03/03/2006

MED zone plan is no more

By: MICHAEL HOLTZMAN , Staff Writer

 

WOONSOCKET - There will be no MED zone near Park Square.
That also means the proposed massive Dowling Village on Eddie Dowling Highway is reduced by a third in scale.

Succumbing to pressures from many sides, Mayor Susan D. Menard and Brian A. Bucci of Bucci Development Corp., Warwick, officially announced Thursday their termination of a deal to bring 250,000-square-feet of big box retail stores to the city via a Municipal Economic Development (MED) zone.

The concept was to have Woonsocket take advantage of controversial state legislation for a few "depressed" cities by reducing sales tax on goods in half to 3½ percent - all of it going to the needy city.

Over 10 years, Menard estimated a potential windfall of $30 million. That spurred agreement with Bucci 13 months ago, linked to initial approval in North Smithfield for the bulk of an envisioned 700,000 square feet of commercial space plus 76 condos in four phases.

With an "amicable" separation, Bucci signed an agreement Wednesday night and Menard late yesterday afternoon, bringing to a close what had been privately talked about since December. The mayor's press release cited "the number of legal, procedural and political obstacles that implementation of the MED zone/Dowling Village project now faced and the substantial delays that would result from these legal issues."

They jointly expressed "deep disappointment," while maintaining the city would provide water to the envisioned 138-acre project in adjacent North Smithfield.

Specifically, according to Menard's spokesman, Joel D. Mathews, city director of planning and development, city officials needed to overcome state planning officials, the General Assembly, the courts and a mushrooming citizens action group, all bent on making the MED zone history.

"There were just too many legal obstacles. Maybe at the end of the day, it was chewing up too much time and effectively affected our ability to do it," Mathews said.

Even if the city could scale the obstacles, it might take years to win out, he said.

Reaction to the announcement that officials had privately predicted the past few months was also predictable.

"I'm delighted Mayor Menard cancelled her agreement with Bucci," said Caroly Shumway, head of the Valley Alliance for Smart Growth, which claims 750 supporters and has battled Dowling Village at town meetings and through several lawsuits.

What it means, said Shumway as she e-mailed members last night, was they "stopped" a third of the project. "I'm pretty happy actually," she said, adding, "We still have battles on the North Smithfield side."

One they won't need to battle is a Bucci appeal on Tuesday before the North Smithfield Zoning Board of Review over the Planning Board in October denying 4-0 an amended master plan to link nearly 30 acres and 250,000 square feet of retail space in Woonsocket to the North Smithfield project.

That's no longer relevant, officials said.

But the Valley Alliance plans to fight Monday night whether the North Smithfield Town Council includes provisions to its comprehensive plan favorable to Dowling Village; later, on Thursday, they'll participate in a Bucci counter-lawsuit in Superior Court.

A hearing had been scheduled yesterday on Bucci Development's request that the court prevent the town from changing or revoking the project's approvals from planning and zoning officials, and was continued to next week to await council action on the comprehensive plan, said attorney Michael A. Kelly, representing Bucci.

The parties will wait to see if any Town Council amendments to the plan are made with respect to the recommended zoning for the Dowling Village property.

Shumway said her group is also awaiting the results of four bills being prepared for General Assembly consideration to amend the MED zone legislation before putting the Woonsocket issue to rest.

Among the proposed amendments includes one co-sponsored by Woonsocket Rep. Roger A. Picard proposing the 7 percent sales collected tax be reduced to 5 percent in MED zones, divided equally between the distressed city and the state.

Effectively, said Mathews, noting Woonsocket's proximity to the Massachusetts border and its 5 percent sales tax, "it probably takes the incentive out of the MED zone."

What's still on the table?

Mathews said Menard's previously announced effort to re-develop the Hamlet Avenue area mills through MED zone advantages remained plausible. The financial benefits, however, could never come close to what a major retail area near Park Square and anticipated tax breaks might have generated, he said.

To Bucci's attorney K. Joseph Shekarchi, the end of this deal is a two-sided coin: "I don't necessarily think we're disappointed at all with the results," Shekarchi said last night.

"There's a roughly 36 percent elimination with the Woonsocket portion... The traffic and infrastructure component is reduced by one third, and all the revenues go to North Smithfield," he said, calling the change to what had been the original project a "silver lining" for skeptical citizens and officials.

He said Kelly would likely withdraw the zoning board appeal.
With the MED zone out of the way, Bucci will seek the next stage of approval from the North Smithfield Planning Board on Phase I, probably next month, said Town Planner Michael A. Phillips, who received their revised plan last week.

The first phase calls for three buildings totaling only 23,000 square feet on 4½ acres behind the Roast House and the Rehabilitation Hospital of Rhode Island, with 124 parking spaces.

The plan calls for a 15,000 square-foot pharmacy, a 4,000 square-foot restaurant and another retail building of 3,200 to 4,000 square feet. Shekarchi declined to confirm any of the tenants, but representatives of Walgreens have been assessing the pharmacy property, according to town sources.

On the original master plan that the Planning Board approved in July 2004, Phase I consisted of seven buildings and 71,000 square feet, nearly three times as large.

Asked if Bucci was scaling back the project, Shekarchi said, "absolutely not.... It just means that's what we have the tenants for."

While Phase II and Phase III call for nearly 300,000 square each of retail and retail/office space, the only time table Shekarchi would give for when those portions could begin was after Phase I was completed.

According to North Smithfield Town Administrator Robert B. Lowe, the annual tax revenues from a completed Dowling Village would be in the range of $1.2-1.3 million. Lowe said he and Town Council Vice Chairwoman Melissa Flaherty met with Shekarchi and Brian Bucci on Saturday to discuss what the town might expect and review environmental concerns involving drainage runoff.

He said the Dowling Village officials told them to expect the Woonsocket separation agreement in the next week or so.

Mathews, meanwhile, maintained the project had been worthwhile for the city to pursue under a MED zone component. He emphasized it would have brought commercial businesses and jobs; enhanced local shopping; would have brought "big time" financial benefits in the short term; over the longer term, the real estate tax revenues would have helped maintain a stable tax rate.

"It was a very good project for the city in its entirety," he said, noting all local officials supported it.
Certainly, the Department of Administration's Statewide Planning Program (SPP) decision in September to indefinitely reverse the city's comprehensive plan amendment designating the Park Square MED zone was the initial nail in the coffin, he said.

With complaints from local and state officials, Valley Alliance business owners and others, the state questioned more closely the MED zone's alleged unfair competition and whether Park Square should have qualified as a depressed area. Mathews said those were difficult issues to fight both politically and legally, while indicating the arguments contained substance.