The Block Island Times
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Public Notices - September 14, 2013

Issue #37
Oct 14, 2013

Public Notice
Historic District Commission Meeting
Monday, September 16, 2013
Town Hall Meeting Room, Old Town Road
7:00 pm
AGENDA

A. Call to Order
B. Matters from the Public not on the Agenda
C. Approval of Minutes
D. Final Review:
1. BI Resorts, Inc. Plat 7, Lot 6 &7. Application by Steve Draper for BI Resorts, Inc for renovation to the
Guest House.
2. Andiamo Zeke LLC. Plat 6, Lot 89. Application by Joseph Brennan for Aldo’s Bakery and Restaurant to construct planter, arbor, and fence.
3. Block Island Economic Development Housing. Plat 6, Lot 90. Application by Greta Heinz on behalf of Block Island Early Learning Center to construct a shed and fence installation.
E. Discussion of Illegal Signs and Prohibited Banners.
1. Memo to the Building Official dated September 5, 2013 re: Notice of Violations.
2. Discussion of the Building Official’s plan to address Notice of Violations.
F. Discussion/Act on Notice of Violation for the Surf Hotel’s awning over the east deck.
G. Adjournment
*Individuals requesting interpreter services for the Hearing Impaired must call 466-3200 forty-eight hours in advance of the meeting date. TTY: 711 Posted 9/11/2013 tlc

 

 

Public Notice
Not a legal posting: agenda be amended after press time
Electric Utilities Task Group
Town Hall, Old Town Road
Monday, September 16, 2013
12:30 p.m.

1. Public Input
2. Approve Minutes of August 14. 2013
3. Deepwater Wind Update
4. Discuss and act on Net Metering
•    Handy Memo
•    Vin Ryan Response
•    Alan Mandl letter re: Rates for Solar Power
5. Review Correspondence from Michael Beauregard
6.   Discuss and Act on LED Street Lighting
7.   Discuss and Act on Economics of BIPCo Proposal to Switch to LNG
8.  Discuss and Act on Estimated BIPCo Purchase Power Costs with Cable
9.  FY 2012 BIPco Financials
10. Discuss and act on analysis of BIPco Emissions.
Next Meeting:  October 21, 2013
Individuals requesting services for the hearing impaired must call (401) 466-3200 forty-eight
hours in advance of the meeting date. TTY: 711 Posted:  blr

 

Public Notice
INVITATION TO BID

Separate sealed Bids will be received for the TOWN OF NEW SHOREHAM, RHODE ISLAND for the TOWN BAIT DOCK REPAIRS – NEW SHOREHAM, on or before 2:00 P.M. on September 16, 2013 at the office of the Town Manager, Town Hall, Old Town Road, Block Island, Rhode Island and will be opened and read in public.
Plans and Specifications (one set per Bidder) for the TOWN BAIT DOCK REPAIRS – NEW SHOREHAM may be obtained at the office of James J. Geremia & Associates, Inc., 272 West Exchange St., Suite 201, Providence, RI between the hours of 9:00 A.M. and 4:00 P.M., Monday through Friday, after August 26, 2013 (or at the Town Manager’s Office, New Shoreham Town Hall) upon payment of a non-refundable deposit of $35.00 per set (check to be made payable to “James J. Geremia & Associates, Inc.”).  Bidders requesting contract documents by mail shall forward a non-refundable check (check to be made payable to “James J. Geremia & Associates, Inc.,” in the amount of $20.00 per set (to cover costs of handling), and shall provide a UPS or a Federal Express account number.
A pre-bid conference is scheduled to be held in the Council Chambers at the New Shoreham Town Hall at 9:30 A.M.  prevailing time on September 5, 2013.
Inquiries relating to the Bid Documents shall be directed to:  Mr. Richard St. Jean, P.E., St. Jean Engineering, LLC, 1145 Middle Rd., East Greenwich, RI 02818 (Tel:  401-398-0999).
All Bids must be submitted (in duplicate) and clearly marked:
(Sealed Bid):   TOWN BAIT DOCK REPAIRS – NEW SHOREHAM
Bids must be enclosed in an opaque envelope addressed to:
Town Manager
Town Hall
P.O. Drawer 220
Block Island, Rhode Island   02807
No Bidder may withdraw his Bid within one hundred twenty (120) 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 (Tel:  401-466-3200) three (3) business days prior to the Bid opening.
Date:    August 23, 2013    
Nancy O. Dodge
Town Manager
New Shoreham, RI

 

Legal Notice
ZONING MODIFICATION REQUEST
Mendelson, Barbara.  Plat 11, Lot 45.
Zoning Modification request to construct new additions onto a prior existing Single Family Dwelling shown on the building plans as a eight (8) foot by eight (8) foot entry onto the south elevation, a twelve (12) foot by sixteen (16) foot addition onto the North Elevation and extend an existing exterior deck by three (3) feet.  The proposed new construction will be located forty (40) feet from the western property line of Lot 45.  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 September 16, 2013 the Modification will be granted.
Marc A. Tillson
Building Official
Town of New Shoreham

 

Public Notice
Notice of Public Hearing
To Consider Proposed Amendment to New Shoreham Zoning Ordinance
Section 111 ‘General Prohibitions’ and Section 506 ‘Onsite Wastewater Treatment Systems (OWTs)’ Relating to Galley Leach Fields

The New Shoreham Town Council will consider changes to the Zoning Ordinance at a public hearing 7:00 p.m. Wednesday September 18, 2013 at Town Hall, Old Town Road, New Shoreham.  The proposal follows, with new language in italics and language to be removed stricken out (like this).  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 1 - Section 111 - General Prohibitions
The following uses are prohibited in all (except as noted) zoning districts:
24. the use of galley leach fields as a means of treating on-site wastewater effluent shall be prohibited for all new ISDS OWTS, ISDS OWTS alterations and major repairs (see Section 506D.4); (Amended November 21, 1998)
Article 5 - Section 506 - Onsite Wastewater Treatment Systems (OWTSs)
C. Definitions:  Any term not defined herein, shall be governed by the definition as it appears in the current OWTS Rules.
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“Failed OWTS” means any OWTS that does not adequately treat and disperse wastewater so as to create a public or private nuisance or threat to public health or environmental quality, as evidenced by, but not limited to, one or more of the following conditions:
(1)    Cesspools, which are not an approved method of wastewater disposal under the OWTSs Rules and this Ordinance.  All existing cesspools are considered to be substandard wastewater treatment systems.  As of December 31, 2005, the use of a cesspool is prohibited, and shall be considered a failed system.
(2)    Failure to accept wastewater into the building sewer;
(3)    Discharge of wastewater to a basement; subsurface drain; stormwater collection, conveyance, or treatment device; or watercourse unless expressly permitted by the Department;
(4)    Wastewater rising to the surface of the ground over or near any part of an OWTS or seeping from the absorption area at any change in grade, bank or road cut;
(5)    The invert of the inlet or the invert of the outlet for a septic tank, distribution box, or pump tank is submerged;
(6)    Pumping of the septic tank is required more than two (2) times per year;
(7)    OWTS is shown to have contaminated a drinking water well or watercourse;
(8)    If a septic tank, pump tank, or distribution box is pumped and groundwater seeps into it; or

(9)    Any deterioration, damage, or malfunction relating to any OWTS that would preclude adequate treatment and dispersal of wastewater; (10)    Excessive solids are evident in the distribution box or distribution lines; and/or
(11)    There is a separation of less than three (3) feet between the bottom of a deep concrete chamber (galley) leach field and the seasonal high groundwater table.
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“Galley Leach Field” is a type of leach  field where the effluent from the septic tank is discharged to a prescribed number of perforated chamber(s) which are typically, although not necessarily, 4 ft x 4 ft x 4 ft and made of concrete.  Galley leach field does not include flow diffusers, or infiltrating systems such as Elgen in-drains or the Infiltrator.
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“Seasonal High Groundwater Table” means the elevation of the groundwater table during that time of the year at which it is highest as determined by direct observation or by interpretation of hydromorphic features in the soil profile, by a licensed class II or III designer, or a licensed soil evaluator.
D.    Regulations:
4.   Deep concrete chambers (galleys), as described in Rule 34.4 of the RIDEM  OWTS Rules, are prohibited for OWTS applications for new building construction and OWTS applications for alterations to a structure, and are specifically prohibited by the Town of New Shoreham as a means of treating on-site wastewater effluent for any OWTS which is new, altered or proposed for major repair (See Article 1 Section 111 – General Prohibitions). Deep concrete chambers will not be permitted except for OWTS applications for Repair when no other type of leachfield can be utilized.  The licensed designer must demonstrate that the repair alternatives to a deep concrete chamber are not feasible. In keeping with the Findings and Purposes of Section 506, it is the intent of this Ordinance to ensure that all existing galley leach fields are operating properly, with the eventual goal of eliminating them from use on Block Island.
a.  Existing galley leach fields shall be subject to the following testing requirements:
(1)    No later than April 1, 2016, each property owner with an OWTS which makes use of deep concrete chambers (galleys) as a leach field shall undertake a soil evaluation test to determine the seasonal high groundwater table.  This test shall be done by a licensed class II or III designer, or a licensed soil evaluator, at a location adjacent to the existing galley drain field and approved by the Wastewater Management Inspector who administers the Wastewater Management Program (See Article IV of Chapter 19 of the Town Code of Ordinances).  The results of the test, which shall include the separation distance between the bottom of the galley leach field and the top of the groundwater table, shall be submitted to the Wastewater Management Inspector.
(2)    The sale of any property containing a galley leach field prior to the date above, shall be contingent upon the completion of the soil evaluation test and the submission of the results to the Wastewater Management Inspector.
(3)    Notwithstanding the above requirements for testing by date or due to the sale of property, the Wastewater Management Inspector may at any time, as a result of his or her inspection and enforcement duties and with evidence of a failed or potentially failed system, require that the property owner perform a soil evaluation test to determine if the galley leach field is functioning properly.
a.  Any OWTS for which it is determined that there is a separation of less than three (3) feet between the bottom of a concrete chamber (galley) leach field and the seasonal high groundwater table shall be considered a failed system and shall be subject to the requirements for replacement under the provisions of this Section 506 and the Wastewater Management Ordinance.
b.  Any OWTS that currently uses a galley leach field which is proposed to be expanded, altered or undergo major repairs shall be required to meet DEM and Town requirements for replacement of the galleys with a leach field that meets current wastewater management standards.

Posted:  July 9, 2013    
Hearing:  September 18, 2013

Notice of Public Hearing
To Consider Proposed Amendments to New Shoreham General Ordinances
Chapter 19 Utilities, Article IV Onsite Wastewater Treatment Systems,
Section 272 ‘Definitions’ and
Section 274 ‘Miscellaneous regulations for OWTS operation and siting’
The New Shoreham Town Council will consider changes to the Zoning Ordinance at a public hearing 7:00 p.m. Wednesday September 18, 2013 at Town Hall, Old Town Road, New Shoreham.  The proposal follows, with new language in italics and language to be removed stricken out (like this).  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. 19-272. - Definitions.
(a)    Any term not defined herein shall be governed by the definition as it appears in the current Rhode Island Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems.
(b)    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:
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Failed OWTS means any OWTS that does not adequately treat and disperse wastewater so as to create a public or private nuisance or threat to public health or environmental quality, as evidenced by, but not limited to, one or more of the following conditions:
(1)    Failure to accept wastewater into the building sewer;
(2)    Discharge of wastewater to a basement; subsurface drain; stormwater collection, conveyance or treatment device; or watercourse unless expressly permitted by the department;
(3)    Wastewater rising to the surface of the ground over or near any part of OWTS or seeping from the absorption area at any change in grade, bank or road cut;
(4)    The invert of the inlet or the invert of the outlet for a septic tank, distribution box, or pump tank is submerged;
(5)    The liquid depth in a cesspool is less than six inches from the inlet pipe invert Cesspools, which are not an approved method of wastewater disposal under RIDEM OWTS Rules and this Ordinance.  All existing cesspools are considered to be substandard wastewater treatment systems.  As of December 31, 2005, the use of a cesspool is prohibited, and shall be considered a failed system;
(6)    Pumping of the cesspool or septic tank is required more than two times per year;(7)    OWTS is shown to have contaminated a drinking water well or watercourse;(8)    If a septic tank, pump tank or distribution box or cesspool is pumped and groundwater seeps into it;(9)    Any deterioration, damage, or malfunction relating to any OWTS that would preclude adequate treatment and dispersal of wastewater; or
(10)    Excessive solids are evident in the distribution box or distribution lines; and/or
(11)    There is a separation of less than three (3) feet between the bottom of a deep concrete chamber (galley) leach field and the seasonal high groundwater table.
Sec. 19-274. - Miscellaneous regulations for OWTS operation and siting.
(h)    Leach Fields. The use of deep concrete chambers (galleys), as described in the Rule 34.4 of the OWTS Rules rule as a means of treating wastewater effluent shall be prohibited for OWTS applications for new building construction and OWTS applications for alterations to a structure, and are specifically prohibited by the Town of New Shoreham as a means of treating on-site wastewater effluent for any OWTS which is new, altered or proposed for major repair.  In keeping with the Findings and Purposes of Section 506 of the New Shoreham Zoning Ordinance, it is the intent of this Ordinance to ensure that all existing galley leach fields are operating properly, with the eventual goal of eliminating them from use on the island. Deep concrete chambers will not be permitted except for OWTS applications for repair when no other type of leachfield can be utilized. The licensed designer must demonstrate that the repair alternatives to a deep concrete chamber are not feasible.
Cross reference—  OWTS Ordinance Section 505(D)(4) (appendix E of this Code).
Posted:  July 9, 2013    
Hearing:  September 18, 2013

 

LEGAL NOTICE
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, September 25, 2013 at 6:00 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. Payne’s1614 Realty, LLC. Plat 5, Lot 111. Appeal of a Notice of Violation dated July 1, 2013.

2. 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.
3. Merkler, William and McAloon, Shannon. Plat 9, Lot 58. Application for a Variance under Section 402(F)(1) for a six lot subdivision with less than 50% of developable land being set aside as protected open space.

 

 

Notice of Public Hearing
Proposed Amendment to New Shoreham General Ordinances
Chapter 8, Article V “Hawkers, Peddlers and Itinerant Vendors,”

The New Shoreham Town Council will hold a public hearing on Wednesday, September 18, 2013 at 7:00 p.m. at Town Hall, Old Town Road, Block Island to consider amending New Shoreham’s Revised General Ordinances Chapter 8, Article V “Hawkers, Peddlers and Itinerant Vendors” Section 8-110 through 8-135.  The ordinance appears below in its entirity, with the language to be added  is underlined and the language to be removed is stricken through, like this.
ARTICLE V. - HAWKERS, PEDDLERS AND ITINERANT VENDORS
Sec. 8-110. - Definitions.

The definitions in G.L. 1956, §§ 5-11-1.1 and 5-15-1, are hereby adopted by reference except as may be herein modified.
Sec. 8-111. - License required.
(a)    No person shall hawk, peddle, offer for sale or sell on any public or private street, lane or road within the town or upon any undeveloped property or upon any area designed primarily for pedestrian passage, any goods, wares or merchandise whatsoever, including any food or beverage, from a stationary location or structure or from a vehicle, cart or any other conveyance which is not stationary, without first having obtained a license issued by the town council pursuant to the provisions of this article; provided, however, that the primary goods and merchandise sold under the license must be food and beverages.
(b)    At no time shall a peddler, hawker or the like operate on town-owned roads, rights-of-way, town property, beaches, shorelines or open space lands without the specific special permission of the town council.
Sec. 8-112. - Application for license; fee; holding multiple licenses; transfer.
(a)    All hawkers, peddlers, itinerant vendors and persons selling or offering for sale any goods, wares or merchandise whatsoever, including any food or beverage, as described in section 8-111, shall make application on a form provided by the town clerk, to the town council for a license. Such application shall be made even if such applicant holds a state license as provided in G.L. 1956, § 5-11-1 et seq. The town council may approve or disapprove the issuance of any license, having in mind the location of the operation, the type, form and size of the structure or vehicle, cart or any other conveyance which is not stationary, and the safety and welfare of the public at large., if the operation is not stationary. (b)    If approved by the town council, the town clerk shall issue a license to sell the articles or substances mentioned in section 8-111 upon the payment of a fee of $50.00 in accordance with the then applicable licensing fee schedule as adopted by the town council and on file with the town clerk. Licenses shall be issued in the name of one individual, company or corporation and for one location, if stationary, or one vehicle, cart or other conveyance if not stationary. No license where food products are involved shall be issued until all approvals required by the state department of health are obtained.
(c)    No more than one license may be issued to any one person and no such license may be transferred to any other person, nor may it be used at more than one location.  
(d)    To be qualified, an applicant must prove that he or she meets the following criteria, in addition to any other criteria that may be imposed by regulations promulgated pursuant to this article:
(1)    The applicant must have been a resident of the town as defined in section 2-2, for five consecutive years prior to the date of the original application.
(2)    The applicant must have been a qualified elector of the town for five consecutive years prior to the date of application, unless ineligible by reason of age.  
(e) No license shall be issued without the hawker or peddler providing proof that he or she has been issued a permit to make sales at retail by the division of taxation. Each applicant shall provide two (2) forms of identification containing the applicant’s address prior to the issuance of the license. If the applicant is a resident of a homeless shelter or other transitional housing program, a letter certifying this residency from the homeless shelter or transitional housing program is acceptable in lieu of the two (2) forms of identification containing the applicant’s address.

Sec. 8-113. - Exemptions.
(a)    No license shall be required of any person selling religious books and publications on behalf of Bible, tract or other religious or moral societies for the purpose of promoting religious or moral improvement, which items are sold for that purpose and not for any pecuniary profit, in accordance with the provisions of G.L. 1956, § 5-11-1 et seq.
(b)    The provisions of this article are not intended to apply to persons 14 years of age or younger so long as they are not operating in the employ of someone over the age of 14.
Sec. 8-114. - Term of license.
Any license issued shall be valid for not more than one year and shall expire at the end of the calendar year in which it is issued unless sooner revoked or suspended.
Sec. 8-115. - Limited licenses for nonprofit corporations.
Nonprofit organizations shall be allowed to apply under the same terms contained herein for a one-day license. The fee for the license shall be $5.00 If approved by the town council, the town clerk shall issue a license upon the payment of a fee of $50.00 in accordance with the then applicable licensing fee schedule as adopted by the town council and on file with the town clerk. and the The maximum number of licenses referred to in section 8-118 shall not apply to these one-day licenses.
Sec. 8-116. - Penalty for not obtaining license.
Anyone who sells or offers for sale any goods, wares or merchandise whatsoever, including food or beverages, without first obtaining a license from the town council as provided in this article shall be subject to a fine of $200.00 $20.00 or imprisonment not exceeding ten days, as provided by the provisions of G.L. 1956, § 5-11-18.
Sec. 8-117. - Suspension or revocation of license.
A license issued under the provisions of this article may be suspended or revoked for just and good cause after notice and hearing before the town council.
Sec. 8-118. - Maximum number of licenses.
Under the provisions of this article, the town council shall be authorized, but not obligated, to issue a maximum of one license three licenses in any one year.
Sec. 8-119. - Restrictions on operation.
(a)    Notwithstanding the issuance of a license under the provisions of this article, no hawker, peddler, itinerant vendor or tradesman of any kind shall sell or offer for sale food or merchandise of any kind except in the areas designated by the town council on the plan on file with town clerk. on the following public highways of the town:
(1) Beach and Corn Neck Road.
(2) Corn Neck Road from Bridge Gate Square to intersection.
(3) Corn Neck Road one-half mile south of Settler’s Rock.
(4) Dodge Street.
(5) North to Scotch Beach Road.
(6) Ocean Avenue from Bridge Gate Square to Connecticut Avenue.
(7) Water Street.

(b)    The chief of police shall, from time to time, submit to the town council additional streets which, in his opinion, because of excess traffic and congestion, are unsafe for the selling or offering for sale of merchandise by hawkers, peddlers and the like.
(c)    At no time shall a hawker, peddler or the like impede the free flow of pedestrian traffic or vehicular traffic. The chief of police is hereby authorized to suspend the operation of hawkers, peddlers or the like at any time and for such periods of time on streets and areas where conditions exist that require him, in his opinion, in the interest of public safety, to do so without a prior request to the town council.
(d)    No person shall operate under a license issued herein except during the hours of 10:00 a.m. to 5:00 p.m. in residential areas, and between the hours of 8:00 a.m. to 6:00 p.m. in business areas, as such areas are shown on the zoning map of the town.
Sec. 8-120. - Procedure for issuance of license.
(a)    Within thirty (30) days of the filing of an application for a license hereunder, whether an original or renewal license, the town council shall take action on the application and shall consider the applications in the order in which they are completed in accordance with this article.
(b)    Applicants who are denied licenses due to unavailability because of the issuance of the maximum number hereunder as provided for in section 8-118 or such other number as the town council may determine shall be placed on the waiting list as provided in section 8-123.
(c)    In determining the fitness of the applicant to be licensed, hereunder, the town council shall consider all information set forth in the application to be filed and the solvency, financial standing, insurance coverage and any other matter which the town council deems pertinent to safeguard the public interest, including without limitation, the applicant’s compliance with town ordinances.
(d)    Each license shall permit the sale of goods, wares or merchandise, including any food or beverage, at one
(1) geographic location in which the plan referenced in section 8-119 permits.

Sec. 8-121. - Review of application by Town Clerk
Upon the filing of an application for a license hereunder or renewal thereof, the town clerk shall determine whether the application is complete in accordance with the terms of this chapter. If the application is incomplete, the town clerk shall forthwith notify the applicant at the address contained in the application. When the application is complete, the town clerk shall forward it to the town council for action.
Sec. 8-122. - License—Renewal.
(a)    Each license may be renewed on or after the first of each year, by application made as provided in paragraph (b) below. An applicant who is granted a license shall obtain the license from the town clerk within thirty (30) days of the granting of same or May 1 of the year for which the license is granted, whichever is later. Otherwise the license may be revoked by the town council.
(b)    Each licensee who seeks to renew a license shall submit an application between November 15 and December 1 of the year in which the license was issued. Licensees seeking renewal of their licenses and who comply with this section in a timely fashion shall be given preference for the following year over applicants on the waiting list.
Sec. 8-123. - Waiting list.
The town shall maintain a waiting list of applicants for licenses under this article. Applicants who are denied licenses because of the unavailability of additional licenses to be issued under this article shall be placed on the waiting list in the order in which applications are acted upon by the town council. When a license becomes available, the applicant first on the waiting list shall be considered next for a license, subject to the provisions of this article limiting the number of licenses which may be issued hereunder as shall then be effective.
Secs. 8-124—8-135. - Reserved.

Before acting, the New Shoreham Town Council will hold a public hearing September 18, 2013 when all persons for or against may be heard.  In the event the proposal is amended at or after the public hearing, any legal requirements as to further public notification shall be followed.  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: August 28, 2013
Hearing: September 18, 2013                                   
Town Clerk Fiona Fitzpatrick

 

 

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