Zoning board member accused of 'abusive behavior' at meeting

Process was 'tainted,’ one resident says

By Jim McGaw
Posted 9/13/18

PORTSMOUTH — Several abutters to Borden Farm on East Main Road have accused a Zoning Board of Review member of inappropriate behavior during a Sept. 6 meeting.

This item is available in full to subscribers.

Please log in to continue

Log in

Register to post events


If you'd like to post an event to our calendar, you can create a free account by clicking here.

Note that free accounts do not have access to our subscriber-only content.

Day pass subscribers

Are you a day pass subscriber who needs to log in? Click here to continue.


Zoning board member accused of 'abusive behavior' at meeting

Process was 'tainted,’ one resident says

Posted

PORTSMOUTH — Several abutters to Borden Farm on East Main Road have accused a Zoning Board of Review member of inappropriate behavior during a Sept. 6 meeting.

The charges were made during Monday’s Town Council hearing on a petition by owners John and Susan Borden to rezone a portion of their property at 2951 and 2967 East Main Road from commercial C-1 to residential R-20. After some comments from residents both for and against the proposal, the council voted unanimously to approve the request.

Last week, the zoning board granted the Bordens a dimensional variance for their property. Some abutters told the council Monday that the Sept. 6 meeting dissolved into chaos due to eight-year board member James Hall’s conduct.

Abutter John O’Brien, of 51 Canonchet Drive, said due to Mr. Hall’s “abusive behavior,” many neighbors never took to the podium to air their concerns.

“The neighbors were intimidated out of their rights to testify,” Mr. O’Brien said.

At one point, Mr. O’Brien said, Mr. Hall left the chamber “in a huff.” He returned to “apologize to the petitioners, but not the abutters,” according to Mr. O’Brien. 

“I would suggest the zoning process was tainted,” he said.

Another abutter, Susan Lewis of 28 Canonchet Drive, did not mention Mr. Hall by name but told the council that one zoning board member “verbally barraged us with insults.”

“We went to the zoning board with good intentions. You didn’t see what happened there. We were basically given the middle finger,” Ms. Lewis said, adding her concerns were “pooh-poohed” and that she felt “very dismissed.”

Mr. Borden is a member of the zoning board — he and Mr. Hall were appointed to the panel on the same night in September 2010 — but recused himself from deliberations and the vote on Sept. 6. He began his remarks Monday by apologizing for the “somewhat disruptive” zoning board meeting, which he said was atypical.

Council President Keith Hamilton also expressed regrets to the abutters. “I do apologize on behalf of the council,” he said, later adding that the matter “would be dealt with.”

Zoning board members are appointed by the Town Council, which has the authority to remove a member “for due cause,” Town Solicitor Kevin Gavin said. 

In a phone interview Tuesday, Mr. Hamilton said “the feeling on the council is that (Mr. Hall) should step down.”

According to Mr. Hamilton, Mr. Hall had indicated to Michael Asciola, assistant town planner, that he intended to resign from the board.

“But we haven’t seen anything (official) yet,” Mr. Hamilton said.

At Monday’s meeting, Mr. O’Brien said the council should not accept Mr. Hall’s resignation and instead remove him from the board to set an example.

Attempts to reach Mr. Hall for comment before deadline were unsuccessful. Phone numbers listed online for his home and for his business, Aquidneck Construction, were both out of service Tuesday. 

Some zoning board meetings are recorded by Portsmouth Concerned Citizens (PCC) and posted online at www.therecordri.com. However, there's no video of the Sept. 6 meeting, according to PCC President Larry Fitzmorris. (A previous version of this story incorrectly reported that a video was made of the Sept. 6 meeeting but hadn't yet been posted.)

Abutters question re-zoning

Borden Farm, located just south of Portsmouth Plaza on East Main Road, was once a 44-acre working farm and is one of the few properties in Portsmouth listed on the National Register of Historic Places. Two parcels front on East Main Road and abut the residential zone in the rear, east end of the property. A three-family residential building located in the rear of the property is a grandfathered, non-conforming use in a commercial zone under the town’s zoning ordinance.

The Bordens requested to re-zone about 2.4 acres of property in the rear from commercial to residential, keeping the remaining 3.9 acres commercially zoned.

Mr. Borden said he wants to combine the rear portion of both lots into a residential parcel, then sell the property to help the family maintain the rest of the farm. He said the upkeep on the property, including the striking 1865 Victorian in front, is expensive and time-consuming. (His sister, Nancy Weida, referred to the property as a “money pit.”)

“My plan is to sell it, put the money into Borden Farm. I won’t retain any ownership,” Mr. Borden said.

He chose to request the re-zoning, he said, because he felt keeping the rear portion zoned commercial would be potentially more “disruptive” to the surrounding neighborhood in the future. He said four single-family lots could be developed in the rear, a plan that would still require review by the zoning and planning boards.

“I honestly believe this would be a win-win,” said Mr. Borden. “Zoning goes with the land, not with the specific property owner, so my thought was this would be in the best interests of Portsmouth no matter who owns it.”

Attorney Neil Galvin, representing the Bordens and Fair Oaks Limited Partnership, said the proposal was a rare instance of an owner looking for a “downgrade” in zoning, as it would be more profitable to keep the current zoning designation and sell to a commercial developer.

“The owners want to generate the wherewithal to preserve a historic farm,” the attorney said.

Living in a ‘fishbowl’

However, some abutters on Canonchet Drive along the east side of the farm said even a small residential subdivision could disrupt their lives because a new road would be needed to allow any future neighbors to exit onto Canonchet. 

They also said their privacy could be threatened by the new homes, which would be located between abutters and the farm. Ms. Lewis said a new residential development would put her in a “fishbowl.”

“I should cut to the chase and put cameras in my driveway so the whole town can watch,” said Ms. Lewis, adding that future developers should be required to install buffers such as arborvitae or other plantings.

Mr. Hamilton said any such restrictions would have to be determined by the Planning Board. In any event, council members said, abutters would have their chance to comment on a future proposal when it’s vetted by the zoning and planning boards. They also said any commercial development in the area would have more of a negative impact to neighbors.

“If a commercial property goes in there, I think you’d have a lot more concerns with it,” said council member Kevin Aguiar. 

Another council member, Linda Ujifusa, said re-zoning the rear portion of the property to residential would make it more compatible with the surrounding area. “When you look at the map, you see a sea of houses,” she said.

Some residents also spoke in favor of the Bordens’ request, saying re-zoning the property to residential is in everyone’s best interests. 

“Borden Farm is one of the most elegant buildings in town,” said David Goetzinger, of 2908 East Main Road. “His motivation is to save that building, and that’s really generous. It’s a difficult job. Commercial property doesn’t help residential property in urban America.” 

However, Karen Shea, of 33 Canonchet Drive, noted that residents speaking in favor of the variance don’t live in the area that would be impacted by a new road.

Borden Farm, Portsmouth Town Council, Portsmouth Zoning Board of Review

2024 by East Bay Media Group

Barrington · Bristol · East Providence · Little Compton · Portsmouth · Tiverton · Warren · Westport
Meet our staff
MIKE REGO

Mike Rego has worked at East Bay Newspapers since 2001, helping the company launch The Westport Shorelines. He soon after became a Sports Editor, spending the next 10-plus years in that role before taking over as editor of The East Providence Post in February of 2012. To contact Mike about The Post or to submit information, suggest story ideas or photo opportunities, etc. in East Providence, email mrego@eastbaymediagroup.com.