OLD BUSINESS

Consider, Discuss and Act Upon 2023 Land Use Legislation Amendments to the Zoning Ordinance and Subdivision Regulations.

a.     The Board will discuss the legislative amendments with staff and the Town’s planning consultant.  

b.     The Board may vote on certain aspects of the proposed amendments.

c.      The Board may make a recommendation to the Town Council on adoption of proposed amendments.

d.     The Board may continue the matter for further discussion at a future meeting.

Ashley Sweet, Project Manager with Weston & Sampson, reviewed the proposed changes to the existing Town ordinances to comply with the new State requirements.  Ms. Sweet stated that Weston and Sampson developed templates for new code language from the State law which has been vetted by RI Housing and the attorney who drafted the legislation.

Ashely Sweet reviewed proposed changes to Article 6 “Supplementary Regulations” stating there is a new Section 6.11 which defines and enables land development projects.  Ms. Sweet stated that what is missing is a policy on granting zoning incentives.  The Board was not in favor of putting in any additional incentives.  Ms. Sweet recommended that all amendments be reviewed by the Town Solicitor before adoption.

Joseph Rotella made a motion, seconded by Al Nani, to recommend the Town Council adopt the proposed ordinance amendments to Article 6 “Supplementary Regulations” being subject to removal of section C and the Town Solicitor’s review.  The vote on the motion was all in favor and the motion carried.

Ashley Sweet reviewed proposed changes to Article 4 “Use Regulations” stating there is a new section on adaptive reuse permitting at least 50% of existing gross floor area and a density provision of no less than fifteen dwelling units per acre.

Joseph Rotella made a motion, seconded by Al Nani, to recommend the Town Council adopt the proposed ordinance amendments to Article 4 “Use Regulations” subject to the Town Solicitor’s review.  The vote on the motion was all in favor and the motion carried.

Ashley Sweet reviewed Article 10 “Administration, Enforcement, and Relief” stating they modified the existing language to meet the state law requirements for the process by which a Zoning Official can grant a modification up to 25% of dimensional requirements which was formerly an option but is now mandatory.  Ms. Sweet stated there is other legislation which grants an automatic reduction of dimensional standards if a lot is substandard in a zoning district and cautioned that there is nothing that prohibits someone from getting an automatic nonconforming lot reduction in dimensional standards and then get another modification of an additional 25%.  Ms. Sweet suggested adding subsection f. any lot that receives a dimensional reduction under Section 3.4 is not eligible for modification under these provisions.”

John Yoakum made a motion, seconded by Joseph Rotella, to recommend the Town Council adopt the proposed ordinance amendments to Article 10 “Administration, Enforcement, and Relief” subject to adding a statement concerning the option of modifications for dimensional relief restriction and subject to the Town Solicitor’s review.  The vote on the motion was all in favor and the motion carried.

Ashley Sweet reviewed Article 3 ”Nonconformance” stating there has been lengthy discussion on the interpretation of the calculation outlined in the second paragraph but suggested adopting the language as written. 

Jim D’Ambra stated the legislative intent of the new legislation is for the Zoning Ordinance to be in conformance with the Comprehensive Plan but that a lot of these proposed changes are inconsistent with the Comprehensive Plan.  Mr. D’Ambra questioned whether this allows the option for the town to challenge these amendments based on their being inconsistent.  Michael Phillips suggested the Board send a statement to the Town Council along with these recommendations that these changes are inconsistent with the Comprehensive Plan.  Joseph Rotella stated that the State cannot pass legislation that is inconsistent with the Charter if the Town has a Home Rule Charter and agrees the statement should be made that these changes are inconsistent with the Comprehensive Plan.

Joseph Rotella suggested having the Town Solicitor provide a copy of the legislation to the Board and holding off on taking any action on the amendments.

Joseph Rotella made a motion, seconded by Catherine Lynn, to recommend tabling the proposed ordinance amendments to Article 3 “Nonconformance” to the next meeting and requesting that a copy of the legislation be provided to the Board.  The vote on the motion was all in favor and the motion carried.

Richard Colavechio made a motion, seconded by Al Nani, to reconsider the motion to recommend the Town Council adopt Article 4 “Use Regulation”.  The vote on the motion was all in favor and the motion carried.

Joseph Rotella made a motion, seconded by Richard Colaveccho, to table Article 4 “Adaptive Reuse” to the next meeting.  The vote on the motion was all in favor and the motion carried.

Joseph Rotella made a motion, seconded by Catherine Lynn, to adjourn the meeting at 7:50 p.m.  The vote on the motion was all in favor and the motion carried.

Respectfully submitted,

Donna A. Corrao, Recording Secretary