Letter: Town mustn’t bend to vineyard lawyers’ bullying

Posted 5/18/16

To the editor:

Summer is our favorite time of the year. However, this year the coming of summer brings anxiety. We live across Watson Reservoir from the vineyard, which came under new ownership in …

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Letter: Town mustn’t bend to vineyard lawyers’ bullying

Posted

To the editor:

Summer is our favorite time of the year. However, this year the coming of summer brings anxiety. We live across Watson Reservoir from the vineyard, which came under new ownership in 2012 by a company controlled by Carolyn Rafaelian, who is

also the CEO of Alex & Ani. Last summer, we had front-row seats to the dramatically intensified and disruptive activities at the vineyard, which consisted of 29 weddings and a concert series every Thursday and Sunday, from May to October. These events created excessive noise, traffic and bright lighting late into the evening and affected many neighbors and property owners far beyond the vineyard’s immediate boundaries.

Plainly and simply we have been tormented by this neighbor. As a result, in January of 2016, the Little Compton Town Council adopted noise and entertainment license ordinances, in an attempt to rein in the vineyard’s exasperating behavior. At least we hoped that would be the outcome of the ordinances.

On May 5, the Town Council voted unanimously to grant the vineyard a “provisional” entertainment license, to hold two concert series on a portion of the vineyard that is deed-restricted to agricultural activities. At this meeting, our attorney, Christopher D’Ovidio, demonstrated that CSV’s license application failed to include several key requirements of the town’s licensing ordinance. After some insistence from Attorney D’Ovidio, the council required CSV to prepare an “Operational Plan” due May 16, which shall address traffic, sound, parking and sanitary facilities. The council will be reviewing these plans and acting on the issuance of the license at its May 19 meeting.

Just as troubling, was the council’s decision to ignore the ordinance requirement that a license applicant whose property is subject to a conservation restriction, as the vineyard is, “provide a written statement from the agency(s) or organization(s) holding such a conservation restriction affirming that the proposed entertainment activity is fully consistent with the terms, conditions, and provisions of the conservation restriction.” The LCACT and USDA/NRCS have both provided documentation that CSV is in violation of the deed of development rights by building a bandstand on the restricted lots without seeking approval to do so. For weeks the council refused to act on the license application until the LCACT issued its letter. Why did the council change course and approve a provisional license?

Less than a week prior to the Council’s May 5 meeting, the vineyard retained its 4th legal team.

The new, legal team issued the Town Council a correspondence, stating: “[I]f Dionysus’ [the company under which CSV does business] License Application is not acted upon at the May 5, 2016 meeting, Dionysus will assume that it is being denied, in which case Dionysus will avail itself of all available legal recourse, including (but not limited to) a lawsuit for injunctive relief and, ultimately if necessary, damages.” Mr. Tarantino went on to raise the possibility of filing a lawsuit to “rescind” the deed to development rights on the vineyard property, on the grounds that failure to provide a license could deprive Dionysus of the benefit of conducting activities that it claims are permitted under the terms of the deed. Unlike LCACT, on May 5, the council met the vineyard’s request.

Despite our willingness to reach a compromise for reasonable and quiet vineyard use, we refuse to give up and have filed an appeal with the Zoning Board of Review, because the zoning certificate issued by the Zoning Officer on March 9, is inconsistent with the zoning ordinance and the historic use of the vineyard. The certificate, for example, says nothing about allowing concerts on the vineyard property. The appeal hearing is scheduled for June 15.

We support the operation of the vineyard as a genuine, agricultural enterprise, within the strict requirements of town ordinances, state law, and the deed of development rights. The previous owners respected our town and its residents. The new owner does not. Little Compton has maintained its peace, tranquility and way of life for over 334 years. Will our Town Council allow this big corporation to bully them into intensifying their use? Will they be known forever as the council that allowed a big corporation to destroy our town or will they seize the moment to save our community now? The precedent set with regard to Carolyn’s Sakonnet Vineyard will affect the entire town. Most of the town, like the vineyard property, is zoned residential/agricultural and your neighbor could make their property the next host for a concert series or wedding venue. We urge Little Compton residents to pay close attention to the actions of town officials regarding these important matters.

Brian and Natalie Eliason

Little Compton

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