After a rather lengthy presentation and subsequent discussion, the City Council voted 3-2 to temporarily deny an attempt by a local developer to rezone and amend the status of a property located on Wampanoag Trail.

William C. Maaia, the city-based attorney spoke on behalf of his client, area developer Stephen Jagolinzer and owner/applicant of JAG Properties LLC, which was trying to have a parcel designated as "0 Wampanoag Trail" from an Industrial-1 (I-1) District to a Commercial-2 (C-2) District.

In addition, the applicant was requesting to exceed the 5,000 square foot gross floor area requirement in a C-2 zone. According to the City Charter, "the C-2 neighborhood business district is intended to permit small-scale retail, service and office uses designed to serve adjacent residential neighborhoods and structures shall be no larger than 5,000 square feet in gross floor area."

Also, as required per charter, which was noted by City Solicitor Michael Marcello, the applicant requested the location in the city's now long out of date 2010-2015 Comprehensive Plan under a section entitled “Southern East Providence Generalized Land Use” be updated to a "Mixed Use” designation.

The parcel up for debate is located between the Mobil gas station and the Gate of Heaven cemetery, heading west on the Trail towards the East Shore Expressway. It's directly adjacent to a suite of medical offices at 600-601 Wampanoag Trail.

In describing the situation, Maaia said of the site's 5.6 acres only about one, or more specifically 1.24, is able to be developed because of its proximity to the Runnins River. Maaia conceded his client wanted the property to be rezoned C-4, Commercial 4 highway business, but acquiesced to the C-2 designation suggested by the Planning Department.

Though noting nothing is ever "perfect," Maaia added the concessions made between the Planning Department and his client was a "win-win" for both.

Under the existing I-1 designation, the attorney said "There's nothing that you can develop in this area that would be acceptable to anyone." Under the C-2 designation, at least, Maaia said it was possible to do something viable while using less than 20 percent of the land with more than 80 percent remaining open space.

Several uses are actually similar, but some of the key differences in the C-2 to I-1 include mixed use — commercial/residential — restaurant, with entertainment, and small retail, including food, clothing and automotive supplies.

Maaia credited Jagolinzer for "dogged persistence" in finding a "narrow pathway" to have the parcel developed.

As an example, he cited the certificate of compliance JAG Properties gained from Rhode Island Department of Environment to install a septic system at the location.

Ward 4 Councilor Rick Lawson and Ward 3's Frank Fogarty, representatives of the district's closest to the site, as well as Ward 1's Frank Rego voted down the applications. Ward 2's Anna Sousa along with At-Large member and body president Bob Rodericks supported the proposals.

Rego and Lawson were the most vocal of the opponents. Each asked what exactly the developer wished to build at the site. Maaia was reluctant to get into specifics, saying it wasn't feasible at the moment to discuss exactly what could be constructed there. He would only say the designations would make the property more marketable.

Rego said one of the potential uses as medical offices could put an even greater strain on the city's emergency services. He balked at the possibility, especially with the administration of Mayor Bob DaSilva remaining reluctant to implement a full-time rescue run out of Station 3 in Rumford, which Rego represents.

Lawson said if the Council were approached to build "three-family dwellings," he would immediately oblige, but, like Rego, questioned the sincerity of both Maaia and Jagolinzer when declining to discuss exactly what were the intentions of the developer. He said it sounded like either developer was going build something his constituents would not support or needed the changes to "flip," resell the property for a greater return.

"I want to hear what they want to do. This is the cart before the horse because once we vote on this it's out of our control," said Lawson, referring to Council's inability to deliberate the matter further once it votes to change the zoning and master plan changes.

Rodericks, to no eventual avail, attempted to broker some sort of compromise. He analogized someone buying a lot to build a house. They aren't required to go into great detail about what type of residence they're going to construct as long as they meet the parameters of the location.