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Tiverton council narrows temporary utility lay‑down ordinance after residents raise concerns

Tiverton Town Council · September 9, 2024
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Summary

After residents objected to proposed temporary storage of utility equipment near neighborhoods, the Tiverton Town Council approved an amended ordinance limiting lay‑down yards to the town’s planned development park and adding a four‑year sunset; the motion passed 6–1.

The Tiverton Town Council on Tuesday approved an amended ordinance to allow temporary storage of nonhazardous materials and equipment for licensed public utilities, but narrowed where and how the use may occur after sustained public concern.

The ordinance as adopted permits a public utility to use a temporary "lay‑down" or open‑lot storage area for a permitted utility project for up to 18 months, with the council able to grant a second 18‑month extension. Councilors added two amendments before the final vote: the use is limited to the town’s Planned Development Park (the town‑owned business/industrial park area) and the ordinance will include a sunset clause ending the special allowance four years after the project start date (the council discussed an illustrative date of January 1, 2029).

Residents who spoke at the public hearing said allowing the use in general commercial zones could place large equipment and unsecured containers near homes, creating visual blight, safety risks and mosquito breeding hazards. "General commercial is surrounded by neighborhoods," said planning‑board speaker Susan Anderson, urging the council to keep the use in industrial zones. Gail Lawrence said she worried about truck turning radii, unsecured equipment and the "junkyard" look temporary storage areas can create near residences.

Rhode Island Energy representative Mister Watson told the council the lay‑down area is intended to minimize disruption along the right‑of‑way by staging steel poles, wire and other structures at a nearby, temporary site and bringing materials to the right‑of‑way only when needed. He said the work involves replacing aging wooden poles and wires with steel structures and new conductor and that staging materials reduces repeated heavy traffic through residential streets.

Council discussion focused on balancing the utility’s infrastructure timeline and the town’s quality‑of‑life concerns. Councilor Burke proposed a sunset clause to ensure any new allowance is strictly time‑limited; Burke’s amendment passed and was included in the final motion. Council debate also emphasized requiring the utility to provide a list of stored materials, measures to control dust and noise, and ensuring the building official can restrict locations if a chosen parcel is inappropriate because of wetlands or other constraints.

The final motion to approve the ordinance as amended passed by a 6–1 vote. The council did not specify an ordinance number at the meeting; the solicitor was directed to incorporate the adopted amendments and return a clean, final version for the town clerk.

Next steps: the solicitor will finalize language and the town will use the amended ordinance to process any future temporary storage requests from public utilities. The council also asked staff to inspect the preferred Souza Road parcel and to work with the utility about mitigation measures if the company proceeds.