REGULAR MEETING

Members present:     Scott Millar, Michael DeFrancesco, William Haas, Gina Thurn, Joe St. Lawrence and Michael Viveiros

Members absent:       Donna Di Donato

Staff present: Steve Sypole, Solicitor, William DePasquale, Planner, Dixie Foisy, Clerk and Olivia DeFrancesco, Town Council Liaison

I.                CALL TO ORDER:

Chairman Millar called the meeting to order at 6:31 p.m.

II.              PUBLIC COMMENT:

III.            NEW BUSINESS:

A.    Pre-Application Minor-Subdivision: Darren Tourgee, Applicant and Richard Sadler, Owner of property located at 725 Ten Rod Road, Exeter, RI; Zoned RU-3 and further designated as Assessor’s Plat 23, Block 2, Lot 6; a request for a proposed minor three-lot subdivision, on an existing roadway.

Chairman Millar introduced the application and asked if anyone was present to speak to the application.  Darren Tourgee stepped forward and stated that he is purchasing land from Richard Sadler, the owner of property located at 725 Ten Rod Road. Carl Tourgee, also present, indicated that he too would be gaining part of the property as well. Noting that they would be going from the two existing lots to three with altered property lines. They indicated that the property was formally owned by their family members.

Chairman Millar asked Town Planner William J. DePasquale, Jr., to review his findings referenced in Planning Memorandum: Pre-Ap Minor (3 lots) AP23, B2, L5 and 6 – Tourgee, Dated: August 16, 2022. Planner DePasquale stated that the applicant is seeking to gain frontage on a lot that is preexisting, but does not have frontage, except for a public right away. He indicated that the proposed “Tourgee Plat” is a redivision of two (2) existing lots that changes their dimensions and creates a new lot for development. Mr. DePasquale stated that the new parcel of land designated as “Record Lot 3” would contain 16.32 acres of land while lots 5 and 6 will change in dimensions and area. Lot 5 designated as “Record Lot 1” will contain 7.26 acres of land and the remaining Lot 6, designated as “Record Lot 2” will contain 3 acres of land.

Planner DePasquale felt there were areas of concern that the Board may want to discuss with regards to this proposal. He went on to review his recommendations to be applied to the applicant’s Preliminary plans. They included some of the following:

·       Preliminary plans must depict dimensions of an access from the south east to the north west on Record Lot 3 that is outside the wetland buffer;

·       RIDEM system suitability approvals for OWTS on both Lots 23-2-5 and 23-2-6;

·       Lot 3 suitability for a septic system with perc test and water table verification;

·       Conduct potable water tests for both existing wells to determine yield and water quality and present a written well report at preliminary;

·       Provide an official document or expert letter stating the new Record 3 Lot can support a potable well;

·       Provide a Physical Alterations permit from RIDOT to establish ingress and egress to and from RI Route 2 (Ten Rod Road);

·       Monumentation set at every corner of the three proposed lots;

·       Submit a table and checklist that reports how and where on the site plans these requirements were addressed.

·       For the complete list of recommendations, see the Planners memorandum dated August 16, 2022.

Chairman Millar asked the applicant if they had a copy of the Planner’s memo? They stated they did not and the clerk made a copy for the Tourgees.

Chairman Millar asked if there were any questions from the Board. Joe St. Lawrence asked if they had any plans of putting a future road in the back to Lot 3? Mr. Tourgee stated that the best placement for a future road would be to the east, closer to 102.

Vice Chair Mike DeFrancesco indicated that he has some concerns regarding the lot configurations. His concerns were with regards to future building opportunities and that currently they do not have access to a particular section of the land. Mr. DeFrancesco asked about the easement that is on Carl Tourgee’s lot, they indicated that there was a 40-foot deeded right-of-way. He asked questions regarding access to the cemetery and having it noted on the plan. Solicitor Steve Sypole asked the Tourgees’ about having a copy of the easement and asked Carl Tourgee to bring the paperwork for the easement to the next phase of the application.

Chairman Millar asked if anyone else on the Board had any questions? As there were none, the Chair asked the applicants if they had any further questions? They asked what the next steps were. Chairman Millar explained that the recommendations from the Planner’s memo were the expectations for completing the Preliminary application along with a specific building envelope; conservation easement; and all State and Federal approvals.   

B.    Pre-Application Minor-Subdivision: Cinthia and William Reppe, Applicant and Ronald Mann, Owner of property located at 0 Liberty Church Road, Exeter, RI; Zoned CR-5 and further designated as Assessor’s Plat 50, Block 2, Lot 9; a request for a proposed minor two-lot subdivision, on an existing roadway.

Chairman Millar introduced the above application and asked if anyone was present to speak to this request.  Mr. Richard Marcello stepped forward and indicated he was present on behalf of Cinthia and William Reppe, applicants. Cinthia and William were both present, Ronald Mann, owner, was not. Michael DeFrancesco stated he could not read the 11x17 site plan, and the clerk indicated that they had only received one full size site plan and it was given to the Chair.

Mr. Marcello stated that the couple had entered into an agreement with Ron Mann to purchase 5 acres in the southwest corner of his property. They plan to build a 3 bedroom, 2.5 bath home, with an attached garage, to be placed in the center of the property about 180 feet off Liberty Church Road and approximately 90 feet or more on either side of the property, fitting within the required setbacks.

Chairman Millar asked Town Planner William J. DePasquale, Jr. to review is Planning Memorandum, Pre-Application—Minor two lot subdivision on street, Liberty Church Road, AP50, B2, L9, Dated: August 17, 2022.

Planner DePasquale reviewed the proposal overview indicating the pre-application is proposing a two-lot minor subdivision with frontage along the easterly side of Liberty Church Road. The existing lot is 143.50 acres in an area zoned CR-5 and known as Exeter Assessor’s Plat 50, Block 2, Lot 9. The 5.1 acre “Parcel A” would be developed to support construction of a 30’x 50’ 4-bedroom residence with a driveway, OWTS, utilities and private well. He reviewed the facts and analysis of the property and then offered his comments and recommendations.

Planner DePasquale’s recommendations included the following:

·       Be consistent with the intent of the CR-5 zoning district the Preliminary plan should establish and depict on the plan a 100’ wide “no cut buffer” zone along the entire frontage of “Parcel A" and possibly along the side and rear yard so as to preserve and protect the natural landscape;

·       At the preliminary stage the applicant shall provide RIDEM approvals for the OWTS for Parcel “A”;

·       The applicant shall provide a site plan that depicts all setbacks of the building to the OWTS and setbacks from the OWTS to the property line and well;

·       Site plan shall indicate the location of low impact development practices that retain rain water and promote recharge into the ground;

·       A Physical Alterations permit from the Director of Public Works for the driveway opening;

·       Provide a written letter from an attorney to the Planning Board stating that there are no deed restrictions on the CR-5 zoned parcel AP 50, B2, L9 that would prohibit the creation of a new lot for development;

·       Submit a table and checklist that reports how and where on the site plans these requirements were addressed.

·       For the complete list of recommendations, see the Planners memorandum dated August 17, 2022.

Chairman Millar asked the applicant’s if they had any questions? They indicated they did not. He welcomed them to the Town. He then asked if the Board members had any questions, they indicated their questions had been covered.

C.    Pre-Application Development Plan Review: Gashy Dowlatshahi, Applicant and Owner of Pine Ridge Industrial Park, property located at 560 South County Trail, Exeter, RI; Zoned B and further designated as Assessor’s Plat 72, Block 2, Lot 10; a request for a proposed Tradesman Center in Building E.

Chairman Millar introduced the pre-application development plan review and asked if Mr. Dowlatshahi would update the Board. Mr. Dowlatshahi indicated that this application is the last building on Pine Ridge, Building E, 60’x160’ warehouse, typical of the previous buildings.

Chairman Millar asked Town Planner William J. DePasquale, Jr., to review his Planning Memorandum, Pre-App DPR Building “E” Previously Approved Pine Ridge Industrial Park, AP 72, B2, Lot 10, Dated: August 15, 2022.

Planner DePasquale reviewed his findings/travel and overview. He stated that the Pine Ridge Industrial Park project has had a long history as a development that began in 2003 with the incremental construction of the five commercial buildings, parking, ancillary drainage and OWTS. The construction of each building ran through the DPR process from 2004 through to 2021. The instant preapplication DPR is requesting the construction of the final commercial building within the Pine Ridge Industrial Park known as Building “E”. He reviewed the proposal and existing site conditions with the Board including the RIDEM approvals, stating that due to the soil’s topography and partial location of the parcel within the Groundwater Protection Overlay District that it was imperative that the stormwater design include water quality treatment and OWTS have suitable state approvals.

The Planner concluded with his recommendations:

·       Site map additions, an official document or expert letter stating the Public Well is capable of supporting Building “E”;

·       The submission of a landscaping plan for the entire development-completed by a registered professional landscape architect;

·       Lighting plan for the entire complex;

·       Prepare and submit a maintenance and operation document for all stormwater water quality structures and systems which will be recorded with the Town;

·       A sign-off letter from the Fire Marshal regarding compliance of Building “E”;

·       Construction sequencing and an estimate for completion of the remaining buildings;

·       “As Built” DPR return requirement; and any additional information deemed necessary by the Administrative Officer.

·       For the complete list of recommendations, see the Planners memorandum dated August 15, 2022.

Mr. Dowlatshahi responded to the Planner’s memorandum noting that the water runoff came from the neighboring owner’s land who’s been there for approximately 30 years and plans to correct the issue in the spring. He stated that the drainage has been there for 20 years and has been working, but added another retention pond and redirected Building C, D and E, stating they have never had an overflow on the property.

Mr. Dowlatshahi indicated that lighting on the property is not fully complete, that some of the building occupants require very specific security and lighting needs that will be completed going forward. Landscaping continues on the property. Chairman Millar suggested that he include some native trees on the site. Planner DePasquale suggested that Mr. Dowlatshahi should include all of the recommendations on Pages 3 and 4 of the Planner’s planning memorandum on his site plan map. So that going forward there is a roadmap showing exactly how the property will look upon completion.

Chairman Millar asked the Board if they had any questions?  Mike DeFrancesco, referring to the site plan, asked Mr. Dowlatshahi to show him—existing vs proposed. He asked about the ability to get a truck up to the property and suggested he obtain a letter from the Fire Marshal indicating they have reviewed the property. Mike Viverios noted that he had gone to the site and felt there was a lot of construction still unfinished and they were in need of an accurate site plan. The Planner stated that the site plan needs to show what’s there now and what is proposed in future construction. He stated that the Board deserves an accurate site plan, that it’s not up to the Board to guess. Mr. Dowlatshahi said he would have his engineer rework the site plan for the Board to review.

Mr. DeFrancesco recommended that when the project is finally complete that there is a “certified” As-Built by a surveyor. Also, that the occupants of the building are compatible with the each other. Chairman Millar asked if it would be appropriate to have a third-party give a final inspection, as this project has been going on for so long. Planner DePasquale recommended that the final approval should happen after the As-Built comes back to the Planning Board, and at that time have a peer review of the As-Built. Mr. Dowlatshahi indicated that 90 percent of everything as far as electric, water and gas are in. He stated that the only thing that is not done is the foundation for Building E. Design standards were discussed regarding then and now.    

IV.            ADMINISTRATIVE:

A.    Zoning Board of Review:  The Clerk reported that the next meeting on September 8, 2022 will include a special use permit extension request for 590 Ten Rod Road Solar, and a special use permit request for a B&B (short term rental) on Ten Rod Road.

B.    Approval of Minutes:  July 26, 2022:

Chairman Millar entertained a motion to approve the July 26, 2022 minutes. Michael DeFrancesco made a motion, Joe St. Lawrence seconded the motion, a vote was taken, 5-0.

ADJOURNMENT:

Motion by William Haas to adjourn, seconded by Gina Thurn; voted all in favor.  Motion passed.   Chairman Scott Millar adjourned the meeting at 8:22 p.m.

Respectfully submitted,  

Rebecca Lukowicz and

M. Dixie Foisy

Planning Board Clerk