Council continues public hearing on 2024 state‑mandated zoning changes; FAR/basement definitions deferred to May 19

The Narragansett Town Council continued a public hearing on zoning ordinance amendments tied to 2024 state law changes on April 21, deferring several contested questions — especially whether basements or cellars (sometimes called “cellars” or “sellers” in the record) should count toward floor‑area‑ratio (FAR) — to a May 19 meeting.

Jill Sabo, the town’s director of planning, briefed the council on the timeline and substance of the draft ordinance. She said the draft was intended primarily to implement state law changes that took effect in 2024 and to clarify existing town code, not to make unrelated local policy changes. “The purpose and the intent of the draft ordinance was to comply with the state law only,” Sabo said, noting the planning board reviewed and recommended the draft.

The central dispute centered on how to treat below‑grade space. Building official Wayne Pimentel explained state definitions distinguishing a “basement” from a “cellar” based on how much of the space is below grade. He said a basement (where less than half the clear height is belowground) may be treated differently from a cellar (half or more belowground). Pimentel also said habitable basement space generally requires a minimum ceiling height — about 7 feet — to be considered living area under the building code.

Public comment at the hearing was extensive and split. Several residents said the changes are needed to allow modest expansions and accessory dwelling units (ADUs) that would let longtime residents age in place or create housing opportunities. “The current building code restrictions…have made it impossible for us to do this,” said Franklin Marinelli, who described his family’s multi‑generational ties to Bonnet Shores and urged approval. Other residents and commenters urged caution, arguing the state’s unrelated occupancy rules and recent changes to household definitions have generated litigation and uncertainty. “If we are not on solid ground…we should take a pause,” said Stephen Ferrandi, who urged the council to wait until legal questions are settled.

Building official Wayne Pimentel said local complaints had arisen when basements with clear height over 6 feet 11 inches were included in FAR calculations; that inclusion sometimes pushed modest renovation proposals over local FAR limits. The planning board report that accompanies the draft notes the state removed basements from FAR calculations in 2024 but left cellars and related definitions that municipalities must handle in local code.

Council action: After discussion, the council voted 4–0 to continue the public hearing to May 19 to allow staff and the planning board to prepare any clarifying text and to consider additional state changes expected this year. The council also moved the related community development item (H‑1) — the ordinance amendment to align the town code with 2024 state statute changes — to the May 19 meeting for first reading.

Why it matters: The outcome will affect whether below‑grade spaces count in FAR calculations, whether ADUs are treated as part of FAR, and how the town implements several 2024 state zoning changes affecting housing, ADUs and lot coverage. Councilors and members of the public said they want to avoid conflicting text and to give the council and public time to review the full set of proposed amendments before final action.

Ending: The council scheduled further hearings and asked staff to circulate drafted amendments before May 19 so the council and public can review proposed text changes ahead of the next meeting.