EAST PROVIDENCE – A citizen-led opposition group is continuing to fight back against the redevelopment of the former Metacomet Golf Club property, challenging the East Providence Town Council’s rezoning decision in court.
A complaint filed in R.I. Superior Court on Aug. 18 by Keep Metacomet Green! alleges that East Providence Town Council’s July vote to rezone the 140-acre expanse is inconsistent with the town’s comprehensive plan. The complaint also states that the town violated state public notice laws by not informing all property owners within 200 feet of the golf club property about the proposed zoning change.
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The year-and-a-half long saga of redeveloping the Metacomet Golf Club has been fraught with conflict between local residents, city officials and the private developer behind mixed-use redevelopment plans.
The rezoning request approved by a 3-2 vote of the Town Council in July lays out a host of permitted and forbidden uses which dictate how owner Marshall Properties Inc. can move forward with its mixed-use proposal. While the decision includes a number of concessions based on citizens’ feedback – additional open space, preservation of a nine-hole golf course, limits on building heights and a ban on hotels and big-box retail stores – there are still more than 80 uses allowed either by right or with conditions under the newly recreated subdistrict.
A more detailed plan of the project has yet to emerge, though specific site plans will at some point be reviewed by the city Planning Board and East Providence Waterfront Commission.
Several council members in explaining their decision to approve the rezoning said it was the best option, given that Marshall previously threatened to develop the property “by right” under its existing zoning – meaning the council would have no say over the project.
But citizens remain unsatisfied with what Candy Seel, a leader of the Keep Metacomet Green group, described as “destruction” of the property. The legal complaint asks the court to send the rezoning back to the council, and in the meantime, order a stay that prevents Marshall from beginning any redevelopment.
Ultimately, Seel said the goal is to prevent any kind of rezoning. But for now, the group is focused on the first step of overturning the current decision.
The complaint names all five members of the town council, along with finance director Malcom Moore and Metacomet Property LLC, a corporation associated with Marshall, as defendants in the case.
Robert Britto, town council president, declined to comment citing the pending litigation.
In an emailed statement on Thursday, City Solicitor Michael Marcello said the city had not yet been served with the complaint.
“Once served, we will vigorously defend the actions of the City Council and are confident that the zone change will be upheld,” Marcello wrote.
Marshall did immediately return a request for comment.
Update: Adds responses from East Providence officials in paragraphs 10-12.
Nancy Lavin is a PBN staff writer. You may reach her at Lavin@PBN.com.
