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, 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:

Chairman Palmer called the meeting to order at 6:33 p.m.

II. PUBLIC COMMENT:

None

III. NEW BUSINESS:

A. Pre-application: MDF Realty, LLC - The Flood Plat; Michael Flood, Applicant and Owner of property located at 134 Stony Lane, Exeter, RI; Zoned RU-4 and further designated as Accessors Plat 12, Block 4, Lot 4 for a proposed minor subdivision. (No review application time clock required)

Chair Chris Palmer introduced the above pre-application.

Earl Adams was present representing the applicant, Michael Flood. Mr. Adams reviewed the application and site plan for this minor subdivision.

Chair Palmer asked about the test pits on the site plan and stated that they are within the wetlands; will need a RI DEM permit to be able to put a septic system as it is within 200 feet of the Reuben Brown Brook. The Chair stated that the Town needs proof through a septic design from DEM to show that this is a buildable lot.

Scott Millar added that he is familiar with this property and noted that we would not be allowed to cut off the lot in question and have the remaining parcel be not buildable, per our regulations. He also noted that there is another existing access road through Brook Ridge and finds it highly unlikely that there wouldn’t be multiple other buildable lots on this particular parcel.

Chair Palmer stated that the burden and the proof is up to the applicant.

Earl Adams asked if this was a decision of the Chair or a vote of the Board.

Chair Palmer stated that it is a checklist requirement in our subdivision regulations; the applicant can apply for a waiver at a separate hearing prior to submitting the Preliminary application. Chair Palmer noted that currently there are (9) checklist items and (2) supporting material items missing; this is understandable as this is at pre-application stage. However, these items will be necessary at Preliminary.

At this time, Chair Palmer turned this over to the Town Planner.

Bill DePasquale reviewed his memo dated February 18, 2021 describing the proposal of this pre-application.

Earl Adams inquired if there was an area within the 125+ acres that is acceptable to the Board.

Chair Palmer replied that it should be placed where it does not cross the wetland buffer; and stated with the septic approval report that flags the wetlands and also shows where there are no wetlands in an area that will suffice that and a ground water table that’s above 2 feet and you’ll be good to go.

Bill Haas stated that the Board can’t tell the applicant/owner where to put the house and that it’s up to the property owner.

Michael DeFrancesco asked about the OWTS being approved for the entire lot at one time, and questioned whether this minor subdivision would fall under that approval.

Chair Palmer stated that by our regulations, as they are dividing the lot and basically cutting out their approval, they need to show proof.

Michael DeFrancesco added that if they come back at Preliminary and show us the wetland flagging, soil information and one spot where a house could go, that’s all we would require.

Chair Palmer then screen shared the septic design plan for the proposed lot and stated that this shows the wetlands but the subdivision does not. As part of the checklist, we require that the applicant has a septic design and/or approval through RI DEM, and possibly a wetlands permit.

Scott Millar added that per our regulations when creating a new lot, we require a natural vegetated buffer of 50’-150’ between Stony Lane and the existing house on lot 2 and asked that the existing buffer remains and to have this shown on the plan.

Earl Adams asked where in the Planning regulations this is required.

Scott Millar stated that it is in the Land Subdivision Regulations.

B. Pre-application: Building C – The Pine Ridge Industrial Park; Gashy Dowlatshahi, Applicant and Owner of property located at South County Trail, Exeter, RI; Zoned B and further designated as Accessor’s Plat 72, Block 2, Lot 10 for a proposed building. (No review application time clock required)

Chair Chris Palmer introduced the above pre-application.

Attorney Beau Akers was in attendance representing his client Gashy Dowlatshahi and opened by asking to informally discuss Building B first and asked for an extension on this approval.

Discussion ensued between Solicitor Sypole, Chair Chris Palmer, Michael DeFrancesco, Attorney Beau Akers, Patrick Freeman, Attorney Sandy Resnick and Gashy Dowlatshahi.

In conclusion, the Board agreed that Mr. Dowlatshahi will need to come back to request an extension and/or renewal for Building B. This item was not on the agenda for tonight and the Board did not want to discuss further.

The discussion then moved to Building C; Attorney Resnick spoke on behalf of the applicant and stated that they are proposing a compassion center for Building C. He stated they are going through the application process now with the State of RI as they will be issuing 6 licenses within the State, with Exeter being in one of the zones. His client, Gashy Dowlatshahi has an application in so they are seeking approval for the use of a compassion center, with no cultivation, sales only.

Chair Palmer stated that there is a lot more than just approving a site plan on this application.

Attorney Resnick interjected and stated he has done many of these throughout the Country and added that they have a comprehensive submission of over 150 pages to provide at Preliminary. He asked the Board to let him know if there is anything more specific, they are looking for, and he will provide it. Attorney Resnick stated that they would like the Board’s blessing to go forward with this application.

Chair Palmer stated that they have a zoning certificate so they are welcome to move forward with the application.

Further discussion ensued.

It was noted that the zoning certificate needs to be clarified as it states “to be determined” under proposed use of premises, and only states the size of the building to be built.

Chair Palmer suggested items to cover when they return for Preliminary and wished them good luck.

C. Pre-application: Sol Power, LLC, Applicant; and Edwin & Cynthia LaPrise, Owner of property located at 143 Ten Rod Road, Exeter, RI; Zoned RU-4 and further designated as Assessors Plat 38, Block 7, Lot 15 for a proposed medium scale roof mounted solar array. (No review application time clock required)

Chair Chris Palmer introduced the above pre-application. Chair Palmer stated that he and Hal Morgan, Exeter’s Zoning Official had reviewed the solar ordinance prior to Bill DePasquale coming on board, and discovered that the ordinance is not clear regarding roof mounted solar be allowed by right, as this falls under “medium size” due to the size.

Discussion ensued between Chair Palmer and Scott Millar regarding the discrepancies in the solar ordinance.

Bill DePasquale noted that he also thought this would be exempt being “roof mount” but each system is considered a “solar system” whether it is ground mounted or roof. In referencing definition 76.5, it states the medium scale solar energy facility which encompasses all types, is 1,600 square feet but less than 40,000 square feet.

Solicitor Steve Sypole also added that he and Hal Morgan had discussed this ordinance previously in reference to this application and his issuing a zoning certificate, and that Hal thought best to err on the side of caution when interpreting this solar ordinance.

Michael DeFrancesco inquired about the option of installing in two smaller phases versus the entire project at once.

Scott Millar suggested that the Planning Board can issue an advisory opinion to the Zoning Board and also indicate, if the Board and legal counsel agrees, that the Planning Board has the authority to waive DPR under section 4.4.

Abel Collins from Sol Power thanked everyone for their input and stated that this is a great project for Emma Acres and shared that they have secured USDA grant funding, RI DEM grant funding and Commerce RI grant funding. He stated that they would appreciate any waivers that the Board feels they qualify for and understands that they have found themselves in a “loophole” that wasn’t intended when the solar ordinance was drafted.

Michael DeFrancesco stated that he is in favor of waiving the DPR process.

Chair Chris Palmer stated he is also in agreement with this waiver.

Donna Di Donato inquired about the possibility of installing a smaller array to avoid going through DPR and having to obtain a special use permit.

Abel Collins stated that they would lose approximately 30% by doing so and is not an option.

Solicitor Sypole reviewed section 4.4 and stated that he thinks its appropriate for the applicant to apply for this waiver.

Bill DePasquale offered his assistance to the applicant.

The Board discussed having the applicant come back prior to them going before the Zoning Board; Chair Palmer polled the Board and all agreed to put them on the March 9^th Work Session agenda.

IV. ADMINISTRATIVE:

A. Approval of Minutes:

January 12, 2021 - Motion by Scott Millar to approve minutes as submitted; seconded by Michael DeFrancesco. Roll call taken; voted all in favor. Motion passed.

B. Approval of Invoices: Michael DeFrancesco made a motion to approve (1) invoice for Allied Court Reporters in the amount of $300.00; seconded by Scott Millar. Roll call taken; voted all in favor. Motion passed.

C. Solicitor’s Report: Steve Sypole discussed obtaining a copy of the Planning Board “Rules of Procedure.” He noted that as we will have a vacancy on the Board, we may want to place this on our next agenda.

D. Planner’s Report: Bill DePasquale wished Chair Chris Palmer well and thanked him for everything he did for the Town. He also noted that he is preparing a report for the Town Council on the status of the Comprehensive Plan and his plan to move this project forward. Scott Millar asked if he could share a copy with the Planning Board.

E. Draft Agenda: Discussion took place regarding the March 9, 2021 Work Session and adding a Special Meeting in order to add Emma Acres/Sol Power and Planning Board vacancy/Election of Officers. Work Shop portion to include: Review Town Planner’s Memo regarding the Comprehensive Plan, Solar 9 Ordinance and Process for Establishing Agendas.

This was Chair Chris Palmer’s last Planning Board meeting since he submitted his resignation to the Town Council on February 10, 2021; he thanked the Board, the Planner and Clerk for all their work.

ADJOURNMENT:

Motion by William Haas to adjourn, seconded by Michael DeFrancesco; voted all in favor. MOTION PASSED. Chair Palmer adjourned the meeting at 8:07 p.m.

Respectfully submitted,

M. Dixie Foisy

Planning Board Clerk