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Council declines to add nonregulatory duties to Historic District Commission after heated hearing
Summary
The council voted 4–1 to decline an amendment that would have added advisory, outreach and preservation-promotion language to the town’s Historic District Commission ordinance, after commissioners, supporters and opponents debated the move at length.
The South Kingstown Town Council voted 4–1 on April 14 to decline a proposed amendment to Chapter 2, Section 2-41 of the town code that would explicitly authorize the Historic District Commission (HDC) to “promote historic preservation throughout the town by providing advisory assistance to owners of historic properties” and to take other nonregulatory roles.
Murray (Maury) Gates, chair of the Historic District Commission, and other supporters said the change would merely codify the HDC’s existing outreach and educational activities that the comprehensive plan recommends. “All this does is say, hey, by the way, we have this body out there called the Historic District Commission,” Gates told the council. HDC supporters described historical property awards and advisory conversations as nonregulatory activities that deserve acceptance in the town code.
Opponents and several council members expressed concern that the language — although presented as nonregulatory — could be perceived as expanding the commission’s remit and complicating land-use processes. Legal counsel and the planning director said the HDC can already provide informal advice without the ordinance change; town legal counsel also reminded the board that any substantive regulatory expansion would require a separate ordinance and public hearing.
Council discussion focused on a broader review of land-use law the town is undertaking in response to recent state legislative changes. Several councilors said they preferred to defer new ordinance language until the comprehensive zoning and land-use code review is completed rather than add a stand-alone sentence now. After public comment that included testimony from the HDC chair and other local advocates, the council adopted a motion to decline the proposed amendment, with the final vote recorded as 4 in favor of declining and 1 opposed.
The council also discussed recruitment for the HDC; members said the commission was operating with vacancies and encouraged qualified residents to apply.
