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Saturday, November 10, 2012

Town Council meets Tuesday, not Monday

Here is the actual order of business
Whalerock on Zoning Board agenda
By Will Collette

Due to observance of Veterans Day on Monday, the usual Council meeting day, the Council will meet on Tuesday and at an earlier starting time – 5:30 PM, instead of its usual 7 PM.

At 7 PM, the Zoning Board will meet in the Council Chambers and at the top of their agenda is a continuation of their consideration of what to do about the controversial Whalerock project which was remanded to the Board by the state Superior Court.

In recent months, as a service to Progressive Charlestown readers, I’ve been providing a version of the Council agenda that shows the actual order of business. Each month, the Council regularly moves some items higher in the agenda, usually to accommodate a guest, and puts other items into the “Consent Agenda.” The consent agenda items are generally, but not always, non-controversial items that are voted on by the Council as a bloc without discussion or debate.

Anyway, these alterations to the agenda make the official version posted on Clerkbase and handed out at the Council meetings almost impossible to follow. So for your convenience, you can use this unofficial – but real – version instead.



The regular monthly meeting of the Charlestown Town Council will be held on November 13, 2012 at 5:30 p.m. at the Charlestown Town Hall, 4540 South County Trail, Charlestown, RI.  The proposed agenda is as follows:

1.      CALL TO ORDER, Moment of Silence, Pledge of Allegiance

2.      ROLL CALL
Motion to move item 15b to be heard next on the agenda.

15.    ORDINANCES, RESOLUTIONS AND PROCLAMATIONS
b.   Certificate of achievement for Andrew Kenneth Thoman for obtaining the high rank of Eagle Scout

3.      PUBLIC COMMENT for items not on the Agenda

4.      COUNCIL COMMENTS

5.      PERSONS WISHING TO BE HEARD - None

6.      ADMINISTRATOR, SOLICITOR, COMMISSION REPORTS
b.   Town Solicitor

7.      UNFINISHED BUSINESS - None

8.      NEW BUSINESS - None

9.      PUBLIC HEARINGS - None

10.    COUNCIL SITTING AS BEVERAGE LICENSING BOARD
a.   Public hearing and potential action on the following license renewals:
CHARLESTOWN PACKAGE STORE, INC. d/b/a “Charlestown Package Store”, to apply to premises located  at 4625 Old Post Road – Class A. Designated premises: building only; daily November 1 through May 31 from 7:00 am to 10:00 pm, June 1 through October 31 from 7:00 am to 11:00 pm, and until 11:00 pm on eve of legal holiday or on Saturday eve where a legal holiday falls on Monday
SERRA, RICHARD C. d/b/a “Rippy’s Liquor & Marketplace”, to apply to premises located at 4158 South County Trail– Class A. Designated premises: building only; daily from 7:00 am to 10:00 pm
BIRDMAR ENTERPRIZES, INC. d/b/a “The Cove”, to apply to premises located at 3963 Old Post Road – Class BV Full. Designated premises: restaurant and deck only; daily from 11:30 am to 1:00 am
CHARLESTOWN WILLOWS d/b/a “Foster Pier Restaurant”, to apply to premises located at 5310 Old Post Road– Class BV Full. Designated premises: restaurant and deck, special wedding area (adjacent to water), clambake house, adjacent to cottage #130, dockside building, and enclosed pool area; daily from 7:30 am to 11:00 pm
MGMR GROUP, INC. d/b/a/ “Meadow Brook Inn”, to apply to premises located at 168 Carolina Back Road– Class BV Full. Designated premises: restaurant and formal garden area only; daily from 10:00 am to 12:00 am
NORDIC LODGE, INC. d/b/a/ “Nordic Lodge”, to apply to premises located at 178 East Pasquisett Trail – Class BV Full. Designated premises: restaurant and area between rear of restaurant and pond; Friday from 4:00 pm to 11:00 pm, Saturday from 11:00 am to 11:00 pm, and Sunday from 12:00 pm to 9:00 pm
OLD WILCOX TAVERN, INC. d/b/a/ “Wilcox Tavern”, to apply to premises located at 5153 Old Post Road– Class BV Full. Designated premises: restaurant and patio area only; daily from 5:00 pm to 10:00 pm
MARR, CRAIG T. d/b/a “The Breachway Grill LLC”, to apply to premises located at 1 Charlestown Beach Road – Class BV Full. Designated premises: Indoor Restaurant Space and Outdoor Patio Space only; daily from 11:00 am to 1:00 am
C & E PIZZA, INC. d/b/a “Famous Pizza”, to apply to premises located at 3986 Old Post Road – Class BV Limited. Designated premises: restaurant only; daily from 11:00 am to 9:00 pm
FIGARSKY, COURTNEY d/b/a “Gentleman Farmer Diner”, to apply to premises located at 4349 South County Trail – Class BV Limited. Designated premises: restaurant and deck/patio only; daily from 6:00 am to 9:00 pm
G.J.S.I.,  INC, d/b/a G.J.S.I. Tavern and Inn to apply to premises located at 4115 Old Post Road – Class BV Tavern. Designated premises: patio area abutting tavern enclosed by tarmac and stone wall, snack bar and patio area in front of the snack bar/house and lawn abutting the Inn towards the northeast, with no service easterly from tarmac and rear of snack bar to US Route 1; daily from 11:00 am to 1:00 am
DOWNEY WEAVER POST BUILDING ASSOCIATION d/b/a “Downey Weaver Post No. 34, American Legion”, to apply to premises located at 20 Whipple Drive – Class D Club. Designated premises: club building, picnic area and horseshoe pit area only; daily from 9:00 am to 1:00 am
b.   Motion to set the following cap on beverage licenses within the Town of Charlestown: Class A: 2; Class B Full: 6; Class B Limited: 2; Class B Tavern: 1; Class D:1
c.   Request from the Charlestown Willows for their annual closure on September 18, 2012 and reopening on May 25, 2013.

12.    CONSENT AGENDA All items marked with “CA” are to be considered consent agenda
Motion to accept approve and place on file the following as the consent agenda: 11a1, 11a2, 11a3, 11a4, 11a5, 11a6, 11a7, 13a, 13b, 15a, 17b, 18a, 18b and 18c

11.    LICENSES AND PERMITS
“CA” a.  Applications received for General Entertainment Licenses for the following Beverage License Holders.  (May be done as one motion or individually.)  All applications are in order.
1.   Birdmar Enterprizes Inc. d/b/a “The Cove” – Hours of Indoor Entertainment: Monday-Sunday, 7:00 p.m. to 1:00 a.m.  Outdoor: Friday-Saturday, 7:00 p.m. to 12:00 midnight; Sunday-Thursday until 10:00 p.m. 
2.   Charlestown Willows Inc. d/b/a “Foster Pier Restaurant” – Hours of Entertainment: No later than 11:00 pm.
3.   MGMR Group Inc. d/b/a/ “Meadow Brook Inn” – Hours of General Indoor/Outdoor Entertainment: Monday-Sunday ll:00 am to 12:00 midnight.
4.   Old Wilcox Tavern, Inc. d/b/a “Wilcox Tavern” – Hours of Entertainment: Saturdays, 7:00 pm to 9:00 pm.
5.   Marr, Craig T. d/b/a “The Breachway Grill LLC” – Hours of Entertainment: Daily, 6:00 pm to10:00 pm.
6.   G.J.S.I, INC., d/b/a G.J.S.I. Tavern and Inn – Hours of Indoor Entertainment: Friday and Saturday, 8:00 pm to 12:00 pm.
7.   Downey Weaver Post Bldg Assoc. d/b/a “Downey Weaver Post No. 34 American Legion” – Hours of Entertainment:  varies due to the functions but will start no earlier than noon and end 12:00 midnight.

13.    MINUTES AND REPORTS
“CA” a.  Town Council Minutes: September 24, 2012; October 3, 2012; October 9, 2012 (Executive and Regular); October 15, 2012; October 28, 2012; November 7, 2012
“CA” b.  Reports: Town Clerk – October 2012; Treasurer – August 2012

15.    ORDINANCES, RESOLUTIONS AND PROCLAMATIONS
“CA” a.  Resolution in support of an Affordable Housing moratorium & reactivation/reconstitution of the Oversight Commission as recommended by the Affordable Housing Review Advisory Group
PC Comment: this means Charlestown's crusade to exempt our town from state law begins in earnest. Watch how this new Affordable Housing group will supplant the town's Affordable Housing Commission's Town Charter-granted powers.

17.    APPOINTMENTS AND RESIGNATIONS
“CA” b.  Acceptance of the resignation of Jill Cuddy from the Parks and Recreation Commission with regret

18.    FISCAL MATTERS
“CA” a.  Approval of the Rubberized Asphalt Chip Seal Bid to All States Asphalt, Inc. for use on Shannock Road and other Town roads (in the Spring of 2013 as funds remain available) for an amount not to exceed $109,260 as budgeted in the General Fund Budget, line item 01.990.9961.
“CA” b.  Approval of the SCAG Model Mower Bid to Pat’s Power Equipment  for a 2012 SCAG Model STT61V-791KA-DFI Mower for an amount not to exceed $10,159.20 after trade in, as budgeted in the Capital Budget, line item 990-9958, and authorization for the Acting Town Administrator to execute the purchase documents.
“CA” c.  Waiver of all Town electrical reconnection fees for storm related damage.

14.    ANNOUNCEMENTS
a.   Board and Commission vacancies

 16.    COMMUNICATIONS AND PETITIONS - None

17.    APPOINTMENTS AND RESIGNATIONS
a.   Appointment of Vicky Hilton as Parks and Recreation Program Manager with a recommendation from the Town Administrator

19.    LEGAL MATTERS - None

20.    ADJOURNMENT

TOWN OF CHARLESTOWN ZONING BOARD OF REVIEW
OPEN MEETING & PUBLIC HEARING AGENDA
NOVEMBER 13, 2012, AT 7:00 PM
I.          Call to order

II.        Pledge of Allegiance

III.       Roll Call

IV.       Pre-Roll

Pre-roll for December 18, 2012.

V.        Approval of Minutes

Approval of Minutes from October 16, 2012.

VI.       Old Business

Petition #1198 Whalerock
Appealing the Decision of the Building Official dated November 30, 2010 under Article IV, Section 218-25, that the Whalerock application does not qualify for vesting as stated in Section 218-4 of the Charlestown Zoning Ordinance, per RIGL 45-24-44 in a R2A Zone.  This Petition was remanded from RI Superior Court and is down for Adoption of Decision.

VII.     Public Hearings

1.   Continuation of Petition #1259 Robert & Carol Dupuis

Requesting a Dimensional Variance from Article VII, Section 218-41, to replace main building within current foundation footprint.  12’ required, 7’ requested on the North side.  12’required, 10’ requested on the South side.  Premises located at 379 Charlestown Beach Road and is further designated as Lot 190 on Assessor’s Map 9. 

2.   Continuation of Petition #1267 Ray Mott

Requesting Dimensional Variance from Article VII, Section 218-41 to construct the roof to an A-Frame and to construct a new 10’x19’ open deck closer to the front line than allowed; 50’ Required, 10’ requested. Premises located at 214B Sea Breeze Avenue and is further designated as Lot 494-1 on Assessor’s Map 2.
  
3.   Petition #1269 Guerrera/Baker

Requesting a Special Use Permit from Article VI, Section 218-37 I (21) to build stairs to the beach to prevent damage to the dunes.  Premises located on Charlestown Beach Road and is further designated as Lot 47 on Assessor’s Map 9.

4.   Petition #1270 C. Kathleen McDonnell

Requesting a Dimensional Variance from Article VII, Section 218-41 - Dimensional Table to construct a two car garage with breezeway closer to the rear line than allowed.  60’ required, 50’ requested.  Premises located at 125 Arnolda Round Road and isfurther designated as Lot 10-6 on Assessor’s Map 7.

5.   Petition #1271 Margaret Hogan, Esq. for Angela R. Juliani

Requesting a Dimensional Variance from Article IV, Section 218-24, Article VII, Section 218-41 Dimensional Table & Section 218-43 (A) (2) to reconstruct and expand the front and side decks closer to the front line than allowed;  30’ required; 7.2’ requested.  Premises located at 11 Fourth Street and further designated as Lot 378 on Assessor’s Map 9.

6.   Petition #1272 John F. Kenyon for Robert Thavenius

Requesting a Special Use permit to construct an accessory family dwelling unit above the existing Garage in accordance with Article IX, Section 218-53; a Variance from Section 218-53 D – relief from the requirement that the AFDU be attached to or within the principal structure.  Premises located at 26 Hunters Harbor Road and is further designated as Lot 31 on Assessors Map 7.

VIII.    Public Comment

IX.       Discussion Among Members

 X.       Adjournment