This type of business is not suited to such a location.”

Larry Fitzmorris, Portsmouth Concerned Citizens

PORTSMOUTH — A long-rumored plan to build an outdoor sports complex on top of the old town dump in Island Park has finally reached the local review stage.

AP Enterprise, LLC has an application before the Zoning Board of Review that seeks a special-use permit to create an outdoor recreational facility featuring multiple sand volleyball courts and parking for 100 spaces. Art Palmer, the owner, calls it Island Park OASIS Beach Volleyball.

The application is on the agenda for Thursday, May 18, but representatives for the developer are expected to ask the zoning board to reschedule the hearing to Thursday, June 15. Such requests are normally granted. The meeting will begin at 7 p.m. in the Council Chambers at Town Hall.

The area in question is a privately owned 18-acre site — 14 acres were leased for use as a landfill between 1954 and 1974 by the Town of Portsmouth — that juts out to the north of Park Avenue on the west side of the Island Park neighborhood.

The site is presently capped and under the jurisdiction of the R.I. Department of Environmental Management (DEM). Members of Portsmouth Concerned Citizens (PCC), which opposes the project, say they’re concerned that the “remediated contaminated site” has had a “considerable amount of high-arsenic soil added on top of the original town dump” under DEM’s authorization. The taxpayer group also said the complex would be disruptive to the surrounding neighborhoods.

The property consists of about 15 acres of land with primary access from Park Avenue. The majority of the property that’s proposed for development, a little over 7 acres, is zoned commercial with the remainder zoned residential R-10, according to the plan.

Palmer, who formerly operated the Newport Volleyball Club (NVC), wants to develop the southern portion of the site with 13 sand volleyball courts to be used during daylight hours from the late spring through the early fall. There would be “multiple secondary uses” for the complex, Palmer said in a statement, such as “beach soccer, beach tennis, and sand strength and conditioning.”

The facility would be open to “any age or organization with the sole intent of playing or learning the sport of beach volleyball. Juniors will require adult supervision. The facility will offer courts by reservation for rent by adult and youth leagues and for the general public,” he said.

The maximum number of patrons expected for tournament play is about 95, he said. For licensed special events that would draw more than 500 spectators and players, traffic impacts would be addressed via license conditions including, but no limited to, police details, Palmer said.

No alcohol would served or sold on site, but guests who are 21 and older could bring their own to adult-only events, Palmer said.

According to the plans, no permanent structures or impervious structures are being proposed for the complex, and no stormwater management permitting is required. No lighting, sewer or water services are planned either; all sanitary services will be provided by temporary trailers, according to the application. The complex will be secured by a surrounding chain link fence and gate controlled entrances at both Park Avenue and to the courts.

Impact on neighborhood?

During Saturday’s rally at Island Park Beach regarding offshore wind, Larry Fitzmorris and Peter Roberts of the PCC handed out flyers objecting to the proposed volleyball complex. In addition to raising concerns over contaminated soil, PCC said the area is already crowded with heavy traffic, and the complex will attract more vehicles than the neighborhood can handle.

“If approved, the volleyball facility will be located among the residential lots in the western part of Island Park and will be highly disruptive,” Fitzmorris said in comments included on the flyer. “This type of business is not suited to such a location.”

Thomas O. Sweeney, a certified general real estate appraiser and principal of Sweeney Real Estate Appraisal, was asked by the developer to analyze the proposal and determine what impact it would have on surrounding properties in the area in general. He submitted his report, dated April 13, to the zoning board.

Sweeney said the proposed use is compatible with surrounding land uses and would have no negative impact to adjacent property or its value.

“The proposed use is a non-intrusive use, which will operate during daylight hours and for part of the year. Balls will be controlled from going off-site through perimeter netting. Further, fencing at the perimeter will provide privacy and shielding for abutting residential properties,” Sweeney stated in his report.

He noted that the future land use map for the town shows the majority of the project site is intended to be kept commercial, and the proposed use “is very low impact to the property itself and surrounding community. Although some of the area of the site if currently zoned R10 (residential), such area is unsuitable for residential use.”

The facility will address the town’s current and projected deficiency in its “volleyball court inventory” which is noted in the draft 2022 Comprehensive Community Plan, he said.