 2014, Five-Year Update” and has also been approved by the State Department of Administration, Office of Statewide Planning.
The amendments have been developed in conjunction with a series of actions, strategies, initiatives and programs that are aimed at increasing the amount and availability of affordable housing within South Kingstown with the specific goal of meeting the 10% affordability goal of RIGL 45-53, ‘The Rhode Island Low and Moderate Income Housing Act’ by the year 2025.

Findings of Consistency with the Comprehensive Community Plan:

The Planning Board finds the proposed amendments to be consistent with the South Kingstown Comprehensive Community Plan as follows:

Overall Goal of the Land Use Element, ‘To promote orderly growth patterns based upon the natural, cultural and historic character of the Town, the land’s suitability for use and the aspirations of its citizens.’
Housing Element Goals:

§ To encourage a range of housing choices in order that the Town can continue to be a home to a vital mix of people.

§ Promote and enhance the valued sense of place and community represented in South Kingstown’s existing housing stock and traditional village development patterns.

§ Facilitate the development of affordable housing throughout the community in a manner that is reflective of South Kingstown resident’s physical, social, and financial limitations and resources with the goal of achieving the state mandated 10% affordable housing stock.

§ Encourage a wide range of affordable housing options through a combination of innovative regulatory mechanisms, public and private initiatives, and joint public and private partnerships.

Housing Element Policy:

§ The Town shall consider village infill areas when siting affordable housing to capitalize on existing infrastructure and facilities and create walkable, healthy communities.

§ The Town shall consider developing context sensitive design guidelines for ‘tear-downs’ and reconstruction to assure new residential construction reflects and is compatible with the existing neighborhood context.

§ The Town shall continue to support the mix of residential uses into mixed use districts where appropriate in order to provide more sustainable housing choices and to support retail business.

§ The Town shall continue the development of a Cottage Housing Ordinance using the language provided in the “South Kingstown Village Study, Villages of Wakefield and Peace Dale” as a starting point.

§ The Town shall consider village infill areas when siting affordable housing to capitalize on existing infrastructure and facilities and create walkable, healthy communities.

8. COMMUNICATIONS

A. Brian Wagner, Senior Planner reviews the request by the Historic District Commission for a local demolition delay ordinance. Murray Gates, Chairman of the HDC presents their request for enabling legislation. Richard Youngken, HDC member also addresses the request.

UNANIMOUSLY VOTED: that a letter dated February 15, 2023 from Richard Youngken, Acting Chair, Historic District Commission requesting the Town Council to seek enabling legislation in support of a local demolition delay ordinance is received, placed on file, and approved. Staff is directed to send a resolution to the local legislative delegation.

B. Discussion ensues, and it is

UNANIMOUSLY VOTED: that a resolution adopted February 13, 2023 by the Charlestown Town Council in support of full funding of categorical transportation aid as outlined in RIGL §16-7.2-6 is received and placed on file. The Town Council voted to support this resolution and send a letter to the local legislative delegation regarding funding for South Kingstown’s school transportation needs.

C. UNANIMOUSLY VOTED: that a resolution adopted February 13, 2023 by the Charlestown Town Council in support of House Bill 2023 – H 5174 An Act Relating to Waters and Navigation, Coastal Resources Management Council relative to identifying shoreline access for the public is received, placed on file, and the Town Council voted to support this resolution.

D. Discussion ensues regarding a request that Green Hill Ocean Drive be accepted as a Town road. Richard Bourbonnais, Director of Public Services notes that the suggestion by the property owner is that the road belongs to the Town, but information indicates it is a private road.

UNANIMOUSLY VOTED: that an email dated February 28, 2023 from Paul Mazzilli requesting designation of Green Hill Ocean Drive as a public road is received and placed on file.

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

10. COMMENTS FROM INTERESTED CITIZENS

Dorald Beasley comments in support of appointing Alex Petrucci to the School Committee to have a Republican for balance, the school budget and the school facilities plan.

Murray Gates provides an update on the Kingston Signal Tower project, and requests that the Friends of Kingston Station’s funding request be kept under consideration.

11. APPOINTMENTS

A. UNANIMOUSLY VOTED: to appoint Christopher Moore to the Bicycle – Pedestrian Advisory Committee to fill a term to expire in July 2023.

B. Council Vice President Marran recuses himself due to a business association with one of the applicants for the School Committee.

Discussion ensues relative to making an appointment to fill the vacancy on the School Committee.

A motion is made by Councilwoman Rose, seconded by Councilwoman Bergner to appoint Alex Petrucci to the School Committee to fill an interim term until the next election in November 2024.

A roll call vote is taken as follows:

Bergner: aye Alley: nay Rose: aye McEntee: nay

The motion fails.

Further discussion ensues, and it is consensus to table this appointment to March 27, 2023.

12. NEW BUSINESS

B. Discussion ensues, and it is

UNANIMOUSLY VOTED: to award grants under the Town’s American Rescue Plan Act Program to the Jonnycake Center for Hope in the amount of $200,000, and to the South Kingstown Housing Authority in an amount not to exceed $100,000, in accordance with applications submitted for the Town’s affordable housing initiative; and as further described in a memorandum from the Planning Director to the Town Manager dated March 6, 2023 and entitled “ARPA Affordable Housing – Grant Applications/Review.”

C. Council Vice President Marran recuses himself from consideration of ARPA grant awards to Human Service and Outside Agencies due to past and current relationships with the Southern RI Chamber of Commerce and Peace Dale United Housing, Inc.

Discussion ensues regarding the allocation of funds available to agency requests, and it is

VOTED: to award grants under the Town’s American Rescue Plan Act Program to Human Service and Outside Agencies in the total amount of $363,650 as follows; and as further described in a memorandum from the Director of Administrative Services to the Town Manager dated March 9, 2023 and entitled “Human Services and Outside Agencies Grant Allocations.”

Council Vice President Marran recuses himself.

D. UNANIMOUSLY VOTED: to authorize the Town Clerk to advertise for Order of Notice a Public Hearing relative to proposed amendments to the Town Code, Chapter 17 Taxation, Article III. Property Tax Exemptions For Elderly Persons, as follows:

Sec. 17-44. Amount of exemption; filing of applications

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(c) All applications will be filed with the tax assessor by ~~March~~ May 15 of each year for which the tax credit is claimed and shall be made in the form approved by the town council. All applications filed after the May 15 deadline, if approved, will receive a tax credit in the form of an abatement.

G. UNANIMOUSLY VOTED: to authorize an award of contract to James J. Geremia & Associates, Inc., 272 West Exchange Street, Suite 201, Providence, RI 02903 for consulting engineering services necessary to prepare the Town’s Water Division Water System Supply Management Plan (WSSMP), Emergency Response Plan (ERP) and Clean Water Infrastructure Plan (CWIP) in an amount not to exceed $58,780, including a $5,000 contingency; and as further described in a memorandum from the Public Services Director to the Town Manager dated March 8, 2023 and entitled ”Water System Supply Management Plan (WSSMP), Emergency Response Plan (ERP) and Clean Water Infrastructure Plan (CWIP) Engineering Services Recommendation, Bid #SK0029WD.”

13. CLOSED EXECUTIVE SESSION

A. UNANIMOUSLY VOTED: to recess to Closed Executive Session at 11:57 PM pursuant to RIGL §42-46-5(a)(5) to discuss matters related to the acquisition or lease of real property for public purposes, or of the disposition of publicly held property wherein advanced public information would be detrimental to the interest of the public.

Regular Session is reconvened at 12:13 AM, and it is

UNANIMOUSLY VOTED: to seal the minutes of the Closed Executive Session held pursuant to RIGL §42-46-5(a)(5) to discuss matters related to the acquisition or lease of real property for public purposes, or of the disposition of publicly held property wherein advanced public information would be detrimental to the interest of the public.

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

UNANIMOUSLY VOTED: to adjourn at 12:15 AM.

Susan M. Flynn, CMC

Town Clerk