MINUTES

 

EXETER TOWN COUNCIL

SPECIAL MEETING

 

MARCH 16, 2026

 

 

No.   1   CALL TO ORDER:

 The Special Meeting of the Exeter Town Council was called to order on Monday, March 16, 2026, at 6:30 p.m., in Council Chambers, Exeter Clerk’s Office, 675 Ten Rod Road, Exeter, Rhode Island.

 

ROLL CALL:              Town Council Members:  Diane Bampton Allen,

                                    Raymond A. Morrissey, Jr., Calvin A. Ellis,

                                    Jamie S. Schiffer, and Joseph Turner

 

ALSO PRESENT:      Kenneth Sylvia, Esq., Town Solicitor

                                    Lynn M. Hawkins, Town Clerk

                                    Kenneth G. Findlay, Council Assistant

 

No.   2   INTRODUCTION, CONSIDERATION, AND POSSIBLE ACTION: EMER-GENCY MORATORIUM ORDINANCE ON COMMERCIAL DEVELOPMENT IN RESIDENTIAL ZONES PENDING REVISIONS  TO EXETER ZONING ORDINANCE: 

Ms. Allen opened the discussion:  What is this about?  What is the emergency?  Why is it an emergency now? Does not believe there is an emergency.  If there was, it would have been addressed a long time ago.  Has how many residents this proposal will harm and affect been considered and how?

 

Mr. Ellis:  The prior Council did not address this.  He feels this Council should.  It concerns the land use section in the Comprehensive Plan.  One of the new Council members has expressed

to him that “it seems like stuff needs to be done.”  Ultimately, the zoning ordinances need to

be revised, if necessary.  This moratorium would get the ball rolling.  He is not suggesting doing anything tonight, or holding to the 60 days, but see what needs to be and can be done.  Mr. Ellis referenced letter from Asa Davis, Resident, dated today, March 16, 2026.  Mr. Davis believes there was not a vote of the Council at a previous meeting to call this special meeting, which he believes is in violation of the Open Meetings Act, and that if it is a violation, any action taken during this meeting would be null and void.  The Town Charter, Section 408 states “The Council shall make reasonable provision to allow persons in attendance at its meetings opportunity to speak.”  Mr. Davis would like an opportunity to speak tonight.  Regarding a violation, that was Mr. Ellis’ first concern when he wanted to call this meeting.  There is a provision in the Charter that allows a majority vote of Council to call a meeting.   It was called by himself, Mr. Turner, and Mr. Schiffer.  Regarding public comment, he certainly would welcome the public’s comments tonight.  The Comprehensive Plan recognizes that Exeter needs zoning. The proposed amendments provided this afternoon are a strategy toward implementation of Goal 12.6 in the land use section: support and rewrite Exeter’s zoning ordinance over the immediate and long term, make it more user friendly and functional, amend the zoning ordinance for compliance with new 2023 State laws, hire a consultant to assist, review needed changes, study potential impacts, make timely changes consistent with State law, and amend the land development chapter.  At the end of the 60-day moratorium, Council will see if there is something that

should be discussed or done.   

 

Ms. Allen:  Does not mind “starting the ball rolling,” but does not want a moratorium.  This project will take months, not sixty days.  What does Council do then?  Continue the moratorium

again and again?  It says nothing about grandfathering residents doing forestry.  Council should

give the Planner and Planning Board ample time to make its recommendations, not sixty days.

They are taxed enough.

 

Attorney Sylvia:  Anyone who has lawfully established a use before Council enacts any change

or changes can continue with the use.  Council does not have the power to take it away.  If they are breaking the law, that is different.

 

Discussion ensued regarding special uses and the zoning matrix.

 

Mr. DePasquale, Town Planner:  On October 29, 2023, he came to Council with original zone changes.  So, there has been work on this, since 2023, when legislation changed, when the Town made the zoning ordinances as compliant as possible with the State.  On December 12, 2023, he came back with changes to the land development regulations.  A lot of work has been done in trying to keep up with an ever-changing legislature that has different promulgated regulations every single session.  A lot of uses were changed.  On January 6, 2025, he came back yet again.  Since 2023, there has been changes to zoning twice and once to land development.  The Compre-hensive Plan serves as a guide to Council and to the Town and is clear in that zoning updates

are required and that the 59 special use permits be updated with specific and objective criteria.  That cannot happen overnight.  He has a 33-page document outlining specific and objective criteria covering only half the uses.  Implementation in the Comprehensive Plan:  Amend the zoning ordinance for compliance with the 2023 State laws, hire a consultant to assist, review needed changes, study potential impacts on Exeter, make timely changes consistent with State law and the Comprehensive Plan, and amend the land development regulations.  He provided Council with a future land use map of existing zoning versus where Exeter needs to be in the future.  He suggests redesigning Routes 2 and 3.  Exeter needs a tax base.  It has not yet been

hit with the influx of houses that is coming.  Since he started, he has been advocating to diversify the tax base.  In order to do that, Exeter does not have to look like North Kingstown or Warwick.

He offered samples of special use permit issues and how they could possibly be resolved.  He

 

will continue to work on the special uses in between his other projects but cannot commit

to a timeline or getting it done in 60 days.

 

Mr. Ellis:  Noted that the moratorium excludes farm overlay districts.

 

Earl Adams, Resident:  Concerned about how the changes will affect his clients who he insures.  How will agricultural businesses operating in residential zones be affected?  How will 30 to

40-year-old businesses be affected?  Will the changes shut those businesses down?

 

Asa Davis, Resident:   There could be some right-to-farm issues regarding commercial agriculture.  This meeting was called as a Special Meeting.  If three Council members voted

to call this meeting outside of a scheduled meeting, that is a violation of Open Meetings.

An emergency applies to flood, hurricanes, pandemics, fire, etc.  How is this moratorium

is an emergency?  

 

Discussion ensued.  The word “emergency” allows Council to act on this ordinance tonight,

if it finds an emergency, without going through the normal process for zone changes. If Council does not act, future commercial applications in residential zones will continue to be permitted.  Currently operating agricultural businesses in residential zones would not be affected. They are grand-fathered.  The changes are for going forward.  Language suggested to be added under Definition of Commercial Development: “Also excluded are agricultural uses as defined by the Rhode Island Department of Environmental Management, Division of Agriculture.”  Future possible development on Routes 2 and 3.

 

MOTION made by Ms. Allen to not have an emergency moratorium ordinance on commercial development in residential zones; seconded by Mr. Morrissey.

 

Discussion:  The motion is to not move forward with the emergency moratorium ordinance.

 

Back to the Motion:    Voted as follows:

 

                                    Diane Bampton Allen                       Yes

                                    Raymond A. Morrissey, Jr.              Yes

                                    Calvin A. Ellis                                    No

                                    Jamie S. Schiffer                              No

                                    Joseph Turner                                  No

 

                                    Motion fails

 

MOTION made by Ms. Allen to put on April’s agenda to change zoning on Routes

2 and 3 to commercial with residential by right.

 

Discussion:  No second.  There is no need for the motion.  Ms. Allen can contact the

Clerk to have this put on the April agenda for discussion.  The motion was withdrawn.

 

 

 

 

MOTION made by Mr. Schiffer to amend emergency moratorium ordinance on commercial development in residential zones by adding language, “Also excluded

are agricultural uses as defined by the Rhode Island Department of Environmental Management, Division of Agriculture” under Definition of Commercial Development; seconded by Mr. Ellis; and voted as follows:

 

                                    Diane Bampton Allen                       Yes

                                    Raymond A. Morrissey, Jr.              Yes

                                    Calvin A. Ellis                                    Yes

                                    Jamie S. Schiffer                              Yes

                                    Joseph Turner                                  Yes

 

                                    Motion passes

 

MOTION made by Mr. Schiffer to approve emergency moratorium ordinance

on commercial development in residential zones as amended; seconded by

Mr. Turner; and voted as follows:

 

                                    Diane Bampton Allen                       No

                                    Raymond A. Morrissey, Jr.              No

                                    Calvin A. Ellis                                    Yes

                                    Jamie S. Schiffer                              Yes

                                    Joseph Turner                                  Yes

 

                                    Motion passes

 

No.   3   ADJOURNMENT:

 

MOTION made by Mr. Ellis to adjourn; seconded by Ms. Allen;

and voted unanimously in the affirmative. 

 

Executive Session adjourned at 7:40 p.m.

                                                                       

                                                                                                Respectfully submitted,

 

 

                                                                                                Lynn M. Hawkins, CMC

Exeter Town Clerk

 

Approved:   April 6, 2026

 

 

 

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