Zoning Board - Regular Meeting

London script coffee. All right. I know I stole that from you. Sorry. Okay. Brent doesn't like me enough to print my own packet or include me on emails. Noted, Brent. I'm so used to Kelly because she asked for notepad.

We're not friends. I'm a hard copy girl. Get it.

Okay. Good evening everyone. Um, welcome to the Town of North Providence Planning Board hearing, uh, located here at 2000 Smith Street, North Providence, Rhode Island. Uh, the date is December 10th, 2025. The time is now, uh, 604. Uh we do not have a synenographer here with us today but the um meeting is being uh broadcast and um recorded uh via audiovisisual um capabilities. Um can you please join me in saying our pledge of allegiance?

I pledge aliance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all. Thank you everyone. Uh we'll start the um hearing by taking attendance. Um we can start on my right. Lou Dukio Warren Richard uh David Parenti chair Gary Erasian Steve Patassi runway again town planner Angelica Boba solicitor

all right um uh we do have a quorum for uh tonight and uh first on tonight's meeting agenda is to uh the approval of minutes from September 8th 2025 and meeting minutes from November 12th, 2025. Um, with one question, Brent, I don't believe the minutes for November 20, I'm sorry, November 12th were distributed for for a vote tonight. So, okay. So, we'll change that um agenda item to just the approval of meeting minutes from September 8th, 2025. Uh I trust that everyone in this um quorum had received the meeting minutes um distributed by uh town staff and has a chance or had a chance to review them for their accuracy. Do I hear a motion to approve the minutes from September 8th, 2025?

So moved. Uh Steve has made the motion. Do I hear a second? Second. Uh, Lou has second. And chair, just a good question. I know I missed one meeting. Was I here for the September 8th meeting? Yes. Then I went back to back. I just remember two of them. I think I may have missed one. Not at the September 8th. Yeah. Yeah. I think so. Okay. Yes, you were. Oh, I was. Yeah. Oh,

I have your August in November, but not September or October. Is that correct? Yeah, because I know I miss I just don't remember which one. I apologize off the top of my head. So, hold on. I'm going to check the minutes because I believe Gary was um present for that meeting. He not only stated that he was here during attendance, he also contributed um to Oh, you know, I do have a note. You arrived later. Oh, okay. Yeah, you did arrive. Yes. Very good. September 10th. Okay. September 8th. Okay. Okay.

Uh so the motion on the table is to approve the minutes of September 8th. Motion made by Steve Patassie and seconded by L.

Uh all in favor? I. Any opposed? hearing none. The eyes have it. The motion passes. The uh meeting minutes from September 8th, 2025 has have been approved by the board. Um uh second on uh today's agenda is an executive session uh to discuss uh pending litigation that the case number PC 2024-02296 uh Ronald Bakala Jr. at L versus a town of North Providence planning board of review at L. Um to so I believe the process to enter into executive session is um one of the board members has to make a motion to approve us to go into executive session.

Make a motion that we go into executive session. Gary has made the motion. Do I hear a second? Second. I saw Warren while you were speaking. Steve War and Rich Telly has made the second. Uh, all in favor? I roll call vote. I'm sorry. We'll start off with you, Steve. Yes. Yes. Yes. Yes. Uh, yes. So, the motion passes to move into executive session. Uh, the time is 609. Um and just for the public's aware, executive session um is not part of uh our hearing is not part of the public the open meeting pardon

the open the open the the public meeting. So we are going to just adjourn to the side room. We will be right back. Thank you. Go ahead. Welcome. dots connects that are most Yeah, that is That's what I was going to say.

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Okay, thank you everybody for your patience. The time is now 6:55. Our executive session um was concluded and just for the record, no voting occurred during the executive session. Item number three on tonight's uh agenda, the address is 4143 Maronei Street, Assessor's Plat lot plat 22A, lots 483, 484, 58, formally including lots 502, 508, 478 through 482, 484, and 545 through 550. The zone is residential general. The applicant owners Maronei Street LLC and Patriot Builders Inc. The description is public hearing remand in remand in accordance with superior court decision in Ronald R. Bakala Jr. AL versus the Town of North Providence Planning Board of Review LC CA number PC2024-02296 for further proceedings on applicants preliminary plan review dated April 4th 2024 relative to a proposed 24 unit condominium project. Will the applicant uh approach the board and state name, address, and credentials, please? Good evening.

Uh good meeting. Good evening, Mr. Chairman. Jack McGreen for the applicant uh law firm of Taft Mali, 21 Garden City Drive, Cranson, Rhode Island. Um I did have a discussion with the town solicitor. Um the uh the matter that you had in executive session um was on for tonight and um we've agreed or I asked for a continuence so I didn't have to bring my experts in tonight um to see if we could resolve this matter with the um objectors. Um, I did submit or I gave to the uh the uh the town planner a modified plan reducing the request by an additional two units and made a few architectural changes to hopefully um um coerc lack of a better word the objectives into um withdrawing their appeal. But that being said um we ask that the matter be continued. Um, I can't do January because my experts on vacation, but I could do February. I think February 11th. Is that the next?

Uh, that's actually um to be determined based on um our last agenda item, which is to set forth the schedule of 2026. Oh, but but typically uh it would be the second Wednesday of the month, which I'm assuming is February 11th. It is. Yeah. Um Yeah. So, that date works for me, assuming that that's what the date ends up being. Um but right now, the January date wasn't good for my expert. He He's on vacation. Okay. So,

I'll just need a motion to continue to a date certain, which would be February 11th. No. Okay. And do we need the applicant to um extend the I don't think it's just it's just a uh remand. So there's no I don't think there's a is there if if I need to I will extend the request is at the the continuence is at the request and applicant. So yes. Okay. Thank you. Thank you very much. So um does everybody understand what uh we are being requested? Uh if so uh do I hear a motion? So moved.

The motion is to allow continuance on the 11th to February 11, 2026. Uh do I hear a second? Warren seconds. Um we'll take a roll vote. Uh starting with uh Lou, Mr. Deluchio. Yes. I I I I Okay, the eyes have it. The um motion is accepted and we will continue um the review of the remand on February 11th, 2026. Thank you very much.

Thank you, Mr. Chairman. Okay, next on the agenda, uh we have the address 0 Manchester Farm Road, Assessor's Plat Lot, Plat 24C, lot 5, Zone Residential Limited, RL13. The applicant owner is Avanis MGN located at 4 Stephanie Drive, Lincoln, Rhode Island. The description is a public hearing request for a unified development plan review consisting of a preliminary plan review for a lot I'm sorry for a two lot minor subdivision proposing no street creation and two lot frontage variances. One being for 59.73 ft for the proposed lot to the west and 47.63 ft for the proposed lot on the east. Uh the applicant may approach. State say your name and credentials please for the board. Thank you.

Good evening Mr. Chairman. Attorney Steven Certit Sur DUT for the applicant here this evening uh tonight to request uh a continuence to your net's meeting at the last time we were here before the board. There was a request for some information. We're still going out and obtaining that information especially the biology report. Unfortunately we don't have it prepared tonight and we didn't want to come before the board in a peacemeal way. we wanted to come before the board with all of our information at one time. So with that said, I would request that the matter be continued to your January board meeting and um I will that request that the applic uh for the board to make their decision because I believe we are coming up but not past the 90-day point in time.

Okay. Thank you very much. And just be a date certain of January 14th. Yep. Okay, thank you very much. Um, do I hear a motion? So moved to continue to I'm sorry. Okay. January 14th, 2026. Thank you. Uh, the motion is made. Uh, do I hear a second? Second. Uh, Steve has seconded. Um, we'll take a role starting with Steve. Uh, how do you vote? I Yes.

I I have it. The motion is continued uh to January 14th, 2026. Thank you very much. Um, item number five on tonight's agenda is a recommendation to the town council regarding a request for a zoning text amendment to section 203 district use regulations to create a use code allowing daytime dog daycare in a commercial zone in all commercial zones by right.

Evening, Mr. Chairman. uh Jack McGreen for the applicant. I represent Smith Realy LLC who owns the property um located at 1895 Smith Street. Um you may recall I was here I think a year ago um when he requested a text amendment to allow him to put a karate school in this on this property. Um and now he's back here because he has a tenant that's interested in uh putting a a puppy daycare in the facility. Um, I did draft the language. Um, it's actually the first time I used AI and uh, I thought they did a pretty good job. But, um, so the language, um, the definition, uh, that I submitted was a doggy daycare, which is defined as a business where dogs are temporarily cared for during daytime hours. Uh, services may include supervised play, exercise, feeding, grooming, and training. This use does not include overnight boarding or veterary services which are regulated separately. All activities must be conducted in compliance with applicable noise, sanitation and animal welfare regulations. And that was the definition I came up with.

Thank you. Can you repeat um what the address of um your It is 1895 Smith Street. Thank you. It assesses plat 15, lot 218, which I believe is the uh there's a sign outside that says family family store. Yeah, it used to be the Salvation Army. Yeah, it used to be the old Salvation Army building. I have a picture if you on the tax assessor if you want to take a look up there. Thank you. Um I'll let Yeah, you know, you can I can submit the picture for the the board to review. Thank you.

But unfortunately, the use ordinance in North Providence is is really needs to be beefed up a little bit. It's it really should be addressed. And I I I know I think it's people have talked about that before, but um um you know, this is the second time my clients had to come in here for a use that probably should be permitted, but since the definition section of the ordinance is fairly limited, um that's why we're back here. Okay. Um, has the applicant read um the uh staff report regarding this um agenda item? I I haven't seen a staff report. No. Want a copy?

Sure. Are you are you referring to the last paragraph I assume?

So essentially my recommendation is to uh to beef it up a little bit to provide protection for the animals uh noise um animal waste provide criteria for that. Right. This is all interior. This is not there's no outside. It's going to be contained completely within the building. Okay. So, it's it's not there's no outside uh area for the dogs to I don't think they have run. It's all contained within the building.

Well, that that one that one location on Smith Street, your your your client, right? You're speaking for that, but right now we're reviewing a a zoning ordinance that um does doesn't have that criteria in it. Okay. Um yeah, sure. I'm I'm definitely open to modifying it. Any suggested language I I can certainly make that change. Is that in here? Is that Well, you were just commenting that there's no there's no outside area um

you want to limit it to did was it your design? I'm just I'm just commenting on on your um reference to your spec your app your um client specific address and uh business plan um to rent to a doggy daycare. You're not necessarily referencing um the language of the zoning ordinance um recommendation that's put forth towards the board tonight. Oh, in in the staff report that is that my I'm not sure I'm okay. Sorry. I'm not sure. I did this. I just saw

Why don't you just read read over the staff report? Um while I say the second page has the recommendations. They' be on the back. They're double-sided. Oh, the the bullet points. The bullet points. Yeah. Okay.

So, Brent, who would ultimately rewrite this proposal? I think he would. Oh, okay. Because I've got some comments, too. So, if I had it ahead of time, I probably would have done it on me. Mandatory licensing and inspection. Commercial. Yeah. Is licensing required in I I don't So I believe there's a state license required for like kennels and dog boarding,

right? So if that were the case, why would you have to bake that into your ordinance if it's if there's already a mandate for a license? Yeah. I I think what we could do I mean just proof so the town could see it before Yeah. Well, I think what we should say is that well whether or not it's by rate or by special permit, I think what they need to do is that before they get an occupancy permit that they need to um submit proof that they meet state requirements. Yeah. So, they could either do it then or I just wrote it in as part of this process just so we'd have the information when we made the approval. So, can I ask this of the board if it's okay? I just um Yes. Go ahead.

What I was going to ask is rather than I work I don't think it's appropriate for me to work directly with Attorney Green. If I could get a word version of this so I could just you know send it to Brent. I'll track it with my recommendation so that he could share with the board so I could rather than me going over everything right now. And then do you want me to share his recommendation? Sure. All right. Well, I'd rather first share go through you with the board to make sure we're okay with it. I think your recommendation should be discussed with the board. Yeah, that's what I'm saying.

I'm just thinking in terms of where you would put it. Probably not appropriate to put it in the definition section. We'd probably have to amend another section. Yeah, I I just put that so we could maybe tweak the definition to include some kind of language that provided um you know specifics. Um I thought we could it'd be a quicker process and we could do it at this meeting if that was the case. But if you have to revise the whole thing, I think this should just be continued. Yes, Attorney McGre, I'm correct in stating that anyone who has this type of use anywhere, not just your client, but anyone who would use this type of use in the future, would need to get permitting from the state. Correct. Yes.

And that would be applied that would be approved by the town council for licenses um at their regular meeting and the clerk would be responsible just like a dog license. Right. Right. And the clerk would be responsible to make sure all the paperwork regarding the state requirements are in order before that license is approved. Right. Right. Yep. So, I understand that I understand that there's some concerns about um specifics in this particular ordinance. I I will mention to the board and you guys can do what you want with this information that the licensing process through the town council and through the state I think would cover a lot of those issues. Agreed.

Okay. So, if you could add something brief like subject to approval of of um state licensing requirements or something like that in the ordinance. Um but I don't know about like specific language. If you wanted to do that, you guys are good, but it might be duplicative at all. I mean, along those lines, for example, item number nine says require all applicants to submit a detailed floor plan. That's all building code. Windows, vents, heating, cooling, lighting, interior and exterior doors. What does that have to do with the regulation of a doggy daycare? I mean, that safety for fire. Yeah, that's building. That's building,

but they don't necessarily require floor plans if it's if they're not retrofitting it. So, let me ask this then. If if this is Yeah, I keep going. This is entirely inside the program. Am I correct? There is no I I don't agree with that, but it is applying to it's an entire amendment to the zoning ordinance. So, there may be somebody in town that may want to put dogs outside. Yeah. Well, sure. All future dog daycare in this ordinance. Correct. We're not talking about a specific Right.

Right. Even though the even though the council represents somebody who owns a specific property as um trying to rent to a donkey daycare, what's before the board as a recommendation to the council in uh our our zoning. And right now the the way that it's being proposed to the to the board um is that the the use is going to be by right in all commercial zones. Um, attorney McMino, I was wondering what your um, and the board opinion on number one in the staff report is limiting the use to uh, special um, permitted by special use, which I'm in favor of. I just don't know how many doggy. It I just don't know how many doggy daycarees we would would actually I think that becoming very popular.

It's very popular. I get a call like once a month about it. Really? Mhm. What would we regular? Why not just as any other business? Why not buy right? I mean I respect you David but I'm just thinking I would for once I agree with you. Let the record let the record show. Um well I think it took it took two years but um by special use you'd have to come up under one of the new state ordinance you have to come up with objective criteria the objective criteria could be for noise right those those items but how would we how so why can't that just be prescriptive so that's what I was saying the definitions we just lay it out and say you know

yeah but I think it should be by right I mean it's just like any other business I mean why make it difficult just have because it's I think there's there's a high demand for it um to protect the neighbors from noise. Yeah. But that we would have prescript prescriptive criteria as you know it must for example I think you need an outdoor area maybe 200 square feet cuz someone wants to take the dog out walk it around. Uh we should maybe put a maximum cap on the number of dogs. Um but I mean this whole thing about the interior doors and windows and venting and heating.

Yeah, those were just suggestions based off what other towns are doing. So just take those into account and you can remove or add to them. But it was just a kind of it was a brainstorm to show you what's out there. Start shoot have something to chew on. Sure. Yeah. Yeah. My recommendation was to lay it out in the definitions. That's why I made that the condition or the recommended condition. So the open

I can say the hours of operation are just addressing number I happen to use a do doggy daycare and most people don't leave work till 5 and so most of dog doggy kids I've been to two different ones one in South Kingston one in naranset and they both stay open till I think 6:30 or 7 so people can get out of work that's why they're dropping the dog off is at work and so yeah I mean people might drop them off at 6:00 in the morning and they might pick them up at 7 o'clock at night so and it's not overnight So those people practically speaking, I mean they're going to close the doors at 7 anyway, I would think at the latest.

So I had some thoughts on uh Attorney McGreen's doggy daycare definition, but um so Mr. Chair, is it okay if I asked um Yes. Go ahead. Brent to email this in word document. I thought you were I thought you were continuing the the discussion. Oh, I apologize. No, go ahead. I'm sorry. I jump in. I apologize. What were you asking me? You take the lead. I'm sorry. No. What were you asking?

What I can ask is um if if if it's okay with you and the board if you could send a a word version of this to me. I would um put what I think needs to be tweaked. Give it back to Brent and then he can share with the board so everyone can see what my thoughts are.

Of Brent's recommendation and Attorney McGreen's proposal. I mean, for example, it says um in the second sentence, this use does not include overnight boarding or any veterinary services, comma, which are regulated separately. That's irrelevant. It's just it should be a period. Everything else is understood. Um you don't necessarily And the the last sentence, all activities must be conducted in compliance with all applicable noise, sanitation, and wealth animal welfare regulations. Period. But of what? Local ones, state ones, all applicable ones. I mean, you need a little more discussion on that.

Um, I I just said regulations, so that would be state, federal, local, whatever. Okay. Well, um, um, question is, are we going to impose a maximum as far as the number of dogs? I think so. Yeah, that's what I'm saying. So, there should be a little more beef to these. Yeah, that should probably if that's your concern, it probably should be based on square feet, you know.

So, it's it's not a concern. It's not a concern. It's just put the optics in so that we know if it it is again from my point of view, I'm not saying I'm represent if it is to be by right, don't let the optics take care of itself so that whatever the number is the outcome, we know what the outcome is. So, it's not a concern. It's just I think we need to add a parameter there. themselves. So, there should be uh regulations to go along with the some some type of regulation that would be baked into the ordinance. Yeah, other towns have minimum kennel sizes um one dog per x square footage. Where can you find that? Um so I I looked at South Kingston. I believe theirs was a 70 foot minimum per dog.

Oh, in other municipality zoning ordinances, correct? Not in one not in one of these applicable regulations. Not the ones I included. I believe I included a recommendation for a cap, but I didn't recommend a number. Oh, you did? I apologize. I didn't see that. My apologies if you did because I agree. I think there should be a cap. Okay. I didn't I meant to. All right, cool. If Okay.

So, if if we go down this this road where um Gary would like to take the the lead to um one completely intended bird dog. um the language in a zoning ordinance that the board will consider for recommend for recommending recommending to the council. Let's get a couple of um key items as a board here out so we can um uh provide Gary with a little um input from ourselves um rather than having Gary write it and us just react to it. So the first the first thing I would like to enter into the discussion is is with is with regards to um the the application of a doggy daycare being a a business by right in all commercial um zones in in town. Let's discuss that. Can I make Are we open for discussion now?

Yeah. I I think so. Right. There's only We've had daycare centers for dogs. I'm not using businesses. Um but we've had them in town here before and they have been before the planet board. One of the criteria was that everything be in the building. And we've had them come back to us and they want to put an outside yard so the dogs can do their their business.

Um that has always in the areas that they were doing it in, they didn't have a sufficient area for it and it would have approached them with smell and sound into the neighbors. So, I think that if inside a building we do what we we have to do, but on the outside of a building that that would be um as a special use a planning board and the uh and the council. So your your idea of making it commercial I see I see no problem with as far as the building is concerned but that exterior play area whatever you want to call it would be again by special use approved by the planning board and the zoning board.

So if that's the case then I I think it no one's going to and it's always been rejected here in town because there's no space. Yeah. And that's my point that I think if we allow the use by right but then put in a provision that if you're going to have an outside area that that's by special perm no one's ever going to come in and then then I think the dogs are going to get the short end of the stick. I think it should be part of it and we be very prescriptive. Um let's say we we put in provisions that the the proprietor of the business has to ensure that there's sufficient odor suppression, noise suppression and then who typically would enforce that? The building inspector, right? Just like anything else. If there's

So noise would be the police and then the building inspector would be probably so just like anything else that would be the criteria. So that we also have in this town now an animal control facility and everything. Um do you think we should get some input from them? Sure. That's a great idea. Of course. Yeah. That that that's an excellent idea. Yeah. So did you do that? What's that? Did you get input from the animal shelter? I did not. Yeah. Absolutely. I think that's a very good idea. Sure. Yeah. That's a great idea, Warren. Um,

but they point that I think out outdoor activity is essential for the health of a dog and that if we make that by special permit, Warren, I'm afraid people can say, "Fine, I got my doggy daycare. I'm not Why would I Why would a proprietor expose himself or herself to a special permit process? What happens if the commercial property has no if the building is built on on then they can't do it? Then they can't go outside. Then they can't outside. They're built right on the property line." Yeah. Then they can't have one. Then they won't they won't be subject to they won't they will have an outdoor. So so if an out we should we identify it must be a 20 foot setback 30 foot set.

Yeah that's perfectly fine. Yeah I think it's open yeah I think it's open for discussion. Um I'm kind ahead. So in my report I kind of I went two ways with it. So you could either I regardless I think it should be beefed up to provide more protection to the residents and the animals. You can do that either with a special use permit with specific objective criteria, which was kind of in the the body of the report, or you could alternatively accept his proposal and add to the definition requirements, which was kind of the condition I I put in. If you choose to vote on it tonight,

I think just the mechanics of it, I would suggest that at the last sentence there, all activities must be conducted in compliance with I would say there section ABC of the of the North Providence zoning ordinance and then take your bullet point and say rather than making a special use permit saying you got to comply with this section. So after you get the definition, then you have to go and meet the criteria of section ABC of the zoning order. Yeah. Section 213 is our design standards. We could just create design standards for this use from there

so that someone wouldn't have to come in here for a special use permit because all special use is now objective criteria anyway. So why not just bake them into standards in the ordinance itself? So many square feet per dog uh required lighting. No outdoor if that's what your decision would be. No outdoor uh that sort of thing. And you can spell that out in 10 or 20. Okay. To be honest, I think it makes more sense to put those as objective criteria than the design standards because the design standards are existing or based by zone, not specific use, right? Yeah. Okay. Do you see that side of the coin? Yeah. All right. Yeah.

So, if because it is it is unique. Um I'll I'll admit I I had a dog growing up. I loved him. Me and my family tried to have a dog and we had our dog for nine days and had to give the dog back because my family just wasn't not a dog family packing it.

Um and uh I am pleasantly surprised that there's a lot of interest in this type of um business to the town. Um, so I think what we're finding out tonight is that the board doesn't seem like we're ready to make a decision on what's being proposed um by the applicant. Okay. And per Brent's recommendation that if we do per Brent's recommendation based off of Gary's um uh advocating for stronger language, then I do agree with Brent that if it's if it's if it's strong language that's dedicated ated to the use then it it should be a special use. It shouldn't be by right because the zoning ordinances design standards are per zone. They're not per use.

Did I the special use permit is per use is per use. So I I I am I do follow that. Um, my preference would be because I'm just so this would end up I this probably wouldn't get passed and then my client would have to then come in for a special use permit. So now we're looking probably March, April, May. I mean, he's going to lose six months worth of rent. Um, I'd rather do if I I'd be more inclined to just ask for the relief or ask for the text amendment as it relates to my specific property rather than waiting six months to to come up with a definition that that would satisfy the entire town.

Yeah, but we have to adopt something that's for the entire town, not just specific for your client, right? You could do something specific uh location specific. So Brent, is this use allowed now? It's not It's not regulated, is it? So we don't have a use code for dog daycare. We don't have a use code for kennels. They're on the list of prohibited uses in the town. So how could we Can I ask a question though? There's a I passed by a doggy daycare. Bark Republic. Bark Republic or My Lucky Dog as it is now. That's been a non-conforming dog daycare for

So that that that's existing. They were grandfathered in when it became my lucky dog and Bark Republic existed, I believe, through special use permit. Okay. So, that's why there's one on Middle Spring Avenue. Well, that's how there is one on Milring Avenue. Um, okay. So for any So for any new uh dog daycare business to um uh to be established in town, they they they necessarily can't because our zoning ordinance doesn't recognize it. It doesn't recognize it. Kennel is the closest use and it's prohibited. So we classify dog daycarees as kennels.

Okay. Well, um I am empathetic to, you know, your your client and in in rent. Um however, I think in the in the in the town's best interest in um ensuring that our documentation for future development is um conducive for that development, we we do have to go down the path of rewriting this as a as a special use permit if the zoning ordinance exists. If the zoning ordinance's design criteria exists per zone and this design criteria is going to exist strictly because of the use, it is unique. I'd like to say it is unique that it it should be a a special use permit. Can I uh take a roll? What do you call that? Um the poll. The poll. Not a roll.

Motion and discuss. Yeah. Do I have a poll on on whether or not um the design criteria for doggy daycare should be um well yes it should be researched but should it be um allowed per special use or allowed um or design criteria set within specific zones? I think we should we should come up with we should at least discuss that first.

So Jack, just to clarify, was your alternative plan to do like a map zone change with special exceptions for the doggy daycare use? Is that what you were referring to just now?

No. No. What I was suggesting is if if this was going to take six months to go through, um I think avoiding the special use permit and just having specific criteria because even if you do a special use permit, it's going to have to be objective criteria. So if you meet it, you're entitled to the relief um under the special use permit. So, if that's the case, why not just put it as a set of criteria without having to the the landlord have to come in to get a special use to rent it to his tenant if he knows upfront just by looking at the audience or ordinance whether or not he can rent that to that tenant or not without having to. So, it would so it would be like um it would be like a supplemental regul

supplemental in the in the zoning ordinance. Yeah, we don't have a supplemental section right now, but we can certainly start one if the board

like a narro answer for a sec. For example, if you want to put a house in that has more than four bedrooms, you have to meet the following objective criteria ABC so many parking spaces. So, you know, it's not subjective. You know, it will be beneficial to the town, which is subjective. So, so all all uh special use permits now have to be objective. So, if they're going to be objective, rather than burdening the person to have to spend the money for a lawyer, which I don't object to, but bringing the lawyer in or just to rent to somebody for a thousand bucks a month, you're going to spend a couple thousand bucks on legal fees to get a special use permit. I I think it would be more efficient just to put the standards in the ordinance. Okay.

Do we have precedent for that at all in our current So, the closest thing we have currently are like um design standards. Um we have like requirements for parking areas. I can't approve a parking area if it doesn't meet X, Y, and Z. So, we could do something like that. Okay. We we have it for like institutional zones. You're required to have 5% landscaping. Um, you know, certain buffers and whatnot. So, it does exist in the zoning ordinance. Okay. Okay. I mean, I'm open to the special per, but that was kind of what I was thinking is by right with very prescriptive requirements.

Yeah. And then I guess um another factor to decide is um you know how how many um uh dog daycare projects do we do we do we want to hear as a board. Right. Because by special use permit we would have to hear every single one of them. Correct. Yes. Yes. Right.

Um and if they meet the objective criteria. We're just here to learn about that project. Maybe comment to make some improvements. And if they meet all of that, then they're walking away with a special use permit in one in one night. Okay. I think it's a fair proposal to make design criteria in a supplemental section so they don't have to see the board every time. A design criteria by right. Yeah. So they Okay. Okay. I don't know if that's going to limit the time it's going to take to adopt taking off especially that would save at least a month.

Sure. Right. You're right. Probably two months because then I you'd have to advertise and so probably three months because there's a a month right deadline before the meeting. So, right. And we make comments all the time too. So, so who knows? Okay. So, what comments do we want? I have no problem with Gary um making making suggestions. Um I I I do want input from the board though to funnel to Gary um tonight. So, um No, I know. That's why we're we're

Yeah, we're not we're not having a um No, no, no, no. I want the board to have input and the board should have input tonight. Um Steve, what what what sort sort of objective design criteria would you like um Gary to consider? And and in working with Brent, I'm sorry. Yes. Positive yet? Okay. I'm not positive yet.

We'll come back to you. Lou, do you do you have any? Uh my main concerns would be uh the neighbors uh you know the noise uh any any odor that may be coming from the uh facility. You know the neighbors really should not have to uh deal with you know things like that. Noise and odor. You mean noise and odors? And when you and when you're referring to neighbors are you referring to just residential neighbors or are you referring to neighbors in general? any adjacent property, mostly residential, but in general, I mean, you could have a food establishment right next to it.

Uh, that's commercial and, you know, could be offensive to people wanting to go in there to eat. Yeah. So, those would be my main concerns. Uh, you know, protecting the the uh the neighbors. Okay. It's a very good point. Yep. Warren, how about yourself? You you mentioned the outdoor space. What? Outdoor space. Yeah,

the outdoor space is is critical if if they're going to let the dogs up. If they're just going to be in the building, uh again, how is that is that noise going out open windows to the next door? Okay. Do you have anything else to Do you have anything else to add?

Okay. Um, so Gary, for for me and and I agree with both Lou and um and Warren, um, I think that a I think a a residential buffer should be should be considered. Um, a a distance from residential zone should be should be considered. So let's talk about soy. Is it both a residential zone or residential use as well? Residential use because we have a lot of residential and commercial zones. Okay. So residential use. Thank you for

Yeah, of course. Thank you for words smithing that. Um I I I encourage um for there to be an outdoor space. Um I encourage there to be um you know strong screening of the outdoor space from the adjacent adjacent properties um in um visual screening um noise reducing screening

um don't know how you reduce the odor um but I'm sure there's means and methods to that. I also think that there should we should consider um a time restriction for occupancy of the outdoor use. um in and you know number one to protect the dog the dogs from um being out in harsh conditions and um and also to you know limit the amount of potential disturbance that we're trying to avoid. Very good idea. um

operation. I So I'm I'm a little gray on what's black and white in Brent's recommendations versus what would be covered already in in other um in other regulations because I I I just I just don't know what I don't know. Um so I think um waste receptacle should be addressed. U, we want something that's, you know, rat proof, snowproof. Yes. Along those lines,

also uh parking. If if the dogs are dropped off at a certain time, uh we need to have adequate parking for them to be able to park, walk their dog in, and then leave. Uh and it if that's happening, you know, in the morning and at the evening hour when most people are going to work and leaving uh you know, coming home from work, there could be a a large number of vehicles looking for place to park. Sure. I would

adequate parking. Yeah, I think that would um one place I would look is to see what what type of parking um regulations we have for just regular daycare because I see that being being somewhat of a similar situation.

I think we'd probably consider a regular commercial use um one parking space per every 200 square feet. Um but we could consider a specific parking um regulation just for dog daycarees and kennels and that kind of thing. Okay. I think the outdoor see I'm really clicking on this outdoor use now. I don't um I mean leave it to the design professionals because I'm assuming that and the I'm I'm making the assumption in in the best of people. So the people who are operating these facilities and the people who are designing and and building them really have the dogs best interest at heart. But um in the event that they don't, I I I think that the outdoor facility um should be, you know, lack of better terms, dog friendly. So um less hardscape and more um uh lawn or landscapecape type uh area. Um

that won't last. No. Oh, is it all the grass would get killed? One I don't know. I don't know what I don't know. I have one dog and my backyard is Yeah, I don't have enough require like wood chips or a gravel surface and like the dog parks. Yes. So, we could consider something like that. Yeah, that would be good. Yeah, I was trying to solve the problem. I was just I should have just identified what we should be concerned about. Artificial turf maybe. Um those tend to hold on to disease. Yeah, when you wash them down.

Yeah, I suppose. Is there is there a concern with um dog walking with with the with this use? Usually that's I've never seen. Yeah, I don't think they would would walk the dogs outside of their property. or or even on their property, you know, at risk of Yeah. losing the dog. Well, the your your client, do do you know what their business operation is? Do they do they walk the dogs? I don't know. I don't think so. I think it was strictly uh bring a dog off for the day. Okay. Drop it off.

And the dog doesn't leave the pro. Well, that that that Can we can we put that in there that the dog doesn't leave the property? I don't know. Am I overthinking it? I'm not sure if that's legal. So, let me ask. So, when you say, you mean dog walking, you mean out on the sidewalk? Yeah, I meant walking in the public right away. So, zoning restricts our jurisdiction to the land, not in the right of way. So, we can't regulate something and say you can't walk something on the sidewalk. So, as a planning board, once if you're on the lot, we regulate that. Once you're on the rightway, we we lose jurisdiction. You can't zone something outside of a lot. You can't zone a right of way. That would be more of a business regulation then.

It's okay. It's okay. If we can't do it, we can't do it. I do think the hours of operation, I agree with Jack, should be a little bit extended only for people that work till 5:30 or 5:00 or so to get back to. But I think odor is a big thing. We got to be concerned with Mike's rats. I think 7 to 7 will be fair hours. Not too late, not too early. It sounds, you know, allows the people that work 9 to5 and hour four to drop off or an hour after to get there.

Okay. Anybody else have anything to add to the discussion? Um, does everybody feel like they participated in the discussion? Gary, do you feel um like the discussion was productive to your copious the task that you're Yes. I took copious notes on your animal control. Yeah. Yeah. Absolutely. Yeah. But that I I just I want I would think we would defer it to Brent to do that. Yeah.

Okay. So, what's the I think that the definition should probably be amended what I drafted at the last sentence saying activities must be conducted in compliance with the regulations or the criteria as set forth in section so and so of the ordinance and just leave it at that. And then you take all those things that you're talking about and place them in that section of the ordinance. So just leave the definition, whatever your definition might be, and just refer to the that section of the ordinance rather than putting all this stuff in the definition. It's not really definition. It's more regulatory.

Yeah, I would agree.

Okay. All right. Okay. So, I guess from a procedural standpoint, um, we are not ready to make a recommendation, but we would uh support the um the development of our zoning ordinance in allowing ing a dog daycare use in all commercial zones by right with regard that there is a definition of a dog daycare that will be edited by town staff with the assistance of planning board member Gary Arasian and that the use will be subject to specific design criteria that will be referenced in a subsection of the zoning ordinance. And that specific design criteria our board has had input on tonight, developed and written by um the planning board, the planning staff with the assistance of planning board member Gary Reian and the input of North Providence Animal Control.

And Gary, do and Brent, do you anticipate having a draft of this for board re review in January? Yeah. So, Jack said he was not available in January. Jack, would this Oh, that's Oh, Armen's not all right. my expert. Oh, gotcha. All right. So, yeah, we can continue it to January. What was this? Uh, 6th 14th. 14th. Yeah. Okay. January 14th. Yep. So, Dave, I'm going to communicate everything to uh Brent.

I was just going online and do speaking and there are I'll see if I can send other, you know, other towns have ordinances that you feel. Yeah, I looked at South Kingston. They had a pretty comprehensive design criteria. That that's that's good. I I just I just wanted to acknowledge North Province is not North Kingston in our in in open open use, you know, open land use. So, um you know, obviously the zoning ordinance needs to be written in the perspective of the um urban yet suburban. Yeah, we can use it as a a framework and tailor it to North Providence's needs.

Okay. I think um I've stated enough to say do I hear a motion to continue per the um heard the discussion had tonight in um moving forward with uh rewriting a zoning ordinance recommendation. So moved. Gary makes the motion. Do I hear a second? Second. Steve seconds. All in favor? I. Any opposed? Hearing none. The motion passes. Thank you. January 20 14th.

2014. Okay. Thank you.

Thank you. Oh, what's this? No, we did that because some Okay, number uh six. Uh no, let's go. Let's move number seven to number six. Um right, that's fine. Right. You just get a motion. Oh. Uh, can I can I have a motion to um adjust the agenda to move the documented item number seven to be the next um agenda item number six for our meeting?

So moved. Do I have a second? Second. All in favor? I

I Any opposed? None. The eyes have it. Um motion passes. Item number seven is now item number six. Recommendation of the town council regarding amending the zoning ordinance to create a use code for cannabis retailer with an associated definition and objective criteria for the special use permit. It is proposed to be permitted under. Uh Brent, I believe you are um presenting to the board for this recommendation. I'll let you have the floor. So, uh, this proposal essentially limits it to manufacturing general zones. Um, these are the the least restrictive zones in the town. Essentially, uh, they allow for industrial uses. Um, they're generally meant to kind of be away from residential uses to keep the neighbors protected from industrial kind of chemicals or um, noises, machinery. So, um there's there's one zone, manufacturing general. Um I gave each of you a map. Uh on Waterman Avenue north, uh near the Smithfield border. There is one in the Tag Drive area offet near the Providence border. And there is one located on Douglas A near the Providence border as well. And uh those are the only three manufacturing general zones in town. And then there's associated objective criteria with setbacks from residential zones, schools, uh minimum law area, uh odor control and traffic control and security concerns, those kind of things.

Yep. So, uh also just background for anyone that's watching in the audience, um there is um there was a vote for the town. So, uh, on the ballot, the town residents voted to allow recreational marijuana dispensaries within the town of North Province. So, essentially, we have to allow it somewhere within the town um because that is what the residents desire. Thank you for stating that, Brent. Brent, you found that to be the most appropriate place to put to put that, correct?

I did. Yes. uh it keeps it away from residential zones the most that we can in town. Um most of our commercial zones directly above residential neighborhoods. Um so these are kind of the the most rest or the the least restrictive zones in the area as far as uh allowing uses. So they'll be surrounded by essentially industrial uses um not residential zones or commercial zones. Um, and it'll keep it away from schools and churches and um institutional uses. All right, Brent, thank you for that. Um, do we have any questions for Brent?

Gary. Yes, sir. Surprise. I saw your hand. I saw. Um so first question this is just retail not manufacturing or cultivation. So we consider cultivation of farm use or agricultural use and you're required to have five acres or more to farm marijuana plants essentially. So um that is not part of this proposal. All right. So that's what I want to say is I just want to make sure that the proposed ordinance is to regulate strictly retail. Strictly retail.

Okay. So first suggestion is where it says section two cannabis retailer. I recommend we insert a word that says a business that deals with the commercial retail of marijuana. We should insert the word sale that with the commercial retail sale of marijuana. Yeah, we can add that. Angel, where you going to put these up? So, right over here. Where are you? So, where it says cannabis retailer, a business that deals with the commercial retail sale of marijuana products. Insert the word re uh sale. Okay.

So, let's go down to I want to just compare A and B right now. A says requires a 500 foot buffer. B says the structure in which the retail is located. So um I think you want to use the consistent language. Mhm. So yeah. So um so requires a five so you want to rewrite that. So you so first of all it shouldn't say the structure. So the retail establish. So a where is before the words requires 500. It should say the retail establishment shall be located no fewer than.

Mhm. Because if you say requires 500 that means it has to be 500. Yeah. So I would say the retail establishment shall be located no closer than 500 ft. um from any now this says schools now it says churches I don't think we should say churches it should say any religious institution because if if a church does not include um a synagogue it doesn't include a temple doesn't include any other worshiping place so I think we should say instead of churches any religious institutions

yeah that's a good change how about um Gary just to step back schools is schools too general Do we need to? Um, so good point. I was thinking whether or not there should be public schools or or if you should just be schools in general. Just schools in general. And the state requires 500 from any school. Yeah. So that's why I didn't want to split here between public and private. So yeah. No, I was I was thinking of the difference between um a um oh like an automobile school a level Yeah. level of school whether so we want to say an educ Oh, you can't even say public ed educational because uh for of higher education well it could be an elementary school I think any school

yeah I think schools is pretty common language you guys like other ordinances think criminal ordinances regarding firearm possession things like that I think that's going to be pretty well defined as a broad because otherwise it can go on and on with the yeah okay right so if for how about daycarees are including doggy dayare. That's ex excellent. I said given what we just discussed tonight. So I would and rather than saying or daycares I would say and and yep

and I would say and child and adult daycare because I thought a doggy and they shouldn't include that as a daycare. So I would say the retail establishment shall be located no closer than 500 ft um between the structure and any schools, religious institutions and child andor adult daycarees. Um the the property of or the um you got an extra question that I wrote here from the property line or from the building. So, um, Dave, can we hold that though for a second? Let's do B as well because then we could apply the same language whether it's the building or the lot.

So, it's going to say the retail establishment shall be located no closer than 300 ft. Yeah. From any residential. Right. So, now the question is is the is the word is it it says residential property line. Should the question be from any reg any residential use? Yep. or property line because if it's the use well right so here's here's a residential property near the use by saying it from the residential property line is way more restrictive than if we say the use so do we want the property line I think property line property line okay the property line okay want to include that as well

so that's why so that's why I said let's get the fundamental then we could go back and talk about whether it's the property line or the building and I think the consensus is that it's the property line, not not the building itself.

All right, I agree with that. Um, and my other question is if somebody wants to open up a 40,000 square foot retail, should we maxim put us a limit that no retail establishment in Shelby greater than 500 gross square feet, no more than 3,500 gross square feet. I think we should put a cap on the size of the structure. I don't know where to start with that. I don't know um how large a retail

would that interfere with their property rights if if they're meeting the setbacks. I mean can't and we don't have any like uh building like an arbitrary structure size that you guys would choose. Well, if I may in in Attboro we we adopted such an ordinance and we cap it at 3500 square feet and it's never been challenged. It's never been challenged. Well, we we've we've got about 10 of them. How long have it has that ordinance been in effect? Since the legislation was passed by the the legislature. I'm going to say you 2017 2018. Yeah.

Yeah. So again, folks, if you don't want to adopt, that's fine. I just to answer your question, which is a valid point, is the city of Ador has it. We there is a cap on the size of it. So, um just a thought and that's not the that's not capping the structure. That's capping the actual um ro area of the of the footprint of the footprint of the of the No, not of the structure because this technically could be in a structure within a man this this this retailer could be within a manufacturing building. Yeah. And it could be just a part of it. So, they pop up in mills all the time. Right. So on that note, yeah,

do you want it a standalone building or part or that it could be part of a larger building? I don't know. I think my gut reaction is it would be either or and we should and if we put a reduction on the square footage. We we need to um have language in there that doesn't differentiate the square footage between a tenant and square footage of a standalone building. It should just be the square footage of the use, right? Yep. Okay. Um,

would it be like the commercial floor space or total including all like No, just the commercial floor space of the retail marijuana establishment. The commercial floor space. So they could have a storage room that Yep. is outside the commercial floor. So again, the the cap establish includes everything. The vault area. Yeah. No, that's everything. Yeah, that's what I would recommend.

Yeah. and and I would recommend that that cap is is of everything whether or not it's within a building, an existing building that has more square footage than the cap and it's and that cap also relates to a standalone building. Yeah. Okay. What that number is, I I have I have no clue. You're recommending 3500 square feet. I'll do this. Um let me check tomorrow. It's either 35 or 5,000 square ft. I I will call Brenton tomorrow, give you the number if you can take it from there. How's that? Yeah, absolutely.

All right. Um, three other very quick points, folks. Okay. Um, do we want to preclude deliveries so that someone who's going to buy the cannabis, whether it's to in whatever form it is to go there and buy it and leave or are we amendable to Uber pickups where someone goes and picks up and deliver or the company itself? or drive-thru. There is that drive-thru in Pucket off the highway that you see driving down 95. That's a good point. We should address drive-throughs and delivery.

Yeah. So, so let's take So, let's take drive-thru for us. That um that's the retail establishment shall not um shall not be allowed to have a uh a drive-through window. And then the deliveries, whether someone sends an Uber there or the company itself, um I it's really funny the one I think it's just called weed. Uh that they can't have a delivery service. You have to go and pick it up.

The reason why I say that, I think if you really want it, you got to go get it because if it's a matter of dial, pick it up, you're going to get create a lot more traffic that way. Correct. I'm not in disagreement, but I have a question for you. When I brought up, do we should we talk about um doggy daycarees and whether or not we should consider limiting walking the dog? We can't we couldn't um restrict use of a public way. Sure. Because because of the size of the parking lot. So if you got um 30 cars going into the parking lot for say Uber and their own cars leaving the parking lot. Yeah.

And then you got customers who are just going there on their own to pick up, you're going to have a lot of traffic. So to reduce the amount of traffic that would utilize the parking lot, if you just restrict it to employees um and precluding delivery or pickup, then you're reducing the potential number of vehicles utilizing the parking lot. Could someone park on the street? Absolutely. So I'm not saying anything about precluding parking on the street. So I'm just saying so to prelude an overuse of the the parking lot. I think the lack of drive-thru would reduce the uh amount of come and go traffic and the volume. They're able to do more volume if people, you know,

can drive through fast food restaurant. That's part that's part of the equation. Yeah, because you know, but I'm just again I don't know if we can do that. What? Restrict deliveries. Again, just just so I don't like it. You're talking about deliveries, a delivery service as in um like I'm going to pick up the phone and order my stash and and and somebody is going to either be at that establishment and drive say Door Dash. I could call Door Dash or or a third party vendor come and pick it up. Yeah, that's one. Or the company itself has its own fleet of vehicles. Correct. So So that you're talking about a delivery service to the customers. Correct.

Not a delivery service. Not a not deliveries to the building. Oh, yeah. I meant to the customer. Yeah. They would have to have deliveries because they're not allowed to grow on site without 5 acres. No, I know. I understand. This is just clarifying what what Gary's talking about. I apologize. I thought it was implied. Yeah. It's the customer. Okay. Good. Good for for clarification. Yes, sir. Again, I don't see the difference between between that scenario and and us not being able to restrict um the dog daycare from walking the dogs.

Sure. So, um we so anyone could take a dog and walk it outdoors because it's not on the because that's not a use, right? Because it's in a roadway. That's not a use. The use here would be the parking lot. You do we do regulate the parking lot and the parking lot has to be what is it? One parking space for every square feet. Yeah. So you're So you're saying the parking lot is the parking spaces in the parking lot. You want to regulate those spaces to only staff and um customers who are parking to enter the space to do the actual retail in the building.

Correct. as opposed to Uber and just staying in the parking lot and now you're gonna get I I understand how you're wording it. I get it. Okay. Sure. Yeah. No, I think that's great. You're smart. That No, that's clever. Okay. Yeah, it is. So, I think between that and your thought clearly, I didn't even think of the drive that that would again cut down on the amount of traffic and congestion

on the lot. So again, how you want to word it, to prelude a drive-through window and to preclude um deliveries to customers. I just I would leave it that that that the retail establishment um cannot make deliveries um whether you know from its own service or other third party um services like I mean you don't want to say Door Dash remember that's a specific brand but you you you get what I right yeah okay delivery service question again

to preclude the use of cannabis on the premises So, you can't get it go in your car and use it there or use it in the store. You have to take it off the premises. I mean, once you're on the road, it's on you again. Um, again, and here's why. So, you take you get the cannabis, you go in your car, and I know we're preluding it that you can't be within a distance of a school or anything, but a group of kids are walking by and you're in the car lighting up or you're eating. So for that again just a little more restriction um that the use of cannabis in any form is expressly prohibited to be used on the premises either within the building or the parking lot.

If we could do that that'd be great. I think we need to be careful members of the board to overregulate people's rights as people and businesses rights to on private property. What is and is not allowed on their private property. We do that all the time. What are we talking about? I understand that people can smoke marijuana on their private property and that's legal. But correct. But not on commercial property. Commercial property is not theirs. Why would that be theirs? Well, because they don't know the dispensary, right? Allowed on if someone comes to my place of business and I allow them to smoke marijuana.

But like are is alcohol allowed to be drank in the parking lot of stores? Right. Even firearms, right? We can't go buy a firearm and use it in the parking lot. I know a lot of laws. I'm just I don't either. But I'm saying I would just be careful with making sure that these laws are these regulations are consistent with how people's rights are in general with smoking marijuana in general. Can I can I say that that would necessar that that would fall under the the council's review? Yeah, you can say that.

Okay. So that's what I was going to say is as planners Yeah. Again, we're planners and we're saying that that in the best interest of the town from a planning perspective, I would submit if we would submit that up to the council once the town council gets it, it's probably going to refer to you and try to and test Anthony and test the legality. If it doesn't pass the legality, then fine. But I'm just saying as planners, I'm forgetting we're doing just a recommendation to the council. Okay. How about the people who

bringing that up? How about the people who the order of marijuana affects them in a negative way, makes them ill, nauseous? How about those people's rights? What's your point though? What's the rest of the My point is basically uh I agree with you that you're limited to smoking on the establishment outside the establishment because there may be people walking by sitting near and and

and have to smell that. So take it someplace else where you can or if you're on the road in which case we can't regulate lane use in a rightway then then you're so all we're controlling is what we can control. What we can control is to preclude it on the premises then the laws apply to anything else outside the control that we have.

Yeah. I feel like I've seen liquor stores with signs like no drinking on property. I feel like you can do that, but like would a um would a public I guess it wouldn't be public. It would be open to the public commercial establishment fall under that public prohibition that the state law requires where you can't use it in public or or no I don't know the law. I don't smoke. So like what does the state deem a public area that they prevent the use in? Would a commercial establishment qualify as that?

Yeah. No, it has to be like a government building school. Yeah. And my last comment is uh on J on the next page. Um the very last line where it starts with the word property, it says from all residentially used properties. That means the entire town. So I would say from all abuing residentially used properties. Oh, an I an eye gap. Yeah. And the other reason why too a budding because let's say you're across the street.

Yeah. Yeah. You don't want to put up a 6ft fence and a royal on your front lawn. Then you'll never see the traffic. I mean, you couldn't get out of your driveway for Yeah. Right. So, I would say in a installed to screen the property from all abuing residentially used properties. Right. Those are my comments. I thank you, Gary. I specifically like Hey, is it the one with the sign? Yeah. Yeah. Yeah. Oh, yeah. We don't We don't want that mother earth signage. Absolutely. Yeah. That's not a good thing.

Those are more comments. Does anybody else have any comments to add um to the discussion? Well, my only concern uh involves the youth. Uh I know we said it couldn't be near any schools or any daycarees, but I mean our our young people go to more than just those two places. They they go to, you know, ball fields. Uh they go to Yeah, I think that's a very good point. Maybe,

you know, I know even like there's that Miller's uh where you see the the kids doing gymnastics. Uh you know, I mean there's a lot of places, you know, YMCA's, boys and girls clubs. I mean, things like that. Should we be protecting the youth beyond just the uh the schools in the daycarees? So, I would add parks and playgrounds. Parks and playgrounds. And then there's another provision again folks I hope you don't mind me when I interject this that the ordinance in the city of Ador also says and any place where um I don't know if it says children or young adults where they congregate and then minors congregate. Yeah. And then there's a definition of that and there's a definition of that.

Yeah. Yeah. So I would at least write parks and playgrounds something like that. And then I would say where um I don't know where children congregate. Yes. you know, beyond just school. Yeah, because you could have a arcade. I know those oldfashioned, but let's say you have one. I know. Shut up. Remember those? Remember at the Lincoln Mall? We all used to hang out there and go to the arcade. The dream machine. So, I'm just saying if you had an arcade, for example, or you know, you have these uh hobby shops now where kids go and play these virtual games, right? Absolutely. It's not any one of those that we listed, but it's an area where young children congregate. And so, again, that's a very good point. And I would add parts to rate again to the board.

So the town council's reviewing this tomorrow. Is this something that would have to be complete in draft form before tomorrow when they introduce it? So yeah, if we could work on it tomorrow morning as amended. I think we should list the amendments again one more time in the motion. Um and then the draft ordinance would be approved as amended uh and then sent to the town council. And if the planner wanted to voted on

voted on, thank you. And then sent to the town council. If it if the vote is approved, the if the vote is approved, I would suggest the planner write a maybe a short memorandum to the town council stating some of the reasoning behind the planning board's decisions and putting these um uh restrictions, I guess you could call them, in and make the town council aware that they were like just kind of brainstorming planning and and that it's just a recommendation. like they know it's a recommendation, but just kind of let them know where they the planning board was coming from in these recommendations. So, do you think I should draft a full new ordinance with their recommendations or give them this ordinance with a recommendation?

Give them the ordinance as approved by the planning board only. Okay. Yes. Yeah. Because that way, you know, you have to say how does that word where does that word go that? So, I would do like a track version of it. So, is there a public hearing tomorrow night? It's a ordinance committee meeting. Uh there it's not a public hearing. Yeah, they're making the announcement. They're not they're not doing the public hearing. That's when the public comment period opens for 15 days and then after that they're going to hold a public hearing and but it would be as as approved if approved by the planning board would be what would be sent to them and no need to have the original ordinance involved. Okay. So, we're going to recap or do we everyone get all these?

Yeah. So, if there's a if there's a motion that's going to be made, I would just recommend whoever makes that motion include those changes. Probably you. Yeah, you got them all. You want me to list them all? You have them? Yeah. All right. Okay. If you just for sake of clarity. Yeah, that's fair. Okay. So, I make a motion that we recommend the town council the adoption of the proposed cannabis retail ordinance subject to the following list of proposed amendments.

And those amendments would include Oh, so want me and then we'll second. Okay. Yeah, sure. Okay. So, yep. Sorry.

That's okay. No, no, no worries. So, the first one is um where it says section two, Brent cannabis retailer to insert the word sale. So, it would be a business that deals with the commercial retail sale of marijuana. The next one would be under the section 331 point I guess 31 period cannabis retailer starting with letter A that the retail establishment shall be located no closer than and you know then you can take out the words like buffer in between all that happy stuff. Okay. So that the retail establishment, the retail marijuana establishment shall be located no closer than 500 ft from any school, religious institution, child daycare, adult daycare, park, parks, playgrounds, and any other place. I don't know if that's a good word. Where children congregate.

Location. Any other There we go. Any other location where children congregate. Um and that that from the from the as measured from the property line. Is that the property line of the establishment and the um other uses? Correct. Yes. As me as measured from the structure. No, not the structure to the property line of the other. from the property line of these uses and the property line of the retail establishment. Property line to property line.

Yeah. Property line to property line. So the next one would be B, Brent. um that the retail cannabis establishment um shall be located no closer than 300 ft from any residential land use as measured from property line to property line. So if we say property line to property line, is that clear enough to say between the retail establishment slot and the where the lane use is established? I think so.

Okay. Property line and property line. Okay. Um that deliveries are precluded to customers. That deliveries to customers are precluded that there shall be no use of the cannabis product in any form on the premises that a drive-thru that no drive-thru window is permitted and the last one on letter I Brent um to insert the word abuing where the last line says property from all residentially It will say property from all abuing residentially used properties.

I think that's everything folks. Wow. Oh, and the size. In the size. And then uh no such retail cannabis establishment uh shall have a so you can say that the retail establishment shall have a maximum gross floor area of and I'll get you the number tomorrow. It's either 3500 ft 5,000. Yeah, that's the last one. I'm sorry. I'll call you tomorrow morning. Yeah, but you may not have to.

Oh, Warren's doing a little homework. Oh, there we go. There you go. Is that the ordinance? Oh, thank you, Warren.

Yeah. What did I think of that? with AI and Google, you can get anything. Yeah, it's either 5,000 or 3,500 square feet. I'm not seeing it. I see that you restrict the hours of operation. Yeah, we just increased it to uh Oh, the hours operation already. No, municipal, state, or federal property. Well, I don't want to go crazy, so that's why we have a motion on the floor, you guys. Yes. Is the motion seconded?

Second. Second. I can't call it up. It won't come up. All right. Yeah, I couldn't. It wouldn't come up. So, folks, like I said, it's either 3500 square feet of five and I'll give that number to Brett tomorrow. So I think the language of the motion for our stenographer would be with the square footage maximum to mirror Adel Burough's ordinance to be determined tomorrow and it's gross gross floor area gross floor area but just so the board is aware of what that number would be. Okay, we have a motion on the table. Do I hear a second?

Second. Steve seconds. Um take a roll starting with Lou. I I I the um motion passes uh for a positive recommendation as edited in the discussion. Thank you. I got to call you. I don't know if you guys know but we got cyber attacked like three weeks ago. had a problem with it. Uh, so we still don't have email. We just started getting everything back up. So I can't email you a call.

Apologize. Okay. Um, item number seven is discussion of formulating a disclaimer regarding submitted documents. Uh, we have a draft language for late document submitt to the planning board. Mr. Clarify. Yes, you do. And you do.

Members of the board, this was requested by you all at the last meeting and there was some details that the board requested be put in place to prevent uh applicants from submitting documentation late and and the board feeling as though there wasn't enough time to properly review that. So, I drafted this language to be put on the agendas and to be communicated to potential applicants so they're aware of the board's uh feelings towards this and powers um and can expect what they should be expecting if they submit documentation that is late. I did use some language um such as the board reserves the right to continue the matter. Therefore, you guys don't have to continue it if you don't want to. Give you guys a little bit of discretion as to how you want to proceed. Um, and did a seven-day back date period.

Question. Are those seven calendar days or voting days? Uh, calendar days. Thank you for clarifying. I can we can add that. That's what I So, it's clear. Yeah. Yep. We can add that so it's clearer to the to the people reading it. Thank you. Thank you for preparing this. Of course. So my only question is in the first paragraph it says adequate opportunity in the second paragraph it says sufficient time I would think if we want to just say the same language and so that it should say allows board members sufficient time to review the materials here just so that it's consistent language

if that's if that's how rest of the board that's of course I agree yeah perfect and we'll add calendar days. Is that is that Yeah, that's right. Yes. I think seven calendar days is is fair for both the applicant and us. Absolutely.

And I absolutely love the flexibility that um the board has in this and I extremely happy about the the fact that um the if documents are submitted within seven days of the hearing the applicants at his own at at their own risk. Can I just offer one more edit in the second paragraph because the first one says you got to submit it within seven you know prior to seven days. The second one says so I would say please be advised that if materials submitted just insert the word if because then it because if you don't then it gives you two options. one that if you submit it, one if you don't submit it this way that you're putting we're putting them on alert that you know doesn't stop you from submitting anything because you can but if it is don't don't have any expectations. So I would think if but again that's for the board. So again please be advised that if material submitted fewer than seven days blah blah blah

you if materials are submitted right? Yep. Okay materials yeah are submitted. Yeah you I didn't see that verb. Do I hear a motion? Do we have to vote on this? Is that how it's on the agenda?

It's not a It's not a voting item. So, if you guys have a consensus on that, then um we can go ahead and implement it. I would just have some I would just like some type of consensus as to where the board is standing on that. I agree. Everybody good with that? I agree. Yeah. Okay. Agree. We'll start implementing that at the next agenda cycle. Excellent. I'll title them for the next new calendar year too. So, yeah. Perfect. That that was a great idea board members for suggesting that. That's going to help you a lot in your decision- making. Yes. Um, last but not least,

uh, do I have a question before we get to last but not least. Um, Brett, has there been any progress with our our request for um, uh, individual town emails? Yes, I did send an email out a few weeks ago. I checked with Ralph to Okay, you sent an email to Yeah, to all of you. So, they cost money and we don't have it in the budget, unfortunately. He recommended that each one of you set up your own private free Gmail account, which wouldn't be regulated by the town. It cost money, but they're free. Yep. We could, you know, separate your planning from personal emails. Yep.

So, I Gary actually already did that. So, um if any of you want to set up a planning email, feel free and we can start using that. Well, it's actually my personal email address, so Oh, is it? Yeah. Okay. What's the fee, rent, do you know? I think it's $15 per member per month. So, it Yeah, it's like uh $1,500 a year to have just for this board alone. Yeah, save money by just mailing us the packets bucks a year.

Yeah, I did the calculation. It's like just shy $1,500. Is is it because it it actually I'm assuming it there's a fee to it because there's subscriptions and it's the go and the.gov is what you're paying for. Oh, okay. Well, thank you for that update. So, it'll be then the board each individual board members personal decision whether or not they set up a separate email address strictly for uh planning board business. if they that board member chooses to do so, please um notify Brent and then Brent, I think you could distribute that email.

I'll just start using it to send the packets out. If anyone requests your email, I'll give them that email in the future. Okay. Okay, great. Um item number seven, uh voting of officers and meeting scheduled for 2026. Um are all the officers still up for their role or so what do we have for officers? So J's chair, Warren's vice chair, and I believe Steve's the secretary.

Do you want to be vice chair, Warren? Well, let's how about how about we start off with with the chair. So, I I um have enjoyed my role as chair this year. Um I think we've done a great job as a board um in our discussions and our um questions to uh applicants. I think we've done a a good job at um educating the the public um when they're here. And tonight is a testament to our um rigorous uh um effort in in doing our best to ensure that the language uh that we are the language of the rules that we have authority over is strong and puts us in a good position to um review projects, render decisions and um and so on and so forth. forth. So, um I would like you to remain chair. Um I don't know where you were going with that, buddy.

You scared me a little. Yeah, really. Yes. I was getting No, I'm sorry. I thought you you I thought you were going to say I'm I've enjoyed it, but No, no. I I would I would like to say to stay to remain as um this board's chair if you uh should choose to vote me to be to remain chair. So and this is how what's the term? It's a year, two years, five years. One year. Yeah. Every year we vote on you. So question from parliamentary. Do we first nominate and then Right. So okay. So I nominate David Perth to be um our chairman again for another year. Thank you. Second that. Thank you. Any other nominees? Nope.

Okay. Okay. Vote. I All in favor? All in favor? Do I say it? I huh? No. Do I call for the vote? Yes. Nominations. Okay. So, I nominate All you Sure. I should all in favor of um of David Parenty serving as chair of the North Providence Planning Board say I. I. Any opposed? Hearing none. Thank you very much. Motion passes. So now do we vote to elect you because we nominated you. So you That's good. Okay. Okay. Gosh. Want to lock want to make sure we lock you in Dave. So So then

All right. You can go for the nominations, nominations for vice chair. And I would like to give the existing the current vice chair an opportunity to speak prior to um any other board member.

Well, I've been there, done that. Uh it's it's been a pleasure being on the board. It's a part of my civil duties and every citizen's duties to be on a board and work with the town or with other nonprofits or the like. Uh I'd like to give someone else a chance and um at this point I'd like to nominate Gary as vice chair. So, I'm grateful, but I don't know if I'm ready for that to be quite honest with you. Um, I'd like a little more time. I enjoy my tenure with the board. I'd love it working with all you folks. Um, and I appreciate the respect, but I don't know if I'm ready just yet because I'm still learning. I'm learning quite a bit from you on how you run your meetings, David. Um, I just think I need to brush up on the rules and regulations a little bit more. Um, and understand the procedures in Rhode Island a little more. So, I I I appreciate that, but um I I think I I'd like another year on the board as a board member to really get a good grip on things. And I've asked Brent a number of times it's on me that I want to come down and uh discuss procedure a little bit more from him and I just haven't had a chance because of my workload. Um so, Warren, I sincerely appreciate that. Um but I think I'm going to decline at least for this year and then maybe we could revisit that next year if that's okay with the with you and the board. I'd like to ask Warren to stay on another year if you'd consider it, Warren.

Well, I see no problem with it. Uh I've been in Boy Scouts all my life and um the first thing they they tell you as a scout master is look for your replacement. And um one of the other things they always say that if you don't want to be the scout master, you make sure that he is happy and content. So as long as we have a happy and content, I don't I would not have that much to do except if uh something comes up and you can't make a meeting or whatever. Um I would do it one more year. Okay. So, you feel like you um in the event that because in the event that I'm not here, you serve as chair and you feel like um and you believe that you have all respect the the capacity to serve as chair in the event that I'm I'm not here. Okay. I just wanted to make sure that you have that.

Okay. I've been chairman twice before. So, Yep. Okay. So, you accept the nomination. You accept the nomination. Okay. Um okay. So the um Steve has nominated Warren to serve as vice chair and Warren has accepted to serve as vice chair. Uh do I have a second for the nomination and then we will go into a vote to vote Warren in. Second. Gary seconds. All in favor say I. I.

I. Any opposed? Hearing none. Warren congratulations. you're vice chair for one more year. Um the next officer is uh to vote a nomination on is um the secretary. Steve, you have been secretary for this past year. I'll give you the opportunity to speak first. Yeah. No, I I appreciate the the uh job as secretary and be glad to serve another year if the board wants me. Okay. Thank you, Steve. Do I hear a nomination to nominate Steve as our secretary? So moved. Gary makes the motion. Do I hear a second? Second.

And second. So Steve is nominated for the secretary position. We will take a vote to nom to elect Steve as the secretary. All in favor say I. I. I. Any opposed? Hearing none. Eyes have it. Steve, congratulations. You are this year's secretary. And then finally, we have to review our meeting schedule for the year 2026. Um Brent are the dates that we see here uh on the agenda u maintaining the second Wednesday of every month.

Yes. Um I believe November there is an issue with believe it's Veterans Day um being on the Wednesday our planning board meeting is proposed. So we'll have to either do a day after a day before that week or the week after or the week before. So, I figured I'll leave it up to you um to make sure we can get a quorum. When does the zoning board meet? The third Thursday of the month. So, usually a week and one day after the planning board, but sometimes depending on how the day falls, it's the day after the planning board meeting.

Excuse the alternate uh alternative date here, November 14th. That's a Saturday. Yeah. I don't Is it? Yeah, it is. Did I get the the date wrong? Yeah, it's just Saturday. Yeah, it's fine. Yeah, because if the 11th is a Yeah, that's true. Wednesday. Okay. Um, so so let let me ask you this, Brent. It the the the weekend. No, it's a Saturday. It's a Saturday. The weekend a day buffer between our um or time period between our meeting and the the zoning meeting. Is that is that by design? Yes. Okay.

Gives uh gives me one day to get the recommendations out and then the zoning board one week to review. Okay. So, I would suggest we either have that all to and and it's a it's a town holiday, correct? Yes.

Okay. So, I would recommend either selecting the the Tuesday before, which is the 10th, or the the Thursday after, which is the the 12th. Um, I mean, if we stick with the 10th, then you get to enjoy the holiday the day after, and you still have the day and a week to do your um staff responsibilities for the between our meeting and the zoning board. Um, and if we select the Thursday, you lose a day. Um, I really don't know what I have going on on November 10th, 2026, but um, that would be my recommendation.

The Tuesday? Yeah. Yeah, that actually works for me because if if we go to the 12th, that's the second Thursday. Um, the Admiral zoning board, which I attend those meetings, they meet every second Thursday. So, I know I won't be able to be here. Okay. The 10th is council night, but town, but um well, that's a Tuesday night. Sometimes I go, sometimes I don't. It depends. So, if anything, I'd prefer the 10th because I know I can't be here the 12th. So, I prefer the 10th, too. Okay. Um if the in the event that I am not here, I'm going to ask our vice chair what his Thank you for

I just want to tell you my available. So yeah, I'm not trying to impose it on anybody. No, I got it. No problem. With the with the 10th Yeah. November 10th, Tuesday. And then how about Friday? I mean, December. Why? Well, there's no date. Oh, there's no date. Warren, look at Warren getting type on the date. There's no type. There's no date. December. Second one. The ninth. I have a mistake in it. It's the whole month. The whole month. So that would be the ninth of the ninth. But yeah.

All right. Do we want to do a just a run through now? It's the All right. Let's just go through make sure. All right. January 2nd Wednesday is the 14th. February 2nd Wednesday is the 11th. March 2nd Wednesday is the 11th. April 2nd Wednesday. 8th. May is the 13th. June is the 10th. July is the 8th. Day after my birthday, everybody can get me something nice. August 12th is the second Wednesday. September 9th, we're good. The 14th for October. Brent is correct. Um, Veterans Day is the 11th. We move that to the Tuesday the 10th and then December 9th. Okay. Okay. So, I guess the motion would be to accept the calendar as presented with the edits of making November's uh Tuesday the 10th and uh clarifying December's meeting being uh Wednesday, December 9th. Do I hear a motion to um accept the proposed schedule as

move? Um sorry, Steve makes the motion. Do I hear a second? Second everybody seconds. All in favor? I I Any opposed? Hear none. The schedule is set. And do I hear a Is that it, Brent? That's it. All right. Do I hear a motion to adjurnn? Okay. Motion is made by Steve. Do I hear a second? Second. Blue seconds. All in favor say I. I. I. Any oppose? None. Time is 8:44 p.m. The planning board hearing is now adjourned.

How many vacancies do we have on the board now? One. We have Yeah, we have one. There's seven on the board. I'm signature for Okay. Usually I'm supposed to be in that. That's true. Yeah, you get like those little Oh, is that usually your spot? Yeah, it used to be like over there. It look really funny. Um, you want to call me get that ordinance