Town of Exeter, Rhode Island
PLANNING BOARD
675 Ten Rod Road
Exeter, R.I. 02822
401-294-2612
401-294-2592
Meeting Minutes
April 26, 2022
Approved: May 24, 2022
Members present: Scott Millar, Michael DeFrancesco, William Haas, Gina Thurn, Michael Viveiros and Donna Di Donato
Members absent: Joe St. Lawrence
Staff present: Steve Sypole, Solicitor, William DePasquale, Planner and Dixie Foisy, Clerk
Chairman Millar called the meeting to order at 6:30 p.m.
A. Master Plan-Major Land Development: Jade Investment Group LLC, Applicant and Owner of property located at 0 South County Trail, Exeter, RI; Zoned Business and further designated as Assessor’s Plat 71, Block 4, Lot 3 for a proposed mixed-use commercial development. (Timeclock: May 2, 2022)
Chairman Millar recognized Richard Marcello who was present on behalf of Jade Investment Group. Mr. Marcello then introduced Attorney David Igliozzi who was in attendance to update the Board on the revised plans for this location. Attorney Igliozzi indicated that the applicant has reviewed the Planner’s list of recommendations and that he and the engineer will go over the proposed plan’s updates. Attorney Igliozzi did want to make clear that the applicant has stipulated that there will be no retail business at this location. Attorney Igliozzi then went over the building use table before having the engineer review the layout details.
He indicated that Building 1 would be designated for personal service, antique and art, lumber and building materials, woodworking, furniture and general merchandise. He indicated that they would be seeking one special use permit, referencing Use Code 32, for lumber and coal for both Building 2 and 3. He noted that they would not be requesting Use Code 48 (Noted on their submission of April 6). These buildings will only be used for wholesale and distribution only.
Mr. Marcello then went over additional details submitted by Applicant, Jade Investment Group, LLC, in their South Trail Commerce Center Master Plan, Planning Board’s Comment Responses and Plan Modifications summary, Dated April 6, 2022. Mr. Marcello reviewed from Page two of the summary, Number 5: The following use restrictions are proposed to be incorporated into the petition:
a. Sales uses will be restricted to wholesale or distribution only.
b. Finished office space will be limited to not exceed 30 percent of the unit’s space.
c. General retail sales will not be allowed.
d. A Zoning Matrix Chart has been submitted indicating the proposed uses that would be considered a permitted use and a use that would require a Special Use Permit to be issued by the Zoning Board.
e. The applicant will request a Letter of Recommendation be issued in conjunction with the request for a Special Use Permit for Section 2.4.1.48, Structures to accommodate business and professional offices.
f. No outdoor storage of materials, vehicles, equipment will be allowed.
g. The units are not allowed to be modified for living accommodations. No overnight occupancy permitted. Livestock or animals will not be permitted to be kept within the premises.
h. Auto body or vehicle repair will not be allowed.
i. Storage of hazardous materials, fuel, oil or petroleum products will be prohibited.
Chairman Millar asked if there were any questions from the board members before moving on, hearing none, Patrick Freeman from American Engineering was recognized.
Mr. Freeman stated that the building sizes have been reduced for voluntary site density reduction. Building 1 has been reduced in width from 50’ to 40’ for overall density reduction. The plan reduction also allows for a 40’ separation between Building 1 and Buildings 2 and 3. Building 2 and 3 will each have one unit eliminated to reduce overall density and provide additional separation from fire-lane and wetland buffers.
He indicated that in Building 1 there would be six, 40’x25’ units for which 20 parking spaces are required, they have planned for 22, both in front and alongside the building. Building 2 will have four units for which 8 parking spaces are required, they have planned for 16. Building 3 will have five units for which 10 parking spaces are required, they have planned for 17. Additional parking in the rear has been removed, which had been indicated on the original plan. In general, the parking requirements for the 3 buildings indicate a total of 38 required parking spaces. He indicated that their plan proposes a total of 65 parking spaces.
Mr. Freeman went on to talk about the septic system, that it had been designed and RIDEM approved for the service of 1,000 gallons per day. The calculated maximum average daily use would be 700 gallons per day, indicating that the system will deliver at a maximum of 70 percent of its design capacity.
He noted that the water system has been designed and certified to provide the water needs for all of the anticipated commercial development on the Jade Investment Group land parcels, in addition to the 40 residential apartments under construction on the abutting property.
Mr. Freeman touched on the revised dumpster pad location, the stone water management system, roof run-off and water quality requirements, the approved entrance by RIDOT, the original three curb cuts would be reduced to only one, with easements to the record lots and with regards to OWTS, this property would have a 4,000-gallon tank, designed for 1,005 gallons per day, 67 employees—3-4 employees per unit.
Chairman Millar asked Town Planner William DePasquale to review his comments. Mr. DePasquale provided an 8-page memorandum to the board members. Dated: April 20, 2022, Subject: Continued Masterplan Major Land Development, AP 71 B 4 L 3 – Jade Investment Group, South Trail Commerce. Mr. DePasquale noted that the first three pages of his memorandum covered the concerns that both the Board members and the Town Planner had to the proposed build. These concerns covered density, calculation, too much parking, reimaging the traditional office space and depicting the actual Master Plan. The Planner’s memo also covered the applicant’s Preapplication Meeting of April 27, 2021, the Master Plan comments from the February 22, 2022 meeting and an itemized list of requirements to be met.
Planner DePasquale noted that with a lot of hard work, the petitioner had come back with a four-phased approach. Phase-one designated for wholesale distribution of different types, Phase-two, located in the rear/West side of the proposed parcel, use still to be determined; Phases-three and four are frontage lots that could accommodate more traditional retail and business. That the petitioner has redesigned the site and reduced the density to meet more of the rural character of the Town of Exeter.
Mr. DePasquale stated that 16 recommendations had been made and that the applicant has met most of those requirements with their current submission. That the petitioner worked with both the Planner and Hal Morgan, Zoning Official, to determine appropriate use categories.
Town Planner DePasquale’s Recommendation for Master Plan Conditions of approval for Phase One can be found on Page 7 of his April 20, 2022 memorandum. In which he states, presented with the above redesign and updated plan submission I can recommend master plan approval conditioned upon ZBR approval of all of the following stipulations that shall run with the property.
Chairman Millar thanked both Mr. Marcello and Mr. DePasquale for working collaboratively to make this plan come together. Mr. DeFrancesco noted that he was also very pleased with the current changes by agreement. He asked Mr. Igliozzi, if they had complied completely with the February 22 recommendations? Mr. Igliozzi indicated that they had tried to comply with all of the board’s recommendations. He also suggested that the request to have a third-party engineering peer review would be better served at the preliminary plan stage. Mr. DePasquale indicated that was his intention.
Mr. DeFrancesco inquired about the turning radius for fire trucks, tractor trailers, etc. Patrick Freeman, of American Engineering, indicated that yes, the interior radius is 41 feet. Mr. DeFrancesco also asked about the pavement being pervious or semi-pervious? Mr. Freeman stated it was crushed stone. Mr. Richard Marcello stated that this particular area was not intended to be used as overflow parking, not intended for normal parking. It will be labeled as future access to Phases 2, 3 and 4. Mr. DePasquale asked that the berm be a full 24 feet, allowing for a full 12-foot travel lane.
Board member Michael Viveiros inquired about the pervious pavement, and asked who would be responsible for maintaining this area overtime and what happens if ownership changes? He asked Mr. Freeman to explain how this pavement works. Mr. Freeman explained that it’s designed to infiltrate storm water, he stated that they would provide a maintenance plan to keep the porous parts of the surface clean so that the underlying sub-layers could work properly. Mr. Marcello stated that there would be a restriction in the deed and the maintenance plan would be recorded and followed. Attorney Igliozzi suggested that discussion on this topic be continued until the Preliminary. Chairman Millar also noted that he has faith in Mr. Freeman’s work, but knows that these systems can fail. Mr. Igliozzi suggested that the operation and maintenance manuals be cited in the deed of each condominium/business owner and have them acknowledge receipt of the manuals.
Chairman Millar asked if there were any additional comments and hearing none, entertained a motion to approve the Master Plan with the recommendations of the Town Planner including what the applicant has agreed to. Michael DeFrancesco made the motion for Conditional Master Plan approval based on the Planner’s April 20, 2022 memorandum and with the additional stipulation on Page 8 Master Plan submission conditions of approval; adding to number 6—subject to third party engineering peer review (if required by the Planning Board) in the preliminary stage of the application. Seconded by William Haas, Chairman Millar asked if there was any discussion and hearing none, all in favor. The motion passed unanimously.
Chairman Millar introduced Mike McCormick from Alpha Associates who was present and spoke on behalf of the applicant Mr. Lewis E. Peck, Jr. Mr. McCormick gave an overview of the property and reviewed the site plan. Discussion ensued regarding the easement of the historical cemetery’s access.
Chairman Millar asked how someone would easily find the cemetery’s heirs? Mr. McCormick felt it was not their responsibility. Michael Viveiros felt somewhat conflicted because he has a historical cemetery on his property. He noted that you can easily go on-line and discover exactly where the cemetery site is and he personally had no opposition to having the heirs of the cemetery, on his property, cross directly through his driveway to access the site. He felt access had to be provided at some level and that the Town should not be determining the only way onto a cemetery’s site.
Chairman Millar asked Solicitor Sypole for his input. Mr. Sypole stated that in his research he found Case Law in which Francis P. McConnell v. Edward M. Golden, 104 R.I. 657 (1968), that stated (5) Easements Persons entitled to locate way: Where easement of way is granted without designating precise location thereof, owner of servient tenement has in first instance right to designate the location, but if he fails to do so, owner of dominant tenement may select a suitable location, having regard for interest and convenience of owner of servient estate. (This Case Law will be included with the minutes, as Exhibit A). Solicitor Sypole stated that when not defined in the deed the heirs have a right to select a suitable location. Chairman Millar asked for Mr. Sypole’s recommendation. Solicitor Sypole felt it should be as the Planner has indicated, marked out and recorded on the plan. Although he felt it was really not the Town’s concern because it is a private landownership issue between the eventual owner of Lot 2 and the people who have the right to enforce the easement.
Town Planner William DePasquale reviewed his memo: Continued Preliminary – Minor two lot subdivision no street HOPKINS HILL ROAD (PECK JR), AP 11 B 2 L1, Dated: April 20, 2022. In which he noted his Conditions of Approval.
1. Approval is contingent upon receiving all pertinent federal, state and local permits/approvals prior to final or prior to the issuance of a building permit.
2. The issuance of a building permit is contingent upon receiving physical alterations permit from the DPW director for record lot 2 as it will require an opening onto a town roadway.
3. Final site plan and submission shall include permanent monumentation either iron rod, granite bound or drill hole at all corners including new intersection points as well as at the offset angle located east of the intersection of the southern property line and Hopkin’s Hill Road.
4. The Final plan shall eliminate the note highlighting on road parking on the shoulder of Hopkins Hill Road to access to private Historic Cemetery #48 as the Planning Board is not authorized to create a dedicated parking space on a public right away which is the domain of the DPW and Town Council. The Final plan shall note the status of the right-of-way as a private Historic Cemetery #48 including referencing the deed on the site plan. The Final plan shall depict the location of the row markers.
5. In order to gain consistency with the comprehensive plan the stone walls located on the southern and easterly property line of record lot 2 as depicted on the site plan entitled “Minor Subdivision—Preliminary “The Franklin Homestead “Phase II, Existing Conditions Plan shown as Assessors Map 11 Block 2 Lot 1 Exeter Rhode Island prepared for Lewis E. Peck Jr., Prepared by Alpha Associates LTD, Dated July 26, 2021 revised 1/7/2022” shall not be altered, demolished or removed without first gaining approval of the Planning Board.
6. The Final site plan shall depict a “buildable envelope” that is equivalent to “lot area” “ZONING ARTICLE 1. ADMINISTRATION PROCEDURES Sec. 1.2 Definitions” the total area within the boundaries of a lot, including at a minimum, one acre of contiguous land. The site plan must note the “lot area” on record 2 and note the square footage within the building envelope that is suitable for development reported in acres or square feet.
7. Residential single-family development on record lot 2 will be subject to compliance with state regulations regarding the establishment of a new private well including, but not limited to, submitting to the Town building official a copy of the Well Completion Report completed by a licensed well driller, registered in Rhode Island whose license is active and in good standing as well as receiving a copy of the RIDOH required well test report wherein the Building Official can approve or require follow-up steps necessary to issue a certificate of occupancy.
8. The Final plan shall include a zoning compliance table that includes required setbacks and land area within the RU-4 zoned compared to the proposed dimensional and land area configuration of record lot 1 and 2 set in a table format.
9. Final approval shall be granted by the Administrative Officer to the Planning Board.
Chairman Scott Millar asked if there were any further comments, hearing none, he entertained a motion to approve, based on Town Planner William DePasquale’s Planning Memorandum, dated April 20, 2022. William Haas acknowledged the motion and Gina Thurn seconded the motion. All in favor, 5-0 (Millar, DeFrancesco, Haas, Thurn, Viveiros). The motion passed unanimously.
C. Development Plan Review: Plant Based Compassionate Care, Inc., Applicant and Gashy Dowlatshahi, Owner of property located at 560 South County Trail, Building B, Exeter, RI; Zoned Business and further designated as Assessor’s Plat 72, Block 2, Lot 10 for a proposed medical marijuana compassion center.
Chairman Millar introduced the DPR application. Blake J. Costa, President of Plant Based Compassionate Care, Inc. (PBCC), was recognized and reviewed the materials in their application, which included the following: Operations and Security narratives, Traffic Study, Site and Wastewater Treatment Plans by American Engineering, Inc., an Interior Floor Plan and Signage Rendering for PPCC.
Mr. Blake stated that his company had been awarded a conditional license to operate a Medical Cannabis Compassion Center in Zone 5, which included the following towns: Charlestown, Exeter, Hopkinton, Narragansett, Richmond, South Kingstown and Westerly. He reviewed his credentials which included his service as a US Marine and Rhode Island Army National Guard Veteran with over 15 years of service. That over the past four years, Mr. Costa had served as the Vice President of Operations for a licensed Rhode Island Medical Cannabis Cultivation Facility. He also noted how the operations of the business would be handled. Mr. Blake reviewed plans for community relations, staffing and parking plans, the sales process which would also include online telephone ordering.
(Please note PBCC’s entire business plan was distributed to each of the Planning Board members.)
Chairman Millar thanked the applicant for his very detailed presentation and asked if the Board had any questions. He then asked Town Planner William DePasquale for his review of the application.
Town Planner DePasquale stated that he had meet with the petitioner and felt he had presented a comprehensive application. Planner DePasquale reviewed his Planning Memorandum, Compassionate Care, Inc. (Change of Use) DPR Building B, AP 12 B 4 Lots 4, Dated: April 20, 2022 in which he noted that the petition before the Board was a review of an approved Final DPR, recorded on May 5, 2021. That approval included the following conditions:
1. Water meter to be installed on Building B.
2. Monitor water usage and report to Board monthly for 1 year.
3. Water usage is not to exceed 500 gallons per day.
4. System is to be in place for waste water.
5. The applicant will supply the Town with a copy of their approved license from RIDBR,
once that is obtained.
6. The applicant will obtain all local, state and federal permits and approvals.
7. Provide updated verification that RIDEM and RIPDES has been satisfied.
8. Expiration date of the final DPR is 4/27/22.
In his Findings the Planner noted the applicant’s submission was solid and neatly provided a great deal of information on the use proposed which is identified in the 2.4 – Zoning Use Table as 75. Medical Marijuana: a. Compassion center which is allowed use in this business zoning district. He noted that the site plan, the subject parcel and physical conditions on the development, and the parcel configuration and size were all substantially the same as they had been at the time of the original approval.
Under the Planner’s Recommendations he stated, based on his review of the submission as well as his findings, considerations and observations he recommended approval of the DPR. Page 3, of his memorandum, includes his Findings and on Page 4 his Conditions are as follows:
1. Water meter to be installed on Building B.
2. Water usage is not to exceed 500 gallons per day.
3. The Applicant will supply the Town with a copy of their approved license from RIDBR, once
that is obtained.
4. The applicant will obtain all local, state and federal permits and approvals.
5. A change of use to provide recreational cannabis sales will require another DPR to address,
parking and traffic impacts.
Mr. Blake acknowledged the Planner’s conditions and testified that they would not exceed the 500 gallons per day. That their plans are strictly for a medical marijuana facility and if those plans were to change, they would come back to the Planning Board for approval.
Chairman Millar asked if any of the Board members had questions. Mr. Michael DeFrancesco noted
Chairman Millar entertained a motion to approve PBCC’s proposed medical marijuana compassion center located at 560 South County Trail with the conditions noted in the Town Planner’s memorandum of April 22, 2022. Mr. DeFrancesco made the motion and William Haas seconded. All in favor—5-0. The motion passed unanimously.
A. Pre-application - 2-lot Minor Subdivision: Pine Grove Farm, Raymond Pezza, Applicant and Owner of property located at 130 Liberty Church Road, Exeter, RI; Zoned CR-5 and further designated as Assessor’s Plat 66, Block 3, Lot 5 for a proposed minor subdivision.
Chairman Millar introduced the Preapplication of Pine Grove Farm. Patrick Freeman, American Engineering, was present to review the application on behalf of Raymond and Mary Pezza. The Pezza’s current parcel consists of 242.5 acres of land. The existing lot has a single-family residence and farm. Mr. Freeman noted that Mr. Pezza is proposing to create a nine-acre parcel in the northwesterly portion of his lot along Liberty Church Road. That the proposed parcel will meet all zoning requirements and will not require any variances, waivers, or special use permits. The proposed development will include a 4-bedroom dwelling, OWTS, well, water quality treatment practice and utilities.
Chairman Millar asked for an approximate length of the driveway. Patrick Freeman suggested it was about 750 feet. Chairman Millar then asked Town Planner William DePasquale to review his findings. He reviewed the preapplication in his Planning Memorandum, Pre-Application Minor No Street, AP 66 B3 L5 –(Pezza) Pine Grove Farm two (2) lot subdivision, Dated: April 20, 2022.
His Comments were as follows:
1. The proposal is located within a CR-5 zoning district wherein conservation is paramount, therefore, proposed parcel A should include a significant no cut easement located along the contiguous with the flagged forested wetland to Liberty Church Road along the entire southwest quadrant of the proposed new lot A.
2. Depict an calculate “buildable building envelope” in square feet and note on plan. (Integrates setbacks, wetlands/setbacks, elevation/grades, wellhead setback, soils and other constraining factors).
3. The Application is otherwise typical of a minor lot subdivision and shall comply with all the checklist items contained in the Exeter, RI, Land Development regulations.
There was discussion around land adjacent to the forested wetland, approximately ½ to 1 acre of land in the front right corner of Mr. Pezza’s property. Mr. Pezza, owner of the property, indicated that they have no intention of using the land in question. Chairman Millar noted that the easement would say, “no additional structures” and both Mr. Pezza and Mr. Freeman agreed because this land would not be buildable due to the wetlands.
Chairman Millar asked if there were any additional questions, Mr. DeFrancesco asked about the property’s frontage and the need for the required 350-foot frontage. That the map showed 217 feet remaining, creating a lot with the less than the required zoning allowance. Mr. Freeman noted that they have 350 feet along Mail Road. Chairman Millar noted that the newly created lot would have the required 350 feet on Liberty Church Road. Raymond Pezza then gave a brief history of the property. Noting that the original 1400 --1800 acres, was owned by the LaFarge family out of New York. Mr. Grant LaFarge later broke up the trust and he cut the land into different lots. Mr. Pezza’s property known as the Pine Grove Farm of 252 acres, deeded that only 2 house lots were allowed on the land. Mr. Pezza noted that there is a recorded restriction on the property. Donna Di Donato asked about the ownership of the Nature Conservancy and the Audubon property. Chairman Millar commended Mr. Pezza on his stewardship of the land.
Mr. Patrick Freeman proposed during the Preliminary Stage doing a Class I survey on Parcel A and the remainder of the property a Class IV survey. Mr. Pezza noted that he has a survey for the entire property.
B. Zoning Board of Review: May 12, 2022
The Clerk indicated that there are two applications for single-family dwellings.
C. Approval of Minutes: February 22, 2022
Chairman Millar entertained a motion to approve the February 22, 2022 minutes as submitted. William Haas made the motion and seconded by Gina Thurn, all in favor. Voted 5-0.
The February 22nd minutes were approved.
Approval of Minutes: March 8, 2022
Chairman Millar entertained a motion to approve the amended March 8, 2022 minutes--Adding at the end of the sentence on Line 85, an additional sentence to read: Moreover, all who apply be appointed, which is consistent with how the Town of Exeter’s has made appointments in the past. William Haas made the motion to approve the minutes as amended and seconded by Gina Thurn, all in favor. Voted 5-0. The March 8, 2022 minutes were approved.
D. Planner’s Report: Update
Planner DePasquale reminded the Board that there will be a photo shoot on May 2, 2022 with the members of the Town Council, maybe as early as 5:45 p.m. but he will confirm the time. He also noted that the Board was given a Comprehensive Planning packet with the letters that were sent out and at the next meeting the CPAC members will be sworn in by a notary. The meeting is scheduled to be held on May 10, 2022 at the Exeter Library beginning at 6:30 p.m. Chairman Millar noted that the High School Library could be used as another possible location for meeting space.
E. Future Meeting: Photo Op on May 2, 2022 and Work Session on May 10, 2022
Motion by William Haas to adjourn, seconded by Michael Viveiros; voted all in favor. Motion passed. Chairman Scott Millar adjourned the meeting at 8:30 p.m.
Respectfully submitted,
Rebecca Lukowicz and M. Dixie Foisy, Planning Board Clerk