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North Smithfield zoning board continues hearing on M and M Transport’s above‑ground tank after engineers, regulators requested
Summary
The Zoning Board continued M and M Transport’s request for permission related to an above‑ground fuel storage tank at 44 Railroad St., asking for stamped engineering plans, written RI DEM compliance confirmation, fire-department review and clarity on whether modifying a 1995 zoning decision was properly advertised.
The North Smithfield Zoning Board of Review on Dec. 10 continued an application from M and M Transport Services LLC seeking a special‑use permit to authorize an above‑ground storage tank and relief to modify conditions of an April 25, 1995 zoning board decision concerning the property at 44 Railroad Street (Plat 4, Lot 187).
John Mancini, attorney for the applicant, said the filing seeks authority for an accessory above‑ground storage tank under section 3-40-3.3 and relief under the district use regulations. He also said the applicant may be requesting a dimensional variance or modification of the 1995 ZBR decision to allow paving and storage in the rear of the building that the earlier decision had restricted.
Board members and counsel focused on multiple technical and procedural issues. The chair and others asked for a clear, stamped site plan and an overlay showing what work already exists beyond the 1995 conditions. They asked Conneco/Coneco (engineer) to state in writing whether the site’s drainage features (catch basins or dry wells) are functional and whether any on‑site drainage discharges to a qualified system. The board also requested a written, stamped opinion that the work done to date complies with Rhode Island Department of Environmental Management (DEM) rules for above‑ground storage tanks, citing the DEM registration form and a stop‑work order in the record.
The chair noted photographs in the record that appear to show screening removed along the south property line and concrete pads added behind the building. He asked the applicant to explain whether those changes were violations of the 1995 decision and to include any such alterations in an amended application.
Board members also asked for the fire department to review the installation and for the planning board or town planner to confirm whether planning‑board review is required for the unpermitted improvements. Counsel said the applicant would have the engineer available to testify and would supply revised and clarified materials.
The board made and approved a motion to continue the matter to a date certain of Jan. 28, 2025, to allow the applicant to provide the requested stamped plans, written engineer statements about drainage and DEM compliance, fire‑department review, and any required notifications or re‑advertising if the relief modifies the 1995 decision.
The record includes a letter from M and M Transport that the chair read into the record stating, in part, "we will continue to work on cement pads, poles, and paving at our own risk until complete," signed by Mark Wasowski, president. The board noted a stop‑work order (No. 23‑27.3‑123) prepared by the building and zoning official and several technical memoranda from the applicant’s engineer.
