PORTSMOUTH — Keep your hands off our zoning, the Town Council is telling state lawmakers.

Legislation introduced in the General Assembly that would prohibit single-family residential zoning in municipalities with populations over 20,000 was roundly criticized during Monday night’s meeting. (Portsmouth’s growing population was 17,871 by the 2020 Census.)

The Burrillville Town Council last month approved a resolution in opposition to the House (6638) and Senate (2340) bills, and is asking other municipalities to also sign on.

The legislation, according to Burrillville’s resolution, “preempts comprehensive plans and planning, and usurps local zoning control and decisions, under the flawed charade of solving an affordable housing problem; and forced “middle housing” zoning in single-family residential zones disrespects the rightful governance and authority of cities and towns over their own jurisdiction; and a threshold of 20,000 population is absurd; it encompasses many non-urban communities.”

Federal and state lawmakers should instead focus their efforts on issues “beyond the reach of local municipal governance such as lowering the cost of living and tax burdens; improving the safety, security and quality of life for the citizenry; developing sustainable housing infrastructure; and promoting small business economic development in the state's urban communities,” the resolution continued.

Council member Keith Hamilton said the last thing a municipality wants is to lose control over local zoning. 

“I would like to see us having to avoid the state and the federal government telling us what to do,” Hamilton said. “The Town of Portsmouth has very effective planning and zoning laws.”

Although the Senate has taken no action on the bill, and a House committee held it for further study, Hamilton said it was still important for council members to make their thoughts known.

Council member Leonard Katzman said he supported the resolution except for the word “absurd,” which Hamilton agreed could be stricken.

Council Vice President Linda Ujifusa said she was in favor of the resolution in spirit, but the legislation does promote things the Town of Portsmouth finds important as well, such as the development of higher-density, mixed-use and walkable communities. That should be acknowledged in Portsmouth’s version of the resolution, she said.

“We do appreciate the goals they’re shooting for, just not the process,” said Ujifusa.

Larry Fitzmorris, president of the taxpayer group Portsmouth Concerned Citizens, agreed that the council should formally oppose the bills. 

“We need to communicate to the state that we want to do our own zoning,” Fitzmorris said, adding that he doesn’t want the state “to gradually erode our ability to determine our own future.”

The council voted to table the matter until April 11, to give Town Clerk Jennifer West time to “wordsmith” the resolution based on council members’ comments.

Bill would strengthen municipal court

In other action Monday night, the council unanimously approved a resolution in support of legislation to grant the town’s municipal court the authority to hear cases involving alleged violations of the state building code.

The General Assembly passed enabling legislation in 2013 so the Town of Portsmouth could establish a municipal court to hear cases involving violations of town ordinances. However, the legislation did not include jurisdiction over state building code violations, which are heard in Superior Court.

This year, Portsmouth’s legislative delegation introduced bills in the Rhode Island House and Senate that would grant the municipal court such authority.

Recycling events 

Mark your calendar. In his report Monday, Town Administrator Richard Rainer said there are three special collection/recycling events coming up:

• A shredding event runs from 9 a.m. to noon on Saturday, May 14, at Clements’ Marketplace. There is a three-box limit and it’s for Portsmouth residents only.

• Hard plastic will be collected at the Hedly Street transfer station from 8 a.m. to noon (or until the container is full) on Saturday, June 11. This event is for transfer station sticker-holders only.

• Finally, electronic waste will be collected from 9 a.m. to noon on Saturday, July 16, at Portsmouth High School. It’s open to any Rhode Island resident.

Resignations/appointments

The council unanimously accepted, with regret, the resignation of Seth Pilotte from the Planning Board.

The council also re-appointed two people in unanimous votes: David Reise to the Conservation Commission, and Patricia Cofield to the Glen Manor House Authority.

St. Barnabas licenses OK’d

Sitting as the Board of License Commissioners, the council unanimously approved a Class F daily liquor license, an entertainment license, and a victualler license with fee waiver, for St. Barnabas Church’s annual festival from June 17-19.

The board also approved a peddler license for a mobile food truck, Cluck Truck of Newport, in a 7-0 vote.

Future meetings

The council has meetings scheduled for the following dates at 7 p.m. at Town Hall:

• Monday, April 4 (finale of Comprehensive Community Plan hearing)

• Monday, April 11 and 25, and May 9 (regular meetings)

• Tuesday and Wednesday, April 26 and 27, and if needed, Thursday, April 28 (budget workshops)