Town of Exeter, Rhode Island
PLANNING BOARD
675 Ten Rod Road
Exeter, R.I. 02822
401-294-2612
401-294-2592
Meeting Minutes
February 9, 2021
Approved: April 27, 2021
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, Bill Haas, Donna Pari, Scott Millar, Michael Viveiros and Donna Di Donato
Members Absent: None
Staff present: Steve Sypole, Solicitor, Bill DePasquale, Planner and Dixie Foisy, Clerk
Chair Chris Palmer called the meeting to order at 6:31 p.m.
None
A. Continuation of Preliminary Plan Approval for Comprehensive Permit, Major Land Development and Modification: Pineview Apartments, property located at South County Trail, Exeter, RI; Zoned SPLT and further designated as AP 71, Block 4, Lot 8 for a proposed housing development. Application time clock expires on April 19, 2021.
For the record, Michael Viveiros recused himself from the Pineview application and will complete a recusal form for the file.
Chair Chris Palmer introduced the above application and explained that this Public Hearing was continued from the January 26, 2021 Planning Board meeting. He then turned over to Attorney Ken McGunagle as they supplied additional information to be reviewed.
Attorney McGunagle thanked the Board for allowing them to present during their normal “Work Session.” He proceeded to introduce the Presenters for the evening: Frank Shea, the Executive Director of Women’s Development, Charlotte Thomas-Davidson, the Director of Real Estate at Women’s Development, Craig Anderson, Architect and Patrick Freeman, Engineer and Bob Ferrari, Water Consultant, from N.E. Water Solutions in Exeter. The presentation(s) ensued; and discussion between the Presenters and the Board took place.
Chair Chris Palmer opened up to Public Comment and the following Property Owner spoke to their concerns:
1.) Christine Heart-Skaggs, 71 Raymond Potter Ln, Exeter, RI
Further discussion ensued among the Property Owner, the Board and Presenters.
Michael DeFrancesco made a motion to close the Public Hearing; Chair Chris Palmer seconded. Roll call was taken; voted all in favor 5-0. Motion passed to close the Public Hearing.
At this time, further discussion regarding Bill DePasquale’s memo ensued and some revisions and additions were made.
Chair Chris Palmer asked for a motion to approve the Preliminary Plan based on the Town Planner’s memo with conditions of approval and waivers that were granted and not granted.
Scott Millar made a motion; Chair Chris Palmer seconded. For the record, Chair Palmer read page 6, IV. Recommendation: Conditional Preliminary Approval – Major Land Development from Bill DePasquale’s memo aloud for the record.
Michael DeFrancesco reviewed page 5 of Bill DePasquale’s memo, Findings of Fact, specifically Items #3, 4, 5 & 6 and requested to modify for the record.
Roll call was taken; voted all in favor 5-0. Motion passed for Conditional Approval of the Preliminary Plan.
A. Zoning Board of Review: No February applications
B. Approval of Minutes:
1. November 10, 2020
Motion by Scott Millar to approve minutes as submitted; seconded by Bill Haas. Roll call taken. Voted all in favor. Motion passed.
2. November 24, 2020
Motion by Scott Millar to approve minutes as submitted; seconded by Bill Haas. Roll call taken. Voted all in favor. Motion passed.
3. December 8, 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: Scott Millar made a motion to approve (2) invoices for Peter Ruggiero $450.00 and $117.00; seconded by Michael DeFrancesco. Roll call taken. Voted all in favor. Motion passed.
Chris Palmer made a motion to approve (1) invoice for Allied Court Reporters $300.00; seconded by Scott Millar. Roll call taken. Voted all in favor. Motion passed.
D. Draft Agenda: Regular Meeting on February 23, 2021; Chair Palmer discussed an email from Lynn Hawkins regarding a joint meeting with the Town Council regarding ADU. The clerk to forward to Planning Board members upon conclusion of the meeting.
E. Correspondence: 1.) Memo from Christine Heart-Skaggs regarding Pine View Apartments was reviewed during the Public Comment portion of the Public Hearing.
2.) Chair Chris Palmer reviewed the notice of a meeting invite regarding Beaver River Watershed
Study.
Motion by Bill Haas to adjourn the Special Meeting; Scott Millar seconded. Voted all in favor. MOTION PASSED. Chair Palmer adjourned the Special Meeting at 9:00 p.m.
TUESDAY, FEBRUARY 9, 2021
Members present: Chris Palmer, Michael DeFrancesco, Bill Haas, Donna Pari, Scott Millar, Michael Viveiros and Donna Di Donato
Members Absent: None
Chair Chris Palmer called the work session to order at 9:02 p.m.
Scott Millar asked that we close the meeting promptly at 9:30 p.m. and stated that we may have to continue Item B. on the agenda so that it gets the time it deserves.
Chair Chris Palmer polled the Board on whether to extend the meeting until after 9:30 p.m. this evening; the decision was unanimous not to extend the meeting past 9:30 p.m.
Gina Thurn, stated that her comments are related to Item B. - Controlled Environment Overlay, but will wait until that item is being discussed.
A. Discussion: Administrative Officer and Duties
Chair Chris Palmer stated that he and Bill DePasquale have been going over everything very thoroughly, addressing anything outstanding and working to stream line information to get the best information in front of the Board to assist in making the best possible decisions. Chair Palmer stated that Bill is on the right track as he’s been doing this for a long time and has come up with a lot of things that he hadn’t which is great!
B. Discussion of Draft Ordinance: Controlled Environment Overlay
For the record, Chair Chris Palmer recused himself from RI Grows, LLC at Schartner Farms application and will complete a recusal form for file.
Acting Chair DeFrancesco introduced the above item for review. He noted there was a memo dated February 1, 2021 from Bill DePasquale, Town Planner, and Schartner Farms narrative report that was submitted. This project is a Major Land Development and would require a Master Plan application but noted there is also a request for a Zoning Overlay District. Acting Chair DeFrancesco stated that this would need to go before the Zoning Board and/or the Town Council for approval first, then the Master Plan application would be valid.
Solicitor Steve Sypole suggested that the Planning Board make an advisory recommendation to the Zoning Board and/or Town Council. He stated that the applicant would first submit a Master Plan application and the Planning Board would review on a conditional basis, and the next step should be to go before the Town Council for the amendment.
Scott Millar stated he was confused as we started the process of reviewing the Master Plan application back in September of 2020 and then everything ceased; he asked about the status.
Acting Chair DeFrancesco stated that the application was never completed and that he had sent out a letter in September 2020 denying the application stating it was incomplete. The Board needs to come up with a conditional approval of the Master Plan.
Solicitor Sypole agreed and added that the Planning Board would then do an advisory recommendation on the Zoning amendment.
Attorney Steven Surdut, representing Tim Schartner, stated that there were some minor changes made to the ordinance submitted for review and that they were now requesting to change from a Major Land Development application to Development Plan Review (DPR) with the Planning Board. He stated that they do have an application pending and a request from the Town Council to the Planning Board for a determination. Attorney Surdut stated they have been given special conditions due to the nature of the application from RI DEM and shared that DEM is doing something called “design build” with them due to the unique nature of this project as this will provide food security and a vehicle to allow agriculture to continue in the State of RI. He also stated that there is an application in the Planning office and that they had come before the Planning Board to give everyone an opportunity to weigh in on this in an informal way and to review the ordinance presented in their packet.
A discussion ensued regarding the proposed Zoning Overlay District that was presented and whether the application submitted to the Planning office for DPR is appropriate.
Scott Millar stated that he strongly disagrees with this being a DPR and believes that this should be a Major Land Development application as this is not a small-scale project.
Acting Chair DeFrancesco polled the Board and asked for any feedback; the majority of the Board agreed with Scott Millar. The Chair stated that the process should include (2) applications simultaneously – a Master Plan application and the other for a Zoning amendment. At that time, the Board would review the Master Plan application and then issue a conditional approval for the Zoning ordinance to go forward.
Solicitor Steve Sypole referenced RI State Law, Section 45.23.61, the precedence of approval which states that an applicant who has a project in mind needs both the Planning Board’s approval and the Town Council; this has to come to Planning first for a conditional approval and a recommendation on the Zoning amendment. He offered to obtain a copy of this statute and share with the Board. Solicitor Sypole then asked the applicant if an application had been put before the Town Council for a Zoning amendment.
Attorney Surdut replied in the affirmative.
Further discussion ensued between Attorney Sypole, the Board and the Applicant regarding the correct process for this application.
Tim Schartner asked to speak on this application and stated that he first came to the Board back in 2018. He explained all the steps he has taken to put this project together and disagreed that he has personally delayed this project in any way.
Acting Chair DeFrancesco stated that we had run out of time and would not continue this discussion at this time.
Solicitor Sypole suggested that he will discuss this with Bill DePasquale and Peter Ruggiero to determine exactly where we are with this from a procedural perspective and will report back to the Board.
Acting Chair DeFrancesco asked Steve Sypole to follow up with the Schartners’ as well to advise them on what the proper procedure is, in terms of applications.
Motion by Bill Haas to adjourn, seconded by Michael DeFrancesco; voted all in favor. MOTION PASSED. Acting Chair Michael DeFrancesco adjourned the meeting at 9:35p.m.
Respectfully submitted,
M. Dixie Foisy
Planning Board Clerk