hard deadlines

The following is a letter from Portsmouth's Design Review Board Chairman, John Borden, and I'm am delighted to pass along this detailed, first-hand explanation of the process.

This letter is in response to letters written by Werner Loell and Gail Greenwood regarding the Target Corp. proposal in Portsmouth. Mr. Loell’s letter was titled “Will Town panel let Target lower the bar on Island’s quality of life?” Mr. Loell mentions he is surprised by Portsmouth’s “Design Review Board’s desire to carry on entertaining Target’s non-starter proposal.” And further mentions, “if one peruses Portsmouth’s Design Review Guidelines, the Target proposal should have been rejected outright. If not, why not.” Good questions Mr. Loell.

New development in Portsmouth (like most communities) is guided by the zoning ordinance. The land use table in the ordinance defines which lots are designated for residential, light industrial, or commercial use. The proposed 16 acre Target site located at the corner of Union Street & West Main Road (map 56, lot 6) is zoned for commercial use and has been since 1965 (32 years). That gives Target the legal right based on RI General Laws to petition the quasi-judicial Zoning Board of Review. The zoning board is the only board that votes “yea” or “neigh” whether the petition is approved or denied. That is why the Design Review Board can not “reject the petition outright” as Mr. Werner suggests. But, the ordinance does require Target to meet with the Design Review Board (DRB) and the Planning Board prior to zoning. Advisory opinions are then forwarded to the Zoning Board to assist them with their decision.

The retail use Target is proposing is a conditionally permitted use. “Conditioned” because the Zoning Board must determine whether several conditions under the ordinance are met (safety, traffic, noise, smoke, odors, compatibility with the comprehensive community plan, and other conditions) prior to granting or denying the petition.

The Design Review Board can only weigh in and advise the Zoning Board on matters such as site design, architectural expression (what the building will look like), landscaping, and signage. The Planning Board addresses items such as on-site detention or retention systems, storm water run-off, and the proximity of the watershed to the proposed development.

Gail Greenwood’s letter also brought up some very interesting points. It’s good someone is watching developers and the approval process to assure everyone is playing by the rules. Gail writes, “a quick study of the written conditions in the Middletown Square strip mall decision will reveal hollow promises.”

In Portsmouth, the Zoning Board incorporates detailed “conditions” into their decisions which become legally binding and are recorded in land evidence. For example, a Design Review Board recommendation may be “landscaped areas within the parking lot must be a minimum of 12 feet in width and tress should be a minimum of 6 ft tall at planting.” Once the Zoning Board makes that a condition it becomes legally binding and can be enforced by the Building Official as well as in court. That’s how Design Review (although advisory) gets its “teeth,” through the Zoning Board.

Gail also mentions that newspaper “quotes by Portsmouth Town Administrator Robert Driscoll and Town Planner Robert Gilstein were discouraging. We expect our town officials to protect us from unwise development, not be resigned to it.” As Town Administrator Bob Driscoll does not set policy for land use development nor does he advise the Planning or Zoning Board, or the Town Council regarding land use or zoning issues. He has however been supportive of Design Review and has the best interest of Portsmouth residents at heart.

The Town Planner, Bob Gilstein, does directly influence land use policy. As a life-long Portsmouth resident and having served on two comprehensive plan study committees, zoning board (10 yrs), land use and town center committees, and design review board, I’ve inter-faced with Bob Gilstein and the Planning Office for the past 20 years. The reason why Portsmouth looks the way it does today is because of Bob and the Planning Office. The Planning Board, Zoning Board, and Building Inspector (George Medeiros) who enforces the ordinance, also deserve credit. Bob was instrumental in the nearly two year process of developing the Design Review Guidelines and shepherding the revised zoning ordinance through the public hearing and town council. He has also coordinated Comprehensive Community Plan re-writes and corresponding zoning amendments, worked on the West Side Master Plan, and several other land use related projects.

Lastly, the Design Review Board was not “in business” when the Tradesman Center on West Main Road was approved by the Zoning Board. The developer did agree to appear before the board as a “trial case” since the design guidelines were nearly complete but had yet to be adopted by the town council. Unfortunately he did not follow our design recommendations for the building. We’re still hopeful he will incorporate our landscaping and screening recommendations.

John G. Borden, Chairman
Design Review Board

My heart's really not in a long post about the budget workshop tonight, with one of our high school students in critical condition at Hasbro. My first thought is with Samantha Kavanagh and her family. Any parent knows in their gut what a horror an event like this is. And no matter what or how strongly you believe, any parent knows that this is the time when you pray. Let's all keep Samantha in our thoughts and prayers this evening.

Because I pretend to be a journalist, I resume.

The budget workshop at Town Hall had about 18 attendees at the beginning, and I stayed for the discussion of the Melville Campground budget, which the Council tentatively approved, after much prodding of Town Admin Bob Driscoll and Campground manager Bill Bryant about the earmarking of receipts for projects at the facility. According to the terms of the deed from the Federal government, funds have to be reinvested in a good-faith effort to maintain that facility if needed, no matter how much the rest of the Town might envy the surplus. Next year, when there are less pressing maintenance needs — the big ticket item this year is a 90K upgrade of the bathhouse — things may be different.

Then I had to skip out to cover the organizational meeting of Preserve Portsmouth, where the group elected a slate of officers, convened the by-laws process, and mapped out strategy. If I were a member of the Town Council, I'd be expecting to get a whole lot more letters and phone calls like the ones people said they've been sending. I also picked up a cool sign, which will just about fit in the narrow patch of "lawn" in front of our cottage. Want one? You can give Connie Harding — the organization's newly minted president — a ring.

Just a side note: I have no organizational affiliation with Preserve Portsmouth. I support their goals, and I will blog about their activities, but I am not a member of their leadership or anything of that sort. Here's why I say this: Not to distance myself from them, but to allow them some distance from me. They are a fundamentally party-blind coalition, aiming at the nonpartisan goal of retaining Portsmouth's unique quality of life. And aiming, consequently, at Target.

You may read this blog because you agree with me about Town politics, but if you don't, please don't assume that the folks at Preserve Portsmouth share my biases. I may sometimes say harsh things about folks on the Council, or in the PCC, and I do not in any way speak for that organization.

Parents and members of the Prudence Island School Working Committee took their case against closing the school to the Rhode Island Department of Education this morning, as hearing officer Kathleen Murray listened to testimony from School Superintendent Susan Lusi and School Committee member Dick Carpender. I had to leave early, so I didn't get to hear any of the 10-or-so Prudence Islanders, who I suspect might have been there to testify. Town Council President Dennis Canario also made time to attend, which I thought was an important gesture.

The session began with School Department attorney Updegrove questioning Dr. Lusi. After walking her through the history of Portsmouth's school budget crises (in medias res when she came in the door in July of '05), Updegrove focussed on the Caruolo decision and the structural problems it created for the 07-08 budget, as well as the constraints imposed by the Paiva-Weed tax cap, and the urgency of the $71K saving offered by closing the school.

"What is the per-pupil cost of the Prudence Island School?" asked Updegrove. One way to answer that, said Lusi, was dividing the $71K by the two students, which would make it about $35K per pupil, three times what Portsmouth spends on every other kid in the system. And is this the first time the Prudence Island school has been closed? No, Lusi responded, it had been closed from 1982-1989.

The attorney representing Prudence Island, Kim Green, began her cross examination of Dr. Lusi, and focussed immediately on the supervision of Prudence students after school, between the end of the day at 2:10 pm and their ferry at 3:30. Lusi described after school activities or supervision by teacher or aides. Next, Green zeroed in on the difficulties inherent in boating versus busing, with inclement weather that could shut down the ferry.

"Do you have plans for children stranded on the mainland?" Yes, Lusi replied, that there were already plans in place for the PI Middle and High School students that involved staying at a host family's home for the night. "So you're suggesting that they go to a stranger's house for the night," asked Green incredulously. No, said Lusi, by extension from the existing program, they would work to find a classmate of the child, arrange for the families to meet so the kids would feel comfortable.

Green kept hammering at the distance angle. What if there was a problem that required a prent to pick up their child, and they couldn't get there? Lusi was firm: "This is similar to any other student. Many of our students have parents who work at a substantial distance from the school, and it is not inconceivable that anyone might be prevented from reaching the school."

There was intense questioning about the ferry ("Is the ferry suitable transportation for children aged K-4?" Asked Green. "It's licensed to carry people of all ages," replied Lusi, "So with monitors, yes.") and they ranged across its allegedly locked bathroom, the company that operates the ferry, their insurance coverage, and whether the passenger cabin was heated. Most of them Lusi could not specifically answer.

After some questioning about the length of the school day, and a brief redirect by Updegrove that established the existence of policies for "stranded children," Carpender took the stand.

I had to leave in the middle of his testimony, but the beginning of his direct questioning focused on the history of the Prudence Island School working committee and its mandate from the School Committee, and the evolution of the recommendation to close the school. The discussion about closing the school late in 2006, which described much lower cost savings, was predicated on tuitioning the two students out to Bristol. Since Carpender is also the chair of the Finance Subcommittee, there was also questioning about how the Caruolo process impacted the decision to close.

There was a boatload of media there: TV guys Mario Hilario and Jim Hummel, and print reporters from the Newport Daily News, Sakonnet Times, and ProJo. I'm sure someone will have the rest of the story by tonight.

The Portsmouth Town Council, in a long and sometimes tedious meeting this evening, grilled School Superintendent Sue Lusi on the budget for next year, and finally voted to tentatively accept the proposed $33,451,958, which came in under the cap at a 3.96% increase over last year. Still unresolved was the question of Town warrant money for buildings and technology.

No public comment from the more than 40 citizens was taken, but Tailgunner Gleason made up for the lack of audience participation by revisiting every issue: where teachers are on steps "think about those new college teachers," closing an elementary "keep considering it," moving the 5th grade "to me, this is lowering the bar," regional special ed, "We need to work together and get DPW [sic] involved," and eliminating "luxuries," like the new TV studio.

She even reopened the question of the guidance counselor, nurse, and librarian, asserting that Lusi could have saved "150-200K, without impact on teachers."

Now this is what still puzzles me. She sat on the freaking school committee. And she is still unaware that nurses teach health, guidance counselors coach kids on social adjustment, and librarians are the only ones left at our schools teaching technology? Can she really have sat on the School Committee and not been aware of that?

Most members of the Council had about 8-10 minutes worth of questions. Huck Little came in low, asking a few during the opening presentation, but none in the QA. Tailgunner came in about two standard deviations above the mean, over half an hour. And several were requests to repeat information that had already been presented.

Dr. Lusi vigorously defended the decisions that had been made, particularly the 5th-grade move, where she cited both research and the practices of other districts in the state. She fended off a troubling line of questioning from Pete McIntyre "Is Pre-K a part of the Basic Education Program? Is one of our Pre-K teachers a step 10?" with a terse, "We can't just lay people off because they're step 10 teachers." Jim Seveney asked a reasonable question about why computer software can be paid for with a capital warrant. ("It's considered an underlying asset, since you can't use the computers without it.")

Seveney also probed on the State's failure to fund the group home beds. The Governor's budget, Lusi explained, had left out 450K for the Boys and Girls Town, contrary to the requirements of state law. "So the Governor's budget is illegal?" Dick Carpender replied, "Technically, yes."

Councilor Len Katzman probed on the warrant troubles. Basically, the warrants cost the town $89K in debt service in the their budget, but they provide $700K in funding for capital items that would otherwise need to be shifted to the school operational budget. "You're at the cap," Katzman noted, "Assuming that the warrant items are picked up by the town." And, he noted, the town was at the cap assuming that they did not pick up the $89K.

Town Admin Bob Driscoll said that he was working on some options to address the problem. "S3050 [Paiva-Weed] is requiring us to do business differently," he said. "We simply have too much school spending in the Town budget. We have a tractor that we need to replace that was bought when Huck Little was a new councilman and Sargeant Pepper was popular."

"And," noted Seveney drily, "When our textbooks were new."

Council President Dennis Canario did not have a lot of questions, but he did voice concerns on behalf of the Prudence Island community. "Sending children that young on a ferry is a disservice to the island, and unfair to the children," he said, asking the committee to take another look at their options.

Despite the lack of a solution for the warrants, the Council tentatively approved the budget and the meeting adjourned at around the three-hour mark. Finally, although Wedge, Carpender, Levesque, and Cortvriend were on hand from the School Committee, unless they were hiding very effectively, I didn't see Jamie Heaney or Michael Buddemeyer. Maybe they were busy. Let's remember that next November.