The Valley Breeze

Friday, March 16, 2007

Water district overlay would add new protections to supply, restrictions to land use By MARCIA GREEN, Valley Breeze Editor CUMBERLAND – New gas stations, machine shops and even lawn and garden supply stores would be banned from much of Cumberland if a new water district overlay district is added to the zoning ordinance under Town Council review. Also under the sweeping requirements of this provision, developers of land in Cumberland's watershed might be required to control all stormwater runoff within the subdivision, using enclosed storm drain systems only as a last resort. Helping to make that possible, the square footage of impervious surfaces allowed on a lot of land, whether for the building itself or related driveways and parking areas, may be restricted to as little as 15 percent of the lot. It's all part of Chapter 9, a Water Resources Overlay District that takes in major pieces of Cumberland from the reservoirs in the northern area to Happy Hollow of the southern tip. Included are the streams that feed the water supplies and groundwater recharge areas such as the Manville Wellhead Protection Area. Officials are looking to both save groundwater supplies from contaminating spills as well as spare streams that feed drinking water supplies from the chemical-laden runoff that comes with rainstorms. Additionally, builders may be required to create a wider buffer around wetlands and water sources. Existing nonconforming businesses would be permitted to continue within the watershed district but may not be allowed to expand, committee members noted. Specific maps have been created to outline the protected areas and are expected to be available on the town Web site, cumberlandri.org. Look here, too, for information on the Town Council Ordinance Committee that's holding hearings now on the entire proposed zoning ordinance. The Planning Board has already signed off on the 174-page document that rewrites the town's zoning code to bring it up to date and easier to understand, say officials. The September 2006 draft, also available on the Web site, includes new sections including this water overlay district and a section on affordable housing and conservation zoning. In addition to Chairwoman Kelley Nickson Morris, committee members are Councilors Mia Ackerman and Bruce Lemois. Attending the hearings, too, are Planning Director John Aubin III and Town Solicitor Thomas Hefner. The committee will meet Mondays, March 12 and 19; Tuesday, March 27; and Mondays, April 2 and 9. All meetings are at 7 p.m. in Cumberland Town Hall. Committee members have so far reviewed Sections 1 to 4. Their final recommendation will be forwarded to the Town Council for a vote. On hand this past Monday was Lorraine Joubert, director of Rhode Island NEMO (Nonpoint Education for Municipal Officials), a division of the state Cooperative Extension at the University of Rhode Island. Joubert walked the committee through the proposed overlay district language. Her firm previously studied Cumberland's water resources and provided the mapping. NEMO says its goal "is to provide decision makers with the skills and resources that they need to identify local water quality problems and to adopt effective pollution controls." Overlay districts such as this add a second layer of restrictions to land use. In the water overlay district, prohibited uses would include underground storage tanks for petroleum products or hazardous materials. Also banned is the use, storage or disposal of fill that contains asphalt, concrete and construction debris. Also, commercial plating, finishing or polishing of metals, welding shops, dye shops and commercial photographic processors. Restricted are french drains and sump pumps or subsurface drains designed to lower the groundwater. The new language would also reflect the Department of Environmental Management regulations that impose buffers of 100 feet near small streams and 200 feet near large ones like the Blackstone River and 50 feet from wetlands. Joubert, who noted the DEM guidelines were originally aimed at protecting wildlife, encouraged the town to adopt stricter local controls. Committee members are still debating sections, including language to define the maximum size for impervious surfaces and a process for allowing landowners to seek relief from the code.