[Summit] Summit Digest, Vol 66, Issue 10

[Mary E Frappier]

What time is theMonday meeting at city hall on the fifth floor?
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Sent: Sunday, September 19, 2010 1:00 PM
Subject: Summit Digest, Vol 66, Issue 10


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> Today's Topics:
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>   1. Battle of Fourth St at Zoning Board Monday (Art Norwalk)
>
>
> ----------------------------------------------------------------------
>
> Message: 1
> Date: Sun, 19 Sep 2010 11:16:31 -0400
> From: Art Norwalk <art at norwalkcom.com>
> To: summit at sna.providence.ri.us
> Subject: [Summit] Battle of Fourth St at Zoning Board Monday
> Message-ID:
> <mailman.4.1284915639.20693.summit_sna.providence.ri.us at sna.providence.ri.us>
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> The Battle of Fourth Street, where neighbors have
> joined together to fight for their right to be
> heard on a zoning gimmick that could let a big
> developer ruin our street, goes before the Zoning
> Board tomorrow, Monday, Sept. 20.
>
> Here's what it's about and why you should care:
>
> ------
>
> If you?re comfortable assuming that you would be
> notified and have a chance to express your
> concerns if someone were planning significant
> changes in use of a property near your home, the
> present situation on Providence?s Fourth Street should make you 
> uncomfortable.
>
> This unusual case, with broad implications for
> the rights of citizens and property owners, will
> be heard at a special meeting of the city Zoning
> Board at noon on Monday, Sept. 20. (Probate Courtroom, 5th Floor, City 
> Hall)
>
> It starts with some questions:
>
> Why does the owner of a building on our street
> want the right to put a totally inappropriate,
> noisy, smelly and dangerous auto sales and repair
> shop right in the middle of one of Providence?s
> best mixed commercial and residential neighborhoods?
>
> Why is he torturing the law and the English
> language to keep open the possibility of
> reestablishing a use that was abandoned more than
> twenty years ago, when the law says you can?t do that?
>
> Why does he believe it?s OK for him to change
> from one nonconforming use of his building to
> another nonconforming use in a residential zone
> without getting a variance, when the law says you need one?
>
> Why is he holding hostage Caster?s Bike Shop: a
> business nearly ready to open on our street that
> the neighbors are on record as supporting?
>
> What will the Zoning Board decide on the appeal
> brought by 15 neighbors on Fourth St. (myself included)?
>
> Our claims are very simple:
>    * It?s illegal for the owner to put an auto
> sales or repair shop or car wash back into a
> residentially zoned building years after the
> nonconforming uses were abandoned.
>    * It?s illegal for the owner to change from
> one nonconforming use to another in an R-1 zone,
> without getting a variance from the Zoning Board.
> The owner, a unit of Paolino Properties, started
> the process the normal way in January by applying
> for a variance and special use permit for his
> commercial-style building in a residential zone.
> What did not seem normal to the residents who
> received notice of the application was the
> description of the business to be located there
> as ?bicycle shop/auto sales and service.?
>
> As we?ve been saying to everyone, including Mr.
> Paolino, since this issue first surfaced, the
> neighbors have no objection to a bike shop. We
> welcome it. In fact, at least two families on our
> block are delaying getting their bikes overhauled
> and buying needed accessories until they can do it at Caster?s on Fourth 
> St.
>
> What we object to is the clearly suggested
> possibility that the building could ever again be
> used as the kind of car repair shop that made our
> block noisy, smelly and dangerous many years ago.
> Families with small children have moved in since
> the auto shop left, homes have been spruced up and property values 
> improved.
>
> The owner says he has ?grandfathered? rights to
> take us back to the bad old days, but when it
> became apparent that we would dispute that before
> the Zoning Board he delayed the hearing twice and
> finally in March withdrew the application.
> Naively, we thought the problem had gone away.
>
> As it turned out, however, the owner had merely
> shifted to a different strategy ? one that
> required no notice to neighbors and no hearing
> before the board. He requested and received a
> Building Permit to change use of the building to
> a bike shop that will also sell motorized bikes,
> which he said would not really be a change in use
> because it would be just the same as an auto
> sales and service business. Wink, wink.
>
> The permit was then posted behind a grimy window
> more than six feet off the ground where no one
> could possibly read it. Wink, wink.
>
> It was only when we secured a copy of the permit
> application that we had any way of knowing the
> game was still on. At that point we researched
> our options and promptly filed an appeal. Though
> this has had the unfortunate effect of delaying
> completion of a bike shop that everyone wants, it
> was our only recourse to protect our quality of life and property values.
>
> We understand that owners want as much
> flexibility as they can get in using their
> property, but have no doubt that if a similar
> situation were to occur on the street where this
> property owner lives, he would do exactly what we
> have done. Instead, he has rebuffed numerous
> offers to discuss the issues and arrive at a
> solution that meets the needs of all sides.
>
> The Zoning Board should require that the owner
> follow the law and apply for a variance for the
> bike shop without any automotive uses whatsoever. That way, we would all 
> win:
>
> The landlord would have a good tenant. The
> neighborhood would have a reasonable
> low-intensity commercial use in its midst. The
> Providence Zoning Board would have the
> satisfaction of seeing the zoning laws applied
> with fairness. And the people of Providence would
> have renewed assurance that their voices will be
> heard on issues of importance to their quality of life.
>
>
> -- Art Norwalk
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> End of Summit Digest, Vol 66, Issue 10
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