Letter: Setting the Record Straight on Former Tarbox Property

North Kingstown Town Council President Kerry McKay, a supporter of the Tarbox Hyundai Automotive Dealership, stated that “due diligence” has been done on mitigating any potential safety and environmental risks at this site. “Due diligence” would demand that the review and approval process for a Major development project like the Tarbox Hyundai Automotive Dealership be in compliance with all state statutes and town ordinances. Let’s check the facts.

First; was the interruption and eventual denial of my legal right to present my testimony at a public hearing “due diligence”? My prepared testimony highlighted the already stressed North Kingstown water supply that began with changes to accommodate the Rolling Greens development and continues with the Tarbox Hyundai Automotive Dealership. As I began to read my testimony I was abruptly halted first by Mr. Tarbox's attorney, followed by the Zoning Board solicitor and finally the Zoning Board Chair advising me that I would not be allowed to continue my testimony. An exchange of opinions occurred between the solicitor, the Zoning Board Chair and myself as to my right to testify. Finally I decided to yield as the discussion became confrontational and it was obvious that they did not want the facts presented publicly and under oath. This behavior by the NK Zoning Board chair, solicitor and Tarbox’s attorney is a classic example of “If you don’t like the message, kill the messenger”.

Second; Mr. Tarbox submitted a Pre-application to the NK Planning Department correctly indicating the Tarbox project as a Major Land Development project located in the NK GW1 reservoir area and for an unexplained reason is now “incorrectly” being viewed as a Development plan review in GW2. How and why did that happen?

Third; the site for the Tarbox Hyundai Automotive Dealership is in the NK Groundwater 1 reservoir (GW1 = NK drinking water) area in accordance with the NK Zoning Ordinance and the official NK Groundwater Map. This is the same fact that Councilor Maloney stated for which he was unfairly rebuked by Tarbox’s attorney. This behavior again by Tarbox’s attorney is a classic example of “If you don’t like the message, kill the messenger”. The NK Groundwater Map undeniably shows that this site sits directly over the NK GW1 reservoir to which Automotive Dealerships are explicitly prohibited.

Fourth; prior to receiving permitting approvals, the applicant initiated unauthorized and premature earth removal and construction operations which are on-going. Additionally, Tarbox is not in compliance with the NK Zoning Ordinance requiring a Special Use Permit in GW1 or GW2 ground water protection areas for the transferring of material off-site in excess of 20 cubic yards. Has North Kingstown town officials initiated any enforcement action and if not, why not?

The sheer number of errors, unexplained changes and non-compliance by NK town officials is unprecedented and in my opinion, does not meet the standards of “due diligence”. Beyond meeting the standards of “due diligence” these procedural missteps clearly demonstrate something even more troubling that demands the need for an independent investigation.

- Francis P. DiGregorio