Palmer Pointe – What Can Average Barrington Resident Do?

On March 25, 2013, the Town of Barrington Planning Board received from the East Bay Community Development Corporation (EBCDC) the application for the Palmer Pointe development.

There are a number of problems with EBCDC's application, and with the process related to the town’s evaluation of that application.

Subsidies Slipped In? Tax Abatements a “done deal”?

On page 2 of that application, the EBCDC appears to be telling the Planning Board (and by extension, town residents) that residents "will" be providing property tax abatements for the Palmer Pointe project payable to EBCDC.

Has the Town Council voted to approve any such tax abatement? No.

Have the residents of Barrington voted to approve any such tax abatement? No.

Was there time to do so? Yes. Why then wasn't there a vote? And if the tax abatements are a “done deal”, how did the deal get done?

By the time the application was submitted to the Planning Board, EBCDC could have submitted a formal request to the Town Council. The Town Council could then have voted on the abatement question. If the vote was a “yes”, then the tax abatement request could have been submitted to be voted upon by those residents who will attend the Financial Town Meeting. But this was not done.

It is now too late.

In effect, the town has simply been served with notice that residents "will" be providing subsidies to EBCDC. The town, therefore, should not allow that application to be completed until this required tax abatement is properly addressed.

On May 13, 2013, attorney Nancy Letendre, ostensibly acting on behalf of the Town, stated that the Planning Board will be moving the application through to completion without first resolving the property tax abatement issue. Ms. Letendre's legal premise, apparently, is that the Planning Board cannot deal with this matter.

But Barrington Ordinance § 37-7, “Powers and duties of the Planning Board”, makes clear that the Planning Board can and should use their oversight responsibility to evaluate such matters as they review not just the “four corners” of the application, but the application within the required context, including economic impacts.

Zoning changes zip by? Is there a “Silent Partner”?

It has been said that the town is a "partner" in this development.

Do we believe that the town is an important “partner” in this development? Yes.

So why isn’t the town identified as a co-applicant?

It appears that the town is acting as a “silent partner”.

What are the implications of this posture by the town?

In effect, the comprehensive community plan, and this comprehensive permitting application, are joining forces to rezone this location without the time-honored requisite showing of undue hardship, etc..

Who represents the average Barrington resident? No one. It is EBCDC’s "silent partner's" attorney who is providing legal advice on the application to a Planning Board that appears to be refusing to look outside the “four corners” of the application.

If nothing is done to interrupt the process that is currently playing out at the Planning Board, EBCDC and their “silent partner” may quickly succeed in having Barrington residents on the hook for future subsidies payable to EBCDC.

Given there is no time to get this question on the Financial Town Meeting agenda, and that the "silent partner's" legal counsel is quickly pushing the question along for a vote by the Planning Board, the remaining option appears to be to have this matter properly voted on by the Town Council during the June 3, 2013 Town Council meeting.

What can the average Barrington resident do? Sign a petition.

A petition to have the Town Council place this matter on the June 3, 2013 agenda can be signed electronically at Change.org. The link is:

https://www.change.org/petitions/barrington-ri-town-council-petition-to-deny-tax-abatements-for-the-palmer-pointe-development

Please sign this petition to empower Barrington residents with a voice in this very important matter impacting our schools, our increasingly high property tax burdens, and the future of Barrington.

Thank you.

Sincerely,

Gary & Mary Ann Morse

2 Westwood Lane

Barrington, RI