PLANNING BOARD REGULAR MEETING

Pursuant to Executive Orders executed by

the Governor of RI as a result of the Covid-19 Pandemic,

this meeting was held virtually via Zoom

Members present:     Michael DeFrancesco, Scott Millar, William Haas, Donna Pari, Gina Thurn, Michael Viveiros, and Donna Di Donato

Members Absent:      None

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 6:30 p.m.

III.            OLD BUSINESS:

A.    Amendment Proposed-Decommissioning Agreement: Exeter Renewables 1, LLC, Applicant, and John Morris III Trust, Owner of Morris Farm, property located at 89 Ten Rod Road, Exeter, RI; Zoned RU-4 and further designated as AP 26, Block 1, Lot 1 for proposed modification of decommissioning agreement contained within the conditional final approval.

Chair DeFrancesco introduced this item and turned over to the Town Planner, Bill DePasquale.

Bill DePasquale reviewed his memorandum regarding the latest draft of the decommissioning agreement by and between the Town of Exeter and Energy Development Partners, LLC. He asked to review the latest revision on page 4, paragraph 3.  Bill reviewed this section and voiced his concerns with this language and asked that the petitioner speak to this.

Attorney Robert Craven was present, representing his client and spoke to revisions and purpose of this language in the agreement.  He stated that they have posted over a ½ million dollars in a cash bond and that there are a lot of potential things that could happen to the ownership of this project.

Chair DeFrancesco noted his only other comment is on page 6, the signature page. He feels that the Town should be added to sign off on this.  

Attorney Craven agreed and stated that this change will be made.  

At this time, the Chairman asked the Board if they had any questions.  As there were none, he asked for a motion.

Scott Millar made a motion to approve the modifications to this decommissioning agreement as revised; Gina Thurn seconded the motion.  Roll call vote was taken.  Voted 5-0, all in favor.  Motion passed.

B.    Extension to Preliminary Approval and Waiver - Major Subdivision:  Barn View Estates, Patriot Homes and Land Development and 7^th Heaven Realty LLC, Applicant and Owner of property located at 106 Ten Rod Road, Exeter, RI; Zoned RU-3 and further designated as AP 38, Block 6, Lot 34 for proposed major subdivision with waivers.

Chair DeFrancesco introduced this item and turned over to Attorney Jack McGreen who was present to represent the applicant.

Attorney McGreen stated that Armand Cortelleso and Doug Allam from Crossman Engineering were also present to speak on behalf of this project.  

Attorney McGreen gave an overview of the property and project before the Board as follows:  

·       Property contains 41.9 acres

·       Has preliminary approval for 8 lots which will expire on June 30, 2021

·       Client requested waiver of 7.2 – Barn View Lane as a private road

·       Client request of a conditional final approval to provide time to amend plans for private road and that the owner of the subdivision will be responsible for maintenance of the entire subdivision, of drainage system, the roads and all other ancillary elements of the roadway

·       Client requested a 6-month extension to the Preliminary approval to address these issues

·       Client to provide the Town with a $5,000.00 check before the end of the month for water tank cistern to comply with section 13.3 of Land Development Regulations

Doug Allam of Crossman Engineering stated he was hired by the previous planner in August of 2020 to inspect this project and verify that it was in conformance with the approved plans. He stated he has inspected this project periodically and has provided reports to the Planning Board up to his last inspection on June 16, 2021.  Mr. Allam stated that any minor issues found during his inspections, Mr. Cortelleso has corrected.

Chair DeFrancesco asked the Town Planner, Bill DePasquale to review his memorandum dated June 15, 2021.

Mr. DePasquale stated this petitioner was requesting an extension of the preliminary plan approval modified to request a waiver to establish Barn View Lane as a private roadway. Mr. DePasquale reviewed his memo and ultimately recommended a 1-year extension.  He also shared that he received a memo in support of the private roadway and subdivision from DPW Director, Stephen Mattscheck.

Chair DeFrancesco questioned the status of this application being a final plan approval or a preliminary plan with a waiver requested and asked for input from Steve Sypole and/or Bill DePasquale.

Bill DePasquale explained the application status of this legacy project.

Attorney McGreen stated that he agrees with the Town Planner and that the extension of the preliminary plan with a waiver will be the best approach.

Further discussion ensued.

Chair DeFrancesco then made a motion to grant the waiver request as submitted for an extension of the land development and subdivision design standards, section 7.2 and the land development regulations section 4.5 which refer to waiver and modification of requirements.  The Chair also stated the 1-year extension and the waiver has been endorsed by the Town Planner.  Bill Haas seconded the motion.  Roll call vote was taken.  Voted 5-0, all in favor.  Motion passed.

C.    Zoning Amendment: Rhode Island Grows, LLC, 1 Arnold Place, Exeter, RI; Richard Schartner, Applicant.  A recommendation to the Town Council for an amendment to the zoning ordinance for a proposal to create a Controlled Environmental Agriculture System (CEAS) Overlay District.

Chair Michael DeFrancesco introduced this item and turned over to Attorney Steven Surdut.

Attorney Surdut gave a brief introduction and then deferred to the Town Planner, Bill DePasquale to review.

Bill DePasquale stated that there is a time clock for a recommendation to be submitted to the Town Council by July 25, 2021 and reviewed his memorandum in detail.  

Chair DeFrancesco asked to clarify that an advisory opinion has to be submitted to the Town Council by July 25^th and asked when the next Planning Board meetings were to take place.

Bill DePasquale replied that the next workshop would be on July 13, 2021 and the next regular meeting on July 27, 2021.

Chair DeFrancesco stated that we won’t get to hear this item at our regular meeting in July. The Chair then asked the Board for their input on how to handle the time clock issue and review some of the proposal details.

Scott Millar proceeded to review an amended advisory opinion that he had worked on based on - in part - some previously written advisory opinions and pieces taken directly from the Comprehensive Plan.  See attached document for reference.

Upon conclusion of Mr. Millar reading his advisory opinion/motion, William Haas seconded.

Chair DeFrancesco stated that we have a motion and a second to adopt everything that Scott just recited as our recommendation to the Town Council.

William Haas voiced his concerns with this CEA application and pointed out some specific points that he is not in agreement with.

Gina Thurn stated that she is in disagreement with Scott Millar’s motion and proceeded to provide a background of her own farming experience.  She explained how farming has changed over the past 100 years and the need to continue to change and adapt with the times.  Ms. Thurn stated all the positives to implementing a CEA, and most importantly, as a way to ensure food supply into the future.  She continued to argue her point and made suggestions on how to resolve these differences and come up with solutions.

Chair DeFrancesco proceeded to read 1.5 C Adoption Review by the Exeter Planning Board and questioned if this was consistent with the land use plan as this was one of the questions the Board has to answer.  He noted then, there was a list of items that the Board had to respond to and continued to review this list.  The Chair stated that the Board should be aware of this Procedure for Adoption for consideration and reporting on these proposed amendments.

Chair DeFrancesco also stated that he would like to add the checklist/bullet points from Bill DePasquale’s memo – page 3; he then reviewed this list with the Board.  

Further discussion ensued.

Chair DeFrancesco asked the Board to refer to Lynn Hawkins memo “exhibit B” page 8 of 11 regarding Special Districts and continued to review item C. Controlled Environmental Agriculture Overlay District.  He also referenced information from pages 9 and 10 and stated he doesn’t see how we could recommend that the Town Council adopt or approve this with all these unanswered questions and would like to wait until he has more information.

More discussion ensued among the Chair and Board members stating there are more questions than answers.

It was agreed upon to amend the motion made to include a recommendation to the Town Council that a public hearing be held.  Scott Millar accepted this amendment to the motion; Bill Haas seconded the amendment.

The Chair then reviewed the information in the motion and stated that this Zoning Amendment was inconsistent with the Comprehensive Plan (as delineated in Scott’s above recommendation).

Gina Thurn added that she feels there should be two separate votes made in accordance with Roberts Rules of Order; the first vote would be to make the amendment and the second vote should be on the full motion that has been amended.

Chair DeFrancesco agreed with Gina Thurn and stated there was a motion to amend by adding the language from 1.5.C.C to advise the Council to hold a public hearing on this matter.  Vote was taken.  Voted 5-0.  Motion carries.

Chair DeFrancesco then reviewed the motion (as amended) to send a recommendation/advisory opinion to the Town Council that the Zoning Amendment is not consistent with the Comprehensive Plan.  Roll call vote was taken. Voted 4-1 in favor of the motion.  Motion passed.

IV.            NEW BUSINESS - PUBLIC INFORMATIONAL MEETING:

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.

Chair Michael DeFrancesco reviewed all (3) Revity items; he referred a question to Solicitor Steve Sypole regarding the order of hearing these items and if Master Plan has to be heard first and approved prior to moving on to the other items.  

Steve Sypole agreed and stated they would have to receive a conditional Master Plan application approval first.

Chair DeFrancesco then asked about the time clock on these applications.

Bill DePasquale stated that the petitioner would first have to receive a conditional Master Plan approval; would then have to go forward to the Town Council for them to act on the Comprehensive Plan Amendment and then Zone Change.  The time clock for all (3) of that is July 16, 2021.

Jon Restivo stated that he understands that this is a large, complex project and would have no issue consenting to an extension of the deadlines.

Chair DeFrancesco reiterated that Revity/Jon Restivo stated that the extension of time is not a problem.  The Chair then asked Bill DePasquale about concentrating on the Master Plan at this time and waiting to review the other two items.

Bill DePasquale stated that they all go together and gave a detailed response.  He did agree that they have to be heard in this order of Master Plan, Comprehensive Plan Amendment and Zone Change.

Chair DeFrancesco then suggested that the Board concentrate on the Master Plan review and conditional approval at this meeting and continue the Comp Plan Amendment and Zone Change at another meeting.

For the record, Donna Pari recused herself from the Revity application.

Donna Di Donato discussed concerns about her proximity to this project and whether or not she would need to recuse herself.  Jon Restivo will look into and let her know.

Chair DeFrancesco then asked for a motion to open the public informational meeting; Scott Millar made a motion; Bill Haas seconded.  Voted all in favor 5-0.  Motion passed.

Chair DeFrancesco asked that Jon Restivo representing Revity Energy, LLC, would give a brief presentation.

Attorney Jon Restivo of DarrowEverett, LLP introduced himself and was present on behalf of the applicant, Revity Energy, LLC.  He stated he’s hoping to review the waivers and have the Board vote on those; they’re not asking for the Board to vote on the Master Plan at this point, but would like the Board’s feedback as to what additional information they might need, if there are any waivers the Board is not willing to grant and come back – ideally for the July meeting.  Attorney Restivo mentioned that David Russo of DiPrete Engineering was present to speak about this project as well as John Carter, a registered landscape architect.  Jon Restivo stated that a landscape plan was one of the waivers discussed but shared that John Carter has worked on other projects with Revity on how to achieve buffering.  Jon would like to get a landscape plan before the Board at the next meeting. Jon Restivo then gave an overview of the property and project.  He and the applicant understand and fully expect that this will be a lengthy process.  Mr. Restivo stated that they want everyone to be heard and be able to work through any concerns that the public may have, as well as the Town.  He mentioned that one resident raised a concern that this property was the site of an old landfill, and shared that in their research they have not found any indication that there was once a landfill on this site.  He noted that there was an old landfill at the intersection of Town Hall Road and Ten Rod Road, and another located across the street from their site.  Jon Restivo then reviewed the waivers they are requesting as listed in their submission as well as the Town Planner’s memorandum.

David Russo of DiPrete Engineering introduced himself and proceeded to review some details of the site plan that he shared on the screen.  He stated that this a conceptual layout as there are a lot of steps to get through and are subject to change through the process.

At this time, Chair DeFrancesco asked to allow the public to ask questions and/or make any comments they might have.

1.     Lynn Cragan Conway-asked about the dark green areas on the site plan being wetlands?  David Russo responded.

Chair DeFrancesco stated that there are full size plans with dimensions noted on them available for viewing at the Town Hall in the Planner’s office.

2.     Robert Leonard-questioned some information given earlier in reference to the lot being cleared and shared that is not cleared.  He also noted a 50% coverage/not to exceed 50% and he isn’t sure where that’s coming from as the current zoning ordinance clearly states for planned districts regarding utility scale solar facilities, no more than 25% of the lot coverage is allowed.  He also feels there should be discussion around utility and challenge feeder issues.

3.     Asa Davis-after hearing the presentation, he feels his previous comments still stand as making one lot a planned district specifically for solar still fits the definition of spot zoning.  He also referenced Scott Millar’s comments about industrial size solar in residential zones is incompatible with Exeter’s existing Comprehensive Plan.  Mr. Davis stated if that is true then it also applies to this lot.  He stated that the same rules should apply to everybody in Town and not just one lot.

4.     Jenna Cragan-questioned how much of the land will need to be cleared.  David Russo will supply this information at the next meeting.

5.     Ted Nataly-stated his main concern here is the Comprehensive Plan is “non-existent” and out of date.  Chair DeFrancesco asked Solicitor Sypole if our Comp Plan is valid or not.  Steve Sypole replied that yes, the Comp Plan is outdated, but it is valid.

The Chair then asked about continuing this to the July meeting but wanted to clarify a date to extend until and proposed September 1^st as this will give us another two meetings to hear this again.

Jon Restivo stated he had to confirm a specific date, will put this in writing and will work with the Planner.

Lindsay McGovern with Revity Energy, LLC stated that the extension is fine but did ask to get feedback from the Board on the waivers so they can be productive at the next meeting.

Chair DeFrancesco stated that they would not be able to review the (6) waivers tonight due to a lack of time. He then reviewed briefly and it was agreed that they only need a, b, d and e.  The Chair stated he would like to continue the Public Informational meeting until July 27^th and invited the public to come back.

Bill DePasquale asked the time clock and that Mr. Restivo stated he will provide a letter on the extension.  Mr. DePasquale added that the time clock is also through the Town Council as the Planning Board has to provide a recommendation on the Comprehensive Plan Amendment and the Zone Change.  He asked if the extension letter could also include the Town Clerk and that would make sure that when we meet on the 27^th of July, we’re not timed out.

Jon Restivo agreed.

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 will be held until the Planning Board can get through the Master Plan portion of this application.

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 will be held until the Planning Board can get through the Master Plan portion of this application.

D.    Pre-application: Mark and Dawn Caddick, Applicants and Susan Caddick, Owner, of property located at 231 Nooseneck Hill Road, Exeter, RI; Zoned LB/R and further designated as Assessor’s Plat 20, Block 3, Lot 17 for a proposed medical grow facility.

This item was continued to the July 13, 2021 Work Session as a Special Meeting.

ADMINISTRATIVE:

A.    Zoning Board of Review: July - (1) new application for dimensional relief

B. Solicitor’s Report: None

C. Draft Agenda: Work Session – July 13, 2021 – discussed the addition of Pre-application for Caddick in a Special Meeting; Comp Plan/RFP, Rooftop Solar, Correspondence and Minutes.

ADJOURNMENT:

Motion by Bill Haas to adjourn, seconded by Scott Millar; voted all in favor.  MOTION PASSED.   The meeting adjourned at 9:30 p.m.

Respectfully submitted,  

M. Dixie Foisy

Planning Board Clerk