BARRINGTON -- Come Friday, the last day of a state wide ban on for-profit developers seeking comprehensive permits for housing, Barrington will not yet have received state approval for its affordable housing plan.
But the town's liaison to the state planning agency says she expects the town won't be suddenly more vulnerable to developers' whims with the moratorium lifted. The reason, she said, is that so long as the town approved its plan, which Barrington did last year, local land-use boards can hold a developer to the plan's guidelines.
"It is binding by any determination of the Planning Board," said Nancy Letendre, the assistant solicitor who has worked with the town and the Office of Statewide Planning. "It is binding as soon as the Town Council adopted it in 2004."
Under the state's Moderate and Low Income Housing Act, Rhode Island's 39 communities embarked on creating affordable housing plans, in part, to steer the locations and types of housing for people earning low and moderate incomes, in ways that are in keeping with a town's character. An affordable housing plan is a set of strategies aimed to bring 10 percent of a community's housing to a level the state considers "affortable" to people earning low- and middle-level incomes. Once the state approves a community's plan, then that community considers land-use ordinances that would put some or all of its strategies into action.
Barrington is not at the latter stage yet. After the Town Council and Planning Board approved the plan last fall, there was a 30-day public comment period -- directed to the state -- and a review period. State planning officials reviewed the plan and comments, and called for several revisions this year. The town held a hearing on proposed amendments, brought by Letendre to the council and Planning Board, at an Aug. 15 joint meeting and hearing.
In Rhode Island, more than 15 communities already have received state approval for their affordable housing plans.
Several residents spoke, arguing against some of the strategies and in favor of others. Bonnie Warren, for instance, argued that one idea, to build on existing lots that do not meet modern land-use rules, is not a good one.
Residents Jeff and Janice Black, in letters submitted into the public record, expressed concern about amendments, including the idea of encouraging apartments in some types of buildings, such as Victorian-style homes.
Jeff Black said recently that officials need to make clear what the town plan would mean for residents if put into practice. He said that there has not been transparency during the process when there should have been.
Updated information on the plan will be posted soon on the town's Web site, according to Letendre. The plan as it was approved last November is posted on the site.
"The amendments are in the form of clarifications and do not represent any change in policy at this stage," the Aug. 15 meeting minutes state.
The town and the state have agreed to various time extensions for the amendments. Paul Gonsalves, senior planner at Statewide Planning, said that while, coincidentally, Friday is also the deadline for towns to win state approval of their plans, extensions are likely to be granted.
Gonsalves said that having a state-approved affordable housing plan in a community is a safeguard.
According to a summary in the Aug. 15 council-Planning Board meeting minutes, the importance of obtaining state approval before Oct. 1 "is that with a state approved plan, the Town will be in the best position it can to respond to requests brought under those procedures, however, there is a locally approved plan which is binding on the determinations of the Council, Planning Board and Zoning Board. It's a binding document that was adopted in 2004 for this community.
"It's not binding upon the State; it's only in the event of a decision on a comprehensive permit, if appealed, that the Town has any concern over whether or not the State has approved this."
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