Middletown First *Newport Daily News* Newport Rezone

Newport Daily News 3/30/06

Eastbourne Lodge rezoning approved

By Sean Flynn/Daily News staff

ÊNEWPORT - The principals of a Boston development firm say they will sue the city of Newport and members of the City Council after the council voted, 6-0, Wednesday night to rezone their property.

"It's a violation of our civil rights and property rights," said David Pogorelc, president of Core Investments Inc. of Boston, which is proposing to build 12 duplexes on the property now known as Eastbourne Lodge.

"It blows my mind," Pogorelc said after the vote. "It's a classic case of 'We have ours, but you can't have yours.'"

"I believe this will be an illegal piece of legislation, as clear as I've ever seen," said attorney Jeffrey Gladstone of Providence, who is representing Core.

The more than 100 people who filled City Council chambers in support of the zoning change disagreed. The half-dozen speakers from the audience who spoke in favor of the rezoning ordinance saw it as a way to stop the planned development and protect their neighborhood. They received loud applause when they spoke.

"This zoning change would stabilize the character of the neighborhood," said attorney Gregory F. Fater, who was hired by a group of neighbors. He said the neighborhood, located in a historic district, should be preserved.

Malcolm "Mac" Wheeler of 59 Rhode Island Ave. and Patricia Poirrier of 82 Kay St. presented the council with a petition signed by 236 residents in favor of the zoning change.

When Fater asked everyone in the audience in favor of the ordinance change to stand up, almost everyone in the chamber stood.

Core submitted a major subdivision plan in February for the 165,985-square-foot property, almost four acres, which encompasses a full city block and is bordered by Kay Street to the north, Rhode Island Avenue to the west, Prairie Avenue to the east and Champlin Street to the south.

The property is now in an R-10 zone, meaning lots must have a minimum of 10,000 square feet. Core's subdivision plan creates 12 new lots, ranging in size from 10,077 square feet to 12,269 square feet. The former mansion on the property, which now holds 14 apartments, would be converted into a two-family residence on a 13th lot with 34,406 square feet.

The ordinance passed by the council on first reading would put Eastbourne and five other properties in the area within an R-20 zone, meaning lots of at least 20,000 square feet would be required. That would reduce the number of developable lots by half, and not allow duplexes.

The council is expected take up the ordinance for a final vote and enactment April 11.

The Planning Board will consider Core's subdivision plan April 17, to determine whether the plan meets all permitted use and dimensional requirements of current zoning law, and whether it is consistent with the city's comprehensive land-use plan.

Fater said the board may approve the number of lots under R-10 zoning, but the developer may have to go to the Zoning Board of Appeal on the use of those lots if the R-20 zoning change is approved. He believes the construction of duplexes would then need a zoning variance.

Attorney Jeffrey Gladstone represented Rhode Island Core Investments LLC, the subsidiary of Core Investments that would be the developer of the property.

Gladstone said the zoning change is meant to impact this one property, since the other five properties included in the change are all small and already built out.

Gladstone noted that the City Council just 18 months ago approved an updated version of the city's comprehensive land-use plan, which included R-10 zoning for this area of Newport. He said under state law it is illegal for the council to impose zoning that is inconsistent with the comprehensive plan and with the existing neighborhood.

Edward Pimental, a professional planner hired to represent the developer, told the council that he reviewed the 191 properties that are within one block of the Eastbourne property in all directions. He said the average lot size in the area is 7,830 square feet, which is more in line with the R-10 zoning that requires 10,000-square-foot lots. In that area, he said there is an average of 5,539 square feet per dwelling unit, since there are multi-family units on some lots.

On the six properties to be rezoned, Pimental said the average lot size is 9,809 square feet and that the average dwelling unit has 3,200 square feet.

Pimental said the zoning change not only violates state law and the city's comprehensive land-use plan, but also violates current land use by imposing a requirement that lots have 20,000 square feet.

"It's very difficult because this is a politically charged environment," Gladstone said. "It is very difficult to make decisions based on fact, because of the number of people here."

Neighbors want to protect the open space and trees of the property, and maintain its historic character with the former mansion in the middle. From 1933 until 1970, E. Sheldon Whitehouse and his wife, Mary M. Martin Whitehouse, owned the property. They are grandparents of Sheldon Whitehouse, who is seeking to challenge U.S. Sen. Lincoln Chafee, R-R.I., in the fall.

"What is at stake here, is our God given right of self-government," said B. Mitchell Simpson, who served on the City Council from 1988 until 1995 and lives about 200 feet from the Eastbourne property.

"You have the authority to pass ordinances," Simpson told the council members. "The people are behind this."

He called the fact the property is now in an R-10 zone, "a glitch in the zoning ordinance."

Vin Marcello said he handled the sale of the property by The Irish Partnership of Cranston, of which Thomas Aquinas Malloy is a general partner, to Core. He said the closing took place last Friday and was recorded Tuesday.

He noted that the City Council recently rezoned the former Lenthal School to make it more marketable for developers.

"If you set this precedent tonight," he told the council, "it is a signal to developers of private and city property that they cannot rely on current zoning."

Councilman Steven C. Waluk, the sponsor of the ordinance change, noted that the city's Planning Board supported the proposed zoning change by a margin of 7-1.

Waluk said the council has been threatened with litigation before and faces litigation because it acted to protect the rights of the public at the Washington Street extension, Brown & Howard Wharf and Marine Avenue.

"I ask the council to support the residents of Newport," he said.

Councilwoman Jeanne-Marie Napolitano was not present at the hearing.


	Newport Daily News 3/30/06 Eastbourne Lodge rezoning approved By Sean Flynn/Daily News staff ÊNEWPORT - The principals of a Boston development firm say they will sue the city of Newport and members of the City Council after the council voted, 6-0, Wednesday night to rezone their property. "It's a violation of our civil rights and property rights," said David Pogorelc, president of Core Investments Inc. of Boston, which is proposing to build 12 duplexes on the property now known as Eastbourne Lodge. "It blows my mind," Pogorelc said after the vote. "It's a classic case of 'We have ours, but you can't have yours.'" "I believe this will be an illegal piece of legislation, as clear as I've ever seen," said attorney Jeffrey Gladstone of Providence, who is representing Core. The more than 100 people who filled City Council chambers in support of the zoning change disagreed. The half-dozen speakers from the audience who spoke in favor of the rezoning ordinance saw it as a way to stop the planned development and protect their neighborhood. They received loud applause when they spoke. "This zoning change would stabilize the character of the neighborhood," said attorney Gregory F. Fater, who was hired by a group of neighbors. He said the neighborhood, located in a historic district, should be preserved. Malcolm "Mac" Wheeler of 59 Rhode Island Ave. and Patricia Poirrier of 82 Kay St. presented the council with a petition signed by 236 residents in favor of the zoning change. When Fater asked everyone in the audience in favor of the ordinance change to stand up, almost everyone in the chamber stood. Core submitted a major subdivision plan in February for the 165,985-square-foot property, almost four acres, which encompasses a full city block and is bordered by Kay Street to the north, Rhode Island Avenue to the west, Prairie Avenue to the east and Champlin Street to the south. The property is now in an R-10 zone, meaning lots must have a minimum of 10,000 square feet. Core's subdivision plan creates 12 new lots, ranging in size from 10,077 square feet to 12,269 square feet. The former mansion on the property, which now holds 14 apartments, would be converted into a two-family residence on a 13th lot with 34,406 square feet. The ordinance passed by the council on first reading would put Eastbourne and five other properties in the area within an R-20 zone, meaning lots of at least 20,000 square feet would be required. That would reduce the number of developable lots by half, and not allow duplexes. The council is expected take up the ordinance for a final vote and enactment April 11. The Planning Board will consider Core's subdivision plan April 17, to determine whether the plan meets all permitted use and dimensional requirements of current zoning law, and whether it is consistent with the city's comprehensive land-use plan. Fater said the board may approve the number of lots under R-10 zoning, but the developer may have to go to the Zoning Board of Appeal on the use of those lots if the R-20 zoning change is approved. He believes the construction of duplexes would then need a zoning variance. Attorney Jeffrey Gladstone represented Rhode Island Core Investments LLC, the subsidiary of Core Investments that would be the developer of the property. Gladstone said the zoning change is meant to impact this one property, since the other five properties included in the change are all small and already built out. Gladstone noted that the City Council just 18 months ago approved an updated version of the city's comprehensive land-use plan, which included R-10 zoning for this area of Newport. He said under state law it is illegal for the council to impose zoning that is inconsistent with the comprehensive plan and with the existing neighborhood. Edward Pimental, a professional planner hired to represent the developer, told the council that he reviewed the 191 properties that are within one block of the Eastbourne property in all directions. He said the average lot size in the area is 7,830 square feet, which is more in line with the R-10 zoning that requires 10,000-square-foot lots. In that area, he said there is an average of 5,539 square feet per dwelling unit, since there are multi-family units on some lots. On the six properties to be rezoned, Pimental said the average lot size is 9,809 square feet and that the average dwelling unit has 3,200 square feet. Pimental said the zoning change not only violates state law and the city's comprehensive land-use plan, but also violates current land use by imposing a requirement that lots have 20,000 square feet. "It's very difficult because this is a politically charged environment," Gladstone said. "It is very difficult to make decisions based on fact, because of the number of people here." Neighbors want to protect the open space and trees of the property, and maintain its historic character with the former mansion in the middle. From 1933 until 1970, E. Sheldon Whitehouse and his wife, Mary M. Martin Whitehouse, owned the property. They are grandparents of Sheldon Whitehouse, who is seeking to challenge U.S. Sen. Lincoln Chafee, R-R.I., in the fall. "What is at stake here, is our God given right of self-government," said B. Mitchell Simpson, who served on the City Council from 1988 until 1995 and lives about 200 feet from the Eastbourne property. "You have the authority to pass ordinances," Simpson told the council members. "The people are behind this." He called the fact the property is now in an R-10 zone, "a glitch in the zoning ordinance." Vin Marcello said he handled the sale of the property by The Irish Partnership of Cranston, of which Thomas Aquinas Malloy is a general partner, to Core. He said the closing took place last Friday and was recorded Tuesday. He noted that the City Council recently rezoned the former Lenthal School to make it more marketable for developers. "If you set this precedent tonight," he told the council, "it is a signal to developers of private and city property that they cannot rely on current zoning." Councilman Steven C. Waluk, the sponsor of the ordinance change, noted that the city's Planning Board supported the proposed zoning change by a margin of 7-1. Waluk said the council has been threatened with litigation before and faces litigation because it acted to protect the rights of the public at the Washington Street extension, Brown & Howard Wharf and Marine Avenue. "I ask the council to support the residents of Newport," he said. Councilwoman Jeanne-Marie Napolitano was not present at the hearing.