East Providence City Council calls special session to consider Pond View/Foley appeal

Posted 8/9/13

EAST PROVIDENCE — The East Providence City Council has called a special session for Tuesday evening, Aug. 13, to consider its response to a recent Superior Court ruling in favor of the TLA-Pond View and 1 Dexter Road property proprietors.

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East Providence City Council calls special session to consider Pond View/Foley appeal

Posted

EAST PROVIDENCE — The East Providence City Council has called a special session for Tuesday evening, Aug. 13, to consider its response to a recent Superior Court ruling in favor of the TLA-Pond View and 1 Dexter Road property proprietors.

The meeting, called by Council President and Mayor James Briden who represents Ward 1 where the controversial recycling plant sits, is scheduled to take begin at 6:30 p.m. in the City Hall Chamber.

Councilman Briden has requested the Council consider its next move in response to Judge Sarah Taft-Carter's recent ruling in favor of an appeal the former TLA-Pond View owners and land owner Kenneth Foley brought before Superior Court.

Judge Taft-Carter deemed the East Providence Zoning Board had erred in its decision to put added limitations on the original variance.

At Tuesday's meeting, the Council is expected to review its options in the case, which would likely be to appeal the appellate decision.

What the Council does next is crucial to the near and long-term future of the 1 Dexter Road property as well as that of the neighbors in the Rumford section of the city.

TLA-Pond View went into bankruptcy late last year. The receiver is holding what could be a very valuable chip in the matter, a license to operate the facility what is now more favorable terms in light of Judge Carter-Taft's ruling.

Mr. Foley, who still holds the deed on the land and who was given the contract to clean up the site by the Rhode Island Department of Environmental Management, has been running an interior metals reclamation business at 1 Dexter Road for the last several months.

There remains some confusion as to how much material any operator of the facility could take in on a given day. Some believe it to be limited to 150 tons, others have it at 1,500.

Regardless, a large and boisterous group of community activists who have fought with TLA-Pond View, Mr. Foley and city officials for the last several years are expected to be in attendance Tuesday to voice their support of a prospective Council appeal.

appeal, Kenneth Foley, TLA-Pond View

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