Supporters say club being ‘held hostage’
 
By Marcia Pobzeznik
 
Daily News correspondent
 
Many of the several hundred people who turned out for a public hearing Monday night on a request by the Tiverton Yacht Club to change zoning in the area of the clubhouse property said that without the zoning change, the yacht club one day would “cease to exist.” The Town Council won’t make a decision on the zoning change until at least Monday, July 19, when the hearing is scheduled to reconvene at the high school with the opposing side, led by abutter and attorney David Campbell, presenting its case.
 
The yacht club on Riverside Drive is a legal non-conforming use in a residential zone. It needs a zoning change, many testified, so it can operate free of restrictions imposed by the Superior Court, which ruled that it cannot expand beyond what existed prior to zoning being enacted in the town in 1964. It can’t, the court ruled, give swimming lessons to nonmembers, as it did in years past, and cannot operate a marina across the street. The marina issue now is before the Supreme Court on appeal.
 
The yacht club needs to install a new septic system in order to qualify for a building permit for a new clubhouse, but the septic system would be considered an expansion, which the court frowns upon. “The Tiverton Yacht Club is being held hostage by its septic system,” said its commodore Wayne Karzenski, who implored the council to “save a Tiverton institution” by approving the change from residential to waterfront-related zoning to allow yacht clubs to exist by right. The new zone would include the yacht club property and a dozen others on Riverside Drive, from the railroad tracks south to Main Road.
 
“Without further zoning relief, this club will cease to exist,” vice commodore Greg Jones said. “We all agree a yacht club is good for Tiverton. Does the Town Council want a yacht club in Tiverton or not?” If the council does not approve the requested change, Jones said it would be “a death Sentence for the club.”
 
But Campbell told the council that the requested change does not have the support of those who own homes in the immediate area.
 
“Everybody in the zone and across from the zone is opposed and they want to speak,” said Campbell, who will be allowed to begin his case and call witnesses when the hearing continues next month.
 
The proposed 1,320-squarefoot, single-story clubhouse would be two-thirds smaller than the three-story Victorian clubhouse that was lost in a fire in June 2003, Karzenski said. Yacht club attorney Kenneth Tremblay said the court has deemed non-conforming uses a “thorn in the side of proper zoning (that) should not be perpetuated.”
 
The only other alternative is applying to the town’s Zoning Board for a use variance, Tremblay said, but that would require proving that the club has been denied all use of its property, which is not the case. Jones said the court’s ruling on legal non-conforming uses is the main issue.
 
“Our issues are really not with the neighbors. Our issues are with the court. What has changed over the years is the concept of non-conforming,” Jones said.
 
The oldest member of the club, John Brady of Portsmouth, said the yacht club has 474 individual members today, or about half of the 946 it had in 1965 shortly after zoning was enacted in the town.
 
“It was a wonderful family club and still is,” Brady said. Over the past seven years since the fire, “we’ve been kicked when we were down,” he said, and current zoning is to blame. “Re-zoning is the only way to continue the club,” he said.
 
Several teenagers and many members with families told the council that they’ve benefited greatly from the swimming and sailing programs at the club and the camaraderie among the members.
 
“A cultural entity,” is how resident Pat Sullivan, representing The Alliance to Preserve Tiverton’s Quality, described the club.
 
But Riverside Drive resident Charlie Smith said the club’s request for a zoning change “is spot zoning on a bigger spot. I’ve been there for 65 years and I’d like some relief, too,” he said of children who are always in the road and parking problems stemming from the club.
 
“It’s a generational decision,” member Dana Allcock told the council of the zoning request, which he said “would retain a way of life” for so many families.
 
Send correspondent Marcia Pobzeznik e-mail at Pobzeznik@NewportRI.com.