PUBLIC HEARING of the Town Council held Wednesday, December 10, 2003 at 7:00 P.M. in the Council Chamber, Town Building, Harrisville for and within the Town of Burrillville.
MEMBERS PRESENT: Council President Wallace F. Lees, Councilors William A. Andrews, Louis Bleiweis, Edward F. Bonczek, Ronald E. Faford and William E. Gonyea.
MEMBERS ABSENT: Councilor Jacqueline Zahn was excused due to a work commitment.
Relative to considering and acting upon the petition of Anthony R. Sorrentino and Monica L.M. Sorrentino, LLC to abandon one hundred percent (100 %) of its interest in and to the Old Tarkiln Road, other than for its declaration of easement to the Nasonville Water District, which is abutting Map 149, Lots 17 and 18:
NOTE: The notice of meeting and description was advertised in the legal section of the Woonsocket Call on November 25, 2003, December 2, 2003 and December 9, 2003.
NOTE: Notice was sent to all abutting property owners by certified mail, as required by law.
1. Comments from Robert A. Mitson, Esq., representing the petitioners, Anthony R. Sorrentino and Monica L.M. Sorrentino, LLC.
Robert A. Mitson, Esq., representing the petitioners, Anthony R. Sorrentino and Monica L.M. Sorrentino, LLC, addressed the Town Council. Mr. Mitson indicated that the use of Old Tarkiln Road has been discontinued for more than forty years. He stated that the Sorrentinos have a large tract of land abutting Old Tarkiln Road and they want to acquire interest for access to a small cluster development that they have proposed to the Planning Board.
Mr. Mitson stated that abandonment of Old Tarkiln Road would have no adverse affect on the abutters. Additionally, he referred to engineering studies that revealed a water line at Old Tarkiln Road, which has been addressed by granting an easement to the Nasonville Water District.
Mr. Mitson discussed that the Planning Board has acted favorably on the conceptual plan. He briefly described the project.
The legal consequence of the road abandonment would result in the abutting owners acquiring one-half of the roadway. Mr. Mitson indicated that the roadway has been mapped by an engineer and that the meets and bounds description is attached to the petition.
Walter J. Kane, Town Solicitor, asked whether the petitioners were prepared to say that, if there is suit brought, the Town would be reimbursed by the petitioners. Mr. Mitson agreed to a stipulation by the Town Council that he prepare an indemnification agreement. Thus, if an abutting owner is harmed and brings suit against the Town, the Sorrentinos would act as guarantors. Mr. Kane asked Mr. Mitson to prepare the indemnification agreement as part of the request. Mr. Mitson agreed.
VOTED to receive and file the report of Jeffrey R. Fontaine, Certified Residential Appraiser, Preferred Appraisal Services.
Motion by Councilor William A. Andrews. Seconded by Councilor Louis Bleiweis. The vote was unanimous by the six members present. Voting in favor of the motion were Council President Wallace F. Lees, Councilors William A. Andrews, Louis Bleiweis, Edward F. Bonczek, Ronald E. Faford and William E. Gonyea. Councilor Jacqueline Zahn was excused.
Public Comment
Thomas J. Kravitz, Director of Planning & Economic Development, pointed out that deeds must be prepared for the abutters, to include a revised description of the parcels.
VOTED to close the Public Hearing.
Motion by Councilor William A. Andrews. Seconded by Councilor Louis Bleiweis. The vote was unanimous by the six members present. Voting in favor of the motion were Council President Wallace F. Lees, Councilors William A. Andrews, Louis Bleiweis, Edward F. Bonczek, Ronald E. Faford and William E. Gonyea. Councilor Jacqueline Zahn was excused.
VOTED to grant favorable action and abandon this road, with the stipulation put forth by the Town Solicitor.
Motion by Councilor William A. Andrews. Seconded by Councilor Louis Bleiweis. The vote was unanimous by the six members present. Voting in favor of the motion were Council President Wallace F. Lees, Councilors William A. Andrews, Louis Bleiweis, Edward F. Bonczek, Ronald E. Faford and William E. Gonyea. Councilor Jacqueline Zahn was excused.
VOTED to adjourn at 7:10 P.M.
The hearing was taped. The tape is on file with the minutes.
Louise R. Phaneuf, Town Clerk
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