March 29, 2024

Kent Heights Residents Demand Investigation. Tell council to Support Cumberland Farms:

City Council May Appeal Zoning Board Decision

Posted

By Bob Rodericks

(City Council May Appeal Zoning Board Decision)

The East Providence City Council meeting on November 17th, was brief but to the point as the main topic of the night continued to be the zoning boards controversial vote to deny expansion plans of Cumberland Farms. The zoning board previously voted on November 4th to deny the project. The board actually voted 3-2 in favor of the expansion plan with Chairman Gene Saveory, Pia Toledo and Mike Beauparlant voting to approve, while John Braga and Dick Croke voted against. Member Tony Cunha opted not to vote as his wife is an employee of Cumberland Farms. However according to state law a super majority (4-1) vote is needed to approve this kind of exemption variance.

The first public speaker before the council was Candy Seel, who has run for Ward 3 city council twice in the recent past. "I rise to support everyone on these petitions who support Cumberland Farms," said Seel. "I am sympathetic to the neighbor who doesn't like this plan but keeping this business in our city is vital to our economic growth and development. With the former diner (Wampanoag) across the street now an empty lot, it would be a further blow to the city to not approve this. Whatever power you have, I urge you to keep Cumberland Farms here," Seel implored the council.

Joe Botelho then addressed the council with many members of the KHNA following him to the podium. Several held hand made signs in support of Cumberland Farms. "Our mission is to improve the conditions within Kent Heights," said Botelho. We formed before this problem as we pushed to get a rusty water tower painted, curbing fixed and empty lots cleaned up.

The KHNA announced that petitions totaling more than 600 signatures have been gathered in support of the Cumberland Farms proposal. "There are political forces and their well-connected friends, who rather we put up with derelict lots, run down properties and vacant buildings," said spokesperson Joe Botelho. Botelho has organized the Kent Heights Neighborhood Association (KHNA) to deal with neighborhood issues. Botelho, a former Ward 3 councilman and current EP realtor said that the KHNA was "formed before this controversy. It fell to us and we won't let this get by now," Botelho said tonight. "During the course of the (prior zoning board) meeting, we learned how the Cumberland Farms proposal had been approved and vetted by every regulatory body within the city, including this very city council and how they also went well above and beyond any reasonable concerns as it relates to noise and traffic to obtain such approvals. We also learned that with respect to 18 different provisions of the zoning code, the company exceeded minimum standards addressing various city regulatory concerns," said Botelho. Botelho's statement to the council went on to question the motives of the dissenting zoning board members: "It was obvious from the outset that two particular members of the board had an issue with granting the necessary approvals to the Cumberland Farms proposal. One seemed to have difficulty understanding the difference between a digital and flashing sign, which may call into question the competence of such an appointee to make decisions regarding millions of dollars of private investment. The other seemed to dismiss any overwhelming neighborhood support for the project, and take little interest in the vast benefits, millions of dollars of private investment would confer." Botelho added that, "The perimeter of the Kent Heights Neighborhood has been plagued by derelict lots, rundown properties, substandard roads and sidewalks and deteriorating bridges," said Botelho on behalf of the KHNA. "Cumberland Farms wishes to invest millions of dollars in improving the southwest gateway of the neighborhood by replacing its current store with an expanded and improved operation, which currently serves many neighborhood residents. We believe that such a development would greatly improve the neighborhood and serve to further bootstrap, high quality developments in the immediate area," Botelho said.

Botelho opened the door for discussion on a possible conflict of interest concern. "Furthermore, several members of the local legal community who became familiar with this issue and have common knowledge of the cities political and business landscape approached us. They indicated to us, that a member, or members of the zoning board may have profound conflicts of interest regarding the matter and should have recused themselves from the proceedings. We of the Kent Heights Neighborhood Association are of the opinion that such an important proposal calling for millions of dollars of private investment, should not die on the vine due to incompetence or hidden vested interests, if in fact this is the case," he added. However several people have approached us and believe that some on the zoning board may have profound conflicts of interest," stated Botelho. "We would like to suggest that you investigate the zoning board’s decision as it relates to the questions of competency or conflict of interest at best, or we request an investigation by the Attorney General’s Office regarding the zoning board’s action, for any undisclosed issues that may reflect something more sinister in nature."

Council members didn't comment too much, indicating advice from city solicitor Tim Chapman. "We can't say too much because of possible legalities, we have to be very cautious," said Mayor Tom Rose, whose district encompasses the Cumberland Farms intersection. But it was obvious that Rose and his colleagues are not happy with the zoning boards decision. "There are huge projects in the city now, we are becoming very business friendly and we want to be with this issue," said Rose.

"Yes, this could have been a catalyst for something positive had the approval been granted," said council member at-large Tracy Capobianco.

"We're here to support you, the council, interjected Botelho. "We see the development in the city elsewhere. We give the council our support." "We want to change some of these zoning ordinances," said the Mayor. "They need to be more business and consumer friendly. We're working on it as some of these ordinances are archaic," said Rose. "This is a huge mistake on the zoning boards behalf," said Mayor Tom Rose after the November 4th vote. The Council in East Providence is trying on every level to move the city in the right direction. This decision was a huge set back and the zoning board should have moved to accept this," continued Rose.

During executive session before the meeting, the council voted unanimously on an item related to Cumberland Farms and litigation. While they can't discuss the matter yet, it would appear that they are moving to take action to assist the Cumberland Farms proposal.

The lone objector to this variance is Maria Claudino, who lives on busy Wampanoag Trail and will abut the expanded business property. The Claudino home is also across the street from a church and fire station. Cumberland Farms representatives pledged to erect a soundproofing fence and a row of trees between the Claudino property and store, but that didn't appease the family.

However rumors about conflicts of interest are swirling around the city. Some think that other forces are at play to deny the Cumberland Farms renovation. "Could it be that one zoning board member who manages a Dunkin Donuts in the city has a conflict here," one source said after the meeting. The source indicated that another person with family ties to the zoning board member is the owner of the vacant Wampanoag Diner lot. However persons close to John Braga, who manages the Taunton Ave. Dunkin Donuts said the "there is no truth whatsoever to any rumors relating to Mr. Braga and Dunkin Donuts, with this issue. Absolutely not, that has nothing to do with his vote. That doesn't make sense."

"The theory is if Cumberland Farms goes down they will sell the building and look for a larger lot. That would open up a possible sale for a DD," opined one person. Another source active in the city said that he was aware of a conversation in which zoning board member Richard Croke, who voted against Cumberland Farms because he "didn't like the bright sign Joe put up on Warren and Dover Avenue where Botelho has a reality office. He didn't like Joe because of that and he was voting against Cumberland Farms because of the neon signs." Richard Croke was on the zoning board years ago when Joe Botelho was a councilman. "Yes, I didn't re-appoint Mr. Croke to the board back then. I didn't approve of him," said Botelho. When asked if that may be a reason for Croke's vote now that he is back on the board, Botelho just shrugged and smiled.

"I don't know what happened," said zoning board Chairman Gene Saveory. "I thought it would pass. I don't understand it." Neither do a lot of residents, especially those in Kent Heights. It may be settled in the courts - unless Cumberland Farms packs up and moves elsewhere. "Many in the city don't want to see another business leave."

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