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Johnston Planning Board again OKs FM Global project

01:00 AM EDT on Wednesday, October 1, 2008

By Mark Reynolds

Journal Staff Writer

JOHNSTON — The town’s Planning Board has reaffirmed controversial permitting decisions that paved the way for the construction of FM Global’s new corporate headquarters earlier this year.

After considering drainage and traffic issues that were raised at a recent court-ordered hearing, local planning officials took a vote on Monday night and approved the findings presented by their lawyer.

Those findings do not meet the satisfaction of CapLease, the company that owns FM Global’s existing headquarters.

CapLease’s lawyers had secured a Superior Court order that forced planning officials to hold a new hearing and then enter a new decision on the project, one of Rhode Island’s largest economic development initiatives.

Before the hearing, lawyers representing both the town and CapLease hoped that the board’s action would resolve the landlord’s concerns and bring an end to months of litigation in Superior Court, Providence.

However, that seemed unlikely yesterday as a CapLease official talked about bringing the company’s concerns back to Judge Michael A. Silverstein.

“Thankfully, Judge Silverstein has retained jurisdiction,” Gary Landriau, CapLease’s senior vice president, said.

“I suppose that’s maybe where we’re heading,” he added.

The findings approved by the Planning Board do not include any schedule or budget for the traffic alleviating improvements sought by CapLease, Landriau said.

“I’m disappointed the town didn’t stipulate any conditions of any kind,” Landriau said.

The board’s findings support arguments that lawyers for the town and FM Global have asserted for some time.

The 360,000-square-foot project was appropriately designed, with sufficient planning for traffic and drainage, according to the findings.

The board also found that its overall review of the project, which included hearings held in February, March and August, was adequate.

Before the most recent hearing, CapLease had challenged the legality of the process that took place before the most recent hearings, accusing town officials of illegally impeding timely access to public information.

The company’s representatives said the town’s information management had kept it from providing meaningful input on its drainage and traffic concerns.

Now, CapLease has had an opportunity to give planning officials input on those issues.

Early on, FM Global’s representatives had suggested that CapLease’s legal challenge was really an attempt to delay the project and make it difficult for the worldwide insurance company to leave its existing home on schedule next summer.

Landriau said his company continues its search for a new tenant. It is developing a marketing and leasing plan that should be complete within a few weeks, he said.

mreynold@projo.com