As he prepares to build a new home near Sawdy Pond, a Portsmouth man has angered some of his neighbors who claim he is clearing land he does not own and is harming the environment, including wetlands. Tiverton officials who have inspected the worksite and surrounding area share residents’ concerns.

These issues came to light as about 20 individuals from the neighborhood attended a Tiverton Town Council public hearing last month to learn more about Vincent Vivona’s request that the town abandon Patrick Avenue and a portion of Harrington Avenue, two “paper roads” that cross over his land and which, he says, are a hindrance to his building plans.

Paper roads are unbuilt roadways shown on recorded subdivision maps. In July, the planning board recommended that the town council approve Vivona’s request, noting that the roads cross wetlands and are unsuitable for future development. The planning board also considered neighbors’ complaints and urged the town to inspect Vivona’s work and take enforcement action if appropriate.

Council reacts

At the recent meeting, four Tiverton town councilors said they had visited Vivona’s worksite and neighboring properties and were troubled by what they saw:

• Extensive disturbance of land, including possible wetlands

• Clearing of land that Vivona apparently does not own

• Potential for runoff and pollution of Sawdy Pond and North Watuppa Pond, which is a water source for the city of Fall River

• Possible harm to endangered species, including spotted salamanders and painted turtles that inhabit the area 

• Storage of containers for hydraulic oil, some of which seemed to have leaked onto the soil

• The possibility that certain vacant lots in the neighborhood could be “landlocked” if the request is granted.

Additionally, Tiverton Town Solicitor Mike Marcello said ownership of the two roads needs further research, as there is no evidence they were ever formally accepted or used by the town. Council President Denise deMedeiros added that the roads might belong to all of the landowners in the area, based on wording in their property deeds.   

While questioning Vivona, deMedeiros described the extensive land clearing she observed during a two-hour tour of the area.

“There were huge trees taken out, so now we’ve got these big holes. This is not your land. You were not allowed to even touch that, and there is a question right now about whether or not…you’ve disturbed the wetlands.”

Councilor Deb Janick said she too was troubled by her two visits to the area and conversations with residents. Describing the neighborhood as close-knit, she said many who live there are second and third-generation residents who are fiercely protective of the land where their parents and grandparents lived and where they grew up. 

Neighbors speak out

Opponents of Vivona’s request include Kristin and Mark Tardie of Sawdy Pond Avenue, whose property borders his land. The couple, who spoke at both the planning board and town council meetings, say they are deeply concerned about the negative impact caused by Vivona to the overall environment, particularly to the wetlands and the endangered species in the area.

They worry the land disturbance might adversely affect their well, which dates back to 1964. And because Vivona has indicated he plans to build close to their property line, they believe the seclusion and privacy they now enjoy will soon be gone. They also wonder why Vivona has apparently not been issued any building permits, despite the extensive work now underway.

Vivona’s response

When deMedeiros grilled him on his rationale for clearing what she believes may be town-owned property, Vivona acknowledged the clearing was “absolutely” his fault and that it occurred as the result of his misinterpretation of building inspectors’ comments.

Janick referenced her conversations with residents who told her of their desire to “protect where they live, where their parents have lived, where they have grown up.”

Vivona, who was facing the councilors, at that point turned to the audience, saying “I fully understand and concur…I apologize.”

His attorney, Michael Monti, also took a conciliatory tone. “Ultimately if mistakes have been made by Mr. Vivona in the past month with clearing, I’m certain those will stop now. But we do want to ultimately build this in the appropriate fashion.”

Vivona also acknowledged clearing some of Harrington Avenue but said he had not touched any of Patrick Avenue. Both roads are presumably town-owned. A member of the audience and deMedeiros disputed his claim, saying Patrick Avenue was extensively cleared. Neighbors said after the meeting they believe he is confusing the two roads.

Next steps

The councilors voted to continue a public hearing on the topic to Sept. 28. They said prior to that date, DEM will inspect the area, questions relating to legal ownership of the two paper roads will be researched further, and concerns as to whether the project will result in landlocked parcels of land need to be addressed. Town Solicitor Marcello also recommended that Vivona and his attorney meet with neighbors before the next hearing to help them better understand his specific building plans.