Sen. DiPalma Seeks to Tighten DEM Compost Permitting Rules
The situation stems from the ongoing dispute between Crandall Road neighbors and a local landscaping business, Tiger Tree Co.
State Sen. Louis DiPalma (D-Middletown, Little Compton, Newport, Tiverton) introduced a bill related to timely manner of how the Department of Environmental Management (DEM) issues compost facility permits in an properly zoned area. It will be heard later today in the Senate Committee on Environment and Agriculture in Room 212 of the State House.
Reached late Tuesday night, DiPalma said the issue stems from how the DEM authorized a composting permit last May for James Pelletier of Tiger Tree Co., a landscaping company located on Crandall Road near Adamsville. Pelletier's been in a tense dispute with his Crandall Road neighbors since 2005 over his business operation and what his land is zoned for.
"It's not a great situation to put it that way," DiPalma said. "Based on what's been done here, the DEM has pseudo-figuratively rewritten Tiverton's zoning laws."
If put into law, DiPalma's bill, which is attached to this post, would tell people looking to do any composting facilities (agricultural or solid waste) they have to get that permit granted by the state. It states, through a 30-day timetable, the need to verify where that composting operation is going, and if the town's zoning laws conform to the application.
"No one wants to stand in the way of farmers or farming," DiPalma said, adding that DEM's controversial issuance of a compost permit to Tiger Tree is the ninth one they've ever granted.
"Now, nowhere in that town of Tiverton is this permitted," DiPalma added about Tiger Tree. "I think Tiger Tree had tried to go get the zoning changed so it could be permitted."
A call seeking comment was made to DEM Director Janet Coit's office.
"The DEM over and over again violates their own policies and procedures," said Crandall Road neighbor Joanne Moniz, who's been involved with the dispute. "They think they're above the law. They're interfering with our civil rights because the town of Tiverton is trying to enforce their zoning."
Tiger Tree v. Town of Tiverton
The dispute began in 2005 when neighbors complained about the noise and scale of James Pelletier's tree and landscaping operation at Tiger Tree, with trucks reportedly hauling large amounts of compost in and off of the property at irregular hours. Neighbors also claim the scale of Pelletier's operation doesn't conform with the town's R-80 zoning designation.
The neighbors sued and then Pelletier filed a countersuit claiming their actions are personal and affecting his business operating a nursery. The town also filed a civil suit. In 2009, Pelletier was reportedly found guilty in Muncipal Court for illegal composting, which he appealed to Newport Superior Court. Town Solicitor Andy Teitz said Judge Melanie Thunberg denied a motion for the case to the be dismissed back in October, and now the trial awaits testimony from the defense.
A call seeking comment from Pelletier's attorney Michael Kelly was not returned.
George Metayer
6:21 pm on Wednesday, March 7, 2012
Joanne Moniz should mind her own business. She is not or has ever been the zoning board. Now she is starting trouble for the couple who just bought the house right across the street from Tiger Tree. It would be much better here if some people would move back to the city where they came from.
Joanne Moniz
11:20 pm on Wednesday, March 7, 2012
So many thanks to Senator DiPalma for seeing the necessity to propose this legislation so that no residents will have to endure what our neighborhood has had to endure.
oldandtired
7:39 am on Thursday, March 8, 2012
So why is the town continuing to waste money suing if he has a permit now?
Joanne Moniz
10:09 am on Thursday, March 8, 2012
Good question. The permit is not worth the paper it's written on without permission from the town. The permit was accompanied with a letter stating this
The question is why did the dem issue a permit knowing fully that the town was not giving permission. Although we all know the answer , the dem is having a hard time answering this question before them. In the meantime we are thankful for this legislation which will protect us all
oldandtired
1:32 pm on Thursday, March 8, 2012
So the town is fighting DEM or the property owner? If DEM issued the permit, then it is issued. As a state agency they don't have to get permission from cities and towns.
Paul Nolan
1:34 pm on Thursday, March 8, 2012
The operation that Mr Pelletier operates there is small, and is being blown way out of proportion by the neighbors. Similar - VERY similar operations are being run throughout South Tiverton with no complaints. Mr Pelletier has done nothing but operate his business in a responsible manner, and he gets nothing but grief from a few cranky residents. Throughout the years Mr. Pelletier has donated his time, and materials to a variety of town facilities such as the school dept, little league, and many others. He came to the rescue of a man that was stuck in the mud on a horse in weetamoo woods a few years ago when the fire dept didn't have the necessary equipment to rescue them. The list goes on and on. He has been a great resident that has given back to the community for years. Please enlighten me as to what these complainers have done for the town.
Joanne Moniz
3:10 pm on Thursday, March 8, 2012
I would not use the word "fighting"; the town expects the DEM to follow the law. With regard to a state agency, the law states that town laws supersede state. If you have difficulty finding that law, I'm happy to direct you.
Joanne Moniz
1:07 pm on Friday, March 9, 2012
I'm sure most neighbors would not want to toot their own horn but I do know for a fact that many neighbors have volunteered their time in many, many areas from sport coaches, to town boards to constructing town gardens, litter control, church service and on and on and on. They love their town and would like the peacefulness restored to where it was when they bought their property. Never did they think that the zoning that (came) with thier property, would be lost
Joanne Moniz
1:47 pm on Thursday, March 8, 2012
I would not use that word. The town expects the dem to abide by the law
Randall T Flanagan
2:06 pm on Thursday, March 8, 2012
There you go again George, separating the 'Swamp Yankees' from the 'Newcomers' like that really makes a difference. I guess that means, George, you could go back where you came from, as well, Little Compton!
Mr. Nolan....not small when 15 trucks per day are in and out during the 'landscaping season'. Why do you suppose Pelletier is so thoughtful to his neighbors, town officials, and others, Mr. Nolan. Maybe because he is 'sucking up' to get town jobs, perhaps? The complainers, Mr. Nolan, like Mr. Pelletier, have paid their property taxes, which go to the Town for the betterment of its citizenry.
Paul Nolan
12:00 pm on Friday, March 9, 2012
You live on a state highway. Regardless of the traffic on Mr. Pelletiers site ( It does not average anywhere near 15 trucks a day) You still have trucks and cars driving by your homes all day long. Are you going to try and ban them too? Like I said - there are several other very similar businesses operating in the area, why aren't you up in arms over them?
My wish is that Mr. Pelletier develops this land as low income housing. I wonder what your opinion will be if that happens.
Joanne Moniz
12:32 pm on Friday, March 9, 2012
The towns policy is that they do not issue violations. Unless there is a written complaint. Mr Pelletier did report in writing about all those businesses and they all received cease and desists
Regarding the trucks, mr Flanagan Underestimated. It is more than double that but the fact remains that the zoning unfortunately does not allow a compost facility in a r80 residential neighborhood
As parents we all hear our children complain that
Joanne Moniz
12:39 pm on Friday, March 9, 2012
Someone else is doing something that they are not allowed to do and we must tell them about rules and regulations
Breaking a law does not free anyone up just because someone else is breaking the law but has not been caught
Joanne Moniz
12:51 pm on Friday, March 9, 2012
Section 8 housing is something that we have heard rumblings about but it also is not allowed within that zoning
Paul Nolan
1:05 pm on Friday, March 9, 2012
I agree that we all must follow the law.
But consider this.
There was always the option of all of you to just "live with it" I know you never though of that because you like to complain. I live next to a farm, and near someone that works on race cars. It can be a little noisy sometimes, but nothing that bad, and never past sunset. I don't complain because they are good people, and it doesn't bother me. I consider myself lucky to have these people now as friends. You could have done the same thing. That land isn't used very much most of the year, and not during the evening.
I know it is your right to protest Mr. Pelletiers position. I accept that. It is also his right to move on too. Your future scenario could be the following:
Low income housing. Lights on late into the night. Noise. Traffic.
This will be acceptable under the law that ou speak of.
Quite a trade.
Be careful what you wish for.
oldandtired
2:38 pm on Friday, March 9, 2012
How about a nice chicken or turkey farm?
Joanne Moniz
1:14 pm on Friday, March 9, 2012
With all due respect, could you show me that law? I feel as though I have read and am well versed on all the laws pertaining to the situation, I am not familiar with the law that you are referring to.
The zoning is an r80 neighborhood; the law is very specific as to what is allowed and what is not allowed. The Town is attempting to restore its' zoning.
What the neighbors wish for is simple their right to quiet enjoyment. Perhaps that right is not important to others; but for these neighbors, it is very very important.
Joanne Moniz
1:16 pm on Friday, March 9, 2012
Sone of the neighbors grew up on farms and have tremendous respect for farms and the farming community in general. However, this is not a farm, far from it... this is a compost facility with numerous environmental concerns
Paul Nolan
1:27 pm on Friday, March 9, 2012
I didn't speak of a law - you did. I just said all your new neighbors will have rights under the law too, and you might have plenty of them in the future.
Enjoy the bucolic peace now. It could soon be gone.
Nothing like a nice platt of houses to enhance natures beauty. Just look at the new development on Bulgermarsh. Who needed all those trees anyway?
The irony is that it will probably get named something like "Tigerlily estates"
Joanne Moniz
1:38 pm on Friday, March 9, 2012
I'm referring to the law regarding low income housing that you state is accepted. I am not aware of a law that allows low income housing on that property
Joanne Moniz
1:41 pm on Friday, March 9, 2012
Tigerlilly Estates sounds like a lovely address; and I am sure it would be. Unfortunately, it cannot happen at 0 Crandall Road... it is just about all wetland. I could picture a beautiful front entrance to a neighborhood with tiger lillies; there isn't one that I know of in Tiverton... it really does sound nice and maybe that will happen somewhere in town, I hope so.
Paul Nolan
2:01 pm on Friday, March 9, 2012
You are absolutley wrong. As you obviously are aware, there are houses to either side. Only some of the land far back is wetland. The building Permits would easily pass for houses there.
Joanne Moniz
2:42 pm on Friday, March 9, 2012
I think you should check; it's all public record at town hall.
oldandtired
2:31 pm on Friday, March 9, 2012
I don't pretend to know any of the specifics of the particular property here, but here is my issue. I had a neighbor who built a large shed that blocked our view and was not in compliance with necessary setback requirements. The town told him it needed to be moved, he didn't. They basically told me there was nothing else they could do. Look at the poor family over on Fish Rd. that have been living next to a huge neon-colored garage when that guy's zoning variance was denied.
There are all types of zoning infractions ALL over Tiverton, yet this particular one has the full backing of the town and town's attorney, using tons of TAXPAYER money to defend. What I want to know is why? Especially in a case where the DEM ultimately gave the guy a permit anyway. Why is this case so special, who knows the right people?
Joanne Moniz
3:50 pm on Friday, March 9, 2012
I am so sorry about your situation and for the Fish Road dilemma. When you were told that there was nothing else that can be done, that sounds very familiar. The hope is that you will not spend the money or the time. We see this not only in Tiverton, although Tiverton seems to have the reputation as being the worst. We are actually considering setting up some sort of group to help taxpayers get the justice they deserve. The amount of taxpayer's money that is being spent on litigation is criminal!! Please let us know if we can help. Let me explain what happened here and the reason why it is not a special case, or who knows who.
Mr. Eames lied to our neighborhood when we inquired about what seemed like an illegal business in our neighborhood. He stated that the business was protected under a state law, and the zoning did not have to be enforced in this situation. The solicitor's office confirmed his statement and the former town council misdirected us. We did our own research. A five-year old could of understood the law. The town began to enforce their zoning; and here we are.
The DEM, has policies and procedures that they don't seem to think they have to enforce. It is simple. An application needs to be a complete application. That means that whatever is required must be submitted and the application needs to be completed in full. Really, no different than another application for anything.
oldandtired
4:18 pm on Friday, March 9, 2012
Still doesn't explain why YOUR zoning is being enforced but not that of other taxpayers. And not only is it being enforced, the town is spending tons of taxpayer money for a civil suit. That money should be spent helping others enforce their zoning. You say the "prior town council misdirected us." So you are getting help from this town council then?
Paul Nolan
3:01 pm on Friday, March 9, 2012
I love the " many of us grew up on farms" mentality, but "compost" is not a farm. Your right it's not. I like oldandtireds idea - a chicken or turkey farm - better yet a pig farm. I suppose that it would too be illegal. So the view here is that he can't do anything over there isn't it?
This forum will not solve this issue.
I support Mr. Pelletier. I hope he wins this battle. If he loses, I hope he puts up the most revolting building(s) or finds the most despicable but legal use for HIS land possible.
That should make everyone very happy.
Go Tiger.
Joanne Moniz
3:26 pm on Friday, March 9, 2012
This forum will not solve this problem; you're right. That is what the legal system is for. I hope that he is able to use his land legally as well. That is why we have zoning; thank God we do.
Tiverton Dad
4:06 pm on Friday, March 9, 2012
I have a similar situation to Ms. Moniz's. Loud cars and trucks are constantly driving by at all hours of the day and night. Gee, I wish I could do something about it. The problem is, the cars and trucks are driving on a ROAD that's thirty feet from the front of my house on my postage-stamp sized lot.
Instead of complaining, driving up our taxes, and running an honest businessman into debt, why don't you simply enjoy the blessings of your big chunk of property and your lovely home. Live and let live my mother always used to say.
Joanne Moniz
4:30 pm on Friday, March 9, 2012
The neighbors don't feel the same as you do; however, you are certainly entitled to your opinion. Your neighborhood may be zoned differently from ours. Ours, again, is an R80 neighborhood. That is what we bought into; that is what we pay our taxes for.
What needs to happen here is an enforcement office that enforces its' zoning and honesty within the government. Attempts to change the zoning is a dishonest way of operating. Zoning needs to be enforced not selectively but honestly. That will happen, I'm sure, with our new town council. It just may take a while, unfortunately.
Tiverton Dad
4:49 pm on Friday, March 9, 2012
So, your neighbors don't agree that they should simply enjoy their blessings and leave others in peace?
Randall T Flanagan
4:49 pm on Friday, March 9, 2012
Once again, Mr. Nolan, if that’s his name, is blind to the facts. Joanne Moniz has explained the situation in a thoughtful and fact-filled manner. Yet, Nolan, you are blind to what is right and what is wrong. You say why not for others on Crandall Road? That’s because we complained which is our right in this Town, under its bylaws. “Do you not condone bad behavior in your neighborhood then look the other way to condone it somewhere else in Town? You need to ‘grow up’, Mr. Nolan!
Tiverton Dad
4:50 pm on Friday, March 9, 2012
Or what, you'll sue him?
Joanne Moniz
4:52 pm on Friday, March 9, 2012
enough said; have a nice weekend gentlemen
oldandtired
6:49 pm on Friday, March 9, 2012
Ms. Moniz says "Attempts to change the zoning is a dishonest way of operating. Zoning needs to be enforced not selectively but honestly. That will happen, I'm sure, with our new town council."
Ahhh...and there gentlemen is the connection. Exaclty the same commetns from the Tiverton Four Corners crowd - which had this Council "take care" of the zoning for them.
Nice weekend indeed knowing that town officials will take care of your pet projects for you with our taxpayer dollars.
Rug Doctor
9:55 am on Sunday, March 11, 2012
How is upholding the zoning that all of us must follow a "pet project"?
Gerry Jones
8:59 pm on Thursday, March 15, 2012
Manfred-can't Tell, Are you that clueless? Lord nelson lives out there. He does not want 4 corners to expand but, the TCC says they want more "business" in town. They say one thing until it comes to their front yard. Where is their savior Felice? I thought he was going ti fix everything. You need someone else to follow Sanfred. The TCC is a has=been group.
Joanne Moniz
12:18 pm on Sunday, March 11, 2012
The problem is not the zoning itself; it is that it is not always enforced. It is not consistent. According to these posts, people feel as though there is special treatment. There is no special treatment in this case, in fact just the opposite. The neighbors here were told that it was too bad, that the zoning did not have to be enforced. It was not until the neighbors read the law themselves and proved them wrong, that they had to enforce their zoning.
Most people do not have the funds or the time to fight for what is right, and that is what the town banks on.
There are statues of limitations, it anyone feels they have a justified complaint and they feel that it is too late, it may not be at all.
Joe Sousa.
3:15 pm on Sunday, March 11, 2012
Is it my understanding that the activity that was going on at this location is permitted in this Zone R80 ? The problem is that it is not in conjunction with a working farm ? Is that correct ?
Joanne Moniz
6:14 pm on Sunday, March 11, 2012
no; it became a nursery in 2008, well after the violation. But under nursery it did not protect the non-farming activities (landscaping, excavation and composting) The DEM confirmed the facts to the town and the property was cited by the DEM and the town. What has been done after that is being investigated and questioned by the town.
To qualify for a composting facility operation, there were 2 options, one was not granted; the other
required 4 steps, the land must be an agricultural unit (5 usable acres) the operator must be a farmer( 4 years of tax returns verifying $10,000 income and there are inspections showing limited to no farming income) the operator must submit a COMPLETE application in order to obtain a composting facility permit for that land only.
What has transpired since is that the composting facility began without local zoning approval.
All of this is public record through the town and the DEM
Randall T Flanagan
6:39 pm on Monday, March 12, 2012
Joe Sousa, thanks for coming online and your comments. It’s great to see someone other than 'the others' with a little more intelligence wanting to comment on this issue. You know the old saying, 'a story starts at one end and at the other end is 180 degrees out of phase from its original'. Joanne Moniz is correct in what she says relating to the facts of this case.
Joe thanks for coming on board and asking a question that has been misconstrued by others.