Town of Exeter, Rhode Island
PLANNING BOARD
675 Ten Rod Road
Exeter, R.I. 02822
401-294-2612
401-294-2592
Meeting Minutes
January 26, 2021
Approved on: March 23, 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, Donna Pari, Scott Millar and Michael Viveiros
Members Absent: Donna Di Donato
Staff present: Steve Sypole, Solicitor, William DePasquale, Planner and Dixie Foisy, Clerk
Chairman Palmer called the meeting to order at 6:30 p.m.
Christine Heart-Skaggs of 71 Raymond Potter Lane, Exeter, was present and asked to talk about the Pineview Apartments major land development. Chair Palmer suggested Ms. Skaggs wait to speak on this when we open the public hearing for that item. Ms. Skaggs agreed.
A. Continuation of 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 November 24, 2020 (Application time clock Expires after extension February 1, 2021)
Chair Chris Palmer introduced the above petition and reviewed the materials that everyone should have in their packets. The Chair then turned over to Attorney Robert Craven to review outstanding issues in reference to the Decommissioning Agreement. Chair Palmer shared the Decommissioning Agreement on the screen and Attorney Craven reviewed the agreement; he discussed changes that have been made, and others that will still need to be made. Attorney Craven stated that they devised a method to reach the accurate amount of $501,562.50 which represents the amount of money that they believe is equivalent to the cost needed to decommission this project in 30 years. The reason for the additional money is that the Town of Exeter’s ordinance requires 125% of amount needed to decommission this project in 30 years, to be posted in cash and kept in an account by the Town of Exeter and the Town will be the signatory to the agreement and the signatory to the withdrawal. This agreement goes on to state that if the company does not show up to decommission the project within 30 years, or at the end of its useful life, the money will be forfeited. The agreement also requires that if any of the panels need to be changed, the Town must be informed of these changes within 14 days of any modifications. Lastly, there is a provision provided that in the event, 30 years from now, if the Town of Exeter cannot locate what corporate entity this money is owed to, the Town will be able to go to Superior Court to file an action to determine who is deserving of said money.
Michael DeFrancesco questioned the format and asked if this needs to be signed by a second party or the Town Council, or is the Planning Board authorized to sign.
Solicitor Sypole stated he does not believe the Town has to sign the document.
Mike DeFrancesco wanted to confirm that this would be part of the approval process as one of the conditions.
Attorney Craven and Steve Sypole both replied in the affirmative to Mike DeFrancesco’s question. Solicitor Sypole also stated that as long as it is signed by the applicant, it’s enforceable against the applicant.
Chair Palmer asked to confirm this will be required at the building permit stage and that the cash bond will be posted at that time.
Attorney Craven confirmed.
Chair Chris Palmer stated that the next item to be reviewed was the Crossman Plan Review Submission.
Chris Shea from Wood Environment reviewed a memo dated January 15, 2021 titled “Final Plan Submission/Engineering Response to Crossman Comments” on behalf of Exeter Renewables 1, LLC. To summarize, Ms. Shea reviewed Crossman’s feedback and provided responses as to how they have resolved or plan to resolve these issues.
Chair Chris Palmer asked Chris Shea about Crossman requiring an updated RI DEM permit, and asked if they have any concerns with that requirement.
Chris Shea replied that this is a minor change of raising the basins and modifications to outlet control structures and because of these changes, this will go back to RI DEM for a modification application, which is more for their records than anything.
Chair Palmer then questioned if we will need this before final approval; there are other items that still need clarification as conditions of approval such as the slats between the fence (condition #4). He also mentioned the approved mix and it should read “pollinator mix – NRCS mix” (condition #5). Chair Palmer continued to review the conditions of approval as referenced in Bill DePasquale’s memo. These should all be noted on the plans so there is no confusion.
Michael DeFrancesco and Chair Palmer discussed using Bill’s memo as a good list for the conditions of approval and will then be completed administratively by the Administrative Officer.
Mike DeFrancesco did also note that there are still typographical errors on the drawings – and pointed out page C2, note #4 states “North Kingstown” and asked to please have this corrected.
Further discussion ensued.
Michael Viveiros asked about the delivery of the check to the Town of Exeter and whether or not we could suggest using (2) banks and have (2) checks delivered to the Town.
Attorney Bob Craven stated that this will be placed in a bank account (Bank of Exeter’s choice) and will gain interest. Further discussion ensued and Attorney Craven stated he would handle this – first checking with the Treasurer for her opinion, but does agree this may be prudent to place the money in two separate accounts.
Scott Millar raised a concern with condition #4 regarding the space under the fence and asked that it be noted what that amount is – if it is 6 inches to have that noted - so it is clear.
Chair Chris Palmer stated that he would like to add that as this we be a conditional approval that all the language of the decommissioning agreement be handled administratively and asked Bill DePasquale for his input.
Bill DePasquale stated that the Administrative Officer shall work with the Petitioner on final language and work it out internally.
Chair Palmer stated the one last condition he would like to add is that Exeter Renewables 1, LLC will be in receipt of the updated DEM permit prior to obtaining a building permit or Administrative Final.
Bill DePasquale stated that this is more of a housekeeping item, but that we could work with the Building Inspector to be sure that it’s part of the record.
Chair Palmer asked Chris Shea what the timeline is on obtaining the modification permit from DEM.
Ms. Shea replied that she anticipates 60 days minimum.
Michael DeFrancesco made a motion to approve the final plan based on the Town Planner’s memo with conditions of approval for this project and proceeded to review the following Findings of Facts:
1. The property is located at 89 Ten Rod Road, AP 26 B 1 Lot 1
2. The property is zoned RU-4 and is approximately 141.47 acres
3. There are 2 existing houses on the property
4. The applicant is proposing to construct a photovoltaic solar facility based on the limits of the solar project and fencing shown on the plans (C1-C11 and L1-L5) provided to the Town dated March 17, 2020 as modified by subsequent conditions of approval. The output is estimated at 9.4-12.5 MW DC depending on the use of 390W or 435W solar panels. The range is to accommodate minor modifications within the fence line that may be requested by the solar design engineers.
5. The solar installation would occupy approximately 28.5% (fenced area) or 25.0% (solar field) of the entire 141.47-acre property. Plans indicated the total area of disturbance is 40 acres.
6. The remaining percentage of the site is currently in active agricultural production or undeveloped space of 71.5%.
7. The site is in active agricultural production. The agricultural portion of the property is comprised of 48.8 acres, or 34.5% of the site.
8. The vested project was subject to a zoning ordinance that allowed for utility scale solar installations in the RU-4 zoning district by Special Use Permit. The applicant obtained a SUP on 2/14/19.
9. Public meetings were held on 07/24/18, 10/23/18, 11/27/18, 1/22/19, 11/26/19, 6/23/20, 7/14/20, 11/24/20 and 1/26/21. A site walk was held on 11/10/18.
10. The applicant has submitted plans to the Fire Marshal and she has indicated that her concerns have been addressed at this time.
11. At the Planning Board meeting of June 23, 2020, the Chairman raised a concern regarding notice requirements having been satisfied. The applicant’s attorney responded that despite the Chair’s concern, they believed all notice was proper and adequate.
12. This project is vested under a previous version of the solar ordinance (termed the “Green” ordinance), which the Planning Board found to be inconsistent with the Comprehensive Plan. Nonetheless, the vested status of this application under a previous ordinance allows this project to be reviewed under a former solar ordinance that was adopted by the Town Council, a duly elected body that adopted the ordinance amendments with the requisite determination that at that time the amendment was consistent with the local Comprehensive Plan.
13. Under the former ordinance the application was required to obtain a special use permit under the terms of that ordinance and that has been satisfied.
This concluded the Findings of Facts; Michael DeFrancesco continued next to the Required Findings
reviewed below:
1. This project is vested under a previous version of the solar ordinance (termed the “Green” ordinance).
2. The application was required to obtain a special use permit under the terms of that former ordinance and that has been satisfied.
3. The proposed development does not conform to the current Exeter Zoning Ordinance as a utility scale solar photovoltaic installation per Section 11.1 (3.5.2). However, the project is consistent with a previous version of the zoning ordinance, under which this application is vested. The vested status requires that the application be reviewed under that previous ordinance.
4. There will be no known significant negative environmental impacts from the proposed development at this time.
5. There will be a significant change to the pre-development hydrology of the site with potential impacts studied and mitigated to the extent practicable.
6. Stormwater and wildlife impacts have been addressed to the extent practicable through means of fence design, landscape maintenance practices and RIDEM approval of the stormwater design to ensure no post development increases in runoff from the site occur (3.5.3). The approval of the stormwater design may be updated to a minor degree as approved by the Administrative Officer at a later date.
7. Pedestrian and vehicular circulation is safe the subject lot being preexisting and has adequate and permanent access to a public street. No access easement is required (3.5.9)
8. Drainage provisions are as proposed were approved by RIDEM.
9. The proposed site development provides a means to preserve agricultural lands as a portion of the site will continue production. Agricultural production is an important feature in Exeter and this solar proposal assists in the continued agricultural production on the site.
10. This project maintains the existing scenic rural vista of Route 102 by concealing the solar land use which will be not visible from local roadways or neighboring residential homes (3.5.6)
11. Complies with lot frontage requirements of the Exeter Zoning Ordinance (3.5.8).
12. The proposed development meets all the design standards of the Exeter Zoning Ordinance, as are applicable to this project as vested under a prior zoning ordinance (Sec 2.5).
Michael DeFrancesco suggested adding:
13. Any other minor conditions not shown or as agreed upon tonight, may be received by the Administrative Officer so long as that they are compatible with the intent of our approval.
Motion seconded by Scott Millar.
Chair Palmer stated he would like to clarify the following:
o #4 under Findings of Facts that we add the 6” of ground clearance for the fencing;
o Under this conditional approval that the updated final plans and permits be submitted and done administratively through the Administrative Officer.
Michael DeFrancesco agrees to amend his motion to include these minor modifications to include required findings and conditions of approval.
Scott Millar added to be clear to also add – as stated in the memo to the Planning Board from Bill DePasquale dated 1/20/2021.
Roll call was taken; voted all in favor 5-0. Motion passed.
At this time, Chair Chris Palmer made a motion to open the Public Hearing for the below application; Mike DeFrancesco seconded. Roll call was taken; voted 5-0 all in favor. Motion passed to open the Public Hearing.
B. 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. (Please note: Ron Ronzio of Allied Court Reporters provided stenographer services during this Public Hearing)
Chair Chris Palmer gave a brief background on Pineview and turned over to Attorney Ken McGunagle, representing Women’s Development who is the owner of PV Exeter Apartments LP. Attorney McGunagle explained that Pineview was before the Board with an application for a Comprehensive Permit; they received Master Plan approval back in 2014 and Preliminary Plan approval in 2016. In January 2019, the Preliminary Conditional approval was extended to June 30th with one modification; they had requested that they change the percentage of affordable units from 25% to 100%, and that was granted. In July of 2020, they came back to request an extension on the Preliminary Conditional approval again for 1-year. Since July, they have purchased the property through the RI Housing Land Bank and bought the property from the Marcello’s, so now PV Exeter Apartments is now the owner. Attorney McGunagle then introduced the Presenters for the evening: Charlotte Thomas-Davidson, the Director of Real Estate at Women’s Development, Craig Anderson, Architect and Patrick Freeman, Engineer and Frank Shea, the Executive Director of Women’s Development. 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 two Property Owners spoke:
1.) Christine Heart-Skaggs, 71 Raymond Potter Ln, Exeter, RI
2.) Richard Marcello, 2505 Boston Neck Rd, Saunderstown, RI
Further discussion ensued among the Property Owners, the Board and Presenters.
Scott Millar made a motion to close the Public Hearing; Bill Haas seconded. Roll call was taken; voted 5-0 all in favor. Motion passed to close the Public Hearing.
Further discussion among the Board members and the Solicitor took place.
Chair Palmer made a motion to continue the 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 until Tuesday, February 9, 2021; Bill Haas seconded. Roll call was taken; voted all in favor 5-0. Motion passed.
Chair Chris Palmer polled the Board on whether to extend the meeting until after 9:30 p.m. this evening; the decision was unanimous to not extend the meeting and end by 9:30 p.m.
C. Request for Extension: Renew Solar RI Exeter Ten LLC; James Marshall, Applicant and Owner, of property located at 590 Ten Rod Road, Exeter, RI; Zoned RU-4 and further designated as Assessor’s Plat 37 Block 1 Lot 5
Chair Chris Palmer introduced this extension request; Attorney Jon Restivo was present representing Mr. James Marshall and are requesting a 1-year extension of the Master Plan Approval. Scott Millar made a motion to approve; Mike DeFrancesco seconded the motion. Roll call was taken; voted all in favor 5-0. Motion passed to grant a 1-year extension until February 28, 2022.
D. Request for Extension: Renew Solar RI Exeter Mail LLC; Rina and Lee Stamas, Applicant and Owners of property located at 148 Mail Road, Exeter, RI; Zoned RU-4 and further designated as Assessor’s Plat 71 Block 4 Lot 14
Chair Chris Palmer introduced this extension request; Attorney Jon Restivo was present
representing Rina and Lee Stamas and are requesting a 1-year extension of the Master
Plan Approval. Chair Chris Palmer made a motion to approve; Scott Millar seconded the
motion. Roll call was taken; voted all in favor 5-0. Motion passed to grant a 1-year
extension until February 28, 2022.
E. Pre-application: Purgatory Lots; Jason P. Hendrick and Peter C. Hendrick, Applicants and Owners, of property located at Purgatory Road, Exeter, RI; Zoned RU-4 and further designated as Accessor’s Plat 50, Block 4, Lot 10 for a proposed 3-lot minor subdivision.
Chair Chris Palmer turned this over to Charee Jackson, of Jackson Surveying Inc. who was present representing the Hendricks who could not be in attendance and will be speaking on their behalf. Ms. Jackson stated she had planned to review the narrative and site plans, but to save time she asked the Board if they had any questions.
Chair Palmer stated there will be no voting or approvals as this is a pre-application and the Board will only provide recommendations this evening. The Chair stated that they seem to meet all zoning requirements for each lot and look to be further along than pre-application stage. He did state that they may want to add the required 50–foot vegetated buffers from the road to the site plans.
Scott Millar added for this project it would probably require a minimum of a 100-foot buffer; but did note that the vegetation is already there so it would more of maintaining the existing vegetation.
Ms. Jackson asked if this is a deed restriction or a condition of approval with just a notation on the preliminary plan.
Scott Millar stated that this a requirement of subdivision regulations, not necessarily a deed restriction.
Chair Palmer suggested that a notation of the plan and marking the area so it is clearly defined on the record so the applicant and the building official are aware of it.
Ms. Jackson stated she understands and agreed.
Mike DeFrancesco asked the Solicitor if there is a requirement to have an affordable unit in a minor-subdivision.
Steve Sypole stated he would have to review the ordinance and get back to Mike on this, but he stated that he believes it is based on the number of units and that 3 is below that but will double check.
Mike DeFrancesco added that we also require monumental boundaries at the property corners so that each resident know where their property ends/turns.
Ms. Jackson stated that she understands.
Chair Palmer suggested checking with the Fire Marshall regarding the requirement of a fire cistern.
Ms. Jackson stated she will check but believes that the ordinance states 5-lots.
Bill Haas agreed with Charee that it is 5-lots; he believes it is 5 for affordable housing and 5 for a cistern.
Bill DePasquale stated that with inclusionary zoning 4-7 is one lot; and stated as this is 3 lots so it would not be required.
Bill DePasquale also inquired about well capacity and yield recharge for Preliminary.
Ms. Jackson asked if they were requesting well testing on-site to get capacity.
Scott Millar stated that the Town of Exeter doesn’t normally do that and it’s been up to the homeowner to take that risk; but luckily, they haven’t encountered any issues based on the size of the lots.
Chair Palmer stated that we could have this conversation at Preliminary.
The consensus from the Board was all positive and feel that they’re on the right road to the next phase.
F. Discussion and/or Possible Action: Appoint Administrative Officer to the Planning Board
Chair Palmer introduced this item; Michael DeFrancesco made a motion to appoint William DePasquale, Town Planner – as Administrative Officer to the Planning Board. Scott Millar seconded. Roll call was taken; voted all in favor 5-0. Motion passed.
Chair Chris Palmer asked for a motion to continue the administrative items to the next Planning Board Work Shop agenda, after Pine View.
Scott Millar made the motion; Bill Haas seconded. Roll call was taken; voted all in favor 5-0. Motion passed.
Chair Chris Palmer welcomed Steve Sypole to the Planning Board officially.
Motion by William Haas to adjourn, seconded by Scott Millar; voted all in favor. MOTION PASSED. Chair Palmer adjourned the meeting at 9:30 p.m.
Respectfully submitted,
M. Dixie Foisy
Planning Board Clerk