[Summit] Battle of Fourth Street

[Gayle Gifford]

Art,
I greatly appreciate your tenacity and diligence on this. 
This seems to be a frequent practice of the Paolino business. Perhaps an 
alert to Jim Hummel for his column in Motif?
Gayle

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Today's Topics:

   1. Battle of Fourth St at Zoning Board Monday (Art Norwalk)

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Message: 1
Date: Sun, 19 Sep 2010 11:16:31 -0400
From: Art Norwalk 
To: summit at sna.providence.ri.us
Subject: [Summit] Battle of Fourth St at Zoning Board Monday
Message-ID:

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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