Removing Local Control Removes Common Sense

Part of the package of housing bills that came out of the 2023 state legislative session was H 6059. This bill, authored by State Representative Robert Craven and supported by Charlestown’s State Representative Tina Spears and State Senator Victoria Gu, is described as amending “certain general laws relative to zoning ordinance variances, special use permits, modifications thereto and also amends provisions relative to substandard lots of record and the merger of such lots.”

Substandard lots are preexisting lots that don’t meet the minimum dimensional requirements of the zoning district they are located in. For instance, a 30,000 square-foot lot in an R40 district where the minimum lot size is 40,000 square feet.

Charlestown’s Zoning Ordinance language, which is now mandated to be replaced by state law, uses a common sense approach, “The yard dimensional requirements for a structure may be reduced and the maximum building coverage requirements for a structure may be increased for a substandard lot of record, in the proportion that the area of such substandard lot is reduced from the minimum area requirements of the district in which the lot is located to a minimum of twelve (12) feet as to side yard, thirty-eight (38) feet as to rear yard and thirty (30) feet as to front yard setback. The necessary computation and determinations of the modifications for building setbacks of yard dimensional requirements for each substandard lot shall be made by the Charlestown Building Inspector at the time of application for a building permit. Where a substandard lot of record meets the area and/or width requirement of a lesser zone, the setback, coverage, and height requirements of the lesser zone shall apply.”

The new state law requires that this common sense approach be replaced with a formula that results in some side setbacks as small as 1 foot, larger building coverage for substandard lots than for conforming lots, and some front yard setbacks of little more than 4 feet. The front yard setback is the distance of the house to the street right of way.

Charlestown’s Zoning Ordinance contained a simple and fair method of determining setbacks for substandard lots. Replacing that with the state-mandated formula will result in nonsense calculations, an increase in neighbor conflicts, and a decrease in public safety.

Charlestown Zoning Official Joe Warner and Charlestown Town Planner Jane Weidman sent charts, tables, and explanations, detailing this issue to the Town Council. The Planning Commission also sent a memo asking that the Town Council request that the legislature amend state law to correct this language and return common sense to the Zoning Ordinance.

Below is just one page of the tables prepared by Charlestown Zoning Official Joe Warner, showing the effect of the state-mandated formula on non-conforming lots in the R3A District.

Now that our state legislators can see the result of this formula and are aware of the problem, we hope they will work to replace this language in state law to allow Charlestown and other towns to continue a more sensible approach to non-conforming lots.