Letter: Time to lawyer up as development tsunami approaches

Posted 8/31/23

Does Tiverton need a very experienced land use lawyer now? You bet we do! There are several developments on the horizon which will add 600 new residential units to the area just north of Route 24 on …

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Letter: Time to lawyer up as development tsunami approaches

Posted

Does Tiverton need a very experienced land use lawyer now? You bet we do! There are several developments on the horizon which will add 600 new residential units to the area just north of Route 24 on Souza, Main and Fish roads. Because of this looming tsunami of development, Tiverton needed an expert land use and zoning lawyer years ago.

Almost four years ago, Tiverton hired two lawyers from one firm, Louis Brisbois, to represent Tiverton: Michael Marcello for town solicitor and zoning board and Todd Romano as lawyer to the planning board. Neither Marcello nor Romano is an expert in land use and zoning.

Historically Tiverton has had two separate legal firms representing the town at the same time: A town Solicitor from one firm and expert in land use and zoning law for the planning board and zoning board from another.

Tiverton’s funds for legal services are allocated in two separate “buckets” — general and land use. This year additional money, for land use purposes, was approved and allocated in the 2023-24 fiscal year budget.

By hiring an expert land use/zoning lawyer from a different firm, Tiverton would simply be compensating two different law firms, with the already allocated funds, instead of the single law firm we are now employing.

Realizing the huge development issues confronting Tiverton and the dire need for an experienced land use solicitor, town councilor Jay Edwards, at the August 15 Tiverton Town Council meeting, made a motion for the council to advertise an RFP for land use lawyer. As the town councilors were discussing the issue, town administrator Chris Cotta interjected, saying that hiring a land use lawyer is premature. Wait, what? There is enough money in the pot to hire lawyers from two separate firms. So why, at this critical time, would Chris Cotta put the damper on hiring a land use expert?

Given the many zoning missteps Tiverton seems to have made in the recent past, it is hard to understand why Mr. Cotta is against having the best legal expert to represent the town in all matters of land use and zoning.

Barbara Martin

Tiverton

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