Judge OKs relocation of house mistakenly built in public park in Point Judith
By Katie Mulvaney, The Providence Journal, R.I. | |
McClatchy-Tribune Information Services |
Judge
In ruling, Carnes said that Save
In keeping with state
"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
The state
Lamoureux purchased land on
In 2009, he conveyed 3 acres at
In 2011, Four Twenty entered into a purchase-and-sale agreement with a prospective buyer for
Lamoureux immediately contacted
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
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
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
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