Town of Exeter, Rhode Island
PLANNING BOARD
675 Ten Rod Road
Exeter, R.I. 02822
401-294-2612
401-294-2592
Meeting Minutes
November 24, 2020
Approved: February 9, 2021
REGULAR MEETING
Pursuant to Executive Orders recently executed by
Governor Gina Raimondo as a result of the Covid-19 Pandemic,
this meeting was held virtually via Zoom
Members present: Chris Palmer, Michael DeFrancesco, William Haas, Scott Millar, Donna Pari, Donna Di Donato and Michael Viveiros
Members Absent: None
Staff present: Peter Ruggiero, Solicitor and Dixie Foisy, Clerk
Chairman Palmer called the meeting to order at 6:31 p.m.
None
A. Final Plan-Major Land Development: Exeter Renewables 1, LLC (Morris Farm Solar) property located at 89 Ten Rod Road, Exeter, RI; Zoned RU-4 and further designated as AP 26, Block 1, Lot 1 for a proposed Solar Project. Reviewed October 5, 2020 (Application time clock Expires after extension December 1, 2020)
Chair Chris Palmer introduced this final plan application and turned over to Chris Shea from Wood Engineering to discuss the Crossman Engineering Review. Ms. Shea discussed comments regarding Stormwater Management Design/Analysis and stated that minor modifications have been made based on issues that Crossman pointed out. She noted that they were able to address all comments and will provide documentation back to Crossman and modify plan accordingly.
Scott Millar referenced page 2, item 3 B. of Crossman’s report and asked how they plan to address this. Discussion ensued between Ms. Shea and Mr. Millar.
Chair Chris Palmer stated that if you look at the decision, it did not ask for this peer review. So according to the decision, they have supplied all the documentation and the permits. He also stated that you all have had these plans to review (the plans that Chair Palmer is referencing are in red-line ink). He shared that the Board is up against time clocks so we need to either ask the applicant to provide this to us at another meeting to ensure that the original design complies with the comments from Crossman. Chair Palmer also shared that initially Crossman Engineering was referring to the “new” solar ordinance instead of the “old” solar ordinance (Green Ordinance). Further discussion ensued.
Mike DeFrancesco stated that he reviewed the Crossman memo and doesn’t feel there are any “fatal” flaws that will interfere with the project. He noted that there’s a lot to do with soil science and asked Chris Shea if she has been able to complete this.
Chris Shea replied that she has not yet; only received the Crossman memo on November 13th and explained the time constraints with getting this completed in the field.
Mike DeFrancesco stated his concerns are with the time constraints due to the time clock expiration date of December 1, 2020; may need to ask for an extension. He also asked about Crossman Engineering comment noted on page 4, item #6 Plan Sheet C-5 Site Plan – referencing the 50-foot setback line.
Chair Palmer stated this is referencing the wrong ordinance.
Scott Millar stated he does not agree that it has anything to do with the ordinance and read the first paragraph from page 4, item #6. He stated he does not think this has been approved by the Planning Board unless it happened when he wasn’t present.
Elle Noordzy replied that this did take place when Mr. Millar was not on the Board. She explained that this was discussed at length and they reached out to all the neighbors.
Chair Palmer stated that this was approved at Preliminary Plan.
Scott Millar replied that he was not on the Board at that time and thanked Elle Noordzy for the clarification.
Further discussion ensued in reference to other issues contained in the Crossman Engineering Review Memorandum dated 11/13/2020.
Michael Sutton was in attendance representing the Morris Family. He is married to Mr. Morris’ daughter, Mary Ellen. He thanked everyone for taking the time, paying so much attention to detail and being conscious of the environment.
Attorney Bob Craven discussed the decommissioning bond; he has been working with Peter Ruggiero to work out the legalities. They have spoken to the Town Treasurer, Maria Lawler about setting up an escrow account. Further discussion ensued.
The Board and Attorney Craven agreed to bring a draft back to the Board for review.
Scott Millar stated the only issue is the time clock is due to expire on December 1, 2020.
Attorney Craven replied that it’s okay to go until the next regular Planning Board meeting on January 26, 2021.
Chair Chris Palmer stated they still need to discuss other issues, one being pollinators.
Scott Millar suggested to plant pollinators outside the fence area and go with the RI DEM accepted grass mix under the panels.
Elle Noordzy asked that Scott Millar share this information with Exeter Renewables.
Chair Palmer stated that he will prepare a final decision and asked to hear from the Board members regarding Conditions of Approval. At this time Chair Palmer reviewed the Conditions of Approval from Preliminary stage to see if the Board agrees with them as is:
1. Proposed buffer areas and setback areas, as noted on the plan dated 3/17/20 are identified. The clearing of areas that constitute the buffer and setback areas have clearing restrictions associated with them that the applicant shall adhere to and provide on each future plan submission. (Okay to keep as is)
2. The applicant will continue the road in a winding fashion to prevent direct views down the roadway but will be widening it to the required width for fire access. (This will be removed)
3. The applicant will only cut tall vegetation for the purposes of eliminating shading in the area cleared just outside of the fence line. Undergrowth and shrubs, that do not cause shading of the panels, will remain and not be cleared. This area shall be clearly marked on all subsequent plan sets. (Okay to keep as is)
4. The applicant shall install chain link w/screening inserts or privacy fencing of 7 feet high along areas abutting Lantern Lane and chain link fencing of 7 feet in other areas. The bottom of the fence will have a gap to allow small animals to pass underneath and through the installation. The notation of this fencing on all subsequent plans shall identify the type and height of fencing specified in this decision. Current references to “Privacy Fence (type to be determined)” shall be replaced with a specific reference to type and height of fencing approved. Chair Palmer commented that he thinks the black screening looks better than the green; the other Board members agree. The Chair asked Chris Sheal and Elle Noordzy to change on the plans – change to black slatting instead of green.
5. The applicant will provide for ground cover and a mowing schedule for application under and around the solar panels per RI DEM approved mix and a native pollinator species of a USDA NRCS approved mix outside the fencing. This will be reviewed and approved by a registered professional Landscape Architect and the Fire Marshal. Chair Palmer noted that we have a letter from the Fire Marshal and would like to have stamped by a landscape architect.
6. The applicant will provide a landscape plan, stamped and signed by a Rhode Island registered professional landscape architect, specifically showing the property line abutting the Lantern Lane residential area. This area of the buffer shall be reviewed by a registered professional Landscape Architect to confirm that it will remain adequate on a year-round basis. (This will be removed)
7. The applicant will monument the tree line on the southern end (facing Route 102) of the solar installation to ensure that the tree line is maintained in the future for visual screening purposes. This monumentation shall be shown on all subsequent site plans. (Okay to keep as is)
8. The applicant will initiate and offer baseline well testing for residential abutters on Lantern Lane. This will be conducted as a voluntary sign up for any resident interested in participating. Elle Noordzy stated there was one resident that opted in for the well testing; Aqua Science in Exeter will be conducting the testing before and after construction according to industry standards. Chair Palmer will add testing well water post 6-months after construction.
9. The applicant will confirm and provide the panel height at installation. Frank Epps stated that the panel height will be no more than 8 feet, (believes our ordinance is 15 feet) based on the orientation of the panels, the tilt of the panels, and the distance between the rows, 8 feet is what has been estimated. Mr. Epps asked to keep this on stating that the panel height will not exceed the ordinance requirement. This will be marked on the final plan for the building permit.
10. The applicant will show any and all areas for proposed for future logging that will take place in order to install the solar facility. These areas shall be clearly marked on all subsequent site plans. (Has already been addressed on final plans)
11. A cash decommissioning bond will be set and collected prior to/subsequent with Final Approval in an amount suggested by independent peer review and approved by the Planning Board. (In progress)
12. The Planning Board will require the that the applicant provide funds for peer review and inspection per Section 3.3.C of the Subdivision Regulations. This peer review will occur prior to Final Approval and any results of that review will be reviewed and discussed by the Planning Board at the Final Plan review meeting. (To be continued)
13. If the applicant intends to engage in site improvements prior to final approval they shall notify the Town before such work begins. (No actual construction will be taking place)
Chair Palmer stated that the Board had agreed upon inspections for the SERC plans; he asked if the Board want an “as -built” of final construction for this project.
Scott Millar stated that during construction, Crossman should be looking at soil erosion and if storm water run-off is functioning properly and then provide an “as-built” inspection.
Chair Palmer stated that the applicant can provide an “as-built” stamped drawing by a
professional to show all the improvements that have been done and then the Building Inspector will review the “as-built” to make sure they have complied with the plan. He doesn’t think that is something Crossman will do and feels we should require the applicant to do this and submit to the Town.
Scott Millar asked to clarify that he feels Crossman should verify that what is built there is according to plan.
Mike DeFrancesco agrees; as a Planning Board he thinks we would want occasional observation reports from Crossman. Additionally, at the end of a job, there should be a set of certified “as-builts” from the applicant showing that the project was built in accordance with the approved conditions.
Frank Epps added that this is a standard requirement on all jobs they have done.
Chair Palmer polled the Board asking if they’re all-in favor of “as-builts” and inspections. All are in agreement to add to the above list.
Chair Palmer stated that there are (2) items left: Drainage and Decommissioning. He will work on a written final approval and provide to the Board members prior to our next meeting.
Chair Palmer and Attorney Craven agreed to extend the time clock date to February 1, 2021.
Mike DeFrancesco stated he would also like to see a letter from Crossman that all these conditions have been met.
Chair Palmer made a motion to continue this to the January 26, 2021 Planning Board meeting; Bill Haas seconded. Roll call was taken; voted all in favor. Motion passed.
B. Preliminary Plan-Minor Subdivision: Applicant and Owner, Jade Investment Group, LLC; property located at South County Trail, Exeter, RI; Zoned B and further designated as AP 71, Block 4, Lot 3 for a proposed minor subdivision. Certified Complete November 18, 2020 (Application time clock Expires January 22, 2021)
Chair Chris Palmer introduced the above application and turned over to Richard Marcello who was present and reviewed their proposal for a minor subdivision.
Chair Chris Palmer shared the site plan on the screen to review. Chair Palmer asked about the easement areas on the proposed lots.
Richard Marcello explained that the easement areas were created when they came in for approval for Pine View Apartments; they are temporary grading and drainage easements because at the time and presently, are unable to identify what these two parcels will be. So, they created temporary easements so they could separate them from the Pineview property, wetlands and drainage ponds.
Chair Chris Palmer and Mr. Marcello discussed these easements in further detail. Chair Palmer added that for the final plan he would like to see actual drainage easement language that allows record lot 2 and record lot 1 to discharge their drainage on to that Pine View lot, which is record lot 8 (AP71-B4-L8).
Richard Marcello stated that is on record and available, so he will provide that. He also stated that it was incorporated when the drainage was approved for Pine View.
Chair Palmer stated that he will want to have a condition of approval that all RI DEM, RI DOT, and Stormwater permits shall be up to date for Development Plan Review, for each lot.
Richard Marcello asked Chair Palmer to clarify what his expectations are; Chair Palmer explained what he is asking for and wants it to be in writing.
Richard Marcello said this is acceptable to him.
Scott Millar questioned and discussed the soil designation supplied: (2) different types.
Richard Marcello agrees; water table data is available to review.
Scott Millar asked to have Dan at American Engineering to note the soil types on the plans.
Richard Marcello agrees and will have this added and make this a condition of approval for final.
Chair Palmer asked if each of these sites will have their own water supply.
Richard Marcello stated they have a public water supply that was approved in 2008 for the parcel and will be using that water source that’s located at the rear of the property. There is an existing well and have the approvals from the RI Department of Health. In addition to that, they put in a second well as an additional water source in that same location; waiting for approval on this.
Chair Palmer stated he doesn’t see any well easements that benefit either lot 1 or lot 2.
Richard Marcello stated that the easements can be prepared and put on prior to recording.
Chair Palmer asked if the Board had any further questions; hearing none asked for a motion.
Mike DeFrancesco made a motion to approve with the following conditions:
1. Both parcels are subject to Development Plan Review and to achieve updated State permits at that review process;
2. Show soil types on the final plan;
3. Access for lot 1 & 2 are limited to one access point as shown on the plans from South County Trail;
4. Show proper easements for drainage on to lot 8 and water line easements servicing lots 1 & 2 on this proposed subdivision.
Bill Haas seconded the motion. Roll was call taken. Voted all in favor 5-0. Motion passed.
A. D’angelo Minor Sub-division Pre-application: Applicant and Owner, Rocco D’angelo; property located at School Land Woods Rd., Exeter, RI; Zoned CR-5 and further designated as AP 66, Block 3, Lot 1 for a proposed minor subdivision. Discussion and no action to approve. (Application has no time clock at this stage)
Mr. Rocco D’angelo, applicant and Debra Grant from Environmental Planning were present for this pre-application. Ms. Grant stated that Mr. D’angelo is proposing to take an existing 25.4-acre lot and split down the center into two lots; one containing 2.2 acres of buildable property and the other containing 2.2 acres of buildable property, with the rest in a conservation zone. Mr. D’angelo is requesting this sub-division in order for his two sons to build houses.
Scott Millar asked about the conservation zone and if the Audubon Society has an easement on this property.
Ms. Grant replied in the affirmative, and stated that there is a letter in the packet from the Audubon Society supporting the project.
Scott Millar added that in our sub-division regulations there is a requirement to maintain a vegetated buffer between the road and the home of 50 to 150 feet, and is at the discretion of the Planning Board. Based upon the set back of 150 feet, it seems reasonable that the Board might request a minimum of a 100-foot vegetated set back. The idea is to maintain the natural vegetation that is there and not plant a lawn down to the road side.
Rocco D’angelo stated that the Audubon Society stipulates that they cannot cut within the 150-foot set back.
Scott Millar replied that the Board will go with the 150-foot buffer to coincide with the Audubon Society requirements.
Chair Chris Palmer asked about the plan showing two driveways, but the letter from the Audubon Society states a single driveway. Further discussion ensued regarding a single driveway vs. two.
Chair Chris Palmer noted that the certification on their plans need to be updated.
Deb Grant stated she will revise with current certification.
Rocco D’angelo asked about handling the remainder of the application administratively.
Chair Chris Palmer explained the process.
A. Zoning Board of Review: (1) November application requesting a special use permit for a Fitness Center at the Twisted Throttle building on Rt. 3. A discussion ensued; Mike DeFrancesco suggested that the Planning Board provide an advisory opinion to the Zoning Board as this application requires a change of use. Chair Chris Palmer to address.
B. Approval of Minutes:
1. September 8, 2020
Motion by Scott Millar to approve minutes as submitted; seconded by Mike DeFrancesco. Roll call taken. Voted all in favor. Motion passed.
2. September 22, 2020
Motion by Scott Millar to approve minutes as submitted; seconded by Mike DeFrancesco. Roll call taken. Voted all in favor. Motion passed.
3. October 27, 2020
Motion by Scott Millar to approve minutes as submitted; seconded by Mike DeFrancesco. Roll call taken. Voted all in favor. Motion passed.
C. Approval of Invoices: None
D. Solicitor’s Report: None
E. Planner’s Report: Chair Palmer stated that a lot of project applications are coming in; we also have received (3) new resumes for the Town Planner.
F. Draft Agenda: December 8, 2020.
G. Correspondence: None
Motion by William Haas to adjourn, seconded by Michael DeFrancesco; voted all in favor. MOTION PASSED. Chair Palmer adjourned the meeting at 8:38 p.m.
Respectfully submitted,
M. Dixie Foisy
Planning Board Clerk