East
Greenwich Adopts Changes to Redevelopment Plan But Tables Home-Based
Business Ordinance
by Beth S. Biermann
EAST GREENWICH – The East
Greenwich Township Committee voted four to one on Oct. 14 to adopt an
ordinance approving an amended redevelopment plan, which in part changes
some current zoning areas.
According to Township Planner
Leah Furey of Bach Associates, the planning board has been doing a master
plan reexamination over the past six months. The original master plan was
approved in 2004, but due to some inadvertent errors in the zoning map and
some circumstances that have changed, the planning board has proposed
several changes to the redevelopment plan.
Several age-restricted housing
areas are being eliminated. According to Furey, the township’s Council on
Affordable Housing (COAH) planner has stated that East Greenwich can’t get
credit for all of the age-restricted housing it has currently zoned.
She added that the market for
age-restricted housing has declined and the township has an overabundance of
this type of zoning designated in the original master plan. One area
proposed to have the age-restricted housing zoning removed is at the
intersection of Whiskey Mill Rd. and Berkeley Road.
It is recommended that a mixed
use zoning be designated, including affordable and market rate housing,
professional offices, personal service and retail uses. The current zoning
for this area is highway business.
Several residents of Whiskey
Mill Road. were concerned about the effect of a mixed use area on their
neighborhood. They voiced objections to the potential increased traffic
through the area and their street becoming less rural and quiet.
Mayor Fred Grant stated that
the mixed use section will be on Berkeley Road, while Whiskey Mill Road will
remain residential. He reminded residents that the current zoning is already
designated for business use.
He also claimed that traffic
is increasing through the area currently, even without any development, just
due to the increased population using the roads to get to Interstate 295.
The planning board is also
proposing changing a 37 acre portion of the industrial zone to rural
residential zoning. This piece is separated from the rest of the industrial
zone by the Colonial Pipeline business and by Still Run, a natural boundary.
Should the current landowner
choose to sell the property, there is the potential for approximately 12
homes to be built on the land.
Committeeman John DeGeorge
questioned the logic of allowing the construction of more homes, leading to
more children in the school system and consequently higher school taxes.
Furey pointed out that this area is not in the redevelopment zone and due to
the lack of sewer and the fact that it is directly across the street from a
residential area, it is the opinion of the planning board that this land is
better suited to residences than businesses.
The business, commercial and
industrial portion of the redevelopment zone in the area of the township
adjacent to Interstate 295 does not currently permit retail and personal
service. The planning board is recommending that these two additional uses
be included in the redevelopment zone, along with specific design standards.
DeGeorge stated he was in
favor of attracting ratables to the community, but wants to be sure they are
the types of ratables that will maintain the quiet aspect of the township.
He believes that retail businesses with long hours will be a detriment in
terms of traffic and noise after normal business hours.
Office spaces and industrial
development would be better, in his opinion, as they typically would only be
open weekdays, not weeknights and weekends as well.
Planning Board Chairman Jim
Watson, also running for one of two available seats on the township
committee, assured DeGeorge and concerned residents that the planning board
does not want big box retail. They are looking for convenience type retail
businesses to serve as ratables in order to create a “sustainable and
balanced community”, taking some of the tax burden off the residents.
DeGeorge countered by
insisting that retail ratables don’t actually decrease taxes, but business
and industrial developments do.
After listening to more
residential comments that were both in favor and opposed the revisions, the
committee voted to adopt the recommended changes to the redevelopment plan,
with DeGeorge dissenting.
According to Furey, part of
the master plan reexamination process also involved looking at all the land
use ordinances and determining whether there were situations that were not
being addressed.
One of these situations was
home-based occupations, for which there were no regulations in place, and
therefore, no tools available for the township to address potential
complaints. An ordinance was introduced on Sept. 9 in which home-based
occupations are defined as full-time or part-time employment and includes
self-employment that utilizes an office within a single family residence.
A distinction is made between
“minor” and “major” home-based occupations. The minor category can include
babysitting of no more than three children. Major home businesses may not
employ more than one person who is not also a resident of the household.
Several residents expressed
their opinions during the public hearing for the home-based occupation
ordinance. Diane Wagner inquired about how the ordinance will be enforced.
Township Solicitor Timothy Chell stated that the intent of the ordinance is
not to inspect all home businesses, but to have a tool in place in the event
of a complaint about a home occupation, causing disturbance to neighbors.
Furey added that in her
experience with similar ordinances in other municipalities, enforcement
typically is handled via complaints. In other words, a home business will
only be investigated for compliance with the ordinance if a complaint is
made.
Other residents expressed
concerns about making it harder for people to work from home in a time of
economic crisis, when that may be the only option for some.
Chell clarified that the
ordinance actually makes it easier to have a small home-based business.
Currently, a resident must obtain a use variance to operate a business out
of their home, a process which Chell described as a “burden” on the
resident. With the ordinance in place, home-based businesses would be
specifically designated as allowed uses with guidelines that are intended to
prevent any disturbance to neighbors.
When the ordinance was
introduced, the committee voted to remove a section that specifies an 800
ft. square footage limit for home based businesses. This was in response to
Committeeman Peter Miskofsky’s voiced concerns about privacy issues when
attempting to regulate inside a person’s home.
One resident requested that
the committee reconsider the removal of the size limit. His concern was that
without it, a home-based business could get quickly out of hand as
professionals may expand their business. He also suggested as an alternative
that the home business be limited to a certain percentage of the home size.
Miskofsky stated that he still
had concerns about the “minor” home-based occupation section. Some
restrictions include no business-related storage allowed in any outbuildings
and no door to the outside of the dwelling from the home business area. He
believes that dictating “that type of restriction on an individual is a
little intrusive” and wants to ensure that privacy and personal rights
aren’t violated.
Several residents requested
another public hearing and more time for feedback from the residents before
adopting the ordinance. In response, Committeeman Brenden Garozzo suggested
sending the ordinance back to the planning board to incorporate and address
the public comments and concerns, especially as they relate to the “minor”
home-based occupations.
The committee unanimously
voted to follow Garozzo’s suggestion and not adopt the ordinance before
asking the planning board to reevaluate it.
In other business, the
committee accepted the retirement of Police Chief William Giordano,
effective Dec. 31. Giordano has been a member of the police department since
1979 and has served as Chief for 14 years.
Grant said that “the Chief has
served us well for many years – he will be missed”. Deputy Mayor Frank
Aiello added that “the Chief has done a great job” and he will be working
with Giordano to choose the next person to head the police department.
