The Valley Breeze

9/22/2009

Consistent with will of the people, reject Dowling Village

Whatever the final outcome, the North Smithfield Planning Board should, in the interests of full disclosure and due diligence, take into consideration other factors and issues not mentioned in my July 30 letter not yet discussed or not yet reported or put in context before deciding to approve or disapprove Bucci Development's¬ ¬ proposed Preliminary¬ Plan for phases 2 and 3 of the Dowling Village 133-acre mega mall.¬ ¬ ¬

The website of the attorney for the developer's proposed mega mall, Michael A. Kelly, states on page two that Mr. Kelly served as "Chairman, State of Rhode Island Judicial Nominating Commission (1994-)," although apparently he no longer holds that position, according to the commission.¬ ¬

The two judges who gave adverse decisions to¬ town residents looking to shut down the mega mall project, Judge Stephen J. Fortunato and Judge Michael Silverstein, were appointed on Sept. 24, 1994, according to the commission.¬ ¬

Isn't Town Council President Lucien Benoit a developer?¬

And wasn't his personal attorney until recently the attorney for the developer of Dowling Village, Michael A. Kelly?¬

And wasn't Dr. Benoit appointed to the Planning Board by the Yazbak/Renaud/Dery Town Council?¬

And isn't it true Dr. Benoit lives at 28 Ridge Hill Road, adjacent to the Gold estate he tried to have the town purchase as open space which is all located at the opposite side of town from the proposed mega mall?¬ And was not Lucien Benoit the chairman of the Planning Board that approved the Dowling Village Master Plan?¬ ¬ ¬ ¬ ¬ ¬

Did not the people in the Town of North Smithfield create a consensus of their vision in the official Vision Study just three years earlier that said (1) the town did not want large¬ scale retail (52 percent "Discourage;" 29 percent "Encourage;" (2) it was very important to maintain the small town character of the town (69 percent); and (3) it was¬ vital to protect the water supply (88 percent)?¬

And yet, on July 1, 2004, just three months after The Valley Breeze announced the proposed project, Planning Board Chairman Lucien Benoit and the Planning Board never gave the consensus of the hopes and dreams of the taxpayers of this town a second thought by¬ voting to do just the opposite in approving¬ the developer's master plan for large scale retail?¬ Why the rush?¬

Why no customary due diligence?¬ Why a decision that was in conflict not just with the town's own vision, but with the commercial zoning of the property (before it was changed to large scale retail at the Oct. 4, 2004 Town Council meeting)?¬ ¬

Why were the people of this town in effect shut out in this whole process?¬ ¬ ¬ ¬ ¬

During the Planning Board hearings town residents did testify and there were numerous attempts to introduce timely due diligence expert testimony by town residents.¬

Why, Dr.¬ Lucien Benoit, did you proceed to do what certainly appeared to me and others obstruction and delay of the introduction of such evidence?¬ Why does it appear to me that you were all along taking the side of the developer and not the side of the property owners of this town?¬ Where was our legal representation?¬

Nothing personal, but it all appears to me to be so illogical and inconsistent with the Planning Board's stated duties in the Town Charter, the Zoning Ordinance, and the oath of office to uphold the laws of the land and defend the property rights of the people of this town that are part and parcel of our freedom.

And is it not true, as Mary McDonald pointed out in the Oct. 21, 2004 issue of The Valley Breeze, that attorney Kelly, the attorney for the developer, made numerous contributions to the¬ Renaud/Yazbak/Dery dominated Republican Town Committee: then gave a list of comprehensive plan changes he needed for Dowling Village to the Town Council including the "Bucci Amendment" to change the zoning from commercial to large scale retail?¬

Here we have a developer who proposes a mega mall right on our so-called protected watershed area and many very questionable circumstances surrounding this whole proposal continue to linger and disturb me and many others.¬ Who cares what the Dept. of Environmental Management says!¬

To approve¬ phases 2 and 3 of Dowling Village would be illogical, inconsistent, and reckless!¬ The commercial zone designation was there in 2004 for an obvious purpose; to protect the watershed and provide land for businesses more suitable for meaningful jobs than large scale retail; the kind of high-tech jobs that are already being planned at the state level in conjunction with our universities.¬

There is great scarcity of suitable commercial space like this. We all know what has happened to Warwick Mall and so many that have become¬ empty shells across the country.

I ask the Planning Board to show some conviction and nerve and stand up for what is right for this¬ town, to protect the Booth Pond watershed, prevent further traffic gridlock on our country roads, prevent further urban sprawl, and deny approval¬ of¬ phases 2 and 3 of the proposed¬ Dowling Village mega mall.

Ernest H. Alter

North Smithfield