Review Of Ross Hill Road Development Pre-Application Meeting

On Wednesday, May 28, 2025, at a well-attended meeting, the Planning Commission reviewed a major land development proposed on Ross Hill Road (Plat 16, Lot 212) under the state’s Low and Moderate Income Housing Act (LMIH Act). The meeting was a Pre-Application Conference, which is held before a formal application is submitted. The developer stated they will submit their formal application for a Comprehensive Permit in the next three months.

The existing quarry

The entire site showing quarry and forest

Development Site Plan

The LMIH Act requires that the town grant a density bonus of at least three units per acre for a development that provides at least 25% LMIH. Other adjustments from local ordinances and regulations can also be requested.

To protect sensitive environmental features, this area is zoned Residential 3-acre (R3A). The town’s R3A zoning allows about 20 dwelling units on this parcel. The state-mandated density rule, which overrides our zoning, is what allows the developer to propose 158 dwelling units.

The bill that allowed the large increase in density for this residential development was first submitted in the RI House of Representatives as H6081 and was supported by Charlestown’s State Representative Tina Spears, and the Senate version of the bill was supported by State Senator Victoria Gu. The bill was the most impactful of the legislation enacted in the last few years that has removed local control over land use and zoning. (Members of the Charlestown Town Council have remained largely silent on this and similar legislation. The lone exception has been Councilor Stokes, but there has not been any meaningful action yet.)

Commissioner Ruth Platner, who is chair of the Planning Commission, explained that the addition of 158 dwelling units would represent—in one year— nearly 8 years of residential development for Charlestown.

She also noted that, about a month ago, the Department of Housing’s new plan to fix the housing crisis in Rhode Island, “Housing 2030,” was released, and “Housing 2030” recommends the appropriate growth rate for Charlestown to be 0.4% of the town’s year-round housing stock per year or about 21 to 22 houses. Clearly, the amount of housing proposed in this development far exceeds the state’s standard for Charlestown of 0.4%.

State legislation enacted in the past few years ignores State Guide Plans and other guides for protecting Rhode Island’s environment and adaptation to climate change. The town’s previous Town Planner, members of the Planning Commission, and others have explained to state legislators and the Charlestown Town Council the likely harm that would be caused by this legislation to towns like Charlestown because they are dependent on onsite septic systems for disposal of septage and wells for drinking water. In Charlestown, these impacts will very likely include a deterioration in the quality of the town’s groundwater and the health of its saltwater ponds and other water bodies and the loss of forested lands necessary to meet the state’s climate goals.

Commissioner Platner emphasized that the proposal uses the Comprehensive Permit process. The proposed development is not a proposal for a cluster subdivision. A cluster subdivision on this property would be approximately 20 to 23 lots, and 60% of the parcel would be open space.

Past efforts by this developer go back to 2023. Discussed in October 2023 with the Planning Commission was a cluster development of 22 lots, and then a cluster subdivision of approximately 21 lots was discussed with the town’s Technical Review Committee in February 2024. In September 2024 there was a pre-application meeting before the Planning Commission to discuss a comprehensive permit for 416 dwelling units. None of these pre-application conferences was followed by an application.

At this pre-application conference, Attorney John Mancini, representing the developer, presented the concept for developing the 80-acre parcel. Proposed is a development of 158 dwelling units, of which 40 units will be low- and moderate-income housing (LMIH) and 118 units will be sold as market-rate housing.

Mr. Mancini provided additional detail about the development concept during the meeting:

• The developer’s application for a Comprehensive Permit will be submitted in about three months.
• The homes will be sold as condominiums. The units will be detached, single-family, two-bedroom, one-floor dwelling units.
• The price point and affordability restriction (between 80%–120% of Area Median Income) have not been determined.
• The project will be developed at one time, not phased. That is, groups of homes will be built as they are sold, and once one segment is finished, the next segment will be developed.
• The “development system” will be a condominium association. The condominium association will own the land, private roadways, and utilities; the common areas will be either owned by or under the umbrella of the condominium association.
• The development will be served by shared wells and septic systems. There will be three public wells and the septic systems will be shared by groupings of 10 to 20 homes.
• The houses will be as large as 2,400 square feet. The living area of 2,400 square feet does not include the square footage of a two-car garage.
• The development will be age-restricted to ages 55 and above.
• Condominium fees will be charged to all homeowners. All homeowners, including owners of the affordable units, will be charged fees, with a portion of the fees put aside in reserve.

In support of the application, Mr. Mancini stated that the developer will present the following: a traffic study; expert testimony to show that the project is consistent with the town’s Comprehensive Plan and local needs; an economic impact study that addresses two of the six prongs that the state statute requires the Planning Commission must review, and a fiscal analysis of the development. Information about the topography of the site and the road profiles will also be shown. Mr. Mancini noted that the developer already has a Letter of Eligibility from Rhode Island Housing.

Commissioner Platner outlined during the meeting some additional information that will be needed:

• An environmental assessment. She noted that the assessment needs to address impacts on the quantity and quality of the water supply for the area in general, impacts on the stream, impacts on the climate corridor and unfragmented forest, impacts on the wildlife in general, impacts on traffic, impacts on light pollution, etc.
• A 100-foot buffer shown between the development and abutting properties. She noted that septic systems and stormwater structures need to be moved out of the buffer.
• Identification of areas of bedrock within four feet of the surface. She noted that there should not be a need for a lot of blasting.
• The number and location of cisterns for fire suppression, if they are required by the Fire Marshall.
• Proof of application for all required federal or state permits, including one for a wetlands permit if required.
• A remediation plan. She noted that there is a provision in the town’s Subdivision Regulations that land that has been environmentally disturbed or damaged must be restored to a condition satisfactory for redevelopment prior to plan approval.
• Copies of legal documents, including easements for utilities or roads. Commissioner Platner noted that the access road to the recreation resources shown in the northern part of the site traverses a neighbor’s property and that the wellhead protection areas for two of the wells extend into the Oakwood Drive subdivision; easements for these may be needed as well.
• Possibly a peer review. The peer review would be conducted by an expert hired by the Planning Commission and paid for by the developer.

Mr. Mancini stated that the developer will identify whether relief regarding the buffer will be needed and, also, whether any other adjustments will be requested. He observed that because this project is part of the comprehensive permit process, the threshold for variances has been diminished by the state statute and will be governed by the statute, not by the town’s zoning code.

Commissioner Platner noted that the state directs Planning Commissions to use the Conservation Opportunities and Environmental Resource Maps when reviewing developments. The maps show that this site is entirely, except where the excavation has happened, within an area of unfragmented forest of 500 acres or more. In addition, the entire site is in a climate corridor with confirmed habitat diversity, meaning that it’s important for wildlife to use to adjust to climate change, and the entire site is contributing to a coldwater fishery. Commissioner Platner said, that because unfragmented forest of 500 acres or more is so valuable, the forested areas ought to be areas to be protected on the site no matter how it is developed, a concern she had expressed to the developer in 2023.

Many questions were asked by members of the Planning Commission. These included questions about the number and location of the septic systems and wells; the location of two wellhead protection areas and an access road; whether ADUs can be added; whether the dwelling units could become short-term rentals; the open space to be provided; affordability restrictions, deeds, and the condominium document; property management; the remediation plan; the size and characteristics of the dwelling units; and other projects done by the developer. Some elements of the Comprehensive Plan were identified by Commissioner Topping, but no opinion as to whether the development concept was consistent with the plan was rendered by the Planning Commission.

Regarding the affordable units, Commissioner Platner expressed that one of the concerns the Planning Commission has had in the past is that, because banks are protected from the affordable housing act, when a unit in town has been foreclosed upon, the unit has become a market-rate unit.

The size and characteristics of the dwelling units were discussed at length. Commissioner Platner noted that it doesn’t make sense for a house with two bedrooms to be 2,400 square feet and that 1,500 square feet for a two-bedroom house would seem to be more in scale with homes in Charlestown.

She observed, also, that 75% of the homes in the development are to be sold as market-rate houses. Because Charlestown is located within three hours of 25 million people, among those 25 million people, there are plenty of multimillionaires who can afford million-dollar houses and who are bidding up prices right now. She also noted that 41% of the housing in Charlestown is currently being bought by out-of-state buyers, and a big house, whether intentional or not, is aiming at a market that doesn’t help housing in Rhode Island.

Another concern is that in a house that size, there may be other rooms that will become bedrooms, which will cause even more water use and more septage to be added to the groundwater.

Ten of the residents attending expressed the following concerns:

• A number of wells have recently gone dry. Residents noted that the water table had dropped dramatically. One resident, who runs a pumping station of seven high-yield wells, was concerned that the large daily volume of water to be used would affect neighboring wells and recommended an active stress test to determine the maximum safe yield for the wells. One observed that Healey Brook, which used to flow continuously and be stocked with trout, now dries to a trickle in the summer, and another stated that a substantial pond behind her home, Woody Hill Pond, is now completely dry.
• The locations of some of the houses and septic systems are a problem. A number were located right up against property lines. One resident pointed out that there are three septic systems surrounding his one-acre property, and he is concerned about his well. Another said that many of the houses were exceptionally close to his property line.
• There have been a number of traffic incidents on Ross Hill Road, which is very narrow and has many curves.
  Displacement of wildlife will increase. Residents stated that wildlife have been displaced onto their properties.
• The current gravel quarry operated by the developer is exceptionally intrusive and not well managed. Many noted that fugitive dust covers the area. Residents questioned why the operation was allowed to start up and operate at the current scale.

In response to concerns about the wells and septic systems, Town Planner Sean Henry stated that the wells are regulated by the RI Department of Health and the septic systems by the RI Department of Environmental Management. Planner Henry clarified that because the wells and septic systems are under the jurisdiction of the state, the town cannot override the state.

Commissioner Platner explained that graveling operations are very protected by state law, and although gravel banks are prohibited in Charlestown, there are several, including this one, that pre-exist zoning and thus can operate. She noted that previous Town Councils had done all within their power both to control the extent of quarrying operations and to regulate them. Efforts to get the General Assembly to pass legislation that would enable the town to regulate quarries had been persistently pursued but had been unsuccessful.

In addition to talking to state legislators and contacting the town’s Zoning Officer to ask that the company follow whatever laws there are, Commissioner Platner advised that residents now concentrate on how the land will be developed in the future. Once an application is received, the Planning Commission will undertake what is called Preliminary Plan review.

The entire discussion on the Ross Hill Road Development is included in the video below and is 2.5 hours in length.

Bonnie Van Slyke, the author of this post, was a member of the Charlestown Town Council from 2014 to 2022. She was the Town Council Liaison to the Planning Commission, Parks and Recreation Commission, and Senior Citizens Commission. She is a former officer and member of the Board of Directors of the Frosty Drew Observatory & Science Center, a former Chair of the Zoning Board of Appeals in Harvard, MA and a former member of the Board of Trustees of the Harvard Conservation Trust. Bonnie is a freelance copy editor, technical writer, and publications specialist. You can learn more about Bonnie on her profile page.