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WARWICK

07/28/2005
Progress on Rocky Point seems ponderously slow
By JOHN HOWELL

Remember those days at Rocky Point…the fireworks, eating clam cakes while gulls circled for handouts, the cool splash of the Flume and the bands that seemed to always tie up traffic on Warwick Neck Avenue?

Those days are long gone, and it would seem the fate of the 123-acre amusement park has fallen into some kind of black hole. It was three years ago that the Small Business Administration put the property up for auction. The SBA had hoped to get a bid of $13 million to recover loses from bankrupt park owner Moneta Capital, and when they didn’t they stepped in to make sure it didn’t go for less.

It turned out to be a wise move. There was a lot of interest in the property, and the SBA asked competing developers to put their proposals on the table. Plans for the park fell into two categories: conversion into high end housing and a facility that would offer elderly residents a range of services from independent housing to assisted living and nursing care.

A second two-hour long telephone auction was conducted among those submitting plans and, to the amazement of many, Vanderbilt LLC bid $25 million. The company, with ties to Toll House Brothers, plans to build about 350 housing units on the former park.

That was over two years ago. Nothing seems to have happened since then. The purchase and sales agreement with Vanderbilt has not been signed. Applications for the zone changes and permits required haven’t been made. It would seem everything is at a standstill.

That’s not the case, says SBA district director Mark Hayward.

Pegee Malcolm, vice president of the Rocky Beach Association, also knows there’s movement.

Rocky Beach, once an area leased by the park to people who built summer homes on the land, is part of the Rocky Point Park package Vanderbilt bid on. There are 48 occupied houses on the property, 10 of them owner-occupied and another nine of them renter-occupied full time, says Malcolm. Malcolm is concerned what will happen to many of these families when the Vanderbilt agreement takes effect.

“Some of these people,” she said, “can’t afford to go elsewhere.”

She and others living at Rocky Beach aren’t spending the money on the upkeep of their homes and would like to have the SBA pay them to pack up and leave.

As was worked out prior to the auction, the SBA agreed to give the association first refusal to acquire Rocky Beach. Based on Vanderbilt’s offer, however, the 29-acre beach property is worth $11.25 million, an amount those who had leased land could not afford.

The association argued the amount was inflated and took their case to Federal District Court, claiming the SBA abused the first refusal because the agency never got a proper appraisal on the property. When Justice Ronald Legueux ruled in favor of the SBA, the association appealed to the First Circuit Court of Appeals. Meanwhile, it opened a dialog with the SBA in an effort to strike a deal. They proposed that the SBA pay Rocky Beach residents $2.5 million. The SBA refused, offering a lump sum of $150,000.

Split up between beach tenants, Malcolm says, the $150,000 is not enough to pay the first and last month rent on an apartment large enough for a family of four. She says at least five families won’t have a place to go.

“When this comes to an end they have to go somewhere,” she said.

Meanwhile, beach residents don’t know what to expect or when they may be evicted from the property.

“Since 1993 we were told this was the last year,” said Malcolm.

Though tenants, Rocky Beach residents don’t have leases and they don’t pay any rent. The annual fee had been $2,500, in the case of the Malcolms.

“We do appreciate getting something for nothing, but it’s to their [SBA’s] benefit, not ours,” she said.

Hayward said Tuesday that Vanderbilt remains interested in the property and that “we’re moving forward.”

He expects that movement will come Sept. 7 when the court is scheduled to hear the association’s appeal. As for why the agency has not initiated action for the permits and approvals needed for the project, Hayward said it would be premature.

Once the court case is resolved, Hayward expects more visible activity as the project moves forward. In the interim, since a suspicious fire destroyed the Big House, once used to house amusement park employees, on Sept. 2, 2004, SBA has beefed up security at the property.

“We continue to have a substantial presence,” said Hayward. Also, he said, the SBA continues to pay city taxes and water bills.

Hayward said the SBA had the carousel demolished about two weeks ago after what he described was a “breach.” The structure was thought to be close to collapsing.

Mayor Scott Avedisian said yesterday, “All along the goal is to see they [Rocky Beach residents] are treated fairly.”

Nonetheless, he said, the longer residents wait to find alternative housing the more difficult it will be. Given the long delays in resolving the future of the park property, Avedisian said, “there is a false sense of security there.”

He advised, “The SBA is very clear about moving forward with the sale.”





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