[Summit] Summit Digest, Vol 66, Issue 10

Sun Sep 19 18:16:07 UTC 2010

12 noon and will likely run several hours.

At 02:03 PM 9/19/2010, you wrote:

>What time is theMonday meeting at city hall on the fifth floor?
>----- Original Message ----- From: <summit-request at sna.providence.ri.us>
>To: <summit at sna.providence.ri.us>
>Sent: Sunday, September 19, 2010 1:00 PM
>Subject: Summit Digest, Vol 66, Issue 10
>
>
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>>Today's Topics:
>>
>>   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>
>>
>>Content-Type: text/plain; charset="iso-8859-1"; Format="flowed"
>>
>>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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-- Art Norwalk
Norwalk Communications, Inc.
Advertising - Marketing - Public Relations
Tel 401.421.4310

"How You Say It DOES Make A Difference"  
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