Town of Exeter, Rhode Island
PLANNING BOARD
675 Ten Rod Road
Exeter, R.I. 02822
401-294-2612
401-294-2592
Meeting Minutes
November 9, 2021
Approved: March 22, 2022
WORK SESSION-MEETING
Members present: Michael DeFrancesco, William Haas, Gina Thurn, Joe St. Lawrence, Michael Viveiros and Donna DiDonato
Members Absent: Scott Millar
Staff present: Steve Sypole, Solicitor, William DePasquale, Planner and Dixie Foisy, Clerk
Acting Chair Michael DeFrancesco called the meeting to order at 6:30 p.m.
None
The following agenda items were originally scheduled for the October 26, 2021 meeting which was postponed due to inclement weather.
A. Preliminary DPR, Waiver to LDR Development Plan Approval: 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 for proposed outdoor storage, display area, business vehicle storage, product distribution and dispatch.
Applicant Robert Burdett stated that his short-term goals are to have a location to store his
materials, a place to dispatch his trucks out of and to have a product display for potential
customers driving by and to put up a sign. His long-term goal is to buy the property and put up
a building.
Town Planner William DePasquale reviewed his planning memorandum dated October 18, 2021. He noted that the applicant had participated in a pre-application meeting on July 27, 2021 and has since complied with all of the Boards concerns and recommendations. Town Planner DePasquale noted that Mr. Burdett was before the Board requesting a Development Plan Review (DPR) Waiver. The Planner sites Section 4.4 of the Land Development Regulations in his October 18 memorandum along with his recommendations and findings (1 through 7) regarding Mr. Burdett’s request. He included a final stipulation that reads: Any future significant infrastructure improvement on the property that extends beyond the scope of outdoor storage as determined by the Zoning official shall be subject to DPR.
Acting Chair Michael DeFrancesco asked if the applicant was required to come back since this was listed as a preliminary application or is this matter considered final tonight?
Town Planner DePasquale noted that since there was no development going on at the site and that this was simply the use of the property that it does not meet the requirements for a DPR and this matter can be considered final.
Acting Chair DeFrancesco asked for any comments, and hearing none, entertained a motion to approve this waiver to LDR Development Plan Approval: S&S Fence, Robert Burdett, Applicant, and Robert Marcello, Owner of property located at 586A South County Trail, Exeter, RI;
Board member Gina Thurn made the motion and it was seconded by William Haas.
Acting Chair DeFrancesco requested to add the Town Planner’s memorandum of October 18, 2021 be an official part of the record. There was no further discussion. Roll call vote was taken; voted all in favor, 5-0. Motion passed.
B. Final Major Subdivision: Barn View Estates, Patriot Homes and Land Development and 7th Heaven Realty LLC, Applicant and Owner of property located at 106 Ten Rod Road, Exeter, RI; Zoned RU-3 and further designated as Assessor’s Plat 38, Block 6, Lot 33.
Acting Chair Michael DeFrancesco introduced the application and asked if anyone was present to represent the applicant.
Attorney Robert Murray of Taft & McSally of Cranston, RI, was present on behalf of his partner John V. McGreen. Mr. Murray noted that he was very familiar with this project having handled the first 10 years of various levels of approvals and was before the Board seeking final approval. He noted that he has reviewed Mr. DePasquale’s detailed memorandum (October 19, 2021) both from a historical perspective and Mr. DePasquale’s proposed conditions for approval. All were in agreement on how to proceed.
Town Planner DePasquale reviewed his October 19, 2021 Planning Memorandum, Barnview Estates, Ten Rod Road, Exeter, RI AP 38 B6 L34. The memorandum included the project’s: Overview, Inspection, Stewardship, Recommendation, Findings of Fact, Waivers and Conditions of Approval (1-15). He noted, in his Required Findings (1-10), that the proposed development is consistent with the Town’s Comprehensive Plan.
Attorney Steve Sypole noted that he worked with Attorney McGreen to incorporate into the Homeowners’ Association Declaration of Restrictive and Protective Covenants and Easements under Part B Maintenance (Page 5, D-F) the following: …the Town of Exeter may perform any necessary maintenance and then force the payment for such costs, including reasonable attorney’s fees and litigation expenses, by an action at law or in equity in a court of competent jurisdiction against the Association and/or the owners of their successors and/or assigns. In the event that the Town of Exeter undertakes to perform any such work on the property it shall not be deemed to constitute acceptance of Barn View Lane by the Town as a public roadway nor shall it impose any further or future obligation on the Town to perform any other work on the property or the private roadway. Attorney Sypole also noted that he also incorporated some of the Town Planner’s suggestions.
Board Member Michael Viveiros asked a question regarding bus transportation and if there would be any issues because of it being a private road. He noted that school buses don’t necessarily like going on to private property and the need for the buses to pull off Rt. 102 for safety considerations. Discussion ensued and it was recommended that the school bus transportation company should be contacted for their input.
Attorney Murray did note that they will add to the HOA under III. Easements, Section G (P.12): that school buses will be added.
Section G currently states: An easement is granted to the Town of Exeter over the private roadway for use by emergency vehicles and other public vehicles as necessary to carry out their legitimate governmental functions.
Acting Chair DeFrancesco asked if there were any other questions, hearing none he did want to ask if there was any need for a site visit before making a final decision? The Board felt all requirements had been met and there was no need for a site visit.
The Acting Chair asked if the DPW Director had provided any input or sign off; Town Planner DePasquale noted that he had sent DPW Director Stephen Mattscheck the Homeowner’s Association contract and Mr. Mattscheck stated that it was fine the way it is.
Acting Chair DeFrancesco asked if there was any further discussion, Town Planner DePasquale requested that the 10 Findings on Page 6 of his October 19, 2021 memorandum, as well as the 15 Conditions of Approval be noted in the final decision. The Acting Chair made the motion to include the above findings and conditions in the final approval. Board Member William Haas seconded the motion. A role call was taken; voted all in favor, 5-0. Motion passed.
C. Continuation of Discussion and/or Possible Action Regarding Public Comments.
Discussion ensued and with comments from Town Council President Dan Patterson,
Board members William Haas and Donna DiDonato the following changes were made:
Comments are limited to items not on this agenda. Items not on this agenda will only be heard for informational purposes and cannot be acted upon by the Planning Board unless they are of an emergency nature. (Please note that a 3-minute time limit is permitted per item; a 15-minute maximum time limit is allowed for this item.)
Acting Chair DeFrancesco asked if there were any objections or further discussion, hearing none
He asked that the changes be made.
A. Pre-application, Minor Subdivision with No Street Extension: Franklin Homestead Phase II, Lewis E. Peck, Jr., Applicant and Owner of property located at 2 Sunderland Road, Exeter, RI; Zoned RU-4 and further designated as Assessor’s Plat 11, Block 2, Lot 1.
Acting Chair DeFrancesco introduced the pre-application for property at 2 Sunderland Road, Exeter.
Mike McCormick, Alpha Associates, Ltd., East Greenwich, RI, was present on behalf of Lewis E. Peck, Jr., for a Minor Subdivision on Sunderland Road. He reviewed the site plans with the Board regarding what construction was being proposed. He stated that the 88-acre property currently has an existing residence with several barns and outbuildings, as well as two cemeteries, one of them being designated as Exeter Historical Cemetery #48. He stated that the applicant desires to create a new 4-acre lot north of the existing residence with no further development proposed. Lot 2 will contain 4-acres with a proposed three-bedroom residence to be serviced by a private well and septic system.
Acting Chair DeFrancesco asked about the cemetery on the property.
Mike McCormick indicated that this is a privately-owned cemetery, walled, with a 25-foot buffer around the cemetery. He noted that the cemetery owns the walls and the perimeter around it.
Town Planner DePasquale reviewed his Planning Memorandum (October 18, 2021) offering comments and considerations. He asked about reestablishing an easement that would allow access to the historic cemetery on the property.
Mr. McCormick acknowledged that there was a recorded easement and that they will clearly define the easement so that there is no question in the future. He noted that there is a 15-foot shoulder on the Hopkins Hill Road side, that would allow someone to pull over and walk in to the cemetery.
Town Planner DePasquale noted that the Town currently has a Growth Management Ordinance in effect which may impact the ability to obtain building permits for lots shown on the applicant’s plan.
Board member Gina Thurn noted that they may not have answered the applicant’s question about the required road buffer. Ms. Thurn felt that if none exists, her personal opinion was that they can’t require the applicant to plant one.
Board members noted that Chairman Millar may have some additional input regarding this matter.
Acting Chair DeFrancesco asked if there were any further comments.
Mr. McCormick noted that with no decision he will be back with the hopes of completing the preliminary stages.
B. Pre-application, Administrative Merger with a Request for Waiver from the LDR Checklist: John F. Bianco, Jr. and Lynn E. Bianco, Owners and Applicants of property located at 67 Cedar Grove Drive, Exeter, RI; Zoned RU-3 and further designated as Assessor’s Plat 38, Block 3, Lots 14 & 33.
Applicants John Bianco, Jr. and Lynne Bianco are requesting a Waiver from the Board to merge their two existing lots on Cedar Grove Drive. Mr. Bianco noted that American Engineering would be assisting them with the required paperwork. He noted that this merger would then allow them to eliminate paying taxes on two separate pieces of property.
Board member Gina Thurn noted that the properties, owned by both Mr. & Mrs. Bianco, are already merged by law.
It was noted by the Solicitor that the Zoning requirements and tax regulations are two different worlds.
Town Planner DePasquale reviewed his Planning Memorandum (October 18, 2021) Pre-Application, Administrative Merger with Waiver, AP 38 B 3 L14, 33. He suggested to the Board that if the Board could see fit to issue both the Preliminary and Final through the Administrative Officer (AO), he would be able to get the Class IV survey and record it as soon as possible. He noted that the meeting schedule could slow down the process for the applicants. He suggested to the Board that they could authorize him, as the AO, to take in the Preliminary application with direction to waive it. He would then have a Preliminary application with direction from the Board to waive it to a Class IV survey and then follow-up with an administrative finding.
Acting Chair DeFrancesco asked the Board if they have any objections to Town Planner’s suggestion. He noted that, without objection, the Town Planner could move forward as the Administrative Officer on the Boards behalf.
C. Zoning Board of Review: November 18th meeting – (2) extension requests and (1) appeal
Discussion ensued. Questions regarding what should or shouldn’t be noted under this heading.
Applicants would need to be notified. Town Planner DePasquale recommended that if the Chair received the Zoning Boards docket, the Chair could then recommend what topics should be placed on the agenda for discussion.
D. Future Meeting: Town Planner DePasquale noted we currently have 1 or 2 applications for the November 23, 2021 meeting.
Motion by Bill Haas to adjourn, seconded by Joe St. Lawrence; voted all in favor. MOTION PASSED. The meeting adjourned at 7:46 p.m.
Respectfully submitted,
Rebecca M. Lukowicz
M. Dixie Foisy
Planning Board Clerk