PUBLIC HEARING of the Town Council held Wednesday, March 14, 2001 at 7:18 p.m. in the Council Chamber, Town Building, Harrisville for and within the Town of Burrillville.
MEMBERS PRESENT: Council President Wallace F. Lees, Councilors Jacqueline Zahn, William A. Andrews, Louis Bleiweis, Edward F. Bonczek, William E. Gonyea and Norman C. Mainville.
MEMBERS ABSENT: None
Relative to considering and acting upon declaring Lee Circle and Whiting Lane public highways in the Town of Burrillville. Description is as follows:
Right of Way Plan, Lee Circle & Whiting Lane, Assessor s Plat 133 Lots 5-8; 10-26; 32, 33; Assessor s Plat 134 Lots 5-7; Assessor s Plat 150 Lots 5 & 6; Assessor s Plat 151 Lots 2 & 3; Burrillville, RI. Prepared by ATS Survey, Inc.
NOTE: The notice of meeting and full description was advertised in the legal section of the Woonsocket Call on March 2, 2001; and a summary description was advertised in the legal section of the Woonsocket Call Friday, March 9, 2001 and Tuesday, March 13, 2001.
NOTE: Notice was sent to all abutting property owners by certified mail, as required by law.
Legal analysis from Town Solicitor Walter J. Kane.
Walter J. Kane, Town Solicitor, stated that the Town was proceeding under Chapter 2 of Title 24 of Rhode Island General Laws. The RIGL set out a process by which public ways that a community has used and maintained for more than 20 years can accepted as part of the public street system. In compliance with the process, personal notification has been sent to all people who abut Lee Circle and Whiting Lane, the intention to declare the roads public has been advertised, the Town completed a survey and the survey has been available. Anyone who feels that the process is incorrect or that they are aggrieved has a right to appeal to the Superior Court.
This is part of a process that the Town Council, Town Manager and Department of Public Works have instituted to take into the Town system many roads that were dedicated originally by the developer to be Town roads but still remain private property, but public ways. These roads can then be put on the schedule of roads to be rebuilt.
Mr. Kane said that the map shows trees, stating the Public Works Department s policy to try to repave basically where the actual road has been and, as much as possible try not to remove any trees. He also stated that he had heard from an individual who lives at the end of Whiting Lane who said that he had no problem with the road being paved, but hoped that a Dead End sign would be placed at the end of the road.
Testimony from Richard P. St. Sauveur, Superintendent, Department of Public Works.
Richard St. Sauveur said that both roads had been maintained for at least 20 years. The work planned for the roads will be a tremendous improvement for residents and will remove a burden from the Town. The road would be basically directly over the footprint of the present road, though it may deviate by a small amount.
Testimony from Jeffrey Bragdon, ATS Survey, Inc.
Councilor William A. Andrews asked the reason that one road is 33' wide and the other is 40'. Jeffrey Bragdon responded that it was platted that way in the past. Mr. Bradon pointed out that Lee Circle, in particular, shows 33', 40' and 50' at different areas.
Councilor Norman C. Mainville asked whether the intent was to asphalt these roads. It will be put on the improvement schedule and then it will be improved along the way. Town Manager Michael C. Wood pointed out that the timeframe depends upon the budget, but that it is scheduled within two fiscal years.
Public Comment
Ernest Coit Jr of 11 Whiting Lane stated that a berm had been build on the road across from his house, causing water to run onto his property, washing out his property. Mr. Coit said he had no problem with the berm, but felt it needed to be built on both sides, allowing the water to run to Wakefield Road. Richard St. Sauveur said the problem would be addressed, but that it is difficult to create anything permanent with the gravel road.
VOTED to close the Public Hearing.
Motion by Councilor William A. Andrews. Seconded by Councilor Jacqueline Zahn. The vote was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilors Jacqueline Zahn, William A. Andrews, Louis Bleiweis, Edward F. Bonczek, William E. Gonyea and Norman C. Mainville.
VOTED passage of the resolution declaring Lee Circle and Whiting Lane public highways.
Motion by Councilor Norman C. Mainville. Seconded by Councilor William A. Andrews. The vote was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilors Jacqueline Zahn, William A. Andrews, Louis Bleiweis, Edward F. Bonczek, William E. Gonyea and Norman C. Mainville.
VOTED to adjourn.
Motion by Councilor Jacqueline Zahn. Seconded by Councilor William E. Gonyea. The vote was unanimous. Voting in favor of the motion were Council President Wallace F. Lees, Councilors Jacqueline Zahn, William A. Andrews, Louis Bleiweis, Edward F. Bonczek, William E. Gonyea and Norman C. Mainville.
Information relating to the public hearing is on file with the record of the minutes. The hearing was taped and the tape is on file with the record of the minutes.
Recorded by
Louise R. Phaneuf, Town Clerk
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