NORTH SMITHFIELD – In an application that acknowledges the complexity of an issue caused by decades of litigation and lack of oversight, a mining business is now looking to end North Smithfield’s decades-old moratorium on the activity, and to create a new zoning district where earth extraction is permitted.
Pound Hill Realty, known locally as Material Sand & Stone, has requested an amendment to the town’s zoning ordinance to create a new “Industrial Special Management District 1 Overlay,” and to change the zoning on their 89 acre site on Pine Hill Road from Rural Estate Agricultural to the new designation, with corresponding amendments to the town’s zoning map.

The move, submitted through attorneys acting on behalf of the business, is the latest in a decades-old dispute with the town over mining operations, and comes in response to a Superior Court decision in 2023 ordering the company to follow North Smithfield’s process and ordinances after decades of legal challenges.
The request will be decided next month by the Town Council, but first, it must go before the Planning Board, where members will evaluate the idea for consistency with the town’s comprehensive plan. At a meeting scheduled for Thursday, Feb. 13, Planner Mark Carruolo will present the concept and provide analysis before the board submits their recommendation to the council.
The council will hold a public hearing on the application on Tuesday, Feb. 18 at a meeting to be held at Town Hall at 83 Green St. starting at 6:45 p.m.
On Wednesday, Carruolo told NRI NOW that he is still delving into the recently submitted documents, and not yet sure what he’ll recommend to planners.
“I need to do that analysis,” he said.
If approved, Carruolo notes that the new overlay district will not only allow mining to continue on Material Sand’s lot off of Pound Hill Road, it could allow other businesses to apply for the provision.
“If someone else had a property that meets the criteria of the ordinance, they could request it,” Carruolo said.
It is a somewhat unconventional answer to what the business describes as “the unique zoning status of one or potentially more long-standing industrial properties with respect to which conventional zoning provisions are inadequate and insufficient for proper municipal planning purposes.”
Those hoping to understand why a company that’s been mining in town for decades might require such a change to continue operations would have to trace the issue back to the 1970s, when town officials first passed an ordinance to govern earth removal.
Carmine and Emma Pezza had operated a quarry in the area since the late 1950s, when they first purchased land. But in 1979, the Town Council banned the activity in all town zones. Existing businesses, however, were deemed exempt from the provision as long as the subject property was acquired or leased prior to the effective date.
But the Pezzas acquired a second 32-acre lot sometime around 1987 with the intent to merge the properties and continue digging. Operating as Material Sand since 1985, the business works to “excavate, wash, screen, sell, and deal in gravel and sand, and to engage in the manufacture, distribution and sale of sand and crushed stone products,” according to articles of incorporation filed with the Secretary of State.
Town officials ordered the company to cease and desist operations on the newer 32 acre portion in the 1990s, but the company challenged efforts at enforcement, twice winning cases in Superior Court that put temporary holds on the town’s initiative.
A judge ordered “status quo,” enforcement of the business’s operations in 2006, which for years, it seems, meant little to no oversight by the town, even as Material Sand expanded with a truck weighing scale, an office and a foundation for a processing plant.

In 2022, two citizens, including resident Jason Richer, complained to the town about the quarry’s activities. Richer also discussed the issue with NRI NOW that August, questioning the town’s enforcement efforts. Former Building and Zoning Official Lawrence Enright, however, explained to Richer that the issues had been settled by court orders.
But as a result of the complaints, the owners of the gravel extraction business renewed litigation, attempting to finalize the prior court orders, which it had relied on for continued operations.
The attempt essentially backfired, and Associate Justice Daniel Procaccini ruled in favor of the town, noting that granting the business’s legal request would result in permanent immunity from oversight regarding entire sections of North Smithfield’s ordinances.
Since the ruling, the business addressed one element of zoning, securing an agreement for the use of town roadways last March.
Earlier this month, NRI NOW broke the story of RIDEM’s efforts to address flooding and unpermitted discharges from the property.
Now, the business hopes to end another long-standing issue with creative zoning.
In documents submitted by Attorneys William Landry, Matthew Landry, Thomas Plunkett and Ryan Hurley, the company acknowledges the convoluted history citing “the unique rules applicable to the continuation and expansion of nonconforming uses that involve diminishing assets; the historic merger and consolidation of lots… that requires the property to be considered as a single lot; the lack of clarity and certainty as to the precise zoning status of the property notwithstanding more than 30 years of litigation between the town and the owners of the property…” and more.
“Customized zoning treatment,” they argue, is in order due to “the severely limited potential for other uses of the property in view of its location and physical condition,” and “the limited opportunities for oversight by the town the has resulted from the historic status quo and litigation associated with the property and the need and desire of the town for greater oversight and transparency with respect to the property in a manner not easily accomplished through traditional zoning…”
The issue – and what she has often described as lack of oversight at the property – is what inspired now Council Vice President Rebecca DeCristofaro to first become involved in town politics. As an abutter, Decristofaro will recuse herself when the council takes up the issue in February, but has been advised by the state Ethics Commission that she can still provide testimony as a resident.
The proposed Industrial Special Management District One Overlay would have the same use regulations as the property’s current REA zone except mining, quarrying, sand and gravel extraction, loam striping, stone cutting, crushing, washing and processing of materials would be permitted under certain conditions, including a development plan approved by the Planning Board.
Notice of Material Sand’s request was recently mailed to abutters and is scheduled to be publicly advertised in the coming weeks.
JP, seriously, read the zoning laws especially 6. 19. If a business did everything right, then there’s no problem. Why have someone bullying the town?and it won’t go through zoning .
Can we please keep the personal comments out and stick to the subject matter at hand, please?
In 2006, the town council turned a blind eye to the quarry. Despite the court order stating the “defendant’s other protections remain in place”, the town started telling people calling with complaints that the court has tied their hands and there was nothing they could do. Nothing could be further from the truth. The Town could and should have continued to enforce the environmental and safety issues within the quarry, they chose not to.
We are at that same watershed moment today. One can only hope our planner looks this application over with a fine toothed comb and compares it to the Comprehensive Plan, the Charter and the Town’s ordinances. If he does, there is NO WAY he can endorse this application. It is the antithesis to our Town’s plans and ordinances as laid out in the Comprehensive Plan, Charter and Ordinances.
MSSC’s answer to the Superior Court’s decision, ordering the business to follow the Town of N. Smithfield’s ordinances, is to create a new overlay district for mining operations creatively customized to their specifications?!! Unbelievable, but it is their modus operandi.
MSSC has self-certified its own No Discharge permit with RIDEM and has shown a callous disregard to the surrounding environment and their sensitive proximity to the Western Sand and Gravel Superfund Site (WSG) until caught red-handed by the EPA. According to a December 2023 EPA Memo regarding the WSG, concerns are expressed about Pine Hill Quarry’s operational impacts on the WSG Site and documented results by a hired hydrogeologist from the PRP group. Noted are observations of the groundwater elevation dropping approximately 8 feet in piezometers since 2022 along the eastern Site boundary with smaller decreases in other wells in the region, and subsequent reversal of localized groundwater flow along the Southeastern portion of the RCRA Subtitle C landfill. Groundwater, for the first time since monitoring in the 1980s, was flowing east instead of west in localized areas. Also stated in the memo, “It is possible that due to the flow reversal, groundwater containing PFAS, once contained within the WSG Site boundary is now entering the adjacent quarry property.”
Does the Town Council really think MSSC should be able to write its own rules, self-govern, and disregard ordinances that protect our Acquifer and the Health and Safety of our residents?
No, no and a big NO! North Smithfield’s aquifer would be in eminent danger. The people that own/work there don’t care about North Smithfield’s residents. It’s just another paycheck. But to us, it could be our wells! Can you tell us for certain that they won’t draw water from the Superfund sites? No. They cannot be trusted. Do not change this zoning. It’s not for the good, health and welfare of its tax paying residents.
Glad to see you’re a business friendly appointee who just joined the zoning board!
Thankfully Gail knows the difference between businesses worth having in town and those that put the health and welfare of town residents at risk. That’s likely the real reason why Councilman Beauregard didn’t support Gail’s appointment. Gail has been outspoken about health and welfare issues but I’m sure you’re already aware of that “JP”. It’s obvious that you see businesses that operate solar arrays and mining operations as “good” businesses to have in town just like Mr Beauregard.
Obsess much?
I don’t get why the subject matter always has to head to bashing someone. And I thought Sandy stopped this. Heck, I had a comment stopped and she emailed me when I mentioned a name…..well Sandy? How about pulling that bashing of a named person? It needs to stop once and for all. Stick to the subject of the article, be nice, or be quiet.
It is not the mere mention of a name, but rather the back and forth regarding aliases and trying to “call out” others that led to the deletion of the comment you are referencing. As I mentioned in my email to you, anonymous comments are allowed, and an entire comment feed of people accusing each other of being various individuals adds nothing to the discussion. I held back another comment today for the exact same reason (not yours.)
I also try very much to hold back personal attacks. But a discussion of whether or not individuals serving on town boards are not business friendly – or are too business friendly – is well within the guidelines.
Still is bashing, and always of the same man. By the same man. Sorry but I respectfully disagree. Mr Beauregard deserves respect and you are the gatekeeper of the allowed insults that you supposedly set rules on…..not to do. Seems a tad contradictory by you.
SuzyQ.. Can I call you Sue? In short, yes, my forum, my rules, my judgement – always within the best of my ability to be as fair as possible. I’ve learned that explaining and/or making rules is nearly always taken by certain individuals as a challenge… an opportunity to test the boundaries and/or lure me into an argument or tell me I am somehow a hypocrite. And so the policy is: On NRI NOW we will do our best to be fair, but we are an independent business and your ability to have these discussions is a service we are offering you. At the end of the day – we make the decision. But to be clear, we can hold back any comment, at any time, for any reason – and most of the time I will not explain why. I emailed you because I do try to provide some guidance and be reasonable. I don’t have to – and likely will not again.
Exactly…..testing the boundaries, which SHOULD mean that NO is NO….not allowed. An insult is an insult, period. A black and white issue. No gray. Otherwise, hypocritical. And enough for another poster to have noticed it as well!
How very adult of you councilman
Better environmentally concerned for the residents of this RESIDENTIAL DISTRICT and protecting the region’s largest aquifer from pollution, than being friendly to businesses that have demonstrated a contempt for the environment and their neighbors health, safety and well being.
Do you know good businesses?
It very well may be of imminent danger to the wells. Eventually.
My thought is seeing there are so many cancer deaths, and one being treated, 6 total, within a set of 5 adjoining houses, in one NS location alone, 2 in one house, and then up the following street, add another, and down further, add yet another, makes 8, means areas not yet known/considered as contaminated…? A cause for concern I noted when tallying up after a more recent passing. All have wells. This is too much to not consider SOMETHING is amiss from issues long ago already.
And as for this company which has disregarded laws, why allow them to do anything more when they have not yet complied. First things first. And this is right in the backdoor of one of the TC members. Expanding on possible other forms of contamination not good for its residents.
Equally concerning, how is that solar panel area not experiencing the quarry dust accumulating over it by now? Some dust must be flowing there affecting its efficiency. Too much and the solar panels can overheat and catch fire…..another thought to ponder.
That solar installation is on top of an existing sand pit so I doubt any quarry dust from a 1/4 mile away is a concern.
Might want to see how far silica dust travels…..easily 1/2 mile. Google.
They’re already on top of a sand pit that consists or largely silica. I imagine that they took that into consideration. That said, the owner of that array is TA Consulting AKA Charles Wilson, the same Charles Wilson responsible for creating that superfund site in the first place.
It traveled 1-1/2 miles to my house. I’m more worried about the wells and our groundwater aquifer!
That’s my point. Exactly as Jason has shown in videos. The sand ends up everywhere, via wind, blasts, roaming domestic animals, wildlife, as it’s the perfect contamination that keeps ticking along. Every little addition adds more harm being done to NS. So it’s about time their conduct ends or becomes greatly controlled, as NS will be one toxic wasteland. It’s enough Harkness Rd and Willerval area has a high cancer rate…..all wells there. I think it’s important to note each neighborhood, who is passing away and from what also. What chemicals are in their water, chemicals used on lawns, around and on houses, that all end up absorbed into the ground, and person, eventually. The big picture. Scientists are finding microplastics in humans too now….so every bit of prevention helps us and the environment.
Haven’t they done enough damage? Why open the door to additional mining operations and operators, by granting a new overlay district. The last time this was down was the creation of the overlay district to benefit Green Development…at least in this case, the planner isn’t being circumvented..nothing good will come of this if allowed.
It’s about time North Smithfield stops being a dumping ground. That hole would fill up many dump trucks!!!! Soon it will be Mount Trashmore. We need to stop this insanity where people think they can do whatever for profit.