Town of Exeter, Rhode Island
PLANNING BOARD
675 Ten Rod Road
Exeter, R.I. 02822
401-294-2612
401-294-2592
Meeting Minutes
January 28, 2020
APPROVED: July 14, 2020
Regular Meeting
| Members present: | | Chris Palmer, Michael DeFrancesco, William Haas, Scott Millar, Donna Pari, |
| | | Michael Viveiros and Donna Di Donato |
| Members Absent: | | None |
| Staff present: | | Solicitor Peter Ruggiero, Planner Ashley Sweet and Dixie Foisy, Clerk |
Chair Chris Palmer called the meeting to order at 6:30 p.m.
None
Chairman Palmer asked for a motion to move Old Business to the end of the meeting; Scott Millar made a motion; seconded by Mike DeFrancesco. Voted all in favor. Motion passed. (Donna Di Donato was absent from the vote)
For the record, William Haas has recused himself from this conversation because he is an abutter of the property in question and completed the appropriate paperwork.
Attorney Don Lally was present to represent the applicant and owner, KMS Construction, LLC on this minor 2 lot subdivision which also includes a solar application. KMS, LLC wishes to subdivide the existing 67.34-acre parcel into two lots, one that would be 23.93 acres (lot A) and the other 43.41 acres (lot B). Attorney Lally inquired about combining both pre-applications for KMS.
Planner Sweet stated that she has discussed this with the applicant and explained that this has to be done via two separate processes – keeping the subdivision and the solar separate – especially moving forward. At this level, there isn’t an issue discussing them simultaneously.
Scott Millar posed a question to Attorney Lally asking why the applicant wants to do the subdivision noting that this makes the solar proposal more complicated because it’s not a routine subdivision due to the wetlands in the area and the lack of physical access.
Attorney Lally stated that his client doesn’t want to dedicate the entire 67 acres just to develop 5 acres of the parcel for solar. He also stated that there is a road that provides access to both lots off Ten Rod Road.
Further discussion ensued regarding the ability or lack thereof to access this property and other concerns regarding the wetlands.
Chairman Palmer stated his concern is that this access would have to be more of a roadway than a driveway and stated that the applicant will need a preliminary determination through wetlands and need approval from DEM for a stream crossing to go through wetlands and for use in the back.
B. Pre-Application of Major Land Development: SoCal Solar Brokers, Applicant and KMS Construction, LLC, Owners of property located at 0 Ten Rod Road, Exeter, RI; AP 32 Block 2 Lot 9; proposed large scale solar array.
Attorney Lally stated that with the solar application, they tried to stay within the new guidelines with a 200’ setback and stated that there are trees in the front of the property so that the solar field will not be visible from Ten Rod Road, but mentioned it may be somewhat visible from Rt. 95. They are trying to stay within the rural character of the Town.
Burkley Weilburg of SoCal Solar Brokers spoke about his client’s interest in the property for a solar site as it is environmentally of no value; it has already been clear cut, next to route 95 and feels this will be a good use of the land.
Mike DeFrancesco has more of an issue with the sub-division than with the solar project and asked if the solar will go forward if there is no subdivision.
Planner Sweet added there is a finding that they located in Section 3.5 of the Exeter Code.
Scott Millar asked to reference Section 3.5 of the Exeter Code #5 that reads as follows:
All proposed land development projects and all subdivisions lots shall have adequate, permanent and safe physical vehicular access to a public street. Lot frontage on a public street without physical access shall not be considered compliance with this requirement.
Mike DeFrancesco feels that this answers their concerns with the subdivision regarding access and crossing wetlands.
Chairman Palmer stated that a subdivision could be done if you created a typical road, and then get your crossing as a roadway, but this would be a lot more expensive because you’re looking at 1700 feet of road.
Scott Millar stated he agrees that the subdivision is the issue here, not the solar.
Planner Sweet brought up the option of a Compound designation; you could create a private drive to access, with an overall 10-acre density per lot, and then make lots whatever size you want as long as they are not smaller than an acre.
Scott Millar stated that you’d have to look a yield plan and subtract the wetlands, and then you could look at both options and see what’s in your client’s best interest.
Planner Sweet reviewed that in order to do a compound; you would need to maintain minimum lot sizes and maintain 15% lot coverage and would also be subject to a special use permit. The planner also noted that there is a provision in the solar ordinance that states if there is previously disturbed land, the planning board can increase the lot coverage, meaning if you stay at 5 acres they can let coverage go above 15% but they can’t allow the solar installation to go above 5 acres. If the Planning Board feels that there’s a compelling argument that it is a previously disturbed lot.
Chairman Palmer stated that he doesn’t feel that clear cutting would classify as previous disturbed land and feels that is an accepted practice in forestry. He also stated that they would require a Phase-1 Environmental to prove that there was some kind of major environmental impact there like a dump or a fill.
In conclusion, Attorney Lally and Burkley Weilburg thanked the Board for their input.
C. Pre-Application of Major Land Development: Renewable Energy Solutions, Applicant and David Duarte, Owner of property located at 1029 Ten Rod Road, Exeter, RI; AP 22 Block 2 Lot 3; proposed large scale solar array.
Steven Depina and Candido Esteves were present and are proposing a 5-acre solar array; there is a total of 47.96 acres consisting mostly of contaminated land. Since the last meeting, they have down-graded their plan to 5-acres.
Steven Depina asked about the plan not requiring a set back due to the contaminated land.
Planner Sweet responded that because you want to use contaminated land, you won’t meet the setbacks and therefore, need to ask the Board to “flex” that setback number based on circumstances unique to the site.
Scott Millar has concerns that the property line is close to house lots in the Forest Hills neighborhood and with only a 50ft. buffer; the residents will be looking at solar panels.
Steven Depina explained that the solar array will be low profile and they plan to plant trees.
Mike DeFrancesco mentioned that over a contaminated area that they would have to use a “ballast block system” vs. driving piles into the ground.
Planner Sweet reviewed her memo outlining Renewable Energy Solutions project. She did note that they would need permission to exceed the 15% based on the fact that this is on a previously contaminated site and would need to do the math on what that would equate to if the project moves forward.
A further discussion ensued regarding the location of the solar array, the wetlands and a buffer zone.
Planner Sweet suggested that they may want to present some options to the Board regarding the buffer zone and how to better screen the neighbors so they aren’t looking at a solar installation. They will also need to provide updated plans showing property lines and boundaries.
The applicants and the Board further discussed how to move forward with a master plan, a special use permit, National Grid, etc.
A. Discussion and possible action: Accessory dwelling ordinance advisory opinion to the Town Council
Chairman Palmer stated that there has been some discussion with our legal counsel about modifying some of the language.
Solicitor Ruggiero doesn’t feel that this is ready to present to the Town Council yet because there are some provisions in it that need work. Accordingly, Solicitor Ruggiero suggested that he, Ashley and one board member could meet to collaborate on this. Scott Millar was “nominated” to be the third party. A further discussion took place and it was determined that this group of three will meet to work on the language and bring back to the February 11th meeting. They agreed to have a special meeting and then the workshop will follow.
1. November 26, 2019
Motion by Mike DeFrancesco to approve the minutes as submitted; seconded by Scott Millar. Voted all in favor. Motion passed.
2. December 10, 2019
Motion by Mike DeFrancesco to approve the minutes as submitted; seconded by Bill Haas. Voted all in favor. Motion passed.
1. Solicitor Ruggiero – Invoice in the amount of $342.00
Motion by Mike DeFrancesco to approve invoice as submitted; seconded by Bill Haas. Voted all in favor. Motion passed.
Solicitor Ruggiero reviewed the recent court decision: Frank DiGregorio vs. Town of Exeter.
Motion by Bill Haas to adjourn, seconded by Mike DeFrancesco. Voted all in favor. Motion passed. Chairman Palmer adjourned the meeting at 7:49 p.m.
Respectfully submitted,
M. Dixie Foisy
Planning Board Clerk