Horton's Seafood closes over dispute with City of East Providence

Posted 9/3/14

EAST PROVIDENCE — Horton's Seafood may or may not be closing its doors for good due to an ongoing dispute between its proprietors and the City of East Providence's law department.

Tuesday evening, Sept. 2, at the first scheduled City …

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Horton's Seafood closes over dispute with City of East Providence

Posted

EAST PROVIDENCE — Horton's Seafood may or may not be closing its doors for good due to an ongoing dispute between its proprietors and the City of East Providence's law department.

Tuesday evening, Sept. 2, at the first scheduled City Council meeting of the month, Brian Coogan, the former Councilman and State Representative who is married to Horton offspring Heather, voiced his displeasure over alleged building and zoning violations made against the business, which is located at 809 Broadway.

Saying the dispute sprang from problems his surveyor found when Horton's attempted to purchase the nearby Bovi's Tavern property, Mr. Coogan questioned the validity of the city's pursuit of the matter.

"If we didn't bring it to light, no one would have known about it," Mr. Coogan said.

The building and zoning violations also stem from the addition of a side dining area at Horton's closer to the Taunton Avenue end of the structure, an improvement Mr. Coogan said was done with proper approvals from local authorities 16 years ago.

He said the city now claims the zoning authorization doesn't exist and that the business was told to reapply for the proper permissions.

"We're not going to do it again. We've done it already," Mr. Coogan added, saying 14 employees will lose their jobs if Horton's shuts down for good. He also said he will post the names and contact numbers of each of the current Council members in the window of the building so they will answer the questions about why the restaurant is closed.

In addition, Mr. Coogan maintained that previous City Solicitor Orlando Andreoni did not pursue or enforce any violations, claiming only since the new law department led by Solicitor Tim Chapman and Assistant Solicitor Greg Dias was seated in early 2013 has the matter been taken up once again.

Mr. Chapman refuted that claim, noting Mr. Andreoni during his final days as Solicitor instructed his then aides, including current Assistant Solicitor Bob Craven, to prosecute the matter of building and zoning violations against Horton's in December of 2012.

"Many of the facts have not been portrayed correctly," Mr. Chapman said, responding to Mr. Coogan. "The city has gone out of its way to try to assist (Horton's)."

Mr. Chapman said Horton's and its ownership company, 809 Associates, only submitted a map with the encroachment or "addition" in 2012. He added the case is currently in municipal court and is expected to come to trial some time in October of this year.

After a brief, five-minute recess requested by Council President and Mayor Jim Briden, City Manager Paul Lemont returned with an offer to meet with Mr. Coogan, his father-in-law David Horton, and their legal counsel, former Speaker of the Rhode Island House of Representatives John Harwood, to discuss the matter in hopes of avoiding a larger, lengthier legal battle.

Mr. Coogan agreed, adding he did not attend the meeting to "berate" the Council, but to "express my frustration with city."

Mr. Lemont interjected, saying "there are two sides to every story," before Mr. Coogan left the podium and reiterated his stance Horton's would remain closed until the matter is resolved.

East Providence Zoning Board, Horton's Seafood

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