North Smithfield Town Council - January 5, 2026
Meeting — January 5, 2026
Meeting overview
Agenda at a glance
| Agenda item | Summary | Outcome |
|---|---|---|
| Pound Hill Realty — Mediation Agreement | Retired justice as mediator ($400–$600/hr), 60-day window, 50-50 cost split, confidential. Beauregard's amendment made council approval of any result explicit. Public hearing continued to April 6, 2026. | Approved 4-0 (DeCristofaro recused) |
| Leo’s Auto Junkyard License — Third Hearing | Over two hours of testimony. Applicant presented EPA/DEM/OSHA compliance results. Neighbors presented aerial photos, videos of violations during abatement period, 25-violation list spanning four years, 1973 zoning scope argument. Council extended abatement-only scope 30 days to Feb 2 with administration review mandate. | Extended 30 days (5-0) |
| DPW Capital Reserve Transfer ($48,000) | Transfer from Heavy Equipment Capital Reserve to Highway Vehicle Repair. Three trucks down at start of snow season: 2016 Peterbilt ($33,813) and 2017 International ($13,526). | Approved 5-0 |
| RI Energy Pole Installation — Taylor Dr / Trout Brook Ln | 100 feet of conduit in existing easement. No road work required. | Approved 5-0 |
| Tax Supplementals ($1,433.04) | Includes the town’s first ADU on the tax rolls. | Approved 5-0 |
| Tax Abatements ($5,568.41) | Routine. | Approved 5-0 |
| Tractor Supply — Sewer Connection (934 Victory Hwy) | Peak discharge 1,160 gal/day, well within Branch River pump station capacity. | Approved 5-0 |
| Tractor Supply — Water Connection (934 Victory Hwy) | Developer extends main at own cost with curb stops to nearby commercial properties. Gate valves at intersecting roads for future residential loop. | Approved 5-0 |
| Sewer Commission — Utility Truck ($102,000) | Lowest of three bids. Herd Automall (RI-based). Funded 85% sewer capital, 15% water capital. | Approved 5-0 |
| MST — Sewer Connection (800 Central St) | Sanitary wastewater only, no industrial process water. 180 gal/day average, 792 gal/day peak. | Approved 5-0 |
| RI Infrastructure Bank Grant — Dolly Brook ($50,000) | Planning study for flooding on Dolly Brook / Mechanic Street. RFP to on-call engineers. Complete by early fall 2026. | Approved 5-0 |
| Payment of Bills | Routine. | Approved 5-0 |
Key issues and discussion
Leo’s Auto Junkyard License — Third Hearing
This was the most extensive item of the meeting, lasting over two hours. Background: the council has been considering possible revocation of the junkyard license for HT Auto LLC DBA Leo’s Auto at 955 Iron Mine Hill Road since December 1. The two formally charged violations are (1) expansion of the non-conforming use past the property boundary and (2) failure to maintain required screening/fencing. The public hearing was opened, a full round of testimony was taken, and then closed.
Applicant’s evidence (Attorney Zangieri for HT Auto): EPA focused compliance inspection October 23, 2025 — no violations identified; prior 2023 EPA violations returned to compliance by December 2023. DEM — no pending violations. OSHA complaint filed December 19, 2025, closed December 23 with no violations. Fire Captain LeBarr: two surprise inspections since December 15, both found site in compliance; cars leaving the property, fire access clear to the back property line. Zoning Officer Cody: cars removed from neighboring properties; fencing placed where requested; site safe and making progress. Attorney Zangieri confirmed under questioning that the owner received five engines during the “abatement only” period, but argued the council is compelled to renew if the two charged violations are substantially abated.
Neighbors’ evidence: Stan Zuba (910 Iron Mine Hill Road) gave an extended illustrated presentation using DEM aerial photos, videos, and legal research. His attorney’s opinion: the 1973 zoning ordinance prohibits any enlargement of a non-conforming use, and Leo’s Auto must be limited to the size and scope of operations in 1973 — approximately a small pile of cars in the rear of the farm, not a five-acre operation. Aerial photos showed the entire lot now occupied vs. the minimal 1972 footprint. Videos with metadata showed new engines and vehicles being delivered on December 31, 2025 and January 2, 2026 — in direct violation of the council’s December 15 “abatement only” motion. Aerial photos from spring 2025 showed a car crusher on-site, contradicting prior testimony that the owner could not obtain a crusher.
Carrie Roy (911 Iron Mine Hill Road) presented a 25-violation list spanning DBR findings (no vehicle records, no license displayed 2021–2025, operating on Sundays and holidays), fence construction without permits on five separate occasions, DEM wetlands violation, EPA hazardous waste container violations (four months of non-compliance), no workers’ comp insurance, no restrooms, and encroachment on neighboring properties.
Timothy Klum challenged the OSHA result, asserting the inspector found no violations only because the business was closed during the visit. He reported a phone conversation with the owner in which the owner told him the fence “wasn’t done,” contradicting the attorney’s and zoning officer’s testimony.
Key legal resolution: The solicitor was unambiguous — the council is sitting as a quasi-judicial Board of Licensure and can only decide on the two charged violations. Any revocation based on broader environmental and zoning arguments would be reversed by the Superior Court. The non-conforming use expansion and scope limitation questions are properly resolved in Superior Court or via zoning enforcement. The council voted 5-0 on DeCristofaro’s motion: extend the current abatement-only operating scope 30 days to February 2, 2026, with mandates to the administration to review additional licensing violations, pursue zoning violations in the appropriate forum, and review public health and safety concerns.
Pound Hill Realty — Mediation Agreement
The council approved a mediation agreement for the long-running Pound Hill Realty zoning litigation (seeking to rezone 89.44 acres off Pine Hill, Pound Hill, and Old Oxford Roads for mining and quarrying). Key terms: retired Rhode Island Supreme Court or Superior Court justice as mediator (estimated $400–$600/hour), mediation to begin and conclude within 60 days, neutral location, costs split 50-50, confidential per RI Rules of Evidence. Technical experts from both sides may participate.
A key amendment was proposed making council approval of any mediation result explicit — it had been only implicit in the draft. This was accepted by both sides without objection. Councilman Punchak objected to the 50-50 cost split and suggested removing the text amendment from the table entirely to put the applicant in a “take it or leave it” mediation posture; the solicitor advised keeping it as leverage. Approved 4-0 (DeCristofaro recused as an abutter). Public hearing continued to April 6, 2026.
Tractor Supply Infrastructure — Sewer & Water Connections
Sewer Commission Chairman Bill Dorey and Sewer Superintendent Bill D’Acoto presented two approvals for the new Tractor Supply store at 934 Victory Highway. Sewer: peak discharge of 1,160 gallons/day from the retail building and dog grooming station, well within Branch River pump station capacity. Water: Tractor Supply will extend the distribution main at its own cost, with curb stops dropped to nearby commercial properties (Dunkin’, bank, smoke shop, others). Gate valves will be installed at intersecting roads for potential future neighborhood loop connections. Both approved 5-0.
Dolly Brook Flooding Study — RI Infrastructure Bank Grant
The council approved a $50,000 grant agreement from the Rhode Island Infrastructure Bank Community Project Assistance Fund for a planning study on flooding issues on Dolly Brook and the Mechanic Street area. The administrator will go to RFP using on-call engineers; the study is expected to stay within the $50,000 budget and be completed by early fall 2026.
Public comments
| Speaker | Summary |
|---|---|
| Attorney Bill Landry Counsel for Pound Hill Realty, (Mediation item) |
Presented two-page mediation agreement: retired judge mediator ($400–$600/hr), 60-day window from mediator acceptance, neutral venue, 50-50 cost split, confidential, technical experts from both sides as resources. |
| Attorney Christopher Zangieri Counsel for HT Auto LLC, (Junkyard license item) |
Presented EPA inspection results (Oct 23, no violations), DEM (no pending violations), OSHA (complaint closed Dec 23, no violations), fire marshal’s compliance testimony, zoning officer’s progress testimony. Argued council is compelled to renew if two charged violations are abated. Admitted under questioning that the owner received five engines during the abatement-only period. |
| Fire Captain LeBarr North Smithfield Fire Department, (Junkyard license item) |
Two surprise inspections since December 15. Both found site in compliance. Cars leaving the property. Full fire access to back property line. No open violations. |
| Zoning Officer Mr. Cody (Junkyard license item) |
Cars removed from neighboring property, fencing installed where requested. Site is “safe” and he has “no reason to not let him operate.” Under questioning, could not say 100% that all line-of-sight areas are screened. Said if conditions today existed at the outset, he would have approved the license. |
| Stan Zuba 910 Iron Mine Hill Road, (Junkyard license item, multiple appearances) |
Most extensive citizen presentation in this series. Evidence: DEM aerial photos from 1972 and 2025 showing property grew from a small rear-of-farm operation to a 5-acre site; video of engines/vehicles delivered Dec 31 and Jan 2 during abatement-only period; car crusher visible in spring 2025 aerials contradicting prior testimony; 1973 zoning ordinance text prohibiting enlargement of non-conforming uses; attorney’s opinion that operations must be limited to 1973 footprint; DEM 2001 self-certification workbook (current owner has not signed). Requested license denial. |
| Carrie Roy 911 Iron Mine Hill Road, (Junkyard license item) |
Presented a 25-violation list spanning four years from DBR, EPA, OSHA, DEM, and town records: no license displayed 2021–2025, no vehicle records, Sunday/holiday operations, five fence projects before permits, DEM wetlands violation, EPA hazardous waste violations (four months unresolved), no workers’ comp, no restrooms, encroachment on neighbors. Called it “a pile of violations” over four years, not six weeks. |
| Timothy Klum Iron Mine Hill Road, (Junkyard license item) |
Challenged the OSHA result (business was closed during inspection). Reported a 45-minute phone call with the owner that day in which the owner said the fence “wasn’t done” — contradicting the attorney’s and zoning officer’s testimony. Described oil drums without secondary containment and risk of forklift puncture. Expressed frustration over conflicting accounts from the owner and the zoning officer. |