Council approves zoning changes after months of discussion, continuances

The Johnston Town Council unanimously approved several zoning changes during Monday’s meeting following more than six months of discussion and a few continuances.

Solicitor Dylan Conley provided context for the decision during a follow-up interview with the Sun Rise on Tuesday morning. Conley said a “large chunk” of the alterations are to fall in line with state code, using differences in the definition of building height as an example.

The facet of the ordinance causing the most debate was centered on flexible design and what the changes permitted.

“What it does is it allows an increase in flexibility for private subdivision developments and how the lots are designed but not in terms of size of the lots,” Conley said. “It basically allows for oddly shaped lots to make a subdivision work … we didn’t want to create tiny, postage stamp-sized lots. The area stays the same, [but] the frontage is flexible.”

Conley said two small amendments were made to the ordinance before its passage on Monday night, which was a combined in-person and Zoom meeting that featured some audio issues. The waiver process for flexible design was stricken from the ordinance to prevent the creation of small lots.

Mayor Joseph Polisena spoke out against building on smaller lots during one of the initial discussions on the matter in January.

“What really bothers me is when someone builds a house on a postage-stamp lot, this will help, I think, curb building on those small postage-stamp lots for profit, or as we call it, substandard lots of record,” Polisena said earlier in the year. “Now for every house built, there’s approximately 2.3 children per household … We have to educate those children. We’re obligated to.”

The other update concerned substandard lots, which Conley said was likely the most complicated and confusing portion of the changes. He said the “vast majority” of substandard lots rest in dense areas, which can make it difficult to comply with the town’s requirement to tie into the sewer line.

The council voted to establish an exemption for R-40 zones because it “doesn’t make sense” to connect them, as they are at least one acre in size.

“Because of how the zoning law developed from the ’70s until today, there was a provision for an automatic merger, so if two substandard lots were owned by the same person, they became the same lot by operation of law,” Conley said. “You have to show us a chain of title so we can tell whether or not there’s been a merger. You’ve always had to do that, but … people would get down the permitting line and find out they didn’t have a good title.” ***

In other news, the council will hold a public hearing during its Aug. 10 meeting regarding the abandonment and decommissioning of solar energy systems. Conley said the council is working with the state Office of Energy Resources’ list of recommendations.

“[They] have a list of recommendations for best practices for every development,” Conley said. “One of their recommendations is to have a decommissioning procedure built in at the time that these solar fields are being built.” ***

During an unusually robust public comment section at the end of the meeting, the council heard concerns from residents in the Tall Oaks area. Audio feedback made some speakers difficult to hear, but those on hand were seeking financial restitution for sewer damage due to backflow.

Conley told the Sun Rise that, since the matter was addressed in public comment, the Open Meetings Act would not permit the council to vote for any action. He said he is going to see “if there is another way the issue will be resolved,” but it could reappear on a future council agenda.