NORTH SMITHFIELD – When town councilors postponed a decision in March on a proposed zone change for Material Sand & Stone’s mining operation on Pine Hill Road to pursue an independent evaluation of some of the business’s claims, their plan was to revisit the issue in May.
The business, which has operated a quarry on their 89-acre property for decades without proper town permitting thanks to litigation, was ordered by a Rhode Island Superior Court judge in 2023 to work with North Smithfield officials on administrative solutions to their ongoing lawsuits against the town.
In January, the company revealed their proposed remedy, requesting the town create a new zoning district for the property where earth extraction is permitted, a change in town law that would essentially override a moratorium put in place on the activity in 1970s. Some of the land in the long-standing operation was grandfathered in prior to the mining moratorium, but town officials had long disputed the addition of a second lot to the business, and the company had not followed many of the requirements laid out in the town’s ordinance.
After hearing hours of paid expert testimony in favor of Material Sand’s requested zone change at public hearings this February and March, North Smithfield councilors voted to delay further deliberations on the issue until the statements could be evaluated. And as the business making the request, Material Sand agreed to pay for that peer review – with experts to be hired and chosen by town officials.
Material Sand later asked to expand the scope of the review to include one-on-one interviews with their experts.
Now, more than three months after the expected date of a presentation, Town Administrator Scott Gibbs says it is unclear if the review will be ready by the latest proposed deadline in mid-September.
“We have been working through the town planner for five weeks coordinating this, and a lot of things have not really come to fruition,” said Gibbs on Monday. “One of the problems is that their lead expert has been on prolonged vacation for six weeks. He doesn’t return until after Labor Day.”
The explanation this week came after one resident questioned the delays.
“It’s obvious from an outsider’s point of view, it’s been way too long,” said Richard Grubb. “I understand there are reasons.”
Gibbs noted that initially, town officials had trouble finding people to perform the task.
“It took a lot of work,” he said. “Nobody would bite on it.”
In June, the town finally chose GZA GeoEnvironmental to perform the peer review, saying a presentation might be scheduled for July 21.
In July, Gibbs said the presentation would be scheduled for August 18.
In early August, he said the firm was not ready, announcing a new date for the council’s second meeting in September.
On Monday, after Gibbs said the latest date is also uncertain, Councilor John Beauregard questioned the added wait time, noting councilors only requested that independent group review meeting video.
“What do we care if their guy’s on vacation?” asked Beauregard.
Gibbs responded that Material Sand’s “key expert” has been away, and that GZA needs a conversation with him as part of their fact finding.
“They need to talk to this gentleman and he has not been available,” Gibbs said. “This guy is the critical guy for Material. He’s the expert and peer review needs to talk to their expert.”
Council President Kimberly Alves requested records of regulation activities related to the business at a hearing in February, but Gibbs noted this week that Material Sand has not submitted any documentation to the town to accompany their proposal.
“Right now, all they’ve been able to go through are the videos of the public hearings,” he said. “Now, they need to be able to meet one- on-one with those experts to ask any questions so they can finalize their report. We provided them all the videos a long time ago.”
Beauregard questioned if the town should move forward with a peer review that does not include the interview.
“If they want to delay, that’s their problem,” Beauregard said.
“I don’t want Material to turn around and say that they’re not going to pay now,” replied Alves of the review – estimated to cost roughly $12,000.
“That’s a fear of mine,” said Gibbs. “They’re not obligated to pay. They’ve agreed to pay.”
Councilor David Punchak noted that the expanded scope was not what the council originally requested.
“The only reason they expanded the scope – and that was Material expanding the scope – was they wanted interviews,” said Gibbs.
The administrator said he”s still hopeful a presentation can be made at the council’s meeting on Monday, Sept. 8, that he plans to advertise the date and that he’ll be “watching closely” to make sure GZA is “fully ready.”
“Not happy, but we’re not in control of it,” Gibbs said.
Seems the town is at the mercy of whatever this company wants to do, call the shots, amidst a missing guy on a waaay long vaca….because they are paying, agreement only…yup, k. What a setup that this town fell for! These company guys are pros at the con game. Is this town blind? Mr B isn’t. I think he sees through their game plan.
I’d call their bluff, and say, get this guy out of ‘vaca’, or no go. Postponed for at least a year…buy bye.… And BTW, we pay. See how fast he comes out of hiding. This is way too much of a stall, to not see through this company’s con game by now.
Mr Gibbs is a big disappointment. You need to constantly monitor and demand action and not just sit ideally bye waiting for something to happen. Mr. Gibbs get involved and show some concern for the citizens of NS unless you support the business and do not care about the environment.
Delay, delay, delay is the MO of MSSC. By the time this gets resolved, MSSC will have finished excavating all of the 32 acres in question that can be mined.
This is by design. It has worked for them since initial suit in 1991.
It has worked for 34 years, why change now?
The last line says it all, “Not happy, but we’re not in control of it”. Mr Gibbs unwittingly gave us a description of what’s been happening with administration of our town, at least how it relates to the quarry, since the 1990s.
Thank you for pointing out the judge ordered the business to work with the town. Our administration seems to have forgotten that fact. Sadly, that judge retired in May. Who knows what’s going to happen now?
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I think exactly what Jason says….he has been so on top of this, for years, it really is insulting to all his hard work, to have/see, a weak leadership. Leaders need to just nullify agreement, enact a more powerful and forceful stance, otherwise will continue doing as they choose just like Jason says. They hold no fear of authority.
If the town did not lay down a start and certain end date of decision, then, weak again.
How on earth do they expect to get anything done if everything is always up in the air, delayed, to their disadvantage. ****Unless of course you already sense the town will decide in their favor….and why they don’t push it….****