Bill Would Overrule Town Zoning!

• Proposed legislation would reduce minimum building lot sizes to less than one acre
• Include wetlands in the calculations of house lots
• Increase the steepness of slopes on which houses can be built to a maximum of 45 degrees.
• Allow for more houses and greater density, superceding municipal zoning laws
• Quietly written and lobbied by the building industry
• Not happy about this bill–then contact the sponsors and send them an email-Sen. Michael Mc-Caffrey, D-Warwick sen-mccaffrey@rilin.state.ri.us and Rep. William San Bento, D-Pawtucket, email rep-sanbento@rilin.state.ri.us
• And contact your reps–Denis Algiere sen-algiere@rilin.state.ri.us and Donna Walsh rep-walsh@rilin.state.ri.us

I am writing in opposition to H5554 and S533 proposed zoning laws in the Rhode Island General Assembly.

Charlestown is a rural community that does not have any public water or public sewers and has coastal ponds that are under constant attack by increased density and over-development through comprehensive permits in the guise of Affordable Housing.

These proposed laws are yet another assault on our precious water resources, and the rural, pristine character of Charlestown because of the potential of increased density of homes over and above what our current zoning ordinance allows.

These proposed laws wouild increase density based upon the following reasons:
· The yield plan for a lot is being changed to include the percentage of acreage occupied by wetlands, floodplains, slopes and other areas with constraints. Since this land is not being excluded from the yield plans, the density increases. This means that if a subdivision has 20 percent of the property defined as wetlands that can no longer be excluded from the buildable lot calculation. This increases density.
· If the amount of buildable land “shall not exceed 40,000 square feet,” the density increases.Therefore, if a lot is zoned for two or three acres but has only 40,000 square feet in buildable land, it can be built upon. This increases density because prior to this proposed law, the buildable area was mandated to be the size of the zoned acreage.
· For a subdivision that may have yielded 12 homes on 30 acres with 2-acre zoning and 6 acres of wetlands, now 15 homes may be built because wetlands are not excluded from the yield plan. This increases density unduly and threatens our environment.
· The steep-slope definition is being increased from 15 percent slope, or 9 degrees, to 45 degrees, therefore increasing density because formerly hilly land was excluded from building. I am concerned specifically about building on the Charlestown moraine and ledge.

First, the moraine filters water and is key to our town’s beauty and historical character. If the new law allows ledge to be built upon, there is no permeable ground for absorbing and filtering water. The water just becomes runoff that may potentially go into our ponds.

· Charlestown is not within the Urban Services Boundary, as defined by Statewide Planning, therefore any increased density will hurt our water quality, increasing nitrogen loading, and the town does not offer town water or sewers. If the town had to offer these services, our tax rate would increase substantially.
· The new law purports to protect natural resources and promote efficient use of land through innovative development design that discourages rural, suburban and urban sprawl and preserves contiguous open space. [Section 45-24 (iii)]. I contend just the opposite will occur.

I do understand that the Rhode Island Builders Association members need methods to keep builders busy, but you must allow the town the opportunity to maintain our rural character and identity without unduly forcing increased density, and all the negative consequences upon our town with these proposed laws. Let Charlestown manage our zoning appropriately for the town.

Charlestown has been in the forefront of conservation development, mandatory cluster subdivisions for over ten years and the Town has encouraged cluster design since 1988. These bills will take our town’s ability to properly and effectively manage our own zoning.

Tom Gentz
Charlestown