Members present: Joe Pierik, BJ Owen, Mike Fenton

Others present: Ron Wolanski, Town Planner; Christopher McNally, Assistant Town Solicitor

1.    Discuss possible establishment of an airport overlay zoning district.

a.    Mr. Wolanski reviewed the current status of drafting the ordinance. Following the Planning Board public workshop in April the board referred the matter back to the subcommittee to address questions raised by members of the public and board members. There was also a desire to tour the airport or meet with RIAC officials to discuss their concerns. Attempts to schedule a meeting with RIAC have been unsuccessful. Mr. Wolanski also noted the recent adoption of state legislation that provides RIAC, through RIDOT, eminent domain authority to address incursions into airspace surfaces around airports.

b.    There was discussion of the legislation. Mr. McNally was asked to review the statute and provide a summary of its impacts and also to describe recourse for property owners that might be impacted by RIAC’s use of eminent domain authority.

c.     There was discussion of Mr. McNally’s response to questions regarding liability for Town inaction to adopt the ordinance. He stated that the Town is obligated under state law to adopt the ordinance. If not adopted, the Town would be in violation of law and potentially liable if a claim was brought against the Town in response to an incident resulting form the lack of compliance.

d.    There was discussion of concerns expressed by property owners during the public workshop. Mr. McNally confirmed that the Town is not required to pay compensation to property owners for impacts resulting from the proper adoption of a valid zoning ordinance.

e.    Mr. Pierik suggested removing private properties from the proposed runway protection zone to relieve those properties from the most restrictive provisions of the ordinance. Much of the RPZ area is contained on airport property. There was consensus that should be done for properties at the ends of runways 4 and 16. The draft overlay map will be revised accordingly.

f.      The committee discussed to proposed ordinance language and restrictions. There was consensus that no changes are necessary.

g.    Mr. Pierik will discuss the subcommittee’s recommendations during the next regular Planning Board meeting. An additional public workshop meeting might be necessary.

h.    Meeting was adjourned by consensus at approximately 2:50 pm.

Respectfully submitted,

Ron Wolanski

Town Planner