Judge OKs relocation of house mistakenly built in public park in Point Judith

Oct. 01--PROVIDENCE, R.I. -- A Superior Court judge on Tuesday cleared the way for a $1.8-million house that was mistakenly built on public park land in picturesque Point Judith to be moved to the right property.

Judge William E. Carnes Jr. struck down an appeal by the environmental advocacy group Save The Bay challenging Coastal Resources Management Council approval of a plan to move the three-story house 19 feet closer to a coastal wetland.

In ruling, Carnes said that Save The Bay lacked standing to appeal as it was not an injured party. Additionally, the judge found that unlike CRMC staff, the court "does not purport to hold any nuanced expertise in coastal management."

In keeping with state Supreme Court directive, the court must give deference to the CRMC with regard to its interpretation of its regulations, Carnes said.

"As such, this court finds that there was sufficiently legally competent evidence of the record to support a finding that [the developer's] proposal conforms" with CRMC goals "and would not result in significant adverse environmental impacts," Carnes wrote.

The decision would spare the 2,400-square-foot house, with its rooftop cabana with a Jacuzzi, wet bar and sweeping ocean views, from having to be razed.

"We were very pleased with Justice Carnes' decision," Lauren E. Jones, a lawyer for the home's owner, said.

The state Supreme Court in June upheld a 2012 ruling by Superior Court Judge Brian P. Stern ordering developer Robert C. Lamoureux to remove the oceanfront house within 180 days. Stern ruled that the house must be demolished or moved because it constituted a continuing trespass on the neighboring Rose Nulman Park.

Lamoureux purchased land on Ocean Road in 1984, engaging ERA Engineering to subdivide the lot into two parcels.

In 2009, he conveyed 3 acres at 1444 Ocean Rd. to a corporation he led, Four Twenty Corp. The next year, relying on a stamped survey by Carrigan Engineering, Four Twenty built the house with wraparound decks and 360-degree ocean views "on what the faulty plans and survey" identified as land belonging to Four Twenty, court records show. Carrigan Engineering did not have insurance at the time.

In 2011, Four Twenty entered into a purchase-and-sale agreement with a prospective buyer for $1.9 million. That buyer conducted a survey that showed the house resting squarely on park land and backed out of the deal.

Lamoureux immediately contacted Carol B. Nulman, a trustee for the park, about whether an accommodation could be reached.

The Rose Nulman Park Foundation filed suit months later accusing Four Twenty and Lamoureux of trespass. The foundation argued it was being prevented from exercising the full use and enjoyment of its property and asked the court to stop the continuing trespass. The foundation asked that the house be removed, and that the park be returned to its original condition.

Saul Nulman, a New York City businessman, purchased the property neighboring the Point Judith Lighthouse for $325,000 in 1993, with the goal of creating a park to honor his mother.

Before he died in 2006, Nulman took steps to make the park permanent. He transferred it to the foundation with a declaration of trust establishing it be maintained as a free, public park for recreation and contemplation. The declaration sets out that the trustees must preserve the park or face a $1.5-million penalty payable to New York Presbyterian Hospital.

As the Nulman lawsuit played out, Lamoureux approached the CRMC about moving the house. Variances were needed because the land contained a coastal wetland and barrier beach.

The staff biologist concluded that the hardship was not due to willful action by Lamoureux but was the result of an "honest mistake." The staff referred the application to the CRMC itself, recommending that approval be contingent upon the inclusion of the pedestrian easement and a restoration program to rid the wetland of an invasive weed.

In March, the CRMC approved plans to move the house that included installing an advanced technology septic system; constructing a steel bridge to avoid filling the wetland; a wetland restoration program; and pedestrian access to the shore.

It's that decision that Save The Bay appealed based on its impact on the sensitive coastal Money Pond and the bordering wetlands, according to Kendra Beaver, a Save The Bay staff lawyer.

Beaver said Tuesday that the organization would decide soon if it will seek high court review.

A lawyer for the CRMC, meanwhile, praised Carnes' ruling.

"The court decision shows that our staff really wrestled with it," said Brian A. Goldman. "It seemed like it was the fair thing to do.... The flavor was we need to be practical about this stuff."

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