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Council continues DOT permit request near State Farm Cemetery No.1 over archaeological and legal questions
Summary
The committee continued a petition asking permission for construction within 25 feet of the boundaries of State Farm Cemetery No. 1 after the solicitor said state law (Title 23) and the Historical Preservation & Heritage Commission likely require surveys and additional documentation to ensure burials won't be disturbed.
The committee continued consideration of a Rhode Island Department of Transportation petition to allow construction within 25 feet of State Farm Cemetery No. 1 after staff and council members said the application lacked evidence needed to confirm the work would not disturb historic remains.
Solicitor's office staff summarized applicable law and regulation, noting that Rhode Island general laws under Title 23 and the Historical Preservation & Heritage Commission rules impose substantive requirements for permitting work near historic cemeteries. An archaeological survey and documentation of boundary determinations are commonly required, the solicitor said, because historic cemetery boundaries often cannot be reliably identified without field study. "Those rules and regulations are very specific in terms of what an applicant needs to do and present to a city council before a permit to alter an historic cemetery area can be granted," the solicitor said.
Frank Caro, director of public works, said DOT had not sent a representative and that the department would be willing to attend a future meeting to explain the request. The committee voted to continue the petition and asked the solicitor and public works to assemble the legal checklist, required survey or archaeological work, and any missing application materials before the next hearing.
