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Council directs town manager to provide notarized access letter for 28 Carlton Place; DEM wetlands concerns noted
Summary
The council asked the town manager to prepare a notarized letter to satisfy DEM requirements for a driveway reconfiguration at 28 Carlton Place, while councilors and staff noted the property lies near Madison's Pond and within a watershed buffer.
The West Warwick Town Council on Tuesday unanimously moved to ask the town manager to handle a request for a notarized letter allowing access from a private property at 28 Carlton Place onto a town right-of-way.
Town staff explained the request came after Rhode Island Department of Environmental Management (DEM) flagged the property's proposed driveway reconfiguration as affecting a freshwater-wetlands buffer near Madison's Pond. Planning had given partial approval; DEM requested a notarized letter from the town indicating authorization for the owner to access the town right-of-way within the buffer.
Town planning staff (referred to in the meeting as Al) told council members the zoning board had previously approved removing a carport and relocating the driveway, but because part of the area falls in wetlands, DEM has required the additional notarized letter of authorization. In the meeting, a staff presenter summarized that "the only thing the town has to do is provide the notarized letter." The planner also said the zoning board's action allowed the driveway relocation but the project required DEM approval to proceed because of alterations proposed in the wetland buffer.
Council members discussed whether issuing the letter would create liability or set an unwanted precedent. Staff and the town solicitor were cited as having reviewed the matter; staff recommended the town manager sign the letter along with the town planner and the public works director so DEM's requirement would be satisfied.
A council member moved that the town manager handle the request; the motion carried by voice vote.
Ending: Council members agreed the manager and administrative staff (planner and DPW director) would execute the notarized letter; the council did not direct any change to the zoning board approval process and noted DEM has final permitting authority for wetland impacts.
