Kooloian v. Town Council of Bristol

572 A.2d 273, 1990 R.I. LEXIS 60, 1990 WL 34726
CourtSupreme Court of Rhode Island
DecidedMarch 30, 1990
DocketNo. 88-545-M.P.
StatusPublished
Cited by2 cases

This text of 572 A.2d 273 (Kooloian v. Town Council of Bristol) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kooloian v. Town Council of Bristol, 572 A.2d 273, 1990 R.I. LEXIS 60, 1990 WL 34726 (R.I. 1990).

Opinion

OPINION

FAY, Chief Justice.

This case is before the court on the petition for certiorari of Azarig Kooloian and Elizabeth Kooloian (petitioners). The respondents include the Town Council of Bristol (town council) and more than seventy-five neighbors permitted to intervene as party defendants. The petitioners challenge the town council’s denial of their application for a demolition permit involving a building located in what is now zoned a historic district. We find that the denial of the demolition permit was within the authority of the town council.

[274]*274The facts pertinent to this appeal, insofar as they can be ascertained from a sparse record, are as follows. The controversial building, located at 202 Hope Street in the town of Bristol, was constructed by a Bristol sea captain in the middle of the nineteenth century. In March 1987 petitioners contracted with William and Rosemond An-gevine (Angevines) to purchase this property. The petitioners intended to construct five new units on the property, and the contract provided for a price reduction in the event that local zoning requirements prevented the issuance of a building permit for this purpose. The Angevines subsequently applied for permission to demolish the existing building and for the variance required for the construction of five new units. In their application for a variance and demolition permit, the Angevines stated that the building was not in a historic district or on the National Register of Historic Places. The record indicates, however, that the house was listed on the National Register as part of the Bristol Waterfront Historic District. Furthermore the house was included in a 1971 statewide survey of historical buildings.

On July 14, 1987, the Zoning Board of Review for the Town of Bristol entertained the Angevines’ application for a variance. The petitioners were present at the hearing. Due to conflicting interpretations of the town zoning ordinance, however, a decision by the board was postponed until more information could be obtained.

In the interim the Historical Preservation Commission (commission), in a letter dated August 13, 1987, expressed its concern over any changes made to the structure located at 202 Hope Street. The executive director, Edward F. Sanderson, wrote:

“This house is listed on the National Register of Historic Places as part of the Bristol Waterfront Historic District, a large area of well preserved historic buildings which document Bristol’s history as a colonial and nineteenth-century port town, as an industrial center, and as a summer resort. Listing in the National Register is a special honor reserved for structures and areas which have made a significant contribution to the history of our towns, state, and nation. The historic character of Bristol is of special concern both to the Historical Preservation Commission and to the citizens of Bristol.
“The character of this district is derived partly from its large and architecturally important houses and public buildings, but the more numerous and smaller eighteenth- and nineteenth-century houses set in rows along the many streets leading up from the harbor are equally important. The special quality of Bristol’s waterfront district results from the presence in well preserved condition of such a large number of houses from the town’s early years. Such a group of historic buildings is indeed rare and is a testimony to the care which Bristol citizens have given their rich heritage of fine architecture, a heritage which can be diminished by demolitions or unsympathetic alterations.”

Two additional hearings were then held on August 18, 1987, and September 15, 1987. At the September hearing the zoning board denied the Angevines’ application. The An-gevines appealed the decision of the zoning board to the Superior Court, and petitioners were later substituted as plaintiffs.1 Despite the obvious controversy surrounding the property, petitioners took title in October 1987.

The petitioners assert that the building official for the town of Bristol issued them a demolition permit.2 The location of the property, however, mandated that petitioners also obtain approval from the Coastal Resources Management Council (CRMC) created by Rhode Island General Laws. [275]*275General Laws 1956 (1988 Reenactment) § 46-23-1. Pursuant to § 220.C.3 of the Coastal Resources Management Program, CRMC was required to “solicit the recommendations of the Historical Preservation Commission” regarding possible adverse impacts of actions taken with respect to properties having historic significance. In response to the request of CRMC, the commission recommended against the issuance of a demolition permit.

Had petitioners obtained the additional permission of CRMC, the alleged permit originally issued by the town building official would nevertheless have been ineffective. Pursuant to a resolution approved by the town council in September 1986, the building official was required to submit to the town council all requests for permits applied for in the historic district. It should be noted that at the time petitioners purchased the controversial property, it was not in a zoned historic district. The record indicates, however, that at the time of purchase the nineteenth-century house was listed on the National Register of Historic Places. In May 1988 the town council extended the historic zone to include 202 Hope Street.. In June 1988 the building official accordingly notified petitioners of the moratorium placed on any potential demolition of the building at 202 Hope Street.

Finally in September 1988 the town council requested a recommendation from the Bristol Historic District Commission regarding petitioners’ permit application. The Bristol Historic District Commission unanimously agreed that the building retained historic significance and should not be destroyed. In November 1988, relying upon this recommendation, the town council denied the demolition permit.

The petitioners, while the appeal from the zoning board’s decision is pending, filed this petition for a common-law writ of cer-tiorari. We granted the request, allowed the neighbors to intervene, and directed the parties to address, in addition to other appropriate issues, the “Town Council’s jurisdiction to act upon an application for [a] demolition permit such as that filed by the petitioners.”

General Laws 1956 (1988 Reenactment) chapter 24.1 of title 45 authorized city or town councils to regulate the construction, alteration, and demolition of any structure within its limits possessing historic or architectural value. Pursuant to this authority the town council created the Historic District Commission to “[sjafeguard the heritage of the Town of Bristol by preserving one or more historic districts and other designated structures of historic or architectural value in the town which reflect elements of Bristol’s cultural, social, economic, political, and architectural history.” Bristol Town Code § 9.5-2.1, enacted by Ord. No.1987-02 (May 13, 1987).

The enabling legislation of chapter 24.1 of title 45 also requires owners of structures possessing historic significance to file for a certificate of appropriateness for any proposed alterations. Section 45-24.1-4. Accordingly the Bristol Town Code provides for the submission of plans to the town building official for any construction affecting a historic structure. Bristol Town Code § 9.5-5.

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Bluebook (online)
572 A.2d 273, 1990 R.I. LEXIS 60, 1990 WL 34726, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kooloian-v-town-council-of-bristol-ri-1990.