2001 Almy Pond Land Management Plan

City of Newport, Rhode Island Almv Pond Conservation Area Land Management Plan Parcel I

Prepared By: The City Of Newport Planning Department Date: June 7, 2001 â– n a i B r i M ^ i H ^ i ^ H J

Table of Contents Section

Iftlg

Page

I.

Introduction

5

II.

Background

6

III.

Inventory a. b. c. d.

I V.

of

Existing

Conditions

Property View

Description sheds Climate Streams/Wetlands/Waterways Analysis

a. b.

V.

Easement Nature's

17 17 17

Ideas

20

Recommendations a. b.

10 14 14 14

Guidelines Guidelines

Conceptual

VI.

10

21

S h o r t - Te r m L o n g - Te r m

21 23

VII.

Conclusions

25

VIII.

Appendix

26

List of Figures

Figure

Paoe

1.

Olmsted

2.

To p o g r a p h y

3.

City

4.

5.

6.

of

Map Map

Newport Site

Site

Analysis Sketch

7

Plat

Map

12 #37

Plan -

Functional of

13 16

Diagram

Overlook

7. Computer Images Proposed Street Trees Planted on Spouting Rock Drive

19 22

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List of Appendix A. Conservation Easement Agreement B. Report of Vegetative Analysis C. CRMC Category B Biologist's Field Report D. CRMC Engineer's Report E. Articles F. Aquidneck Island Land Trust Correspondence G. Photos

I. Introduction On Sunday, June 4, 2000, the City of Newport along with the Aquidneck Island Land Trust (AILT) and the Friends of Almy Pond celebrated the culmination of four years of hard work and dedication. It was on this day that the idea of transforming a 27 lot failed subdivision on Spouting Rock Drive into an integral part of a preserved open space and conservation area was finally realized. Through the efforts of the Friends of Almy Pond and the AILT the ownership of this 3.65 acres (Parcel I-see Appendix A) along with the abutting 16.01 acres (Parcel II & Ill-see Appendix A) of land was transferred to the City of Newport, thereby insuring the areas preservation for future generations enjoyment. Although this was a landmark accomplishment, the same hard work, cooperation and dedication must now be continued to insure the long-term success of this important project.

The success of the preservation and restoration of Almy Pond and this abutting 19.66 acres along its northern border is important to the residents of Newport and the surrounding communities for several reasons. First and foremost, this project will help protect the future ecological health of the pond and its surrounding sensitive environment. By doing so, it will provide a unique opportunity, for residents and visitors alike, to not only enjoy nature at its best, unspoiled, but provide us with a glimpse back into Newport's colorful past. Lastly, and most importantly, this project can be used as a shining example of neighborhood residents, city government, and local organizations working hand in hand toward a common goal that will benefit all in the community. This document serves to guide the implementation of the long-term vision for Parcel I of the Almy Pond Conservation Area, in accordance with the conservation easement agreement between the City of Newport and the Aquidneck Island Land Trust. (See Appendix A)

II. Background Almy Pond and its surrounding area have not always looked as they do today. "Almy Pond was undoubtedly a salt or brackish pond behind a tidal salt marsh that separated it from what is now Bailey's Beach."1 After many years of changing environmental conditions around the area, it became wa freshwater pond with freshwater vegetation at both ends."2 This change allowed for the pond to play its first notable role in Newport History, by being used for winter ice cutting.

'Winter ice cutting was a matter of universal interest, with blocks eight inches and deeper harvested by horse and man teams at Almy, Lily, Green End and other ponds/'3 Ice cutting continued at the pond without incident until 1888. This was the first time the adverse effects of development around the pond began to change its delicate ecological integrity.

"As the public became more aware of the effect of sanitation upon health, the purity of the local ice supply became a source of public debate. In 1888 it was determined to reserve the excellent ice of Lily Pond for family use, while making for commercial packing purposes the ice of Almy Pond which was judged to close to a sewerage drain"4 Early in the 20th century, the area began to see significant changes in land ownership around the pond. In 1913, the city entered into its first active role in open space preservation with the submittal of Frederick Law Olmsted's "Proposed Improvements for Newport: A Report Prepared for the Newport Improvement Association". In this document Olmsted made many recommendations for both open space and citywide improvements. One such recommendation was for Almy Pond.

"In the southern part of the city is another park opportunity which was called to my attention by your committee. I mean Alm/s Pond The class of development already started on the west side of Coggeshall Avenue is certain to occupy, eventually, most of the land around around the pond. This is an important consideration, for while large summer estates would not be benefited -might in fact be impaired - by the public control and use of a pond in their midst, the homes of working people as well as the public generally would receive great benefit therefrom. There is a need for a park in the extreme southern section of the city, and I believe Amy's Pond offers an opportunity that should not be neglected"5 Historically, this was the first suggestion for using the pond and its surroundings for passive recreation and public enjoyment (See Rgure 1). Newport chose

1 Irene H. Stuckey, PhD, Consulting Ecologist, Report of Vegetative Analysis on the site of a Proposed Housing Development for Hugo Key and Sons, Inc., Spouting Rock Road, Newport Rhode Island, October 9,1986,1 2 Ibid 3 Eileen Warburton, In Living Memory: A Chronicle of Newport, Rhode Island 1888-1988,1988,40 4 Ibid 5 Frederick Law Olmsted, Proposed Improvements for Newport: A Report Prepared for the Newport Improvement Association by Frederick Law Olmsted, 1913,29

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to adopt some of Olmsted's open space suggestions throughout the city. Morton and Miantonomi Parks are two fine examples of where Olmsted's recommendations were implemented by the City. Unfortunately, Newport did not act on his suggestions for Almy Pond and this area remained relatively "neglected" and residential development around the pond began in the following years.

As home construction and other related activities occurred around the pond throughout the 20th century, the land at the northeast end remained relatively vacant and was eventually purchased by Hugo Key and Sons, Inc. It was during this period of on-going construction, that most of the ecological damage occurred to the pond. From 1900 to 1970, filling of freshwater wetlands on the Key property is ongoing and it is believed that additional filling occurred after 1970.6 By 1980, "Almy Pond has been unduly stressed by past development related activities."7 "The ponds history is lengthy and complicated. In short, the pond is dying according to state environmentalists and scientists. Years of alterations, filling, and storm water runoff have seriously depleted the vegetation around the pond - vegetation that harbors and feeds nesting wildlife"6 It is with this lengthy history of poor environmental stewardship that Hugo Key and Sons, Inc. begin their attempt to put a 27- lot subdivision on the parcel at the northeast end of the pond. This proposed development caused much debate pertaining to the environmental health of the pond between the scientific and business communities in the area. During the course of the 1980's the project is started and stopped numerous times with many environmental and construction violations are accumulated along the way. It is during this period that the City of Newport, the Rhode Island Department of Environmental Management, and the Coastal Resources Management Council are actively involved in the regulatory process.

In April of 1993, Hugo Key and Sons, Inc. submitted a letter to the City that stated that they "respectfully request that the city of Newport formally accept the roadway known as Spouting Rock Drive into its highway system."9 This request was denied based upon their failure to comply with CRMC regulations pertaining to the property, subsequently, the subdivision remained relatively '"undeveloped". The CRMC still had pending issues with the subdivisions road, it's storm water drainage system and many of the proposed buildable lots along the pond's eastern edge. These regulatory issues led to the delay of the subdivisions approval and by 1996, the land and subdivision were in U.S. Bankruptcy Court. The Amory Revival Company, a developer from Providence RI, expressed an interest in buying the property to continue the pursuit of developing a residential subdivision. It is at that time, the surrounding residents began to take an active role in the land's future.

By January of 1998, the Aquidneck Island Land Trust (AILT) was made aware of the property's status in bankruptcy court. Residents neighboring the property "express 6 Rhode Island Coastal Resource Management Council (CRMC) Category B Biologist's Field Report: File No. 85-10-52, December 12,1985 7 Letter from the CRMC's chairman, John A. Lyons to the City of Newport Planning Director Sam L. Jemigan, October 15, 1980 8Barbara Houts, "Wetland*s Future rests with zoning review", Newport Daily News, December 20,1988 9 Letter from Hugo Key to the City of Newport, April 9,1993

8

their concern over the development possibilities in this sensitive area bordering Almy Pond and their desire to maintain the property as open space."10 In April of 1998, the AILT took an active role in attempting to acquire the land from bankruptcy court. The pursuit of this goal led to the developing of w a preservation partnership between AILT and the City of Newport to permanently preserve 24 contiguous acres bordering Almy Pond."ll It was that innovative idea that eventually led to the AILT's announcement on March 16,2000 that "the Aquidneck Island Land Trust and the City of Newport acquired several acres of vacant land on Spouting Rock Drive, adjacent to Almy Pond."12 The conservation easement agreement (See Appendix A) between the city and the AILT was adopted in May of the same year and stated, "the primary use of the land shall be passive recreation".13 It was through a grass-roots community effort and the cooperation between the City and the AILT to work together towards a common goal of environmental stewardship that the Almy Pond Conservation area became a reality.

10 Letter from the AILT, Feb 9,1998 11 Letter from the AILT to Newport City Councilors, April 3,1998 12 Eleanor Kinney, "Land Trust Reaches North and South This Week, Saves Open Space in Two Island Communities, Press Release from the Aquidneck Island Land Trust, March 16,2000 13 Conservation Easement Agreement between Newport and the AILT, May 12,2000

III. Site Inventory and Existing Conditions a. Property Description The site of the conservation area is located in the southeast section of Newport (City Plat map # 37). The 19.66-acres of City-owned parcels (856,468 sq ft) is located along the northern end of Almy Pond, south of Ruggles Avenue and west of Coggeshall Avenue. This area is comprised of Parcels I, II (Plat 37 - lots 6 8i 7) and III (Plat 40 - lot7) as designated by the conservation easement agreement.

Parcel I is comprised of city lots 50,118,119,120,121,122,125,126,127,129,130,131, 132,133 (or Hugo Key subdivision lots 17,19, 21, 22, 23, 25,12,14,15,13,16, 20, 24, 26 respectively). The site is bisected by Spouting Rock Drive, which is a U-shaped roadway that enters from Coggeshall Avenue, heads west towards the pond for approximately 390 feet, then turns south for approximately 420 feet. The road then turns 90 degrees east for approximately 380 feet connecting again to Coggeshall Avenue. The road has an asphalt pavement surface with concrete curbing on both sides. A storm water drainage system has been installed with drains along both sides of the road at random intervals. The system has two points of outfall; one (24" Reinforced Concrete Piping) is located at the southwest corner of the property (lot 118) and empties into the pond. The other (15" RCP) is located in the northwest corner of lot 122 and empties into a stream that runs eastywest through the cityowned property (Plat # 40 lot 7) bordering along the north of the site. Underground utilities consisting of water, sewer, telephone, gas and electric have been installed throughout the site. There are two streetlights on the southeast side of the property, along with two fire hydrants located in the northeast and southeast corners, on the north and south sides of the road respectively. (See Figure 2 & 3) The property's current land use consists of random footpaths in the more densely vegetated northern end of the site, along with the occasional boater (kayak, canoe) on the pond.14 The northern area (lots 121,122,132,133) is "quite wet with poplar, bamboo, Swamp Maple, Euonymus Europa, Willow, Phragmites, Choke Cherry, and Bittersweet."15 The central portion of the site (lots 50,130,127,126,129,125,118,131, 119,120) consists of a relatively flat topography that appears to slope slightly to the north and west. This area is a mostly barren field with a few tree saplings and brush intermittently dispersed throughout. It contains "open field habitats and wetlands that abut Almy Pond. The vegetation consists of Rosa Multiflora, Switch Grass, Willow Bittersweet, Bamboo, Autumn Olive, Shrub Honeysuckle, Red Cedar, Sumac, Yarrow, Queen Anne Lace, Phragmites and Aster."16 This area of the site "contains a great amount of fill of undetermined origin, which was hauled to the site from the 1940's to the 1980's. The present vegetation indicates the land has been fallow for less than 20 years."17 Along the western edge of the property the slope begins to drops sharply (30 %) to the pond and becomes densely vegetated with brush and briars. It is at the base of this embankment were debris had been carelessly disposed and accumulated over the years. From the base of the embankment to the pond's edge '"there

14 Conservation Easement Agreement, Dated May, 12,2000, Exhibit B 15 Ibid 16 Ibid "Ibid

10

are Phragmites near the pond, Shrub Honeysuckle, Willow, Oak, and Swamp Maple on the higher terrain."18

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b. View Sheds

City Of Newport Plat Map # 37 The property borders Almy Pond to the west, which allows for spectacular views looking out across the pond and to the south/southwest (particularly between the two large willows) looking towards Bailey's Beach and the Atlantic Ocean. Looking north, the views of the nearby residential neighborhoods (McCormick Road, Pond View Avenue, Prince Road and Ruggles Avenue) are partially obstructed by the dense vegetation on the adjacent property buffering the two areas (Parcel III - Lot 7 plat 40 City of Newport). This allows for a natural feel while on the site.

In the northeast corner, a residential home has been developed on lot 60 on the corner of Spouting Rock Drive and Coggeshall Avenue. This property is far enough removed from the main portion of the site that it does not interfere with the visitor's experience.

Looking to the east, the views consist mainly of single-family residential dwellings along Coggeshall Avenue (lots 124,123,100), a condominium complex (stone coach house) and a tennis court. The view to the south also consists of residential dwellings (lots 114,115,116, 128,117) built along the south side of Spouting Rock Drive. Although these are all well maintained, attractive residences, they interrupt the natural views when walking through the site. c. Climate Due to the development related activities that have occurred on the site during the last 40 years, the majority of the site has been left sparsely vegetated with grass, weeds, low shrubs and new tree growth, all of low quality. This environment leaves the site "open to the elements" and may contribute to undesirable microclimate conditions. The lack of any shade trees in the central portion of the site makes it susceptible to long periods of uninterrupted sun exposure. This can cause the site to be very hot and dry, potentially making its use less desirable during the summer months. This lack of vegetation also limits its use as a habitat for many of the species in the area. The lack of large shrubs and tress, particularly evergreens, and if s proximity to the pond and nearby ocean also makes the site susceptible to the prevailing cold winter winds typical of the area. d. Streams/Marshes/Wetlands/Waterways As previously stated, the western edge of the property borders Almy Pond, which dominates the site's views and character. The pond contributes to "large areas of wetlands that exist on the northeast corner of Almy Pond as well as to the west."19 The depth of the water along the shore of the pond and beyond can be six feet or greater in some areas. In the area directly abutting the site and the marsh further to the north the depth of the water is less than three feet and the bottom is heavy muck.20 Three main coastal features have been identified within the site's ecosystem: 1.) salt marsh 2.) brackish marsh and 3.) freshwater 19 Rhode Island Coastal Resource Management Council (CRMC) Category B Biologist's Field Report: File No. 85-10-52, December 12,1985 20 Irene H. Stuckey, PhD, Consulting Ecologist, Report of Vegetative Analysis on the site of a Proposed Housing Development for Hugo Key and Sons, Inc., Spouting Rock Road, Newport Rhode Island, October 9,1986,2

14

wetlands. Typical salt marsh vegetation that has been identified on the site is Spartina alterniflora, Phragmites australis, and Scirpus americanus.21 There are no major or minor waterways, streams, or brooks that traverse the site. The only stream found near the property was to the north on the abutting lot 7 (parcel III) owned by the City. (See Figure 4)

21 Rhode Island Coastal Resource Management Council (CRMC) Category B Biologist's Field Report: File No. 85-10-52, December 12,1985

15

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IV. Site Analysis The Conservation Easement Agreement was used as a guide to determine suitable uses for the site. In this agreement, between the City of Newport and the Aquidneck Island Land Trust, many of the decisions for the land's use have already been established. This section will provide guidelines for potential "use areas" based on the sites natural features and ecology, along with the parameters established in the Conservation Easement Agreement. a. Easement Guidelines (Appendix A) As briefly stated earlier, the Conservation Easement Agreement states, "The primary use of the Subject property shall be passive. The Grantor may also keep the subject property in a open and natural state subject to the minimum maintenance requirements of this conservation easement agreement."22 Passive recreation areas are defined as those in which slow-paced, non-competitive, relaxing activities occur. Examples of this include: picnicking, nature-watching, walking/hiking trails, and fishing. It is under these guidelines that the agreement allows for the following uses on the property: • Markings and signage for walking/hiking trails; • Kayak, canoe, rowboat or any other non-motorized water craft launch; • Nature/bird watching; and/or • Other suitable passive recreation activities The following uses have be deemed to be inconsistent with the conservation values: • Use of recreational motor vehicles of any type including snowmobiles, motorcycles, and other off road recreational motorized vehicles • Storage of any materials, boats, trailers, recreational vehicle campers or other equipment and vehicles Although the construction of buildings, structures and/or improvements of any kind on the property are not strictly prohibited, approval from the Aquidneck Island Land Trust shall be required before any activity is allowed to begin. b. Nature's Guidelines (See Figure 5) Based upon the restrictions established in the Conservation Easement Agreement the site is not to be used for any type of active recreation (i.e. athletic fields, courts, etc). It has been determined that these types of acticvities would not be in keeping with the spirit of the conservation values established. Due to the sensitive nature of the surrounding environment, care will be taken to insure that any public use "facilities" (i.e. canoe launch, trails, etc) are implemented in such a manner as to minimize human impact and degradation of the site's ecology.

The central portion of the site, due to its relatively flat topography and open area, is suitable for passive recreation activities, such as a low maintenance 'trail loop" or walking path system. Due to the low vegetative nature of this area, locating this type of activities here will 22 Conservation Easement Agreement, Dated May, 12,2000,2

17

cause the least amount of impact on the environment. The establishment of sortie native trees and shrubs along with other suitable vegetation (i.e. wildflowers) in this area will be to the long-term benefit of the site. It will not only provide shade in the summer, but will help reduce the impact of winter winds while creating natural habitats for indigenous species.

This establishment of more vegetation in the area will also contribute to the long-term health of the pond by minimizing the impact of storm water runoff during rain events. The planting of groups of trees and shrubs in strategic locations will create a more desirable environment for both human and animal related activities, while also enhancing the existing views of the pond for the surrounding residents.

The western perimeter of the site bordering Almy Pond (along the top of the embankment) is an excellent location for a viewing platform. In particular, the location along the embankment that is "framed" by the two large willows, when looking south/southwest, creates a natural observation area for the pond and it's surrounding views. The use of any land further west is not suggested, due to the steep embankment and the areas highly sensitive nature. Although an effort to remove debris from this area will be made, care must be taken to not disturb the ponds sensitive shoreline ecology. It is along the western perimeter that the sites most sensitive ecological activity takes place and human impact poses the greatest threat.

The southern end of the property, due to the close relationship to residential dwellings along Spouting Rock Drive, is an area for less activity and a vegetated buffer should be established to create some separation between the differing use areas. This will provide a more natural and enjoyable setting for site visitors while creating more privacy for the local residents.

The eastern perimeter, bordering the stone coach house condos, tennis courts and residential dwellings, is also an area were a vegetated buffer should be established. This will help in creating a more natural feel to the site, along with providing separation between the differing "use areas".

The northern end of the property provides the greatest opportunity for a woodland nature trail. This area is heavily vegetated and has the only significant groupings of trees on the site. This area also borders the undeveloped city owned property to the north (lot 7 plat 40).

It is in this area were the potential exists for linkage to future open space and conservation land to the north and west of the pond.

It should be noted that the AILT has retained the rights to lot 133, located in the northest corner of the site. At this time, it has not been determined what will happen with the property, but the possibility of some type of development occurring on this lot exists. This should be taken into consideration when developing and implementing the final plan for the site.

18

ALMY POND

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I I Ecologically Sensitive Area

I I Overlook Area

I I Main Trail Loop Area

I I Vegetative Buffer

! Z2 Entrance/Parking Area

I I Cul de sac

Figure 5 Site Analysis - Functional Diagram by Brian Kuchar (City of Newport Planning Intern) 19

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V. Conceptual Ideas The following is a list of ideas and suggestions for uses that have been discussed at different times during the Almy Pond Conservation Area Process.23 •

Public Access o Development of a "public entrance" - Limited parking > Signage and Kiosk ■ Trail Access o Predominantly for Aquidneck Island residents enjoyment > Not to become a tourist destination A trail loop serving the following purposes: o Observing nature ■ Birds and animal habitats ■ Plants species and flowers ■ Surrounding landscape o Environmental/Educational Studies ■ Interpretative Trails o Exercise ■ Walking/Hiking > Dog Walking

•

Scenic Overlook consisting of: o Man-made platform allowing for views from the top of the embankment o Signage for points/sites of interest o Wildlife viewing Linkage to future open space: o To the north side of the pond o To the west side of the pond

•

Partial removal of Spouting Rock Drive o Creation of two cul-de-sacs or dead ends o Removal of some storm drains/hydrants/utilities

• Water o o o •

Access for small non-motorized water craft launch Canoes Kayaks Row boats

Boardwalks o Used to minimize impact on highly sensitive northern shoreline area o Allows greater access to difficult to reach areas without damaging the environment

23 Note: Many of the ideas listed have come from discussions and meetings with the various parties involved, along with a public meeting held at Newport City Hall on November 28,2000 at 7:00 PM

20

VI. Recommendations The following is a list of both short-term and long-term recommendations for Parcel I of the Almy Pond site based upon a review of the site's history, legal and regulatory issues, inventory and analysis, along with the public's involvement. It should be understood that the ultimate goal for this conservation land is to allow public access to this wonderful area while restoring the pond and its surrounding environment to a more natural and healthy state. By doing so, we will be insuring the ecological health of the pond for the future generations of Aquidneck Island. a. Short-Term • Removal of the 420 feet section of Spouting Rock Drive that runs parallel to Almy Pond - including all storm water drains within this section o Provide cul de sac or comparable turnaround design at the end of the remaining southern section of Spouting Rock Drive to satisfy fire department access needs o Provide dead end with limited parking at the end of the remaining northern section of Spouting Rock Drive ■ Road removal work to be performed and/or coordinated by both the Newport Public Works and Newport Parks and Recreation Departments o Re-design the present storm water drainage system to meet CRMC approval ■ Work with the CRMC to resolve any remaining storm water drainage issues pertaining to the site ■ Removal of approximately 11,000 square feet of paved surface along with all storm drains existing within that area ■ Use of natural vegetative swales in lieu of or in conjunction with underground storm water piping system ■ Increase the amount of vegetation (trees, shrubs, groundcover) throughout the site to reduce storm water runoff volumes o Relocation of existing utilities within the area (i.e. electric, cable, etc.) o Establish new vegetative cover (i.e. grasses, native wildflowers, shrubs, trees etc.) for any areas disturbed by construction activities • General cleanup of the area o Removal of all accessible trash and debris from the site (within reason) ■ Work to be performed in a coordinated effort between the City and residents (i.e. Almy Pond Clean Up Day) • Establish an organized "trail loop" through the site o Create an low maintenance "earthen" surfaced path thru the central section of the site ■ Used to lead visitors through the site and by doing so protecting the more sensitive areas where human impact, may be detrimental ■ A "loop system" brings users in and out of the site at one location thereby controlling the access and use of the site ■ Encourages people to get out of their vehicles and experience the natural wonders of the site 21

â&#x2013; Allows visitors the opportunity to learn about their surrounding natural environment and by doing so increases public awareness to environmental issues Create a "Main Entrance" at the end of the northern section of Spouting Rock Drive o Provide limited non-asphalt parking area (3-5 spaces) for site users - on street resident sticker parking to be used for overflow o Provide signage/information kiosk with pertinent information, including trail map and site rules/regulations along with bike racks o Provide a well defined entrance to the trail loop to control access in and out of the area A scenic overlook of Almy Pond (See Figure 6) o Construct a wood decking platform for viewing along the western edge of the site overlooking the pond, preferably between the two willows previously mentioned. â&#x2013; Constructed in a manner for easy accessibility for all levels of site visitors (i.e. children, seniors citizens and the handicapped) â&#x2013; Used to limit the visitors need to access to the more sensitive shoreline o Provide informative signage describing points of interest, historical facts and ecological information Regularly scheduled maintenance/security-provided by the City of Newport and residents o Mowing of the field area twice a year o Regularly scheduled maintenance of the trail o Annually scheduled resident clean up days o Area to be closed from dusk to dawn

Figure 6 Sketch of possible scenic overlook platform - By Chris Kantorek (URI Landscape Architecture Student)

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b. Long-Term Establishment of low maintenance native vegetation strategically planted throughout the site o Planting of street trees to provide vegetated buffer between southern section of Spouting Rock Drive and the site (See Figure 7) ■ Create separation between the differing use areas ■ Defines boundaries of the site > Create shade and interest along Spouting Rock Drive ■ Controlled growth used to protect and enhance views ■ Provide privacy for the surrounding residents o Planting of both tree and shrub groupings along with wild flowers throughout the central portion of the site ■ Reduce surface runoff ■ Protect and enhance views ■ Create a more natural landscape • Contribute to the site and the ponds restoration process o Planting of low growing vegetative buffer between eastern bordering properties and the site • Create separation between differing use areas > Screens unsightly chain link fence around the tennis courts ■ Create privacy for surrounding residents o Use of tree adoption program for the site > Encourages the planting of trees ■ Reduces cost of site restoration ■ Creates a feeling of community Create an Educational/ Ecological Trail o Provide signage along the already created "trail loop" to point out plant species, animal habitats and other pertinent ecological information ■ Used as an educational tool for both young and old to learn about their unique surrounding environment-can act as an "outdoor classroom" Develop Water Access o Explore the feasibility of water access in the shallow north end of the pond o Provide limited access to shoreline location for small non-motorized watercraft launch Future linkage to the West and North ends of the Pond o Create a larger trail network incorporating the conservation land (Parcel II & III - see Appendix A) along the western and northern perimeter of the pond ■ Provide greater access to the pond in an environmentally sound manner ■ Increase the City's preserved open space ■ Create an environmentally healthy community o Use of wood boardwalks to increase trail network and provide more controlled viewing access to the sensitive shoreline areas

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BEFORE AND AFTER IMAGES OF SPOUTING ROCK DRIVE

COMPUTER ENHANCED IMAGE OF SPOUTING ROCK DRIVE LOOKING EAST WITH PROPOSED STREET TREES PLANTED TO CREATE SHADE AND PRIVACY

CURRENT VIEW OF SPOUTING ROCK DIVE WITHOUT STREET TREES

Figure 7

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Computer Images of Proposed Street Trees Planted on Spouting Rock Drive - By Brian Kuchar VII. Conclusions The long-term success of the Almy Pond Conservation Area project will be judged not solely on the City's successful acquisition of this property, but ultimately the public's perception and use of the area. It is of the highest importance to insure that the sites long-term health is secure and this area is restored to a natural condition. The public must find this area enjoyable and an asset to the community if future projects of this nature are to succeed.

Research has shown that although an area may have wonderful scenery and views, along with award winning designs and amenities, the area's success will ultimately be judged by the public's use and perception of the space. Simply stated, the project is successful if people use it.

To insure that people will enjoy and use the property, the site improvements must be an on going process with continuing efforts to make this an exciting and pleasurable place for all in the community. The recommendations made within this document are to serve as guidelines for the community's involvement. They do not guarantee the success of the project, but should be considered as steps that can be taken, as a community effort, to turn this area into another one of Newport's "precious jewels".

The value of a productive farm, a healthy wetland system, or an irreplaceable scenic vista goes beyond dollars and cents. It is important, however, that we understand the real benefits of protecting and preserving "Valuable" open space. Benefits can range from the complex ecological systems of filtering water and channeling floods to the simple pleasures of being able to walk with your child, grandchild, or neighbor through an area that has been "untouched by man". These are intangible benefits that cannot always be measured in a monetary value, but they inevitably affect a community's character, outlook and appeal.

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APPENDIX

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APPENDIX A CONSERVATION EASEMENT AGREEMENT

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CONSERVATION EASEMENT AGREEMENT made this / £ ^ a„ r Am */ CJTXOF NEWPORT a JM.-H. ^ daT °{AP"^, A.D., 2000, between THE Underth^»^*«SW^«tod^5SdSR n™Tof"C0IP°rati°n organized

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or

^ ^ d e r S e c t i o n ' ^ ^ ^ primarypurpose is Mepres^on ""^ Revenue Code, whose

sceiuc- w^s/rf^ °-^ ^Ssrof lMd *its «' importance to all parties ^ is , *?™ '° " Conservanon Values'? of great its comprehensive plan, Aquidneck I Ld^rf £ 1**°* °f NeWport consiste"« "M« WHEREAS, i is L deskeS t ^ °f "^Is]and; -* land conservation an'd/orp^iv5^£^^hta»^«ftWyta«ftr the power and authority to prohibit all deveLTm? ^ gmt nal0 *e a»^ conflict with the Conservation v2u«J P "^ ,nd activities whi<* would be in p u r s u a n t C h ™ S 3 4 S S S ? * " , ? *■ M C ° — » « * a n d for consideration paid vo unM™ ST * ^^ kland> Grant°' h«by Easement in perpetuity on ovTr L^ aniconv^s to <**** a Conservation following terms and condiSs ^ * ^ Cons^on Easement, under the accepting this SSS^£SS^£ ¥? ***>**" k *»*« ™» in its natural, open space, i£ZTltZZT^ ^ * "*- f°— Property that will materially impair or mterfoe wi* th r™™ "* USe °f fte Subiect intends that this Conservation iLnSSZS * Cons^ation Values. Grantor -h activities, including, without St" ' SJ^/* ********* -ch as walking trails as are consistent with the ZZl oTtnis "rT ml°nal US6S 2- EightsofGrantee. To accomnliJ^T Conservation Easement.

E-mentmefoIWn^^^^^ HgZZT ^ Pr°,eCt *• C0M°° Viae, of the Subject

BK0930 PGI 17 (b)

To enter onto the Subject Property at reasonable times, and at least twice a year, m order to monitor Grantor's compliance with and otherwise enforce the terms of this Conservation Easementprovided that such entry shall be only after prior reasonable notice to Grantor in writing, and Grantee shall not unreasonably interfere with Grantor s use and quiet enjoyment of the Subject Property;

(c) To prevent any activity on or use of the Subject Property that is mconS1stent with the purpose of this Conservation EaseLnt 4d to reqture the restoration of such areas of the Subject Property thTt 3

p^-K^^^^^^^^^^ivityoruse

PARTIES HhSS^iSK £mS^T W ^SRAPH 4., THE R E S T R I C T E D A G ^ T ^ ^ ™ ^ " R ° P E RT Y I S H E R E B Y COMMERCIAL O^M^^™f^°PMENT °F EITHER A

SUBDIVISION OFTisSSS^^1 ^ HTRTHER THAT THE SUBJECT PROPERTY S^fIL^f*™* ^^ AGREE S TAT E - I N P EMAY R P EPERMItTom£S T U I T Y S Z L St55^ ^ o ^ ^ °™AND ™*™ ^"*?^ REGULATIONS Z0MNG restrictions are also herebyPSrBJS^?8re,alen,•the f°"0WinS ***» «* Recreational vrntrtT. y h- , , _ ' "^^ includlr^iiolJh^Son^r^ motor vehicles of

_• 4' to -Grantor's Riot,*. nf the n ..P«Pose and intent of all of the parties ™«rt^^fS^5™-"1S Values. However, i, is not ,he pu^ £ ™ ««* with the Conservation mcident to ownership and ali enanT (£S2,? ******* exercise of its rights mortgage, give, grant, or otherwiscont^ Sub £ p ** ^"^ **t to sell, conveyances are expressly subject to the term o^2^.PB?,W ftat -V «* Without limiting the seneralirv nf,Cl Cons<srvation Easement, ^prohibitions on theL o?ZS«p^?^M^^ Actions

Property *all ^SvT^i^^rSSofaet thf ^^ "* °f *" SubJect natural state subject to the minimum maS enancerL2? f" Pr°Peity in a °Pen «* Conservation Easement. The (^SSTt! ™^r Paragraph 8 of this

7rToT^^^^^

BK0930 PGII3

materials m a t e r i including a , i n c lcement. u d i n gconcrs,ZZ c e m e nllTt , ^tare c ^ JUSm* ^ ^ S ** " construction ^ "* «"-™*« H M

«*

C°«2l^

*•«forth

in

granted to the Grantor the Gr^to re,™^ g6nerallty °f the other riShts recreation use of the ^^^1" T* ** ^ * a"°W ^

^ ^ ^ ^ ^ of ^ ^this ^ ^Conservation t^- r t ^ n s uwith r e the that purpose EasementT^ , I» IBaDner^consislent Plans prior to construction of anySure°T°T v *" "^ ^ Grantee Md suI™" tha, sixty (60) days prior to J^T^^^ES" * "*** "<* hstructure. The notice shall describe the Se d" L 1 ° ^ ! constructi™ of any materials of the proposed structure in sufficlen dSi t °' -^ ^ °f buildinS informed judgment as to its c«rf£^^^™ <*"*» to."»- and to consent or object to the construction aoSy Co^^at,on Easement, !•, enforcement nfOmwrti^, P-.-ln-rlt '

*e terms of wSSjuTr/^ ** ^^ in ***** of uses, activities, or cons true on£j^u^or jS6" " T™-—"■ "^ <° the Grantee shall give written notice CST^ * ^ P"*"* acton sufficient to cure the violation "^ol'mch relation and demand corrective (30) days after receipt oftSo^^S^ r S^ Yi°lati011 **** «** violation cannot reasonably be cured wjt3, i£*o™ f ' Clrcumstances where the such violation within the ££ 3^ period^ ^ *? ^^ ™to ^ Curin§ violation until finally cured.SeZyT^g S^S^*.0™"* competent jurisdiction to enforce the term, «f *• n m eqUlty m a court of

violation, ex parte if necessary^ m™^L^'T™ ^^ to enJoin *e damages to which it may be ^S^ZnT^^7^° "7 My

Easement or injury to any Conservation Values pro ect JbTflSS, ^T*!011 including damages for the loss of scen.V «JT.- • Conservation Easement, require the restoration of 2 *SubiZKSf S " T™™*1 Values' ^to

- h i n j u r y. W i t h o u t l J S ^ 5 ^ % £ £ ^ « " ? * * * » * »

reasonable discretion determine* th»t X V ' "Grantee, m its exercise of

may pursue its remedies under this nara^nh ™fh ♦ • JCCt ProPerty> Grantee waiting for the period provided for ZZte^ Ss ri IfT v *""« paragraph shall apply equally in the even, of eite actS Tr It? /^f ?"* terms of this Conservation Easement. threatened wolat.ons of the With respect to any violation or threatened violation of the term, „f ,w

^

BK0 930 PGI 19

Grantee may be entitled, includir^eS'perfo— ° nf 0therrelief l° which the Easement, without the necessity ofZ K ^ ^ °f ^ C™ation of otherwise available leeal remerfZ 1 . ^ ^ damages or «»« inadequacy Grantee's remedies 1^^^^^^°"^ ^ * ^ "y G~" addition to all remedies now orhJSS^^n ^nT ^ * * all its costs, expenses, ^nl'lZ^ZT^ * ^T^ - " ^ ** competent jurisdiction. *«orneys tees, as determined by any court of ^^^SSS^JS^T1

°/the

tenns

of

this

a — " *■

exercise of its rights «d5SSSSS^ t^"" by *" Grantee * ** terms of this Conservation Easement^S^STj w^f "^ breach °f ** waiver by Grantee of such term or of ZySlS w„ A?6"1 " CODStrUed to be a term of this Conservation Easement nr7f, ? b h °f ^ same or «* °*er Easement. No delay orornisZbv Crl , *• f^ * rfghtS Mlder ais Conservation any breach by Gr Jo?£^^^£^ "-* *«*~ remedy upon 6.3 Waiver nfr^ r^ r * remedy or be construed as a waiver - P PGrantee e U r p and r e s without ^ S ^ ^ timely and valid object^ by G^tef ^^ "^ * the

injury to or change in the S^eSSSnS,^ ^m **** <*»«»* ** any

= d b y ^ s e S ^ = -P°«^^ Grantorretainsal, operation, upkeep, and£5£££ 2JSSolS ^ ""T*t0 *" 6"Mrt,'fc ™ag™P>-r.ifnone,^^^ .

9- Maintenance of Insuranrf--Tn-i. -e .- i v Newport. bihties and shauTear all cos£of ISflf^ Grantor retains all responsiHability insurance cove a'etperpSc nil T^ COmprehensive Sen^ against al, claims and demands KESS! f*"1inSUred the Subject Property Such insurance *Zl ^ ,, S ^ P P rty damage occurring on

than One Hundred T,!^SmZt^lt^r^T ^ ^ ""

Thousand ($500 000 00^ Dollar, f™; , . for property damage, Five Hundred

BK0930 PGI20

typica.,3.available in the State of Rhode Is^Ts^ZL^^^ * «™S

demands, or judgment, ^C»^i^'^^£?°»' ^ from or in any way connected with iniurv or death „f , Forneys fees, arising any property, resulting from anv act oZ ° J ^ ^^ 0r P1^*1 damage to

occurring Z or about thTsubT^rr'0"' C°flh°"> °r ^matterrelated to or

negligence or misconduct ^SSSSSi^T ** *" ""* » *' and/or

r^JSS^^^^^^^^^^^^^'

t o , t h e S u b j e c t P r o p e r t y. i S S ^ S ^ m S ^ f ^ ' 7 ^ ' ^ * " * » « « mortgage the Subject Premises Grantor's ability to pledge or

-d all tales, asSent^t! %£?££r*?" *"** Wfa~ *» against the Subject Property by cTmnZft«, J v T ^P*" '^ or assessed authorized but in no JenZ^ZC^orT r^W> Grante<= is payment of delinquent taxes and /or l~n ''?" Grant0r's behalf- "V procured from appropriate aufcoriry wESulrvT^° ** ** WU' °r s<a«™ accuracy of the bill or statement, £2i "ve^mT^/^ °f *e taxes <* *e Grantor of its intention to do so Grantor hel (3) dayS prior "**» notice to such payment made on its behalf SrtlS* ^V" r6imburSe Grantee «* any pa.d by the Grantor at the ^T^mlSS!S?T*y ** '*"*«« ^ percentage points as defined by the Wall Str^T Rate °f faterest P^ two (2%) the maximum rate allowed by law, wlricSS^ " "* ^^ ^hli^, or (2)

Easement can only be terminated or *ffiW ** Conservation Proceedings in a court of competent ju^S o^rt J^ *"* " " ^ by Judicia> . 13- Conderanation. This Conservation Fa^^^^^eP^es. and terminateinlh7ev^n"d to 4e«£T£ST^ ^ aUtoma«^ly expire hereof is ever taken, or authorized f r tS* Jj ??»«*?** « -V Portion Domain, or other similar proceeding Svt? ^Condemnation. Eminent taken if not the whole. The terminal sLall re 1 h tf\°f ^^^ of the ^d Grantor of the federal or state agents "men to elm * ^ *"*that noti<* " ««* to b u t s h a l l n o t b e c o m e e ff e c t i v e ^ J s ^ Z n ^ Z ^ ™ * ™ P I ° C S e « ^ m an final decree, finding, resolution ^S^^t^T'00 Pro««dings result such condemnation proceeding are comZ^T °f Condemnat'on. In the event that pendency of said condemnatioCoceeZsTht c "* C°mpleted' °r during P oceedmgs, this Conservation Easement shall *• remain in

81(0 930 PGI2I full force and effect.

In accordance with the provisions hereof, the value of such condemnation award shall be based on the full fair market value of the Subject Property unencumbered bv the Conservation Easement.

If the Conservation Easement is automatically terminated, in whole or in part upon and as a result of any condemnation proceedings as provided above, Grantee shall be entitled to forty (40%) percent of any such condemnation award paid to Grantor In Oe event that there is a Mortgage to Grantee or to any financial institution or third party 1 nder, such mortgage© will firs, be paid from Grantor's interest and secondly from Sed toto TZ entitled payment YtV ofT*any ***Mortgage Grantee heldreCeivin* by it unaffected «* balanby this provision Grantee shalTbe rv,n, the foregoing provisions, expiration termination of this Grant™thstanduig of Conservation Easement shall onlythe apply to that and portion of the^StPrfJZ

be allowed mat wiTaffecrfteau^Sn13 T^T'' ***** flut no amendment shall

G r o uLaWS> n d e„ amended, r a nor ySectionJ170(h) ^ Z $of^theSInternal £ ? ^i ^o !^^°de ? ?Island '<* General

may «& to ^K^^cSSS c"•" "T*"^ bUt *» G™ organization thatls a ^MeT^^^^T fT* ^t0 » 170(h) of the Internal Revenue CoC t~£T *"** ^ SeCti°n then applicable), and the applicable recnitt™ , {f ?* success°r provision to acquire and hold Con^StoSSZTTt*" ^^^ and authorized Island General Laws, as ™M(vZl? ^ '* °f ™e M of Me Rhode condition of such transfaoTante17 SUCcests°rPr°™°n then apphcable). As a grant is intended to a^SS bT^ed ou^ C°nSerVati°n « «* «*

organization unSS^f tne ^f " "^* exi* • *» be a qualified

to be authorized to acquire and hold Cn'^ ^^ C°de'°f 1954> as tended, or 34 of the Rhode Island GenS Lts a^nTd ," ^ a"** 39 of ™" pursuant to paragraph lSflSftf^^ ™ u ' " Pn°r assig™ is not made immediatelyvesS The NTtut S "^ ^ °bligati0nS Shal] bec°™ existing und'er the L wl0f m T^oS\' "T^oration, organized and North Lynn Street, Arlington vSI rt K T' r ^ * hUS'meSS address °f > ^

BK-0930 PGI22 1he nght and obligations under this Conservation Easement shall vest in such orgamzabon with a sim.lar mission as a court of competent jurisdiction shall direct pursuant to the applicable Rhode Island law and with due regard to the reouiements for an assignment pursuant to paragraph 15. requirements for 17. Estoppel Certificates. Upon request by Grantor, Grantee shall within twentv (20) days execute and deliver to Grantor any document, including an estoppel^ertS 22S F T^^Whh My °bligati°n of Gr^r conS n to '

n™™::^X^lSe 6VidenCeS *• — °^ *»*»*» *~

thateither .J8' 2TafS' n0tiCe' demand' aPProval, *at party Any desn-es or is requiredreq-uest'consent> to give to the other shall oeor in communication writmgTd eS served personally or sent by first class mail, postage prepaid, address^Mows If to Grantor: City of Newport Attention: City Manager 43 Broadway Newport, KJ 02840 with copies to: Newport City Solicitor 43 Broadway Newport, RJ 02840 if to Grantee: The Aquidneck Island Land Trust 45 Valley Road Middletown, Rhode Island 02842 with copies to: Stephen A. Haire, Esquire Moore, Virgadamo & Lynch, Ltd. 112 Bellevue Avenue Newport, RI02840 tolh ff 2SSX «"*»*** *" <° *™ ^ Agnate by written notice

^^ 3'S L^ b^£ o^ d f< °^ P - e -

its righSt"^ * * "*

31(0930 PGI23 20- Covenants Running With The Land. These covenants shall be deemed to run with the land. The Grantor agrees to incorporate by reference the terms of this Conservation Easement in any deed or other instrument of conveyance, including a leasehold interest. Any subsequent transferee of any interest of the Grantor to the Subject Property shall similarly be prohibited from using the Subject Property for any use or occupation other than as permitted hereunder.

21. General Provisions. (a) Controlling, Law. The interpretation and performance of this Conservation Easement shall be governed by the laws of the State of Rhode Island. (b) Liberal Construction. Any general rule of construction tq the contrary notwithstanding, this Conservation Easement shall be liberally construed in favor of the grant to the effect the purpose of this Conservation Easement and the policy and purpose of R.I.G.L., §34-39-1 et seq. If any provision in this instrument is found to be ambiguous, an interpretation consistent with the purpose of this Conservation Easement that would render the provision valid shall be favored over any interpretation that would render it invalid. (c) Severability. If any provision of this Conservation Easement or the application thereof to any person or circumstance, is found to be invalid, the remainder of the provisions of this Conservation Easement, or the application of such provision to persons or circumstances other than those as to which it is found to be invalid as the case may be, shall not be affected thereby (d) Entire Agreement. This instrument sets forth the entire agreement of the parties with respect to the Conservation Easement and supersedes all prior discussions, negotiations, understandings or agreements relating to the Conservation Easement, all of which are merged herein No alteration or variation of this instrument^" be va id or binding unless contained in an amendment that complies with Paragraph 14 herewith. (e) No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of Grantor's title in any respect (f) Successors. The covenants, terms, conditions, and restrictions of this Conservation Easement shall be binding upon and inure to the benefit of, the parties hereto and their personal representatives heirs, successors, and assigns and shall continue as a servitude' running m perpetuity with the Subject Property (g) Termination of Rights and Ohl^a,;â&#x201E;˘. A party's rights and obligates under this Conservation Easement terminate on the transfer of the party's interest in the Conservation Easement or Property, except that the liability for acts or omissions occurring prior to a transfer shall survive transfer.

BK0930 PG f 21*

(h) Captions. The captions in this instrument have been inserted solely for convenience of reference and are not part of this instrument and shall have no effect upon construction or interpretation.

(0 Counterparts. The parties may execute this instrument in two or more counterparts, which shall in the aggregate, be signed by both parties; each counterpart shall be deemed an original instrument a as against any party who has signed it. In the event of any disparity

bellTontrr^ Pr0dUMd' ^ reC°rded """-P* °™ TO HAVE AND TO HOLD unto Grantee, its successors, and assigns forever

GRANTOR: CITY OF NEWPORT

GRANTEE: THE AQUIDNECK ISLAND LAND TRUST, A RHODE ISLAND NON-PROFIT CORPORATION

STATE OF RHODE ISLAND COUNTY OF NEWPORT

In Newport, on this // davofll^An™™ ,_ / oay ot ^p^, A.D. 2000, then personally appeared before me the above named /ft. i t <- A .

"• K^.=/t( 5c>,-J(i9 , to me known and known by

BK0930 PGI25 me to be the fA Jc r of The City of Newport and by me personally known to be the party who executed the foregoing instrument and he acknowledged the same to be his free act and deed individually and in said capacity and the free act and deed of said City of Newport.

J^y Public (S Print rfame: "Jo^gf/y Q. UJ\ ihJs <«, ^f\ my commission expires:

STATE OF RHODE ISLAND COUNTY OF NEWPORT In Newport, on this ^ ' day o£Aprrl,)A.D. 2000, then personally appeared before me the above named /)e^J<,c />o 4*4 to me known and known by me to be the p>s-f*t'd^ of The Aquidneck Island Land Trust and by me personally known to be the party who executed the foregoing instrument and she acknowledged the same to be her free act and deed individually and in said capacity and the free act and deed of said Aquidneck Island Land Trust.

/ (A?F— /? Notary Public/ Print Name: J<LC„,^l f /,..,, # my commission expires: ,C//<;/ot\

BK0930 PGI26

SCHEDULE OF EXHIBITS

b.' isssssr"subject to conM- *—«

a

0930 PGI27

EXHIBIT A That certain land of the Grantor located in the City and County of Newport State of PW Island, bounded and described as follows: Newport, btate of Rhode PARCEL I: These lots are designated as Lots numbered 12, 13,14 15 16 1719 20 91 ?9 « ha a 25, on that Survey entitled "Spouting Rock DriVe Owner HuaoKev 1 W \ ' '? ^ Avenue, Newport, Rhode Island Scale l»- A(v t> VJd t S . y & S°nS'Inc>' C°gSeshalI 1980, Nov. 19P80 i5n^i5£ ^^ * LynCh PJB" July 198a Revise^ Oct. PARCEL H:

on

Plat

37,

Wan^^l^^t^

°f

L°'

5°

uuuLwise angle or sy 30' and running westerly adi<rtanr<> nfoiz *,„.. • ,.° being the northeasterly comer of Lot 92 ™ PW 77 fu \i *t0 a p0mt'tms Point thence turning a cloc4sTanale of 90» Zl ^ ChaMing Memorial Church; by land tfoLSSS to a T?£ S°Utheri? 3 diStanCe 0f 10° feet bounded running westerly l«ttoS^£SoS2££" ^f ^ °f 27°° Md = e d p w ^ ^ ^ vi5it,wiu£, io a pomi, tnence turning: a clockwise anoU rtf ni o ° nn» j

northwesterly 46.0 feet bounded northeasterlv hv a in w . °° ^ """^g clockwise angle of 153 • 00'andS westeriv LtllT T' * POmt; thence ^"^ a northerly by property of FranSTcSS< T °U St0ne WaU 10° feet> bounded angle of90° 00£2^SsoutelvhS'. ° "^*"* ^ fllence ^S a c,°<*wi*e by land of William S^ toaXon nte th ° ,' St°ne ^ 41'5 ** boUnded we^rly riron u npipe; n i n thence g - ^ ^ ^turning s i T ^an ^ Zan^le ^SS X J * ■? V" 1 of,Wllham "^ °Grosvenor f^ 4 °to ' an - d ofUO'nnZT fence 260.0 feet bounded^«teriv hit ^1™? S°Utherly aton* me line of a ^e taming a clodcvriS^ol^nE^ °fWllllam Grosvenor, to a stone wall; thence 75 Abounded outTw stelyby land of »m r" "^ "»* *" *" °f *« Stone wa" turning a clockwise aneleS nr7 °/Wllllam Grosvenor to a wall intersection; thence 26.10 feet, bound" 3w s ,y y SSSKn"SSf t* ^ ^ °f * ^ WaU angle of 95° 00'and running southerlyd.wTJ« «-T"' u^tUmins a c,ockwise angle of 205° 30' and runKESw 11rT / ^ then°e «**** a clockwise

the taking line of Almy™!2^V3^K^ *6 ** * * >** 0n

S^^^SfT"? ^ ***** ^Sy Shit ~g *

SSTbyTSi y idnaof oi William W „i Grosvenor; m^Zr8 thence th^T^turning * "*""» a clockwise °f aPP™"^256 angle of 154° 30' and feet,

BK0930 PGI28

along the line oS^'^^^^ "?* <**' and running southwesterly an ironpipe; thence cou^^J^Jg*^. * ** of William Grosvenor, to 376 feet bounded northwesterly by kndSJnllfT?* comae and stone wall on Plat 41, to apoint; thence b^^^^g** Ifmd- **- ^ as Lot 30 course to the south for a distance of 49(1fZ f a tJment]oned stone wall in an irregular known as Lot 33 on Plat 4? to a noint then^ * WeSferly by land of Luc»'e F. FwL irregular course for a di tanc of 1 530 feetZTTa ^^ Md "Easterly on aT ' to *e point of beginning, said SSe^iSSry -«*"•** by Almy Pond, to Hugo Key. F In= Ule s°""rwest comer of Lot 50 on Plat 37 belonging Bring described for identification purposes only as Eots-6 and 7 or, N r l a t J 7 - - ^ ° a i " 3 7 o n N e w p o r t Ta x

Assessor's

PARCEL HL

Theland referred to in this Commitment is described as *««,.

northwesterly comer of Lot 60on ^tf6 of C°ggeshall Avenue and also toe k STrout, K. w - ; , 4William 5 ' ^ " »0. * <Beebe « » SJosenh 2 y 3 7p5 o,?i.ebounded e f b 8 o u °easterly f f * * partly * » » bv' ^land, c l o cnf k wiSr^ ise northerly by land of Arthur L <!««*,. 43and running westerly 100fe-t£ Tr* a n d r u n n i n g s o u m w e ^ i ^ S ^ ^ S T * ^ « - * a c , o c k Te 2 j % £ £ . 4 V

-sstr'Sl* 203;3°,and ^-^ a9r s ? •^s^45.

cSp^^^

distance of 275 feet to . ™\ 1 *tUming a clock*i<e angle of 90° nr? a °Wned ^ a distance*-:>.Bieet of 425 to8 the f£tW ^"^beginning.

S cloc^°e anje 17 0f^58 m T^easterly ^^ a pointf of 'S'eorus and °running Be all said measurements, more or les, nr .,

'ii

BK0930 PGI29 &4,4 If- &.

BASELINE DOCUMENTATION Almy Pond Conservation Area Newport, Rhode Island Easement Name: Almy Pond Conservation Area Current Land Owner: City of Newport Municipality: Newport County:

Newport County

Plat #37

Lots# 6, 7

Plat #40

Lots #465, 7

Plat # 37

Lots # 50 118-122 125-127 129-132

Square footage:

856,468

Acreage:

19.66 acres

Buildings or Structures: None Property Description:

•fewth,talh,ta,Mm,«,,taflS^f

*

^■« » " ™ W * > »

BK0930 PGI30

The NORTH side is quite wet with Poplar, Bamboo, Swamp Maple, Euonymus Europa, Willow, Phragmites, Choke Cherry & Bittersweet. Prince Road, Pond View Avenue & McCormick Road all enter the area from the north and dead end.

The WEST side is more heavily wooded and the land rises sharply from the pond.

There are Pfragmites near the pond, Shrub Honeysuckle, Willow, Oak, & Swamp maple on the higher terrain. There are random paths.

No stonewalls are apparent anywhere in the easement area.

Adjacent land uses: EAST: Residential housing; condominium complex; Condominium tennis court; Coggeshall Avenue; Large home estate area SOUTHEAST: Residential housing; Key Court SOUTHWEST: Almy's Pond; estate area SOUTH: Almy's Pond • WEST: Girl Scout Camp; residential housing; Carroll Avenue; Alpond Drive NORTH: Residential housing; McCormick Road; Pond View AvenuePrince Road; Ruggles Avenue ' Purpose of the easementtfrote* the area as a nature preserve with pubEc access.

Members

ofALITmay

conduct

^Sotte^Z^^

Special Conditions* Thic« • • ecological and scenic sisJZ^m^0^0^ comnu^ because ofirs « v e i nvegetation v a s i v e s should r X t r ^ ^be ^ ^ encoded ^ native wne™er possible. Selected The dominant soil types are Rd CpP a, c xt r>

Date Data Collected: 4/00 RECEIVED FOR RECORD NEWPORT, RJ. 2000 MAY 15 Pf-i I: 30 KATHLEEN H. SILVIA CITY CLERK

007992S

APPENDIX B VEGETATIVE ANALYSIS REPORT

REPORT OF VEGETATIVE ANALYSIS ON THE SITE OF A PROPOSED HOUSING DEVELOPMENT FOR HOGO KEY AND SON, INC. ,SPOUTING ROCK ROAD NEWPORT, RHOFE ISLAND

By Irene H. Stuckey, Ph.D. Consulting Ecologist

Prepared fori Hugo Key and Son, Inc. 55 Memorial Boulevard Newport, Rhode Island

Submitted Toi State of Rhode Island Coastal Resources Management Council Rei File Number 85-10-52 October 9, 1986

Summary 1Âť With some reduction in density to avoid adding additional fill, the Key property would appear well suited for single family homes.

2, Since sewage effluent and large volumes of drainage water will not be a problem, and the amounts of nutrients that would enter Almy Pond would not appear to be detrimentalo 3. The large cattail marsh would he a most efficient " l i v i n g fi l t e r " f o r r e m o v i n g a n y e x c e s s n u t r i e n t elements that might enter the water,, ^. Conditions in the cattail marsh are also ideal for denitrification should there be more available nitrates than the amounts needed for growth.

5. The 50-foot buffer strip appears to be adequate protection as long as it is retained in a vigorous growing condition and not used as a dump0

Introduction In the early years of Newport, Almy Pondi was undoubtedly a salt or brackish pond behind a tidal salt marsh that separated it from what is now Bailey Beach.

Now. however, after many years of changing developments' around it. Almy Pond is now classified in the Atlas of Rhode Island Salt Marshes (Halvorson and Gardiner 1976) as a fresh water pond with fresh water vegetation at both ends. There is a caution in the text of the Atlas warning that the maps "-â&#x20AC;&#x201D;cannot be used to infer the precise borders of any marsh at a specific site. Where the boundary of a salt marsh must be precisely established, an on-site inspection is always necessary."

Another map also published in 1976 in the Outdoorsâ&#x201E;˘^* Topographic Guide shows Almy Pond in its relationship with Bailey Beach. This map also shows a stream entering the pond at the upper end. and an island and a marsh also at the north end of the pond. The outlet of the pond flows from the lower left side to the ocean at the west end of Bailey Beach.

I have been told that the drainage from the storm sewers from Coggeshall Avenue also flows into Almy Pond.

Almy Pond On September 3. 1986, I went on Almy Pond in a rowboat to check the vegetation along the margin of the

- 2 wetland and to check the depth of the water along the Key property and at the upper end of the pond. I had been told that the island was a floating bog and moved around the pond, and I wanted to check that also,, The current was strong down the pond which made rowing strenuous, but this also allowed us to drift back to the dock without rowing. The water along the shore near the dock and for a distance beyond it was six feet or more, but along the Key property , and the island,and the marsh at the upper end of the pond, the depth of the water was less than three feet, and the bottom heavy muck. We could not go as close to the edge of the wetland as I had planned because of the danger of hitting a snag and overturning, or of "being stuck.

The vegetation that grew in standing water was predominately species that are tolerant of brackish conditions. The highest percentage of the area was covered with narrow-leaves cattail, Typha angustifolia'. but there were clumps of. rose mallow, Hibiscus palustris. and both on the island and in the marsh at the upper end of the pond'large colonies of bastard indigo, Amoroha fruticosa.

This is a shrub that is native west and south of New England which has been used to some extent as an ornamental, and has escaped and become naturalized. Dense thickets of bastard indigo have also become established on the slope of the Key property.

-3The island was in shallow water and appeared to be firmly rooted to the bottom of the pond. Another small island that consisted of a clump of bastard indigo that was only about five feet in diameter, was also firmly fixed to the bottom.

Between the dock and the Key property, there was a small cove that was ten to fifteen feet in diameter.

It had a very small opening into the pond and was completely covered with waterlilies. The presence of waterlilies here and not in other shallow portions of the pond suggests that enough fresh water enters the pond at this point to counteract the salinity of the main body of the pond. The fresh water may be a spring, since the pond is known to be spring-fed, or it may be the entry point of water from a storm drain.

A typical fresh water Rhode Island pond usually has rooted aquatic plants growing at depths of less than 3i feet ( Figure l.)0 The fact that the only plants that grow in shallow water in Almy Pond are tolerant of brackish water would classify it as a brackish rather then a fresh water pond. And this despite the fact that the only connection with the ocean is a 24-inch culvert with a weir across it.

The weir has a drop of about six inches, and allows water to flow out of the into the ocean, but prevents sea water from entering the pond except during storms or exceptionally high water. On September 22,1986, at high tide, the water leaving the pond was falling about six inches. No tidal water was entering the pond.

-4Another plant that was conspicuous around the edge of Almy Pond was common reed, Phraaites australis. This is a tall cosmopolitan grass that will grow in fresh water, but in the northeast, at least, seems to grow more vigorously in brackish water, even though it does not grow in water with salinities above 1.3*.

Tall reed grew in patches along the shore of Almy Pond at levels slightly above the cattails in most places.

It almost filled the stream that enters the upper end of the pond, and grew in a broad band across the lower end of the pond where part of it is mowed to provide parking spaces for members of Bailey Beach Club.

The west end of this parking lot is drained by a narrow ditch that appaently enters the culvert that is the outlet of the pond at a lower level than the weir.

Enough salt water comes up into this ditch to support a vigorous stand of salt hay grass. Spartina patens. on both sides of this ditch. This was'the only salt marsh species ' found near Almy Pond.

On September 3. 1986, I checked the inner edge of the wetland along lot number 19. This was the line marked by the DEM specialist to separate the wetland from the upland.Much of this side of the wetland was a floating bog with a high content of organic matter and probably peat also. There were other species of plants on the

-5bog in addition to cattails. It undulated when I walked on it, indicating that it was floating on muck.

Hugo Key and Son, Inc. Property on Spouting Rock Road Newport, Rhode Island The Key property under consideration is bounded by wetlands on two sides. Lots numbered k, 5. 19, 20, 21,and 22 are hounded by Almy Pond. Lots numbered 23, 2^, 25/ and 26, are bounded by a wetland that seems to be part d>f the stream shown on the topograph map, but it may still be considered part of Almy Pond.

I visited this property for the first time in early â&#x2013; December.1980. At that time, the old stable was the only building on the property, and the remainder was covered with piles of fill. The banks sloping toward the pond were severely eroded and I recommended that trees or shrubs be planted as soon as possiole to control the erosion.

I did not see the property again until August 19,1986.

By then, the fill had been graded and a covercrop planted, and willow trees were growing along the.edge of the pond.

The road, sidewalks, storm drains and most of the underground utilities had been installed. Almost all of the plants on the graded surface were introduced species, and on the slope, there were a few native species of plants, but most of them were introducedo The best possible use for this property would appear

-6to be for single family houses. I would recommend, however, that no more fill be added behind lots numbered 23 through 26, and that this area be consolidated into two lots instead of f o u r.

Drainage One of the concerns that has been expressed is whether the storm drain system will add an excessive amount of water into the pond at a single point. The street is short, the ' off-street parking spaces have permeable surfaces, so most of the rain will still percolate through the soil rather than enter the storm drains.

Adding Nutrients to the Pond Town sewers will be used by the houses that are built on this tract, so the extra amounts of nitrogen, phosphorus, and potassium that would be added by septic systems are of no concern here. The street will not carry through traffic, so excessive derivatives of petroleum products will not be a problem. The only remaining concern will be the fertilizer used on the lawns.

Rhode Island soils are inherently low in the essential plant nutrients, nitrogen, phosphorus, and potassium, because of the nature of the rock from which the soils are derived.

They are mostly granites, gneisses, and schists that are low in these elements. In addition, home owners are not usually generous in the amounts of fertilizers that they add to their lawns, so the elements are absorbed by the plants as soon as

-7they become available, and are recycled from plant to plant.

"Plants as giving Filters" While the concept of plants as "living filters" was studied originally as a method for removing excess nutrients from sewage effluent by spraying water from sewage systems on forests and croplands (Sopper and Kardos 1973), later work done by Woodwell, 1977, showed that a combination of marshes and ponds used in conjunction with terrestrial systems was more efficient. A recent article ( see attached sheet on cattails ) has cited evidence that cattail marshes can be effective in absorbing toxic mine wastes.

Even though we are not concerned with sewage disposal or toxic wastes on the Key property, there is no reason to believe that the large cattail marsh that borders will not retain any excess nutrient elements that might leach into the pond.

D e n i t r i fi c a t i o n Denitrification, a process that breaks down nitrates and releases gaseous nitrogen to the air can also take plaue in mucky soilso A rice paddy is a classic example (Pearsall 1950, Shiori and Tanada 195^)o Flooded soils develop two distinct layers after submergence. The first is a surface oxidizing layer only a few millimeters thick, and a deep subsurface layer which is in a chemically reduced state.

Soil nitrification takes place in the shallow upper layer because oxygen is present. However, if the nitratfi fnr-â&#x201E;˘*r\

A - 4 T U E S D AY ^ S E P T E M B E R ^

1986 THE PROVIDENCE JOURNAL-BULLETIN

ATION Across America- Distant, Pa

The ordinary cattail plant may contain the answer to cleaning up strip mines ; By BOB DVORCHAir ByBOBDVORCHAK

—Journal-BuJleUn Graphic

drainage is bleeding from the streams'and kills plants, ground.

About 5,000 miles of streams DISTANT, Pa. —Cattails sprout "The mining companies are so and rivers nationwide are polluted defiantly from the orange, acidic desperate for a solution to -' goo leaching from an abandoned by acid-mine drainage, and more treatment costs they're not waiting strip mine off the bumpy backroads than one-third of them are located for research." Kleinmann says; of western Pennsylvania. m Pennsylvania, according to the "Even if a car can only go 20mph state DER and the U.S. Bureau of Researchers are amazed, not by and can't get out of first gear, it the plants' surviving in such a Mines. will still get you somewhere; Hey, wretched environment but by the it's cheap. It's a low-cost gamble ' "I consider it the major cleansing work they do. The "It's like spending $100 oh a effect associated cattails are removing iron and other environmental with coal mining," says Robert clunker now or waiting several metals from the water and, some years to buy an expensive Cadillac.

Kleinmann, research supervisor believe, neutralizing the acid. with the environmental technology The coal operators will drive the "It's nature healing itself," says clunker until they get the Caddy." group of the U.S. Bureau of Mines' Javed Mirza, district mining Kleinmann estimates that ' .

"According to estimates, the manager for the state Department marshes can be used in 20 percent of Environmental Resources. mining industry is spending $1 of the acid-mine drainage prdblems million a day to treat acid-mine There is something going on that nationwide, particularly those with lowers the iron content and makes drainage. Other than wetlands, flow rates of less than 100 gallons a the water less acidic. Some of these there is no other technology minute.

• •.... available that is cheap, lowthings grow in stuff you wouldn't A marsh can be built from "' want to touch with your foot" maintenance and applicable. scratch for about $20,000, "It's not a panacea, but we see Because of these curative this as being one of the best depending on the size. One'' Powers, the lowly cattail has Pennsylvania coal operator was become a favored flower of : possibilities we have for correcting spending $57,000 a vear.on ' a lot of the acid-mine seepages environmentalists and coal chemicals to treat acid drainage operators working to curb the toxic throughout the nation."

Ben Pesavento, head of • Acid drainage is now being damage of acid drainage from Environment Analytic Service of mines. treated with caustic soda or Mercer County, is an independent The method is still experimental, limestone, which neutralizes the designer of cattail wetlands. He did but about 40 cattail marshes have^ discharge. But this means adding been started in the past three years. an expensive chemical and requires laboratory work on treating add with marshes in 1971 and built a Officials estimate 100 will be constant upkeep. If a coal company working wetlands in 1975. .. goes bankrupt, the treatment stops planted this year, stretching the "It was rejected by the state as and nature has a chronic wound. length of the Appalachian coal oemg too radical, too simple. Thev fields, from Pennsylvania to Cattail marshes occur naturally thought I was crazy 15 years ago/' and are self-sustaining.

Alabama. Others are being Pesavento says. established in Montana and Researchers know little about how "We've shown a lot of people and why cattail marshes work, Colorado. we can clean up an awful lot of Acid is a nasty byproduct of coal Kleinmann says, but the method water without massive amounts of has so much promise, coal mining. Coal seams contain chemicals.

We have a lot of them deposits of pyrite, a lustrous, companies are rushing to plant where the water is blood-red them. yellow ore made of iron sulfide and coming in and coming out clear on The remedy means money. Coal Known commonly as fool's gold. the other end.

Vv hen exposed to air and water, the companies are now required to put "We haven't even started to tap up bonds to insure thev return pynte becomes sulfuric acid — a the potential. Ten to 15 vears from mined areas to an acceptable state smelly witch's brew that poisons now, there doesn't have to be any Their bonds are held up if acid more red streams in Pennsylvania."

Associated Press

References 1. Halvorson, William L0 and William E. Gardiner I976 Atlas of Rhode Island Salt Marshes. Prepared for the Rhode Island Coastal Resources Management Council by the Coastal Resources Center? The University of Rhode Island Marine Memorandum

Number kb0 2. The Outdoors'man's Topographic Guide 1976.

Published by Outdoorsman1s Map Service, Box 3671, Cranston, R.I. 02910 3Âť A Tour of your Favorite Pond Starts Here Stuckey, Irene Hâ&#x20AC;&#x17E; 1973. The Rhode Islander, The Providence Sunday Journal Magazine 1 August 5, pp.

10-15. #.

4. Sopper, William E0 and Louis T, Kardos, editors 1973 Recycling Treated Municipal Wastewater and Sludge through Forest and Cropland,, The Pennsylvania State University Press, University Park and London.

5. Woodwell, George M. 1977: Recycling Sewage through Plant Communities. American Scientist 651 556-562 6. Cattails 1 The Providence Journal-Bulletin A-**-, Tuesday , September 2, 1986 7. Pearsall, W.H. 1950. The Investigation of Wet Soils and its Agricultural Implications. Emp. Journ. Expt. Agric.18(72), 289-298.

80 Shiori, M and T. Tanada 1952*. The Chemistry of Paddy Soils in Japan,, Min. Agric. and Forestry.

Japanese Government , Tokyo. 45pp0

APPENDIX C CRMC CATEGORY B BIOLOGIST FIELD REPORT

; RHODE ISLAND COASTAL RESOURCES MANAGEMENT COUNCIL CATEGORY B BIOLOGIST'S FIELD REPORT e of Preparation

File No. 85-10-52

August 14, 1986 street

Date of Application

October 29, 1985

C i t y / To w n

off Coggeshall Avenue/Spouting Rock Drive ~~

ners Name

~

Plat

Newport

No.

Lot No.

Hugo Key & Son, Inc.

37

dress

P.O. Box 6j Newport, RI 02840

Telephone No.

i tractor/ Engineer Not known nes of Adjacent Waterways

Almy Pond rest Utility Pole#

ject Type: To maintain -ff„ hnilt" rn.H an* *~-rnTnr to

platted subdivision

service 21 lots of a

iew for Other Agency (specify) e(s) of investigator(s)

Linda Steere

Inspection ■Date December 12, 1985 ■,, 9,55 am

cos ys tern Types; oastal Feature (s)

ater Type:

sland Features:

cH«_

bluff

bankxx

sand beach cobble beach" boulder beach ssa^nr d

— d u nb e r ar o Cckk lyS H s h om r ea rDS ah r ril2 eL r - ' ^ t a r. ^ d a c

Narragansett Bay (specify where) Other estuary (specify) Sounds Freshwater Pond Stream or river Woodland shrub fi e l d / a g r .

"

_Salt Pond Almy Pond

Commercia./residentia._igL_otherJiaveaetated flll material

-

2

-

Salt Marsh Vegetation Present: S p a r t i n a a k e r n i fl o r a X X S p a r t i n a p a t e n s S p a r t i n a p e c t i n a t a Juncus gerardi Limonium carolinianum Distichlis spicata S a l i c o r n i a s p p . P h r a g m i t e s a u s t r a l i s X X Ty p h a a n g u s t i f o l i a Ty p h a l a t i f o l i a E l e o c h a r i s r o s t e l l a t a S c i r p u s a m e r i c a n u s y ^ Iva fructescens Agrostis palustr-is Hierochioe odorata

E l y m u s v i r g i n i c u s S c i r p u s s p p . X X O t h e r Ty p h a s p , , S a l i x d i s c o l o r, S a l i x ■ fresnwater wetland indicators3.

Wetland Interspersion: high ^moderate XX low Size (approx) 5+ acres bordering site Contiguous Other

wetland

yes

^

3. Other Environmental Features (biological, hydrological, geological)

a. Coastai feature characteristics: Coastal and contiguous freshwater wetlands Xarge areas of wetlands exist on the northeast corner of Almy Pond as well as to the west. ^ This is documented in "Atlas of Rhode Island Salt Marshes* Coastal bank—fill aslope which ranges in elevation from 12-20 'HSL dependinc

b^^SRVyeSftgftrc^ifttffli&J^ concrete debris evident on banks,

partially vegetated gravel fill, recent roadway and-drainage work (within ■^- years/ c. Topography and soils: Stissina silt loam-n^riy level, poorly drained soil# seasonal high water table from fall through late spring; slow permeability • Adriani muck—nearly level, very poorly,drained soils,- high water table; d . S p e c i fi c w i l d l i f e / fi s h e r y r e s o u r c e s : o r g a n i c l a y e r ( S C S , 1 9 8 1 ) ' Known winter waterfowl resting area. e.. Distance of proposed alteration to inland edge coastal feature: alteration ff^n beca*

f. Existing structuresroad & drainage (unauthorized)- coastal feature (bank) g. Other: 4. Existing land and water uses

a. Type water 1—Conservation Area b ' ^ ^ P r e S e r Va t i ° n a n d R e s t o r a t i o n / C e o g r a p h » c a l A r e a o f P a r t i c u l a r C o n c e r n ( C R M P 1978J AirR

c. Docks: on site • adjacent

d. Houses: yes (north and south) e. DEM - Shellfish Management Area no f Residential Devei: low moderate XX high g. Commercial/Industrial: no h. Undeveloped: no i. Other:

-3-

Applicability to CRMP (June 18,1983) and SAM Plans: SAM PLAN: Area of Critical Concern Self-sustaining Developed beyond carrying capacity Undeveloped zone High Density 120j« 130_140.H1502QLl60_200.1JQC200. 2_200.3_200.H_200:5_200.6_210.1_

210-2_"0.a«21D.4ia210.5_210.6_300.1H300.2»pW 300.7 300.8 300. 9 300.10 310 320 330jQpther Comments on adjacent activities under CRMC jurisdictionSee chronology of Key site. (#12)

cJSilhWtlf^^^^^^ usw&a.*-* p—Ssea ^SE&&1& RWBISS?5^ I?a?irtEeeS^P?ll2l5 PlanS d° «* —te: None Person (s) present other than investigator(s):

K. Pisani—Staff Engineer Summary of information and views exchanged■

NA

"

'

Other information:

■ "^SiS'sssavss'i'srsi.*'not in ^fies- «»■■»"«* APKesCSonS;tted 300'1* *« ».piri».. Adequacy of responses .s

C h r o n o l o g y a s d e t a i l e d i n F i s h & W i l d l i f e fi l e s .

1) 1900-1970—filling on Key property (referenced 300 1 a *

. s a To ' c ^ s s * } ^ i e ^ ^ - n S t 3 ^ ^ o L i 2 ) i n 9 v l t i a n d s ° ^ d ^ i ° r P. S - 0 f E n 9 i n e e r s o r d e r e d r e m o v a l o f f i l l 9/1/tI (2h~ !5?o^?t0r2ti0n areaClean back Water to conditions as of y/1/76 (the effective date of°f the Act, Section 404) Sertion7isI^dECeaselSn0n-05 ^ Resources' Freshwater Wetlands r e s f c o r £ ™ ^ f ™ * . ^ Desist,0rders requiring stop filling and w i t h ail wirn a l l the ? £ ddetails f ^ f ? ^ ^of V S this ? S i tproject. e - . ™ s o ff i c e i s « < * f a m i l i a r 4) lu!Cfii?i^\^S^ a C * D at tMs time since ifc speared that vh^h o=i29^K ^!n.?"°r.t0.the 1978 Amendments to the RICRMP y(letter ^ f L ? a ^dated t ^ e 1 ? ^12/19/80 , n ^ l j u r i from s d i c t i J. o n Lyons i n l a n dto o fJ. t hSabetti, e M H Wclerk l i n e ,of Newport Zoning Board of Review)

-

4

-

5 ) 1 9 8 0 — i t i s b e l i e v e d t h a t t h e a p p l i c a n t , K e y, a p p l i e d t o F r e s h w a t e r We t l a n d S e c t i o n d u r i n g t h i s t i m e f o r a n a p p r o v a l for the subdivision. It is believed the plans CRMC are now evaluating are the same plans FWS evaluated, (per. comm. TOS,8/14< 6)

6/4/81—Army Corps closed enforcement case because Key h a d r e m o v e d a n d r e s t o r e d a l l a r e a s fi l l e d a f t e r 9 / 1 / 7 6 (per. comm. COE, 8/14/86) 7) 1980—during the summer of 1980, CRMC Staff met with Mr K«=v r e g a r d i n g s u b d i v i s i o n p l a n s .Submission S u b m i s s i oofn plans o f p l awas n s vpromised.

LlrZll 8) K e y s u b d i v i s i o n p e n d i n g C i t y o f N e w p o r t a p p r o v a l s d u r i n g 1 9 8 0 - 8 1 .

9) 10/l4/80--Letter to S. Jemigan, Public Works Director Newport from V. Beai (DEM-Div. of Planning and Development) rei Almy Pond Subdivision, recommending 150' buffer zoneTrom the "toe of the wetland to the development."

10)

thafthe'c^Sf JSJ' Jer?^an from J: ^ns (CKMC) requesting project plSJs. g a ChanCS t0 reVi6W the A^ Poftd Subdivisic X1) ll(^3/^CfiC S^aff met Vith Ke? & Son' Inc- °» site, several Staff Reports and letters resulted from that meeting, including: a ) I n t e r - o f fi c e M e m o ( 11 / 1 7 / 8 0 ) f r o m C . W e y m o u t h , B i o l o g i s t b ) E n g i n e e r ' s F i e l d R e p o r t ( 11 / 1 4 / 8 0 ) f r o m N . P i s a n i , Engineer * c) CRMC Office Report (10/30/80) d ) 11 / 1 7 / 8 0 — L e t t e r t o S . J e r n i g a n f r o m J . Ly o n s S Uonugn c i l Srteaqfufe s t s^ c toh m i nS c liuSd ^i ni g1 1t^h 8a t^ " t hHe S C a t mt e h en deantt i roen s

t£e 3^t,l\l^PrOPOS^°r altered * Processed though

SM2 SrK^™ ** ^ eStablished ^ APPendix Bg S ) l l rr^e<qfu2e; s^ ttitnegr c* o ° r r?eUc g o bml e m J . oLny osni st e t i °o nK e o yf t&h e S eorno' s iIonnc pf rr o f) 12/19/80—Letter to J. Sabetti, Clerk of the Newport Zoning Board of Review summarizing findings? NBVp°rt12) 12/16/80—Letter to John Greichen, Chairman of Zonina Bnarrl of Review (Newport) from Irene H, Stuckey (as SnsultaSt for applicant?) regarding evaluation of subdivision.

13) 6/1/83—CRMC Administrative Assent for R. Livinastnno **«,- r^ a Key Plat for dwelling (File # 83-6-1). Accellolf Key Court ' 14) Between 12/80 to 10/85-no action on subdivision occurred until draingae0n °f application to CRMC for '" built* ro^d and 15) 10/29/85—CRMC issues Category 3 Notice (File # 85-10-52) 1 6 ) 11 / 8 5 — a d d i t i o n a l m a t e r i a l i s p r o v i d e d t o S t a f f B i o l o a i s t as requested. yy 17) 12/12/85—Staff Engineer/Biologist inspect site 18) n2/r?^o7*"C^ *S!U?S CateS°ry A Assents to H. Key & Son, Inc/ D. Glassie (85-5-36) for Lot 5. Kpv ^iviHnn

- 5 -

in summary, the Hugo Key & Son. Inc. parcel has a lengthy history with DEM and CRMC. Several site inspections/site meetings occurred during 1980. Numerous correspondance indicated that CRMC had concerns These included that Almy Pond was an "Area for Preservation and Restoratio the pond had been stressed by past development, and that the Council vishe tRr rIZCTR 5 3M T P , P r ° P O S a l t h r O U 9 h « « 3 01- d9a7y8 )N.o t i c e p e r i o d ( A p p e n d i x B ,' Previous recommendations by staff for increased lot sizes; storm water retention areas to minimize impacts to the wetland and pond • proper regrading of the banks and revegetation; and the encorporation of a large buffer zone appear to have been ignored.

At this time, it appears that Staff can only evaluate the -as built- road and drainage. Which, by the way, staff repeatedly informed CRMC was under construction. Piecemeal equation does not allow"

subdL's°irPerly r1UatS ^ lar9Sr imPaCtS reSUlti*9 «* tbi. remair "' & ' A1Mn9 ** ^^ l0Cati°« « «. road to '•buildable' I Z T t L ? * lunder n / a C t 'theP r CRMP e V S n t (1983) CSrtain eetabli^ lots from being

APPENDIX D CRMC ENGINEER'S REPORT

Page 1

DIVISION OF COAST*. PPgr,. .r,^

ENGINEER'S FIELD RFPnux

TYPE OF REVFy; A.(l^ fni„,,n „_y

Name: tioio Key # So^ ,mpi "Plat: 37

'20

■ FILE NUMBER: Y <7 - | f) - <^ 2.

C i t y / To w n : N e . U ) P Q & r Lot Cs]: S^vg^ftL

Ma,,in9 Address: -J^-r^Je-^h^^ Designer,

Waterway: Barrier Beach:

Address:

N>»

AlL^y ■—

l/mrU.

fpfWE* I

y pType: e:

P

£_

"

'

—

'

U^VJ

-

^ ~ 7 T: — r T T * L O r ^ — f i p a P l a t t e d ^ T ^ w ^ T T : t — — a

^ c ^ j k i L - J Z L' k a t t ! ,' D . t . : f -i 5w- ^^ / r e " — ;— T l m e : . )o JWvi ^ Date:

nsoector:

Time:

Persons Present B views Exchanged; ^Sr^^eZFiZ^^OLO^^

M e a s u r e m e n t s . S a m p l e s . Te s t s M a o ^ ^ ^ ^ ^ j ^

OtH. Review items Used (Maps. a^JZT&M' * Mt> fY] ft-f <T

TzA> Soil

Previous CRMC Actions For this Site: StAFF TRJB-A? 'R£./>Ofc-T~* * -

^COfoC09v)l>iJ0C- uSrl <oP T>&t€1uTIOU ?Ot0b.

C o r r o b o r a t i o n a n d A d e q u a c y o f P l a n s : ^ U & ^ Ty & P ? i l \ j \ ) S A f P E & f L TO & £ _ Sogyr^Tiftu/ AccuEffrfc, ■T O CoR&rftu FFJVtoEE-

AiTtfnocV LocJWiow

Some ^fcte,

. *>£5c£^AJuiv£_S NotSD.

ic

Permit Requirements: DEM/ISDS:

ftyP

DEM/Land Resources. Freshwater: /UTSlO\/fiL g)J\) F'L€l.j Local Building: lfOPlVipuAL ■ ftffRg/JLS £>£, >u>€,LL.ICO^S &££, fe^flV Corps of Engineers: }n) ) p O t h e r L o c a l . S t a t e . F e d e r a l : ' P l A t i l Q U & O - " g o fi f c ^

Significant Programmatic Characteristics [Erosion Zone. Etc.]: Afe& X>£SlGW&r€J> £d£_

Public Infrastructure: Adjacent Roads: Stf3l>lV^lS| OW pJlTr£tH& PR^M A LprAl 8t-££JBT*

Public Water Service: Y&S Public Sewer Service: 7&^ Flood Zone Information: Flood Zone

Closest To Shore:

Base Flood Elevation [B.FJE.3

V A

Wave Height Included?

Y££

Furthest Inland: B.F.E. is the 100 year intensity Storm Water Level.

Flood Zone at Building/Project Site: Af

B F E 1 H J fl S L Wa v e H g t . I n c l u d e d ? \ &

Classification of Project: New Construction ^ : Substantial Improvement Non-Substantial ImDrovemRnt:

n»k«Bl

: Accessory:

A •

Page 3 Waterway Information: 19B3 RICRMP Use Category: Type 1. Conservation:

%

Type M, Multipurpose:

Type 2. Low Intensity:

_ Type 5. Commercial Recreational Harbors: Type 3, High Intensity Boating: Type B. Industrial Waterfront & Commercial Navigation Channels: commercial D E M Wa t e r Q u a l i t y C l a s s i fi c a t i o n : S * B Harbor. Channel Line information: ^ Riparian Line Information: tf)p

Normal Wave Energy [Not Including Hurricane Events}Minimal [Large Wetlands. Small Ponds Low [Fetch < 2 mi ±) ^<

Moderate [Fetch 2 to 6 miles ±] Direction from which maximum

High [Fetch > 6 mi ±) normal fetch emanates: S U)

J^MiU Benthic

Sediment

Circulation

&

Information:

Flushing

Pv&L^lj*^ Srtef^

^^Z^^£^

Informatio^^^T^"

ITHT

^7T

Existing Wa terway Development B. Uses tOn Site S. Surroundino): */okV=."

■o f c / Vo f O f ^ - , /

~Z

n

t

Pagel77* Coastal Feature Information: C o a s t a l F e a t u r e s C s l : L M f > £ . P f t £ f l | f r \ f r f € £ t i & T l A d b O F VA f r f A l Q .

lA)n>ftt ( ui\M>f.E-gn' -to dv>££. ) D o' u>Tbi^ , ?££. SY>gff\ n-pes TLAlY ) .'Tfltt I ? B f t C t e f c & / A F i u , e i > S ^ n g A N D a n & K K - n i W i C H f | / V S f t S T- £ f c f .

AOO^O- |^£&T Stt£, SUJAFT& ]MA&. -to fOpE-Tlt Sll>£-* Existing Shoreline Protection Facilities (On Site E- Adjoining]: fJr>K\fe,t

Coastal E r o s i o n C h a r a c t e r i s t i c s : t J o g l C ^ i P < C A N I T - C O A S T A L ^ J t o S i Q j Q / t i r r r f f r .

Lateral Access Characteristics: NffT" feftriM £jQ*n

Upland Information: Backing Upland Feature (a) [Note Elevations]: Q\)£gA\jL Q$UW>5> glft/Anplti S RAfO(>E-

F£o/y\ is'msiTs 3jjnsL. Ttzs^-rty -nu^ sivft. a-A? /istfj Existing Upland Development [On Site & Surrounding]:^oAfrU)fW U&S RpgM ix] cs-AU 6A

una

d&^l

sysr^.

lu)»

jS

VA z A t i r.

^~

Upland Drainage. Runoff, and Erosion Characteristics: I>plAiMkO>E. 5X$T£./n; 3)SCEl£gi> >tb

%tx>% FlLL£p \onff i£j>//7lgjQT, )TV\^BaS pLou) Ar STSxJE&AL M*ifOr.Df

hi

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Page 5/

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Soils Information (From Soil Survey of R.I USDA qpq c * k.

Unit[s]:

Hydro.ogic Groups Cs]: A: High Infiltration Rate when thoroughly wet B: Moderate...

C: B| ^ : O: Very Slow Ty p i c a l H i g h Wa t e r Ta b l e I n f o r m a t i o n : T V fi r A ) J X

>- <°

Glacial Geology: Upland Till P u a E. PBlockm Island . , , ■ UHA. Moraine

'

Plains K, Narragansett Till Plains Cutwash Deposits

V '

Other Pertinent R.I.S.S. Info/Suitabilities:

Soils info from Other Sources (On site. DEM/ISDS. AP.. Etc}: —

O t h e r S p e c i fi c G e o l o g i c . H y d r o l o g i c a n d To p o g r a p h i c I n f o - d A ^ n P A , O \ a , 2 n

°'S'fnCe °': ^0pDSal "Coastal Feature and Elevations of Proposal: ISoR^J^ -^ -rnP „C

Other

Pertinent

Information:

"

~~

PAGE APPLICANT• S NAME: ££7 TOWN: lte.u^pP_-r- & , w L O C AT I O N :

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REVIEWER'S/INSPECTOR'S SIGNATURE AND DATE

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NAME:

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MEMO/ RECOMMENDATIONS: (CIRCLE ONE)

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MEMO/ RECOMMENDATIONS: (CIRCLE ONE)

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f p t L u - r A j U r M i - n r. A n o A ) P P o u , b f j > .

REVIEWER'S/INSPECTOR'S SIGNATURE AND DATE:

APPLICANT'S NAME: _ LOCATION:

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FILE NO:

MEMO/ RECOMMENDATIONS: (CIRCLE ONE)

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NAME:

L 0 C AT I 0 N :

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REVIEWER'S/INSPECTOR'S SIGNATURE AND DATE:

PAGE APPLICANT'S L O C AT I

Y N&A7M E :

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REVIEWER'S/INSPECTOR'S SIGNATURE AND DATE:

APPLICANT'S

, NAME:

L 0 C AT I 0 N :

££/

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PA G E S3

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REVIEWER'S/INSMCTOR'S SIGNATURE AND DATE:

xq,1p ' /■ NAME:

Y. £ 7

TOWN:

^

f'T

PILE

N0>

GS - GENERAL STIPULATIONS:

V___ For the purpose of this permit, the,coastal feature sh*n edge of1 the coastal feature shall be^ae ^-np "t lniand

CoftS-rfcX,

?>J\|\it-,

TM^

To r

r>P

All site grades shall be returned to the original grade unless indicated on approved plan and approved.

C0 )

^c io- ,n! sX tCr eu lcSt-i oenx cm a vaat teerdi a m i adl s ,d eebx rc iess s( i sn ocill us ,d i enx?c e!snsl l sa, t ear n destructed materials) shall be removed from tie site and H * o as it t,e d• « catu i or n N iot h im a toe rfi ea el st s h, 3a Jl l° ,bSet d d 2 ep o lnt « tHh«e uc P o a^ sn tda l l of e e ., w nS wfters* ' Sd9e °f ^ C°aStal fSatUre' « "" «"Sl

(^ rCi h )h i i U ^ n ? V e r i a i s h a 1 1 . b e c l e a n ' f r e « o f d e b r i s a n d (

,"'' andk Eree °f materials which may cause pollution of surface waters or groundwater. f " oc

_J2—) All areas of exposed soil which are dl«<-nrh_.« kcon.truction.nd- related activities shai! be revegetateS as immediately as is physically possible so as to mfnimize to t o im°m6dai^_edi,,lentati0^ i m m e d i a t e r e v e g e t a t i o nIf, a *** ll e season x p o s e d*■s o"ot i l s conducive shall be

U) U )

I _ i l s a » M ^ S t a - U z e d W i t h h a y m u l c h ° r ■* » ° i « ™ « r l _ well as af let .-"h meth°dS Sha^ be ^^Y^ during, as exWntpossible. ^ constructi°" P*"* to the maximum p e r c e n t ! P ° S e d £ U 1 S h a 11 h a v e a m a ^ m u m g r a d e o f 3 0 Excavation and grading shall be limited to the area of .-h_

«!i:"i:;:Uwlbt#n.n-0 »«!**.""? °£ soils or construction S " r i tf M gV c ooa. V s /t .awlfeature. e ant ufreee. t o f ~ t~h « " i n«l «a *n«d V dW J .' o T ^ h t nee"

L Or) LSri°^kpiUnA0r disposal )f soils, construction w i t h i n S o ° r i i l \ C l S n f S h X 11 ° C C , U r ° n t h e c o a s t a l f " t Vr ° . ?

L A t i V I oor? in - fcoastal c ° f , t hwaters. e lnland edge of the coastal feature, ? e a ? u r e a t v 1 t h i n ^ 1 " c h , i n " * S h a 11 ° C C u r 0 n t h e c o a s t a l f e a t u r e ' or « t in ^ fcoastal ? e t ° f waters. the inland edge of the coastal feature,,

:/.

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/ A s e t b a c k No3ignTn^ra«rvi;°0:^;:r?is:ofthecoa9tai'■«•"*•■»b« of S"o «•_„,. - . .

- maintained. the appropriate variance has been obtained from th. orm£ '" *" Mtb8Ck m,eS9

reet .Si the8 '^^Jt^^^^^ ^ «W« • -—« of — 1;S^wn,r^^^^a =a, Je 0OV8r she,, occur in ehe shal be maintained with existing, natfve type «"Zl£ th" C089tal faa""-»- This area

—

j

ercona,

impacts Com --^^^^

and.or

u9p0n

the

XXS^

^

^S^T

s .. , t eI*0 . T hsetback i s s h a l shall l b e be a t tdelineated h e r e q u e sby t othe f t *CRMn n £ * £ *qrarr " *W •'° 8"y 8Ctivltles ™ •*• -^_

A

line

of

haybales

shall

be

staked

SO

fm • , ^ .

Feet ,n,and of the coastal feature.

((,/

NAME;

£»£/

TOWN:

N

?T

pile

NO.

GS - GENERAL STIPULATIONS (CONTINUED):

lu

Prior to initiation of any grading, constuction, or e a r t h w o r k a c t i v i t y, a l i n e o f s t a k e d h a y b a l e s s h a l l b e placed along the downslope perimeter of the proposed area of construction. (This line shall not be located on a coastal feature nor within a stipulated buffer zone.)

Bales shall be "toed in" 4 inches, where possible, to prevent the underwash of sediments. This line shall be maintained by the replacement of bales as needed and by the proper upland disposal of accumulated sediments. This l i n e s h a l l b e e ff e c t i v e l y m a i n t a i n e d u n t i l p e r m a n e n t s i t e revegetation is established. No soils' nor materials shall be allowed to enter beyond this line, neither temporarily nor permanently.

S t a f fi w i 11 erosion m o n i . t o rcontrol t n i s pmeasures r o j e c t o n may a n ibe n t e imposed, r m i t t e n t bwhere asis.

Additional n e c e s s a r y, b a s e d u p o n t h e o n - s i t e d e t e r m i n a t i o n o f t h e staff.

( * _ >

All driveway and parking areas shall have a permeable pavement and subbase consisting of gravel, crushed stone, shells, or similar highly permeable material.

All roof drainage shall be discharged into dry wells fi l l e d w i t h c r u s h e d s t o n e o r c o n c r e t e g a l l e y s s u r r o u n d e d by crushed stone. This will minimize surface water runoff.

All excavated material shall be cast on the upslope side of the excavation so as to minimize sedimentation.

Any pumping of groundwater, which may be necessary for dewatering, shall be discharged into sediment traps consisting of staked hay bale rings enclosing crushed s t o n e t o d i s p e r s e i n fl o w v e l o c i t y. H a y b a l e s s h a l l b e "toed in" 4 to 6 inches into the ground to prevent underwash of sediments. These devices shall be maintained by removal and proper disposal of accumulated sediments and^ by replacement of bales and stone as needed. The devices shall not be located on any coastal feature nor in any designated bufer zone unless specifically allowed. If necessary, a matting device shall be used below the traps.

The full removal of these devices (bales, stone, and sediment) shall occur upon construction completion.

V Zo ■ NAME:

J— d §* Z

.— T

l wN , a:; OW

(m u yP

T

FILE

NO.

GS - GENERAL STIPULATIONS (CONTINUED):

No materials shall be stockpiled nor disposed of «„ fcw SoS °tnibseaaCrea!raSS' "" ^ "' ^ W-S o^era^e

—'^^sources i'.ViVtri'^'L".^0 £ts/ti£,iitBd btu£fer of runoff flow fsurTh ». Vs-lt, No concentrated directed into the buffer zote. P1P"" °r SWaleS) Sha11 be

C O All

catch sediment haybales possible).'

basins and drains in the area «„..„ •. • u laden waters may flow Vh.ii VL' *nt° which (toed in 4 inch./ -i,.' " .3, b* ""9ed with These sediment controls^hflS^hi St-al?d- where

_ conduits withouhta7hVnUes^^^^

eniure^tha^'a^'on Vi^"-Ufi"0"^ 'If aPP"«"t shall contractor and ?he crmc A*^^ be h?ld b«««" the

—

J«»!?i1Hp"bh1.°up°bv:p;*.ia.i"°'""tiras'

*""

"■" > , " > i »

•«

NAME: Kf/ T0WN. J\)p-^

FILE NO:

SD - SEWAGE DISPOSAL STIPULATIONS: *dlw *enl cl irnega ssehu a li n he l bt h e e a tl ol ot awl e nd u. m( bReer l oocf a b t ieodnr ooofm se x iins t it n g bedrooms is allowed, however.) Any future increase in thl t0;al DEM/ISDS a n d number C R of M Cbedrooms a p pshall r o v arequire l. ' - p papproval rovaj.

A curb-or similar vehicular barrier shall be installed to prevent vehicular traffic over the septic system area.

Prior to abandoning the existing septic system, all connecting pipes shall be removed or suitably blocked, the 2SIi?°h.

Sf?ti*C tank Sha11to be pumped shall be Ed/0f disposed of according State DEM dry!(septage and Health s inl a l ] il lZ :bnef i i ffi: lflee3dk , w "i ti d h tchl e a„ nC e fi lSl .S p ° o 1 a n d / o r s p e t i c t a n k

L?) As

proposed, this s-fcru-eture shall be connected to and t serviced by municipal sewers. iffs S^ d a meXiS^ing, a g e d d u r i Septic n g c o n stank' t r u c t i cessP°pl, o n ( o r f r oand/or m a c t i vleach i t y r e lfield ated

nSM/^cneCOn!,tr"Ctiton)' D E M / I S D S a n d C R M C . A p pthe l i c a towner i o n f o r, shaH a n d ainform p p r o v a lboth of?

CRMC?Cement facllity must be obtained from DEM/ISDS and i s ^ used) u s e d ? shall mh^U * h l ? e P ^for 5 t amaintenance n k . ( ° r c e s s purposes. pool, if this is bev J °maintained Grading around the ISDS shall direct the flow of surface runoff water away from the ISDS. ( (L N \ /There shall be no connection between the proposed structure?and/or sewer system and the existing storm / S v rain\ / There shall be no connection between the proposed storm dram and_ adjacent structures and/or sewer systems.

Pool waters shall not be discharged directly into coastal w a t e r s . To m i n i m i z e i m p a c t s o f c h l o r i n e o n t h e a q u a t i c h a b i t a t , s u f fi c i e n t a e r a t i o n s h a l l b e p r o v i d e d . T h i s c a n be accomplished by overland flow,, spraying pool water into t h e a i r, o r l e a v i n g t h e w a t e r i n t h e p o o l 3 - 5 d a y s w i t h o u t t h e a d d i t i o n o f c h l o r i n e . O v e r l a n d fl o w s h a l l b e performed in such a manner as to avoid soil erosion.

'APPLICANT'S

NAME:

L 0 C AT I 0 N :

.

MEMO/ RECOMMENDATIONSr (CIRCLE

&£/

TOWN:

FILE ONE)

K\4V

PAGE \V to

NO: "

.

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REVIEWER'S/INSPECTOR'S SIGNATURE AND DATE:

'APPLICANT'S

! N A M EL :

YTj O ^Y WN: _

r ot \ \

Po - r

FILE NO: MEMO/ RECOMMENDATIONS(CIRCLE ONE)

( W ) ^H iXafc-LUt^ QrJ Lots

s

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r'

X £ 2 3 , 2 . y 7 . g a < v M £ 7 q j ^^t T 7 t?—^^

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REVIEWER'S/INSPECTOR'S SIGNATURE AND DATE:

APPENDIX E ARTICLES

Newport ^.Lipai»i.h^^T.hur8day.Decembac 4,.1980 *~7" "^ST^SSFT

lypp^ai^simdxvision ,ji- ?..

said that the conclusions-wereia ^ByrT^CURTIS FORBES* :.$. He ucaoiu uia»-uicruruw^iu^cm question can; be-brought.before the '"violation, of constitutional provisions,/, board again. *' ; "••:• '*-'• Jl W&: "DailyNewsStaffWriter -Developer, Hago Key has appealed in excess of the authority granted to • Board member Robert Pollitt was the Newport Planning Board's rejec- the planning board,.and.were made- the one dissenter. The board heard tiottfora subdivision of his property on upon unlawful procedure;. ."•;" ~<~t"". : - debate on. the: project for nearly two* the .west side of Coggeshall Avenue.. Corcoran: said that the conclusions •' hours from state Department of EnLashnonth, tneboard overwhelmingly were "clearly^ erroneous* in. view of- vironmental Management personnel, denied the Z7.rhouse subdivision^. - the substantial evidence of the whole" environmentalists, and. Key's £he ^appeal was filed Wednesday record-an6T were "arbitrary: or.-:- •neighbors.wtttetoe-Zonmg^Board-of Review and "capricious or characterized by abuse- - -. At issue during the discussion was^a wfl^e. on .the= hoard's dockets .^"-:;V^^^*!.vi;%^i:^jwldmg: investigation by the Army •meejjyecJZZaifo meetiaj^ihe<pIanW^Corps;of-Engineers' nf:possible QIega£ ?% T!^^^^mn^Pr:bT^^s\a^^^ ing: board voteftM tbrejegt.the pxo^JfflLoathe pond's eastern shore; ... '.*.*£ William^ CoreoranK said- that Key's^posat-without'prejudice- bexffluser-menC;;:^reported in the- Newport Daiiyr. nghta^'thad;beeir prejudiced because^, p!ans^ooidji0ti'(protex&andcoiiserve:; rNews last months the: Corpa believesat: flfKfingsy'r conclusions and: deci^ the natural jesources,r of me pondi :.4;tnat:ETey has iUegaDyiifled portions-of* sions^nfmeplanningboanh7^ ,.-.; ,_.

Newport (R.t.) Daily News. Friday, Decembers, 1980

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By T.CURTIS FORBES :: "'\ Daily News Staff Writer , | The chairman of the Newport Plann-* ing Board wants a house near Almy* Pond removed, if an investigation* shows that it is in conflict with federal^ wetland regulations, r. v**a>-mj Charles S. Soliozy, in a letter to the ^ Army Corps of Engineers, asked the corps to expand its investigation of the Almy Pond area to include land on which the house, owned by Stephen D. Foster of Bryn Ma wr, Pa., is built "If you determine that the Foster.: House is in conflict with federal regulations," Soliozy said, "we would recommend that you insist the Foster house be removed. Otherwise, it will remain as a reminder to all in.: Newport, that flagrant violation of our 4 laws can be rewarding/' >.. /, l'fl Soliozy also told the corps that the^ board has rejected a 27-bouse subdivi sion proposed for the Almy Pond area| . by Hugo Key.' '*" _ :•>: ■ ' -';?

He said that many reasons convince ed the board to disapprove of the sub^ . division... • :;- •*"; '• ^ ■* ~ v"'-"! * * '^'^*W "The reasons included'a:?fafiiire nil, the developer to satisfy all of our sub-' -division regulations and failure of the*, contractor to increase the environmen-i tal protection zone between the Almy,; Pond wetland and the development'^ from 50 feet to a minimum of 150 feet, as recommended by the state Depart-* ment of Environmental Manage-.ment." '. *,»:>■'.-;-■•-■**■■'••*='•*

pv Soliozy saibT tharthe-1 reason for the disapproval, was a% failure to-' incorporate adequate ' ;', measures which -would environmental- -: safeguard AlmythePond. ' \%j ' ■ly "The postion that board has taken is a most significant one as it will - • impact other developments which*:border wetlands," Soliozy said. . .

Soliozy said that the board hi good.f conscience cannot ignore, the existence •; of a new house which was built \ "primarily on filled land," and which . borders Almy Pond. .'i "\?e believe that the state agencies,'j namely, the Coastal Resorces Manage-.; ment Council and the department of Environmental Management, failed to enforce regulations which legally, . govern such construction," he said.,...; Key has appealed the board's reject '<: tion of bis subdivision.. \ .:. * -5 '.-- The appeal was filed Wednesday; 'with the Zoning Board of Review and-; • will-be on the board's docket when it' ■';meets Dec. 22 at 7p jn. in City HaU. ■,•.;] I'■■'■ The appeal, made by Key's lawyer, William Corcoran, said that Key's \ : rights "had been prejudiced because; of findings, conclusions and; dedr''; sibns," of the Planning Board. were .

Corcoran said the conclusionss were In violation of constitutional provi-i '. sions, in excess.of the authority nority .1 d, and I granted to the planning board, inre. I % were made upon unlawful prpcednre.

Newport (R.I.) Daily News. Monday. December 15,1980 "' -■"'■-■ "!■«» nLfc.a. v*C±£*i *? J(-' - ^*—*W-- »Ptff|-|it* ■»•* ••■ - "-■-

aniiiW tofrevie w inV "had been prejudiced because -. »A- petition of Sbochet Associates for ,£Tnf:!Plan^ revieicseveral petitions to the Zoning^ of findings, conclusions and deci a.special exception to convert the Board of Review, including an appeals sions," of the Plannmg Board. ' former. D& La Salle- Academy to 38

by Hugo Key & Son. Key-has appealed-^ Corcoran said that the conclusions residential units. the Planning Board's rejection of its " were in violation of constitutional pro •A petition of Schochet Associates proposal for a subdivision on landfbet£ visions, in excess of the authority for a variance for a three-story office ween: Coggeshall Avenue and Almv^' granted the Planning Board, and were buiding on Coddington Highway.

PondJ! • " 5 made upon unlawful procedure. •A petition of Elizabeth FalderThe Planning Board-meets at 7:30 hi The board rejected Key's 27-house haum; Capuano and Vincent CityHalL ; £ - subdivision proposed for the pond area- IacconoWilliam for variance for a five-lot sub Thejappeal, made by Key's, lawyer^ : for many reasons. division at the corner of Ocean AvenueWiDiam Corcoran, said that Kev's" . Board Chairman Charles S. Soliozy and Brenton Road. said the reasons included a "failure of. the developer to satisfy all of our sub division regulations and failure of the • contractor to increase the environmen tal protection zone between the Almy.

Pond wetland and the development from 50 feet to a minimum of 150 feet' as recommended by the state depart ment of Environmental Manage^ ment."

Soliozy said that the fundamental reason for the disapproval was a failure to incorporate adequate •' measures which would environmental• ly safeguard Almy Pond. . ; 4 ^-"The the board ' v takenposition is a mostthatsignificant one asithas wills: * impact- other" developments whtehj J bordetwetIandV?he saidi\6;<- •^r^afilTne boardtaiight wiffalso consider? ~tte-followirig:" .-•'• v;y ---#^^^ k •& petition of Hugh D. Finnegari for* a--variance to convert the first floor of a :■ building on 20 Annandale Road to an; -apartment /!

•An appeal of Beatrice G. Manice to'■', the specifications of the board for a . private road on land off Ridge Road. 7

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'NEWPORT, RHODE JsiAr/p, SATURDAY, DECEMBER 20,19M^|f;|^Jfv}?;M ')

Wetland W fixture rests with zoiiilffi ireview located on the property off Coggeshall talks' with th^DfelMhe. Cprps tihs decided ~\l Board, might reverse the Planning Board On Avenue. thai Key has not brokin any laws. /'this issue for 1 number of reasons, Including Files In the Department of Environmental Federal laws prehlbii filling any-wetland V'.'old friendships and obllgatluns. although no, '.' •' one la witling to publicly acknowledge'this for since Sept. 1,1971 The DEM claims Key filled Management and the stale Coastal Resources his property Id ISM.'Kef assured the Corps he Management Council contain numerods cita ;„ fear of jeopardising Mondays vote. has removed-'the fill.'. Tfuit,'ended Corps'In Frankly, several Planning Board members. tions of Illegal filling by Key - that is, filling 7 and environmentalists fear this will be the , without a state permit. Hut (hose files also volvement, „-V: 7, i-».-? .'•'*. .. i . show a record of continued compliance by •! case, that Hugo Key will gel his houses and The Corps kfyestlgaUon' Was one of the nails r" that the Zoning Board will art a precedent for Key, albeit not as timely In some cose9 as Ihe on which the'Plarinlng Board hung Its decision • In si month: On the1 advice of qity lawyers, the • V.. development aroiind the remainder of Almy . DEM would like. More than once, the DEM threatened court action' lo force Key to • board decided that to approve Key's subdlvl''.Pond, one of the city's two freshwater - slon before theprobe waa completed wasun- ; restore filled wetlands.

H Wetlands. :.:.-'.. k . . More recently, Key was the target oi a U.S. . w i s e . . . , , ; l 3 ^ - i ' ; : • * - ^ f c - - " '■' .■ i - •■ The pond's,, hlitbry Is Ipngthy arid com /I:..

Other reasons Included: lechnlcaljubdlvi- 7 plicated. In short, (he pond Is dying, ac-. Army Corps'of Engineers probe to determine : slon regulations thai could W ironed out at the •• cording to state environmentalists and scieh- . If be filled certain areas of his property In his option to appeal that decision to the Zoning violation of federal wetlands laws. A Corps lists.

Years of alterations, filling and stormdrawing board —'holhliig to permanently . , Board. water runoff Have seriously depleted vegeta- .. spokesman went so far as to say that Key thwart Key's efforts.".. '..=•• • ..

Should the Zoning Board overturn the Plan* ' nlng Board's decision, Ihe city Council Is the (loo around the pond — vegetation that har- ' would build "el his owd risk" if be continued So this brings .Uie lstifjVdowiTlo Its bare . bora and feeds nesting wildlife. the project before the Corps probe was com bones — la the city willing to' take a major '.' than [ast municipal recourse for opponents, other Individual court suits, since Ihe Zoning On paper, Almy Pond hns been the scene of pleted. step In blocking ii development for Strictly en- ' •' Board is answerable only to councllmen. . numerous Instances of Hilton since the 1950s, For now, Ihe Corps has absolved Key of any vlronmentalpurbosei? u >•*•>•'• '■•"■■ That queatlo'nts up to Ink Zoning Board. • • • . City Hull rumors speculate that the Zoning . mostly by Key, whose landscaping firm was wrongdoing. Based on aerial photographs and .;••• -, .1;-... : >'n •'..••

By BARBARAHOUTS ,, Dally News Staff Writer ' The Zoning Board of Review ii faced with a lough decision regarding one of Ihe city's two remaining frcshwaler wetlands Monday night.

No matter what the board decides, someone •' Is going to be unhappy Tuesday morning. '.

The question is whether Newport developer llugo Key and Sons Inc. should be allowed to build 2? houses on the west shore of the pond ■ .off Coggeshall Avenue. ' *• . The Newport Planning Board last month • said no -by an SI vote. Key has'eierclsed

University of Rhode Island scientists say Almy Pond has been exploited by. past development. The DEM recommends that Almy Pond be limited to low density use.

DEM's chief of land resources, Peter ' Janaros, has publicly stated that 27 houses is not low density.

Janaros also said the DEM has never hesitated to deny wetlands permits when necessary. CRMC chief John Lyons said his group technically cannut deny permits, because the state cannot afford lo confiscate land It bans from development.

OEM's director cf planning and develop ment, Victor Bell, suggestcu that Key move his houses at least ISO feel from the edge of the pond — a dislnnce that still might not be enough to keep fill, sludge and runoff from further endangering the pond.

Key's lawyer has made It clear that this distance Is untenable, but that Key is willing (Wetland..., Page 9)

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: Wswpntf (fl.l.) Pally Naws. Monday. December 2a 16S0-- ^

DoN ewjibrters care about saSMffija

. No one can deny that the Almy Pond: Is now "a classic example of exploitation But today Is 1980. We have the ability to Hugo Key dilemma now before the Zon of a once beautiful wetland," URI scien predict'lhc outcome of our actions. No ex ing Board of Review is a hot issue. tists have said. -. cuse exists, to prevent us from taking a Tonight, the seven-member panel must In fact, URl geologists attribute exten hard look at decisions with the potential, decide (he fate of developer Key's propos sive filling along the pond, coupled with to change our environment. ed 27-house subdivision on the eastern{ storm water, runoff, to the pond's poor And so we are faced with the prospect shore of Almy Pond - and ultimately, Uie water quality. If the subdivision is built; of 27 houses on the eastern.shore of Almy future of .development along the ie'-' state environmentalists warn, perhaps 'Pond. Stale environmentalists are not mainder of the pond and other sensitive .more damage will be done to the pond's taking the problem lightly. The Depart w e t l a n d s i n o u r a r e a . ■ . . , ' . •already shaky ecological stale. ment of Environmental Management has What is at slake here Is not whether Mr,To be sure, man has ravaged the earth warned, advised and suggested for mon Key should or should not be judged for since time began — burning, cutting, ths. A subdivision of that magnitude is a wanting to build houses on his properly, building, .altering and digging to house, risk, the DF.M says. Despite assurances or whether all development along our clothe and and feed teedhimself. himself.We.cannot We.cannotbeue from iromiwr.n.ey,msiaywei»aiiu«!iiBiuccia, Mr. Key, his laywers and engineers. sensitive shorelines should be curtailed. held accountable for this. Our ancestors • ho one can guarantee that the pond will Politics ond personalities aside,, the* could not have known that after hundreds not he adversely affected by the project.

Issue here is the pond, phich at this stage of years' of progress, the earth's vital The DEM has suggested that buildings is nearing an ecological death. University ' resources would someday be threatened. be placed at least ISO feet from the pond. of Rhode fsland biologists haver- In addition. New England settlers hove Mr. Key wanls 50. Through his lawyer, catalogued years of decreasing growth' altered Rhode Island's wetlands since the Mr. Key has balked at the DEM sugges and vegetation along the shoreline and In . 17th cenjurj, We've constantly changed tion. One hundred fifty feet would eat up ' bur seacoasts in response to our drainage the pond itself. "the best lot" in the subdivision, the DEM What was once a safe and plentiful tiltf 'demands' arid our needs for abutting was told. bor for nesting and migrating waterfowl lands., s Jfl Hogwash. Almy Phnd is one of two

"• '.•.•'i^t^Vi7,... ,- r "freshwater ftafthe*ln Newport. What is the price for .seeing that figure diminish, to one freshwater wetland — Lily Pond — and ond dead pond'-^ Almy Pond 7 The DEM admits Us hands are tied. If the project meets state regulations, per-; mlts will he Issued. The subjective ques tions will have to be Answered by the city.

The Planning Board overwhelmingly, by an 8-1 vote, told Mr; Key lo go back to the drawing board; the Planning Board did hot otarrulfc ^development on Mr. Key's property aJi6gither,Nor do we suggestthat..^!V.'^J!y.<^ ••/' What. tftfrfftR* deeds? however, is thoughtfut conside'fhtibd'of the pond, Its past and.'flitttFelMo be weighed equally with thefihahclal benefits to be reaped by Mr. Key and (tie aesthetic delights of future landowners there. 7Mr. Key'* attorney, William Corcoran, castigated the Planning Board shortly before Its Vote, laal month. "We have met lust about'every consideration you have - ; : ' • . • - . j M i t M 5 * * - ■•■• ' ' ' '

suggested short of not using i at all," Corcoran said.

We submit there are mor lions here than zoning requh legal, agency-related loophol• The health of Almy Pond i ignored. We Implore the Zonl Review to examine every que to every comment, digest < native.

Backstage Monday night v ty Council, to whom the '£011 answerable.

In the forefront will be a dj • "We had swans and turtl when we first went til Genevieve Mathlscn, who ii pond. "Now there's nothing I It's up lo John G retail Weaver, Herbert Rommel, mons, John Crowley Jr., i aud Donald O'Neill.

DEMtoalo^

wetland 'alteration±m 0 <1 %-i

•reiterated thafilh&J)El^ants5ie:I5f>< * footsetback. """ ' .

"Deterioration of Almy Pond may continue, even with a strict adherence to a .50-foot-buffer zone," Janaros . wrote.. •.'...-.-. .i-; ; t "In this instance, other land use con-, ". "'/-■ By BARBARA HOUTS \ *-< '"** tnrl mechanisms should .be exercised^' i Daily News Staff Writer 7 . to assure that the pond and accompa- / * PROVIDENCE — The state Depart-, Dying; wetlands are not further -^ ment of Environmental Managementr altered."

S'has.concluded,.that a proposed roadjOctober,, the DEM, recom- and drainage system for three lots bfa•"*"1...Last mending the 150-foot buffer,inurged the • --.four-acre plot on Almy Pond's eastern! to require the maximum amount" : shore would be ."an:.insignificant city of buffer area between the develop • alteration of a freshwater wetland."

Peter Jariaros, DEM's chief of the ment and the wetlands before allowing. to proceed with the project.

Division of Land Resources,. ruled . Key . Under state law, the DEM is limited ' Wednesday. on a permit to alter to reviewing individual, applications freshwater wetlands by Robert E; for road and drainage construction and Lynch, an engineer hired by Newport individual wetlands permts for each, developer Hugo Key: / proposed house. The DEM does, not Key-hopes to construct a, 27-lotsub- have the jurisdiction to review the sab? - divisio'n on the property. The Planning division as a whole.

Board denied the.project last month.

Janaros said Key can proceed with The plans, did not address the subdivi .road and drainage construction only if sion's environmental impact on Almy he: Pond, the board said. '..'■'• • Follows work plans specifically; . Key appealed the denial and the pro-' • Takes, adequate measures to pre- * ject is currently before the Zoning sediment from entering the Board of Review, which is expected to vent wetlands. issue a ruling Monday.

• Stakes hay bales at the outlet of a Although Janaros said the construc proposed culvert. tion work at the. site would not • Spreads loam and seeds slopes significantly alter the wetland, the within 50 feet of the marsh. carefully-worded letter did not rule out • Does not fill, regrade or build within - the possibility of unforeseen adverse 50 feet of the- marsh (this includes effects on the pond later.

Law permits the lots to be located 50 future filling by Key and subsequent property owners). thesenrestrictions into land...

V fe^om the edge of the wetland, but'.- -• Includes ^.unes mese

Developer fights suggestion lor buffer ot 150 feet

ghafferta ensure. tha*;thei>prad#.n^ ^DEM;semorplanrifiE7sr^ulat^:flM " *5geet wflTnotbe enoo&'&'^sgjJKB :-. that: 150" feet is an unreasonable re>' *: quest, tantamount to state cdnfiscathm^ . of Jiisvproperty. Any setback farther 1? than 50 feet would diminish six of thev ."•'■' subdivision's most desirable lots, Key; i has said.

In his letter'to Lynch, Janaros said the legalto jurisidiction ' over department's the pond is limited the 50-foot mark, a requirement of the permit.

"Unfortunately, the Fresh Water Wetlands Act can only go so far to pro tect valuable natural resources from destruction or deterioration," Janaros wrote.

"The 150-foot buffer recommenda tion is based on concerns over deterioration of Almy Pond," the letter said. Janaros said the 150 feet would help remedy those concerns, and he

Newport (R.I.) Daily News, Friday* December^; 1980. ;

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. . . (CoBtmaadtranPafsl) rot suggest Corcoran tried to influence - Corcoran strenuously-argued that to the Zoning Board. . dear the subdivision violates Key's Chairman Grieenen-also took issue coostsstional right to use his property. with the article and said be has never..

Corcoran cited the U J. Constitution been-approached by anyone trying to which prohibits confiscating private "influence my vote in any way." property for public use without just Greichen said statements in the article were uncalled for and be said hs compensation. .

Corcoran said a denial would be ar -"ignores that type of reporting." bitrary and would not apply the law Greichen said ha cast bis vote "in equally because the law only requires spite of personal desires," and because' a, 50-foot setback,'and the proposal Key's plans conform with subidivlaion meets all dry subdivision and zoning regulations.

Weaver said she believed the Plann 'requirements.

But Bendix disagreed tand said tbe ing Board acted legally. She also ob law is more complex than Corcoran jected that the Planning Board did not' outlined. "The taking' (of Key's land) bear information that Key. brought issue involves a balance between the- before tbe Zoning Board in bis appeal. public and private interests," be said.

Crowley said Newport must balance "It's not possible to say explicitly (that growth with dollars and be said that Key) will be compensated (if the plan Almy Pond "belongs to all of Newport, is denied)," Bendik said. not Just Mr. Key." Crowley supports a Before the Zoning Board voted, Cor 150-foot buffer. coran accused the Newport Dully Rommel also objected to "much new Newrcl acting as-a "fifth regulatory - testimony" not available to the Piano* agezter'.* concerned with Almy Pond. ing Board, fie said he found "no errors Corcoran took issue with an analyis of or injustice" in tbe Planning Board Almy Pond published more than a. decision. week ago that suggested soma Zoning Morgan argued that a 50-foot buffer Board, members might be Inclined, "is tbe law." Be also said the subdivi afaesd of time, to favor Key. sion would be a "big resource" for ••I think yon will attest to the fact Newport— a city he said faces impen that never nave I attempted to contact ding tax revaluation and double-digit any member, of the Zoning Board of. inflation.

Review," Corcoran said. "I've enjoyed "Somewhere we've* got to balance my many appearances before yoa* development with what we've got with because I know you call them as yoa. these ponds;" be said. "There is other see them, "he said. " .':'.--""''. property, around this city that has ta be.

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WPORT — Residents who live ■ the Almy Pond Conservation Area :sion the 19-acre site becoming a •n for bird watching, nature walks, iking and canoeing, ist don't call it a park, 'ark sounds like it's manicured and atained," said Cheryl Mrozowski, ident of Friends of Almy Pond, a ip of about 40 dedicated to preservhe waterfront area. "We don't have esources. We don't have the money i that kind of thing." litable activities for the conservaarea are currently under review by officials seeking to draft a managet plan for the property, the site of failed Hugo Key & Sons subdivi. The city acquired the property i the Aquidneck Island Land Trust March. The departments of Plan, Zoning and Development, and s, Recreation and Tourism jointly a workshop at City Hall Tuesday t to solicit public input for what Id be allowed on the land, conservation agreement adopted le city and the land trust last May s that the property's primary use be passive recreation. The agree-

and unsuitable for many recreational activities. Its real value is a vista In the pond, she said.

"You're not going to go picnicking.

It's not that kind of space."shesaid.

Spouting Rock Drive is shaped like a horseshoe, with both ends intersecting Coggeshall Avenue. Sidewalks line the road, and underground utilities were installed. Five houses stand on the out side of the southernmost end. including Mrozowski's. Friends of Almy Pond — Paige R. Bronk want to see the middle of the horseshoe director of inc cily s Deportment of Planning. removed so that the land can be re Zoning ancJ Development stored as a meadow, which would ere ate two dead-end roads. mem prohibits 11V- uspol moiorizwl ve Scott Wheeler, the city's tree and hicles including snowmobile:!, motor grounds supervisor, said there is a pro cycles ■•iiid off-road rwrailtuiuil vehi posal to create two to three parking cles, and prohibits the siorauf of any spaces and a kiosk with posted rult-s materials, boats, traitors. ncrentioual and a map or trail guide at the end of the northernmost road. vehicles or campers, Wheeler said that breaking up the Tlit-land trust purchased 15 undevel oped lots in the subdivision, which had horseshoe road would eliminate the been in bankruptcy for more than a fragmented space and turn the land in decade A house is now being built on to a more natural setting. "As long as one of the lots and another will lie sold, the roadway's there, it's always going look like a subdivision that was nev but the remaining 13 lots are being pre to David Hansen/Daily News photo served as open space. Mrozowski. who er built." he said.

Paige R. Bronk. the director of the Cheryl Mrozowski of Newport is optimistic the city lives in one of the few houses built on city's Department of Planning, Zoning will develop a management plan for the 18 acres Spouting Rock Drive, said that the land of land that has been designated open space abutting Almj rood is mostly marsh ALMY, Page A12 across from her Spouting Rock Drive home.

'We're really looking to create... a vision for this area. It's not too often that we can retrofit a subdivision... back into a semi-natural or natural environment.'

V. £f 2.=>Go

Part of the 18 acres of land acquired by the Aquidneck Is.and Land Trust and deeded to thTcitv ofXT port is shown In this photo taken from the roof deck of Spouting Rock Drive £££ C^^SSST

Almy

Continued from Page A1

and Development, said that another public meeting would be held before a proposed management plan is submitted to the City Council for approval. Bronk said he expects that a draft will be completed by February and that copies could be placed on the city's Web site, at City HaD and at the Newport Public Library for residents to review.

"We're really looking to create ... a vision for this area." Bronk said "It's not too often that we can retrofit a subdivision ... back into a semi-natural or natural envi ronment."

Residents at Tuesday's workshop said that thev want the conservation area to be a place the pubiic'finds, rather than one that attracts people They said that litter and Uiegal dumping have been problems along SDOuting Rock Drive, and that the road is too often used as a turn around. They also expressed concerns about the city's li ability if more people use the area.

Harriet DiCicco lives in The Coach House condomini ums, located on Coggeshall Avenue between the ends of the horseshoe. She said that public use of the land would lead people to appreciate its beamy and want to take care ofit.

"1 think if we don't open it up," DiCicco said, "then the road is going to be that much harder for all of us that are trying to protect it."

Kathleen O'ConneJJ. who is building the house under construction on Spouting Rock Drive, said that a study of area wildlife is needed so that important habitat are not disturbed.

"The month or June, the turtles do come up to lay theneggs, including some of them bigger than small chil dren, said Spouting Rock Drive resident Bob Meikle Wheeler said that the city must deal with water runoff and illegal fill from the subdivision work. An engineer ing pian and the money to implement it are other issues that will need to be addressed.

Wheeler said the conservation area would be a place where people could walk their dogs, and that it would be a good place for a "Mutt Mitt" dispenser But Newport has other high profile open space destinations that the general public would prefer to the Almy Pond area he said.

"This is really going to be used by the neighbors and probably a few avid people in the city." Wheeler said.

"We don't envision a large volume of people."

rvr. By: Aquidneck Island Land Trust; 401 851 8998;

Mar-23-00 12:38;

Local gems preserved for future 3ack in the late igfich. j0nl Michel sane a haunting nine about what wai then a major national problem. Construction crews unii their MlUdesMi mnud to be everywhere Trees, evpn whole forests, were tuppl*| to subdivisions could sprout. Meadowp were eiunlnaWl, streams covered.

A* Mitchell »an^ iii "Big Yellow Taxi:" -Don'; It always seem to go Uatyou don't know what you've bo*. till) its cone. They paved paradise' and put up a parking lot."

Years have past and many hive lorgortcn (or never heard) Mitchell's once-popular sont But fortunately, than: jo* some people who do ii-m to know what we're- got, and thev aon't want it to l» gone. They want to saw - no: paw - paradise.

Last waok narked a milestone uf sucoees fcr the Aquidneck Island 1-s.nd Tnu-„ an orcaniraiian of truly Dedicated people who understand lha: one* land is developed, 3r usual ly cannot be reclaimed. I: is far mler to psve paradise than to turn a parting lo; into a forest, a twaap or anucdow.

The land trust, working with 0thart lm&resud in preservation an nounced that major suecessea'lart week. Any one of them would have been welcome news. Taken together they are astounding.

First, the land trust announced tnat working with the city of Now' port it has inquired a conservation

• MMtnmmy »cw of vacant land

=r>

M

*5>

on SpoutingJiock DriTe adjacent to Almy Pond. D»v*j0j*rj had once Pl&nned to build in mU area, b— the vomer* taOed and ended up in bans;, ruptoy com. The city will take owiv «nhtp of the prope^y. gnd ^ „,„, wiJ now an easement preventing de velopment.

The prtSMRjr v.-Dl become a nature prBoari'e.

T>.«rvar« lew large paresis cj un developed Land tr. Newport; eeving this one wa« a significant acc-jmpllshmenL The community owes thanks to

the rYrnoe Charltaole Trust, the Friends of Almy Poad and that'land trait for making this aoauisiiionand easement poaalhla.

The socond announcement was that the land trust has obtained a conservation easement on the 60acre Peten Farm offBraraans Lane in Portsmouth. Geor** and Manuel Peters wui continue to run a dairy farm on the property, but have ecreed not to sell K to developers Conservation easements such as this are truly a succ*st story far the land iruet. The eajwmenu benefit both the property owner and the community, farmer* are under iuxms economic pressure to sell ths-ir land to developers, untl can do »o at preat profit. But many prete- t, continue Jarmins. s family tradition Conservation easements make that possible by paying the landovimr* some money - but not nearly as much as they could have obtained on the open market. The fermer keeps int land but rucramees that It will n-v«rbedeveJopei.

Protecting the farrc from develop ment was a joint project of the land trust and the state Department cfEovironmentnj • Managamer.t. \vc saline th«m and the Peter* family.

Finally, the iand trust announced 8 dosed on the «L5 million purcha* of the »-acrs Oakland Forest in Portamouih, an area that developers Tad planned to turr. Into cundorninluma.

The purchase wvot a forest of 3)4. growth American beech mm that botanir.s joy Is a' historic value i-and trust official* aa>- they will devetop e plan to protect the ecosystem and allow public access to this &arene wooded artt.

We are el! very fortunate that t-nare ar: pe^Je v-uo ^^ ^ »« vo got before Wt goae, bcfa« wmcut.e paves our Aquidneck Is land paradise to pur v.p nondnmini. tos-or.perhaw,a PA-lunglot.

Page 1/1

APPENDIX F AQUIDNECK ISLAND LAND TRUST CORRESPONDENCE

February 9, 1998 o Whom It May Concern:

Aquidneck Island Land Trust

3un. Mem^e S of Sd f^f ****** Avenue Md * status In bankruptcy »the property ££ Sv^ ™M f? ""^ ** NewP°« ™°ents, neighbors

Peter M Merrill Mtchcle S. Foster

'. *u« ftvsi&nf

Robert E Victor

spect tothis pZSSS't0 Und^and ^ <** POsitbn ** temative use preseStoSr?* " *° ^PP"*^ n>anner to make an ith a staff me^r of SLReSf "TeL J** C°mmittee ^ made ^al contact

-and

desist

°£££££^ZiT?^^^^»*

e land trust and open space aheSe us2 P°SSlWe P°Siti°n ^ reSpect t0

Denise L Roberts

Simian-

Anne Berman Marie Bcrnhard Tim Brown Patricia D. Chase Ann Gizzi

«t^ t0f J-1 °P a ^ WM* «■" - o l v, isiness Administradon ^d aSboS^f °™ewP°rt. Coastal Resources, the Small >uld likely result in the ndlbo^ ^ocatoa. A successful arrangement >» the SB A the City0f£, *^T^^ Badt t0 ac^e the "wt^ge

Stephen A. Haire Mason Havves Paul Martellino Linda B. Michaiek Michael S. Pinto Sheila ReiUy Gregory Schultz Tom Willeti

■r k t o g e t h e r ^ ^ 2 ^ ! ^ ? ' m ^ f b d u d i n g C R C M « * » S B A t o •cess by making SaUoZSS ??e t0 "" BfaaPB- We ^ beS* this

Ex Officio

Bruce Allen

dback from CoM^^^fm,We We r^ed p^tive

Manuel Demenezes. Jr.

»ming active and I SeE^lt ^ ***** ****• ^ ««ttorhood group is t with enough time ESn^;P ***?* " S0Urce °f ^ We » ««^ent

Warren Gray

Preserving Aquidnerk Island's natural diameter and open spares far the

^ g ^ p ^ e n y a n S e S S S e ^ benefit of our eoinnitiiiity

>erty, we reone£h*Z ™ , f^*? ^ topayers "^ "«bbois to the 45 Valley Road

:erely,

Middletovvn. RI 02842 401-849-2799 tel

-£-

401-849-2799 fax

Aquidneck IsUi: Land Trust April 3, 1998 RE:

Spouting Rock Drive Almy Pond Preservation Partnership

Dear Newport City Councilors,

Peter M. Merrill

President

Denise L Rober< Vice President

Robert E. Victor

On behalf of the Board of Directors of the Aquidneck Island Land

Treasurer

Sheila Reilly Secretary

Trust, thank you for allowing us to bring this important and urgent conservation opportunity to your attention.

Anne Berman Tim Brown Patricia D. Chas.Jan Eckhart

*

Ann Gizzi

As you may know, the Aquidneck Island Land Trust was formed in

Stephen A. Hair.-

1990 and is a 501 (c)(3) non-profit organization with almost 500

Sanne KureHo.-.J'.i. .

members. The beautifully landscaped, 4 acre Slocum Estate on Bellevue Avenue was our first protected property. Since that time we have focused our attention on the Sakomet Greenway which stretches from the Sachuest Wildlife Refuge and the Norman Bird Sanctua^ in MMdletown, northward to the Glen in Portsmouth. So far, AILT has

Mason Hawes Sam Howell Linda B. Michal.v.

Michael S. Pinto Keith Stokes Gregory Schuliz Tom Willett •

Ex Officio

B nice Allen Manuel Dement/..-:.. »• Warren Gray

protected 250 acres by using partnerships and conservation easement, We have come before you today to ask you to consider the City

Preserving Aqu'uhu: Islands natural »>.;•,

taking ownerehip of 7 acres once AILT has extinguished the deve,opment rights to at, the reinainjng house ^ .„ % ^^

and open spaces jii > : benefit of our r.w.v.'.-,-

subdivision known as Spouting Rock Drive. Tnis subdivision is now controlled by the Bankruptcy Court. The subdivision is immediate*

45 Valley Road Middletowa Ric/...

401-849-2799 id 401-849-2799 fa.\

adjacent to other City properties that border Almy Pond. The Aquidneck Island Land Trust believes, for numerous reasons, there should be no further development on the site. We are currently seeking a donor who wbuld provide us with the financial resources to obtain the property from the Bankruptcy Court. ALLT has no interest in owning the land. The Bankruptcy Court judge has given ALLT until April 15th to put a preservation proposal together.

This preservation partnership calls for swift and decisive action. Rarely does an opportunity come along to do something that will solve current #

problems as well as create a permanent positive impact, on our conimunity. Given the approaching deadline, we urgently need to agree to create a preservation partnership between AILT and the City of Newport to permanently preserve 24 contiguous acres bordering Almy Pond.

Almy Pond is one of those peaceful places on the Island where Mother nature really shows her stufl This pond is one of Newport's prime coastal features and this proposed partnership gives us an opportunity to leave it largely undeveloped. The preserved land will act as a natural buffer not only providing scenic views, but natural cover for songbirds and migratory ducks. Please refer to the attached map and aerial photo which highlight Spouting Rock Drive.

Critical Phases of the Preservation Proposal 1. ATLT to secure funding sufficient to acquire the land from Bankruptcy Court, thereby removing the immediate threat of further development.

2. City of Newport to pass a Resolution declaring it's preparedness to hold the fee to the land, to abate past property taxes associated with the property and to work with the Coastal Resources Management Council to resolve any CRMC violations primarily relating to storm water runon. â&#x20AC;˘ 3. ATLT and the City to request an extension from the Bankruptcy Court on April 15th, â&#x2013; if necessary, requesting additional time to tormahze the preservation partnership plan.

4. AILT to extinguish development rights to the Spouting Rock Drive project and the abutting City owned parcels, creating an Almy Pond Preservation Area in perpetuity.

The leadership this Council has shown on Open Space issues in Newport, demonstrate the vision that will be required to support this preservation project. We hope you will support this proposaL

Sincerely,

Robert E. Victor Chairman, Land Acquisition Committee

Sent By: AquidnecK Island Land Trust; 401 851 8998; Mar-18-00 10:57; Page 2/2

PORTSMOUTH - Oakland Forest: Who has not yet heard of Oakland Forest, a 20-acre stand of old-growth American beech trees threatened by development in the final phase of the Oakland Farms randomfaiunLS? Both historical and scientific interests were well served when the developers of this property entered into an agreement to sell a total of 36 acres of forest and meadow to the Land Trust, "By successfully negotiating a deal with the developers and raising the $1.5 million neededto purchase Oakland forest, we have permanently protected this beautiful old-growth habitat," said Eleanor Kinney, Interim Director of the Land Trust, and chief architect of the Oakland Forest acquisition. "The next step will be to create and implement a Land Management Plan that will both protect the fragile ecosystem and allow for public access," she continued.

"In just two days, the Land Trust has closed on three properties from one end of tbe island to another," described Denise Roberts, president of the Aquidneck Island Land Trust. "A pond in Newport, a working dairy farm, an old-growth forest - these projects illustrate the diversity of open space that the Land Trust is preserving. We have terrific momentum- However, these projects are expensive, and community support is vital if we're going keep up this pace of land conservation," The Land Trust is a non-profit organization dedicated to preserving Aquidneck Island's natural character and open spaces for the benefit of our community.

Additional Contacts: For the Peters Farm, Bob Sutton, at DEM 222-4700, ext 4300 For Almy Pond, Scott Wheeler, 872-1534 (pager) For Oakland Forest, Eleanor Kinney, 849-2799

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PRESS RELEASE

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Mar-18-00 10:57:

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For more information, contact: Eleanor Kinney, Interim Director Aquidneck Island Laud Trust

Aquidneck Island Land Trusi

401.849.2799

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of Trees and Parks, said "Additional public workshop mSStem-

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PORTSMOUTH - Peters Fffrm: The situation faced by this =;o-acre dairv fern owned by the Peters brother* is emblematic of SSfiL across the Island - reduced profit margins, increased^tTSdSS

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APPENDIX G PHOTOS

PHOTOS

VIEW LOOKING SOUTHEAST OF CHAIN LINK FENCE AND TENNIS COURTS >-■■:

VIEW OF ALMY FOND LOOKING SOUTHWEST

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VIEW OF SPOUTING ROCK DRIVE ALONG ALMY POND

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VIEW OF SPOUTING NORTH END OF SPOUTING ROCK DRIVE LOOKING EAST

VIEW OF CONSERVATION LAND LOOKING SOUTH

VIEW OF POTENTIAL WOODLAND TRAIL AREA IN THE NORTHWEST CORNER OF PROPERTY

VIEW OF WOODLANDS AREA IN THE NORTHWEST CORNER