Richmond Planning Board Meeting Update for March 14th 2023

By Cynthia Drummond for the BRVCA
March 18th 2023

RICHMOND – Members of the Planning Board spent much of Tuesday’s meeting listening to input on proposed amendments to the aquifer protection ordinance from Paul Mihailides, the developer of The Preserve Sporting Club & Residences, and his attorney, Americo Scungio.

While the amendments to the ordinance have not yet been approved by the Town Council, Mihailides is concerned that they will hamper his future development plans.

The proposed changes, intended to protect the town’s groundwater, divide activities in the aquifer protection zone into three categories: permitted, permitted with a special use permit, and prohibited.

The Planning Board has also recommended the creation of two sub-districts within the aquifer protection overlay district, often referred to as the APOD. Sub-district A, with the most restricted use regulations, includes the sole source aquifer and well head protection areas. Sub-district B comprises groundwater recharge areas.

Scungio began by reminding the council that the board’s approval of Phase 2 of the development had required a hydrogeologic study, which he hoped would not have to be conducted again.

“This was back in 2018, and had specific findings in those reports and in those hearings that there was no adverse effect upon the aquifer – all of the uses that were proposed in the master plan, so if you pass the APOD and apply it to the master plan approval, you’re basically requiring The Preserve to do the exact same work again, subject to your review again, which you’ve already reviewed,” he said.

Town Solicitor Karen Ellsworth said the town did not intend to require another study.

“We’ve already said that we’re not going do that,” she said.

“Anything that received master plan approval under the regulations and the ordinance, as they existed at that time, is vested.”

Board Chair Philip Damicis added,

“As long as it’s a use that was proposed in the master plan. If you deviate from that, then you would have to do a hydrogeologic study to determine what the impact of that change is.”

One issue is a proposed brew pub, which the board approved in the master plan, but only for beer sold on the premises. Brew pubs are known to consume a lot of water.

“The concern with the brew pub is, brew pubs can often start off relatively small,” Damicis said. “Take the Tilted Barn. [located in Exeter] It started out very small and I’m glad they were successful, but they got very successful and the concern is, you could reach a point where you’re pulling a significant of water out of the aquifer.”

Town Planner Shaun Lacey said the brew pub activity was not in the town’s zoning use code and unique to the “planned development resort” zone created especially for The Preserve.

“The benefit, I think, of having the brew pub as a unique use within the PDR district allows you to position yourself to allow that type of application, that type of use, with a special use permit within the confines of your own property, as long as it’s outside of sub-district – A, which is the wellhead protection.”

Scungio asked several questions about water - use benchmarks and how the town would determine whether too much water was being withdrawn.

Mihailides told the board that he already had permission from the state to withdraw 600,000 gallons of water per day to irrigate his gold course.

“We’re not using a fraction of that,” he said. “600,000 gallons a day. So, I don’t know how many six-packs of booze that makes.

We could never get to that point, and to take away something that we already have. It’s nuances.”

Damicis said the overarching purpose of the amendments was to protect the town’s water supply, and that he and Ellsworth would contact the town’s consulting engineers, GZA GeoEnvironmental, to try to get an idea of a water - use limit that would protect the town and satisfy The Preserve.

Mihailides also wanted assurances that the two helipads on the property would not be impacted.

“We don’t want to be limited where a member can land a helicopter on the property,” he said.

Ellsworth replied that the ordinance amendments would not affect the helipads that were already there.

The concern, she and Damicis told Mihailides, was the potential for spilled fuel contaminating the groundwater. Mihailides replied that helicopters would not be fueled on the pads.

Board members moved on to the planned equestrian complex which will include polo grounds.

Board member Dan Madnick said the equestrian complex was already a permitted use.

“I’m trying to make it work for you and work for the town and try not to make it too difficult for you to do business there, and also protect the water resource,” he told Mihailides.

Ellsworth reiterated that the uses already approved in the master plan were permitted, but if Mihailides wanted to build a second hotel in Sub-zone A, over the aquifer, he would need to apply for a special use permit.

Damicis said the board would consult with GZA and submit a revised draft of the amendments at the board’s first meeting in April. 

In other business, Lacey presented a brief overview of new development applications and members discussed the 14-bill package of proposed state housing legislation.

Before the meeting adjourned, Damicis introduced the newest board member, Daniel Ashworth, a Pawtucket police officer who also works part time as a firearms instructor at The Preserve.

Ashworth did not recuse himself from the proceedings pertaining to The Preserve, and did not speak during that segment of the meeting.

Ashworth was advised by Ellsworth when he was first appointed to request an opinion from the Rhode Island Ethics Commission regarding his participation in matters relating to The Preserve, and he is reported to be waiting for the commission to issue an opinion.