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STATE OF RHODE ISLAND, COUNTY OF NEWPORT
The Town Council of the Town of Tiverton, County, and State aforesaid held a Special Council Meeting on Thursday, November 30, at 7:00 PM at the Tiverton Town Hall, 343 Highland Road.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE TO THE FLAG
Council President deMedeiros called the meeting to order with the pledge of allegiance to the flag.
3. ROLL CALL
Present
| President Denise M. deMedeiros | Vice President Michael S. Burk | Deborah G. Janick |
| John G. Edwards V | Jay P. Edwards | |
Absent
Dennis J. Milbourne
Solicitor Marcello, Administrator Cotta, Clerk Chabot and Deputy Clerk Veegh were also present.
BUSINESS BROUGHT BEFORE THE COUNCIL
President Denise M. deMedeiros read the items on the Consent Agenda.
4. CONSENT AGENDA
All items listed within the Consent Agenda are to be considered routine by Town Council and will ordinarily be enacted by one motion. There will be no separate discussion of these items unless a member of the Council, or a member of the public so requests and the Town Council President permits, in which event the item will be removed for separate consideration later on the agenda.
A. Approval of License Renewals – Non-Advertised (December 1, 2023, to November 30, 2024)
See attached lists for:
Victualling License Renewals
Holiday License Renewals
Councilor Edwards V motioned to approve the Consent Agenda. Seconded by Councilor Janick, the motion passed unanimously.
5. BOARD OF LICENSING– Discussion and possible votes, subject to meeting all legal requirements
NON ADVERTISED PUBLIC HEARINGS FOR LICENSE RENEWALS - (December 1, 2023 to Nov. 30, 2024)
I. Petroleum Storage License Renewals
1. Ferrell Gas Inc, 896 Fish Road (ANN-23-110)
2. SK Properties-Kingfisher Housing Assoc, 40 Alicia Circle (ANN-23-111)
3. Tiverton Sun, 497 Main Road (ANN-23-114)
Council President deMedeiros opened the public hearing. No one presented to speak, and the hearing was closed.
Councilor Edwards V motioned to approve the petroleum storage licenses for 5-I, 1 thru 3. Seconded by Councilor Janick, the motion passed unanimously.
6. APPOINTMENTS & RESIGNATIONS– Discussion and possible votes
A. Acknowledgement of resignation:
1. David Paull from Raymond F. Jones Dog Park Advisory Committee, effective 11/28/2023
Councilor deMedeiros motioned to accept David Paull’s resignation with thanks. Seconded by Councilor Janick, the motion passed unanimously.
7. PUBLIC HEARING (ADVERTISED) – Discussion and possible votes
A. Approval of the proposed amendment to the Tiverton Code of Ordinances – Appendix A-Zoning
Ordinance and Appendix B-Land Development and Subdivision Review Regulations that are related to
the roles of the Zoning Board, Planning Board, and Administrative Officer, and the definitions and
process for land development projects. These changes are being made in order to conform to new
State law which requires municipalities to amend certain aspects of their ordinances and regulations
by January 1, 2024.
Planner Ashley Sweet and Assistant Solicitor Romano gave an overview and explanation of the various significant changes regarding land use and zoning laws that will begin in 2024. The public hearing was advertised in the local publication for three consecutive weeks prior.
Councilor Edwards V suggested specific explanations given only around items that enabled choices at the municipal level. Council President deMedeiros and Vice President Burk disagreed, indicating full explanation of all changes was necessary.
Councilor deMedeiros motioned to go through every single item to find out the changes so the community will know what's going on and we'll have a better understanding. Seconded by Councilor Burk, the motion passed 5-1, with Councilor Edwards V opposed.
The following will be amended, altered, changed, or created:
Appendix A -Zoning:
2. Article IV, Sections 1 – 13, 21
3. Article VII, Sections 2 and 4
6. Article XVI, Sections 1 – 4
7. Article XVII, Sections 1 – 3
10. Article XXI, Sections 2 – 10
13. Form Based Code, Article IV. District Use Regulations; Zoning District Use Table
Appendix B -Land Development and Subdivision Regulations:
14. Article II
16. Article IV, Sections 23-11, 23-12 and 23-14
17. Article VI, Sections 23-20 to 25
18. Article VII, Sections 23-26 to 34
19. Article IX, Sections 23-35, 23-46 and 23-50
20. Article XIII, Sections 23-78 to 81
21. Article XV, Sections 23-87
22. Article XVI, Sections 23-88 to 96
Council President deMedeiros opened the public hearing for agenda items 1 and 14. No one presented to speak, and the hearing was closed.
Councilor Burk motioned to approve changes to agenda items 7-A-1 and 7-A-14, with the authority to make non-substantive numeration changes. Councilor Edwards seconded the motion. The motion passed unanimously.
Council President deMedeiros opened the public hearing for agenda item 2, Article IV, Sec. 21. No one presented to speak, and the hearing was closed.
Councilor Burk motioned to approve changes to Article IV, Sec. 21. Councilor Janick seconded the motion. The motion passed unanimously.
Council President deMedeiros opened the public hearing for agenda item 3, Article VII, Sections 2 and 4. No one presented to speak, and the hearing was closed.
Councilor Edwards motioned to approve changes to Article VII, Sections 2 and 4. Councilor Janick seconded the motion. The motion passed unanimously.
Council President deMedeiros opened the public hearing for agenda item 4, Article X, Section 7. No one presented to speak, and the hearing was closed.
Councilor Edwards V motioned to change line 9 on page 1 of the ordinance from 15% to 25%. Councilor deMedeiros seconded the motion. The motion passed unanimously.
Councilor Edwards V motioned to approve changes to Article X, Section 7, as amended. Councilor Janick seconded the motion. The motion passed unanimously.
Council President deMedeiros opened the public hearing for agenda item 5, Article XV, Section 2. No one presented to speak, and the hearing was closed.
Councilor Edwards V motioned to approve changes to Article XV, Section 2 effective immediately, subject to favorable recommendation of the Planning Board. Councilor Edwards seconded the motion. The motion passed unanimously.
Council President deMedeiros opened the public hearing for agenda item 6, Article XVI, Sections 1-4.
Resident Susan Anderson suggested a minor language change from “may” to “shall” in the last sentence of Section 2, Subsection a. The hearing was closed.
Solicitor Marcello suggested amending Article XVI, Section 2, Subsection a as follows (in bold):
To the extent, a proposed land use is not specifically listed in Appending A -Zoning, Article IV, the property owner may submit a written request to the Zoning Board of Review 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 Zoning Board of Review will have ninety (90) days to provide a written evaluation to the property owner upon the conclusion of the public hearing with notice to abutters within 200’ of the perimeter of the property which cost shall be borne by the applicant. Upon such determination, the proposed use shall be considered to be a use requiring a special-use permit for that applicant only.
Councilor Burk motioned to amend Article XVI, Section 2, Subsection a. with the language provided by the Solicitor. Councilor Edwards V seconded the motion. The motion passed unanimously.
Councilor Burk motioned to approve changes to Article XVI, Sections 1-4, as amended. Councilor Edwards V seconded the motion. The motion passed unanimously.
Council President deMedeiros opened the public hearing for agenda item 2, Article IV, Sections 1-13. No one presented to speak, and the hearing was closed.
Councilor Burk motioned to approve changes to Article IV, Secs. 1-13. Councilor Edwards V seconded the motion. The motion passed unanimously.
Council President deMedeiros opened the public hearing for agenda item 19, Article IX, Section 23-46. No one presented to speak, and the hearing was closed.
Councilor Burk motioned to approve modifications to Article IX, Section 23-46 effective immediately, subject to a favorable finding by the Planning Board. Councilor Edwards V seconded the motion. The motion passed unanimously.
Council Vice President Burk opened the public hearing for agenda item 12, Article XXIV, Section 5, and agenda item 13, Form Based Code, Article IV. District Use Regulations; Zoning District Use Table
Resident Jamie French asked unrelated questions. The hearing was closed.
Council President deMedeiros motioned to approve agenda items 7-A-12 and 7-A-13. Councilor Edwards seconded the motion. The motion passed unanimously.
Council President deMedeiros opened the public hearing for agenda item 7, Article XVII, Sections 1 – 3. No one presented to speak, and the hearing was closed.
Councilor Edwards V motioned to approve changes to Article XVII, Sections 1 – 3. Councilor Janick seconded the motion. The motion passed unanimously.
Council President deMedeiros opened the public hearing for agenda item 8, Article XVIII, Section 10, and item 15, Article III, Section 23-7.
Councilor Burk motioned to approve changes to Article XVIII, Section 10 and Article III, Section 23-7. Councilor Edwards V seconded the motion. The motion passed unanimously.
Council President deMedeiros opened the public hearing for agenda item 9 Article XX, Sections 1–8 and item 22, Article XVI, Sections 23-88 to 96.
Councilor Burk motioned to approve changes to Article XX, Sections 1–8 and Article XVI, Sections 23-88 to 96. Councilor Janick seconded the motion. The motion passed unanimously.
Council President deMedeiros opened the public hearing for agenda item 10, Article XXI, Sections 2 – 10. No one presented to speak, and the hearing was closed.
Councilor Burk motioned to approve the items contained in 7-A-10. Councilor Edwards seconded the motion. The motion passed 4-1, with Councilor Edwards V opposed.
Council President deMedeiros opened the public hearing for agenda item 11, Article XXV, Section 1 and item 21, Article XV, Section 23-87. No one presented to speak, and the hearing was closed.
Councilor Burk motioned to approve the sections modified as described in agenda items 7-A-11 and 7-A-21. Councilor Edwards seconded the motion. The motion passed 4-1, with Councilor Edwards V opposed.
Council President deMedeiros opened the public hearing for agenda item 16, Article IV, Sections 23-11, 23-12 and 23-14. No one presented to speak, and the hearing was closed.
Councilor Burk motioned to all the sections identified in agenda item 7-A-16, effective immediately. Councilor Edwards seconded the motion. The motion passed unanimously.
Council President deMedeiros opened the public hearing for agenda item 17, Article VI, Sections 23-20 to 25. No one presented to speak, and the hearing was closed.
Councilor Burk motioned to approve the sections identified in agenda item 7-A-17. Councilor Edwards V seconded the motion. The motion passed unanimously.
Council President deMedeiros opened the public hearing for agenda item 18, Article VII, Sections 23-26 to 34. No one presented to speak, and the hearing was closed.
Councilor Burk motioned to approve the sections identified in agenda item 7-A-18. Councilor Edwards V seconded the motion. The motion passed unanimously.
Council President deMedeiros opened the public hearing for agenda item 19, Article IX, Sections 23-35 and 23-50. No one presented to speak, and the hearing was closed.
Councilor Burk motioned to approve the amendment to Appendix B -Land Development and Subdivision Regulations Article IX, Sections 23-50 and 23-35. Councilor Edwards seconded the motion. The motion passed unanimously.
Council President deMedeiros opened the public hearing for agenda item 20, Article XIII, Sections 23-78 to 81. No one presented to speak, and the hearing was closed.
Councilor Burk motioned to amend Section 23-80, Subsection a. by striking the word Newport and following the term Superior Court adding “with jurisdiction over the matter”. Councilor Edwards V seconded the motion. The motion passed unanimously.
Councilor Burk motioned to approve the articles as listed on agenda item 7-A-20, as amended. Councilor Edwards V seconded the motion. The motion passed unanimously.
After discussion, it was unclear if a vote was taken for agenda item 7-A-14, therefore, out of an abundance of caution, a vote was taken.
Councilor Burk motioned to approve agenda item 7-A-14. Councilor Edwards seconded the motion. The motion passed 4-1, with Councilor Edwards V opposed.
Councilor Burk motioned to move that all the matters before us, other than those immediately effective, are effective as of January 1, 2024, and to allow the Solicitor and Planner to make non-substantive grammatical and/or numbering changes. Councilor Edwards V seconded the motion. The motion passed unanimously.
8. ADJOURNMENT
Councilor Edwards V motioned to adjourn the meeting. Councilor Janick seconded the motion. The motion unanimously passed. The meeting adjourned at 10:00 p.m.
A True Copy.
ATTEST________________________________
Joan B. Chabot, Town Clerk