SPECIAL MEETING

Members present:     Scott Millar, William Haas, Gina Thurn, Joe St. Lawrence, Michael Viveiros and Donna Di Donato

Members Absent:      Michael DeFrancesco

Staff present: Steve Sypole, Solicitor, William DePasquale, Planner and Dixie Foisy, Clerk

I.                CALL TO ORDER:

Acting Chair Scott Millar called the meeting to order at 6:30 p.m.

II.              PUBLIC COMMENT:

      See below.

III.            NEW BUSINESS:

A.    Comprehensive Plan Amendment: Revity Energy, LLC, Applicant and Exeter Real Estate Holdings, LLC, Owner of property located at Ten Rod Road, Exeter, RI; Zoned RU-4 and further designated at Assessor’s Plat 22, Block 3, Lot 3 for a recommendation to the Town Council for a comprehensive plan text amendment and change to future land use map.

B.    Zone Change: Revity Energy, LLC, Applicant and Exeter Real Estate Holdings, LLC, Owner of property located at Ten Rod Road, Exeter, RI; Zoned RU-4 and further designated at Assessor’s Plat 22, Block 3, Lot 3 for a recommendation to the Town Council for a zone change from zone RU-4 to Planned District (PD).

Acting Chair Scott Millar opened the meeting and stated that late that afternoon, the Planning Board received a legal notice from Mancini Carter, Attorneys at Law, filed by Green Development, LLC regarding the Revity Energy, LLC application. Chairman Millar asked Solicitor Steve Sypole to explain the filing to those present.

Solicitor Steve Sypole explained that the correspondence that was received, submitted on behalf of Green Development, LLC (the Appellant), was an appeal to the Town of Exeter’s Zoning Board of Review. He went on to say that both the General Laws of Rhode Island, Appeals-Stay of Proceedings: Section 45-23-68, and Section 10.3 of the Land Development and Subdivision Regulations states that an appeal stays all proceedings and furtherance of the action being appealed. He stated that, due to the appeal, the Planning Board would not be able to address any of the items on the agenda regarding the Revity Energy, LLC application.

Acting Chair Millar asked if Mr. Restivo had any comment.

Jon M. Restivo, Esq., of DarrowEverett, LLP, representing Revity Energy, LLC, stated that this appeal is unfortunately what the law provides, but felt this would be a temporary delay. He thanked all those who turned out and stated that they were welcome to contact him directly to continue to discuss the project.

Acting Chair Millar stated that they had no idea how long it would be before this issue would be resolved. He stated that this was the only issue on the agenda other than public comment. At this time, the Acting Chair offered to accept any public comment that did not touch on the Revity application.

PUBLIC COMMENT:

Robert Leonard, 47 Cobblestone Hill Road, asked for a non-legal explanation of the appeal.

Town Solicitor Sypole stated that Green Development has filed an appeal of the recently approved Planning Board’s Conditional Master Plan for the Revity project. With the appeal the law states that everything is stayed or frozen in place until the appeal is decided.

Mr. Leonard then asked if this was about the fact that Green Development had previously applied for the same property? Solicitor Sypole stated that he didn’t want to comment, due to a pending law suit between Revity and Green Development and the rights to this property.

Asa Davis, 146 Beechwood Hill Trail, was recognized by Acting Chair Millar.

Mr. Davis wanted to know if the two Revity items listed on the agenda were being appealed.

Solicitor Sypole indicated that no, they we not, however the law, with regards to the appeal, is pretty broad and he didn’t see how these agenda items could be separated out from the overall Revity project. He asked Mr. Restivo for his input.

Mr. Restivo felt this appeal was simply a delay tactic, he felt that the appeal would fail on its merits rather quickly and felt that Solicitor Sypole’s interpretation was probably a correct interpretation.

The Acting Chair asked for any additional comments.

He recognized Crystal Leonard, 47 Cobblestone Hill Road.

Ms. Leonard asked the Board to consider doing Zoom meetings, as well as in person meetings. She felt that this option would allow working individuals and people with children an opportunity to participate in these meetings.

Acting Chair Millar stated that this was an excellent suggestion, and that they would look into the logistics of offering perhaps a type of hybrid meeting in the future.

Solicitor Sypole stated that every town is facing this same issue but learning that there is apparently a substantial cost associated with the technology to accomplish this type of meeting. He indicated it would really be a Town Council decision and would entail a large investment in both upgrades to the system and the cost of the technology.

Acting Chair Millar asked if there are any comments.

The Acting Chair recognized Mary Sommer, 297 Widow Sweets Road.

Ms. Sommer’s question was addressed to the Revity representative about reaching out to them for questions ranging from impacts on the water table to potential land disruption and the clearing of property.

Attorney Restivo, representing Revity, stated that residents could absolutely reach out to them and they would be happy to answer any questions the residents may have.

Ryan Palumbo, Vice President of Revity Energy, indicated that going forward he would like to set up a neighborhood zoom meeting to help answer any questions. He noted that they would also welcome doing outside visits, even doing visits at an individual’s property.

The Acting Chair asked for any additional comments?

The Acting Chair recognized Ted Nataly, 34 Nelson Drive.

Mr. Nataly spoke to his concerns regarding the Comprehensive Plan and how it has not been properly addressed. He stated that the Plan is antiquated and that the Board was using the outdated plan to control the outcome of local projects. He noted that now the Board, for some reason, was moving forward with a new Comprehensive Plan and felt it was being rewritten to favor a certain group of people.

Acting Chair Millar stated that Mr. Nataly’s comments, many of them, were in regards to the Revity project and legally they could not comment on that ongoing legal challenge. He did go on to address Mr. Nataly’s questions in regards to the Comprehensive Plan. He stated that the Board was in no way intentionally holding up the Comprehensive Plan.  He went on to say that, in fact, the Town Planner has sent out a Request for Proposal (RFP) and they are awaiting replies from perspective consultants. Acting Chair Millar noted that there is a very robust public outreach component as part of the Comprehensive Plan, in order to hear from as many people in the Town as reasonably possible, because the plan will affect future land use in the Town.

Mr. Nataly noted that for many years, the former Town Planner was unable to produce an updated Comprehensive Plan. He stated that the Town had no confidence in the former Town Planner and refused to give her a raise. Following that, the Town Council and a former Planning Board member voted to give her a 5 percent raise. He felt that the Planning Board was purposely holding up the Comprehensive Plan. He has contacted the State of Rhode Island with regards to the Comprehensive Plan and it was noted that the Comprehensive Plan could be interpreted in many different ways.

Acting Chair Millar noted that Ashley Sweet, former Town Planner, was hired by the Town Council before he joined the Planning Board. He noted that writing a Comprehensive Plan was a very difficult job. He went on to say that it’s very hard, to be a part-time planner, with all the roles and responsibilities that they have, and write a Comprehensive Plan in their spare time. He stated that, “it became mission impossible.” He noted that the Board is trying to move forward to get this new Comprehensive Plan done and get the job done right.

Crystal Leonard asked the Board about a timeline for the plan.

Acting Chair Millar noted that the RFP has not gone out the door as of yet, and stated he didn’t see getting this done within a two-year period; the Board hopes to obtain a lot of public feedback and that this takes time.

Dan Patterson, Town Council President, asked for input from Town Planner William DePasquale.

Town Planner DePasquale noted that the Town Council did allocate a significant amount of funds up to $100,000 to achieve a Comprehensive Plan within a two-year time frame. The plan will require a lot of public input, and a lot of revision. He noted that he has completed a draft of the RFP and hopes to get it out the door as soon as possible. He stated that the RFP is rather lengthy, and that they are specifically designed that way so that at each stage there is a deliverable and a date so that the consultant has no wiggle room for them to say, well, I didn’t read the proposal that way. Planner DePasquale noted that they have to be on task and under budget.

Robert Leonard asked a procedural question regarding Revity. He asked if it was safe to assume that the master plan’s execution would be contingent upon the agenda items that were suppose to be taken up tonight? Acting Chair Millar said yes, that’s correct. Mr. Leonard went on to ask, “What are the next steps?”  “How will notifications go?”

Solicitor Sypole stated that there will be a hearing before the Zoning Board before the end of the year. The solicitor noted that it could go before the Superior Court and that could take a really long time. He went on to say that first, the Zoning Board would make a decision on the appeal. Then, if either party was not happy with the Zoning Board’s decision, they could appeal it to the Superior Court. It was noted that the public would be able to attend the Zoning Board review. Mr. Sypole stated that if Revity is successful on this appeal, the Board would then come back and take up the two items that were slated on tonight’s agenda.  

ADJOURNMENT:

Acting Chair Millar asked if there were any other questions or comments. Hearing none. Board member Bill Haas made a motion to adjourn, Joe St. Lawrence seconded.  Voted all in favor, 5-0. The motion carries. The meeting adjourned at 6:57 p.m.

Respectfully submitted,  

Rebecca M. Lukowicz

M. Dixie Foisy

Planning Board Clerk