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Smithfield council balks at new Waterman Tavern appeal date

01:00 AM EDT on Wednesday, October 8, 2008

By Thomas J. Morgan

Journal Staff Writer

SMITHFIELD — A bid to facilitate fundraising for the historic Waterman Tavern/Smithfield Exchange Bank failed last night when the Town Council declined to alter the Dec. 9 scheduled date for an appeal by the Smithfield Preservation Society against a condemnation ordered issued by the town’s building and zoning official.

Councilman Michael J. Flynn urged the panel to choose an earlier appeal date, saying that structural repairs to the old building, which building official Peter Scorpio had ordered completed by Nov. 3, were actually completed two weeks ago.

But Stephen R. Archambault, council president, said he saw no urgency that required a change of dates for the appeal, during which the council would sit as a Building Board of Review.

Town Solicitor Timothy F. Kane said he had been approached by the attorney for the Preservation Society, who requested that the Dec. 9 appeal hearing be rescheduled to an earlier date.

Flynn said, “The building is completely rectified as far as structural problems, which were the cause of the condemnation order. The building is structurally sound. The condemnation order is still on. The order makes it impossible to do fundraising. That’s the dilemma.”

Kane replied that Scorpio “still believes there are unsafe conditions.”

Flynn said that the contractor hired by the Preservation Society had reported that all repairs were completed.

Flynn was joined by Ronald F. Manni, a fellow Republican, who said, “to wait any longer pushes this into the cold months.” He added, referring to a drawn-out battle against those who want to see the dilapidated Greenville landmark torn down, “This has been a running gun battle from the beginning.” Addressing a suggestion from Archambault that the council wait to act until after the election, when the makeup of the panel might change, he said, “This council has heard so much [on the issue that] maybe we should try to finish it off.”

Bernard H. Hawkins, council vice president, joined fellow Democrat Archambault in opposing a shift of the appeal to Oct. 21 on the ground that there are already two public hearings scheduled for that evening. Three such hearings would be time consuming, he contended.

Archambault said, “I’m not persuaded that urgency is needed.”

The council president said he was “extremely impressed” with Scorpio’s performance. He praised the building official’s “willingness and openness to work with the Preservation Society,” and said Scorpio had evidenced “no bias” and was “merely working within the building code.”

Members of the Preservation Society and the restoration architect the group has employed have complained for months that Scorpio had been dragging his feet on issuing building permits — Scorpio recently issued at least one — and had been uncooperative. The society has appealed to the Zoning Board of Review on Scorpio’s decision to refuse a building permit on the ground that the old tavern now lies in a village district, where different rules apply.

In a separate matter, the council voted to hold a public hearing on Oct. 21 upon receiving complaints about outdoor loud music at the Euro Café, on Douglas Pike. The Providence Journal yesterday said incorrectly that the hearing was to be held last night.

The council could revoke the restaurant’s entertainment license, which was granted in August upon the promise of owner Elia Nassios that the music would not be presented at such a level as to annoy residents of the nearby Orchard Meadows neighborhood.

“They are not holding up to this commitment,” said Councilwoman S. Jean Cerroni, who said she had received “numerous complaints.”

tmorgan@projo.com