Town of Exeter, Rhode Island

 

PLANNING BOARD

 

675 Ten Rod Road

Exeter, R.I. 02822

401-294-2612

401-294-2592

 

Meeting Minutes

March 9, 2021

Approved: May 25, 2021

SPECIAL MEETING

 

Pursuant to Executive Orders recently 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, Michael Viveiros and Donna Di Donato

 

Members Absent:      William Haas and Donna Pari

 

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

 

I.           CALL TO ORDER:

Acting Chair Michael DeFrancesco called the meeting to order at 6:30 p.m.

 

II.        PUBLIC COMMENT:

None

 

III.      NEW BUSINESS:

A.    Development Plan Review – Request for Waivers: 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.

Acting Chair DeFrancesco introduced the above petition and turned over to the Town Planner.  Bill DePasquale reviewed the details of the application and his memo included in the meeting packets.  The Planner stated that his recommendation to the Board is to find in favor of granting this DPR waiver.

Acting Chair DeFrancesco thanked Bill DePasquale for his memo and for summarizing the situation very well.  He then asked if someone was present to speak on the applicants’ behalf.

Abel Collins, of Sol Power, LLC was in attendance and spoke on behalf of the LaPrise family.  He thanked the Board and Town Planner for their time and input. Mr. Collins stated that this is great project to help Emma Acres save some money, become more sustainable, both economically and environmentally.  He also shared that this project is supported by both Federal and State grant money, as there is a lot of interest in keeping family farms alive throughout the State and Country.  Mr. Collins also noted that in his waiver request letter, he stated that he hopes that the Town’s solar ordinance might be amended for future projects.  He stated that his colleague just signed an agreement with Harmony Farm in Exeter for a similar sized project so they are hoping this issue can be resolved soon.

Acting Chair DeFrancesco asked Abel Collins if he had a copy of the Town Planner’s memo and if he disagreed with anything within the memo.

Abel Collins replied that he did have a copy and that he does not disagree with what the memo states.

Acting Chair DeFrancesco then asked the Board members and the Solicitor if they had any questions.

Steve Sypole stated that he feels that the Planner has covered everything in his memo, noting section 4.4, but did site that drainage is mentioned in the ordinance but not covered by the applicant or the Town Planner.

Acting Chair DeFrancesco noted that he believes that in the Town Planner’s memo at the top of page 3, 4.4 standards, #2 reads “no extensive construction improvements as the proposal is limited to attaching solar arrays to existing structures and trenching for conduit with a limit of disturbance that will be returned to its original condition.”  He feels this pertains to no drainage being impacted.

 

Scott Millar made a motion that in accordance with section 4.4 of our Subdivision and Land Development Regulations to grant the applicant a waiver of Development Plan Review; he then read the findings from Planner DePasquale’s memo:

1.     There is no change in use or occupancy. The use is currently a dairy farm and will remain a dairy farm.

2.     No extensive construction improvements as the proposal is limited to attaching solar arrays to existing structures and trenching for conduit with a limit of disturbance that will be returned to its original condition.

3.     Installation of rooftop solar will not impact circulation nor the relationship of buildings to each other and or other ordinary considerations of development plan approval.

4.     The setback, topography and placement of the panel’s minimizes to the extent practicable impact on the viewscape from Ten Rod Road. 

5.     There is no change in use. The application seeks ancillary roof top solar to support an existing functioning dairy farm a solution that is no different than that applied to residential homes which are often permitted “byright”.

Scott Millar also added that it was clearly the intent of the current solar ordinance to allow rooftop solar “byright” and stated that if you look at the use table there is a “Y” indicating “Yes” for all rooftop solar, but that it’s unfortunate the way this ordinance was structured.  He added that he feels that it is out of an abundance of caution, that this Board is even going through this process.

 

Michael Viveiros seconded the motion; roll call was taken.  Voted 4-0 (2 members absent).  Motion passed.

 

Abel Collins thanked the Board for their support and asked about the process of going through the Zoning Board for the Special Use Permit. 

Acting Chair DeFrancesco stated that it is a separate process.  Further discussion ensued regarding the Planning Board providing an advisory opinion to the Zoning Board of Review on behalf of Emma Acres and Sol Power.

Steve Sypole suggested having a separate vote of the Planning Board on providing a recommendation to the Zoning Board.

 

Scott Millar made a motion to send an advisory opinion to the Zoning Board indicating that the Planning Board feels that the Special Use Permit is clearly consistent with the Comprehensive Plan and believe that it is consistent with the intent of the solar ordinance, as the use table lists rooftop solar as “Yes” in the use table and the ordinance also states that rooftop solar is to be encouraged.

Motion was seconded by Michael Viveiros; roll call was taken. Voted 4-0.  Motion passed to send an advisory opinion to the Zoning Board of Review.

 

B.    Discussion and/or Possible Action: Election of Officers

Acting Chair DeFrancesco explained that we have a vacancy that needs to be filled.

Scott Millar made a motion to appoint Michael DeFrancesco as Chair of the Planning Board.  Donna Di Donato seconded; roll call was taken.  Voted 4-0.  Motion passed to appoint Michael DeFrancesco as Chair.

Chair DeFrancesco stated that this now makes an opening for Vice Chair and asked for any nominations.

Donna Di Donato made a motion to appoint Scott Millar as Vice Chair; Michael Viveiros seconded; roll call was taken.  Voted 4-0. Motion passed to appoint Scott Millar as Vice Chair.

 

ADJOURNMENT:

Motion by Scott Millar to adjourn, seconded by Michael Viveiros; voted all in favor.  MOTION PASSED.   Chairman DeFrancesco adjourned the special meeting at 6:58 p.m.

 

Respectfully submitted,  

M. Dixie Foisy

Planning Board Clerk

 

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