Calls for Planning Chair Resignation, Pole Controversy Continues

By Cynthia Drummond for BRVCA

November 20th 2024

Clarification:

 In this story it was stated that both the town and the Planning Board had approved the track. 

We have learned that the Planning Board, in Aug. 2023, recommended that the Town Council approve the zoning change and new use code which were necessary for the track to operate legally on that property. The council approved the zone change and use code at the Sept. 5, 2023 meeting.

The final plan for the track has not yet been approved.

RICHMOND – A local business owner is calling on Planning Board Chair Philip Damicis to resign after Damicis described him in insulting terms at Monday’s Planning Board meeting.

The calls for Damicis to resign continued at the Town Council meeting that took place on Tuesday,                                   

Council members also denied a request to install electrical transmission poles for the controversial Beaver River solar energy facility.

The Planning Board Meeting

Annoyed that his plan to open a food service kitchen at his motocross track would mean complying with additional regulatory requirements, Buttonwoods MX owner Jordan Carlson attended the Planning Board meeting on Monday.

The only item on the agenda was a public hearing on the unified development plan review for a dog daycare center, “Pavlov’s Playcare,” but Carlson dominated the proceedings.

The discussion began with Carlson asking the board for a definition of the word “facility.” The question appears to be in connection with a town ordinance pertaining to issues with sound.

“I’m not aware of a definition of the word ‘facility’ in our town ordinance,” Damicis said.

As Carlson persisted, Damicis asked him to end his comments, because his two - minute comment time was up.

After Damicis repeated his statement that the board did not have definitions for every term in town ordinances, Carlson became angry.

You guys are al fascist dictators and you’re talking for people,” he said.

Damicis asked him once again to sit down.

“I’m trying to be as nice as possible,” Carlson said.

“All you’re doing is disrupting a public meeting, Damicis replied.

As the dog daycare applicants looked on, Carlson continued his tirade.

“This lady’s trying to open a simple business,” he said. “You run people rampant here. It’s crazy. Yes, I support them. I hope they have a great business here, but unfortunately, they’re probably not, with assholes like this.”

It was then that Damicis appeared to lose his composure and said, as Carlson continued to talk over him, “you are a worthless piece of crap.”

Carlson added,

“There’s nobody here f---ing arguing for the fact that you spent your money for your lawyer, you sent out notifications. Nobody’s here, and you’ve got all dickheads making straw man arguments for people that aren’t here.”

The board voted to grant the two variances requested by the daycare applicants and approved the preliminary plan.

The Council Meeting

Incensed by his treatment by the Planning Board, and Damicis in particular, Carlson took to social media to urge his supporters to attend the Town Council meeting and demand that Damicis resign.

“I call for the immediate resignation or firing of Phil Damicis. [sic] Chairman of the planning board,” Carlson wrote. “He called me, a private citizen a ‘worthless piece of garbage’ for asking for a definition of the word ‘facility’.

The Planning Board and the Town Council both approved the construction of the motocross track. Town Council President Mark Trimmer, himself a motorcycle enthusiast, was an early supporter, but reached on Wednesday, he said he was disappointed that Carlson was attacking the town.

“You had good will with the town,” he said. “It took a lot of work to convince everybody that a motocross track is a good thing. You’re squandering good will. Stop while you’re ahead.”

It is unlikely that the council will ask Damicis, a longtime member of the Planning Board, to resign. However, Trimmer said he should issue an apology.

“I admire Phil, and I think he’s doing an incredible service,” he said. “It just wasn’t a good look. By his behavior, he justified Carlson’s behavior. I think you should be held to a higher standard if you’re a member of a board.”

Councilor Samantha Wilcox said she would not call on Damicis to resign, either.

“I will not be calling for his resignation or removal from the Planning Board,” she said. “Mr. Damicis has been a member of the board for many years and he’s a valuable member with a lot of institutional knowledge. However, he should publicly apologize, and I think the Planning Board should try to follow Robert’s Rules of Order. They don’t, usually.”

Planning Board Vice Chair Dan Madnick, who was recently elected to the Town Council, said he did not believe that Damicis should resign.

“No, I do not think so, but I do think it is worthwhile to reflect on the behavior of the person who spoke at the public hearing and Phil’s response, which deserves some reflection, and an apology,” he said. “There isn’t a lot of experience handling that situation, but two wrongs do not make a right.”

The Electric Poles

The council continued to grapple with the placement and installation of transmission poles for Beaver River Road solar energy project.

On Tuesday, council members approved Rhode Island Energy’s requests to install two poles, but voted against the installation of two additional poles on Shannock Hill Road.

Attorney David Martland, who represents Peixinho, pointed out that five new poles had recently been installed and despite assurances that the transmission lines would be underground, they are not.

“That was supposed to be part of an underground distribution system along that portion,” he said. “I understand that once it gets off premises, down further, it transitions to an above-ground system, but if you look at what’s happening, this has now turned into an above-ground distribution system coming from the property.”

Martland suggested the council and the Zoning Officer, take a look at the poles, as well as the application approved by the town.

Town Solicitor Christopher Zangari said the issue would not be addressed at the Tuesday meeting.

“…counsel is arguing there are poles being placed above ground within the solar field. That’s not before you this evening. If, in fact, that’s a zoning enforcement issue, that’s fine. That’s for a later time,” he told the council.

Trimmer said the above-ground poles that went up last week were not on the council agenda and therefore, could not be discussed.

Councilor Michael Colasante made a motion to approve the installation of the two poles on Shannock Hill Road. Colasante and Councilor Helen Sheehan voted to approve the motion but Trimmer, Wilcox and council Vice President Richard Nassaney voted against it, so the motion failed.

“My reasoning for voting against it was I was concerned that there’re going to be more,” Wilcox said. “If you give a mouse a cookie, they’ll ask for a glass of milk. They keep asking for more and more, and I’m concerned it’ll make the town look bad for our pending litigation.”

(Wilcox is referring to the Rhode Island Supreme Court’s granting of two petitions, one for the town and one from property owner John Peixinho, to examine the Superior Court’s decision that ordered the town to grant a special use permit for the solar project.)

However, it now appears that the council members who opposed the motion may have to change their votes. New information has come to light that will probably result in the approval of the disputed poles.

The applicant, Beaver River I LLC, owned by Green Development, must complete the installation of the transmission lines before the end of the year, or risk losing renewable energy tax credits. Wilcox explained that the delay could result in the company taking legal action against the town.

“Green Energy needs to connect by the end of this year, in order to receive certain tax credits for solar installations,” she said. “My concern is the town, and attorney [Christopher] Zengari’s advice was that if the town is the one causing this obstacle, then it could be a potential lawsuit towards the town. I want to approve the poles, because I don’t want to see the town go into further litigation and spend taxpayer dollars on that.”

The special Town Council meeting is expected to take place next week, although the day and time remain to be confirmed.