NEWS

Mayor uses veto pen to override zoning change

By RORY SCHULER
Posted 6/26/24

As the state’s stuck in the middle of a housing crisis, a group of Cranston residents asked how a few more houses would solve the problem.

The residents enlisted in the long fight against …

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NEWS

Mayor uses veto pen to override zoning change

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As the state’s stuck in the middle of a housing crisis, a group of Cranston residents asked how a few more houses would solve the problem.

The residents enlisted in the long fight against a Sage Drive zoning change delivered emotional pleas again Tuesday night. In the end, City Council rejected the opposition and voted to approve the zone change.

Then, Cranston Mayor Ken Hopkins announced Tuesday that he would veto the zone change.

A group of more than 18 residents and their attorney have been fighting a local housing developer’s plans to change the zoning on his lot at the end of Sage Drive, part of the Alpine Estates development, from A-80 residential zoning to A-20. The zoning switch is expected to clear the way for a road extension, and eight new homes instead of the four currently permitted under city zoning.

City Councilor and mayoral candidate Robert Ferri said he heard from more residents about the proposed zoning switch on Sage Drive than any other topic during his city government tenure.

Ferri voted with his fellow Democrats to approve the zoning change Tuesday night, 4-2. Republicans Nicole Renzulli and Richard D. Campopiano voted against the ordinance; Council President Jessica M. Marino, Vice President Lammis J. Vargas, John P. Donegan and Daniel Wall voted for it. Kristen E. Haroian recused herself from the vote. Christopher G. Paplauskas did not attend the meeting.

Despite the council vote, Hopkins, who had in May drafted a letter in opposition to the zoning change, stood by his decision and exercised his mayoral veto.

“I hereby exercise my authority to disapprove (the ordinance),” Hopkins wrote to City Council on June 25. Hopkins explained that he has “ongoing concerns as to whether the rezoning of the Sage Drive parcel meets the general purposes of zoning ordinances found in Rhode Island General Law … Among the purposes that remain unsatisfied to me are whether the zone change is ‘Providing for orderly growth and development …”

The mayor cited the “availability and capacity of existing and planned public and/or private services and facilities” as well as “providing for the protection of public investment in transportation, water, stormwater management systems, sewage treatment and disposal, solid waste treatment and disposal, schools, recreation, public facilities, open space, and other public requirements. Accordingly, I have exercised my right to veto this ordinance.”

In November, 2021 City Council had voted down a proposed zone change in the Alpine Estates development. Vocal neighbors argued that this particular zone change, if approved, would be the first domino of development to fall across all of western Cranston’s undeveloped land, straining local schools and public services.

“This matter has been considered several times over the last few years and most recently was the subject of a lengthy discussion at the Planning Commission on May 7, 2024,” Hopkins wrote to the Ordinance Committee on May 14. “As you know, as a result of considerable discussion, consideration and objections raised by area residents, the Planning Commission forwarded the matter to your committee without any specific recommendation.”

According to city officials, the property owner, John Casale III, sued the city. The mayor’s office, according to those same city officials, settled the lawsuit (the settlement details have not been released to the public). The zoning change landed back before City Council’s Ordinance Committee, where it was ultimately approved last month.

“The Ordinance Committee met (in May) and 4 of the members voted for Casale and 2 against,” according to litigant, project opponent and neighbor Janice Cataldo. “It was strictly along party lines.”

City Councilors discussed the current size of the student body and future capacity of Orchard Farms Elementary School.

“Marino spoke about the increased capacity of Orchard Farms and stated the school’s occupancy is 550 and with 100 more students allowed while 60 more students can fit into Hope Highlands,” according to Cataldo. “She said since there is room in these schools, she wouldn’t oppose more homes here. This would be an issue for any Alpine families with children at these schools as many families already feel the schools are overcrowded.  There are 8 new homes being built on the corner of Scituate and Pippen Orchard so I’m sure we’ll reach that new school capacity soon.”

Marino addressed the school overcrowding concerns Tuesday night. 

“As stated at the ordinance committee meeting, everyone since that time has had ample opportunity to reach out just as I did that would reach out to the superintendents office to find out what the student current numbers were and what the capacity was,” Marino told her fellow councilors prior to the vote. “No skin in the game. Was surprised as everybody else as to what the numbers were that were provided. As you know, that email was forwarded to everyone and that’s the extent of it. No other knowledge. No other conversations. I should rely on information from the school department relative to the school’s capacity and that’s it.”

Several city officials refused to share the email Marino referenced.

Questions regarding Orchard Farms and Hope Highlands capacity were sent to Jennifer L. Cowart, Cranston Public Schools’ Communications Specialist.

“I have forwarded your questions to the superintendent,” Cowart said Tuesday. “I will let you know if we have a response when I hear back.”

The mayor’s veto will stand unless six of nine City Councilors vote to override.

“If all 9 show up — 6 votes,” said Hopkins’s Chief of Staff Anthony Moretti. “It takes 2/3 (66.67%) to override a veto.  I there is a no show or abstention, you can do the math (66.67% or more).”

zoning, Hopkins

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