NORTH SMITHFIELD – Decisions on how to handle the license for a junk yard on Iron Mine Hill Road were once again delayed last week, with members of the Town Council unsure on whether or not to hire consultants to review the business’s compliance with environmental standards.
Leo’s Auto Salvage was ordered in December to remedy code violations on their property by crushing and removing hundreds of vehicles along with debris. At the time, neighbors told councilors of many complaints with the business including garbage on the lot, delivery vehicles blocking the roadway and concerns that activities could pose a threat to the environment.
The property at 955 Iron Mine Hill Road was also in violation of fire safety standards at that time, and concerns with the operations covered everything from the absence of fencing required by town ordinance, to compliance with the state Department of Business Regulation.
In the months since, owner Edward Hernandez Terrero has reportedly conformed with fire code requirements and satisfied previous concerns expressed by Building Inspector Leo Cote.
“He has made substantial progress removing a lot of cars,” Cote told the council at their meeting on Tuesday, Feb. 17. “The yard is opened up. It’s safe. I don’t see any reason not to let him operate there anymore.”
Councilors were not convinced, however, pointing in part to the town ordinance that fencing shields operations from the surrounding neighborhood.
“He hasn’t abided by anything as far as I’m concerned. I drove down Iron Mine Hill Road today and you can still see the junkyard from the street,” said Councilor David Punchak. “You can see the piles of cars stacked up over the fence. You can see everything.”
The lot has long held an auto salvage yard and was allowed to continue operations in the residential neighborhood for decades as a pre-existing, non-conforming use. But a reported expansion into bulk operations and general junk processing led to numerous complaints from neighbors, shining light on a host of other potential issues – including questions on what happens to the gas and other fluids when vehicles are crushed on the property.
“People may not realize that that’s over the main aquifer for Woonsocket and North Smithfield,” said Councilor Claire O’Hara. “I know Woonsocket’s very concerned. It’s a serious thing. I know that people have to make a living, but not at the expense of our environment.”
Last week, councilors received a proposal from GZA Environmental for an evaluation of the governing statutes and compliance with environmental standards on the roughly five-acre lot at a cost of $17,500.
“The expectation is a comprehensive overview,” said Town Administrator Scott Gibbs of the proposal. “We’ve had a lot of conversations about what they’re supposed to be doing, and what they don’t have to do, and it goes around and around. We needed a third party to come in and say what do they actually have to comply with in terms of state and federal regulations.”
Punchak questioned what more the assessment would tell councilors beyond what was stated in the document, which lays out the recent history. The proposal notes that the Rhode Island Department of Environmental Management has visited the property twice in recent months following complaints and found no violations.
“I think it’s a lot of money to have that,” he said. “I don’t know that what we’re going to get from this is really substantial.”
Gibbs noted that the council asked him to get the costs for both legal and environmental services related to the property.
“We just felt that for the purpose of guiding the council in their discussions and interactions they needed an independent third party to come in and give us a comprehensive assessment,” Gibbs said.
Councilor Rebecca DeCristofaro questioned why an outside party was needed to evaluate compliance.
“I find it frustrating that we need to pay – or potentially pay – GZA to do a document review, when these documents should be understood by our applicant as well as our administration,” DeCristofaro said.
“I just don’t think it’s that clear councilwoman,” replied Gibbs. “Quite frankly, the regulations are not always black and white like we think they are and I just thought there would be value to have an objective third party to tell us this is what they have to do.”
DeCristofaro read the proposal, which includes a review of permits with the RIDEM, consideration of impact to water quality and licensing with DBR as well as town regulatory requirements, and a field inspection. GZA would complete the assessment by providing a report and a summary to the Town Council.
“I see a lot of value in that site visit,” she said. “I’m having a hard time understanding why we need to pay somebody to compare their current operational footprint and methodologies to requirements.”
Punchak said he could tell that the property was not in compliance with the freshwater wetlands permit.
“I have a hard time, like Rebecca,” he said. “We didn’t create this situation.”
DeCristafaro also questioned whose job it is to engage with RIDEM.
“I just feel like there might be a gap somewhere, and that’s why it’s not being addressed and we don’t have the answers that we need,” she said.
On the fencing issue, Cote noted that around a third of the property is currently fenced, but that a lot of the yard is covered by vacant woodland.
“He can’t go across the wetlands with the fence,” said Cote. “He’s going to be planting vegetation in the spring.”
Punchak asked if councilors could get a plan for the site showing what would be fenced and what would instead have vegetation.
“I can work with him on it,” Cote responded.
Council President Kimberly Alves described the proposed GZA review as “a good place to start” in understanding issues and requirements for the property. Acting on Terrero’s behalf, Attorney Christopher Zangari said he had a packet of materials documenting work done on the lot to date.
Councilors voted unanimosly to table the issue to their next meeting on Monday, March 2. Councilor John Beauregard was not present at the meeting.
DeCristofaro said the delay will give councilors time to review the proposal, receive a site plan and consider Zangari’s materials.
“I know that people would like an answer on this,” she said. “There’s still a lot of information that we need in order to make an informed decision.”
Kick the can again instof making the right decision.