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STATE OF RHODE ISLAND, COUNTY OF NEWPORT
The Town Council of the Town of Tiverton, County, and State aforesaid held a Regular Council Meeting on Monday, June 24, 2024, at 7:00 PM at the Tiverton High School Auditorium, 100 North Brayton Road.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE TO THE FLAG
Council President deMedeiros called the meeting to order with the pledge of allegiance to the flag.
3. ROLL CALL
Present
| President Denise M. deMedeiros | Vice President Michael S. Burk | Jay P. Edwards |
| David J. Paull | Deborah G. Janick | Dennis J. Milbourne |
Absent
John G. Edwards V
Administrator Cotta, Solicitor Marcello, Clerk Chabot, and Deputy Clerk Veegh were also present.
BUSINESS BROUGHT BEFORE THE COUNCIL
Council President deMedeiros read the items on the Consent Agenda.
4. CONSENT AGENDA
All items listed within the Consent Agenda are to be considered routine by Town Council and will ordinarily be enacted by one motion. There will be no separate discussion of these items unless a member of the Council, or a member of the public so requests and the Town Council President permits, in which event the item will be removed for separate consideration later on the agenda.
A. Approval of Town Council Minutes
1. May 18, 2024 – Emergency Meeting (Councilor Milbourne abstains, absent)
2. May 21, 2024 – Special Meeting
3. May 21, 2024 – Executive Session
4. May 28, 2024 – Regular Meeting
5. May 28, 2024 - Executive Session
B. Acknowledge Receipt of Minutes from Boards/Commissions/Committees
1. Historic Preservation Advisory Board – (1)
2. Planning Board – (2)
3. Litter Control Committee – (1)
4. Historical Cemeteries Commission – (1)
5. Zoning Revision Committee – (4)
6. Harbor Commission – (2)
7. Zoning Board of Review – (5)
C. Acknowledge Receipt of Reports
1. Town Administrator – Departments’ Monthly Reports – May 2024
2. Town Administrator – Police and Fire Department Overtime Reports – May 2024
3. Treasurer Saurette – May 2024 Budget and Revenue Reports
D. Acknowledge Receipt of Correspondence
1. Letter from Lou Cabral re: Notice to amend zoning district maps and zoning ordinance
2. Letter from Jessica Welsh re: upcoming budget vote relating to schools
3. Letter from Celeste Ferendo re: Fogland fishing restrictions
4. Letter from Susan Anderson re: proposed amendments to Open Lot Storage
5. Letter from Michael J. Bucko re: new fishing regulations
Councilor Burk motioned to approve the Consent Agenda items. Seconded by Councilor Edwards, the motion passed unanimously.
5. PUBLIC COMMENTS
Ron Marsh of 48 Four Rod Way, referencing the lengthy agenda, petitioned the council to advance all zoning related public comments to the beginning of the hearing, in order to ensure all residents are able to be heard.
6. APPOINTMENTS & RESIGNATIONS– Discussion and possible votes
A. Historic Preservation Advisory Board - (5) Member Board (3) Year Terms (2) Vacancies, Term ending
10/15/2026 or 10/15/2024
1. Debra J. Bottomley, 2794 Main Road - Requests appointment
Ms. Bottomley was interviewed by the Council.
Councilor Burk motioned to waive policy and to appoint Debra J. Bottomley to the Historic Preservation Advisory Board for a term ending 10/15/2026. Seconded by Councilor Paull, the motion passed unanimously.
B. Semiquincentennial Commission - (9) Member Board (1) Vacancies, Term ending 12/31/2026
1. Robert Taylor, 1570 Main Road - Requests appointment
Councilor Burk motioned to waive policy and to appoint Robert Taylor to the Semiquincentennial Commission for a term ending 12/31/2026. Seconded by Councilor Janick, the motion passed unanimously.
Councilor Edwards motioned to continue items 7-A, B, C, D, and G to the next meeting and move up 7- E, F, H, I, J, K, and L forward on the agenda. There was no second; the motion failed.
7. PUBLIC HEARINGS (ADVERTISED) – Discussion and possible votes
A. Amy Peckham - Consideration of sound variance for a wedding at 20 Fogland Road on Saturday,
August 3, 2024, from 7:00 pm to 10:00 pm, and request approval of a special event permit
Councilor Burk motioned to approve the sound variance for the wedding at 20 Fogland Road on Saturday,
August 3, 2024, from 7:00 pm to 10:00 pm, and approve the special event permit. Seconded by Councilor Janick, the motion passed unanimously.
B. Candyce Testa, Cultural Survival - Request approval of sound variance for Cultural Survival Arts
Bazaar event at 3852 Main Road on July 27, 2024, and July 28, 2024, from 10:00 am to 6:00 pm,
subject to meeting all legal requirements
Councilor Burk motioned to approve the sound variance for the Cultural Survival Arts Bazaar event at 3852 Main Road on July 27, 2024, and July 28, 2024, from 10:00 am to 6:00 pm, subject to meeting all legal requirements. Seconded by Councilor Janick, the motion passed unanimously.
C. Evelyn’s Nanaquaket Drive-In/Jane Bitto - Consideration of sound variance for Singing Out Against
Hunger, 2335 Main Road on Friday, August 23, 2024, and Thursday, September 5, 2024 (rain date
September 12, 2024), from 4:00 pm to 9:00 pm and request approval of a special event permit
Councilor Burk motioned to approve the sound variance for Singing Out Against Hunger at Evelyn’s Nanaquaket Drive-In, 2335 Main Road on Friday, August 23, 2024, and Thursday, September 5, 2024 (rain date September 12, 2024), from 4:00 pm to 9:00 pm and approve the special event permit, subject to meeting all legal requirements. Seconded by Councilor Milbourne, the motion passed unanimously.
D. Coastal Roasters/Lisa Machado - Consideration of sound variance for Singing Out Against
Hunger, 1791 Main Road on Monday, August 19, 2024, from 9:00 am to 1:00 pm and request
approval of special event permit
As an incorrect date was requested by the applicant, it was determined the applicant would need to reapply and re-advertise the event with the correct date.
Councilor Burk motioned to table item 7-D indefinitely. Seconded by Councilor Janick, the motion passed unanimously.
E. Approval of the proposed amendment to the Tiverton Code of Ordinances Chapter 2
ADMINISTRATION, ARTICLE V - Finance, Section 2-91 Restricted Appropriation Accounts. This
proposed ordinance will amend Chapter 2 Administration, Article V - Finance, Sections 2- 91
Restricted Appropriation Accounts which proposes to add a new restricted appropriation account (5)
Snow Removal
Council President deMedeiros opened the public hearing. No one presented to speak, and the hearing was closed.
Councilor Edwards motioned to approve the proposed amendment to the Tiverton Code of Ordinances Chapter 2 ADMINISTRATION, ARTICLE V - Finance, Section 2-91 Restricted Appropriation Accounts. Seconded by Councilor Paull, the motion passed unanimously.
F. Approval of the proposed amendment to the Tiverton Code of Ordinances Chapter 2 Administration,
Article V - Finance, Section 2-107 Casino Gaming Revenue. The proposed new ordinance would
proposed ordinance will amend Chapter 2 Administration, Article V - Finance, Section 2- 107 Casino
Gaming Revenue under Section 2-107(b) which proposes to record $200,000 to the restricted Paving
Account instead of the unassigned general fund
Council President deMedeiros opened the public hearing.
Resident Maureen Morrow asked when the last time paving was fully funded. While she was in favor of the proposed amendment, she explained how the condition of her street on Peaceful Way and many others in town were in deplorable condition.
Cathy Calabrese from 14 Ocean View Avenue, reported that her neighborhood streets were recently paved, as a result of new water line installation. Before this, she relayed the streets had been in deplorable condition, without maintenance in at least the 44 years she had lived there.
Brian Brietzke of 690 Brayton Road questioned the repair timeline of Brayton, Bulgarmarsh, and Fish Roads. It was clarified that Bulgarmarsh and Fish roads were state roads. DPW Director Rogers answered that Brayton was scheduled to be completed this year as part of the solar development work.
Council President deMedeiros closed the public hearing.
Councilor Burk motioned to approve the proposed amendment to the Tiverton Code of Ordinances Chapter 2 Administration, Article V - Finance, Section 2-107 Casino Gaming Revenue, which would move $200,000 annually from the casino gaming revenue to the restricted Paving account instead of the unassigned general fund. Seconded by Councilor Paull, the motion passed unanimously.
G. Approval of the proposed amendment to the Tiverton Code of Ordinances Appendix A Zoning to
include Cannabis Related Business/Uses in Light of Voter Approval of the Nov 8, 2022 Ballot Measure
under the RI Cannabis Act. The proposed new ordinance will amend Appendix A Zoning, Articles II
Definitions to define cannabis, marijuana, and other related businesses related to the cultivation,
testing, and retail sale of legal cannabis under the Rhode Island Cannabis Act. Article V, Section 13A
Cannabis Uses adds a new use category to the Zoning Ordinances related to cannabis uses and allows
certain defined uses, cannabis cultivator, retailer, and tester, including a compassion center, only in
an Industrial Zone as part of a planned development park either as a permitted use by right or
through a special use permit with specific criteria as set forth in Article XVI, section 3
Council President deMedeiros opened the public hearing.
Resident Jaime French expressed disappointment in the allowance of cannabis-related businesses in the industrial park that was within close proximity to Longplex and the school district. Alternatively, she believed it should be allowed by right in the highway commercial zone north of the casino on Stafford Road. She also suggested that restricting location to the town-owned industrial park was a conflict of interest.
David Rickerby of 60 April Lane, stated that he believed cannabis indoor grow facilities were needed within the state, would create jobs without excess traffic, and the industrial park would be an ideal location.
Council President deMedeiros closed the public hearing.
Councilor Burk motioned to adopt the proposed amendment to the Tiverton Code of Ordinances Appendix A Zoning to include cannabis-related business/uses in light of voter approval of the Nov 8, 2022, Ballot Measure under the RI Cannabis Act, which would limit it to the Planned Development Park area through a special use permit, with the criteria defined in the Ordinance. Seconded by Councilor Edwards, the motion passed unanimously.
H. Approval of the proposed amendments to the Tiverton Zoning Ordinance. Revisions are
proposed to Zoning Ordinance Article XVI – Special Use Permits, Section 1, Applicability, to extend for
another five months the period that all uses requiring a special use permit shall be converted to not
permitted. This revision will change the period that uses requiring a special use permit shall be
converted to not permitted from January 1, 2024, to June 30, 2024, to the period of January 1, 2024,
to November 30, 2024.
Council President deMedeiros opened the public hearing. No one presented to speak, and the hearing was closed.
Councilor Burk motioned to approve the extension of the moratorium on the issuance of special use permits through November 30, 2024, with the exception of any special use permits, such as the marijuana permit ordinance, that have already been reviewed and approved by this council. Seconded by Councilor Milbourne, the motion passed unanimously.
I. Approval of the proposed amendments to the Tiverton Town Zoning Ordinance. Revisions are
proposed to Appendix A – Zoning Ordinance to amend Article II – Definitions and Article IV, Section
15, Prohibited Uses. These amendments will add uses to the list of prohibited uses and will add
definitions for these prohibited uses. The amendments also redefine “Campground” 4 and “Mobile
home.”
Solicitor Marcello read aloud the proposed additional prohibited uses.
Council President deMedeiros opened the public hearing.
Resident Blake Hayden of 214 Highland Road, expressed concern about the proposed campground prohibitions. On an adjacent property he stated he owned Hilltop Tree Farm on which he has operated four campsites for four years without issue. He added that a permit application filed with the building inspector had been pending for almost 1.5 years without resolution nor communication of potential violations. He requested that he and anyone else with open applications be “grandfathered in” and not subject to the prohibitions.
Resident Jaime French questioned why many of the prohibitions under consideration such as campgrounds, RV parking, and breweries would not be permitted as they would be fun activities and bring in taxes.
Resident Al Cormier of 348 Souza Road voiced concern about the nearby electric car charging station at the Viti car dealership. He described it as dangerous as well as a nuisance.
Resident Fred Souza of 51 King Road expressed skepticism of the claim that Tiverton had a serious water problem, stating he sees 4 to 5 pool trucks daily hauling water, has noticed no attempts for water conservation, and added that Stafford Pond was at the same level it was when he was a child.
Resident Liz Lopes from Old Colony Terrace expressed concern about the motivation for the proposed zoning changes in restricting lot sizes and many areas changing to general commercial.
Council President deMedeiros closed the public hearing.
Councilor Edwards motioned to approve proposed amendments to the Tiverton Town Zoning Ordinance. Revisions are proposed to Appendix A – Zoning Ordinance to amend Article II – Definitions and Article IV, Section 15, Prohibited Uses. Seconded by Councilor Burk, the motion passed unanimously.
J. Approval of the proposed amendments to the Tiverton Comprehensive Community Plan and Future
Land Use Map.
1. Presentation by the Planning Board/ Town Planner with an overview of the Proposed Comprehensive Plan and Zoning Amendments.
2. Call of Order of Joint Meeting of Planning Board – roll call.
3. Amendments to:
Text Amendments:
The proposed amendments to the text of the Comprehensive Community Plan will correspond with
proposed Zoning Ordinance text amendments adopting Residential R-120 Zoning and Conservation
Development. Accordingly, references to the Residential R-80 Zone will be amended to Residential R-
120 Zone and discussions regarding the Rural Residential/Agricultural classification will be amended
to reflect an emphasis on low density residential uses and where low density uses are required for
the protection of natural resources, among other reasons. Amendments will also include discussion
and references to implementing conservation development, throughout the Town, to preserve the
Town’s limited natural resources. Further, the amendments will reflect and implement goals of the
State’s own plan titled Land Use 2025. The amendments are not limited to any one section, goal, or
implementation program of the Comprehensive Community Plan.
Map Amendments:
The proposed amendments to the Future Land Use Map will correspond with the proposed
Zoning District Map concurrently under consideration. These amendments will generally
reclassify what is currently identified as “Rural Residential/Agricultural” to “Low Density/Rural
Residential/Agricultural.” In addition, the amendments will reclassify to “Low Density/Rural
Residential/Agricultural” what is currently designated “Med Density Residential” in the
northeast corner of the Town and which is bordered on the north and east by the Rhode State
boundary line with Massachusetts, generally bordered on the south by Bulgarmarsh Road, and
generally bordered on the west by the area currently designated “Industrial Uses” and Fish Road.
Finally, certain parcels currently designated as “High Density Residential” will be reclassified on
the Future Land Use Map as “Low Density/Rural Residential/Agricultural.” These are parcels
designated as Assessors Plat and Lot: 303-173, 307-122, 307-123, 308-101, 309-101, 310-112,
311-126, 311-128, 311-168, 311-169, 311-171, 311-172, 313-101, 313-12, 313-103, 314-101,
and 314-126.
Planning Board Chair Stu Hardy called to order the joint meeting with the Planning Board. Planning Board members present were Chair Stu Hardy, William Gerlach, Janice Gomes, Richard Taylor, Rosemary Eva, Patricia Hilton, and V.A Lopes.
Interim Town Planner Ashley Sweet conducted a comprehensive slide show presentation that gave an overview of the two types of zoning amendments, Dimensional Standards and Conservation Development, which was before the council for consideration. The first piece included creating a zoning district that would replace R80, and portions of R60 and R40 with an R120 zone that would require a minimum of 120,000 sf or 2.75 acres. The second piece explained conservation development which Ms. Sweet described as a flexible, ten-step design process meant to accommodate growth while minimizing impacts on the natural environment. She concluded her presentation noting the proposal was the Planning Board’s response to the Town Council development moratorium and had been reviewed and endorsed by the Planning Board and the Zoning Revision Committee.
Planning Board Chair Hardy proceeded to explain how the Comprehensive Community Plan must now be in alignment with zoning subdivision regulations to set the same goals and objectives. He said the most recent Comprehensive Community Plan, developed and approved in 2018, does not reference Conservation Development nor R120 zoning. He then made a procedural motion to amend language clarifying that, pursuant to RIGL § 45-22.2, the Comprehensive Plan does not go into effect until it is approved by statewide planning. William Gerlach seconded the motion.
Chair Hardy opened the floor for discussion.
Resident Jaime French questioned why the reservoir and pond were being excluded. She furthered that the Comprehensive Plan states we are to amend zoning to the Comprehensive Plan, not to amend the Comprehensive Plan to zoning. Solicitor Romano replied that state law says otherwise.
Tom Chase briefly spoke, stating he owned 536 Highland Road, and stated that what the Planning Board wants is not good for the rest of the people.
Sal Marinosci identified himself as a planning board member from a neighboring town and offered that many things can be done to impact water issues without reducing lot sizes.
The vote was taken and passed unanimously.
Chair Hardy made a second motion, whereas the Planning Board recommends the Tiverton Town Council adopt the Comprehensive Plan text amendments and future land use map as amended, as they are consistent with the need to adopt protections for Tiverton’s existing limited natural resources, in particular it's diminishing water supply, and will further the Comprehensive Plans call to make such protections. V. A. Lopes seconded the motion.
Chair Hardy opened the public hearing.
Tom Chase, identifying himself as owning a 90-acre parcel at 536 Highland Road, likened changing his currently zoned R40 parcel to R120, as illegal spot zoning.
Resident Carol Hermann stated she supported the R120 zoning and questioned why the 66 acres north of US-24 and south of Souza Road, was not considered a candidate for R120. Planning Board member Hilton responded that an open application was before the Planning Board, so the determination was to not change zoning in the middle of someone’s pending application.
Resident Jaime French expressed issues with the land use map, showing high density for R30, declaring that north Tiverton was mostly medium density at best and should be protected. She also stated that there is no buffer between residential and industrial, citing Bourne Mill as an example. She questioned why there was no business located south of Bulgarmarsh Road.
Resident Margaret Medeiros of 33 Bay Street stated she owned three additional adjacent parcels for over 90 years. She relayed that in 2014, she discovered the lots had zoning changes, from residential to waterfront-related uses, without notice, rendering her properties un-marketable.
Stafford Road resident Jennifer Barrera, identified herself as the Chief Strategy Officer of The Rhode Island Coalition to End Homelessness. She relayed that 22% of homeowners in Tiverton are cost-burdened, paying more than 50% of their income to own their home, and 42% of home renters are paying more than 50% of their income for rent. She stated that both proposals related to zoning reduced the ability to be creative in addressing the housing issue and development pressure. She added that the presentation lacked data supporting the housing costs and housing crisis and asked the Town Council to consider that in their decision-making.
Resident Cathy Calabrese of 14 Ocean View, unaware there was a committee for North Tiverton, commented that North Tiverton has been dealing with septic overflow for decades. She asked for further information so she would be able to attend future meetings.
Resident Raymond Johnson of 691 Brayton Road asked what the zoning changes would do for diversity. He stated that north Tiverton was already saturated and that the focus was water instead of helping people achieve the American dream.
Resident David Carden of 4100 Main Road thanked the Council for convening the meeting and complimented the planner on a comprehensive presentation. He stated that the Planning Board was taking a very important first step to solving a large problem of reliance on antiquated septic systems.
Resident Robert Chaves, concerned with changing the character of the town, asked for a pause before rushing into decisions.
Resident David Rickerby of 60 April Lane supported the conservation development, declaring it would make all lots more valuable. He furthered that development was coming, the town would inevitably change, and responsible planning was key.
Resident Leon Silvia from 3998 Main Road asked questions about conservation development and the location of septic systems relative to wells. He relayed that he was a builder that has been waiting over 6 months to receive preliminary approval on two house lots on 4.5 acres of land. He had grave concerns about the proposed R120 zoning changes, charging it would prevent any new residential development unless they were on grandfathered lots.
Resident Peter Moniz from 83 Captain Circle expressed concern about the proposed R120 changes, stating water and sewer should be a prerequisite for any conservation development.
Resident Fred Souza of 51 King Road explained he had sold his home and purchased a 14-acre parcel, 7 years prior as a retirement investment. He relayed that the recent development of a sub-standard lot took 455 days and $17,000 in attorney fees to get approval to build a single-family home. He added that his 14 acres, which currently has a seven-lot capacity would be reduced to 4 lots under the proposed plan, resulting in a $450,000 - $600,000 minimum loss.
Portsmouth resident Mark Demello noted he was in the process of developing a 55+ retirement community in town, and had concerns that under the new proposed R120, the potential 120 would be reduced to 10 to 12 units.
Resident Bill Smith shared suggestions such as limiting the number of bedrooms per acre or requiring advanced treatment septic systems as alternatives to the proposed density changes that might take away rights to develop a property.
Resident Tom Snell from 245 King Road commented that the proposed changes would be a stop-gap measure to keep a water issue from getting worse.
Chair Hardy closed the public hearing.
The vote was taken and passed unanimously.
Joint meeting with the Planning Board will adjourn and the Town Council will continue its meeting.
Chair Hardy motioned to adjourn the Planning Board’s meeting. Seconded by Bill Gerlach, the motion passed unanimously.
K. Approval of the proposed amendments to the Tiverton Town Zoning Ordinance. Revisions are
proposed to Zoning Ordinance Article II – Definitions, to Article V – District Dimensional Regulations,
Sections 1, 2, and 3, and to adopt Article XXVI – Conservation Development Projects.
The amendment to Article II – Definitions, will add a definition for “Conservation Development”.
The amendments to Article V – District Dimensional Regulations, Section 1, adds the use of “Three
Family Dwelling”, clarifies that Multi-Family structure or apartment house is for “4 or more units” with
public water and sewer, and adds the various types of Conservation Development projects to the
Dimensional Regulations Table. The amendments also replace references to the Residential R-80 Zone
with Residential R-120 designations and amends the required lot area in what is now designated as
the Residential R-120 Zoning District.
The amendments to Article V – District Dimensional Regulations, Section 1, also changes the lot area
calculation of “Multi-family structure or apartment house” in the Residential R-30 and Residential
R-60 Zoning Districts. Article V, Sections 2 and 3 are amended to account for adoption of proposed
Article XXVI - Conservation Development projects.
Article XXVI – Conservation Development Projects is new. Conservation Development affords greater
flexibility in designing residential projects and is intended as a tool to conserve and preserve
Tiverton’s diminishing natural resources. The purposes for Conservation Development are itemized in
Section I. The maximum number of developable lots or units in a Conservation Development project
shall be the number of lots or units which would be allowed in a conventional subdivision project.
Article XXVI applies to all residential subdivisions or land development projects of four lots, or units, or
more, in any zoning district excluding mixed use developments and rural residential developments as
defined in Article IX. Conservation Development will be required as opposed to a conventional
subdivision unless the applicant can prove a conventional subdivision is in the best interest of the
Town. See Section II. Conservation Development projects will be reviewed pursuant to procedures for
a minor or major subdivision as set forth in Appendix B – Land Development and Subdivision
Regulations. See Section III. Section IV defines the maximum density for Conservation Development
projects. Section V defines that permitted uses and forms of development projects allowed. In
addition, Section V defines the dimensional requirements for Conservation Development projects.
Sections VI and VII provide additional requirements for Conservation Development projects that
include multi-family or multiple forms of dwellings. Sections VIII and IX identify maintenance and
open space requirements for Conservation Development projects.
Council President deMedeiros opened the public hearing.
Resident Peter Moniz expressed concerned about how accessory dwelling units may potentially be affected.
Resident Joan Chabot, 19 Yellow Fin Road clarified that she spoke as a resident and not as the town clerk. She stated that the 50% open space land could not be owned by a Homeowners Association, as written today, but would be owned by either the town or a non-profit, rendering it non-taxable, thereby impacting town taxes.
Planning Board member Hilton responded that even if a homeowners association (HOA) could own the open space, in all likelihood the HOA would apply to the state for Farm, Forest, and Open Space, and would be subject to a much lower tax rate.
Council President deMedeiros closed the public hearing.
Councilor Vice President Burk questioned the options of open space ownership. Solicitor Marcello read aloud the four options, per state law, to hold open space: (i) be conveyed to the city or town and accepted by it for park, open space, agricultural, or other specified use or uses, or (ii) be conveyed to a nonprofit organization, the principal purpose of which is the conservation of open space or resource protection, or (iii) be conveyed to a corporation or trust owned or to be owned by the owners of lots or units within the development, or owners of shares within a cooperative development. If such a corporation or trust is used, ownership shall pass with conveyances of the lots or units, or (iv) remain in private ownership if the use is limited to agriculture, habitat or forestry, and the city or town has set forth in its community comprehensive plan and zoning ordinance that private ownership is necessary for the preservation and management of the agricultural, habitat or forest resources.
Further discussion continued around why only two options, town or non-profit, had been considered for open space ownership and how open space was to be managed in lieu of HOA ownership. Planning Board member Hilton suggested that including HOA’s might have posed enforcement difficulties as well as not necessarily wanting to put the burden of a homeowners association on a development if this was the only reason they would need one.
Council President deMedeiros queried how many other communities allow conservation development as an option. Assistant Solicitor Romano noted that a developer who wants to develop conventionally, can, per standards in the proposed ordinance, apply to the Planning Board for a variance. He answered that out of 21 municipalities, three required conservation development in all residential zones, and four towns required it in some residential zones.
Councilor Burk motioned to approve the proposed amendments to the Tiverton Town Zoning Ordinance revisions to Zoning Ordinance Article II – Definitions, to Article V – District Dimensional Regulations, Sections 1, 2, and 3, and to adopt Article XXVI – Conservation Development Projects, as set forth in item 7-K on the agenda. Seconded by Councilor Edwards, the motion passed unanimously.
Councilor Burk motioned to request that the Planning Board review and discuss further around how the open space is managed and come back to us with their input and any recommendations that they may have. Seconded by Councilor Edwards, the motion passed unanimously.
L. Approval of the proposed amendments to the Tiverton Town Zoning Map and Zoning Ordinance.
Text Amendments:
The proposed Zoning Ordinance amendments adopt and implement the Residential R-120 Zoning
District, to add “Three-family dwelling” as a use allowed by special use permit, to clarify
a “Multi-family structure or apartment house” is for “4 or more units,” and differentiates multifamily
structures or apartment houses without public water and sewer from those with public water and
sewer. Article III – Zoning Districts, Section 1, is amended to revise the definition of the Residential
R60 Zoning District, strikes the Residential R-80 Zoning District, in total, and defines the Residential R-
120 Zoning District. Article IV – District Use Regulations, Sections 2 – 13 are amended to change
reference to R-80 to R-120. This Article, Section 2, is also amended to add “Three-family dwelling” and
clarify the “Multi-family structure or apartment house” as “4 or more units” and differentiate those
with or without public water and sewer. Article VII – Substandard Lots of Record, Section 3, is
amended to change reference to Residential R-80 to Residential R-120 and to add reference to
Residential R-120 where appropriate. Article IX – Rural Residential Developments, Section 7, amends
reference to Residential R-80 to Residential R-120.
Map Amendments:
The proposed Zoning Map amendments re-designates those lots that will be re-zoned as
Residential R-120. This includes all lots currently zoned Residential R-80. It further includes those lots
in the Residential R-60 Zone bordered on the north and east by the Rhode State boundary line with
Massachusetts, bordered on the south by Bulgarmarsh Road, and bordered on the west by the existing
Industrial Zone and Fish Road. The lots currently zoned Residential R60 along Souza Road are not
included. In addition, the following lots in the Residential R-40 Zone will be re-zoned to Residential R-
120 Zoned lots: 303-173, 307-122, 307-123, 308-101, 309-101, 310-112, 311-126, 311-128, 311-168,
311-169, 311-171, 311-172, 313-101, 313-12, 313-103, 314-101, and 314-126. Where feasible, the
Residential R-120 Zoning District boundary has been shifted to match property lines. This change is
proposed to prevent bisected lots and to create a more easily interpreted Zoning Map.
Council President deMedeiros opened the public hearing.
Resident Allyn Meyers stated he thought the timing of the changes was not ideal. Referencing the comments from those who have had substantial permit delays, he urged the council to consider postponing the decision until after further testimony and/or consideration.
Council President deMedeiros responded that residents had adequate notice and could have attended the Planning Board meetings. Solicitor Marcello added that individual notices were mailed to each property owner who may have been affected by the changes.
Council President deMedeiros closed the public hearing.
Councilor Burk motioned to approve the proposed amendments to the Tiverton Town Zoning Map and Zoning Ordinance as recommended by the Planning Board and as described in item 7-L, including the text amendments. Seconded by Councilor Edwards, the motion passed unanimously.
Solicitor Marcello announced that after receiving the recommendation of the Planning Board and after a public hearing, the Town Council needed to consider the amendments to the Comprehensive Plan, the text amendments, and the map amendments set forth in the agenda item7- J, including the language that was amended by the Chairman and adopted by the Planning Board.
Councilor Edwards motioned to approve the proposed amendments to the Tiverton Compressive Community Plan and future land use map as amended by the Planning Board and consistent with the recommendations. Seconded by Councilor Burk, the motion passed unanimously.
8. GENERAL BUSINESS
A. DPW Director Rogers - Discussion and possible vote to approve budget transfers:
1. $4,800.00 from Acct 5540-5101 DPW Maint Workers to Acct 5540-6652 Shop Equipment
2. $4,400.00 from Acct 5540-5101 DPW Maint Workers to Acct 8840-6765 Rec Area Repairs
Councilor Burk motioned to approve the budget transfers as outlined in item 8-A. Seconded by Councilor Edwards, the motion passed unanimously.
B. Fire Chief Bailey - Discussion and possible vote to approve budget transfers:
1. $5,000.00 from Acct 3310-6443 Equipment Service Contracts to Acct 3310-7530 Software Maint
2. $5,000.00 from Acct 3310-6922 Educational Allowance to Acct 3310-7530 Software Maint
3. $13,000.00 from Acct 3310-7611 Fuel, Oil, Tires to Acct 3310-7530 Software Maint
Councilor Burk motioned to approve the budget transfers as outlined in item 8-B. Seconded by Councilor Milbourne, the motion passed unanimously.
C. Fire Chief Bailey - Discussion and possible vote to approve subscription to First Due Software to
replace stand-alone computer programs with an integrated system
Councilor Burk motioned to approve the subscription to First Due Software to replace the standalone computer programs with an integrated system for the Fire Department. Seconded by Councilor Milbourne, the motion passed unanimously.
9. EXECUTIVE SESSION
A. Town Administrator –RIGL 42-46-5(a)(2) Collective Bargaining – Update on IBPO #406 negotiations
Council President deMedeiros noted that the executive session was no longer necessary pursuant to a recent tentative agreement waiting on final approvals.
10. ADJOURNMENT
Councilor Burk motioned to adjourn the meeting. Councilor Janick seconded the motion. The motion unanimously passed. The meeting adjourned at 11:10 p.m.
A True Copy.
ATTEST______________________________________
Joan B. Chabot, Town Clerk