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Council approves as‑built utility trench work near private historic cemetery after owner halted excavation

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Summary

The Town Council granted as‑built approval for a utility trench dug within 25 feet of Historic Cemetery No. 16 after the landowner stopped work and coordinated with the Historic District Commission and the state archaeology office.

The Town Council on April 14 approved an as-built application for utility trenching that occurred within 25 feet of South Kingstown Historic Cemetery No. 16 (Liberty Lane, Plat 24-2 Lot 67). The trench was excavated by a contractor working for the landowner to serve a new greenhouse; town staff said the contractor was not aware the work required a permit because of the cemetery’s proximity. Once the activity was identified, the landowner stopped work and entered the permitting process.

Planning Director Jamie Rabbit told the council the Historic District Commission and the State Office of Archaeology and Historic Preservation reviewed the trench and found no evidence of disturbance to remains or grave features in the exposed soil. The agencies recommended filling the trench and installing conduit rather than further disturbance. "The landowner became extremely cooperative, stopped all work, and immediately entered the permitting process," Rabbit said.

The council voted to approve the as-built application and allow the conduits to be installed in the existing trench and backfilled. The approval included coordination steps and record-keeping for possible future soil export; the council recorded no opposition during the public hearing. Representatives for the property owners said they had voluntarily undertaken cleanup and maintenance of the small cemetery after neighbors raised concerns about its condition.

The project record notes that private cemeteries in town are the responsibility of the underlying landowner and that the town’s approval was limited to permitting the as-built work rather than authorizing additional excavation.