Smithfield council refers proposed changes to inclusionary zoning to planning board after heated debate

The Smithfield Town Council on Aug. 5 voted to send a proposed amendment to the town's inclusionary zoning ordinance to the Planning Board for an advisory opinion, after members debated changes to how affordable units would be triggered and counted.

The proposal, introduced by a council member and described in the meeting as drafted with the town planner, would (as written) change a requirement of two market-rate units per low- and moderate-income (LMI) unit to one market-rate unit per LMI unit; set separate triggers for inclusionary rules at 10 single-family units and six multifamily units; lower the LMI percentage requirement from 33% to 15%; and allow developers to pay fees in lieu of building required affordable units. The council voted to refer the amendment to the Planning Board; the motion passed with the council's unanimous voice vote.

The dispute focused on whether the changes would undermine Smithfield's ability to reach the 10% affordable-housing threshold the state uses to determine local zoning control. One council member warned that reverting the LMI percentage to 15% and allowing payments in lieu would "ensure Smithfield never reaches the 10% affordable housing numbers" and called the volume of pending multifamily proposals a "tsunami coming toward the town." That speaker said the town currently has roughly 1,100 units proposed.

Another council member who said she helped sponsor prior amendments argued the draft includes provisions that reflect recent state-law changes and that some elements of the amendment could help distinguish single-family from multifamily development. She objected to reverting the LMI percentage downward and to removing in-lieu fees, saying the town must meet the state's 10% goal.

Council members said the draft was developed with the town planner at the time (Mike Phillips) and several council colleagues. One council member said the town solicitor had reviewed the language prior to its inclusion on the agenda. The council agreed the Planning Board is the appropriate forum to review the proposal and work through the items that need further discussion.

Why it matters: Inclusionary zoning rules determine when developers must set aside affordable units or pay fees instead. Smithfield council members said the town has seen a surge of large multifamily proposals and that changes to local rules could affect whether the town meets state housing benchmarks that influence local zoning authority.

What comes next: The Planning Board will review the draft and return an advisory opinion to the Town Council; council members said they plan to attend that meeting and may submit alternate language for consideration. The transcript records the council's vote to refer the amendment and multiple members indicating they will continue working on the specifics at the Planning Board level.

The meeting also included an earlier item noting that a separate zoning amendment hearing was rescheduled to Sept. 2 because the Planning Board's findings had not been transmitted to the council, a procedural requirement mentioned by the council president during the meeting.