Tiverton council continues hearing on zoning change to allow construction-and-demolition processing facility after hours of public comment

The Tiverton Town Council on Monday opened a public hearing on a proposed zoning amendment that would allow construction-and-demolition (C&D) debris processing facilities in the town’s Planned Development Park, heard detailed testimony from the applicant and more than two dozen residents, then voted to continue the matter to Aug. 12 to allow further review and collection of technical information.

The applicant’s attorney described the proposed ordinance and the operational controls required by state regulation, while dozens of residents and local officials raised concerns about fire risk, odors, groundwater contamination and traffic. Councilor deMedeiros moved to continue the hearing to give the council and the public time to digest the testimony and additional materials; the council approved the continuance, amended to Aug. 12.

The attorney for the petitioner told the council the proposed ordinance would limit C&D processing to the business park and would require a special-use permit and review by the planning board before any facility could be built. He summarized regulatory safeguards that would apply under Rhode Island Department of Environmental Management (RIDEM) rules and the draft local ordinance: operational plans, dust/odor/ vector controls, contingency and fire plans, closure plans and a closure bond, and mandatory water testing for the site even if state rules did not require it. He said the facility would not operate as a landfill and that RIDEM rules would limit on-site storage: 75% of materials received must be removed within six weeks and no material may be stored more than three months.

Residents who spoke described proximity to Stafford Pond, nearby schools and neighborhoods and a history of fires and nuisance at similar facilities elsewhere. Speakers described specific hazards residents believe could arise if a C&D facility were approved: hydrogen sulfide gas generation from certain piles, risk of self-heating and fires in large outdoor piles, asbestos and lead exposure from processing older building materials, long-lasting smoke events, stormwater and groundwater contamination, and increased heavy-truck traffic on roads they described as narrow and deteriorated. Several speakers urged the council to preserve the business park for lighter, higher-tax-generating uses called for in the town comprehensive plan and the planning board’s guidance.

The planning-board recommendation was mentioned: the planning board evaluated the petitioner’s ordinance and had earlier determined the amendment was consistent with the town comprehensive land-use plan, subject to site-level review. Councilors and residents repeatedly requested additional technical data, particularly hydrology and groundwater testing and demonstrable enforcement capacity from RIDEM and the town; multiple speakers noted RIDEM’s limited enforcement resources.

After roughly four hours of testimony the council voted to continue the public hearing to Aug. 12 to allow time for additional documentation and to ensure a full council quorum for the deliberation.

A continued hearing will allow the council to review water-quality and hydrology information, the planning board’s final implementation checklist, and any additional material the petitioner supplies. Until the council votes on the ordinance amendment, C&D processing remains prohibited in the Planned Development Park and any future facility would still require the planning-board special-use permit and other state approvals.

Votes at a glance: the council voted to continue the public hearing to Aug. 12 (motion carried; recorded vote: majority in favor; Councilor Burke opposed).

What’s next: the council’s Aug. 12 agenda will include the continuation of the public hearing and any supplemental reports the planning board, the petitioner or RIDEM provide.