EAST PROVIDENCE — Residents and neighbors of the controversial recycling site on Dexter Road in city reacted positively to the issuance of a writ of certiorari earlier in the week by the Rhode Island Supreme Court in the case of East Providence v. the TLA-Pond View/Kenlin Properties, LLC.
The writ is basically a review or appeal of a decision handed down by Superior Court Justice Sarah Taft-Carter last summer, which overturned an East Providence Zoning Board notice of violation against the business.
“Obviously, we’re pretty happy that the Supreme Court will at least look into this ruling,” Chris Ryding, managing director of Gripnail Corp., a business neighbor of Pond View on Dexter Road.
Mr. Ryding, who has joined local opposition to the plant, added, “I’m not up to speed on the technical/legal reasons why Taft-Carter reversed the E.P. Zoning Board, but from a common sense standpoint, which I realize is not always how legal questions are decided, a positive ruling from our point of view for the E.P. Zoning decision allows the Zoning Board to enforce stipulations on the granted variance that all parties agreed to.
“All that has ever been asked of the owners of this ‘recycling’ business is to adhere to the original agreement: enclose the grinding operation and the storage of waste and byproducts in order to reduce/eliminate noise and dust; work within ‘normal’ business hours of 8-4 during the week and 8-12 on Saturday; limit processing to (at the time) 150 tons per day, etc., etc.
“I think now too much mistrust between parties will make any settlements extremely difficult.”
Any settlement at this point likely will not come to fruition if and until the Supreme Court renders some type of decision in the matter.
Neighbors, who have been at odds with the owner and operators of the recycling plant for the last several years, are just pleased the high court has taken up the case and that the city continued to fight their behalf.
“As co-president of the East Providence Coalition and member of CUBE (Citizens United for a Better Environment), I am really happy with the Supreme Court’s decision to hear the case,” said Ken Schneider, long a member of the Pond View neighborhood opposition group.
“Thanks to the city for fighting for us and making sure the Taft-Carter decision was appealed,” he continued. “Clearly the Supreme Court saw enough merit to the zoning officer’s argument to hear the case. We’ve waited a long time for this to be heard at the state’s highest level and we’ll finally get our day in court so this can be decided once and for all.
“This is a real move forward for the citizens that are living anywhere near this facility and the entire City of East Providence.”