Council Approves Zoning Changes for Water Chlorination System
By Cynthia Drummond for BRVCA
May 22nd 2024
RICHMOND – Council members began Tuesday’s meeting by voting four to one, with councilor Michael Colasante opposed, to hire the firm, De Sisto Law to represent the town in the review by the Rhode Island Supreme Court of a decision by Superior Court Justice Sarah Taft – Carter ordering the Richmond Zoning Board to issue a special use permit for a solar energy project on Beaver River Road.
The town, which was represented at the time by former Town Solicitor Karen Ellsworth and abutting homeowner, John Peixinho, represented by attorney Tom Dickinson, filed separate petitions to the Supreme Court for a Writ of Certiorari, which that court granted in April. The writ paves the way for a review by the Supreme Court of the lower court decision.
Zoning Amendments Approved
During a public hearing at Tuesday’s meeting, members considered and approved two amendments to the town’s Comprehensive Community Plan Future Land Use Map and Zoning Map to allow the installation of a drinking water chlorination system on a 28-acre parcel on KG Ranch Road.
The two amendments are both necessary for the installation of a 4-log chlorination system for the town’s drinking water supply. The comprehensive plan and the zoning map were changed from “Conservation and Open Space” to “Public and Governmental.”
The hearing was attended by engineer Robert Ferrari of Northeast Water Solutions, the town’s water supplier. LaFramboise Water Service Inc. was awarded the contract to build the chlorination system, and the state permits for the new system are already in place.
There were several questions from nearby homeowners, including Dennis McGinity, who said he was concerned about the potential for accidents involving chlorine.
“Why do you have to put it next to a residential area?” he asked Ferrari. “If you’re storing chlorine there, what happens if there’s an accident? What about the property owners down here? How do they get protected? Flushing water with chlorine in it, if something happens to that pump house, why do we have to put it so close to residents of the town?”
Ferrari noted that the system would be using sodium hypochlorite, not the more dangerous, gaseous form of chlorine. The monitoring station, he said, had to be located a certain distance from the point at which the sodium hypochlorite is added.
Another resident said she was concerned that frequent flooding in the neighborhood would damage the new system.
“Is there any concern at all, because, I don’t know exactly where it is, but looking where you marked it on Dennis’s [McGinity] map, it looks as though it could be in an area that floods,” she said.
Ferrari replied that flood risk had to be considered in order to comply with state and federal regulations.
“Part of the evaluation that we had to do for the freshwater wetlands application to DEM, we had to evaluate flooding and if we were in a floodplain,” he said. “…We have new federal requirements that essentially mandate that critical components of water systems are not supposed to be in a floodplain, unless you take mitigating steps to prevent flooding. Now, relative to the fact that you could have a significant storm event - you probably could get flooding in a lot of places with a significant storm event. The little enclosure is mounted on a concrete bed. The concrete bed has an elevation sufficiently high above the grade elevation to prevent flood waters from getting into the enclosure.”
There were also questions about possible vandalism. Ferrari said the system would be enclosed by a fence.
Council President Mark Trimmer asked whether the fence might be further enhanced.
“This chain link fence, would it have razor wire and/or barbed wire along the top?” he asked Ferrari.
Ferrari replied,
“We’re happy to take input from the town on that, but right now, it’s a basic, garden variety chain link security fence.”
Councilor Samantha Wilcox made a motion to approve the zoning amendments, which the council unanimously approved.
Accessory Dwelling Units
The council approved, at a second public hearing, changes to the town’s zoning ordinance and comprehensive plan to comply with recent changes to state laws regarding land development regulations.
Town Planner Talia Jalette explained the changes, which include the elimination of public informational meetings, the reconfiguration of the responsibilities of the Planning Board and Zoning Board, changes to the criteria for special use permits, and the introduction of a new appeals process in Rhode Island Superior Court that replaces the State Housing Appeals Board, known as SHAB.
“You’ve all received this packet, which includes all of the memos that I’ve drafted about those changes, as well as the texts of each of the chapters that have been amended,” she said, adding that the council could approve the amendments at that meeting or continue the hearing to another date.
Councilor Helen Sheehan asked whether accessory dwelling units, or ADUs, which are a component of the state legislation, were optional or whether towns would be required to allow them.
“A municipality has the ability to deny ADUs in their entirety, but any community that allows ADUs has to allow them within the scope of what’s allowed in the state law,” Jalette replied.
Colasante said he believed ADUs would make it possible for some of Richmond’s older residents to remain in their homes.
“We have a lot of aging population here in Richmond and they have a big home, or, I mean, these beautiful garages, with lofts, that they could rent to supplement their income, to help them stay in Richmond,” he said.
Trimmer said he also supported ADUs as a source of additional revenue for residents.
After one chapter of the amended ordinance was set aside for further consideration and additional editing, the council voted to close the hearing and continue that chapter to a public hearing at the next council meeting.
Road Work
Town Administrator Karen Pinch requested and received council approval to award several paving contracts to the Narragansett Improvement Company.
“All four had the same low bidder, Narragansett Improvement Company,” she said.
The bids were:
$343,442 for Punch Bowl Trail, $573,200.20 for New London Turnpike, Wendy Lane, $122,031.25 and Tefft Hill, $343,442. The council approved the contracts.
Pinch also received council approval to hire Carleton Viveiros as a truck driver/laborer for the Department of Public Works.