Public Notices - February 15, 2014Issue #7
of hearings on an applications for Variances, Special Use Permits an Appeals under the Zoning Ordinance.
NOTICE IS HEREBY GIVEN that the Town of New Shoreham Zoning Board of Review will be in session at the Town Hall, Old Town Road on Wednesday, March 5, 2014 at 4:00 PM for a regular meeting.
All persons interested will be heard for or against the granting of the following applications under the Zoning Ordinances:
1. BIEP, LLC. Plat 5, Lot 10. Appeal by Peckham, Inc and Lewis and Nat Gaffett of a Notice of Violation dated November 6, 2013.
2. Payne’s1614 Realty, LLC. Plat 5, Lot 111. Appeal of a Notice of Violation dated July 1, 2013.
3. Payne’s 1614 Realty, LLC. Plat 5, Lot 111. Application for a Special Use Permit under Sections 408, 409 and 703 regarding Payne’s Harbor View Inn.
4. Island Enterprises Inc. Plat 8, Lot 84-6. 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.
5. Draper, Rita. Plat 7, Lot 33. Application by North Light Fibers for a Variance from Section 309(C) for installation of a solar electric system.
6. Mansion Road Property, LLC. Plat 3, Lot 125. Application by Edward Pinto for a Variance from Section 306 (C) for construction of front deck stairs.
7. Santamaria. Jamie and Sharon. Plat 8, Lot 141. Application by W. Douglas Gilpin, Jr. for a Variance from Section 306 (C) for an addition onto a single family dwelling.
8. 1506 Block Island, LLC. Plat 16, Lot 44-1. 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.
ADVERTISEMENT FOR BIDS
Separate sealed Bids will be received for the WATER IMPROVEMENT PROJECT (WELL 4A), on or before 1:00 p.m. on March 10, 2014. Bids will be received by the Town of New Shoreham at the office of the Finance Director, Town Hall, Old Town Road, Block Island, RI and then at said office publically opened and read aloud.
Plans and specifications for the WATER IMPROVEMENT PROJECT (WELL 4A) may be obtained at the office of the Engineer (James J. Geremia & Associates, Inc., 272 West Exchange St., Suite 201, Providence, RI 02903) on or after February 17, 2014 between the hours of 8:30 a.m. and 4:00 p.m., Monday through Friday upon payment of a non-refundable deposit of $50.00 for each set (checks shall be made payable to “James J. Geremia & Associates, Inc.”). Plans and specifications will not be mailed.
The plans and specifications may be examined on or about February 17, 2014 at the office of:
1. James J. Geremia & Associates, Inc., 272 West Exchange St., Suite 201, Providence, RI between the hours of 8:30 a.m. and 4:00 p.m., Monday through Friday; and
2. Town Manager, Town Hall, Old Town Road, Block Island, RI between the hours of 9:00 a.m. and 3:00 p.m., Monday through Friday.
A pre-Bid conference will be held at 11:30 a.m. on February 26, 2014 at Town Council Chambers, Town Hall, Old Town Road, Block Island, RI. Representatives of Owner and Engineer will be present to discuss the Project.
All Bids must be submitted and clearly marked:
(Sealed Bid): WATER IMPROVEMENT PROJECT (WELL 4A)
Bids must be enclosed in an opaque envelope addressed to:
P.O. Drawer 220
Block Island, Rhode Island 02807
No Bidder may withdraw his Bid within ninety (90) days after the scheduled closing time for receipt of Bid.
The Town of New Shoreham reserves the right to reject any/all Bids, waive any informalities in the Bids received, and to accept the Bid deemed most favorable to the interest of the Town of New Shoreham.
Individuals requesting interpreter services for the hearing impaired must notify the Town Clerk (401-466-3200) three (3) business days prior to the Bid opening.
Date: February 17, 2014
Nancy O. Dodge
New Shoreham, RI
Transfer Applications for Beverage (Liquor) License
Notice is hereby given, pursuant to Chapter 2013 of the Public Laws of Rhode Island, approved in April 1956 as amended, that the following application for a transfer of Beverage License has been made to the New Shoreham Town Clerk as follows:
Transfer of Class BM Liquor License
• Transfer from Offshore Trading Co., Inc., Stockholder: Michael Finnimore d/b/a Mohegan Café, Water Street, Plat 6, Lot 110 to Sachem Holdings, Inc. Stockholder: Marc Scortino d/b/a Mohegan Café, Water Street, Plat 6, Lot 110
Transfer of Class BV Liquor License
• Transfer from Harborside Operating Co., Inc., Stockholders: Alexis Promuto, Vaux Promuto Finnimore, Michael Finnimore d/b/a Harbor Grill, Water Street, Plat 6, Lot 107 to Royal Hospitality Group, Inc., Stockholder: Marc Scortino d/b/a Harbor Grill, Water Street, Plat 6, Lot 107
Before acting on the foregoing application, the Board of License Commissioners will hold a Public Hearing on Wednesday, February 19, 2014 at 7:00 p.m. at Town Hall, Old Town Road, at which time remonstrants are entitled to be heard before the granting of said licenses.
Attest: Millicent A McGinnes
Deputy Town Clerk
New Shoreham Board of License Commissioners
ZONING MODIFICATION REQUEST
Gray, Judith. Plat 9, Lot 26-2. Zoning Modification request to construct a four (4) foot wide by thirty three (33) foot long shed roof onto the west wall of the existing single family dwelling. The proposed new construction will be located forty-six (46) feet from the western property line of Lot 26-2. A fifty foot (50’) setback is required from all property lines in the Residential A (RA) Zoning District. If no written objections are received from directly abutting property owners by March 3, 2014 the Modification will be granted.
Marc A. Tillson
Town of New Shoreham
Notice of Public Hearing
New Shoreham Zoning Ordinance
Proposed Amendments Relating to Solar Energy Systems
Town Hall, Old Town Road, Block Island RI
March 3, 2014
The New Shoreham Town Council will consider changes to the Zoning Ordinance at a public hearing 7:00 p.m. Monday, March 3, 2014 at Town Hall, Old Town Road, New Shoreham to add a new section to 514 (Performance Standards) “Solar Energy Systems” and a new section 424 (Criteria for Special Use Permits) “Solar Energy Systems.” The proposed sections follow in their entirety. Before acting on the proposal and/or amendments to it, the Town Council will hear all persons for or against. The proposed ordinance may be altered or amended prior to the close of the public hearing without further advertising, as a result of further study or because of the views expressed at the public hearing. Any alteration or amendment must be presented for comment in the course of the hearing.
ARTICLE 5 - PERFORMANCE STANDARDS
Proposed new section:
Section 516 – Solar Energy Systems
A. Purpose: This section is intended to provide for and encourage the installation of solar energy systems on Block Island. Such systems shall include both solar thermal, to heat water, and photovoltaic systems, to create electricity. Photovoltaic systems may either provide power to be consumed on-site, or be connected to the electrical production and distribution system with credit given through net-metering.
B. Definitions: The following terms shall have the following meanings as used in this Section:
1. Solar Energy Installation: The collective components of an individual solar energy system, including solar hot air or water collection devices or solar photovoltaic panels or arrays, and all supporting equipment and structures.
2. Solar Energy System Footprint: The area within the perimeter of a ground mounted solar energy installation which includes the total square foot area of the panels in the array and that of any spaces between individually mounted panels or arrays. Such footprint shall be measured when determining lot building coverage.
C. Applicability: Solar energy systems are considered accessory uses, and are allowed in the Town of New Shoreham as follows:
1. A roof-mounted solar energy system, meeting all of the provisions of Section E below, shall be allowed by right in all zoning districts.
2. One or more ground mounted solar energy systems with a total footprint of 2,000 square feet or less on a single lot or parcel shall be allowed by right in all zoning districts.
3. A ground mounted system or systems with a total footprint greater than 2,000 square feet may allowed by special use permit under the provisions of Section 424.
4. Any solar system proposed within the Historic Overlay District shall require review and approval by the Historic District Commission who shall apply the appropriate Secretary of the Interior Standards in consideration of each solar system on a case by case basis.
D. Procedures: Prior to the installation of a solar energy system, the property owner or installer shall receive a building permit from the Building Official. The following procedures shall apply:
1. An application for a solar energy installation shall be made on a form to be provided by the Building Official. If a proposed ground mounted solar energy system, or the combined footprint of more than one solar energy system on a single lot, is greater than 2,000 square feet, an application must be submitted to the Zoning Board of Review for a special use permit under the provisions of Section 424. Any such application shall also undergo development plan review by the Planning Board under the provisions of Section 704.
2. The Building Official will determine if the proposed system, whether roof-mounted or ground-mounted, meets all of the applicable dimensional standards of this Section, or if a dimensional variance is required, in which case an application shall be submitted to the Zoning Board of Review under the provisions of Section 706.
3. The Building Official shall not grant a building permit for any solar system within the Historic Overlay District until the Historic District Commission has reviewed and approved the application.
E. Standards for Roof-Mounted Systems: Solar collectors or panels which are mounted on the roof of a building are exempt in the calculation of the building’s height, but may not extend above the highest point of the roof, regardless of its total height, by more than one (1) foot unless a dimensional variance is obtained. In no case shall a solar panel extend beyond the edge of the roof. In addition, the distance between the surface of the roof and the upper surface of the solar panels shall not be more than four (4) feet, i.e. the panel shall not be higher than 4 feet above the plane of the roof. If feasible, such panels shall be mounted so as to not be visible from adjoining roadways or neighboring properties.
F. Standards for Ground-Mounted Systems: The following dimensional standards shall specifically apply to ground mounted solar systems. Solar energy systems which consist of one or more installations that exceed 2,000 square feet of combined footprint on a single lot or parcel are allowed only by special use permit and shall be governed by the standards of Section 424. Relief from height and setback requirements may be granted by the Zoning Board of Review as a dimensional variance.
1. Height: A ground-mounted solar system shall not exceed twelve (12) feet in height, as measured from the natural grade to its highest point, including the top of any support structure or panel when adjusted to its greatest angle.
2. Lot Coverage: The first 600 square feet of footprint of one or more solar energy installations on a single lot shall be exempt in the calculation of both lot building coverage and total lot coverage in all zoning districts. Any additional footprint area shall be counted toward the maximum lot coverages for the zoning district in which the system is located.
a. Front. Solar panels should not to be placed within the front setback of a property, as defined in Section 202, if there is a viable alternative location. Any panel that is so located must meet the minimum front setback requirement for the zoning district in which it is located. However, in the OHC Zone, no ground-mounted solar system shall be placed within the front setback of any property.
b. Side and Rear. Solar energy installations with a footprint of 600 square feet or less are governed by the following reduced setback requirements:
1. Fifteen (15) foot side and rear setbacks shall be allowed in the RA and RB Zones and in the SC Zone; and
2. Ten (10) foot side and rear setbacks shall be allowed in the RC, RC/M and M Zones and in the OHC and NHC Zones.
The reduced setbacks above are allowed for more than one solar energy installation on a single lot provided that the total footprint of each installation does not exceed 600 square feet, and that such installations are separated by at least 100 feet. Any solar energy installation or contiguous installations that exceed 600 square feet of total footprint must meet the minimum side and rear setbacks for the zoning district in which the system is located.
G. Abandonment: If any solar energy system is not fully maintained or is abandoned, the Building Official shall be authorized to direct the removal of such system and all of its components. The property owner shall remove the system within sixty (60) days of said notice by the Building Official.
H. Expiration: This Section shall automatically three (3) years from the date of adoption.
ARTICLE 4 – CRITERIA FOR SPECIAL USE PERMITS
Proposed new section:
Section 424 – Solar Energy Systems
A. Applicability: Solar energy systems are considered accessory uses, and are permitted in all zoning districts, as provided in Section 516. A ground-mounted solar energy system, consisting of one or more installations with a total footprint greater than 2,000 square feet, is allowed only upon the granting of a special use permit by the Zoning Board of Review. Such use shall also undergo development plan review by the Planning Board under the provisions of Section 704.
B. Standards: Prior to the approval of an application submitted under this Section, the Zoning Board of Review shall determine that it meets the general criteria for a special use permit. The standards below shall also apply.
1. Dimensional Requirements: All applicable dimensional standards required for the zoning district in which the proposed solar energy system is located shall apply, specifically setbacks and lot coverages, unless a dimensional variance is also granted by the Zoning Board of Review. However, in no case shall a ground mounted solar energy system proposed under this Section be allowed within the front setback of any residentially used property;
2. The system shall not exceed twelve (12) feet in height, as measured from the natural grade to its highest point, including the top of any support structure or panel when adjusted to its greatest angle;
3. All electrical lines are to be placed underground and the system designed to prevent unauthorized access; and
4. The system shall be comprised of low glare panels, as certified by the manufacturer.
C. Expiration: This Section shall automatically three (3) years from the date of adoption.
Posted: February 10. 2014
Hearing: March 3, 2014
Attest: Fiona Fitzpatrick
Notice of Public Hearing
Proposed Addition to New Shoreham General Ordinances
Chapter 10 Miscellaneous Offences
Sections 10-17 “Harassment of hunters, trappers and fishers” and
10-18 “Fluorescent orange requirements”
Town Hall, Old Town Road, Block Island
Monday, March 3, 2014
The New Shoreham Town Council will hold a Public Hearing on March 3, 2014 to consider adopting new Town of New Shoreham General Ordinances “Harassment of hunters, trappers and fishers” and “Fluorescent orange requirements” The proposed ordinance appears below. At the public hearing, all persons for or against may be heard and the Town Council may act on this proposal and/or amendments hereto.
Sec. 10-17 Harassment of hunters, trappers and fishers
It shall be unlawful for any person to obstruct or interfere with the lawful taking of wildlife by another person within the boundaries of the town at the location where the activity is taking place with intent to prevent the lawful taking. A person violates this section when he or she intention ally or knowingly : (1) Drives or disturbs wildlife for the purpose of disrupting the lawful taking of wildlife where another person is engaged in the process of lawfully taking wildlife; (2) Blocks, impedes or otherwise harasses another person who is engaged in the process of lawfully taking wildlife; (3) Uses natural or artificial visual, aural, olfactory, or physical stimuli to affect wildlife behavior in order to hinder or prevent the lawful taking of wildlife (4) Erects barriers with the intent to deny ingress or egress to areas where the lawful taking of wildlife may occur; (5) Interjects himself or herself into the line of fire; (6) Affects the condition or placement of personal or public property intended for use in the lawful taking of wildlife in order to impair its usefulness or prevent its use; or (7) Enters or remains upon private lands without the permission of the owner or the owner’s agent, with intention to violate this section.
Sec. 10-18 Fluorescent orange requirements:
(a) Fluorescent orange safety clothing is required during the hunting season statewide for all hunters. To meet this requirement, safety clothing must be solid daylight fluorescent orange. Fluorescent camouflage does not meet this requirement. The hunter orange must be worn above the waist and be visible in all directions. Examples that meet the orange requirements are a hat that covers 200 square inches or combination of hat and vest covering 500 square inches. The following orange requirements apply:
(1) Two hundred (200) square inches by small game hunters during the small game season.
(2) Two hundred (200) square inches by fall turkey hunters while traveling.
(3) Two hundred (200) square inches by muzzleloaders during muzzleloading deer season.
(4) Two hundred (200) square inches by archers when traveling to/from stands during muzzleloading deer season.
(5) Five hundred (500) square inches by all hunters and other users (including archers) during shotgun deer seasons.
(6) Those hunters using Pop-up blinds during the firearms deer season must display 200 square inches of fluorescent orange visible on the outside of the blind from all directions. Hunters must also wear orange in accordance with the rules for the specific seasons while in the blind.
(b) Exempt from fluorescent orange requirements are:
Waterfowl hunters hunting from a boat or blind, over water or field, when done in conjunction with decoys.
(2) Archery deer hunters (except during muzzleloader and shotgun deer season).
(3) Hunters crow hunting over decoys.
(4) Spring turkey hunters and
(5) First segment dove hunters.
(6) Not required in areas limited to Archery only by regulation.
(c) All other users of State Management areas and underdeveloped State Parks, including but not limited to hikers, bikers, and horseback riders, are required to wear two hundred (200) square inches of solid daylight fluorescent orange from the second Saturday in September to the last day of February, and the third Saturday in April to the last day in May, annually.
Individuals requesting interpreter services for the hearing impaired must call (401) 466-3200 forty-eight hours in advance of the meeting date. TTY: 711.
Posted: February 10, 2014
Hearing: March 3, 2014