HUD to Reed - Homeowners 300ft From Proposed Cranston Gas Station Are Ineligible for FHA Insurance

GoLocalProv News Team

HUD to Reed - Homeowners 300ft From Proposed Cranston Gas Station Are Ineligible for FHA Insurance

Underground Storage Tanks, FILE PHOTO: Wikipedia
The fight over locating a Cumberland Farms in the Edgewood section of Cranston has taken a significant twist as federal housing authorities have told United States Senator Jack Reed that homes that are within 300 feet of a property that has a tank with a capacity of more than 1,000 gallons of flammable material are not eligible for FHA insurance.

Most convenience store underground storage tanks are between 10,000 to 15,000 gallons and some are as large as 24,000 gallons.

In the letter from U.S. Housing and Urban Development’s Field Office Director Nancy Mill Greer to Reed, Greer states, “Stationary storage tanks containing flammable or explosive material pose potential hazards to housing, including hazards from fire and explosions. If the subject property line is within 300 feet of an above ground or subsurface stationary storage tank with the capacity of 1,000 gallons or more of flammable or explosive material, then the property is ineligible for FHA insurance.”

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“The Appraiser must notify the Mortgagee of the deficiency of Minimum Property Requirements (MPR) or Minimum Property Standards (MPS), so the Mortgagee can determine the eligibility. This includes domestic and commercial uses as well as automotive service station tanks,” states Greer’s letter.

Latest in Cranston Battle

Rhode Island real estate professional Pamela Hanson Carbone -- who is referenced in the letter as having asked Reed to seek clarification from HUD -- spoke to the response from the federal agency. 

"So that to me is the biggest issue with a Cumberland Farms with a gas station, having 40 houses being impacted by not being able to get FHA financing," said Carbone. "These houses, FHA says if you're within 300 feet from a tank containing combustible material, they can't get FHA insurance."

"I'm the Rhode Island Chair of the Realtor PAC, and participate in the National PAC Participation Council, which supports private property rights, such as when the airport took people's homes, that they're treated fairly -- that cities and towns have to have to go by their comprehensive plans, that decisions can't just be arbitrary," said Carbone. 

U.S. Senator Jack Reed (D-RI)
The HUD letter was issued to Reed after Carbone had requested clarification from the federal oversight agency.

According to the U.S. Environmental Protection Agency, "The cost of cleanup depends on a variety of factors, including the extent of contamination and state cleanup standards. The average cleanup is estimated to cost $130,000. If only a small amount of soil needs to be removed or treated, cleanup costs may be as low as $10,000. However, costs to clean more extensive soil contamination may exceed $130,000. Corrective action for leaks that affect groundwater typically cost from $100,000 to over $1 million, depending on the extent of contamination."

Environmental organizations are more damning. The Sierra Club in their fact sheet reports, "There are 680,000 USTs and a backlog of 130,000 cleanups; 9,000 new leaks are discovered annually. In 2004, UST cleanups declined by 22 percent compared to 2003. Chemicals in USTs can quickly move through soil and pollute groundwater. One gallon of petroleum can contaminate one million gallons of water. One pin-prick sized hole in a UST can leak 400 gallons of fuel a year. More than 100 million people drink groundwater in states where delayed cleanups threaten groundwater quality."

Cumberland Farms Attorney

As GoLocal previously reported, the attorney for the convenience store chain — John Bolton of the Providence law firm Hinckley Allen Snyder — has a number of different roles in Cranston, which some perceive creates an appearance of a conflict. GoLocal reached out to Bolton for comment on the HUD letter, but he did not respond to requests for comment.

Residents opposed to Cumberland Farms have cried foul.

"He’s [Bolton] made some hefty contributions to the council members who voted him in as judge. Those same councilors are now sponsoring his Cumberland Farms proposal," said Lisa Gibbs previously, an Edgewood resident and member of the group, Edgewood Doesn't Want Cumberland Farms. "May not be illegal, but it’s ugly."

Bolton is big-time political donor in Rhode Island. He has given nearly $15,000 to a range of elected officials including to many present and past Cranston elected officials.

Bolton has also funneled dollars through his law firm’s political action committee. Over the past decade, the firm’s PAC has given more than $100,000 to a range of politicians.

"I will say that in the past I have donated to nearly every member of the City Council, both past and present members. I fail to see what conflict issue [is being raised]," said Bolton previously. 

GoLocal reached out to Bolton repeatedly on the HUD letter; Bolton did not respond. 

Cumberland Farms
Bolton Defended His Dual Roles When Raised Earlier

Bolton defended himself and claims he has researched the issue of the dueling roles in the city.

Regarding his role in serving both as Associate Judge of the City of Cranston Municipal Court and lawyer for Cumberland Farms:

"There was no need to seek an advisory opinion, as this issue has been decided by the RI Ethics Commission previously, pursuant to several consistent Advisory Opinions.  Please be assured that I thoroughly researched this issue prior to accepting my appointment as an Associate Judge for the Cranston Municipal Court,” said Bolton in an email to GoLocalProv.

Bolton said he followed the following advisory opinion and claims that it gives him clearance for serving as a private attorney before the city and continue to serve as a municipal judge.

"For example, please refer to Advisory Opinion No. 2003-71," said Bolton, referencing the following:

“It is the opinion of the Rhode Island Ethics Commission that the petitioner, the Tiverton Municipal Court Judge, and members of the law firm by which he is employed may represent private clients before the Tiverton Town Council, Zoning Board of Review and other municipal bodies, including individuals charged with criminal offenses by the Tiverton Police Department, provided that the representation is not related to a matter in which he is involved as Municipal Court Judge or over which the Municipal Court has jurisdiction.”

"See also Advisory Opinion 2005-29, which provides, in part," added Bolton. 


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