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South Kingstown hearing on Historic District Commission amendment reveals split over housing delays
Summary
A public hearing on an ordinance to expand the Historic District Commission’s advisory role drew extended testimony. Supporters said the change would align the ordinance with the comprehensive plan and enable nonregulatory preservation work; critics including Johnnycake Center warned it could delay affordable housing and cited a pending Superior Court appeal tied to a Green Street project.
The South Kingstown Town Council held an extended public hearing Nov. 26 on proposed amendments to Chapter 2, Article 3 (Boards and Commissions), Section 2-41 to broaden the Historic District Commission’s (HDC) ability to provide historic-preservation assistance beyond Kingston’s regulatory district.
Town attorney Mike Orsillo and Planning Director Jamie Rabbit framed the amendment as a narrow, service-oriented update intended to align the HDC’s duties with recommendations in the town’s comprehensive plan. Rabbit stressed the change would not create new regulatory review or expand the HDC’s jurisdiction; the commission would not be able to compel work or impose mandatory review where none exists now.
Murray Gates, chair of the HDC, said the ordinance would simply codify activities the commission already performs — such as advising property owners, conducting outreach and administering nonregulatory programs — and would aid projects funded by state or federal preservation programs. Gates also proposed the idea of an ad hoc “historic preservation” hat for members who currently serve on the Kingston HDC.
Opposition at the hearing centered on concerns that expanding advisory capacity could become de facto regulatory friction that delays housing projects. Kate Brewster, chief executive officer of the Johnnycake Center, said the HDC’s prior interactions with the nonprofit on a planned redevelopment of Green Street led to a year of hearings, eight previously unpublished conditions, and a Superior Court appeal that stalled four proposed family-sized affordable units. “Our project sits in limbo,” Brewster said, and she urged the council to reconsider expanding the commission’s remit.
Historic-commission members responded that advisory comments often are meant to warn developers about potential federal- or state-level review triggers (for example, when federal funds or National Register-listed properties are involved) and that those warnings can prevent later legal problems. HDC member Richard Youngkin said the commission had tried to assist Johnnycake and that federal-review triggers had been missed by the applicant’s consultants.
Other public commenters — including developers and advocacy groups — warned that additional layers of advisory review, even if voluntary, can create delays and increase costs. South County Habitat for Humanity and private builders urged the council to be cautious about anything that could deter new development or add litigation risk. Preserve Rhode Island and HDC members countered that nonprofit and federal preservation resources can be used to fund rehabilitation, and that preservation and affordable-housing goals are not incompatible.
Council members weighed the competing concerns and discussed language tweaks and staffing levels for the commission. Several councilors recommended delaying action until the HDC’s vacancies were filled and until staff could propose tightened language to reduce ambiguity; one councilor noted that the HDC currently lacks full membership and that volunteer capacity matters.
The council voted to continue the public hearing to Jan. 27, 2025, to allow more time for revisions, recruitment and related briefings. No ordinance change was adopted at the Nov. 26 meeting.
