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Council approves as‑built utility work near historic cemetery after state review
Summary
Kingston Farm Properties LLC received council approval for as‑built conduit installation within 25 feet of Historic Cemetery No. 16 at 262 Liberty Lane after the contractor stopped work and state archaeology reviewed the trench.
The Town Council on April 14 granted as‑built approval for a utility trench dug near South Kingstown Historic Cemetery No. 16 at 262 Liberty Lane, closing a short dispute that began when a contractor excavated within 25 feet of the burial site without first obtaining the town permit required under state law.
Jamie Rabbit, the planning director, said town staff discovered the trench during construction of greenhouses on the parcel. The property owner immediately stopped work and entered the permitting process. The Historic District Commission coordinated with the Rhode Island state office of archaeology and historic preservation. Staff said the state review found no evidence in the opened trench that further archaeological disturbance was needed.
The council approved the applicant's request to install conduit and backfill the trench, conditioned on standard as‑built and record submittals.
Why it matters: Rhode Island law limits excavation within 25 feet of identified historic cemeteries. The council's action regularizes work already done in the trench after state review and requires the applicant to file final record documentation.
Details - Applicant: Kingston Farm Properties LLC (site operator: Brandon Family Farm). - Work: New pole placement and a utility trench to feed on‑site greenhouse infrastructure; the pole location was close to an existing pole and the contractor excavated an on‑line trench. - Agency review: The HDC and the state archaeology office reviewed the as‑built trench and recommended backfill and normal site restoration because no historic materials were found during excavation. - Council action: Approved as‑built application; staff to require final as‑built drawings and loam/seed restoration before closing the file.
Quote "The landowner became extremely cooperative, stopped all work, and immediately entered the permitting process," Planning Director Jamie Rabbit said. "They coordinated with the state office of archaeology and historic preservation and we were comfortable with the recommendation to backfill and restore."
Ending: The council stressed the need for contractors and utilities to confirm permit requirements before excavation around identified burial sites and required the applicant to submit final record drawings and restoration plans.
