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Portsmouth zoning board continues Prudence Island house application, requires engineered road plan
Summary
The Zoning Board continued Alfred Souza’s request to develop a 0.133-acre lot on Prudence Island and required an engineering report and drawings addressing a proposed 500-foot access improvement, citing drainage, fire access, and neighborhood impacts raised by multiple abutters.
The Portsmouth Zoning Board of Review continued an application from Alfred Souza to build a small house on a 0.133-acre lot at 0 Bayview Avenue on Prudence Island and required the applicant to submit an engineering report with drawings addressing proposed roadway improvements.
Souza told the board he planned to improve roughly 500 feet of paper (unimproved) right-of-way to reach the lot and proposed a gravel surface consistent with other private island roads. He said he would be responsible for snow removal and maintenance and that he would attempt to spare larger trees when possible. Souza said he preferred the path that disturbed the fewest existing neighbors and is prepared to provide sketches and further documentation.
Abutters and island residents responding in person and online urged caution. Erica James and Malik Gotcham, who live near the proposed access, said they fear loss of mature trees, habitat disruption, and damage to gardens and wells. Farmer Daniela Craven, who said she owns 420 feet of adjoining property, testified about soil erosion risks, grant-funded agricultural projects that could be affected, and concerns about outdated pit-test and septic data. Bruno Bukacci and other residents recounted longstanding runoff and drainage problems on Narragansett Avenue and questioned who would be liable for future flood or erosion damage if a private right-of-way were improved.
Legal questions were raised about whether improving a paper road could create a functional public-access road or otherwise change the town’s obligations; speakers cited Rhode Island cases (as recorded in public comment) arguing that municipalities historically have not been required to accept unimproved paper roads as public roads. Town staff and board members said the relevant legal distinction in this hearing is between a private right-of-way (which the town does not accept or maintain) and a dedicated public road; the board noted that requiring engineering plans does not, by itself, convert the right-of-way into a town-maintained public road.
Board members asked whether the fire department’s 18-foot access recommendation would dictate the clearing width, how drainage would be managed, and whether the Department of Public Works (DPW) or the Fire Department would inspect the work. The assistant planner and staff recommended collaboration with DPW and the fire department, and one member suggested that engineering drawings be prepared and reviewed so neighbors and agencies can evaluate potential runoff and erosion impacts.
At the applicant’s request the board continued the public hearing to the next meeting and amended the continuance to require submission, through the board, of an engineering report that includes drawings and data addressing proposed roadway alignment, surface, drainage controls, erosion mitigation, and the measures recommended by DPW and the fire department. The amended motion passed by voice vote. The board emphasized it would hear further public comment on the engineering submission and retain jurisdiction to require changes to protect neighboring properties and town infrastructure.
