East Providence proprietors welcome Supreme Court review
EAST PROVIDENCE — Though coming from a differing viewpoint, of course, Clyde Ames of Railside Environmental and Kenlin Properties expressed a similarly positive sentiment as neighborhood opposition groups in regard to the Rhode Island Supreme Court's decision to review the unresolved matter between the City of East Providence and the proprietors of One Dexter Road, the former site of the Pond View recycling plant.
On behalf of himself and property owner Ken Foley, Mr. Ames responded to an email inquiry from The Post about the Supreme Court's issuance of a writ of certiorari on a Superior Court ruling last summer, which overturned a City Zoning Board decision against Kenlin and the former TLA-Pond View plant.
"Kenlin Properties and Railside Environmental view the Supreme Court’s decision to review the (Superior Court Judge Sarah) Taft-Carter decision of August 2, 2013, as a positive step that will bring finality and closure by reaffirming 'the Decision of the Zoning Board, affirming the Zoning Officer’s Notice of Violation was clearly erroneous and made upon unlawful procedure.'," Mr. Ames noted. "Railside’s counsel is confident that the City of East Providence offers nothing new in its request for a review of the Taft-Carter decision and that the State Supreme Court will reaffirm the Taft-Carter decision."
Mr. Ames spared few in his disregard for what neighbors, the city and the state have done in attempting to shutter any effort at continuing to use the One Dexter Road site for reclamation.
"Railside views this entire process as a fight to protect our property and constitutional rights, which are clearly under assault by a handful of 'nimbys,' the City of East Providence and a couple of state legislators that have perpetuated the myth that we are the cause of alleged dust, odors, uncovered railcars, seagulls, debris and probably (Hurricane) Katrina," he said.
Mr. Ames continued, "There has been a sizable record amassed of inspections and reports by professional engineers, scientists…police, board of health and other public officials that have concluded that Railside is not the cause of these false complaints and questions the validity of the complaint. We would like to see the proof, not the accusations, that Railside is the cause of all of these allegations. Could all the court decisions, which have all been favorable to Kenlin/One Dexter Road and the multitude of inspections, be wrong?"
Mr. Ames claims the legislative and legal maneuvers undertaken by the city have costs dozens of jobs and millions of dollars in all types of revenue.
"East Providence issued an NOV (Notice of Violation) to TLA shortly after they received a 1,500 ton/day construction demolition debris processing permit from the RI DEM, essentially a denial of the Letter of Compliance, which was a new requirement pursuant to Chapter 23-18.9-8 and was the City of East Providence’s only means of shutting down an otherwise compliant TLA-Pond View," Mr. Ames said. "Unfortunately for TLA, the Taft-Carter decision that vindicated TLA and Kenlin came too late for TLA, given the fact that TLA was forced into bankruptcy after their permit was pulled by the RI DEM for non-compliance. The City’s 'unlawful procedure' resulted in the loss of 70 jobs, $7 million due to creditors that will never be recovered, and the loss of over $3 million in local vendor purchases.
"We’d like to know how the City of East Providence plans to compensate Kenlin for their losses."
Mr. Ames further stated Mr. Foley has long since stopped utilizing the One Dexter Road site, which he had been for a time under a new company called Pond View Metals.
"Under the advice of counsel, Mr. Foley has ceased operation of the limited metals reclamation business for the past eight months though it is a matter of right by virtue of a variance and zoning by-law," Mr. Ames concluded.