Judge Overturns Zoning Board Decision on Former TLA-Pond View Facility

The Superior Court has ruled in favor of an appeal by the former TLA-Pond View and Kenlin Properties that the East Providence Zoning Board erred in making a decision that the company violated city guidelines.

The ruling could open the door for the construction materials recycling to resume at the Rumford site owned by Ken Foley, the former owner of recycling company.

“This Court concludes that Appellants‟ substantial rights were prejudiced because the Decision of the Zoning Board, affirming the Zoning Officer‟s Notice of Violation, was clearly erroneous and made upon unlawful procedure. Accordingly, the Plaintiffs‟ appeal is granted, and the Decision of the Zoning Board is reversed,” according to the ruling. 

Click here to see the complete ruling.

The ruling came from Superior Court Judge Sarah Taft-Carter in a 22-page decision released Monday, Aug. 5. 

The Zoning Board said that TLA-Pond View violated an ordinance that governed the amount of construction materials that could be recycled at the facility at One Dexter Road. That facility is being cleaned up by Foley, who owns the site and has a contract with the RI Department of Environmental Management to empty it of demolition materials.

TLA-Pond View no longer exists after going into receivership late last year. Its equipment was auctioned off, but Foley still owns the site and has said he wants to go back in same business of recycling construction materials as soon as the cleanup is completed.