North Smithfield Town Council Meeting - December 15, 2025
Meeting — December 15, 2025
Meeting overview
Agenda at a glance
| Agenda item | Summary | Outcome |
|---|---|---|
| Leo’s Auto Junkyard License — Second Continuation | Second continuation of public hearing on possible license revocation (HT Auto LLC, 955 Iron Mine Hill Rd). Fire violations fully abated. Substantial car removal (~290 vehicles, 150 crushed). Screening/fencing still incomplete. Extensive public testimony on environmental concerns, groundwater, refrigerant, and insurance gaps. Motion to continue on abatement-only terms to January 5. | Continued 3-2 (O’Hara, Punchak NO) |
| Pound Hill Realty — Zoning Overlay / Mediation | Continuation of public hearing on Industrial Special Management District 1 Overlay for 89.44 acres. GZA peer review presented. Extensive abutter testimony on blast damage, silica dust, Superfund proximity, grandfathered rights. Council directed administration to pursue mediation with applicant. Public hearing continued to January 5. | Mediation authorized 4-0; hearing continued 4-0 (DeCristofaro recused) |
| Payment of Bills ($3,023,830.92) | DeCristofaro did not receive council packet; recused from vote. | Approved 4-0 |
Key issues and discussion
Leo’s Auto Junkyard License — Second Continuation
Second continuation of the public hearing on possible license revocation for HT Auto LLC (Leo’s Auto) at 955 Iron Mine Hill Road. The two formally charged violations remain: (1) expansion of the non-conforming use past the property boundary and (2) failure to maintain required screening/fencing.
Progress reported: Fire Marshal Captain LeBarre confirmed all fire violations fully abated after December 8 and 11 inspections — access aisle 22–26 ft throughout, well above NFPA 20-ft minimum. Zoning Officer Cody reported substantial car removal (over 150 crushed, 140 removed), most appliances gone, screening started but not complete. Owner Hernandez-Terrero reported approximately 290 fewer vehicles, with a portable crusher to remain through March. Attorney Zangieri presented a DEM letter dated December 11 closing their file — no oil leakage or effluent discharge found.
Extensive public testimony raised issues beyond the two charged violations. Timothy Coulombe argued the site is in Groundwater Overlay Zone 1, where junkyards are explicitly prohibited. The Groundwater Protection Committee cited Ordinance 6.19, noting the site is within the Windsocket Reservoir No. 3 watershed. Stan Zuba presented evidence of no workers’ comp insurance, no pollution insurance, no vehicle records for 160 removed cars, and contradictions in the owner’s fluid handling claims. John Gray, an EPA-certified HVAC technician, raised a question that stumped the applicant: where did the refrigerant from 150 crushed vehicles go? Under EPA rules, certified recovery is required before crushing at $10,000 per infraction. No documentation was produced.
Neighbor CJ (957 Iron Mine Hill Road) presented photos showing the first crush didn’t occur until December 8 — the day after the December 1 council meeting — and documented trucks arriving at 7:18 AM despite an 8 AM license start, along with a pattern of after-hours operations.
The council voted 3-2 (DeCristofaro/Alves motion; O’Hara and Punchak voting no) to continue the hearing to January 5, 2026 on abatement-only terms (may sell existing inventory, may not receive new vehicles). The business was required to provide within two weeks: environmental compliance documentation, protocol for this type of business, special use permit determination, fence completion, state and municipal compliance records, and evidence of insurance. O’Hara and Punchak’s no votes reflected a preference for more decisive action — either denial or full enforcement.
Pound Hill Realty — Zoning Overlay and Mediation
Continuation of the public hearing on the petition for an Industrial Special Management District 1 Overlay on an 89.44-acre parcel (Plot 7, Lot 38) off Pine Hill, Pound Hill, and Old Oxford Roads. DeCristofaro recused as an abutter; four members present.
GZA Environmental peer reviewer Tony Urbano presented his assessment. He generally concurred with the applicant’s expert testimony, with significant caveats: a dust control plan per RIDEM regulations, continued blast vibration monitoring, a site restoration plan, monitoring wells to detect water table drawdown, third-party review of the hydrogeologic study, and a performance bond or liability insurance. Critically, he acknowledged that the adjacent Western Sand & Gravel Superfund site contains 1,4-dioxane (a known carcinogen) and PFAS at detectable levels, and that deeper excavation could mobilize those contaminants in bedrock.
Abutter testimony was extensive. Multiple residents described blast damage (cracked foundations, plaster knocked off walls, one well rendered unusable). Lammer reported temporary vision impairment and inability to farm. DeCristofaro, speaking as an abutter, showed video of a dust plume migrating through a neighbor’s property. Scott Walling reported that the applicant’s attorney had described the planning board’s 13 stipulations as merely “a good start” and indicated some could not be met due to boundary line proximity. Richard Grubb provided historical context: the quarry bought the 32-acre parcel in 1987 knowing North Smithfield had prohibited new mining since 1979 and began mining without permits.
Jason Richer’s written statement (read under ADA accommodation) argued that the certificate of compliance for the original parcel was never filed within the 15-month grace period of the 1979 Earth Removal Ordinance, the 32-acre addition was explicitly denied in 2013, and public notice was deficient (200 ft given vs. 1,000 ft required).
The council authorized mediation rather than an immediate vote. The reasoning: voting NO sends the case to court where the town loses control; mediation preserves the ability to negotiate site-specific conditions, prevent overlay precedent, and bring all parties’ concerns to the table. Attorney Landry agreed to present a mediation framework by January 5. The public hearing was continued to January 5. Both motions passed 4-0.
Public comments
| Speaker | Summary |
|---|---|
| Maggie Newton 47 Summit Ave, (Open Forum) |
Urged council to vote NO on Pound Hill overlay. Business has flouted ordinances for years. Town hired GZA only to review applicant’s experts, not conduct independent testing — “audit 101” requires independent verification. |
| “Dario” Neighbor of existing Materials S&S site, (Open Forum) |
Sister detained at airport — explosive residue found on clothing from laundry dried outside during quarry blasting. Airport security called state police; identified as bomb-related compound. |
| Dominic Guiganese 2131 Providence Pike, (Open Forum) |
Lives adjacent to existing quarry. Noise, smell of tar, cannot use pool or open windows. High-end art gallery on property affected. Urged council to ‘do your job.’ |
| Timothy Coulombe 1050 Iron Mine Hill Road, (Leo’s Auto) |
Property in GA/GAA Groundwater Overlay Zone 1 — junkyards explicitly prohibited. Crook Brook Fall watershed supplies drinking water to seven municipalities across two states. EPA 2023 fines took four months to resolve. |
| Beth Newberry & Sarah LaVake Groundwater Protection Committee, (Leo’s Auto) |
Site within Windsocket Reservoir No. 3 watershed (Ordinance 6.19). Adjacent to Crook Fall Brook watershed. Ordinance requires demonstration of pollution control reliability for pre-existing non-conforming businesses. |
| Neighbor (CJ) 957 Iron Mine Hill Road, (Leo’s Auto) |
Photos showing first crush didn’t occur until December 8 (after Dec 1 meeting). Trucks arriving 7:18 AM despite 8 AM license start. Cars still piled in rear blocking fire aisle. Pattern of after-hours operations. |
| Stan Zuba 910 Iron Mine Hill Road, (Leo’s Auto) |
No workers’ comp insurance on file. No pollution or liability insurance confirmed. LLC structure enables walkaway. No vehicle records for 160 cars removed. No visible gas containment. DEM director personally involved. Contradiction between ‘fluids stay in vehicles’ and ‘hazardous waste removed 3x/year.’ |
| John Gray 2000 Pound Hill Road, (Leo’s Auto, EPA-certified HVAC tech) |
Vehicle AC systems contain refrigerant requiring certified recovery before crushing ($10K/infraction EPA). 150 cars crushed = potentially hundreds of pounds released. No refrigerant handling logs produced. Requested EPA retest of drinking water (last heavy metals test: 2019). |
| Felipe del Carmen Customer, (Leo’s Auto) |
Testified in support of owner. Motors he buys contain no oil — owner drains before sale. Drainage method: removing plug, not drilling hole. |
| Andrew Croshaw 783 Pound Hill Road, (Leo’s Auto) |
First-time attendee. Asked for more than two weeks given holidays and state agency unavailability. |
| Multiple Pound Hill Road abutters (Lammer, Bellumert, Halloran, Richardson, Walling, Grubb, others) |
Blast damage to homes and wells. Silica dust migrating onto properties. Truck traffic exceeds 20-truck/day permit. GZA based on testimony not testing. Grandfathered status never adjudicated. Applicant didn’t agree to all 13 planning board stipulations. Quarry between two Superfund sites. |
| Rebecca DeCristofaro 1931 Pound Hill Road, (speaking as abutter, recused from vote) |
Video of dust plume through neighbor’s property. 100-ft buffer insufficient. No condition for private well testing. Town enforcement capacity inadequate. Requested court-enforceable conditions. |
| Jason Richer (read by Beth Newberry, ADA accommodation) |
Certificate of compliance never filed by 1980 deadline. 32-acre addition denied 2013; quarry excavating it since. Public notice insufficient (200 ft given vs. 1,000 ft required). Comprehensive Plan conflicts with overlay. |