Bonnie Van Slyke Brings Regulation Of Quarries To Town Council Agenda
When: Monday, February 28, at 7:00 pm
Where: Webex virtual meeting, a telephonic and video remote special meeting
What: Charlestown Town Council member Bonnie Van Slyke has added a discussion and potential action regarding regulating the nuisance aspects of quarries that existed prior to zoning to include requesting the state legislature enact enabling legislation regarding quarrying and blasting to the February 28 Charlestown Town Council agenda.
Below are Town Council member Bonnie Van Slyke’s comments that were added to the agenda packet to introduce this subject.
The story of Copar Quarry in Westerly is a story of residents who bought property in a quiet corner of Charlestown, only to have the quarry suddenly begin operating as a pre-existing, nonconforming use.
In Charlestown, a number of residents are saying that current quarry operations in different parts of town are adversely affecting them. There is also the possibility that long-dormant quarries could resume operation.
There are currently no municipal regulations governing the nuisance aspects of nonconforming uses that existed prior to zoning. There is state legislation regarding fugitive dust but none regulating other possible nuisance aspects.
The town has been working on the issue of regulation for quite some time. The Town Council was advised in the past that any changes to the zoning ordinance would not affect a legal pre-existing, nonconforming use but that the Council could examine general ordinances for solutions.
In early 2014, the Town Council considered adopting a general ordinance to regulate potential nuisance elements of these nonconforming, pre-existing uses. The ordinance language was guided by existing ordinances in other towns in Rhode Island, and those in other states. The Westerly Sun reported that the draft of the ordinance was discussed at six meetings and workshops before it was approved by the Planning Commission and forwarded to the Town Council and that the ordinance attempted to strike a balance between allowing responsible businesses to continue operating while ensuring that residents and the environment were not adversely affected. Among its provisions were the establishment of a licensing procedure, restrictions on hours of operation, controls on noise and dust, and site remediation after an operation closed.
When public hearings were held on the proposed ordinance, the Town Council was challenged regarding the legality of the draft ordinance by attorneys for several extraction businesses. The Town Council withdrew the ordinance and decided the better course would be to avoid litigation and to ask for the state legislature to grant to the town of Charlestown the same legislative enabling power it had previously granted to the town of Middletown. Two resolutions were adopted in December of 2015 regarding controlling blasting and requesting enabling legislation relative to the regulation of earth removal, gravel extraction and blasting. A bill was submitted in 2016. In addition, various bills have been introduced in the state legislature. There was some good news in that the state legislature did enact legislation regarding fugitive dust.
It is time to revisit municipal regulations governing nuisance aspects of pre-existing nonconforming uses that existed prior to zoning. I suggest a first step would be to ask again for state enabling legislation.
You can learn more about Bonnie at her profile page.
February 27, 2022 @ 6:45 pm
Thank you Bonnie for your concern and advocacy. I have lived near the quarry neighborhood for decades and the quarry is a terrible neighbor. The unexpected blasts shake my home, the constant rock crushing ruins the peace & quiet from sunrise to sunset and the 18 wheelers barrel down the road all day. This is not reflective of the charm, beauty and quality of life expected in our town. There needs to be some limits and controls. I share the environmental concerns of previous writers. What are they doing to our air, trees, water table, wetlands and environment? Charlestown is better than this. Thanks again
February 27, 2022 @ 9:49 am
Residents should have some protection from this very industrial activity adjacent to residential areas.
Additionally, there should be requirements the excavation site be remediated after the work is completed.
Happy to have you on the Council tackling important issues.
Thank You, Bonnie
February 13, 2022 @ 2:47 pm
Thank you Bonnie for raising this. As a neighbor to the pit between rt 1 and old post road I am very concerned about the dust noise and habitat destruction.
February 15, 2022 @ 9:38 am
Hi Derya. Because the Town Council was not able to get to this agenda item by 11 pm at its meeting last night, this will be discussed at the Town Council meeting on February 28. In the meantime, I suggest that you send an email to the Town Council documenting your concerns and also attend the meeting on February 28 if you are available.
February 13, 2022 @ 1:45 pm
We also are concerned about the “dust bowl” creeping onto Route 1 (across from Kings Factory Rd) with the spring and summer winds. I have lived in Charlestown for many years and never knew that this was even there. A couple of years ago, it became notable with a hazy fog dust constantly blowing into Route 1 along with clear cutting of trees so that now we can see into the expansive sand pits. Can’t be good for the surrounding area between the dust and the loss of vegetation. And it’s somewhat of an eyesore. We hear constant blasts from our home in the Cross Mills neighborhood.
Thanks for addressing this. It is quite concerning to our ecosystem.
Melissa Gibson Krause
February 13, 2022 @ 1:39 pm
Definitely something that should continue to be pursued. While I don’t necessarily agree with prohibiting these pre-existing operations, the past has taught us that environmental regulation is necessary and working with consderation for neighbors if not considered voluntarily may need to addressed via regulation as well it seems
February 15, 2022 @ 9:40 am
Hi Melissa. Because the Town Council was not able to get to this agenda item by 11 pm at its meeting last night, this will be discussed at the Town Council meeting on February 28. In the meantime, I suggest that you send an email to the Town Council documenting your concerns and also attend the meeting on February 28 if you are available.
February 13, 2022 @ 11:10 am
Well said.
February 13, 2022 @ 10:20 am
Thankyou for addressing this! I have been very concerned about the SC Sand and Gravel area along Rt 1 that was once filled with not just sand, boulders, and gravel, but also soil and trees – now just one massive empty pit which extends almost entirely from Rt 1a by the police and ambulance stations all the way back to Rt1…except when it is filled with water. I’m sure when they bought the land, they retained their rights to do what they want with it, but I am very concerned about what short and long term environmental impacts this has . Once they hac taken every last grain of sand, perhaps they can start a composting partnership with the town to help restore what was damaged.
February 13, 2022 @ 10:00 am
Thank you for addressing this issue. It has been a huge problem and only getting worse in our neighborhood. The noise and large truck activity starting at 7 am… not to mention the ripping of trees to make a new road for the trucks. No longer the quiet town living we came here to enjoy.
February 15, 2022 @ 9:45 am
Hi Mary. Thank you for your comment. Because the Town Council was not able to get to this agenda item by 11 pm at its meeting last night, this will be discussed at the Town Council meeting on February 28. As I suggested to others, please send an email to the Town Council documenting your concerns, and I hope you can also attend the February 28 meeting.
February 13, 2022 @ 7:52 am
Thanks, Bonnie, for taking on the difficult and dirty issues facing residents of this towm.