PLANNING BOARD REGULAR MEETING

Members present: Michael DeFrancesco, William Haas, Gina Thurn, Joe St. Lawrence and

Michael Viveiros

Members Absent: Scott Millar and Donna Di Donato

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

I. CALL TO ORDER

Chair Michael DeFrancesco called the meeting to order at 6:31 p.m.

II. PUBLIC COMMENT

None

Chairman Michael DeFrancesco began by addressing the agenda items for this meeting and noted that the first (3) items are related and stated he wanted to be sure to proceed properly and legally. Chairman DeFrancesco asked Solicitor Steve Sypole for his advice on the “Precedence of Approval.”

Solicitor Sypole explained that the Precedence of Approval statute speaks to the order that the applicant would get their approvals here as opposed to from the Town Council. The applicant is before the Board asking for a conditional master plan and then recommendations on the zone change and comprehensive plan amendment. He stated if the master plan is approved, that would be conditional on the Town Council providing the relief that they need as well.

William DePasquale, Planner, agreed with Solicitor Sypole and referenced his memo dated June 17, 2021 where he explained the process further.

Chair DeFrancesco spoke to the Board regarding the process of these three separate applications from Revity Energy, LLC and suggested to focus on Master Plan application this evening, and continue the Comprehensive Plan Amendment and the Zone Change to a workshop on another date.

The Board was polled and there was a consensus to continue the other two items. After some discussion the Board agreed to continue these items to a special meeting/public hearing to be held on August 17, 2021 in order to provide proper notice (instead of meeting on 8/10/21).

Bill DePasquale then spoke to the time clock issue. The petitioner has allowed for an extension, which went to the Town Council and they approved the extension and stated there’s a meeting date set for September with the Council.

III. OLD BUSINESS:

A. Master Plan: 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 proposed utility-scale solar development.

Chairman Michael DeFrancesco introduced this application. Attorney Jon Restivo of DarrowEverett was present representing Revity Energy, LLC. He stated they were before the Board on June 22, 2021 when they presented the general concept of the project and are before the Board for a master plan approval. He stated that they did submit some new materials since their last meeting including a forest assessment, a landscape plan and a report from their planning consultant. All of these consultants are present to review the materials that were submitted. At this time, Jon Restivo then gave a brief overview of the project and mentioned they have requested the following waivers:

1. Class I survey

2. T-1 topographic survey

3. Calculation of square footages for fee purposes (pay maximum of $5,000)

Mr. Restivo stated other waivers that had been previously requested, have been fulfilled so they no longer require them.

David Russo of DiPrete Engineering introduced himself and gave a detailed presentation of the site plan.

Jon Restivo mentioned there was a question raised at the last meeting about this property may have been used as a dump at some point, but stated they sent an environmental engineer to the site and there was no evidence of that was found.

Marc Tremblay, a Forrester with Land Management Services introduced himself and stated he submitted a report/overview of the existing forested conditions of the property which included a 2008 aerial view. Mr. Trembly reviewed his report in detail and stated about half of the area, 29 acres has already been disturbed and the remaining 29 acres is presently wooded and will need to be cleared.

Donna Pari, present as an abutter to this project, asked about the size of the bigger trees on the site that will be cleared and how much clearing will take place. Mr. Tremblay stated there are some approximately 60-70 feet in height and about 25% of the whole property would involve tree clearing.

John Carter, a Registered Landscape Architect, has worked on several solar projects and explained his role in these projects.

Chair DeFrancesco stated the big issue with these projects are the buffers and the line of sight of abutting neighbors and asked that Mr. Carter focus on that.

Mr. Carter explained what they typically do, is pick certain areas, called a sight analysis, which includes aerial photos of surrounding properties, and will cut cross sections to demonstrate existing conditions. He shared that they try to mitigate the views from the houses, once the grading has been changed, via fencing, berms, plants, evergreens, to help alter views of abutting neighbors. He stated that this exercise helps them determine the types of buffers needed and design the landscape plan. Once the site is engineered, they will do this exercise again and work to further mitigate views.

Chair DeFrancesco asked the Board for their input.

Michael Viveiros stated the cross sections are very helpful but one area of concern is with section 1 where the land slopes upland beyond your straight vision and is hard to know what is going to be visible and not visible. He shared he would like to see further study and consideration of what could be done.

Chair DeFrancesco stated he likes the idea of getting a profile done from every neighbor as we will get questions later on anyway.

Further discussion ensued.

John Carter shared that he will never say ‘you’re not going to see it;’ it’s a big piece of land with a lot of development on it. He stated if a resident wants us to come stand on their property, they will do it to see what can be done to make it work.

Other questions raised:

· Will other panels be higher?

· What kind of trees will there be? Will the planting be tiered?

· Entrance to the land and the width required for emergency vehicles

Further discussion ensued.

Chair DeFrancesco suggested conducting a site walk of the property before the winter to see in person to point out areas and ask questions.

Ed Pimentel of Pimentel Consulting Inc., prepared a regulatory analysis for this project.

He reviewed the site characteristics and stated that this site is appropriate as the property has already been disturbed. Additionally, he stated, over the entire property they are looking at 20-25% tree disturbance and the goal is to minimize tree disturbance based on the Exeter comprehensive plan and zoning regulations.

At this time, Chair DeFrancesco turned over to the Town Planner to review his memorandum.

William DePasquale reviewed his memo dated June 17, 2021 that spoke to the major land development – Master Plan - conditional approval; and advisory recommendations to the Town Council on the Comprehensive Plan Amendment and Zone Change – from an RU-4 to a PD.

Mr. DePasquale focused on the Master Plan portion of his memo and agreed that it was rightly said ‘you’re not going to see a utility scale solar field.’ He stated a lot more work can be done in the planning stage in reference to screening and buffering goals. He recommended to ask that every abutting home have a review done on their property – from their deck or second floor. Bill DePasquale spoke to the topography of the land and varying elevations; and noted the soil evaluations, wetland flagging, grading, drainage, boundary survey, fencing, lighting and fire safety. He also suggested taking acoustical measurements at the property lines both before and after; doing shade analysis, and getting the Fire Marshal involved early on regarding the access and egress. Bill DePasquale stated that he feels the waivers that have been requested are reasonable and reviewed the conditions for approval of this Master Plan. He also spoke to long term solutions for the Town such as conservation consideration for the remainder of the property at the end of the 30 years as part of a community give back. Bill added that he feels there is positive support for conditional approval of the Master Plan.

Chair DeFrancesco asked Bill DePasquale if the application and checklist were all in order and sufficient.

The Town Planner replied in the affirmative and stated that they have provided more information than usual in this stage of the preliminary checklist for master plan. However, he did state that we need to manage expectations as what we’re seeing here is not what the final plan will be and everyone needs to stay involved.

William Haas wanted to note his concern with the waiver for setbacks and would question any buffer reduction.

Michael Viveiros concurs with Bill Haas on the buffer concern. He also asked about the location of the cemetery in the southwest corner of the site and asked how we can be respectful of that, and also access to that site.

Chair DeFrancesco replied that in the past they have gone by 25 ft. buffer which isn’t a lot; Michael Viveiros stated he is looking for more.

Gina Thurn asked about the coverage amount of the 50% - the panels and the interrow spacing or everything inside the fence area.

Jon Restivo replied that it is his understanding that it’s the panels and the interrow spacing.

Ms. Thurn then referenced the solar ordinance; Steve Sypole will look into this.

Gina Thurn stated the total site is 118-acre site and 65 acres of that will be fully cleared.

Chair Michael DeFrancesco asked to refer to the language in the Planned Industrial district as that is what’s being proposed as the underlying zone, speaks to 50% of the land in the planned district as what can be developed.

Solicitor Sypole referenced the definition of section 102.8 of the zoning ordinance – whether a solar panel is a structure or not and how to calculate lot coverage; he proceeded to read the definition of solar land coverage - per the solar ordinance, the definition of lot coverage for solar is calculated to include the area within the fence plus access roads.

Discussion ensued regarding the total footprint of the land and increasing the buffers to benefit the neighbors.

Further discussion ensued around granting the conditional approval for the Master Plan.

Steve Sypole referenced the Zoning Enabling Act – section 45.24.53J and read aloud.

Chair DeFrancesco asked about the waivers.

Jon Restivo then reviewed the outstanding waivers from Bill DePasquale’s memo which at the time (4) remained.

Solicitor Steve Sypole then summarized the (12) findings from section 3.5 of the Town’s Subdivision Regulations prior to the motion being made.

Bill DePasquale added that the findings will be conditional upon further review of the plan as we don’t have all the information we need.

In tandem with the discussion with the Town Planner and Solicitor, a motion was made by Chairman Michael DeFrancesco reflecting their findings as well as testimony, public comment and board member concerns discussed at the meeting which together presented conditions of endorsement in granting conceptual conditional master plan approval for the applicant (Revity Energy, LLC) contingent upon affirmative action by the Planning Board and Town Council on the proposed Comprehensive Plan amendments and proposed zone change (from RU-4 to PD) as well as any modifications in design as gained through the Major Land Development approval process that would affirm consistency with section 3.5 of the Town’s Land Development and Subdivision Regulations included by reference by the Town Planner and solicitor.

Seconded by Gina Thurn. A roll call vote was taken. Chairman Michael DeFrancesco, Bill Haas, Gina Thurn, Joe St. Lawrence and Michael Viveiros voted all in favor 5-0. (Scott Millar, Donna DiDonato Absent) MOTION PASSED.

B. 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.

This item was continued to a Special Meeting to be held on August 17, 2021. (Please note that this Special Meeting actually took place on August 31, 2021)

C. 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).

This item was continued to a Special Meeting to be held on August 17, 2021. (Please note that this Special Meeting actually took place on August 31, 2021)

D. Final Plan 3-Lot Minor Sub-division: Jade Investment Group, LLC Applicant and Owner, of property located at South County Trail, Exeter, RI; Zoned B and further designated as Assessor’s Plat 71, Block 4, Lot 3 for a proposed minor subdivision.

Chair Michael DeFrancesco introduced this item and turned over to the applicant, Richard Marcello to review.

Richard Marcello noted that since their last meeting before the Board they have received updated State permits, added the soil types to the final plan, the access for lot 1,2 & 3 have been limited to one access point and has been submitted to PAP for approval, and all the easements for that are shown on the plan.

Bill DePasquale then reviewed his memorandum and stated they have complied with the conditions of approval noted on page 2. He did note also his recommendation on page 3 to add the additional conditions of approval 1, 2, 3 a & b.

Chair DeFrancesco asked a question regarding the existing drainage on lot 3 and the easement on lot 8 and how they’re related.

Richard Marcello stated this has not been subdivided yet and lot 3 needs to be changed to lot 1 on the site plan.

Chair DeFrancesco asked for a motion to approve.

Michael Viveiros made a motion to approve based on the facts, findings and conditions of approval in the Town Planners memo; Bill Haas seconded. Vote was taken; voted 5-0 all in favor to grant the final plan of this 3-lot minor subdivision. Motion carries.

IV. NEW BUSINESS:

A. Development Plan Review/Request for Waivers: S&S Fence - Robert Burdett, Applicant, and Robert Marcello, Owner of property located at 586A South County Trail, Exeter, RI; Zoned B and further designated as Assessor’s Plat 72, Block 2, Lot 8 requesting waivers for proposed sale of lumber, building materials and hardware.

Chair Michael DeFrancesco introduced this DPR and request for waivers and turned over to the owner Robert Marcello to review.

Robert Marcello was present as the owner of the property and the applicant; Robert Burdett was also present. They are in receipt of a zoning certificate that states this business operation requires a DPR. Mr. Marcello stated that the use of this property hasn’t changed in the last 16 years. He stated they are before the board to request waivers.

Bill DePasquale summarized his memo and noted there are statutes that must be met in order to grant the waivers. He added that the DPR is used to look at the site design of a proposal and that generally includes the structure itself, entry and egress, stormwater/OWTS, water suppression, storage and parking. The goal is to make sure everything fits and everyone is happy.

Chair DeFrancesco stated that even though this is an existing business, out of an abundance of caution, the Planning Board’s job is to review for public safety, traffic conditions, etc.

Bill DePasquale added that there could be an internal review to include the Fire Marshal review, the Building Inspector and then proceeded to mention possible questions that may arise.

The applicant, Bob Burdett stated that he and his workers park there, pick up equipment and leave. At the end of the day, they come back to the lot.

Discussion ensued.

Chair DeFrancesco stated that there was no vote taking place. He suggested when they come back before the Board, they show their intended building use going forward, and if this is compatible with what’s there.

V. ADMINISTRATIVE:

E. Zoning Board of Review: August applications consisted of one new application for a detached garage (dimensional variance) and one extension of the SUP for Morris Solar.

B. Solicitor’s Report: Discussed some legal decisions.

C. Future Meeting: Work Session – August 17, 2021

D. Correspondence: 1) Asa Davis letter, and 2) 2021 Open Government Summit Invite

VI. ADJOURNMENT:

Motion by Bill Haas to adjourn, seconded by Joe St. Lawrence; voted all in favor. MOTION PASSED. The meeting adjourned at 8:42 p.m.

Respectfully submitted,

M. Dixie Foisy

Planning Board Clerk