Portsmouth zoning board decision on Greenvale expected Jan. 14

Posted 12/18/15

PORTSMOUTH — After hearing more than three hours of testimony both for against Greenvale Vineyards' application for a special use permit to host weddings, concerts and other events, the Zoning Board of Review ran out of time Thursday night and …

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Portsmouth zoning board decision on Greenvale expected Jan. 14

Posted

PORTSMOUTH — After hearing more than three hours of testimony both for against Greenvale Vineyards' application for a special use permit to host weddings, concerts and other events, the Zoning Board of Review ran out of time Thursday night and was forced to continue the hearing to next month.

The board will hold a special meeting on Thursday, Jan. 14, 2016, at 7 p.m. when it will address any potential conditions on the permit before making a decision.

“We are going to vote, period,” said board member John Borden near the end of the meeting, which adjourned at 10:30 p.m. — 30 minutes over the board’s normal time limit.

Nancy Parker Wilson, general manager of the 73-acre farm her family has owned since 1863, is seeking a special events permit in the wake of a change to the zoning ordinance made by the Town Council in June. The amendment allows farmers to seek permits before the zoning board to hold special events on their property they say are necessary to keep their businesses economically viable. Ms. Parker Wilson wants to host 40 to 50 events annually at the farm, ranging from 20 to 200 people in attendance, although the weddings attract closer to an average of 100, she said.

The hearing began on Nov. 5, when the zoning board heard testimony from Greenvale Vineyards' expert witnesses and comments from 13 residents, most of whom spoke in favor of the winery’s application.

On Thursday, the board heard a great deal more opposition to Greenvale’s proposal, but it came mostly in the form of letters. Out of a dozen people who gave oral testimony, only one person — Nancy Howard, an abutter who lives at 16 Dianne Ave. — raised objections to the application.

Ms. Howard, however, had the floor for a full hour, refuting previous testimony by the vineyard and raising concerns over traffic safety, noise and other issues. She said while she appreciated Ms. Parker Wilson’s community outreach efforts and wishes her business success in selling wine, “My concern is the wedding-type event will be the primary use instead of growing grapes.”

Legal battle

She also accused the vineyard of thumbing its nose at the town's rules, pointing out that in 2010, the zoning board ruled that while wine tastings were allowed under the ordinance, wedding events were not.

“You said no way, but they continued to hold the weddings,” said Ms. Howard, noting that the winery appealed the decision to Superior Court, which upheld the zoning board’s ruling.

Greenvale did not ask until earlier this year for a stay of that ruling, which was granted in February, she said. So for five years, she said, “Greenvale was in violation of the zoning ordinance and the zoning board of review.” During that time, neighbors spent more than $35,000 in attorney fees in opposition to the winery’s plans.

As for traffic, Ms. Howard said she’s seen 100 cars parked on the property at 10 p.m. When they leave they must travel up the narrow, one-lane Greenvale Road and onto the two-lane Wapping Road, she said.

“That’s a lot of cars going through a residential area with narrow lanes,” Ms. Howard said. “It’s unreasonable that a residential property should be rented for events until 10 o’clock with alcoholic beverages.”

She also accused Greenvale of playing down complaints made against the winery. In one example, a bride who had a rehearsal dinner at Greenvale in 2009 posted on the social media website Flickr that the event was moved into the tasting room after it began to rain. Fire codes allow for only 50 people in the room but there were 100 inside, according to Ms. Howard’s description of the post.

Greenvale’s attorney, David Martland, objected to Ms. Howard’s testimony, calling it “clear hearsay.”

Board member James Hall noted there have been few official complaints made to the town about Greenvale’s events. “How do we put a condition on something that they haven’t done?” he asked Ms. Howard. “How do we enforce it if they haven’t violated anything?”

“The problem is,” Ms. Howard replied, “do we want to wait until something happens?”

More voices in support

After Ms. Howard’s testimony, the board heard from many supporters of Greenvale’s application, such as John Murphy of 549 Wapping Road. “I like having the vineyard there and have not been impacted by any of the events that go on there. I’ve never heard any noise,” he said.

Charles Allott, executive director of the Aquidneck Land Trust, urged the board to allow Greenvale to find ways to keep its business economically viable so that it can survive. Rhode Island, he said, “still has the dubious distinction that we’re historically lost more farmland … than any other state in the union.”

Bill Corcoran, president of Newport Tent Company, said he’s been putting up tents at Greenvale Vineyards since he was 12 and that the winery is good for the local economy. “I employ a lot of people. If they don’t have places to put up tents, they don’t have jobs,” he said.

Ms. Parker Wilson could easily sell Greenvale and live on a beach for the rest of her life, he said. “The loser wouldn’t be Nancy Parker Wilson. The loser would be us,” he said, noting that if a 72-lot subdivision were to replace the vineyard, it would create much more traffic than what the farm is generating and lower property values in the surrounding neighborhood.

Jerry Zarrella said he recently won the right to host weddings on his Exeter farm after fighting a years-long legal battle, similar to Greenvale’s situation. He said the town should support Greenvale because preserving farms helps slow growth.

“Here are people who want to preserve a piece of property that’s going to cost you nothing,” said Mr. Zarrella. “I’m a builder. If her property went up for sale, I’d be the first knocking on her door.”

24 letters read into record

Board member James Nott talked himself hoarse when he read, in full, 24 letters into the record from other people who offered their two cents on the application. Of those two dozen missives, 16 were against Greenvale’s petition, eight in favor.

Most of the letters against the permit raised concerns over traffic safety, drinking, noise and incompatibility with the surrounding area.

After Mr. Nott finished reading the letters, one more resident requested the microphone. Dave Warren, a Middle Road farmer, got the last word.

“I keep hearing that the farms are in residential areas,” said Mr. Warren. “The residential areas are in the farm zones. We’re right where we’ve always been. We didn’t just move into town. If you deny her, you better shut down every other establishment in town, including the Manor House.”

Other petitions continued

Greenvale Vineyards’ application wasn’t the only matter of business on the zoning board’s agenda Thursday night. There were seven other petitions scheduled to be heard, but they all had to be bumped — including people who drove to Town Hall from Massachusetts — to the next regular meeting on Jan. 21.

Greenvale Vineyards, Nancy Parker Wilson, Portsmouth zoning, Portsmouth Zoning Board of Review

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