The Block Island Times
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Public Notices - December 7, 2013

Issue #49
Jan 14, 2014

Public Notice
New Shoreham Town Council &
RI Department of Environmental Management
Block Island School Cafeteria, High Street
Tuesday, December 10, 2013
6:00 p.m.

1. Presentation by DEM Staff of proposed Non-Recreational Deer Reduction program on Block     Island
Individuals requesting interpreter services for the deaf and hard of hearing must call (401) 466-3200 forty-eight hours in advance of the meeting date.  TTY: 711.  Posted: December 5, 2013/FF

 

Public Notice
The Planning Board Meeting
Wednesday, December 11, 2013
4:00 P.M. @ Town Hall, Old Town Road     
Block Island, RI 02807
The Town of New Shoreham Planning Board will be in session for a meeting on Wednesday, December 11, 2013 at 4:00 P.M. at the Town Hall, Old Town Road, Block Island, RI.
AGENDA

1. Estate of Lee S. Cushman. Plat 8, Lots 49 & 50. Public Hearing for a Preliminary Plan Stage for a modification of a recorded plan pursuant to Section 908.
2. 1506 Block Island, LLC. Plat 16, Lot 44-1. Advisory to the Zoning Board for an Application by Charles and Tobee McMellon for a Special Use Permit under Section 306 (E) and Section 406 and for a Variance from Sections 306(C) and 514 (C)(2) for an addition to an existing single family dwelling.
3. Island Enterprises Inc. Plat 8, Lot 84-6. Advisory to the Zoning Board for an Application for a Special Use Permit under Sections 113(B)(4) and 309 (E) to create a twenty-seat restaurant in the barn to be open during the winter months.
4. Payne’s 1614 Realty, LLC. Plat 5, Lot 111. Advisory to the Zoning Board for an Application for a Special Use Permit under Sections 408, 409 and 703 regarding Payne’s Harbor View Inn.
5. Gaffett, Lewis and Nathaniel. Plat 7, Lots 159-1, 159-2, 165 and 160; Plat 10 Lots 68-6 & 68-7. Public Hearing for Minor Subdivision for the Elimination of ROW on Plat 10 Lot 68-6 and Plat 7, Lot 159-1; creation of relocated Right of Way on Plat 7, Lot 159-1 to access Plat 10 Lot 68-7.
6. Act on a recommendation to the Town Council on the proposed solar zoning amendments.
7. Review and Act on a letter to the Town Council regarding a task force group regarding future uses and planning for large town capital assets such as the Coast Guard Station.
8. Review of a draft Capital budget
9. Discussion regarding establishing a subcommittee to study the Town Infrastructure as part of the Capital Planning Process.
10. Review of comprehensive plan update.
11. Annual Meeting Schedule
12. Approval of Minutes

THE PLANNING BOARD’S POLICY IS TO ADJOURN AT 7:00 P.M.  Individuals requesting interpreter services for the deaf and hard of hearing must call 466-3200 forty-eight hours in advance of the meeting date. TTY:711   JBB 12/02/13

 

Public Notice
Notice of Public Hearing
Proposed Amendment to New Shoreham General Ordinances Chapter 8
Licenses and Business Regulations
Article X Special Events
Section 9-301 “Definitions” and 302 “License Required”

The New Shoreham Town Council will meet Wednesday, December 18, 2013 to consider amendments to New Shoreham’s General Ordinances and  Proposed deletions are stricken (like this) and proposed additions appear underlined (like this).
Sec. 8-301. - Definitions.
(a)    The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Special event means any event that the applicant or sponsor knows or should know by promotion, public announcements, or past experience will attract more than 250 persons or 50 motor vehicles in the commercial zones, or 100 50 persons or 50 20 motor vehicles in the residential zones, or will require services beyond those that are regularly provided by the town such as additional police services, traffic control, fire and emergency and medical planning or services, street closures, or trash clean up.
(b)    Special events may include parades, dances, concerts, fairs, parties, traveling shows or exhibits, road races, fireworks display, triathlons, biathlons, decathlons, bicycle races, amplified music and performances.
(c)    Special events shall include:
(1)    An event that requires the partial or full closure of a road or street.
(2)    An event that will attract 100 or more persons at one time to use the Fred Benson Town Beach or other state- or town-owned property at one time.
(3)    A wedding, party, or other event held in a residential zone, if the owner knows or has reason to know that the event will attract more than 100 50 persons or 50 20 motor vehicles.
Sec. 8-302. - License required.
(a)    A person or organization shall sponsor, promote, engage in, or hold a special event within the town only by first obtaining a license for a special event from the office of the town clerk.
(b) (i)    In a residential zone, only the owner of the property to be licensed or the authorized agent of the owner may apply for and hold a license for a special event. In the event that the owner of the property is a legal entity, only a stockholder, member, partner or other owner of such legal entity may apply on behalf of such legal entity for a license for a special event.
(ii)    In all zones other than a residential zone, only the owner of the property to be licensed or the authorized agent of the owner may apply for and hold a license for a special event.
(c)    An applicant shall file with the town clerk on a form provided the following information: name and address of the applicant; a description of the proposed event; Assessor’s Plat and Lot number and fire number, dates and times of the event; an estimate of the expected attendance and expected number of motor vehicles; the identity of the owner and agent and telephone number by which they may be contacted during the event; a statement by the owner of any private property to be used for which the owner accepts liability for violations of town ordinances and that the owner or an authorized agent of the owner will be present during the event; a statement by the applicant that he or she has made provisions for medical and emergency assistance, protection of neighboring property, litter control and cleanup, septic waste disposal, parking and traffic control, and compliance with all town ordinances including the noise ordinance and all state laws, including those on liquor sales and fire protection.
(d)    The fee for the license shall be set annually by the town council, and will be on file in the town clerk’s office. The fee is nonrefundable. There shall be no fee for nonprofit organizations. An applicant shall file the form at least 30 days before an event.
(e)    An applicant in a commercial zone may apply for and hold no more than 20 licenses for a special event in any calendar year, of which not more than four shall be open to the public. The town council reserves the right to limit events based on past history.
(f)    An applicant An owner in a residential zone may apply for and hold no more than four two licenses for special events in any calendar year.
(g)    To the extent that legal pre-existing non-conforming commercial uses exist in residential zones and mixed use zones, applicants on behalf of such uses shall conform to the requirements of subsection (a) of this section, concerning the number of people expected at the event, and 8-302(e), concerning the maximum number of licenses in a calendar year.
(h)    Outdoor events open to the public for which admission is charged shall end at 5:00 p.m.
On Wednesday, December 18, 2013 at 7:00 p.m. the Town Council will hold a public hearing at Town Hall, Old Town Road, Block Island, at which time all persons for or against may be heard and the Town Council may act on this proposal and/or amendments hereto.
Attest: Fiona Fitzpatrick
Town Clerk
Proposal posted: November 22, 2013
Hearing: December 18, 2013

 

Public Notice
Notice of Public Hearing
Proposed Amendment to New Shoreham General Ordinances Chapter 9
and New Shoreham Harbor Management Plan
Section 9-41 “Definitions” and
Section 9-87 “Mooring application process and waiting list procedure”

The New Shoreham Town Council will meet Wednesday, December 18, 2013 to consider amendments to New Shoreham’s General Ordinances and New Shoreham’s Harbor Management Plan.   The language in Sec. 9-41 and 9-87 appears in the Harbor Management Plan and also in New Shoreham’s General Ordinances Chapter 9 Marine Activities Areas and Structures, Article III Harbor, Division 4 Regulations.  Proposed deletions are stricken (like this) and proposed additions appear underlined (like this).
Chapter 9, Section 41: Definitions
(Add a new definition)
Yacht club means a domestic or foreign entity registered with the Rhode Island Secretary of State and organized to promote and regulate yachting and boating
(Changes the definition of “club mooring”)
Mooring
(2)c. Yacht club mooring means any mooring, permitted annually by the town, which is owned or used by a private yacht or boat club and which is registered in the corporate, business or club name. It shall be at the discretion of the harbormaster to determine whether or not a private mooring is indeed a private mooring or a club mooring.
(adds a limit on the number of yacht club moorings, adds a limit to the number of yacht club moorings and adds criteria to qualify as a yacht club)
Sec. 9-87. - Mooring application process and waiting list procedures.
[no changes to (a) through (h)]
(i)    Waiting list procedures. The harbors department shall maintain waiting lists of all resident and nonresident applications for private mooring permit requests when no mooring space is available within the coastal waters and harbor areas of the town. Applicants must be at least 16 years of age. Placement of applications on such waiting lists will be recorded from complete mooring waiting list/policy applications as the harbors department receives them. Confirmation of waiting list placement will be mailed to the applicant. The harbors department shall update the waiting list as applications are received and make the waiting list available for review at all times. Mooring permits will be issued in the order received based on a ratio of no greater than three residents to one nonresident. All mooring permit applications shall be treated on an open-to-all equal basis except for applications from yacht clubs which shall be limited to a total of 23 moorings. A one-time fee will be charged for all mooring waiting list applications as set forth in the fee structure of the town. Transfers of waiting list applications are not permitted. Waiting list applicants who are in violation or have past violations of ordinances specific to the waters of Block Island are subject to removal from the waiting list.
(j)    Mooring permit application requirements. All applications for private mooring permits shall contain the following information:
(1)    Name, address and telephone (home and office of owner). Corporations (except nonprofit educational corporations incorporated on Block Island), trusts, businesses, and partnerships will not be accepted as applicants unless declared as an applicant for a yacht club mooring or a resident commercial fishing enterprise.
(2)    Vessel name, registration number, length (feet), width (feet), draft (feet), type, and color. Vessel registration must be in waiting list applicant’s name.
(3)    Number of sleeping berths, if any, and type of marine sanitation device (MSD), if any.
(4)    Mooring classification, actual-mooring weight.
(5)    Appropriate registration fee. Checks must be signed by permit holder.
(6)    Area(s) where applicant would like to locate mooring, prioritized.
(7) To Qualify for a new “yacht club” mooring permit in the Town of New Shoreham, or to renew an existing permit in that category, the organization submitting the application must meet six criteria:
a) The yacht club must submit a current certificate of good standing from the Rhde Islnad Secretary of State with its application
b) The yacht club must have been in existence for at least three years from the date of its legal formation:
c) The yacht club must have recreational boating as its primary function.
d) A substantial portion of its members must be owners of cruising or racing vessels that would normally moor or anchor when visiting harbors such as those on Block Island, or hold leases on such vessels.  
e) The organization must file with its application the names and addresses of its officers and directors or members, managers, or partners, as applicable.  
f) The organization must file with its application a list of club members’ vessels authorized to use its Block Island mooring.

[no changes to (k) through (n)]    
On Wednesday, December 18, 2013 at 7:00 p.m. the Town Council will hold a public hearing at Town Hall, Old Town Road, Block Island, at which time all persons for or against may be heard and the Town Council may act on this proposal and/or amendments hereto.
Attest:    Fiona Fitzpatrick
Town Clerk
Proposal posted: November 22, 2013
Hearing: December 18, 2013

 

Legal Notice
of a public hearing on an application for Minor Subdivision to re-plat Right of Way locations :  
NOTICE IS HEREBY GIVEN that the Town of New Shoreham Planning Board will be in session at the Town Hall Old Town Road on Wednesday, December 11, 2013 at 4:00 P.M. for its regular monthly meeting.  All persons interested will be heard for or against the granting of the following application:
1. Estate of Lee S. Cushman. Plat 8, Lots 49 & 50. Public Hearing for a Preliminary Plan Stage for a modification of a recorded plan pursuant to Section 908.

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