[1:25] putting my mic on. Um, I'd like to call the uh Town Coventry Planning Commission [1:32] meeting of Wednesday, August 26th to order at 6:30 p.m. [1:38] I will first call the role to get a determination of a quorum. Uh, when I [1:44] call your name in no particular order, just acknowledge if you're here. John [1:48] Price >> here. [1:49] » Uh, Pat Delude >> here. [1:51] » Um, Mr. Kenny [1:54] » here. John Luca is new member >> here. [1:58] » Uh vice chair Studley >> here [2:00] » and I'm Rick Clooney and I'm the chairman and I'm here. So we have a [2:03] quorum of five. Mr. Dilva and Mr. Burke are both excused tonight. [2:09] » Six. >> I'm sorry. [2:15] » Yeah, I just said we had a quorum. I didn't say how many. [2:19] » Oh, did I say okay? All right. emergency evacuation plan. In [2:24] the unlikely event of an emergency, if we have to vacate the room, you can go [2:28] out the doors that you came in. If for some reason those doors are blocked, you [2:31] can go out this door right here, and there's another exit out to the uh [2:34] parking lot through there. At this time, I'd like everyone to stand [2:38] for the pledge of allegiance. I pledge allegiance to the flag of the [2:44] United States of America and to the republic for which it stands, one nation [2:49] under God, indivisible, with liberty and justice for all. [2:59] » First item on the agenda is uh approval of minutes from the July 20th 26 public [3:07] workshop. Everyone should have a copy in that packet. [3:13] » Make a recommendation for approval of the meeting minutes. [3:16] » I get a motion to approve the meeting minutes from July 20th. Do I have a [3:20] second? >> Second. [3:21] » I have a second by Mr. Kenny. Do um any discussion or corrections? Hearing none. [3:28] All in favor? >> I. [3:31] Next item is approval of the minutes from the July 22nd, 2026 planning [3:38] commission meeting. Do I have a motion to approve? [3:41] » Make a motion to approve. >> Motion to approve by Mr. Kenny. Do I [3:44] have a second? >> I'll second. [3:45] » I have a second by Mr. Price. Is there any discussion or corrections on these [3:49] minutes? Hearing none. All in favor? I. No opposed. Motion carries. Okay. First [3:57] item on the agenda here under six is Senator New England master plan major [4:02] land development with associated dimensional variance. I believe this is [4:06] a one-year extension for the prior approval of the master plan, right? It's [4:13] master plan. >> Yes. [4:14] » Does it say? [clears throat] Yep. Okay. >> Good evening, Mr. Chairman, members of [4:19] the board. For the record, my name is Kelly Morris Salvatore. It's been a [4:22] while since I've seen you. It's hard to imagine that the master plan was [4:26] approved almost two years ago. Um just for the new members, uh this is a master [4:33] plan that allows for 732 units uh across substantially three lots in center of [4:40] New England that my uh client has under control. Um, in terms of the annual [4:46] update that I'm supposed to provide during this matter, uh, we do expect to [4:52] be before you, uh, for lot what we call lot three, which is one of the ones to [4:57] the west, um, near the Highlands condominiums. That should be coming to [5:02] you for preliminary plan very shortly. Uh, and, uh, the same partner in [5:07] development will be developing lot two as well. Um over on lot four, which is [5:12] the one closer to Arnold Road, we were very grateful to the town council last [5:18] night. Uh they approved a tax stabilization agreement that we have [5:22] been negotiating with them for for months. So we're ve very happy for that. [5:26] That gives us the opportunity to move forward with preliminary plan design uh [5:32] for that lot. Those are intended at this point to be apartments. So I expect to [5:37] be seeing you quite a bit this fall and winter. [5:41] looking forward to it. Want to get those units online. [5:45] » Okay. Does anyone um on the commission have any questions? [5:52] » Okay. Hearing none. Um I'll entertain a motion to approve the [5:58] two one-year extensions. Is that what we're getting here? I'm sorry. Are there [6:03] right to extend two one-year extensions? Richmond quit [6:08] » and will be broken up into phases. I'm sorry. Which will be broken up into [6:12] phases, but you're it's just one extension. [6:16] » Okay. >> Oneyear master plan extension to October [6:20] 18th, 2027 in accordance with Rhode Island general law. Do I have a motion? [6:25] » Um Mr. Co, I'll make a motion. [6:31] Um, I'd like to make a motion of approval for one-year master plan [6:35] extension project named Center of New England. Uh, major land development with [6:40] association associated dimension variances. Owner Matthew McGrien [6:46] um applicant Star Capital LLC. Address [6:52] Honor Road Angela Drive SE Stephanie Drive and Center of New England [6:56] Boulevard. lot AP 13 lot 14 AP14 lots 1 and 65 [7:05] portions of AP 14 lot one and 1.2 two app [7:13] uh 15 lot 98 zone BP business park the extension date is to October 18th 2027 [7:23] I'd like to include the staff report and the asense other associated documents [7:29] attached to the staff report in my motion [7:33] » I have a motion do I have a second >> second [7:36] » I have a motion motion by Mr. Kenny, second by member Price. Uh, last call. [7:41] Any further discussion? Hearing none. [7:45] All in favor? >> I. Any opposed? None. Motion carries. [7:51] » See you. [7:55] Okay. [sighs and gasps] Next item. Mar, this is a matter carried [7:59] over the ADU accessory dwelling unit with associated dimensional variance. [8:05] Jason and Amarie Theiel, assess plat 21, lot 312 in R20 zone located at 31 King [8:13] Street. Yes, sir. >> Good evening. Jamie Ter, Jason Tero. [8:19] Okay. 31 King Street, Coventry. Jason Tero. [8:27] Okay. [8:31] So, we have the staff director's report. You do you know why you're back before [8:35] us this time? >> Yeah, there weren't enough members [8:38] [snorts] last time to vote on it >> from the time before. [8:43] » We approved this. Yeah, >> but I believe the issue was the lot [8:47] coverage was not correctly calculated because you're now putting in a driveway [8:52] that >> Yeah, we want to um have a driveway [8:55] going to the ADU off the existing driveway. [9:01] » Right. And before it was shown as imperous gravel or not shown at all. And [9:07] now >> I think it was gravel before. Yes. [9:10] » Yeah. >> So that's the change. [9:12] » And since that wasn't calculated at the first application, you're back before us [9:16] to get approval because you won't be able to get a permit to put in that [9:19] portion of the driveway. Correct. With the prior approval, right? Okay. [9:23] » I just Does anyone on the U commission have any questions or do you all [9:29] understand why he's back here? [9:33] Okay, hearing none. Anything to add? We're good. [9:36] » No, no concerns by staff. >> Okay. So, if we're all uh set with [9:41] questions, I'll entertain a motion to uh approve the I just want to make sure [9:46] here. Are we just doing the variance on this one because he already has the ADU [9:49] or do we have to make two motions? >> We're doing an additional variance. Um [9:52] but it is a hearing so we should do a call for comments. [9:55] » Oh, okay. Is there anybody here in the audience that would like to speak for or [9:59] against this application or should I have is it hearing? [10:04] » Sorry, I'm a little off my game time. >> No, that's fine. You can just indicate [10:08] verbally that we're opening the public hearing and this is the opportunity. [10:11] » Yeah, we usually vote to open public hearing. [10:13] » Yeah, you you could do it as a vote. >> I'll make a motion to open this. [10:16] » We got a motion to We got a motion to open for public hearing. We got a second [10:19] by Mr. Kenny. Um [clears throat] all in favor? I. Any opposed? None. Is there [10:25] anybody here that would like to speak uh for or against the application for a [10:29] variance for the property at 31 King Street? [10:33] Is there anybody on Zoom? If there's somebody on Zoom, please raise your [10:36] hand. Do we have anybody on Zoom tonight? No. [10:41] Okay. All right. So, I'll make [10:43] » I'll make a motion to close public. >> Okay. We got a [10:46] » And we got a second close public hearing. All in favor? [10:49] » I. >> Okay. That said, I'll now entertain a [10:54] motion to um with regard to this application. [11:00] » Mr. Chairman, I'll make a motion to approve [11:03] uh the dimensional variance to exceed maximum lot coverage uh project is the [11:10] ADU unified development review accessory dwelling unit with associated [11:16] dimensional variances. Owner applicant Jason and Anne Marie Thorough 31 King [11:22] Street Cessors plot 21 lot 312 zone R20 lot size 0.76 acres uh existing use is a [11:31] single family dwelling proposed use single family dwelling with an accessory [11:36] unit ADU um I'd like to include the staff report [11:41] in my motion >> okay I have a motion do I have a second [11:47] » I'll Second >> motion by Mr. Kenny, second by Mr. [11:51] Price. Do we have any further discussion from the board? Hearing none. All in [11:57] favor? >> I. Any opposed? None. Eyes have it. [12:01] You're all set, sir. >> Thank you. [12:03] » Sorry for the delay. >> If if uh if uh you don't mind, I'd like [12:07] one more motion on this. Whenever we do ADUs, we always do a second motion to [12:11] allow the project to move forward to building permit. Very straightforward. [12:14] » I'm sorry. uh a second motion to allow this ADU to move forward to building [12:18] permit. >> Okay, that's [12:20] » this is we we call it unified because there's two separate actions. [12:23] » Okay. I just didn't know if we had kind of already done. Okay. So, at this time, [12:26] I'll entertain a motion to allow this project to move to building permit. [12:30] » Mr. Chairman, I'd like to make a favorable motion for the throat ADU to [12:35] move forward to building permit. And I'd like to include the staff report in my [12:43] uh motion. Okay, I have a motion. Do I have a second? [12:47] » Second. >> Motion by Mr. Kenny, second by member [12:50] Price. Any discussion? Hearing none. All in favor? I. Any [12:57] opposed? None. Motion carries. >> Thank you. Good night. [13:02] » Okay. New applications for discussion. Vote or [13:07] other action. 8.1 Torborg ADU. Accessory dwelling unit with associated [13:13] dimensional variance cesus plat 43 lot 18 in the R20 zone. [13:19] Owners are Vincent and Alicia Torberg at 100 Reservoir Road proposing a 2600 [13:25] square ft two-bedroom accessory dwelling unit on a 97 acre parcel. [13:30] One-dimensional variance is required because the ADU will exceed the maximum [13:34] unit maximum unit size requirements. Good evening. [13:38] » Good evening, Mr. Chairman. Are we uh with the chairman's indulgence, could I [13:42] have one moment to speak with the solicitor before I begin? [13:45] » Sure. [14:12] Thanks. >> No problem. [14:14] » I didn't give it get a chance to give him a heads up earlier. [14:16] » That's fine. I understand. >> So, good evening. Thomas Cronin, 1070 [14:21] Main Street, Car Coventry, Rhode Island for the owner and applicant, the Tobog [14:25] family's here with us tonight and uh there contractor Ryan DeFranco from [14:30] Trust also with us um if there any questions that they can uh respond to. [14:37] So 100 Reservoir Road AP43 lot 18 is 42,383 [14:43] square feet or.97 acres. It's in the R2 R20 zone, excuse me, R20. [14:50] So the existing conditions include a single family home uh with well and [14:54] septic. Uh the lot runs uphill from Reservoir Road to the rear property [14:59] line. It's a raised ranch style home with two stories in the front and a [15:04] single story in the rear. That's how the the grade uh works. There's a pool, [15:08] concrete patio, and a fenced in lawn behind the home directly to the rear [15:13] adjacent to the existing home. Uh the driveway and utility access are also [15:18] directly from Reservoir Road. There's an existing well on the [15:23] southwest side of the existing home and the septic is in the front yard of the [15:29] existing home adjacent to Reservoir Road. The proposal is to construct a [15:36] freestanding ADU behind the existing home and behind that fenced in yard uh [15:42] after the pool. The proposed ADU is for the Torborg's daughter, Kendall, who's [15:48] with us tonight. Town ordinance requires an ADU that are incidental and [15:54] subordinate to the principal home and maintain a continuity of appearance with [15:59] the existing home in the neighborhood. 100 Reservoir Road is located in a [16:04] neighborhood of well-kept single family homes, most built um with minimal [16:10] setback within 100 ft of uh Reservoir Road. Um the proposed ADU is a [16:16] singlestory two-bedroom shingle style cottage. Has a peaked roof, a small [16:23] covered front porch, a rear deck, and a single attached uh single car attached [16:28] garage. I don't know. They're not no plans up [16:31] there, but um including these features, the ADU is uh [16:37] smaller and lower than the existing home and the neighborhood homes. [16:44] So, the applicant has submitted a landscape plan. Uh Dennis Haggy from the [16:49] staff has been out to the property to go over it, but the property is currently a [16:53] grass lawn in front of and beside the existing structure. This will remain. [16:58] There's a fenced in grass lawn behind the deck and pool which will also [17:03] remain. Um, beginning at the rear fence on the south [17:07] side of the property through the rear boundary, there are mature pine trees [17:11] and other deciduous trees including oaks. The area to the south side of the [17:16] existing fence will be cleared for the ADU and a front lawn for the ADU. the um [17:22] so the area in the center will be cleared but the trees will be maintained [17:27] along the boundary including the rear boundary [17:31] behind the existing uh there's also going to be uh an OWTS specific to this [17:38] ADU so there'll be a clearing uh for that area as well [17:44] so um the applicant has plans to fill in any gaps created by construction with [17:49] some new evergreen planting I think there are 18 abroite trees currently [17:55] along the boundary along uh I guess it would be the southeast boundary [18:02] and additional plantings will be made so that the there'll be limited visual [18:06] impact uh to the neighbors. Um, in order to reach this ADU, a separate new [18:11] driveway just like the one you just discussed with the gentleman before us [18:15] would be installed 12 foot wide driveway from Reservoir Road to the ADU along [18:21] that same easterly boundary that uh has the uh currently 18 Abraitees. It'll go [18:27] between the existing row of abravites and the existing front yard septic and [18:32] home. So the variance saw tonight is for the [18:37] size of the ADU. So the ordinance there's there's a bunch of [18:44] calculations, but in in this case, the ordinance refers to a a maximum size of [18:49] 1,200 square ft. So that's what we're uh working with. The interior living space [18:56] of the proposed ADU is 995 ft. There's an attached garage of 352 square ft and [19:03] a covered front porch of 78 square ft for a total of 1,65 [19:10] square ft on the ground level. The town includes the area of the [19:17] unfinished basement, an area of 995 square ft in their calculation, which is [19:23] how they reach 2,600 square ft. I have raised a legal objection [19:30] that floor area is not defined in state law or the town ordinance and there's no [19:35] legal or practical basis to include the unfinished basement area in the [19:40] calculation of the floor area. That's that's not really for this board to [19:45] decide and I'm only raising the objection to preserve it. I don't have [19:49] any plans to further argue that point. But should things not go the way we [19:53] hope, it's preserved. Thank you. So the planning department has suggested [19:59] uh that an outside bulkhead be integrated into the basement to allow [20:04] for exterior access to the basement of this ADU so that the [20:09] storage in the basement of the ADU can be common storage for the ADU and the [20:13] primary residence. We we like we like that suggestion made [20:17] by the staff. We think it's a good suggestion. um part of the basement of [20:23] the primary residence which is a raise ranch style home is finished. So there's [20:27] actually a very small basement area in that home probably be it's it's a good [20:33] idea to have that ADU basement be common storage and so we're adopting that [20:38] suggestion. We think it's a good one. So the plans will be will show um exterior [20:44] access through a bulkhead to that ADU basement. [20:49] Um, so when we look at the basis for the [20:53] variance based on size, we looked at we look at the impact to the neighborhood, [20:58] the impact to the property and and the town. So, I I said I wasn't going to [21:03] argue about the unfinished basement area tonight because when you look at when [21:07] you look at that, an an unfinished basement doesn't have any impact on on [21:12] the neighbors, the the the utilities, the town and the public health and [21:16] safety of the town of Coventry. It's just it doesn't, you know, just doesn't [21:20] have any impact at all. Um I I note you know kind of repeatedly in [21:27] my application and I apologize for the redundancy though that the actual living [21:32] space is 995 ft where 1,200 square f feet are is allowed. The other items are [21:40] part of a design, a thoughtful design to have this be an attractive building to [21:45] have it integrate into the neighborhood, not just for the primary residence, but [21:50] for the other residences. So, we have some design features like [21:54] that covered front porch and a small rear deck which are counted into the [21:59] square footage which brings it up to that 1,600 or 2600 depending on how you [22:03] look at it. Um, but those are items that um help this integrate so that it's not [22:10] so noticeable uh in the neighborhood as you drive by. Um, they're they're design [22:15] elements that add value for sure, but you know, [22:19] we're not are here to argue about economics, but also uh increase the [22:24] blend into the neighborhood. Um, so I I guess [22:31] that's our basic story. I'm sure the board has some questions. Um, and I'll [22:37] uh answer them best I can. [22:42] Does anyone on the board have any questions? [22:49] I don't hear any yet. I just I'm I'm still trying to grasp some of this [22:53] calculation stuff myself. >> Sure. So, and I know you didn't do the [22:56] whole it's it's the there were two What is the square footage that was used um [23:03] to do the calculation for the existing dwelling? Do they count the lower level [23:07] because it's finished in that calculation? I [23:09] » I believe they counted the entire tax assessor's floor plan, [23:15] » right? But in a raise ranch, they usually don't they wouldn't count the [23:18] basement. No real estate broker would count the basement. That's why I'm [23:20] trying to compare apples to apples. Yeah, because you raised a very good [23:24] point with counting the basement. So, I'm just wanted to know for this [23:26] calculation when the town >> says, well, it's this percentage or [23:31] 1,200, what percentage what what do we use [23:35] » in this case? The the code says that the maximum size of an ADU shall either be [23:39] 1,200 square feet or 60% of the size of the primary dwelling, whichever is less. [23:46] In this case, the lesser number is 1,200 ft². So imagine that the the primary [23:52] dwelling is large. Um but the 60% of that number becomes irrelevant because [23:57] we're working with >> I just wanted to know if it wasn't [24:00] irrelevant whether you would count the lower level [24:04] of a raised ranch in the square foot calculation or not. [24:08] » Yeah, we do. Um >> so we do apples to apples. We we we do [24:12] attempt to do apples to apples which is um and as you've seen we've done ADUs [24:17] where we do count the garage as part of the square footage. Uh we're we're [24:21] drawing upon state law. Um our code zoning code speaks like uses the same [24:26] language as state law. It doesn't use the term living area. We're not m we're [24:30] not looking at the maximum living area of the ADU. We're looking at the maximum [24:34] floor area. So, we've taken the position that that includes decks, it includes [24:38] porches, it includes garages, it includes basements. I think what um the [24:44] uh uh Mr. Cronin has just offered in terms of an exterior entrance to the [24:49] basement, I think that for us was a key consideration if they wanted to use the [24:53] basement and consider the basement as like general common property storage. [24:58] That's something that I can appreciate. Um, it raises a a little bit of an odd [25:04] variance uh notice question. Um, it almost might be better for Mr. Cronin. I [25:09] think that's a valuable point. I think we could still look at that. Here's the [25:13] issue. This is notified for a um uh the idea is the ADU itself is part of a [25:21] building. Right now, we're counting the entirety of the building, all the floors [25:24] as ADU square footage. We've noticed that the variance we're seeking is for [25:28] an ADU that's bigger. If we start to look at the building as two separate [25:32] components, there's an ADU and then there's a separate square footage that's [25:37] related to another thing. Someone might argue that we should have two variances. [25:42] One is to have an ADU that's bigger than the square footage. And let's just say [25:45] that number is 1,600 for sake of argument. You still need a variance just [25:49] for the top floor. We have code that says that no accessory structure [25:53] regardless of its use should be bigger than 12,200 square f feet. So now we're [25:57] triggering this multiple things happening in the building at once. One [26:01] might argue we should have a variance for the ADU size and a variance that the [26:05] entirety of the structure is also bigger than 12,200 ft. We've only noticed the [26:10] ADU for tonight's hearing. >> It it could be that it's half dozen one. [26:15] » Yeah. you know, but I would suggest maybe if they want the square footage, [26:20] we stick with it being under the umbrella of the ADU, but I think that [26:24] the counselor raises good points about trying to um make sure the board [26:29] considers that that square footage may not be as pressing as, for example, a [26:34] second floor of an ADU would look. That makes sense. [26:38] The basement's 995, but I guess if it's not part of the issue is going to get [26:43] clouded in my opinion, and I don't think Mr. Cronin wants to use this as his test [26:48] case. >> I do not. And uh that is why I indicated [26:51] that although I was preserving the argument, I'm not going to press it [26:54] tonight. I uh I would like you to consider the [26:59] ADU in its entirety. >> 2600 square feet for the whole thing. [27:03] The only Yeah. Go ahead. Does anyone else on the on the board have any [27:06] questions? Okay. And we have this down for public [27:09] hearing. >> This is a public hearing. Yeah. [27:11] » Okay. Um I don't want to make any comments that are going to maybe sway uh [27:15] comments in from from the audience, but I do have a comment on these ADUs. Um is [27:20] there anybody I'm sorry. >> Like to make a motion to open. [27:23] » We got we got a we got a motion to open public hearing by Mr. Price. Do I have a [27:28] second? We have a second. All in favor? I. Is there anyone in the audience that [27:33] is here to speak for or against this application for a um variance for the [27:38] ADU? I don't see anyone in the audience. Do [27:42] we have anyone on Zoom? And we still have nobody in attendance on Zoom. [27:46] » No, there's two. >> Two. Okay. Anyone want to speak on this [27:49] application? Please raise your hand. [27:53] Let the record show there's no hands up on Zoom. Um, with that said, uh, I'll [27:59] entertain a motion to close public hearing. [28:01] » Make a motion to close public. >> I have a motion by Mr. Price to close [28:04] public hearing. Second by Mr. Kenny. All in favor? I. [28:09] My the the layout of this is, in my opinion, is good. It's It's great. I [28:15] just wonder as we start to approve these, and I was thinking this the other [28:18] day, are we going to start getting variances five or 10 years from now? [28:24] Hey, can I just subdivide the lot now? I got two houses on one lot and I got, you [28:29] know, and I can't the dimensions aren't going to work. I don't have enough [28:33] frontage of about, you know, a few thousand square feet or 20,000 square [28:37] feet for both houses because we've seen a couple of them now. And basically, it [28:41] it's coming down to they're allowed, state law allows it. The idea is to [28:45] increase housing stock, but um I'm just wondering how it's going to go five or [28:49] ten years from now when someone goes to sell their property and it has two [28:53] houses on one lot and you know either the price is going to be a factor or [28:56] something's not going to work and they're going to start coming and asking [29:00] for variance. I I just caution you. It's funny that you should raise that because [29:02] a Rhode Island Supreme Court case came down this week in Newport that a 1994 [29:09] restriction against further subdivision was good that that they could, you know, [29:14] that the town could rely on that and say no, you cannot further subdivide this [29:18] lot. Even though, of course, there are new statutes, there's new ordinances, [29:23] they said, you know, if they wanted to appeal it, that was their chance. So, [29:27] uh, it's an interesting point. But uh just this week the Supreme Court said [29:31] the town can rely >> on that decision [29:35] now presently 20 years later, 22 years later. [29:39] » Yeah. I'm going to and we do that sometimes with some of the lots and the [29:43] other things that we we've done where folks have come in and said, "Hey, can I [29:46] cut this or cut that? I need a variance." And then no further [29:48] subdivision. Uh I'm not so inclined to um [29:53] consider that tonight. It was just a comment because I can just, you know, [29:56] I'm just looking forward >> um Okay. Does anyone else on the board [30:01] have any other questions or comments on this? [30:03] » Yeah, I'm just I'm just looking at the the calculations. So, the ADU as it sits [30:10] right now with all the plans and designs is 2600 square feet. Correct. [30:17] » Correct. And if they the conditions of approval, if we eliminate [30:23] the proposed deck and the covered porch, is that what's going to bring it down to [30:30] 2,91.6 square ft? [30:34] » Um the deck and the porch to combined are it looks like somewhere around 258. [30:42] » It is. And so, yeah, it'd be Yeah, it'd be um [30:46] » that brings it down to 2,300 >> 2,300 or so. [30:49] » Yeah. So, >> it'd be it'd still be well over. I'm [30:53] going to give you my frank take on this. My Frank Tank take on this is that um I [30:59] think the most important issue is what you just got to Mr. Clooney, which is if [31:04] we create ADUs that start to look like two houses on one lot. I don't think [31:08] that's the case here because I think the location of the ADU is prominently right [31:14] in the rear of the lot and the lot if it was to be subdivided would require a [31:18] variance for the frontage. So when we have if we have wide uh shallow lots and [31:24] they do a big ADU then I think we start to wonder does this start to look like a [31:28] uh two two units on one lot. I don't think that's the case here. However, [31:33] what you're seeing is staff did think the number 2600 seemed quite high. It's [31:37] over twice what the state limit is. It's over twice what our zoning code limit [31:40] is. Staff kind of in their analysis gave you some optionality for how you might [31:46] reduce it. I frankly don't think the basement makes it look any bigger. You [31:51] can't see it. So I'm not sure if we we're giving you optionality if you wish [31:56] to reduce the size. In this case, I don't think the size renders this [32:00] particular ADU to appear that it's not sub sub, you know, um, uh, ancillary um, [32:07] and subordinate. I think it looks ancillary and subordinate. That's the [32:10] most critical component. Whether the board feels inclined to reduce the size, [32:14] I think we're giving you some options on what ways to do that. [32:16] » Well, the reason I asked that question is because the calculations don't work [32:20] out because it said staff added the following considerations. is the ADU [32:24] could be reduced to a maximum size of 2,91.6 [32:29] ft. But if I take 258 from 2600, that's 2342 [32:35] ft. So how do you get down to 291? That that's my [32:42] » um the 291 is actually provided as reference to what is 60% of the size of [32:50] the primary dwelling. uh that's only there for context. The idea is that if [32:55] the applicant warranted extra credit for the fact that the primary dwelling is [33:00] very big, then if you feel like he's got a big primary dwelling, he should have a [33:04] little bit of a bigger ADU. That number is just there to reference as that's [33:08] what 60%. It the code is telling us you have to go with the lesser number which [33:14] is 1,200. So code compliance is 1,200. That 291 is just there to let you know [33:21] that's what would be 60% of the size of the primary unit. [33:24] » It's just not >> which would be what was the number that [33:27] would be 60% please. >> 60% of the primary dwelling would be [33:31] 2,91 square ft. So that's really that was [33:35] staff just offering some context on >> if if it's a big primary house and you [33:40] feel inclined to give this ADU a little extra credit then that's what 60% of the [33:45] primary. Now you know why I wanted to know whether they calculate with [33:48] included the basement in the is is the is the house that they live in now or [33:53] the existing house three three about 3,000 square ft and then does it include [33:58] the basement or not include the basement cuz again I was trying to I'm trying to [34:02] justify is this house going to look bigger than the one in the front? It [34:05] doesn't sound like it will. >> It it won't look bigger. um the the [34:08] primary dwelling the the number we're referencing is pretty close to 3500 [34:12] square feet. >> And I'm [clears throat] inclined to [34:14] agree with the applicant's attorney that I think [34:18] aesthetics goes a long way to just throwing up a boxy structure to meet the [34:24] the requirements when you're fitting it into a neighborhood. And and similar to [34:29] the last application, as some of my colleagues mentioned, we didn't have any [34:34] objections right now from the abutters or the people that were noticed to come [34:38] to this hearing about the size of the dwelling. [34:40] » Agreed. Yeah, I think that there's um it's a large ADU. Um when you're looking [34:44] at the staff analysis, I think we were chopping this up a little bit to give [34:48] some optionality if you wanted to reduce size. [34:50] » I appreciate it. But I think that the board is within their right to to look [34:54] at the whole picture, which is um the the lack of any noted opposition and the [35:00] fact that from the street, this certainly won't come close to looking [35:04] like a two family or uh or two separate units. That's my personal perspective. [35:11] » Do I have any more comments from anyone on the board? Anyone want to kind of [35:14] weigh in on this before we entertain a motion? just [35:18] my estimate um [35:25] this this paragraph says the 2091 described in the staff findings for the [35:30] above through the removal of the porch and deck. So that's that's incorrect. It [35:35] would be 2342 if we remove the porch and deck. Um, if it's 2091, now we're eating [35:41] into the structure, which means they have to redesign the house [35:44] » or the garage >> or the garage. [35:48] I personally don't have a problem with removing number one and number two [35:53] conditions of approval, which means they don't have to take off [35:58] the deck and they don't have to take off the porch because [36:02] that really has no effect. I mean, I don't know if that's putting [36:09] us in a a situation down the road that it's going to be a problem for us with [36:14] ADUs. Um, as we said, the building at 2600 [36:19] square ft is including the basement, which really isn't livable space unless [36:25] you finish it. But by putting that outside bulkhead in, now you're making [36:30] it common storage space. So if you if you technically take off the the 995 [36:37] square feet, you're down to 165 square ft, which is only 400 above [36:43] versus double and more. [36:48] I don't know where that puts us by arbitrarily picking how we look at it. [36:55] And do you have any weigh in on what I'm talking about, Mr. Solicitor? [37:01] I would like to, but I I did not have I didn't know this issue. I was going to [37:05] be down until Mr. Cody just mentioned it to me in my ear a moment ago. Um, so I [37:13] do think at some point the count the board needs to take a position. Um, are [37:18] they are they not going to include it the basement? Forget the out the [37:22] additional structures. Right now, I'm not hearing arguments against the um the [37:27] » Yeah. >> dog house or the um [37:33] porch area, right? Are there arguments against that as well? [37:36] » No, I I honestly leave I think the best way to think about it is this. It does [37:40] not in my mind make sense to have this app. We thought the basement should be [37:45] included because the only way to reach the basement is through the ADU. It's [37:48] almost as a precedent that I find that we should make sure that ADUs include [37:53] all the components that are part of it. Um, that being said, I think you should [37:58] stick with the concept that the relief that's being sought is all under the [38:02] umbrella of an ADU that's too big to break it up and say that part shouldn't [38:06] include it. We we almost open up a can of worms as to whe whether we notice [38:09] this correctly. Now, it's up to the board. I'm not bothered by the basement. [38:14] It's a lot of square footage, but to me it doesn't impact the true issue here, [38:19] which is does this unit look subordinary and incidental to the primary house. The [38:25] basement can't be seen. I do think um I asked the applicant if they had any [38:30] intent to finish the basement, which I think is a reasonable question to be [38:33] asking when we get these. They said that wasn't their intent. If the board feels [38:36] that you want to add a condition of approval to that extent, you could. [38:39] That's up to the board. I think if you're not touching the basement, the [38:43] idea is are you bothered by the front porch or the rear deck to the degree [38:47] where you think those amenities make the house look different than a subordinate [38:51] incidental house? If they don't in your mind, then I think you're well within [38:55] your right to approve it at 2600. Um, you know, when we did our analysis, it's [39:00] it sometimes we're thinking that the board may want some options to reduce [39:04] the size if the board is of the mind that they think this is appropriate as [39:08] it's proposed. I don't have outstanding concerns with approval as proposed. [39:13] » If they did decide to finish the basement in the future, hypothetically, [39:17] they would have to come back before the board [39:19] » whether I would say so. I would assume [39:23] » ADU statute. Yes. >> Yeah. I would actually, you know what's [39:28] very funny? I take the position that um the ADU statute and state law doesn't [39:34] use the word living area. It just uses the word floor area. We're taking the [39:37] position that the basement is floor area. So to be honest, them converting [39:41] the basement from an unfinished to a finished, it doesn't impact the fact [39:45] that they were given an ADU this big. To be honest, I think that unless this [39:49] board wishes to add a condition of approval, they could finish the basement [39:52] without another variance. It's a building permit away. To be honest, [39:56] that's up to the board if you wish to add a condition of approval on something [40:00] with relating to the use of the basement. That's I'll leave that for [40:04] your discretion. Um, I would say that we're considering code that gives them [40:08] that square footage. Whether it's finished or not, we're giving them the [40:11] square footage. [40:16] Anybody else? All right. So, my thoughts on this now [40:20] are 2600's what's before us. To render an approval for anything less than that [40:27] is going to put the applicant in jeopardy to some degree. Um, it's a full [40:32] basement. It's not like a raised ranch where it's half light. So, um maybe [40:39] they'll finish it, maybe they won't. But, um I'm inclined to myself just [40:44] consider the application on the face of the way it is. And as Mr. Kenny pointed [40:48] out, I don't know, um why one would get stricken, but number [40:53] two and the conditions of approval would. Um [40:58] » and Okay. And you're okay with all the other conditions of approval? Did you [41:03] read what those were? Yep. Okay. >> Okay. So, in unless we have uh more [41:08] discussion or future, um I'm I'm ready to entertain a motion. [41:17] » Basement. >> That's up to the members, but I I as I [41:20] said, I I don't have a concern. It's a full basement. He's going to have [41:24] utilities down there. >> Yeah. The way I look at it, it it's [41:27] below ground. So whether they finish it or not, that's uh as far as I'm [41:32] concerned, they just have to go get >> they're going to have utilities down [41:34] there, boil it down there, maybe a washer dryer, I mean, [41:39] » even if they finish part of it to make it look nice and put exercise stuff down [41:42] there, what what do we care? >> I think it's going to fit in with the [41:46] neighborhood. That's the most important thing. So that's just my opinion. Okay. [41:49] So, with that being said, does um >> chairman, I'd like to make a favorable [41:53] motion to T togg [41:59] uh owner applicant Vincent and Alisa Torborg, 100 Reservoir Road, Assessor's [42:04] Plat 43, a lot 18, zone R20, lot size.97 acres. This is an existing family [42:13] dwelling, which they are going to be adding an accessory dwelling unit. The [42:17] applicants proposed to construct a 2600 square feet two-bedroom accessory [42:23] dwelling on their uh on their lot. The applicants seek a dimensional variance [42:30] as the ADU exceeds the maximum unit size requirements. I'd like to include the [42:36] staff report with general approval recommendation number two stricken from [42:42] the report. >> I have a motion. Do I have a second? [42:48] » Second. >> Second from Mr. Doo. Do we have any [42:51] further discussion on this application? [clears throat] [42:55] Hearing none. Uh, all in favor? I. Any opposed? None opposed? I sat. [43:01] » Thank you. >> Uh, council, I'd like to add a second [43:04] permit, a second approval for to allow uh the application to move forward to [43:10] the building permit process. >> Second. [43:13] » I have a motion by Mr. Price and me uh second by member Studley to allow this [43:20] application to move to the building permit stage. [43:24] Any discussion? Hearing none. All in favor? I. Any [43:29] opposed? None. Now you're >> Thank you. [43:32] Word and bill. >> Good luck. [43:35] » Good luck. >> Okay. What's next? [sighs] [43:42] » Yolks. The Oaks Homeowners Association. [43:48] » Yes, sir. How are you? >> Good. Name and address for the record. [43:53] » Tyler Bosworth to Jack Sway. Um, I am the president of the Oaks Homeowners [43:58] Association. [44:01] » Okay. And you are coming before us. I've read the application. It sounds like [44:06] you're just trying to do a little housekeeping, clean things up. [44:09] » Yep. >> Yeah. So to speak. Um, [44:14] » I can give a quick >> Yeah, that would be good just just just [44:17] for the board. I mean, we have it in front of us, but sometimes it's nice to [44:20] get >> um the the the [44:25] uh declaration that was drafted that um oversees the rules and regulations [44:30] within the Oaks Homes Association was um something that was uh put forth and [44:36] filed with the town by Robert Duboce building code. Um and [44:41] um he had a lot of stuff in there um for when he was overseeing the board. Um uh [44:50] but the way that it's written when enough of the lots were sold and he [44:54] handed the the you know the jurisdiction of the board over to the community [44:59] members. Um it basically says that the the board really has no uh [45:06] responsibilities other than maintaining the common grounds. Um if you read like [45:10] the beginning parts of it, it's like anything with bylaws and rules and [45:14] regulations. It's it's homeowner to homeowner or town to homeowner [45:19] compliance. The board really has no say uh in in any of the stuff going on. So, [45:25] there were a couple of of things that um that were in the document that we were [45:32] just hoping to amend it just to make things a little bit easier just to [45:35] maintain the relationship, maintain the board stuff. And then also um what Bob [45:41] was approving and doing when he had ownership of the board versus today [45:46] there's there's a little bit of conflicting stuff there. So, it's really [45:48] two two addendums. Um he's got a section in there about fencing and it describes [45:53] particular fencing material that can be used. Um it does not include vinyl. [45:59] Um but when he was overseeing the board, he gave approval for people to install [46:03] vinyl fencing. Um and we're there's a lot of houses that have vinyl fencing in [46:10] the neighborhood. It looks nice. It looks fine. Um, and we would just like [46:15] to add vinyl to the list of approved fencing material uh within our [46:20] development just to avoid any legal issues of houses that already have it or [46:26] want to install it or or whatever the case may be. So, that's one uh requested [46:31] addendum. Um, the first and I skipped I went to the second one first. The first [46:35] one on on the list um is in regards to uh out building out structures. Um [46:43] um it's written that while he is uh in charge of the board any uh outuilding [46:52] structure approval has to go through him as well as meet you know to town [46:56] compliance ordinance and all that stuff but he has the the right to say yay or [47:01] nay. Um and then after he leaves it gets handed over to the board. Um, but what [47:08] really isn't documented in there is what constitutes the approval. Um, it's [47:14] really subjective and the way our board works, it's just people that live in the [47:18] neighborhood and could be a different group of people next year uh that are on [47:22] the board. And um, so we just like to remove the board being responsible for [47:28] the process of approving any of the L structures and just leave it with the [47:31] town. Um, so that way we don't run into conflicts with, [47:35] » you know, objective opinions on what is a good [47:38] » or the board has to have a meeting. They don't meet for three months. Now the guy [47:42] can't get I you you understand he put that in there because he's still trying [47:45] to sell the houses and all of a sudden the guy next door just starts throwing [47:49] up the building. >> Problem with with the original verbage, [47:51] just the last part about when you know now the board is responsible for [47:55] approving or denying feds and we just don't think that that's something that [47:58] we should be involved with. So, so does um anyone on the board have any [48:03] questions for the applicant >> hearing? None. Um public hearing on this [48:07] one, too. >> No. Um this is a an odd request we don't [48:11] typically get. >> Okay. Yeah. Yep. [48:13] » Yeah. Okay. We it and it should be noted that um it does call out what the [48:18] official process is at the beginning of our uh documentation. And it says that [48:23] we have to get um uh signatures by a majority of the members uh to approve uh [48:31] the addendums as well as planning commission approval. Um and we have a [48:37] very minimal budget and >> Oh, the changes these changes you're [48:40] talking about? >> Yes. Yeah. [48:41] » Yeah. So um so tonight's request is to just formally [48:47] get the approval from the planning commission to Yeah. we agree with the [48:51] concept of these changes. We I will still have to go back and collect the [48:55] necessary signatures um and then present them and file them, [48:59] I'm assuming, with the town to actually officially make these changes. So again, [49:04] tonight was just to get your guys, you know, blessing. Yeah, it's it's fine. [49:08] You guys can move forward with Are you okay? So if we vote on this tonight, I [49:12] it'll go administratively after that. You'll work with them to get Correct. [49:16] They don't have to come back. Frankly, we don't have many HOAs that say that to [49:19] change their own HOA bylaws, they have to come back to the planning. So, I [49:22] think this was an idea a previous planning staff or commission had [49:27] inserted. Frankly, we wouldn't recommend having bylaws and HOA docs require [49:32] coming back to the town. This one happens to have it and we have no [49:35] issues. >> This is Oaks, right? This is the [49:39] » not to be confused with the Oaks, too. >> Yeah. No, this one we have no concerns [49:42] with the things they're changing. He just happens to need a vote. Um, and so [49:47] it's a very simple >> Which oaks is this? Off Tyoke or Ho [49:50] Furnace? Which >> it's Twood? [49:53] » Twood Drive West. Yeah. >> Okay. [49:57] » So, there was >> it was another [50:01] subdivision cut through Road off Luba. >> Yeah. [50:04] » That I guess the original developer handed off and so he just named it Oaks, [50:09] too. Yeah. >> Yeah. Okay. Um, [50:14] any further discussion from the Okay, I'll entertain a motion then. [50:19] » I'll make a motion to approve the proposed changes to the declaration of [50:22] restrictive and protective covenants uh for the oaks as presented. [50:27] » I have I have a motion. I have a second. A motion by member Stley, second by [50:33] uh member Kenny. Do we have any further discussion? I didn't hear any. Okay. All [50:37] in favor? I. Any opposed? None. All set. All right. Good luck, gentlemen. [50:46] » Wonder how many signatures he has to get. [50:49] » Well, he knows he got some some good ones because he was buying a fence. [50:52] » Okay, so we are now up to item 9.2, which is the zoning code updates. And I [50:59] think we've got some pressing matters. I realize it's still fairly early, but [51:02] just out of an abundance of caution, I'd like to switch up the agenda. Could I [51:05] have a motion to please uh move item 9.2 to uh to uh [51:14] to after item 10 and we will take up the uh [51:20] 10 point you want 10.2 first or 10.1 or it [51:24] doesn't >> let's do 10.1 I imagine it may be pretty [51:27] quick and we do have an applicant here for that [51:29] » oh okay I'm sorry okay so we'll I I'll entertain a motion to move item 9.2 to [51:35] um to after after items 10. >> I'll I'll make a motion to move 9.2 to [51:42] after item 10 on the agenda. >> I have a motion. Do I have a second? [51:46] » Second. >> I have a second by member Stley. Motion [51:48] was by Mr. Kenny. All in favor? I. And now uh we'll take item 10.1 ordinance [51:55] 2026-21 amending chapter 255 of the zoning [51:59] article 5 zoning districts and zoning district map reszoning 1119 [52:06] after general business from must have been BP um Michael beard [52:17] » how are you board on behalf of Mr. Beard attorney Al [52:22] Medisi Medici on behalf of Mr. Beard. [52:30] Okay, I have to confess this is my first time [52:33] at a first read, so I'm not sure how how you proceed. [52:37] » First, this is my first time at a at a first read, so I'm not sure how you [52:40] proceed on on these matters. >> Mr. Mediti, if you just want to give a [52:45] twominute overview of uh the proposal that you're looking to do. Sure. So, uh, [52:51] Mr. Be is proposing to, um, he need have the zone changed, uh, from plan [52:56] development to general business. Uh, his intention is currently a building, an [53:01] old kiosk from Citizens Bank. It's being, uh, torn down. He already has his [53:05] a demo permit to take the building down. Uh, it intentions to put up a 50 by 100, [53:12] uh, garage style storage building for contractors could store their equipment [53:16] there. [53:20] Yep. Okay. And that's allowed by Wright and the general business owners. [53:24] » That use is allowed by Wright. Um would be worth noting as the board may be [53:29] thoughtful on um the uh aesthetics is that this property would still be [53:34] subject to the special planning overlay which uh would bring with it uh certain [53:40] um aesthetic degrees. It talks about the the building materials. It talks about [53:44] pitched roofs. uh this property would still be subject to that overlay. Um I [53:50] know it's it's likely it's a prominent property and it will become more [53:53] prominent because of the development in and around it. Uh we do have the [53:56] capacity to ensure that there's um uh a streetscape uh appeal to the best degree [54:02] we can be aware of those conditions. >> Yeah. [54:06] » And what's the um how big is the lot? [54:12] » It's fairly small. [54:18] 1.3 acres. >> And And what would be allowed in the [54:21] business park zone? >> When you say the business park, you mean [54:24] the BP zone? Are you talking Are you referring [54:27] » PD? I'm sorry. >> PD. So a PD zone is like a make your own [54:30] zone essentially. Um the that means or a PUD. You might have heard that term [54:36] before. >> I'm just trying to figure out what is he [54:39] going to gain by switching this to general business. What can he do here [54:42] now that he can't do? Because originally that was all zoned [54:47] » for for planned development, at least that's what it says, change from planned [54:51] development when they had the proposal for the mixeduse development in there. [54:55] And now we've got 400 apartments going in there using the same entrance. And [55:00] basically, Mr. Beard has an easement to get to his property through what they're [55:04] building. And I'm just thinking contractor trucks and equipment that [55:09] might be using um what could be construed as an industrial use really. I [55:15] mean I I don't know what he's going to be storing in there. Um so um couple [55:21] considerations. The PD zone as it's zoned right now would only really allow [55:25] him to uh achieve the same use within the same building footprint. And when [55:29] this was zone PD they tied the zone to the approved site plan at the time. So [55:35] essentially this was a zone that allowed them to build exactly what they built. [55:40] Um so the options are to either reszone it to PD to something else which we're [55:46] kind of kicking the can to whatever he wants to do. We're going to do it as a [55:50] zone exercise and uh that is one option but that's not the option they're [55:56] seeking. What they're seeking is to turn it back to a GB which is a generic zone. [56:01] that zoning designation matches what exists on Tyogg on both sides of the [56:05] street for the duration. So, we see it as a fit because imagine that what [56:09] they're seeking to do is the same thing that Burger King or any other lot that's [56:13] in the vicinity could also seek to do. They're going to be given the same range [56:16] of allowed uses across the GB zone. Um I think it is worth noting because we're [56:22] aware that there's um new development in and around the area that we would have [56:27] the tools. This would come back to the board as uh either a major or minor land [56:32] development. Likely a minor. Uh actually, I take that back. It may not [56:35] come back to the board if it's a minor land development, but the town will [56:39] still review the details of the minor land development. We'll be able to [56:43] ensure that there's um good aesthetic outcomes if because we do have the [56:48] ability to suggest what building materials can be used, the pitches of [56:52] roofs, and there's a code on fenestration on windows. So I think um [56:56] out of the range of uses that are allowed, we can at least ensure there's [57:00] some good form, some good appearance of the structures, [57:06] » right? And is the has the town done anything with this ordinance? Do they [57:11] read it once and now we're making the recommendation? They did. [57:14] » This got a this got a first reading last night at the town council. Um, so it is [57:19] in front of you for a recommendation and then back in front of the town council. [57:22] I believe on September 22nd is when they may shoot for a hearing, but it may not [57:28] make it that quickly. Do you happen to note in September 22nd? I believe it's [57:32] back in front of the council for >> hearing. But did what do they do about [57:35] notice? Cuz the applicant for the abuing parcel probably isn't the owner of [57:39] record. >> Um, for notice, you don't mail a notice [57:43] for a zone change like this. You actually the notice occurs through the [57:46] paper. So, there's a newspaper ad that will be run three consecutive weeks to [57:50] notify um actually I'll ask the solicitor on a zone change because we [57:56] haven't issued notice yet. Um this recommendation is occurring as a [58:00] required step but a non-notice step aside from the fact that our agenda [58:04] tells us what we're doing. It's the hearing and for a zone change where [58:08] there um it's not a zoning amendment. It's a it's a property zone change. the [58:11] solicitor might advise there is mailed notice to a butters [58:16] » if um the distinction is if it's a text change it's just advertised in the [58:22] newspaper three successive weeks 14 days you know on a series of uh notices but [58:28] if it's a map change and this would be a map change it has to be both that [58:33] advertised in the newspaper three successive weeks I believe 21 days and [58:38] also noticed uh surrounding the butt is I think within 200 ft. You may have a [58:44] greater u notice section towns sometimes have greater thing but the answer is [58:51] nobody really the abuters are not aware of this at this moment right they're [58:55] going to be aware of this at the public hearing when it goes to the council [58:59] » okay that's I just want to make sure that our applicant who's we're going to [59:04] be back in front of us on September 14th with [59:08] a extreme number of affordable or LMI units to help the town meet their guide. [59:15] 400 apartments is not going to say we didn't expect that to go right in front. [59:20] » The um the applicant is aware of this zone change. Both the applicants have [59:24] spoken. So they're both aware of you answered my question. [59:27] » Yeah. And uh and this is considered a map change. They're they're changing the [59:31] zoning map. So >> So as far as you know, there wasn't any [59:33] kicking and screaming and any objections to this. [59:36] » Um I can I can tell you that both the applicants are aware of each other's [59:40] proposals. >> Okay. Thank you. We'll leave it at that. [59:44] » I can attest to that fact as well that I'm sorry. [59:46] » I can attest to the fact there have been communication. [59:51] Okay. Uh, anyone else have any questions? [59:56] Hearing none. [1:00:00] » We're making a recommendation to the town. [1:00:03] » Just make a recommendation. We're making a recommendation of the town council [1:00:05] that they may proce or or to re to I'm sorry to to pass an ordinance that [1:00:11] reszones um that lot highlighted in yellow which [1:00:16] is where the citizens bank kiosk is in front of the old commercial plaza [1:00:22] um to business general business as opposed to planned development which [1:00:28] they have a a a right to do based on the designation of a plan development. [1:00:36] » The I mean when you ask the question, do they have a right to do it? They have a [1:00:39] right to seek a zone change. A zone change is a legislative action. The [1:00:43] council's the decision maker. There's nothing guaranteed, but um it does have [1:00:48] some logical sense in that. I don't think that the applicant envisions [1:00:53] trying to build a bank in the exact same footprint. This is really current zoning [1:00:57] locks this in place for a very limited range of options. the general business [1:01:01] is really what surrounds the area. So, we feel pretty comfortable that what [1:01:05] they could build here could be built on any other lot in the vicinity um along [1:01:10] Tyoke. So, we feel comfortable it's straightforward and we don't need the [1:01:14] PD's tool to be used for this lot moving forward. [1:01:17] » From what what I'm reading, it was originally zoned general business. [1:01:22] » Yeah. >> Prior and then was changed to plan [1:01:25] development. >> That's correct. Oh, they were going to [1:01:27] retail. >> This was at one point this property was [1:01:30] part of a larger proposal. They were had a really complex development scheme [1:01:34] largely in the back to comp to do the complex development scheme. They needed [1:01:38] a make your own zone. Then this property got carved off and now this property [1:01:42] kind of lives as a remnant of an old vision. Um and really I think this [1:01:46] property should have more optionality for the choices moving forward. [1:01:53] » Yes. >> Just wanted to mention Mr. Price asked [1:01:56] it. You actually have two votes. One, I believe, is to um [1:02:02] vote whether or not you think this proposed change is consistent with your [1:02:06] comprehensive plan. That's your statutory obligation that has to go to [1:02:10] the council. And then in addition to that, you could make a positive or [1:02:15] negative. And the normally when people when the boards find it consistent with [1:02:19] the comprehensive plan, they also make a positive recommendation, [1:02:23] » right? So they're they usually but technically they're two different [1:02:27] they're two different votes >> and it has and the change from the [1:02:32] change to general business is um not included with what the applicant [1:02:39] plans on putting on the site right now. He has to come back for that application [1:02:45] or go to >> well unless he's got it by right [1:02:48] » unless Yeah. So >> he's got something by right. He might [1:02:51] not be coming to you. >> Come back to to planning whether it's [1:02:54] » No, I disagree. I think he would go back might have to just go to building or [1:02:59] » it would be my my assumption of what's going to happen is the the what he's [1:03:03] seeking to build does not need to be incorporated into the zone change [1:03:06] because he's just doing a straight zone change to a straight zone. Um the [1:03:10] application they're conceiving I assume will end up being a minor land [1:03:13] development which is commercial square footage underneath 7500 square ft. minor [1:03:18] land developments go to TRC and they get administrative decisions, but all of TRC [1:03:22] reviews it. They all comment on it and uh this applicant uh will have to uh [1:03:28] attest to the the general business code as well as that overlay code that has [1:03:32] the aesthetic oversight. >> So So you you will have involvement. [1:03:36] » Yeah. Yeah. This application it will result in a in a formal application. um [1:03:41] TRC will review it and uh assuming it stays as a minor um planning the [1:03:46] administrative officer will decide. >> Okay. [1:03:48] » And I and then I would note with all zone changes because we've done a [1:03:52] handful of them. There are required findings. Um the you'll see in the staff [1:03:56] memo we call out towards the end the the required findings, there's two of them. [1:04:00] One is that it it is consistent with the comprehensive plan. The other required [1:04:04] finding is that it's consistent with the purposes of zoning. Um, we've made the [1:04:08] required findings and uh, it's up to the solicitor might determine that the [1:04:12] findings should get their own vote, but we've typically done it as a singular [1:04:16] vote to recommend in a certain direction to the council and acknowledge for the [1:04:22] record that you concur with the findings in the memo. If that makes sense to you. [1:04:30] » Yep. [1:04:33] » Oh, I didn't think I had that. That's why I'm asking all these questions. Can [1:04:38] I just see that? Either that or I misplaced it. [1:04:44] I'm sorry. Just give me a second. I I didn't see this um in the packet. [1:04:55] » Right. Right. Right. Right. Yeah, I got that part. Yeah. [1:05:08] might be helpful. I think the um the planner had indicated that the [1:05:13] properties also running on either side of that [1:05:18] Tyogre Avenue are all GB. >> Yeah, if you look at the map on the [1:05:22] screen, everything in gray is GB. >> No, no, I'm I'm fine. I Yep. I'm [1:05:26] familiar with that. I'm just trying to gauge as I said the the this is where [1:05:31] again there was a plaza there there were multiple stores citizens comes wants to [1:05:35] put a kiosk there they didn't even ask for access off tyio gap they got an [1:05:40] easement they were they complemented each other you had a bank in the [1:05:43] shopping center I mean that's just the way they did thing what I was trying to [1:05:46] determine from this map is if in fact there's there looks like there's legal [1:05:50] access to tyoke but the physical access is constrained by some type of [1:05:55] » that's correct there's wetland constraint there. [1:05:59] » That's where you see the wetland curls right in front of the property and then [1:06:02] it goes into a covert. It the there's a physical constraint um where they can't [1:06:07] have direct access on Tyogg and the property does have there's cross [1:06:11] easements so the property does have easement access through the larger lot. [1:06:15] Um both this has been discussed both of the two applicants are aware of it. Um [1:06:20] they're both aware of these pending actions. They're both aware of the dates [1:06:23] that they can attend each other's meetings if they wish to add comment and [1:06:27] they're both aware to comment to me. I haven't received comment negatively from [1:06:31] either of these two parties on the other application. [1:06:36] » Okay. [1:06:39] » And if whatever whatever act whatever construction they wanted to do their use [1:06:45] now they would have to demonstrate to the planning department that they have [1:06:49] permanent physical access. So, the point's well taken. [1:06:52] » Oh. Oh, they definitely do. I'm just trying to figure out again what what is [1:06:57] going on this property. I mean, M. Mr. Beards put up a number of these um lodge [1:07:04] buildings for storage. And again, we don't know exactly what's going there or [1:07:09] the dimensions, but that type of facility um he he was taking boats in [1:07:14] for the winter because it was cheaper than shrink wrapping or you got [1:07:17] landscapers coming in with trucks. and I was just trying to figure out how that [1:07:21] was going to be compatible. If he doesn't have road front andage, he's not [1:07:24] necessarily looking for retail. Um, there's probably some things that would [1:07:28] go there that would complement the apartments, but that's not our business. [1:07:31] That's that's up to the applicant. But I just want to make sure we're not doing [1:07:34] anything that facilitates something that may have a negative con consequence. But [1:07:40] the question was answered. The a butter will have an opportunity to go to the [1:07:45] town council hearing if they have any objections or want some further [1:07:48] restriction on it. So, we'll we'll let it play out. [1:07:54] That said, any anyone else have questions? If not, [1:07:59] I'll entertain a motion. >> I'll make a motion that the planning [1:08:05] board forward a positive recommendation to the town council [1:08:10] on uh the matter of the proposed zone change for AP28, lot 3.1. Um, and in [1:08:18] that I also make a motion that the planning board adopt the findings of [1:08:25] fact as laid out in the staff report. Those being that the zone changes [1:08:31] consistent with the comprehensive plan and that um it is consistent with the [1:08:38] purposes of zoning as presented in 452430. [1:08:43] » That cover it. Okay. Uh, I have a motion. Do I have a second? I have a mo [1:08:48] motion by Vice Chair Studley and me uh second by member Price. Any further [1:08:55] discussion? I know I've asked sound like a broken record, but hearing none. All [1:08:59] in favor? I. Any opposed? >> None. [1:09:03] » All set. Thank you for your time. >> I know I took a while. Okay. So, now we [1:09:10] go to 10.2. amendment to housing and land use [1:09:14] chapters of the locally adopted 2026 comprehensive plan. [1:09:20] And this is a public hearing. Um, do you want me to open the public hearing and [1:09:25] then you give opening remarks or do you want to give us some opening remarks and [1:09:28] then I'll go to public hearing? It doesn't matter. [1:09:33] » Kyle, is there anyone on Zoom? >> There are four people. [1:09:40] Um, I'll give brief remarks. Okay. Thank you. [1:09:43] » And uh I'll just uh suggest that what's in front of you are amendments to the [1:09:49] comprehensive plan that we recently adopted. Uh you may recall this board uh [1:09:56] made a favorable recommendation on the comprehensive plan. Um was that late [1:10:00] April? And uh that comprehensive plan without [1:10:06] change was adopted by the town council. Uh we've always known along the way that [1:10:11] we felt that the housing element of the the housing chapter of the comprehensive [1:10:15] plan uh could have been greatly improved and we uh achieved funding to do that. [1:10:20] It just happened that we both wanted to get our comprehensive plan over the [1:10:24] finish line for a variety of reasons not related to the housing chapter, but we [1:10:29] also wanted to take advantage of uh the resources we had to write the housing [1:10:33] chapter in a more robust way. Uh we've been able to do that. Um the full [1:10:38] comprehensive plan is still in a statewide planning comment period. [1:10:42] Essentially statewide planning approves these uh the comment uh I wouldn't say [1:10:47] it's the comment period. It's it's their fivemonth review period. Um we they're [1:10:52] very aware that we're rewriting the plan while they're currently reviewing it and [1:10:56] that they understand that we will have a fully rewritten housing chapter. Um, as [1:11:01] it relates to the housing chapter, we did have some other changes to the land [1:11:05] use chapter that included um, uh, a new buildout analysis. Um, and that included [1:11:12] some other uh, associated changes to uh, the land use chapter related to um, [1:11:18] future growth um, particularly in the future land use map categories uh, and [1:11:24] discussion of future land use map categories. So, um, long story short, it [1:11:28] is a full rewrite of the housing chapter. This was subject to public [1:11:32] input. Um, this also, um, referred to, uh, stakeholder input we had with [1:11:38] housing experts. This, uh, relied upon public input we gathered through a [1:11:43] communitywide survey. Um, we feel it's a it's a strong document. it does do what [1:11:49] we wanted, which was taking a housing chapter that we felt was um fairly [1:11:54] substandard and may not have ultimately achieved statewide planning approval [1:11:58] because at that point we had pretty uh dated uh data and information we were [1:12:03] relying on. This is updated data. It's uh policy framework that relies on our [1:12:09] current decision makers. Um we feel it's a strong document. Uh that's enough from [1:12:15] me. We can either see if there's public comments and go from there or if the [1:12:20] board has initial questions I can help answer. [1:12:24] » Make a recommendation to open it to public comment. [1:12:27] » I have a recommendation to from Mr. Price to open public hearing. I'm sorry. [1:12:33] Motion uh and a second by Mr. Kenny. All in favor? [1:12:39] » I. Any opposed? None. Okay. Public hearing is open. Is there anyone in the [1:12:46] audience that wishes to speak on the uh draft of the [1:12:52] proposed draft housing chapter for the town's comprehensive plan? [1:12:58] And I don't see anyone anyone on Zoom wants to comment on the housing chapter [1:13:03] that's proposed. It's a draft to the comprehensive plan. Please raise your [1:13:08] hand. [1:13:11] No. No, no comments. How about the board? [1:13:21] No, no. All the work done up front must be uh [1:13:27] sufficient for it to be this smooth at the end. [1:13:32] » Yeah, the chairman. I'd like to make a motion to close public hearing. [1:13:38] » Okay. I have a motion to close public hearing by member Kenny. Do I have a [1:13:41] second? I have a second by member Dude. All in favor? I [1:13:46] » Okay. Any anything else to add before we uh go to You just want to [1:13:51] » No, I'm uh I've given you everything I need. Um I would just note you've got a [1:13:56] a a planning department memorandum. There are required findings and [1:14:00] essentially you can make your motion based on that. Um we are ultimately uh [1:14:06] just forwarding a recommendation to the town council. The council will hold its [1:14:10] own hearing. We anticipate for any of those listening in or uh reviewing this [1:14:14] meeting after the fact, we anticipate that council hearing will be September [1:14:18] 22nd and that would be subject to an additional round of public notice. So, [1:14:23] you can always keep your eyes out for future council agendas and the ads, but [1:14:28] we anticipate September 22nd hearing by the council as the final step on these [1:14:33] amendments. >> Okay. And just to clarify, the state is [1:14:38] currently reviewing our comprehensive plan and this will just be supplemented [1:14:42] to that is if it passes and they will just continue with their review and [1:14:47] hopefully um we'll hear from them in some time. [1:14:51] » That's correct. >> In the future and then the lift's over. [1:14:54] Okay. Um Okay. So, you're looking for a motion to make a favorable [1:14:58] recommendation to the town council to include this uh housing chapter in the [1:15:04] comprehensive plan and to incorporate your um staff report [1:15:09] » for and for the record uh the housing chapter and edits to the land use [1:15:12] chapter as well. >> Okay. [1:15:17] I'll entertain a motion if someone chooses to make one. Mr. Mr. Chairman, [1:15:21] I'd like to make a positive recommendation to the town council for [1:15:26] the comprehensive plan update for housing and land use. Um, that is [1:15:34] consistent with our state goals as set forth in RGI 4522-3. [1:15:45] » I have a motion. Do I have a second? And yeah, [1:15:49] » I'd like to court the planning department memorandum [1:15:57] » and I have a second from member Luca. Uh, any further discussion? [1:16:03] I would just add the draft that we have in front of us tonight is dated August [1:16:06] 19th, 2026. Just to make sure there's no misunderstanding. [1:16:12] That said, all in favor? >> I do. I have any opposed? None opposed. [1:16:18] Motion carries. Thank you very much. >> Yep, we got that done. And now the next [1:16:22] thing is discussion on zoning code updates. [1:16:25] » Yeah. So, um, this one, uh, Heather, you're all set. Thank you very much. Um, [1:16:32] yep. Um, this one can take as much or as little time as we choose, although I [1:16:36] would note I'd like to give it enough time to to get some feedback from you [1:16:40] and allow our consultant to take some next steps. Jim Rearen is here uh, from [1:16:46] Weston and Samson. Um, we've done a lot of uh code work. A lot of it has been [1:16:51] with uh Ashley of Weston and Samson who's out on uh a sick leave at the [1:16:56] moment. So Jim's uh filling in. Uh these are some old MTAP projects. Uh the [1:17:03] long-standing board members will recall we've had discussions about what we [1:17:07] wanted to do with multifamily and two family. We sat around maps. We talked [1:17:12] about different concepts. Um, so and long-standing board members will also [1:17:18] recall that on January of 2024, um, we effectuated, uh, zoning code [1:17:26] changes to essentially remove every use that was allowed through a special use [1:17:31] permit in town. Um, those two issues, the idea of let's bring back multif [1:17:35] family and two family and how and where is it appropriate? That's a big [1:17:40] question. And uh the other is all these uses that we previously allowed, you're [1:17:45] seeing a big chunk of them. This is we've we've seen some come back in drips [1:17:50] and drabs. You've seen gas stations come back. Uh you saw kennels come back that [1:17:54] those individual ones came back because there were uh parties that were [1:17:57] interested in pursuing them, but what we're looking at is also broad strokes. [1:18:03] There's many uses and we're trying to sort out how do we bring them back? Um [1:18:09] and so those two big issues which are really kind of independent separate [1:18:12] issues they were independent separate um uh funding projects that we got we this [1:18:18] these consulting uh work that we gained with assistance from the state. We're [1:18:22] trying to wrap it all up by the end of this calendar year. Really that's the [1:18:26] target is we have to close these projects before uh December 31st. Um, we [1:18:32] envision that these two items, the multifamily and bringing back the uses [1:18:36] previously allowed through special use permit, they're uh something that we can [1:18:41] uh have conversations over the next um three up to three planning commission [1:18:47] meetings. So, we've got time tonight and then we're going to set a little bit of [1:18:50] time in our September meeting and set a little bit of time in our October [1:18:55] meeting. The consultant's goal is to get enough feedback from you tonight so that [1:18:59] they can start putting pen to paper and drafting code that you might be able to [1:19:03] see. Um, you also might say, "I have uh some questions. I maybe want to see some [1:19:08] research done in a certain area." Well, they might be able to do that research [1:19:11] and come back with answers to those questions at the next meeting. with the [1:19:15] idea by the end of this we hope to have draft code that we're fairly satisfied [1:19:20] with on our level that we can consider then moving forward in a formal sense [1:19:25] with uh the town council and and putting the the the code into a formal ordinance [1:19:30] format. So that's probably enough from me to start. Um, I do think that, you [1:19:37] know, those of you who have, you know, these are big packets, so I don't know, [1:19:41] you know, you may have only had a chance to skim some of these. I think out of [1:19:46] the two discussions, um, either the multif family, two family [1:19:50] being one of them, the special use permit uses being the other. I'd [1:19:54] recommend we start with the multifamily. Um, [1:19:59] and the the the very brief memo that we have, it's a [1:20:04] three-page memo. Um, it outlines the basic concepts that the planning [1:20:11] commission has established with what it wants to see. I'm going to say that we [1:20:17] understand that the planning commission wants to consider reallowing these uses. [1:20:23] There was always the intent that we would make sure that somehow multif [1:20:26] family and and two families would come back. There's been a strong concern [1:20:30] about um allowing those in any way, shape or form that would increase uh the [1:20:37] baseline density that could be achieved on a parcel if we and I think a lot of [1:20:41] the rationale for that has been we all have seen many comprehensive permits. [1:20:45] It's a predominant development tool in the state. If we do any underlying [1:20:49] zoning changes that allow someone to achieve greater numbers of units through [1:20:53] underlying zoning, a comprehensive permit can build on top of that and get [1:20:57] a greater outcome by adding the state density to our underlying zoning. So, [1:21:01] we've held a policy that we've kind of called even Steven, which is let's allow [1:21:05] the uses, but let's ensure that our zoning um does not increase the ability [1:21:10] to create more units than the underlying zoning currently does. that can be a [1:21:15] little limiting and restrictive, but I understand that we're taking a [1:21:19] conservative posture uh to really make sure that comprehensive permits don't [1:21:23] get additional units from what they already are allowed to seek. Um so that [1:21:28] even Stephen is a basic component of all this. There's other components you've [1:21:32] talked about. You you didn't love the concept of multifamily coming in big [1:21:36] buildings. You like the idea that you could allow the use but do it in in in [1:21:40] multiple smaller buildings instead of one big one. And uh one very open-ended [1:21:46] question was what do we want to do for multif family or two family in our [1:21:50] commercial zones? We don't currently allow residential at all in our [1:21:55] commercial zones, but we're seeing a lot of interest in developing commercial in [1:22:00] our or I'm sorry, developing residential in our commercial. You're seeing it with [1:22:03] the comprehensive permits. You're seeing comprehensive permits take place in our [1:22:08] uh commercial districts. You're seeing the business park which has all of the [1:22:11] receiverhip parcels. It does turn out that our commercial zones are receiving [1:22:16] a lot of interest and a lot of units but there's not a underlying byright um [1:22:22] codified way for people to do it. So while we think about how we allow these [1:22:26] uses in our perhaps the R20 our densest residential we should be thinking about [1:22:30] what do we want to do in our commercial districts and our industrial districts [1:22:34] as well. So I'll leave it there. The goal tonight is to get your feedback. Uh [1:22:39] if you review the memo and you review the bullets at the top of page two, [1:22:44] which really calls out those kind of basic parameters that this board had [1:22:48] established, probably a year to a year and a half ago is the last time we ever [1:22:52] discussed this. Uh if you feel good about those basic parameters, if you [1:22:56] want to add context, if you don't feel good about them, that's what we want to [1:23:01] hear from you. [1:23:10] So [1:23:13] limiting the maximum number of dwelling units within an individual multif family [1:23:17] to six that excludes like compliments, right? I mean cuz I'm [1:23:24] I'm not opposed to apartment buildings as long as they're cited in the right [1:23:27] spot. >> Fair enough. Yeah, we um this all of [1:23:31] this is the assumption is that um it does exclude comp permits. A comp permit [1:23:36] is allowed to essentially not follow zoning. This is our choice to make a [1:23:42] compelling code that someone that wanted to do multif family would have a choice [1:23:46] in our underlying code. We felt and I think this was specifically thinking [1:23:51] about R20. Let's just say there's a 10 acre lot in the R20 zone. There's not [1:23:57] many, but there are a few here and there. Uh, underlying zoning would [1:24:00] suggest you could get 20 units out of that lot. Um, the concept is the board [1:24:06] felt if we're in an R20, it's largely going to be surrounded by single family. [1:24:11] The board felt more comfortable if you're going to give 20 units, let's do [1:24:16] three smaller buildings of six units and make it more townhouse oriented than one [1:24:20] big building of 20 units. That was previous context and feedback. The board [1:24:27] may feel differently now. You may feel like, "No, I'm open to having a 20 unit [1:24:32] in one building larger scale apartment complex." Um, we're looking for your [1:24:37] feedback if that's >> it. It's hard for a one-sizefits-all. I [1:24:42] do not have any objection to a high-rise apartment [1:24:47] building three or four stories. I mean, they're going in. They they have them in [1:24:53] other cities and towns. We're seeing them get developed. They got nice [1:24:56] facade. Sometimes they have a a meeting space. There's a demand for that type. [1:25:01] And and in fact, if you head towards West Warick on the right hand side, [1:25:04] there's an apartment building in the back. And then they've got a few elderly [1:25:07] highrises in West Warick. And then here, we don't really have that I can think of [1:25:13] any high-rise structures. Um, so that's my point, but I don't want to [1:25:21] say, oh, it's going to be allowed in the R20 zone because, as you just said, [1:25:24] somebody may have 10 acres in the middle of two different residential plats where [1:25:27] it's predominantly surrounded by single family, not a good fit. And someone [1:25:31] might come in and say, it doesn't really matter. I can fit it in there. Whereas, [1:25:34] if it's got its own access, let's say off a um a major artery road, and you [1:25:40] just got to go in and it opens up, and there's, you [clears throat] know, [1:25:43] there's not a lot of abuing properties. it can be screened properly and it might [1:25:48] work. So, how do you do they still have an option to come in for some type of [1:25:53] variance or other um that was would be how it would have to might have to go to [1:25:58] the town council or get a a PUD or something like that. So, as long as [1:26:02] there's a mechanism, I just don't want to [1:26:05] » close the door on those types of things. No, I think that you wouldn't. It is [1:26:09] true that you could create code that anybody can seek a variance from and [1:26:14] then ultimately you are the decision maker on variances as it would be [1:26:18] related to multif family projects >> because as we said and I'm sorry the [1:26:22] reason I we talked about the compliments but there could be a time when we don't [1:26:27] have to consider compromise anymore because we met our housing goal [1:26:30] » that and they won't become right and then they can't come in on that. So now [1:26:33] what mechanism do they have? If somebody wants to put up an apartment complex and [1:26:38] there's actually a demand for it and it's a good fit, they can come in and [1:26:43] they just got to dot the eyes, go for the right changes [1:26:47] and either reszone the lot or something like that. [1:26:50] » Yeah. Um so I mean what we're considering I think the the probably the [1:26:54] biggest challenge is how would we want to handle this in the R20? I do think to [1:26:57] be honest I get a sense the board might be open to these uses in the commercial [1:27:02] districts but the challenge is how do we want to handle it when we know that the [1:27:07] large context around it would be our single family neighborhoods and if we [1:27:11] find a solution we're happy with there it probably looks easier to then turn to [1:27:15] our commercial and say what are we comfortable with there as comparison I [1:27:20] think you look at it as a 10acre parcel you could do 20 single family houses [1:27:24] there so we would say even Stephen you're allowed to do 20 multif family [1:27:28] units. The thought is, okay, you might say, I'm comfortable with that as long [1:27:34] as you give me uh you you you you site it on the right [1:27:38] area of the lot. And that's one of the tenants we talked about. If you want to [1:27:41] do multif family, there might be a minimum distance to the nearest single [1:27:44] family. So, you're not putting the the multifamily, you know, right on one side [1:27:49] of the property or the other. You put it in a way that is separate from the [1:27:53] existing single family. Um, we've talked about a number of different things where [1:27:57] people were, you know, maybe you would be comfortable with small buildings, a [1:28:02] series of like, let's say it's three buildings with six units each. It looks [1:28:05] more like town houses. You might say, "Hey, someone has a great concept to do [1:28:10] something different." We can consider it through a variance. If someone has a [1:28:13] site that's just perfect for uh a bigger building, you can look at it through a [1:28:18] variance. Now, to me, it's really about establishing what's the baseline code [1:28:23] that you would accept on every lot in R20. And if you start to get to a point [1:28:29] where I don't know if I'd want this kind of approach on every lot in R20, then [1:28:34] you need to think through why not and is there code we can write to protect from [1:28:39] that negative outcome of why did I not want this use on that kind of setting. [1:28:44] So, I know we've talked about um the even Steven approach on density. We've [1:28:48] talked about um making sure the buildings themselves don't have more [1:28:53] than a certain number of units. We've talked about uh maybe a minimum [1:28:57] separation distance to the nearest single family dwelling. Um we've talked [1:29:00] about maybe landscape buffers. Uh these are the concepts we've talked about kind [1:29:05] of developing the most comfort around the use. Um, you guys tell me if there's [1:29:10] something that you feel like, hey, I'm not hearing this and I want to hear this [1:29:14] kind of protection or if you're like, I don't think we need that protection [1:29:18] anymore. >> Okay, [1:29:22] I got it. Now, [clears throat] this doesn't preclude other avenues. This is [1:29:26] kind of like this is what we're going to write into the code to allow these uses [1:29:30] kind of expand the use, but not over the top. They want to go top, they got to [1:29:35] come back. >> Yeah. Yeah. What one way to think about [1:29:37] it is if someone if someone didn't want to do a comp permit, they they wanted an [1:29:42] ability to maybe do a a multif family by rate. We don't have that now. The option [1:29:47] is a use variance. And as you guys may know, use variances aren't a tool you [1:29:51] use for for heady complex applications. If we allow the use, they can come in [1:29:57] and if they give you dimensional variances, you can consider them on a [1:30:01] discretional basis. But at right now, there's really not an opportunity for [1:30:05] someone to offer us a multif family without using the comp permit tool. So, [1:30:10] we're our code is currently communicating to the world if you want [1:30:15] to do multif family and we're seeing it. We're seeing it on Tyog, we're seeing it [1:30:18] in Center of New England. We're communicating use the comp permit tool. [1:30:24] If we want to make a compelling argument that's not the only tool out there, then [1:30:27] we need to put something in our zoning that says here's another option. [1:30:31] » Yeah. >> Yeah. and and this would not require [1:30:33] affordables. Um there are communities that do very complex uh arrangements [1:30:38] where you can achieve affordables through underlying zoning and maybe you [1:30:42] you get you get density for in exchange for affordables. I recommend right now [1:30:47] if you want to stay even Steven, you're probably not toying with different [1:30:51] metrics for density bonuses for, you know, giving affordables and the [1:30:54] underlying. Um I' I'd recommend looking at, you know, what would you allow by [1:30:59] right um without toying with uh too many complex situations, but trying to give [1:31:05] people alternatives to the comp permit for these uses. [1:31:12] Anybody [1:31:18] else have any thoughts? So, it sounds like you took this feedback, put pen to [1:31:22] paper, and you're wondering if you left anything out that should be a [1:31:25] consideration for at this juncture u multif family dwellings in the R20 zone [1:31:31] and then you're going to move on now to commercial and industrial. [1:31:34] » Yeah. And so I think one question would be if the board feels comfortable with [1:31:37] those bullets on the top of page two that seems to be wraps up what you [1:31:43] currently still feel are appropriate. Um Jim the consultant can take that [1:31:47] feedback and say I can start to think about how we would draft code that [1:31:51] follows the tenants of those bullets. Um I think that's a that's a good place to [1:31:56] start >> because it gives us a baseline but [1:32:00] allows some wiggle room for an applicant. Yep. [1:32:04] » It allows the board wiggle room to say yay or nay or what we want to see and [1:32:11] » y [1:32:15] » maybe to put it in perspective rather than second guess what we want to see [1:32:19] before he puts pen to paper this is just going to be the framework for it unlike [1:32:24] the the kennels for example >> this is this is giving you a chance to [1:32:28] see the approach before we put pen to paper. [1:32:31] » Yep. And if this approach looks reasonable, then um the next meeting, [1:32:37] I'll put Jim into the the spot, but I assume by the next meeting, Jim might be [1:32:41] able to help produce code that would specify and effectuate what you're [1:32:46] seeing here. Those that code we can still toy with. Uh Doug, I don't I feel [1:32:50] like the separation distance needs to be a little different or we need to have a [1:32:53] gradation. If the project is seeking 20 units, we need a bigger separation [1:32:57] distance than if they're seeking three, >> right? Um, and then we can toy with [1:33:00] those metrics, those numbers, but he could give us code to actually start to [1:33:06] see those. And as they do their work, you know, there's they may stumble upon [1:33:11] ideas and offer us, here's the base code you want. You might want to consider [1:33:15] these other provisions that other communities have. Uh, they're going to [1:33:18] offer us their best guidance on as we enter this. Here's a range of options [1:33:23] and maybe here's some things you didn't think about, but we should have in there [1:33:25] as well. You know, we don't talk about parking [1:33:29] arrangement. It might be that we feel like strongly that we want to be [1:33:32] thoughtful on the parking also needs a separation distance from nearby [1:33:37] properties. If I live near a multifamily, a larger scale multif [1:33:41] family, I might be concerned with the lighting in the parking area just as [1:33:45] much as I'd be concerned with the buildings themselves. Um little nuances [1:33:49] like that that you know when we put pen to paper you'll start to consider if [1:33:54] this code feels appropriate and if it's something that you would be willing to [1:33:58] consider. Every project has a by right choice to [1:34:03] » and I don't mind being put put on the spot Doug. I think uh so far be able to [1:34:08] deliver that. >> Thanks Jim. You [1:34:09] » tell Jim that's Friday though. Uh yeah yeah yeah. No that's all right. [1:34:14] » It's going to be a less well thoughtout draft than [1:34:18] Just wondering if um the the consultant has any [1:34:24] empirical examples from other communities that they worked on about [1:34:29] this exact issue and what they thought worked or didn't work or were problems. [1:34:35] » Now you're Yeah. Yeah. Now I'm on the spot. So this [1:34:39] » I'm just It's interesting because we were talking about these are the tenants [1:34:43] and my question is is this being done anywhere else? There's 39 other cities [1:34:46] and towns. Have you done it? Has it worked or has it failed? That that would [1:34:51] be my question. >> So, [1:34:53] » not that I'm I'm not the board, but >> yeah. [1:34:58] Do do you want me to uh address that? Yeah. So, yeah, sure. If you guys would [1:35:02] like me to, I'm happy to. So, uh working backwards as far as like how well an [1:35:07] approach might this uh an approach like this might have worked so far. Um, it [1:35:12] would be pretty hard to tell because this is, you know, relatively new [1:35:16] regulation, uh, and it hasn't had a lot of chance out there in the ecosystem to [1:35:21] see how it flies. Um, uh, as far as, but really getting to your original [1:35:28] question, which was, you know, have we seen this approach someplace else or [1:35:32] have we seen a community do this approach someplace else? Um, I'm not [1:35:36] aware of one immediately. We do a little research and see if we can find one. [1:35:44] But I do know in the town of Jamestown, they allow um duplexes, multifamily [1:35:52] duplexes on an R20 lot, which normally would be a single family [1:35:58] lot in Jamestown. And now is is it >> they definitely do. [1:36:02] » Yeah. >> So I don't know if we're you keep on [1:36:05] talking about 10 acres. Is there a distinction between an [1:36:09] individual lot versus a 10 acre? [1:36:13] » Well, I I think the feedback that Doug got was that if it's in the R20 zone, [1:36:18] they wanted to say, well, then you need 20,000 square ft per unit, whereas [1:36:23] Jamestown has said the R20 zone is big enough for two units if someone wants to [1:36:30] build it and they just by right could put it a multif family. Coventry used to [1:36:35] have and I I forgot maybe it got wiped out. It was a special use permit in the [1:36:40] R20 zone. You could put a two family if you had the additional road frontage. [1:36:46] It's like 120 ft required for a multif family. If you had 175 [1:36:53] feet of road frontage in the R20 zone, you could ask for a special use permit. [1:36:58] But then we threw the special use permits out. So now we're back to well [1:37:02] how do we allow multifamilies in the R20 zone and his and it looks like the [1:37:06] direction we're going in based on the feedback was well you still have to have [1:37:11] the underlying 20,000 ft. Now nothing would stop someone from coming in and [1:37:15] saying hey I only have 30,000 square ft but I still have this much road [1:37:20] frontage. It's a good fit. There's another multif family down the street. I [1:37:23] want to put a multif family. Then they got to get a they got to get a variance [1:37:27] which means you know they got to go through jump through the hoops. [1:37:30] » Yep. >> So and I mean there's a range of other [1:37:33] choices we have that we haven't discussed. I mean one is that there [1:37:37] might you guys may feel as though after you start to see some of the code not [1:37:41] all areas of the R20 are equal. You may say I feel that this is appropriate to [1:37:45] do as an overlay. There are certain areas of the R20 that we want to allow [1:37:49] this use and there's certain areas we don't. Um, we've talked about overlays. [1:37:54] When we actually started the conversation about multif family, we [1:37:57] started with overlays, but the board found it even harder to start to circle [1:38:01] areas on the map that they felt were more appropriate than others because [1:38:05] everything became so case-pecific, sight dependent. And this big blob, there [1:38:10] could be a great site for it, uh, or a poor site for it. We'd want to be able [1:38:14] to see the case by case on on this blob over here. Same situation. There's [1:38:18] certainly areas of of of Coventry that have more multis or twos and so the idea [1:38:23] is it might be more appropriate where there tend to be more multis and twos [1:38:27] and our older areas of town that are tend to be denser. Um but Coventry [1:38:32] doesn't have what many communities have which is like a village center where [1:38:35] everyone kind of builds around a a more dense village center. We do have some [1:38:39] great mill villages that offer a bit of that, but there's a lot of the community [1:38:43] that's just through the ages has been built in different um densities, but a [1:38:48] lot of it still remains predominantly single family. So, the idea is it's [1:38:52] still a valuable tool. It was allowed by special use permit, both twos and and [1:38:56] multis. We still think we want to have a right an ability for that th those uses [1:39:01] to be achieved and it's just finding the right mix. So, if the board is ideas of [1:39:07] overlay sounds like a great idea, I immediately have things that come to [1:39:10] mind. Um, we're open to that, but that was even more challenging than creating [1:39:15] the framework we have now, which is this is where an approach that could be [1:39:19] appropriate in a range of different options and styles that depends on how [1:39:22] big the units are, how big the project is. That might, you know, almost old [1:39:27] neighborhood, new neighborhood, less dense, more dense. the board was more [1:39:31] focused on if you give me a great site with enough separation from the nearest [1:39:35] single family, I'd be pretty comfortable. And we kind of landed there [1:39:38] as opposed to overlay or a floating zone. A floating zone might be one where [1:39:42] if you want multif family, you got to change the zone to say on this property, [1:39:46] we're going to allow multif family in addition to all the other R20 uses. So, [1:39:50] there's a range of tools, but these this seemed to be the direction the board [1:39:54] last left us with, which let's look at R20 as a whole. [1:40:00] No, go ahead. >> We have very limited sewer access in [1:40:05] town, like only 700 residents, right? >> Is water equally? Um, there's pretty [1:40:12] much I think city water in all of the R20 zone and then I think it starts to [1:40:18] stretch out. They just didn't run the piping. It was too too expensive. And [1:40:22] that's a good point. And I was thinking that [1:40:25] » to the site I think a big impact >> and and that some of that's in the code [1:40:30] now even for single family if you if you don't have city water and [1:40:35] if you don't have city water the amount of land area you need to build is [1:40:39] greater. Um I think right it's not even in the [1:40:43] R20 zone it's like you need more land than 20,000 square feet or something to [1:40:48] put up a single family house. Uh, if you don't have water in the R20, the minimum [1:40:53] lot size jumps to an acre. So, essentially cuts your density in half if [1:40:56] you don't have water. I think you're correct. The majority of R20 does have [1:40:59] water. John Studley might be able to off the top say if that sounds correct to [1:41:03] him. >> Yeah, that's correct. And in some [1:41:05] portions of the R2, but then it cuts off pretty much at Reed Schoolhouse. And [1:41:08] there's some portions in the R20 where they didn't they didn't run the the [1:41:12] piping because of the you know it's going to be a loop system and Kent [1:41:16] County won't even allow you to put city water in. But um but what I was getting [1:41:21] at too though and this is just food for thought you know when you really come [1:41:23] right down to it 20,000 square feet for a single family dwelling that's the [1:41:27] zoning that's still a lot of land. people that don't want to maintain large [1:41:31] yards. Now, I mean, fif 10,000 could be a little short because if you have a [1:41:34] house and you got a few kids and before you know, you got two, three cars and [1:41:37] there's not enough room for a large driveway, a goodiz house, and then, you [1:41:41] know, ample space around it. But 15,000 for each unit in a in a multif family, I [1:41:49] mean, that's 30,000 square ft for a two family, 45,000 ft for a three family, [1:41:54] that would probably be sufficient. I don't know that 20,000 [1:41:58] would even be necessary if the idea is to, you know, put two houses together. [1:42:04] » I mean, I I'll be honest. If there was a way to draft the code that was um [1:42:08] protected against a comp permit, we would probably be talking about wanting [1:42:12] to make this a little more attractive in terms of achieving a byite density, [1:42:17] » right? because they'll come in with a comp if you went to 15,000 and next [1:42:20] thing you know you're going to have >> I've talked with the state and the state [1:42:23] lawmakers uh or the state uh administrators understand this [1:42:27] challenge. We want to write a compelling alternative to a comprehensive permit. [1:42:31] The more compelling we make it, the more it aids a comprehensive permit to get [1:42:35] more density. >> Yeah, I got If there was like a magic [1:42:37] word where you could say this multifamily is allowed through [1:42:42] uh exclusive zoning and we use the word exclusive zoning and state law says once [1:42:46] you use that word this tool can only be used and it can't be used with a comp [1:42:49] permit. The truth is that doesn't exist. A comp permit can come on top of [1:42:53] whatever your zoning says and says we get what you told us we could get and we [1:42:57] get our bonus and there's no way to draft zoning to preclude that. If there [1:43:04] was, I'd be guiding you guys to say, "Let's talk about increasing density [1:43:08] from the baseline because let's make it more compelling and attractive. Someone [1:43:11] might choose this over a comp permit." Unfortunately, we are still kind of [1:43:16] stuck at a in a point where the comp permit is a dominant tool and it's very [1:43:22] difficult to do what you suggested, which is let's start to look at this as [1:43:25] maybe we can do multif family and 1500 square foot per unit. I mean, what we're [1:43:29] really doing is we're opening to the door to criticism that a comp permit [1:43:32] comes in and and takes advantage of that. [1:43:34] » What stops someone now from coming in on a 20,000 foot lot to say, "Hey, guess [1:43:39] what? I'm going to build a single family house right here and I'm going to put an [1:43:42] ADU right behind it." >> Nothing. [1:43:45] » So, you could have two you can have two units on one,000. [1:43:49] » The only thing we have to protect ADU has to be small. [1:43:52] » Has to be smaller than Yep. Yep. >> Yep. Yeah. Interesting. So, [1:43:58] no. So, does uh I at least I think I'll leave it with on the R20, [1:44:03] does the feedback that you see in the bullets uh still feel like that's that [1:44:08] represents what you'd like to see a first draft of code on? Is there any [1:44:10] other ideas that you think we should be including in this? [1:44:17] » Anybody? >> Works for me. [1:44:20] » Yeah, I think it's I think it's a good framework. Yeah. [1:44:22] » Great. Um, now before we leave the concept of multif family, two family, I [1:44:28] want your quick reactions. We haven't discussed it in our commercial zones. [1:44:32] Let's talk about the GB because on Tyogg, it's an area where we see a mix [1:44:36] of housing in and amongst the the commercial. We're seeing a massive [1:44:41] housing proposal on Tyogg. Um, that's using the comp permit. I think there [1:44:46] there's some desire to do housing and particularly multifamily housing in that [1:44:51] Tyog corridor. There's not an underlying zone right [1:44:55] now. A comp permit comes in and says we're doing our density bonus on top of [1:44:59] zero. We allow no residential units. However, if we did a baseline zoning, [1:45:04] we're naturally going to if we allow multif family, we're naturally allowing [1:45:07] some underlying zoning. I also don't think if we allow multif family at two [1:45:13] units per acre at Tyog and someone comes in at a comp permit, we're probably [1:45:17] still not wildly different than um an approach we might find acceptable. You [1:45:22] know, let's say, you know, seven units per acre that might not feel wildly [1:45:26] dense on Tyogg. Um I do think that the consideration is I'd like to offer the [1:45:32] use of multifamily and two family in our commercial zones. we naturally have to [1:45:38] then increase underlying zoning and what's a density you think is [1:45:41] appropriate to start would it be equal to our R20 and would we allow like the [1:45:47] idea that if you can build something that dense in an R20 should we allow [1:45:50] them to build that dense in the commercial my thought is you know there [1:45:54] seems to be a desire the market is is saying that they want housing um my [1:45:58] thought is we could start there as a conversation point does using this range [1:46:02] of tools um but allowing it at two units per acre feel right is that would You [1:46:06] say less or more [1:46:23] kind of along the same lines that we're doing for the R20 establishing that same [1:46:27] framework. >> It'd be the same framework. Yeah. I [1:46:30] mean, some might argue that in a commercial zone, maybe we can uh lessen [1:46:34] the degree of a separation distance if, you know, if someone could build a a big [1:46:39] commercial operation, all the residents around it understand it. Um, would there [1:46:44] be a would there be a need to have such a great separation distance from, let's [1:46:48] just say we allow a multifamily, let's just say it's 10 units, let's say it's [1:46:53] two buildings of five. Would it need the same separation distance to single [1:46:57] family than that same project would have if it was in the middle of a [1:46:59] neighborhood? We'd probably say no. So maybe you look at it and there's some of [1:47:04] these bullets on the top of page two that you feel that you can soften a bit [1:47:07] on, but it could still be the same general framework. Um, you also might [1:47:12] feel that when you get on TIO, you don't need to limit the number of units in a [1:47:16] building. You might feel more comfortable saying, "Listen, if they [1:47:19] have a 10acre lot and we allow two units per acre and they can do 20, I'm happier [1:47:23] to see it in one building on Tyog." It might be that that setting on in the [1:47:28] commercial district, uh, you feel different about the scale and the [1:47:32] massing of the building. >> It would, but I would want to make sure [1:47:34] that the setbacks and the distances are still, if there's a budding single [1:47:39] family, they still have to adhere to that. [1:47:42] » Greening and everything else that goes along with [1:47:45] » Yeah. the general business. I mean, there's a big difference between an [1:47:47] apartment complex and the general business zone and a budding neighborhood [1:47:51] than a two family in a residential neighborhood. [1:47:55] » I think one big reason why you might see projects in our commercial zones um more [1:48:00] uh readily um approached by developers is that's [1:48:04] where our sewer infrastructure is. I mean, even if someone was to approach a [1:48:08] multif family in a R20, they're probably looking to see what they can do in and [1:48:12] around Tyog or Sandy Bottom because that's where the sewer exists now. [1:48:15] » Well, the reality is you can get a greater return on your investment and [1:48:18] your capitalization rates greater now on residential than it is in you just can't [1:48:23] rent the space out. >> So, so if the idea is that hey, you [1:48:26] know, people would want to bring this used to where the sewer is, you know, [1:48:28] sewer finds itself in our commercial districts. So, um, someone that let's [1:48:33] say they were looking at the town without a zoning map in their hand, they [1:48:36] naturally might say, "I want to land this use in along Tyog or along center [1:48:41] of New England or in these other areas that are already zoned commercial." So, [1:48:46] I think um there's a debalance. Some people might argue why don't allow [1:48:50] housing in our commercial zones. That's for our tax base. That should be for [1:48:53] commercial uses only. We are living through an era where there's a high [1:48:57] demand for housing. Um Rhode Island is still generally undersupplied with [1:49:01] housing units. Um that's where the market has so much attention. That's why [1:49:05] we're seeing uh you know 400 units on Tyog instead of that property be brought [1:49:09] for a future commercial use. Um I think that uh there's value in looking at you [1:49:15] know adding this and I think it's just a matter of what's the right volume and [1:49:20] density to start as an underlying zone for this use in the commercial district. [1:49:31] Uh yeah, I mean there's a situation where anything could happen, right? Um [1:49:35] we're a community that is uh seeing incredible housing growth in a short [1:49:40] amount of time. I mean the amount of proposals we've seen and since I've been [1:49:44] here in 3 years, it is incredible. A lot of it is the receiverhip. There were [1:49:48] properties that were pent up and had development potential that are just [1:49:52] coming out of a a a legal situation. So, they're coming back into uh [1:49:58] applications, but we're seeing a lot of comprehensive permits. We're seeing a [1:50:02] lot of other projects and it is generally primarily residential is what [1:50:07] we're seeing. Um, so >> we have access to 95 and three different [1:50:12] locations. Plus, you can go the other direction between 117 and and get to [1:50:18] route two and Wick. So, and we have the largest land area. So, I think there's [1:50:22] always been a demand for residential in in Coventry just because of its location [1:50:28] and um you know again available water and some of the other resources. But I I [1:50:35] just wanted to what right now is zone business park. [1:50:39] » That's the center of New England region. >> That's it. [1:50:43] So, okay. And after these housing developments, it's pretty much built out [1:50:48] » largely. There would still be a handful of parcels that um could be developed. [1:50:55] And I'm thinking long-term in terms of redevelopment potential. So, you're [1:50:58] right. I mean, a lot of center in New England, the vacant parcels are the [1:51:01] receiverhip parcels. Um those receiverhip parcels were getting [1:51:05] residential and dense residential largely because they're the receiverhip [1:51:09] uh gave them a froze zoning in place from uh like the year 2000 or so. And [1:51:14] that zoning allowed residential without a maximum number of units. Um that's [1:51:19] also where we have sewer. It's where the sites are largely predisturbed. So to [1:51:23] » some point I was trying to make is I don't know that I want any more [1:51:25] residential development there if we could stop it. Well, then I would say if [1:51:29] you're not interested in more residential at the at the center New [1:51:32] England region, then don't allow residential in the business park. [1:51:35] » But by the same token, if they're interior parcels that are left, and now [1:51:38] we've got residential all the way around it. There's really no other viable use [1:51:42] except residential. >> If we looked at it, we could probably [1:51:45] find nonreceverhip parcels. There's probably few and far between, but [1:51:50] probably a few developable non-receiverhip parcels or they're [1:51:53] extremely underutilized. there uh a parcel that might have a small office [1:51:58] building on it but still largely available. Some of those parcels might [1:52:02] get taken for redevelopment. Um so there is still some opportunity [1:52:07] » but if they're amongst the the retail uses or the hotels or the other things [1:52:11] and they're right off center New England Boulevard and they're not up in the [1:52:14] foothills like these last ones, I think we should leave them there for [1:52:19] commercial development. >> That's fair. So I think [1:52:22] » but you've got all these the thing we we're losing sight of is all these [1:52:26] residential properties are currently being built out now when the residents [1:52:31] are there with their disposable income. There's going to be a need for [1:52:36] commercial properties and commercial development to fill that void. You're [1:52:39] going to see these vacant storefronts get built out. And center New England [1:52:43] that's it's the perfect opportunity. I mean, we've seen things go in there just [1:52:46] within the last year, and I think it's because they know there's a vast number [1:52:50] of residential properties that are coming online in there with access [1:52:54] through Center New England now, whereas before they may only go off of Hopkins [1:52:58] Hill Road. So, there's there's a demand. Um, and if not, there's a is highway [1:53:03] it's highway business as well. So I I think the I personally don't think if if [1:53:09] we need we need not put residential in the business park at this point. [1:53:14] » I think that's a good point. I we're getting a ton of residential there. I [1:53:19] sometimes I think that zoning allows doors to be open and if the all of the [1:53:23] housing is built and 10 years from now someone's saying what's the next highest [1:53:26] and best use if it's still housing part of me thinks well we should be open to [1:53:30] that concept. But I think you're right. If we were going to get more commercial, [1:53:34] the commercial wants to be near the dense housing and you would want to make [1:53:38] sure that whatever available lots are there still can achieve and be primarily [1:53:43] geared for commercial. Um, so it's not a bad point on the business park [1:53:48] » and and industrial one, just so I know, that's pretty much Reservoir Road [1:53:54] somewhere in the back and over here off of Industrial Lane. It's yeah, it's it's [1:53:59] stuff off Flat River and Reservoir, but there's also a very big chunk of [1:54:03] industrial one up in the north eastern corner of the community around some of [1:54:08] the mill areas. There's some chunks of industrial up there. Yeah. Harris. Yeah. [1:54:12] And then um >> that's industrial up near um what is the [1:54:17] name of that big mill that like is split by the Cranston line? Um [1:54:20] » Arrate. Yeah. [1:54:22] » So that there's industrial up there. Um, we do tend to see a lot of housing in [1:54:27] and around our industrial. The industrial tends to almost look a little [1:54:30] bit patchwork at times where there's housing and industrial in zones near [1:54:34] each other. We actually have industrial zones in center of New England. Um, some [1:54:38] of those parcels where uh I don't think Cumbies is on one, but [1:54:43] like some of those parcels in and around. [1:54:45] » Yeah, it was they reszone Cummies to land unit development or something to [1:54:48] get that in there with the gas station. Yeah. Yeah. Okay. No. So, I'm so So, so [1:54:53] I Yeah. question over [clears throat] [1:54:59] » it could be. So another idea is that if you want to allow the use in commercial [1:55:04] you guys might say so here's one good question to test that would you guys say [1:55:08] multifamily is equally appropriate in all areas of sandy bottom tyog and [1:55:14] neneck hill road or if you'd say no some of these areas lend themselves more [1:55:19] neneck hill road that's our general business zone if your answer is no some [1:55:24] of these areas are very appropriate some of them are not then we could do allow [1:55:30] the use in the commercial zone but do it through an overlay. So it's sections of [1:55:34] the commercial. Um so obviously GB is one zone and that's that zone. It's [1:55:39] that's Sandy Bottom, that's Tyog, that's Newick Hill Road. Uh we could say [1:55:44] portions of that zone are handled through an overlay. Um I'm open [1:55:51] » overlay zone give you some ability to notify [1:55:57] um residents or mandate notification to residents in the residential units [1:56:05] about the potential activities that occur around them. [1:56:09] » Yeah. I mean, the town is always able to do voluntary notice, but I think the [1:56:14] difference between an overlay zone and a non-overlay zone is probably a [1:56:20] difference between a map change and a text change that you were just [1:56:22] discussing. However, if the town feels like, you know what, we want to give a [1:56:26] lot of notice, but we don't think overlay is the right tool, well, we can [1:56:30] give notice. Uh, we can overnotice uh a text change. And I this is the kind of [1:56:36] change you you would assume. The town wants to really have its act together. [1:56:40] We want to know that this is a good idea. You guys are the the the land use [1:56:44] board of this community. So we really want to make sure you're comfortable. [1:56:47] But even after you're comfortable, you would say, Doug, let's overnotice the [1:56:51] hearings. Let's make sure that everyone that lives within two, you know, 200 [1:56:56] feet of the entire GB zone. And that might be a pretty penny. That might be a [1:57:00] multi,000 mailing effort. But Doug, if we're going to do this, let's do that. [1:57:04] Let's do that kind of mailing effort. We have that option. The the notice and the [1:57:08] process is something that I think we can figure out. I think first and foremost, [1:57:12] we want to make sure that we feel good about the direction we're headed. Um, [1:57:16] you know, and >> but Doug, also, and I don't know if this [1:57:19] will factor in it. I'm just because this is what the board deals with. The people [1:57:24] that go into the residential zone don't know what's going to happen next door. [1:57:28] and next thing you know it's a GB zone and a commercial use occurs with [1:57:34] lighting and noise and trucks and all of a sudden those people who are happy [1:57:38] campers in that residential property are now down your backs and down I'm just I [1:57:44] don't know how we deal with that. That's why I was thinking about some sort of if [1:57:49] you're going to allow it in that area, those people that are going to be, you [1:57:53] know, you put the obligation on that developer that they have to notify [1:57:58] anybody who's going to be a resident in that building. What's what not just [1:58:03] what's there that this is all a general business zone. Here's the list. You're [1:58:08] saying notice the people that move in after the project's built because hey, [1:58:12] you're in the general business zone and you don't realize this vacant lot next [1:58:16] door now that could be a market because we've had so much residential [1:58:20] development there's a demand and right now we only have one market in town and [1:58:25] » all those and this the 18 wheelers delivering the food at 4:00 in the [1:58:32] morning. That goes to my point. >> That goes to my point about making sure [1:58:37] we don't overallow residential development in the [1:58:42] general business zone or business park, for example, and take away the [1:58:48] opportunity for commercial development in the future, which we may need to [1:58:53] support all the people we have in town. Now, next thing you know, they got to go [1:58:57] buy their groceries in a neighboring town and give them the benefit of the [1:59:02] tax base. And in the meantime, the residents are costing us money with [1:59:06] police, fire, possibly schools depending on the size. So [1:59:13] » where one side of the road is all residential and one side of the road is [1:59:19] all a commercial and all and every six months the people on the residential [1:59:24] come in yelling and screaming at the your board in the council on how [1:59:28] something across the street is driving them crazy. Is that tyog? [1:59:31] » Oh no that's reservoir. >> Reservoir. [1:59:34] » Yeah. >> So that's because let me tell you what [1:59:38] » but see that's the thing. If you go back in time, okay, and you look at a map [1:59:44] when you'd leave here today and you start and you see that big storage [1:59:47] facility behind the fence, that's Industrial Drive. That actually lines up [1:59:53] with reservoir on the other side, but is not connected because of the wetlands [1:59:57] and the flowage that goes through from Johnson's Pond. That was the town's [2:00:02] original industrial park. You could get off the highway, go up Route 3. [2:00:07] Remember, there was nothing there until they started building wood estates. And [2:00:10] this goes to my point and all those residents moved in. Then you started to [2:00:15] see the commercial development. In fact, some of the developers held the frontage [2:00:19] lots on Route 3 until all the residents moved in. Then they put up a commercial [2:00:23] building and they're renting it out. And then you got dry cleaners, coffee shops, [2:00:26] laundromats, all that stuff comes in later. Now again, the the dynamics have [2:00:31] changed on the retail, but that's that's so it's unfortunate and and and and [2:00:38] that's right because there's areas over there where you have [2:00:42] industrially zoned properties with, let's say, a non-working asphalt plant. [2:00:47] This is the case. And then you someone comes in and says, "Hey, I want to [2:00:51] expand my residential use." They go out, they go, "Oh, yeah, that sounds good. [2:00:55] They built a bunch of stuff." All of a sudden, the asphalt plant starts up [2:00:59] again. And now you got all these people saying, "Oh, I'm getting the smell. I [2:01:02] got this." Well, when you bought the house, did you know that it would you [2:01:06] would go next to an industrial zone? Like there's no buffers. We don't go [2:01:09] residential, office, industrial, or we we go right up right up against and [2:01:15] there's a lot of properties. And and it's interesting because that was my [2:01:19] point. The cornfield where we we we have the comp permit Craig management on the [2:01:24] corner of Hawkney Hill. if you were here for that one. At one point, those [2:01:28] residents were up in arms. That was going to be a big shopping plaza for [2:01:32] like a grocery store with trucks, just like you were saying. So then we get [2:01:35] something that's more compatible residential use. Granted, the density [2:01:39] was a lot >> and it's still up in [2:01:42] » Yeah. And it's still up in arms, but it was I I think it was probably a little [2:01:45] bit better mixed than what was originally proposed. [2:02:00] They usually historically they're pre-existing [2:02:04] use that grandfathered in and you're stuck with them as opposed to a [2:02:09] thoughtful process where you decided to put an ash plant next to a [2:02:15] you would never do that. you brought it up at one point and said we should just [2:02:19] redo the zoning map across the entire town at once and if we don't want to see [2:02:23] any more industrial development change the zone now and the ones that are there [2:02:28] are grandfathered and over time they may because of the market conditions decide [2:02:34] hey guess what I don't want to be industrial anymore they'll go to [2:02:37] residential and maybe that's what we're trying to do here but I don't know if [2:02:40] this is the correct way to do it [2:02:45] not trying to be controversial. I just want to be think [2:02:52] » that the council hears at every we hear at every council meeting somebody [2:02:58] complaining about uh really essentially a pre-existing non-conforming use that [2:03:03] cannot be stopped. >> Right? [2:03:05] » And and we hear a lot of angst about that and the council thinks they can do [2:03:10] something about it. You all know we can't. [2:03:17] Make him an offer. Yeah, make him an offer. [laughter] [2:03:23] » So, [2:03:27] » so I >> not just where you think it will [2:03:30] succeed, but once it's succeeding, >> you don't want to put in have 85 [2:03:37] neighbors living in a building and now they're all pissed off at you because [2:03:40] you're putting a commercial f I I think >> I think with the [2:03:46] » I I think with commercial and industrial districts we would need to have a map to [2:03:50] have a thoughtful discussion to say hey guess what I don't want it in the [2:03:54] general business zone or it might be okay over here if you wanted to do an [2:03:58] overlay district that allowed it but we can't have cop blanch let's allow [2:04:04] residential in this zone or this zone without knowing where they are because [2:04:07] the intricacies you go all the way down tio cav where does it stop when you get [2:04:11] up past where uh Nikki's is and you're going over the hill into West Warick. Is [2:04:15] that residential or is some of that zoned commercial, but it's being used as [2:04:18] a residence? I mean, you got uh the the door place there. I forget the name. [2:04:23] Fagan Door, you got Nikki's, you had uh Taco, whatever the heck it is over [2:04:28] there. Then you got the little condos on the corner of Pilgrim A. So, you know, [2:04:32] you start saying, "Well, let's let's allow residential use next to [2:04:37] those. Maybe that's not a bad spot." But as you get down to sandy bottom, right [2:04:41] now that's all business. You want to put an apartment building right over there [2:04:45] in the middle of a of that zone and then I mean that's a might be a good spot to [2:04:48] just keep its own business. I I don't really know. [2:04:53] » No, go ahead. It gives us something. [2:05:01] » And unless there's a group of neighbors that show up at the hearing process, [2:05:06] let's fast forward as you were doing this. If There is nobody that shows up [2:05:10] that objects. The council is going to rely on what you're doing. They may not [2:05:14] put together the the issues that you're talking about here, how they could [2:05:19] explode into more problems for them. So now is and I appreciate what planning. I [2:05:25] think now is the time to really be thoughtful about not creating more [2:05:31] issue, but you know, it's encouraging. You need some flexibility, but you're [2:05:35] going to be my my suggestion. We had that discussion. Let's be very cautious [2:05:40] because you're just going to create more problems for yourself and the and the [2:05:45] council that you don't do it thoughtfully. Not really. I like the [2:05:49] idea of the over you're going to do it. I like the idea very thoughtful over [2:05:53] laser. That's my >> But even then, you got to look at the [2:05:56] like up at up the let's face it. The Harris Mill is gone. That used to be [2:06:01] Victor Electric. All right. Everything up there is converted to to residential [2:06:04] now. I can't think. There may be one or two industrial uses that are left. Um [2:06:09] Anthony Mill was converted too. Same developer. That's um I forgot who it is, [2:06:14] but up in Harris, which is which is where I live, any of the industrial [2:06:17] properties, there's a mill housing back there that's been there that supported [2:06:20] the mill because that's just the way it was done. Um you've got one that just [2:06:24] went up. We've got the, you know, one of those industrial garages, but how there [2:06:28] se low low to moderate income housing that I think the town controls that went [2:06:33] into one of the industrial properties. You got a nursing home up there. So, um [2:06:38] [snorts] I don't know. I I I think maybe that's an area to look at, but for the [2:06:42] time being, I'd like to leave Sleeping Dogs Lie on the industrial. we got [2:06:46] enough on our plate just getting the multifamilies into the residential zones [2:06:49] and then um dealing with the next item which is the uh taking back some of [2:06:54] these special use permits some of these other activities that we want to but I [2:06:58] don't I still want to be able to encourage [2:07:02] non-residential uses that in increase the tax base for years that was the [2:07:07] problem the only saving grace right now is that people are having less children [2:07:11] we're still I think starting to see an uptick but if it wasn't for that this [2:07:15] this town would be exploding. The school districts would be bankrupt in the town [2:07:19] just with the the number of kids in the schools. But the the reality is I don't [2:07:24] think you're going to see more than one or two kids per per household anymore. [2:07:28] That's just the the way it is. >> So, here's my suggestion. I think we've [2:07:32] got feedback on the R20, which is basically the the bullets we've [2:07:37] got here are a good starting point. Um I think what we could give you guys a bit [2:07:42] of [clears throat] homework. H excuse me. And we could send you uh a map of [2:07:49] the town, but to be honest, sometimes the best way to see the zoning as it [2:07:53] relates to the town is to use our GIS, which we can send you a link and we can [2:07:58] kind of give a little instruction on how you zoning on because that allows you to [2:08:00] zoom in and out, which a lot of people want to know where what what's here [2:08:04] again. They zoom in. Oh, yeah. Zoom back out. Okay, here's the zone. Here's the [2:08:08] here's what's on the ground. Um I might give you some homework to assess uh at [2:08:13] the next meeting when we come back what where are there issue where are there [2:08:18] areas if any in the commercial and I'm thinking the the the BP I think you kind [2:08:23] of made your point that that feels like we're getting built out where are the [2:08:27] areas in the general business zone so again Sandy bottom tyog knickkill road [2:08:32] and where are there areas and maybe other commercial zones we haven't [2:08:35] touched on the village main street commercial we haven't touched on village [2:08:38] rural commercial uh and then industrial. I might ask, you know, come back come to [2:08:43] the next meeting with a couple ideas on I feel most comfortable here. And if the [2:08:49] group is still not feeling comfortable with with residential and commercial, [2:08:52] that's that's fine. Um but it might be that that gives you a starting point for [2:08:57] if we were to do it, this is where we'd start. [2:09:03] You got it? Yeah, we can we can do a couple we can both send a PDF. Who would [2:09:07] who would rather use like a link of the town's GIS tool, which is pretty [2:09:10] userfriendly, and who'd rather have a PDF map? [2:09:13] » Well, the GIS map's online. It's the same one, right? You just have to change [2:09:16] the layers. >> Yeah. [2:09:18] » Yeah. We we could email you a link to the GIS and then give like a little [2:09:22] instruction on how you turn zoning on, which is pretty intuitive, but like, you [2:09:26] know, at least tell you, you know, click on this box, go to here, click on that [2:09:29] box, and then Frank, and then you can turn on an aerial map because sometimes [2:09:32] you're just looking at a bunch of boxes on the ground like what is this again? [2:09:36] And then you can say >> then then that might give you an ability [2:09:39] to come back to the next meeting with an idea of we looked at it frankly it's not [2:09:44] appropriate in any of these areas or you might say frankly I find it's [2:09:47] appropriate here and here let's start talking about that [2:09:50] » or if we did nothing a developer that wants to put up multif family housing in [2:09:57] any one of those zones has the option to go to the town to change the zoning on [2:10:03] that one lot and say this is a good fit. It's never going to be developed for a [2:10:08] business use because of this, this, and this. It's compatible. It fits in. The [2:10:13] neighbors in the back are here. Then they have to come here for a [2:10:16] recommendation. Then it goes back. So there's two hearings on the subject as [2:10:20] opposed to us writing it into the code and they're coming here and it gets [2:10:24] approved. And then we have the issue that you talked about where they're [2:10:26] screaming at the town council because they didn't realize that that something [2:10:31] got approved. I mean that's my thought is if I look at those maps right now I'm [2:10:35] I'm kind of and again it's just me there's there's a bunch of us but [2:10:38] preserving the areas but commercial development that we have [2:10:45] is probably a good thing and if it turns out that there's such a demand that [2:10:51] someone's willing to go through that process and we've had it before. I [2:10:55] believe at one time there was an apartment complex and it may still be I [2:10:58] don't know for right next to Dunkin Donuts. There's like a 50-ft road that [2:11:02] goes back and then it opens up and it abuts the residential neighborhood. And [2:11:06] there was a proposal, I think, to put a two or threetory apartment building back [2:11:10] there >> with the appropriate screening. And [2:11:13] again, similar to the the plaza, the 400 units, it had its own entrance in and it [2:11:18] so it didn't really affect the commercial and it abuted a residential [2:11:22] neighborhood and for someone to want to put a business back there, it would it [2:11:27] would have caused all kinds of problems being back up against. So it was it was [2:11:30] a good fit and someone can come and get a get a variance for that. Why do we [2:11:35] need to put anything in the code now unless we're going to look at the entire [2:11:38] zoning map as a whole and say you know what these areas here now should be [2:11:42] zoned for residential because we're allowing a mismatch of uses in the [2:11:46] general business zone businesses next to commercial and that's kind of what got [2:11:50] us in trouble now. Just my thought. [2:11:53] » Yeah, we're we're we're wide open. So, I'm open to the board's feedback, [2:11:57] » but we'll at least look at the map to see if there's any areas that say, "Hey, [2:12:00] you know what? this area right here. But again, I I you almost may want to be [2:12:05] inclined to say reszone the whole area from industrial to residential like that [2:12:10] north end up at up where uh you know, we were just talking about in the [2:12:14] norththeast corner where Cranston and Arkrite and most of it's already been [2:12:19] converted to residential and all you're going to do at this point is is [2:12:22] eliminate the opportunity for somebody to go in there with an industrial use [2:12:27] that's probably not compatible with the residential development that's occurred [2:12:31] within the last five Yes, >> that makes that's an interesting point. [2:12:36] Are there those uses going on in commercial that should [2:12:41] be be zoned to residential and free? >> Um, probably a few as I'm thinking about [2:12:48] it. Um, I mean certainly on Tyogg Tyog is a mix. Tyogg has uh the zoning [2:12:54] approach on Tyogg is generally uh commercial zoning on either side, but [2:13:00] what exists in the ground is a hodgepodge of there's an old house here [2:13:04] and then over here it was a house that clearly was converted to commercial and [2:13:07] maybe someone brought it back and it's a hodge podge of what use happened to fit. [2:13:13] Industrial here in Flat River, it's largely is larger scale industrial [2:13:19] buildings. industrial in the northeast corner near the mills is a bit of a mix [2:13:24] but the the industrial that's in the northeast corner it's also a little [2:13:28] spotted where it's not just oh there's in residential near I mean there are [2:13:34] industrial actual industrial mills and zones and there just happens to be [2:13:39] residential zones near it so I don't know how many there I'm sure there would [2:13:43] be a few residential dwellings in the industrial zone through our uh mill [2:13:48] areas in that area up in the northeast cuz that's not far from where I live. It [2:13:54] they're almost it's almost all residential. The only operating [2:13:57] industrial is one off of Howard Avenue. It's an L-shaped building. The the HVAC [2:14:03] companies in there and has a couple of other small businesses. Then you got the [2:14:06] old candy factory which has the indoor baseball and some other uses. But right [2:14:13] behind it, um, they put up the two big industrial buildings and then there's [2:14:17] another one down on Main Street. Now, that's the same the same type of thing. [2:14:21] Um, but if that whole area was reszoned for residential, [2:14:26] what's there is going to stay there and everything going forward is going to be [2:14:29] residential. And it almost encourages conversions, which is what happened with [2:14:34] the Harris Mill, both sides. That's apartments across the street. They took [2:14:39] the old building, converted it into I think there's like eight LMI units in [2:14:43] there that the town runs or has some say in. And in the back is the old mill [2:14:48] housing. And I'm trying to think if there's any there's anything else. [2:14:50] There's a few commercial uses right along Main Street right before you get [2:14:53] to West Warick. And in the back it's all apartments. So I I just can't imagine [2:14:58] anyone opening up a industrial business back there. And if they did and they're [2:15:02] allowed to open up an industrial business by right, the odds are there's [2:15:06] going to be a conflict with someone who's moved into a converted property [2:15:10] that's got a residential use. Y >> so it's time to kind of maybe think [2:15:14] think about that. But when you get down to Tyoke Avenue, what you're going to [2:15:18] start allowing residential development in between businesses and then you're [2:15:21] just going to have a fight on your hands. That's just the way I look at it. [2:15:28] And if the demand ever gets such that we really don't have any need for [2:15:31] commercial business zones anymore, nobody's putting it up. Everyone wants [2:15:34] residential. Great. Then reszone the whole street for residential [2:15:38] or some other use that allows, like you said, an overlay district with some [2:15:42] combined use. But I just think it's it might be premature. [2:15:46] We'll go through the exercise you suggested. We'll look at the map and [2:15:49] see, hey, are there any areas where we definitely should allow residential and [2:15:53] and figure that out. But why do we want to say, well, we got to start thinking [2:15:56] about where we want to allow it and then create problems. Let's just be [2:16:00] thoughtful. If we can start putting multif family in R20 zones and and maybe [2:16:04] even in one of the other uh residential zones and it ends up being a demand for [2:16:08] it, then then that's fine. But like you said, it's it's kind of the sewer line [2:16:13] and then the economics of it. And if a guy says, "Hey, guess what? I can buy [2:16:16] that old commercial building on Tyok Avenue, knock it down and put up all [2:16:20] these residential units and I'm going to get a greater return on my investment [2:16:24] than if I fixed that building and rented it out for commercial use because [2:16:27] they're just not paying the square foot price anymore. [2:16:30] You just can't get it. I mean, even if you've got a big commercial use, they [2:16:34] they're renting space a,000 square feet for what they used [2:16:39] you can't rent 2,000 square feet anymore. People don't keep inventory. [2:16:42] The stuff comes in overnight. So now you need twice as much parking, half the [2:16:46] space and you don't get much tax revenue on the parking lot. You get it on the [2:16:52] building. So So they're not making money. [2:16:56] » Fair enough. No. So I think we got our we got our homework and we'll send you [2:17:00] an email uh for a little homework before the next meeting which can just be kind [2:17:04] of explore the map a bit. It's uh it's it's good to get the feedback. It [2:17:08] actually surprises me. I would have thought there would have been more [2:17:11] comfort around the use of multif family in the GB than there would have been in [2:17:16] the R20. Uh but you know, I'm I'm I'm hearing you, which is no, we're we're [2:17:21] more comfortable in the R20 than the GB. There's a stigma sometimes with multif [2:17:28] family dwelling. Oh, it's going to be apartments. But you know what? They cost [2:17:31] so much to build now. The rents would have to be so high. you you're not going [2:17:37] to get you're going to get affluent people that are going to move in. [2:17:40] They're going to build them to get a higher rent. They're not going to build [2:17:43] a multif family dwelling and then cater to someone for $600 a month. They're [2:17:48] going to cater to someone that's going to be willing to pay $1,800 to $2,000 a [2:17:51] month. >> Yeah. So, we do have another topic that [2:17:56] we want to get to. So, I any last comments, questions on the multifamily, [2:18:02] two family? So then on the next topic, I'm actually [2:18:06] going to let Jim kind of give us a little bit of an introduction. This is [2:18:10] about the the special use permits and what we're doing. There's a couple of [2:18:14] documents. One you got in your packet in advance and it it outlined these [2:18:18] categories and I'll I'll let Jim take us from there. Is that fair, Jim? [2:18:23] » Got to do that. Yep, that sounds good, Doug. All right. So, um you should have [2:18:28] received a second memo um with a longitudinal sort of print out. Yeah. Uh [2:18:35] couple of different colors on there. And so what this is is again it's more of [2:18:40] the continued work on uh the zoning regulation rewrite. Um, and what we did [2:18:47] here was put together a table that shows um [2:18:54] where where we think where we're thinking it might make sense to use uh [2:18:58] by right um as uh as a regulatory standard or as a regulatory approach uh [2:19:06] performance standards or case by case and the by right those uses would [2:19:12] generally have uh very limited land use impacts. That's what we would expect. [2:19:17] That's why they could be in this category and um would not really warrant [2:19:22] additional um use specific review of uh standards. They're things that you can [2:19:29] say like okay this is something that that we can develop fairly safely won't [2:19:34] have a lot of repercussions uh where the performance standards uh in [2:19:39] the middle exist. So these are uses that might be appropriate without uh case by [2:19:46] case discretion. So you don't have to necessarily review them very closely. Um [2:19:52] but they would benefit from some specific standards, some performance [2:19:56] standards as we call them. And then the third set again case by case. Um those [2:20:02] are uses where the characteristics have potential impacts and it's hard to say [2:20:08] on the face of it without actually reviewing an application whether uh the [2:20:13] impacts exist or not. And so those would continue to get individual permits. Um [2:20:19] the classifications that are shown in the table are just recommendations for [2:20:23] your for discussion. Uh things we wanted to go over with you tonight. Um and uh [2:20:30] they're, you know, not intended to represent final determinations. Again, [2:20:34] just for discussion. Um and what we had asked you to do prior to [2:20:40] this meeting was sort of think through the things that we have listed out and [2:20:44] think about whether um whether we've set them up well or whether they're things [2:20:50] that you might like to change around a little bit. Um there's a second table [2:20:55] that goes along with that. So, if you flip the page, if you will, um there are [2:21:00] a list of uh the uses and these uses are the uses that are in your zoning [2:21:07] ordinance currently. So, the you know, same uses by name. Um in that second [2:21:14] table, uh there are potentially applicable [2:21:19] performance standards. So this would be for that middle category, the [2:21:23] performance standards and they include a bunch of different areas. So they [2:21:28] include things like uh hours of operation, noise, lighting, uh [2:21:32] buffering, uh screening distance from uh other from residential uses, parking and [2:21:39] loading, um traffic considerations, traffic access, outdoor storage, etc. [2:21:46] Um, and frankly, if you take a look at that, there's some that, you know, as [2:21:50] you're going down through the columns where there are X's next to almost every [2:21:54] single use. So, really think about the things that are on the right hand side [2:21:59] of the table. So, those are the ones that are um [2:22:06] those are the ones that are like outdoor storage um you know, odor and dust [2:22:11] emissions, things like that. and think through whether those whether those kind [2:22:16] of standards are necessary or not. The other thing we want you to consider is [2:22:21] that um uh standards around issues like noise, those might be better regulated [2:22:27] or are already regulated through other city ordinances. So they don't [2:22:32] necessarily need to be in zoning, but we bring them up because we recognize uh [2:22:38] that these kind of things can create issues. And so we want people to, you [2:22:43] know, we want you folks to think through them and see what makes sense. Um, so I [2:22:48] I think that's basically it. We just, you know, I think that that's great. And [2:22:52] and Jim and I spoke about these products. I I do think that the second [2:22:56] page um as we reviewed it, Jim and I kind of both acknowledged it probably [2:23:00] got a little exhappy where we thought so many of these uses needed to have extra [2:23:05] regulations on so many categories. um that probably it will need a little [2:23:11] more work and revision. I do think that the standards, some of these, you know, [2:23:15] parking and loading, you know, they're required for commercial uses. It's not [2:23:19] as though we need extra regulations, noise. Um you know, some of these things [2:23:23] we cover. Um so the second table is probably something that would be more of [2:23:29] a finer level of detail. This is just giving you an example of when we start [2:23:34] to identify the uses, what are different categories that we might seek [2:23:37] regulations on. I think a good use of this meeting would be the first page, [2:23:42] the first table with the green, the blue, and the uh uh beige uh colors. Um [2:23:50] do we feel as though there's a use that belongs in a different category? Green [2:23:53] means go. Green means we think this use could just be allowed. Uh blue means we [2:23:58] should add a regulation or two. Beige means this is pretty heavy-handed and we [2:24:02] may need to be thoughtful with very specific code on it. [2:24:06] » So just so I understand right now are these just the items that had special [2:24:11] use permits before there's other or is it just special use? [2:24:15] » It's a it's it's largely just the uses that were previously allowed through [2:24:20] special use permit. And um you know Rick, you were part of a handful of [2:24:25] meetings that we did. This is going back two to three years ago, [2:24:29] » a while back. But I I just want to so right now if someone wanted to put in a [2:24:35] restaurant, how how are they allowed? >> Uh the use of restaurant, I believe [2:24:40] there are zones where it is allowed by right, but I think you're seeing it here [2:24:43] because there were zones where it was a special use permit and now we're [2:24:47] debating, well, I don't know if we're going to bring [snorts] that special use [2:24:50] permit back in that zone. The idea is that maybe a restaurant in that zone [2:24:57] needs to have an additional standard. Um the standard [2:25:01] » So the plan is if it's already allowed by right, we're not going to necessarily [2:25:05] » impose you're not ones where we have where it previously was a special use [2:25:10] permit >> and and Okay, that's all I just wanted [2:25:13] to clarify. So okay, so what you're if I understand and I don't want to take [2:25:17] words because you were starting to explain. So everything in the fir the [2:25:20] question is going to be is the stuff in the first column seem like we don't [2:25:25] really have to worry too much about it exactly we're just going to allow it. We [2:25:29] already have some regulations that are going to control the development. If [2:25:32] they adhere to those regulations we can allow it in the zones where it was [2:25:35] previously a special use permit. The ones in the middle we want to say we're [2:25:40] going to add some performance standards. If they're going to go into this zone, [2:25:43] it's non- general business and they want to do this, then we're going to impose [2:25:46] these additional rules or regulations that they're going [2:25:50] to need to adhere to to be allowed. And then explain to me case by case versus [2:25:56] special use permit. How does that end up not being subjected? I think we saw that [2:26:00] as maybe a category that although I'm looking at it and I'm looking at like [2:26:04] laundry, dry cleaner, laundromat, that one might be something that we feel like [2:26:09] we're only a performance standard or two away from allowing. But I think it was [2:26:13] meant to be uses that uh maybe jump out as having a potential greater intensity [2:26:19] than the blue. I think the idea is maybe these are more than just a couple of [2:26:23] performance standards away. uh they may need um some other tool regulatory tool [2:26:29] that we would use. Um I don't want to go back to special use permits, but I guess [2:26:35] the idea is that you know those might be more complex. when we kind of initially [2:26:40] talked about it that there are uses you haven't even seen on here that um we [2:26:45] haven't talked about like solar, wind, uh wind energy, um quaries, these were [2:26:53] uses that were very complex. They have sections of the code dedicated to them. [2:26:57] They were allowed through a special use permit and not anymore. Uh those are [2:27:01] probably uses that we would have a very long robust discussion about how do we [2:27:06] allow these without the special use permit tool and and are there cases [2:27:11] where we would want to bring the special use permit tool back? I frankly don't [2:27:15] think the special use permit tool is a wise tool at this point. I feel like it [2:27:19] it puts us into a position where it's uh the the framework to approve it is is [2:27:23] very straightforward and permissible. So it it can be tricky to deny. Um in my in [2:27:30] my opinion. Um >> that was the problem. That's why [2:27:34] » that's why we got rid of them. Um so frankly I think that the third column [2:27:38] you might say there's certain things in this beige column on the far right that [2:27:42] you feel like you know what I don't think that that's any more intensive or [2:27:46] more of a nuisance than some of these other things and we can move it back [2:27:49] over. Um, as I look at the chart immediately, you know, and this is [2:27:52] coming from our consultant who's uh giving us a nice neutral objective [2:27:56] review, I mean, my brain immediately goes to certain uses I want to move [2:28:00] around, but before I do that, you know, really the exercises for the board to [2:28:05] for it to get its idea. Um, I'd say the way to think about it is green is go, [2:28:11] green feel is is uses that we feel like if it's in a commercial zone or [2:28:14] industrial zone, it should just be allowed by right, no extra regulations. [2:28:18] Blue means we want to add a a couple of things here. And then gray means we [2:28:24] probably need more thought. It may need more than a couple of things. Um take [2:28:29] take a few minutes. Uh feel free to ask questions, but take a few minutes and [2:28:33] just kind of start to digest it. You could immediately start to circle uses [2:28:37] that maybe jump out to you. Like immediately I'm like cemetery in in the [2:28:40] blue column. Uh maybe about 23 of the way down. I mean, cemetery is probably a [2:28:45] use that we don't need any special regulations on. You know, it's not a use [2:28:50] we tend to see new proposals for. >> Well, [2:28:54] the thing the thing I see here is is >> so so maybe Doug, this is this is just a [2:29:00] thought. If we looked at the things uh in the green go column, the buy rights, [2:29:05] are there any in there that don't belong in there and should really be in either [2:29:10] blue or or beige? You don't have to put them in one of those particular spaces [2:29:14] yet, but just they don't belong in green. [2:29:18] » Um, [clears throat] okay. That's a little [2:29:20] » That's fair. >> I mean, I had a problem with newspaper [2:29:24] offices. >> Just just don't like them. [2:29:30] » No, who even has one? >> Okay, fair. [2:29:33] » Newspapers are dead, right? >> Yeah. Yeah, that's fair. [2:29:38] I mean, there is one. We have a newspaper office. um right near the in [2:29:42] the Dave's Plaza. I think that's where the reminder has their main office. [2:29:47] » Yeah. Okay. >> It's odd. I mean, the the use actually [2:29:50] exists in town as much as it's a dying use. We we got a building. [2:29:53] » I was thinking of the people, you know, going into the stand where you buy your [2:29:56] papers to get two, three newspapers, some magazines, what do you want? Some [2:29:59] candy. >> Yeah. There's one use I I'll you know [2:30:03] what? I'll give you guys a chance. There's one use I've identified in there [2:30:06] that is very tricky, but it's it's it's sort of a it's a new innovation, a part [2:30:10] of the use. But do you guys see anything in the green that jumps out to you that [2:30:14] it's like I don't love I don't love considering that by right. We should add [2:30:18] a regulation. There's something there that's a little intense. [2:30:27] That's it. Yeah, that's what I had in mind. Green houses. Now the definition [2:30:31] of a greenhouse is changing in the world because there's um controlled [2:30:35] environment agriculture. Um there's the biggest building in Rhode Island has [2:30:40] been proposed in exit to grow it's a 25 acre building to grow tomatoes. It's [2:30:45] probably best understood as a greenhouse but it's highly mechanical. It is [2:30:51] internal growth. It is staff and it is shifts and it is trucks and trucks and [2:30:57] trucks. it's probably still a use that someone could say is a greenhouse. Um, [2:31:03] that might need a little bit of work or maybe we redefine greenhouse to ensure [2:31:07] that it doesn't include like if we're going to make it easy to make a build a [2:31:10] greenhouse that does not include mechanicized, you know, methods of [2:31:15] agriculture within the >> greenhouse size. [2:31:17] » Was that could limit the size? >> Could max. Yeah, limit the size. Um, [2:31:23] » and which zones are we talking about too? We still, you know, we don't really [2:31:26] have the key to know where Well, there are a lot of [2:31:27] » No, no, we don't have that yet, but I think majority of what you're looking [2:31:30] at, they're commercial or industrial uses. We're these are these would be [2:31:34] only for commercial industrial zones. Um, it is a fair question. Some of these [2:31:39] we might take a look at are village main street or village rural which are kind [2:31:43] of meant to be light business zones. >> I can't imagine we don't have a nursery [2:31:46] or a greenhouse out in in the uh in the rural. use that use I think actually [2:31:51] might that use might be a use that's allowed in residential but or was [2:31:56] allowed in residential. >> Um I think that that use probably could [2:32:01] be allowed in residential as long as we frame it as um a maximum size or somehow [2:32:08] make it make sure we don't end up with a a businesscale greenhouse which we did [2:32:14] have interest in that in Coventry. We had an applicant that was asking how [2:32:18] they could achieve that and it was right around the turn when all the special use [2:32:22] permits went away and I said no it's not available but we had an applicant [2:32:25] looking to use that use to do um this controlled environment agriculture um [2:32:31] which that they they they can be busy I mean [2:32:34] they need parking spaces because they have multiple staff [2:32:44] so we might want to move that one over to blue. [2:32:49] » What was the thought process between group instruction in blue and individual [2:32:54] instruction in green? [2:32:58] » Meaning like how did we come up with those? [2:33:01] » Yeah. But >> yeah, [2:33:03] » so it was it was based on larger land staff experience and considering how [2:33:09] these things have worked in other uh in other cities and towns that we were [2:33:13] familiar with. [2:33:26] Yep. [2:33:30] [sighs] [2:33:43] Where would our average uh commercial condo type development [2:33:51] be listed? Is in that in the performance standards or the buy right? [2:33:58] The commercial condos actually uh weren't special use permit uses. So, [2:34:04] ironically, you know, you might say, Doug, that feels more intensive to me [2:34:07] than a lot of what I'm seeing here. That that's a use that's allowed by Wright in [2:34:11] our general business and industrial zones. I believe they're also available [2:34:16] in our village main street and village burough commercial. I mean, that's why [2:34:19] you saw uh a project, I don't want to name specific projects, but you saw a [2:34:24] commercial condo in Western that was in a village rural commercial zone [2:34:29] recently. And I think that's one of the one of the bigger ones we see where the [2:34:33] community comes out against it. >> It's certainly a popular use. So whether [2:34:38] whether we're seeing the community come out because they don't like that use or [2:34:41] whether it's just we tend to see that as a commercial use that appears over and [2:34:45] over again and that's where there's a rub. You know, I don't know if anyone [2:34:49] out there would be jumping for joy over retail either. Um but yeah, that's a [2:34:54] popular use. And if the thought is, hey Doug, you know, while we're doing this [2:34:58] exercise, we'd love to consider some regulations around that use too, um, I'm [2:35:04] open. I mean, really, the first task is, hey, these are uses that for some degree [2:35:08] somewhere in the town we shut it down and we always intended to bring it back. [2:35:12] There might be uses that you'd say, Doug, there's uses that we need to rein [2:35:16] in a little bit that are allowed by, right? [2:35:18] » Yeah. For me, that that's one because all the all these commercial condos [2:35:23] popping up um really is for me is definitely needed, but it's low value [2:35:30] low value uh for some high value properties and [2:35:36] they're putting in these low value developments and frankly [2:35:42] aesthetically they become eyes pretty quickly. [2:35:45] » Yeah, understood. Yeah, they're they're certainly uses that are meant to be more [2:35:49] functional than aesthetically attractive. They're they're not looking [2:35:53] to bring in customers. It's a workplace for contractors. [2:35:57] » And I think there's there's an appropriate place for that. And like me [2:36:01] personally, I don't particularly feel they belong on [2:36:06] Taio Gav, but there are appropriate areas off the off [2:36:12] the main roadways that have industrial like the which is they're completely [2:36:19] appropriate for. >> That's fair. It's a good comment. We'll [2:36:21] make a little note and this is where Jim always assumes there's scope creep. Jim, [2:36:25] we'll we'll also just evaluate all the uses in town while we're doing this [2:36:28] work. Oh, okay. >> Um, [laughter] but no, we'll make a note [2:36:30] of that. I think that's fair. Uh, I want to get this kind of feedback. We're here [2:36:34] to talk about appropriate sighting of a range of commercial industrial uses. So, [2:36:38] if something jumps to mind that isn't on the page, we want to hear about it. Um, [2:36:42] if we're doing this exercise and one one thing that we've done and we had a work [2:36:47] group that met many times, so some of this work was based on some work group. [2:36:51] Um, Rick was part of that work group. We're going back two and a half years [2:36:54] ago. The last time this work group met, we all believed that it was also [2:36:59] appropriate to look at uses that were never allowed in industrial but were [2:37:02] allowed in commercial. Let's look at allowing those commercial uses in [2:37:06] industrial zones. Our industrial zones aren't factories. They're a hodgepodge [2:37:10] of different uses that just happen to be allowed. And then there's some cases [2:37:14] where there might be light industrial where it might be appropriate in [2:37:18] commercial. I'm not looking to bring a factory to Tyogg, but someone that does [2:37:22] I I use this case example of uh someone that wants to build custom surfboards [2:37:27] and they need a place to work. We'd consider that a form of manufacturing, [2:37:31] probably like miscellaneous manufacturing. He's building custom [2:37:34] surfboards. This isn't a factory. This is someone that just needs a space to [2:37:37] work. That might be very appropriate on a tyogue or sandy bottom. [2:37:42] » So, we looked at the the difference between us is allowed in industrial and [2:37:46] commercial. To some degree, we're in a world where we're not getting big [2:37:50] factories and industrial and only retail and commercial. It's industrial needs to [2:37:55] be more wrestrial zones need to be more open to different uses because they're [2:37:59] to some degree sometimes struggling because there's not manufacturing in [2:38:02] America and sometimes we should look at certain industrial uses and say that's [2:38:07] going to be a very smallcale use and maybe it's appropriate in some of our [2:38:11] commercial zones. So we thought that the the lines between those two zones could [2:38:16] use to be um to some degree some more overlap than what our code allowed. When [2:38:21] we do this exercise we're not giving you this is the use in the industrial and [2:38:25] business but if we determine this is a use we're comfortable with the next [2:38:29] stage was in all the business and industrial or one or the other. I I [2:38:34] would consider that surfboard more of like a a craft or more of like a artist [2:38:41] type uh [2:38:44] uh business versus an industrial complex where you see trucks coming in and out [2:38:50] of and and more of a crafty or oestry type [2:38:55] » art studio >> an art studio [2:38:57] » type thing. So, you know, you get through the zoning code and you start to [2:39:00] realize furniture manufacturing, you know, we don't have furniture factories, [2:39:04] but someone that wants to build custom furniture and wants to have a site, he [2:39:09] may you may that we may be comfortable with that on um Tyogg, what what tends [2:39:14] to happen is people think industrial means factories. We don't get factories [2:39:17] anymore anywhere. So, it's time for us to revisit what what do we actually want [2:39:23] and what do these uses mean today compared to what they meant 50 years [2:39:27] ago. true industrial complex isn't going to fit in any industrial facilities we [2:39:31] have >> that listed for. [2:39:33] » I mean, you know, you look at what are the uses driving big site development [2:39:37] now it's uh fulfillment centers. It's the Amazon fulfillment centers. It's now [2:39:41] we're going to get data centers and um all of all of that. Um these are like [2:39:46] the most uh intensive largecale. This is what's replaced factories is uh Amazon [2:39:53] fulfillment centers and and data centers. [2:39:56] » And do we do we have those D do we have any ordinances [2:40:01] » I don't think we have anything I'd have to look I haven't I don't know if we [2:40:05] have anything that a data center could say we fit in your town because this [2:40:08] fits what we do. I don't know if we have any description of a use that gets close [2:40:12] to a data center. I know it's become very controversial nationally [2:40:16] » but mostly because requires a lot of water and a lot of electricity. Yeah. [2:40:20] So, so >> they might have trouble coming here. [2:40:24] » So, I mean, in thoughts, do do people feel generally comfortable with what [2:40:28] they see in green? Is there anything in green that you you feel needs to be [2:40:32] bounced over? I like I like getting the thoughts like what you just said, John. [2:40:36] We're going to take a note about, you know, where do we allow the commercial [2:40:39] condos and we'll fold that into our analysis. [2:40:43] Um, but does Green feel comfortable to folks? [2:40:48] » Pretty much. Yeah, except for the nursery greenhouse. I think that was [2:40:51] something we might want to look at. But just one more comment. I know I know we [2:40:54] was talking about the commercial condo. See, the problem is you put the building [2:40:57] up and it's a commercial condo, but you don't know who ultimately is going to [2:41:01] end up renting the space. >> It could be anything. It could be [2:41:04] landscapers, in which case they're coming in and out all day and they don't [2:41:07] have any customers at all and it's more of a commercial use. They're going to [2:41:11] park their cars during the day. There's a lot of stuff that gets stored there. [2:41:13] They're in and out with trucks. Then you could have like if you look at the [2:41:18] original ones that are off Taio, there's a guy in there that makes trophies. [2:41:21] There's somebody else in there that has a taekwond do studio. There's an oil [2:41:25] company. You know, those are all behind Atlantic Plumbing off Taio Cavalick [2:41:30] behind McDonald's. There's a whole row of industrial [2:41:32] » Yeah. And those that use is probably considered grandfathered what they're [2:41:36] doing. >> Right. Right. It is. But what I'm [2:41:38] getting at is folks are coming in and saying, "Hey, guess what? I can make a [2:41:41] good return on this." The the rate of return is really good. I'm telling you, [2:41:45] for what you have to invest in a a steel building with whatever infrastructure [2:41:50] you put in there, a small bathroom, a couple of doors, an overhead door, and [2:41:53] it's in, but you have no idea once it's up, who's going to end up renting that [2:41:57] space. And that's the that's really the issue. Is it allowable use in the [2:42:01] general business zone? Well, it's a commercial condo. They're not do they're [2:42:04] not selling any retail. It basically becomes a storage facility. And and see [2:42:09] Mike Mike Beard again, I shouldn't the the the ones we approved up off a [2:42:14] reservoir road that are basically in the industrial zone. That's he he mentioned [2:42:18] that he goes I'm getting people that don't want to have their boat shrink [2:42:21] wrapped every year. It's cheaper for them to rent space from me and bring [2:42:24] their boats there and keep them in undercover for the winter and just tow [2:42:26] them out. >> Yep. [2:42:27] » So you don't know what the uses are going to be. And if they abut [2:42:31] residential zones, um you know, they're really not helping us. [2:42:36] » Yeah. I mean that's why the use is popular because it offers flexibility to [2:42:40] meet a tenants's need. I can tell you that the use the way it's described in [2:42:43] Coventry code and we haven't touched it. So this is one of those uses that you [2:42:47] know is it's just one of those old uses we've used for this purpose. It's it's [2:42:51] basically a it's a it's an equipment and material storage use. Um the idea is if [2:42:56] someone starts to do something that looks more like hey I want to point a [2:42:59] sale and I I want to have customers coming in and out. We're going to start [2:43:02] to say that's not this use then you want to do retail. But if you're in the [2:43:06] general business zone, they're both allowed. [2:43:08] » They're both allowed. But if someone says, "I'm building this building for [2:43:12] this use," they would need a change of use. If they're going to say, "Now, I [2:43:16] want to do point of sale." And we might look at a site and say, "You developed [2:43:20] this thing with garage doors and without parking to accomplish a customer comes [2:43:26] in, they park here, they come up to a natural safe [snorts] location to meet [2:43:30] me at the front door to review." we would probably say, "No, I don't know if [2:43:33] this site lends itself to that use. Maybe there's safety concerns. Maybe you [2:43:37] didn't give it yourself enough parking." So, the core use of a commercial condo [2:43:41] is really it's a storage. It's a material and equipment storage use. The [2:43:45] idea is if a plumber ends up banging a hammer on a piece of pipe in his unit. I [2:43:50] mean, we're probably not going to say the you banged your hammer or that's a [2:43:53] manufacturing use. But if suddenly somehow there's 10 employees in one of [2:43:58] these units and they're all manufacturing something, we might come [2:44:00] and say this is clearly beyond storage. You're clearly doing another use and you [2:44:05] need to do a change of use and we need to have you reviewed under the code for [2:44:08] that new use. It it is >> I all the allowable uses that you [2:44:14] described for those commercial condos, what did you say it was? storage and [2:44:19] » like a equipment and material storage. >> Yeah, that in my opinion that belongs in [2:44:24] an industrial zone, not a general business zone, but it's allowed in the [2:44:27] general business zone. And that's what you're starting to see because again, it [2:44:31] all comes down to what's the rate of the return I can get if I can rent this [2:44:34] thing out. >> And people are saying, you know what, I [2:44:36] can put one of these buildings up real cheap. I can get a good rate of return [2:44:39] on the rent. And now we could end up with, you know, those right next to [2:44:45] something else taking away a potential retail use and taking up space because [2:44:50] it was more profitable at the time. And those folks don't care what it looks [2:44:53] like when they drive down Taio Gav, which basically is our main thoroughfare [2:44:56] in town. We don't have a main street, but that's it. [2:44:59] » Yeah. Now, we're we're taking notes on this because the idea is that that might [2:45:03] not be related to our special use permit work, but if it's a use I mean, it's [2:45:07] certainly a use we've seen a lot of, right? [2:45:10] Um, there's uses that weren't really I don't [2:45:14] even think that the the the developer meant and was shooting for that use, but [2:45:18] they ended up building something like it. I'm thinking about off of Harky [2:45:22] Hill. Um, we saw an application that was for an oil uh distributor [2:45:29] » and uh it's an odd use and he ended up building buildings that had sort of a [2:45:34] flexible kind of component to them. I mean, he was relying on that use because [2:45:39] I think it gives him the ability to store his buildings or store his [2:45:42] vehicles, uh, store some equipment. But, you know, what he's doing is he's a he's [2:45:49] a, you know, he's an oil distributor and he sometimes takes guys oils tanks out [2:45:54] of their their buildings and he needs a place to cut them up. And so, it's it's [2:45:57] like we don't have a use that says here's the oil tank business use. Uh, it [2:46:02] was the closest use that fit. Um, we do tend to see a lot of them. So, we can [2:46:07] revisit that. That can be part of like maybe our effort is to bring this up [2:46:11] whether we uh ask Jim to help with it or not. It can be a use that we revisit. Is [2:46:16] it where do we want it? And the idea is if we want it in the general business, [2:46:19] fine. But maybe we add a lot of restrictions to it along the way. [2:46:26] Do we want to try the corollary exercise to what we just did and see what in blue [2:46:32] and gray might belong in green? >> That makes sense. And that might be, you [2:46:36] know, I I can assume folks here are probably ready to wrap it up. [2:46:39] » Yeah, please. >> Yeah. No. So, let's let's let's I think [2:46:42] if you if green feels good, aside from the couple comments we got, let's look [2:46:44] at blue. I think look if there's something in blue that jumps to you as [2:46:48] that should be more of a green or that feels like it's maybe even more complex [2:46:53] and it should be in beige. [2:47:00] » Yeah. No, these these Weston Samson guys they I don't know how they pick their [2:47:06] colors. They're crazy. [2:47:11] » [laughter] >> I didn't have any involvement selective. [2:47:15] » They're pretty color like three different colors. [2:47:18] » That's good enough. >> They work. [2:47:21] » It should be yellow. >> Red. [2:47:24] » Oh, yeah. >> Green. Green. Yellow. Red. Next time [2:47:43] a walk-in medical clinic, treatment center, retirement nursing home. I see [2:47:50] two different Is this only what was the special use permit? in what zones? We [2:47:57] don't know. >> Yeah, we can we can take a look. I mean, [2:48:00] I um >> and I'm thinking there's two different [2:48:02] things there. I mean, a walk-in medical clinic and a treatment center [2:48:07] generally would be business and industrial, but retirement nursing home. [2:48:12] » Yeah, I think >> would be a fit in residential. you're [2:48:14] probably getting a mix of some uh some of these uses uh were combined uh [2:48:20] because it was probably maybe two different uses in the code but the you [2:48:24] know the consultant thought let's look at this as [2:48:27] you know this is similar does this grouping of uses feel similar here you [2:48:32] might say Doug I think uh >> time nursing homes are are separate from [2:48:37] the other they're kind of >> yeah no I think that that's fair [2:48:39] » and I think um you know the standards It's they may be suited in some [2:48:47] residential zones. I mean, if they can get the water and the uh and the uh [2:48:53] waste disposal [2:48:58] » is is a driving range and golf course similar or not similar enough located [2:49:03] together sometimes. >> Yep. Um a golf course is actually in [2:49:10] beige, >> right? I'm saying [2:49:11] » and where driving range and mini golf are here in blue. So, it's a it's a fair [2:49:14] observation. It feels like those uses probably driving range tends if it's [2:49:19] good enough for a driving range, it's probably good enough for a golf course [2:49:24] » and vice versa. >> They fit on small areas. [2:49:28] » Yeah, >> you can put a driving range. Not much [2:49:31] many of them left. I think there's one or two in the whole state now. [2:49:35] » Yeah. >> Miniature golf is more commercial. [2:49:38] I guess that's it's like Topgolf. >> Yeah, that's that use I I would dare say [2:49:44] because we I was part of Cranston when when that project was permitted in [2:49:48] Cranston that I don't think we have a use that covers Topgolf. I wouldn't say [2:49:52] that a driving range inherently means that you can build Topgolf there. Um we [2:49:57] also know we're not going to get another Top Golf. Top Golf isn't like they don't [2:50:00] want to build right next to where their other sites are. So I think the state [2:50:03] has one. We probably got what we got for a while. That's a whole there's [2:50:07] basically food, >> alcohol, driving range. [2:50:11] » Yeah, they're they're I kind of would >> Yeah, they're they're kind of like a [2:50:15] major entertainment center, >> clubs, entertainment. So, they they kind [2:50:18] of fit under all of that. This is a >> Yeah. Um what about uh you have uh in [2:50:25] blue auto dealer auto dealership vehicle sales and then you in in the beige you [2:50:33] have boat repair storage sales auto body repair. [2:50:38] » That's fair. I think boat sales and auto sales are probably similarly [2:50:43] categorized. >> Yeah. But I but I would caution that a [2:50:47] lot of auto dealerships have auto body repair shops and uh auto [2:50:55] service in their dealership. >> Mhm. [2:50:57] » So I guess the question would be is auto dealership without [2:51:04] repair facilities in one and then an auto dealership with repair facilities [2:51:09] in another. We actually, this is a use that I'm a little more familiar with [2:51:13] because we did draft and we're looking at this code when we did gas stations [2:51:18] because as you may recall, we did the gas station code and we did a lot of [2:51:21] like cleanup work around it where we we're oddly categors [2:51:27] for some of these uses. So, we have some standards for auto repair and oddly we [2:51:31] were like uh applying those same standards for dealerships. I do believe [2:51:35] that auto dealerships, boat dealerships are independent uses and auto repair. [2:51:40] It's not like there's a use that allows both. So, we can really treat them [2:51:44] separately. I mean, they each come with their own nuisance issues. [2:51:48] » So, if we did have like a um like they have on route to we have [2:51:56] Subaru get moved to center of New England Subaru dealership. they have [2:52:01] their car sales and you pull up to the garage to get your oil changed and [2:52:06] whatever else that would that that that would then go under the most stringent [2:52:11] of the two requirements. >> We would say you're doing two uses at [2:52:15] once, which you're allowed to do in a commercial zone. Um, we have plenty of [2:52:18] cases and we'd say each use needs to meet its own independent requirements. [2:52:23] You could say the the auto dealership is the whole lot because hey, you're [2:52:27] putting the cars up front. You know, all the cars are everywhere on the site. [2:52:31] Maybe the auto garage is in the building and someone might say, "Oh, well, the [2:52:36] standards for the auto garages, the auto garage should be at least this far from [2:52:38] residential." Great. Well, we're going to measure that from the auto garage [2:52:42] component of the site. And we might say, "Oh, and but auto dealerships need to [2:52:47] have other standards like um I don't know what it might be uh of landscaping [2:52:52] throughout the, you know, so like they'd have to meet each independent code as it [2:52:55] applies to the section. >> I just want to make sure that it's [2:52:57] clearly distinguished between the two because that the way it was described [2:53:01] here, it doesn't [2:53:05] » Yep. No, that's fair. I'd actually would recommend that. I do think auto body or [2:53:12] we say here auto body repair but we're starting in our recent code rewrite. Um [2:53:18] we're starting to treat auto body and auto repair is the same. There's no real [2:53:22] need to treat them differently. Um I think they're they're a use that I think [2:53:26] is appropriate to put in blue and that's mostly because we've actually now [2:53:32] drafted a good chunk of performance standards for them. And I think we're [2:53:36] close and that's a use we certainly have plenty of. It's a use that you is [2:53:40] currently turned off across the entire town. I'd love to put it into a category [2:53:45] of blue where we might be just a couple of pieces of code away from taking auto [2:53:50] body and auto repair in general and making that an allowed use, which we [2:53:54] certainly have. We entertained a use variance on an auto body expansion if [2:54:01] you may recall. um this wasn't too long ago and they went with a use variance [2:54:05] because um there there was not a buy right choice and they were just seeking [2:54:10] a simple expansion on their property. So, I think it is something that we're [2:54:15] going to get people knocking on the door pretty soon saying, you know, hey, [2:54:20] » Exactly. Yep. That's that's the one >> I [2:54:25] I think some of it is also regulated by the state. Not so much a regular auto [2:54:30] repair, but automobile sales, you need to go to the dealers commission and they [2:54:35] have standards for the amount of pavement, for the amount of, you [2:54:38] [clears throat] know, things like that. And the same thing with the auto body [2:54:41] auto body shops, they have to have um something to extract the fumes. They [2:54:46] have to have uh you know enclosed paint facilities now. It's not like the old [2:54:51] days pull the car into the garage and just stop painting and we'll hang a [2:54:54] curtain up. They have extensive things to protect the environment that are [2:54:58] built in. I think the biggest drawback is when um you have that type of [2:55:02] operation and the person is stockpiling cars because they think at some point [2:55:08] they might be able to repair them when you know there's parts available from [2:55:12] other junk cars or whatever. So they'll keep a lot of nonworking vehicles stored [2:55:18] on the property. That's the biggest thing. Y. [2:55:20] » So again, if you're going to if we're going to start looking at that second [2:55:23] page where you have the X's, I think some of the uh the aesthetics that go [2:55:30] along with some of those types of businesses are the problem. And then [2:55:32] yeah, you could move boat repair, storage, sales, and auto body repair [2:55:35] back to the blue, but you've got to put those protections in place. If [2:55:38] everything is enclosed and it's regulated by the state, it may not be a [2:55:43] bad thing to have in in certain zones, but you just have to be careful of that. [2:55:47] All of a sudden, you know, there's this big perimeter fence that you can't see [2:55:50] through and you look and there's like piles and piles of cars back there and [2:55:54] old auto body parts and stuff. They said, "Well, I don't want to get rid of [2:55:57] it because I might be able to use it someday." [2:55:59] » We do have um a use that's not on this uh probably because um I'm not sure if [2:56:06] it was just not allowed or how it fell within a special, but a junkyard, which [2:56:09] is a separate use than auto repair. Sometimes the two go together, and we [2:56:13] would say then you're seeking both uses. But if you're seeking to store a bunch [2:56:16] of um non-usable vehicles, then that's a junkyard in town and that is a use that [2:56:22] can be nasty and we would want to make sure we handle correctly with a lot of [2:56:27] screening and fencing. We have code that does that already whether it's strong [2:56:30] enough or not. >> This is just not allowed. [2:56:32] » But that that use I don't think is is allowed right now and and it might just [2:56:36] be turned off and it's probably it may not be on this because maybe it was [2:56:40] turned off even before the special use permits came along. We deal with a lot [2:56:44] of the non-conforming existing junkyards. [2:56:47] Um, >> yeah, many towns just don't allow it. [2:56:50] And I'm not sure exactly how they define it, whether it's like a number of cars [2:56:53] or what what the deal. >> We were just looking at it today. I [2:56:57] think it was like you get to be a junkyard. Once you have like more than [2:57:00] three nonfunctional automobiles, once you start to just store more than three [2:57:05] non-functional automobiles, you're not really repair. You're more of a [2:57:09] junkyard. You could probably go find that [2:57:12] » if you just wrote down >> certainly we we we've got some problem [2:57:17] properties where people are thinking I can just throw these cars around my [2:57:20] house. So we have we have some problem properties that [2:57:23] » we won't we won't go into details on the specifics. [2:57:26] » There's some in the commercial zones I can think of right now. Village [2:57:28] residential village commercial. >> So one down [2:57:33] » street. >> Yeah. So um do we have a question over [2:57:38] here? >> Yeah. Yeah. Do we have anything that [2:57:40] addresses like um incinerators for uh for like um p like power generation, [2:57:49] burning of garbage or or any of waste products? And do we have anything for [2:57:55] crematoriums? >> That's a question. Crematoriums came up [2:57:59] as a recent uh state issue. I don't know if you were involved at all. I think it [2:58:03] was Tiverton. >> Yeah. I I've just heard about it in the [2:58:07] news and I think it's this is >> Yeah. No, I don't think we have anything [2:58:10] like that. I don't think we have a use for a crematorium. [2:58:14] » Um and uh [2:58:17] » we have mortuary and funeral home in there. I don't know if that [2:58:20] » mortuary funeral home wouldn't wouldn't allow a crematorium. [2:58:24] Um what were the ones that you mentioned [2:58:27] before that John? uh some kind of incinerator or whether it's incinerator [2:58:32] for power generation or just burning of waste or [2:58:36] » I'm not sure if our code has um anything that's like a power generation. It it [2:58:40] might have utility um substations type of stuff, but I don't think we have like [2:58:44] a true power plant use. You have the zoning code with us in the [2:58:50] box. Yeah, that's a good question. I I don't [2:58:54] I mean if we have it we obviously it's not on this list. I don't actually know [2:58:58] if we have what someone would say is a use that allows pure just power plant or [2:59:03] power generation. We'll have to I'll take a look. [2:59:06] Um, so thoughts on blue? I mean, I circled cemetery because I don't think [2:59:11] cemetery is a is a land use that, you know, we're focused on as needing a ton [2:59:16] of regulation. Um, but did others have areas in blue that you felt were either [2:59:22] deserved to be in green? Um, or maybe deserved a higher level of concern. [2:59:35] » I think they're [2:59:38] » great. And then I guess I'll ask um if you don't mind before we go in the beige [2:59:45] section um those were I we've kind of already [2:59:49] talked about the idea that maybe boat repair storage sales and auto repair [2:59:53] might find its way into the blue. We do have some good performance standards on [2:59:56] sections of that. I'm not saying we're done. I do think that some of the these [3:00:00] uses might um need for me auto repair could probably use a standard of minimum [3:00:05] distance to residential. Um, if you're going to do that, that's fine to do in [3:00:09] commercial, but if there's a house next to you, you have to be a little more [3:00:12] thoughtful on the noise, nuisance activity that that use brings. [3:00:16] » I I think the top if we we're going to include boat repair, storage, sales, and [3:00:20] auto body repair and put stringent regulations and move that into blue. I [3:00:25] don't see why mortuary funeral home or laundry, dry cleaner, and laundromat be [3:00:29] the same thing. >> That's fair. I think that's a good [3:00:32] point. So, the top three categories, maybe we kind of move those to blue. The [3:00:36] rest of them you get a little different. You're into something. You just don't [3:00:38] know how big it's going to be or what the impact's going to be or what they're [3:00:40] going to be. We're talking, >> you know, compassion centers, commercial [3:00:44] animal raising, hospitals, campgrounds, those are big operations. Yep. [3:00:48] » They probably do belong right where they are. [3:00:50] » Yep. >> Yep. [3:00:54] And I mean, you know, the thing that I think uh what I assume is going to be [3:00:57] one of the primary regulatory tools we're going to be looking at, so this is [3:01:01] a little bit more for Jim, um is we saw it when we brought um uh cannabis retail [3:01:07] use. We saw it when we did gas stations. We saw it when we did kennels. The main [3:01:13] concern and the thing everyone seems to be focused on is a minimum separation [3:01:16] distance to residential. It's fine to do this in business. Business doesn't tend [3:01:21] to bother other businesses. I'm not worried if the business bothers another [3:01:24] business. You're a business, but it we have a lot of residential. It's in and [3:01:27] around our commercial zones and some of these uses jump out as saying if there [3:01:31] if you're in one of these residential, if you're in a commercial zone and [3:01:34] you're close to residential, these are uses that we don't feel as comfortable [3:01:37] as you approaching. And so that that I assume is going to be one of the more [3:01:42] popular performance standards that we'll keep coming back to. And there might be [3:01:45] a range like here, this use feels like it's a 100 foot separation distance. [3:01:49] This one feels more of a nuisance. So, are we going to 150? Is that enough? [3:01:55] Maybe there's some that we feel less. I can tell you we did uh Dennis, what did [3:02:00] we do for retail cannabis? What was the minimum distance to residential on [3:02:04] retail cannabis? Was it 100 maybe? [3:02:08] » Maybe 150. Minimum distance on a gas station. We said the pumps shouldn't be [3:02:12] more uh shouldn't be less than 100 ft from residential. Well, it's funny [3:02:16] because cannabis retail is so highly regulated by the state with the [3:02:21] requirements for the security guards and the the security that you have going in [3:02:26] and out of those places and the number of parking spaces. They're no different [3:02:29] than any other retail outlet and probably more stringent and regulated [3:02:34] than any. Um, just to throw that out there. I know it's case by case. I think [3:02:39] the issue before was we're not sure we want a whole bunch of these in town, so [3:02:43] let's try to regulate them with a special use permit, almost like a liquor [3:02:47] license. But going down now, as I look at the bottom of the list, I mean, we [3:02:52] were only talking about these aren't just commercial zones. I can't imagine [3:02:55] anyone putting a campground, an outdoor gun or archery range, or a golf course [3:03:00] in a general business zone in Coventry. There's just not enough space. That [3:03:04] stuff would end up out in the rural areas of town, either in the two or the [3:03:07] 5 acre zone. I mean, it could be in any residential zone, but there has to be a [3:03:11] significant amount of acreage available to to build any of those. And I can't [3:03:16] see where separation to the residential dwelling for a golf course. I mean, [3:03:21] obviously, you're not going to have the holes teeing off right in some into [3:03:24] someone's backyard, but for the most part, I mean, campgrounds, they could be [3:03:28] compatible with a minimum am amount of screening. I mean, I guess it depends on [3:03:32] on how big it is and what it's going to entertain if you're going to run [3:03:35] electricity and have a lot of campers in there. But [3:03:38] » yeah, you can tell some of these uses, campgrounds, outdoor gun, archery, [3:03:42] range, golf course, these were probably special use permits in a lot of our [3:03:45] residential zones. So, I mean, while we may not be ready to turn those uses on [3:03:50] by right in residential, um, I can see where the the tool of a special use [3:03:55] permit made everyone feel safe that in the perfect scenario, these uses might [3:03:59] work in in a very rural residential area. Some of these uses don't jump out [3:04:04] as a fit in our commercial zones. >> And there and there's license [3:04:07] requirements for I know at least for the they got to come up every year for their [3:04:10] license before the town council every single year. [3:04:13] » And there was one year where they weren't renewing them. And they said, [3:04:15] "No, we don't we we don't think you you know, you got people in there beyond [3:04:19] October 1st. There were already regulations in place. They could only [3:04:22] operate from like May to October." And people are like, "Yeah, but I got my [3:04:27] camp here and I want to stay all winter." So, yes, [sighs] [3:04:33] » for their residential houses to be on golf courses then. [3:04:36] » That's right. Or you can have a golf course and they're not going to operate [3:04:40] that in the winter. >> Yeah. [3:04:41] » So, we'll see. I think what you'll see next [3:04:45] here won't just be a shuffling of uh uses from one category to another. I [3:04:50] think you're going to see Weston and Samson start to develop some initial [3:04:53] ideas around the appropriate code. That's probably where Weston and Samson [3:04:58] and town staff will be talking about details. I've kind of mentioned one of [3:05:02] the predominant uh provisions I see being applied is a separation distance [3:05:06] to residential. I, you know, if we're in a general business zone, you guys may [3:05:11] say, you know, Doug, we don't need to slap a lot of specific regulations, but [3:05:15] we do want to protect our neighboring residents. Um, and we might give you [3:05:20] guys something to reflect on um at the next meeting. The I think the idea is [3:05:26] it's hard to know how busy our next meeting is going to be yet. Um, we [3:05:29] probably we will have a major land development at a preliminary plan scale [3:05:32] at our September. We have two September meetings and so staff will kind of [3:05:36] debate maybe we put this on the agenda of either because we don't know which [3:05:40] meeting might go quicker and we feel we have extra time at the end. Um I [3:05:45] probably don't want to have Jim attend both on the chance that what happens but [3:05:48] we'll uh Western Samson's scope to come to a few more of these provide feedback [3:05:53] and uh we'll keep narrowing it down get closer. Uh last questions on any of this [3:05:58] code work. Jim, did you have anything that you felt [3:06:01] you needed to hear more on? >> No, I don't think so. I think we got [3:06:05] some good direction tonight and this is uh this is going to be very helpful [3:06:08] moving forward. Um, if we're going to try and do the two September meetings, [3:06:12] we should we should talk about how to things up. [3:06:15] » I would say we're not going to make you do both. We're probably going to look at [3:06:17] it and we may pick what's the better version. [3:06:19] » Okay. >> Um, it's probably going to be our [3:06:21] regular meeting. I picture the project we're going to see in a special meeting. [3:06:24] I don't I want to give that all the air time we need to give it. So, we'll we'll [3:06:30] we'll put some thought into it and at one of the September meetings, we'll [3:06:34] revisit with Jim here and uh we'll uh then we have October and then the idea [3:06:40] is after October, we hopefully we've gotten enough input and they're able to [3:06:44] wrap up their work. Thank you very much everybody. [3:06:48] » Next uh item on the agenda is to direct >> No, we don't need to there's nothing in [3:06:53] there we need to go over. >> Yep. [3:07:03] I'll second. [3:07:08] » No, we you know what? [3:07:21] » Yeah, right. [3:07:30] information [3:07:34] and I just want to make sure