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Smithfield council continues public hearing on Davis Liquid Waste overlay to April
Summary
The Smithfield Town Council agreed to keep open a public hearing on proposed zoning overlay language for the Davis Liquid Waste Superfund Site groundwater protection district until the council's first April meeting after the property owner sought more time to consult with state agencies.
The Smithfield Town Council on March 4 voted to continue a public hearing on proposed zoning ordinance amendments that would add a Davis Liquid Waste Superfund Site Groundwater Protection overlay district until the council's first meeting in April.
The continuance follows a request from Joe Carnivale, who said he represents Fish and Bear Properties, owner of a 152-acre parcel on the western edge of the proposed overlay. Carnivale told the council he sought additional time to obtain guidance from the U.S. Environmental Protection Agency and the Rhode Island Department of Environmental Management on whether a portion of his client's parcel could be excluded from the overlay without affecting the groundwater plume.
Carnivale said he received no timely response from EPA and that, after a referral, he spoke the same day with Joe Biss of EHS Solutions and that Biss provided names at RIDEM to contact. A town official present said the solicitor and staff have been in contact with the agencies and recommended allowing more time for them to work through details.
Council members moved and approved a motion to continue the public hearing to the first meeting in April. There was no vote count provided in the transcript beyond the chair's announcement that "Ayes have it." The council also instructed staff to coordinate with parties and the solicitor as they pursue agency feedback.
The ordinance language being considered would add a Section 9.5 to Article 9 establishing an overlay district described in the meeting packet as "Davis Liquid Waste Superfund Site Groundwater Protection, Overlake District." The record includes reference to a 2021 comfort letter previously issued to Fish and Bear, and Carnivale described attempts to reach individuals who signed that letter.
The council's action preserves the public hearing record and gives applicants and staff additional time to seek technical guidance from EPA and RIDEM before the council takes final action.
