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Planning board continues Cutler Court corrective plat; asks applicant for revised drainage and grading plan

August 15, 2025 | Portsmouth, Newport County, Rhode Island


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Planning board continues Cutler Court corrective plat; asks applicant for revised drainage and grading plan
The Portsmouth Planning Board on Aug. 14 continued consideration of a corrective plat and a drainage amendment for the Cutler Court Subdivision after residents raised concerns about surface runoff and lot elevations.

The matter, continued to the board's Sept. 11 meeting, centers on a corrected recorded plat and a request to reduce the length of roadside drainage swales on Cutler Court by roughly 20 to 30 feet. The applicant said the original recorded plat contained drafting omissions and that the change to swale length would not, in their view, increase flood risk.

The board's vote to continue came after several residents described repeated surface water on their lots. Jonathan Jeffries, who identified himself as Lot 49C, said standing water has reached his basement subgrade window on multiple occasions and that the missing swale extension at the circle’s lower side directs additional runoff onto his property. “I have video in my pocket,” Jeffries said, describing episodes of standing water that reached near his foundation.

Resident Susan Ware (Lot 49D) objected to any reduction from the original approved plans and said several required features — rain gardens and intended swale alignments — were not constructed as shown on the subdivision drawings. “For it to be more than 30 feet off and not being the closure…what else is not correct?” Ware asked the board.

Applicant John Brager Jr., a registered land surveyor and professional engineer, told the board the recorded plat contained a layer that had been turned off when printed; the corrected plat restores exterior angles and closes the lots. Brager said the roadside swales were originally overdesigned and that losing 20 to 30 feet on one side would not compromise the stormwater design. “I don't feel there's any risk,” he said, adding that the road and improvements otherwise appear adequate and consistent with DEM approvals.

Former public works director Brian Woodhead said the homeowners association is recorded in the plat record and described how the constructed drainage system routes runoff: some flows into a sequence of drainage wells and catch basins that ultimately discharge to a downstream pond. He noted the developer still has an outstanding road bond and that final paving and as-built elevations remain to be confirmed.

Developer Connor Melville, who said he is bonded for the road work, told the board he is willing to meet with affected homeowners and work to resolve problems before final acceptance. “I'm responsible for the road, and I would love to get that road built,” Melville said.

Board members asked the applicant to return with a specific plan that includes an exaggerated crown through the cul-de-sac, a small Cape Cod berm in front of the two lots reporting problems, refined grading details, and verification of as-built elevations. The planner was also asked to verify the recorded status and maintenance responsibilities of the homeowners association.

Votes at a glance

- Motion to approve the June 12, 2025 Planning Board meeting minutes: motion made and seconded; chair called the vote and the motion carried (vote details not recorded in the transcript).

- Motion to continue the Cutler Court corrective plat and drainage amendment to the Sept. 11, 2025 meeting so the applicant can work with the planning officer to provide a revised plan addressing crown, berms, detailed grading, HOA verification and advance notice to homeowners: motion made and seconded; voice vote in favor; motion carried.

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