WORK SESSION

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 and Dixie Foisy, Clerk

I. CALL TO ORDER:

Chair Scott Millar called the meeting to order at 6:29 p.m.

II. PUBLIC COMMENT:

None

Chair Scott Millar made a motion to hear the agenda out of order moving item C to A.

Bill Haas seconded the motion. Voted all in favor; motion passed.

III. NEW BUSINESS:

A. Zoning Recommendation from the Planning Board: DarrowEverett LLP representing Renew Solar RI Exeter Mail LLC, Applicant, and Rina and Lee Stamas, Owners of property located at 148 Mail Road, Exeter, RI; Zoned RU-4 and further designated as Assessor’s Plat 71, Block 4, Lot 14 for the Reapplication for Dimensional Variance and Special Use Permit for an installation of 8.4 MW ground mounted photovoltaic solar system.

Chair Scott Millar opened the discussion and asked if anyone was present representing Renew Solar RI (RSRI) Exeter Mail LLC.

Jon Restivo, Esq., of DarrowEverett, LLP, was present and acting on behalf of their client Renew Solar RI Exeter Mail LLC. Mr. Restivo noted RSRI Exeter Mail LLC was seeking a new application for a Special Use Permit and Dimensional Variance. Mr. Restivo offered some history on the project. He noted that the project itself has not changed nor has the area around the property.

Chairman Scott Millar stated that the role of the Planning Board in this matter was to simply make an Advisory Opinion back to the Zoning Board with regards to whether or not this project is consistent with the Town’s Comprehensive Plan.

Town Planner William DePasquale noted that since this is a vested Master Plan that consideration has already been given to the project’s consistency with the Comprehensive Plan and deferred to the Board.

Solicitor Steve Sypole was asked for comment and indicated that Chairman Millar had properly described what was in front of the board for consideration.

Town Planner DePasquale acknowledged that the previous decision ruled that there was a finding of consistency with the Comprehensive Plan.

Chairman Millar noted that in the Record of Decision the project indicates 2.8MW but that on the application before them it indicates 8.4MW. He asked if this might be a typo and would like to set the record straight.

Jon Restivo, Esq., noted that this very well could be a typo and also made note that the record calls for a Physical Alteration Permit from the Department of Transportation which this project does not need.

Gina Thurn noted that the Record of Decision that was emailed to the Board is for the Marshall plan at 590 Ten Rod Road not the Stamas project. However, the first page is the Stamas project and each page after that is the Marshall project.

Chairman Millar restates for the record; did the PB previously determine that the 8.4MW Solar development was consistent with the Exeter Comprehensive Plan? Yes, or no?

William Haas noted, yes it was determined based on the previous set of regulations at the time.

The clerk asked for clarification on the MW size.

Jon Restivo, Esq., noted that in the decision they have it correctly indicates 8.4MW and also makes the finding that the application is consistent with the town’s Comprehensive Plan.

Michael DeFrancesco noted that the Zoning Board application refers to 8.4MW.

Town Planner William DePasquale reading from the Record of Decision, Book 329, Page 174, Section 3.5 states; “The proposed application is consistent with the Exeter Comprehensive Plan as presented and discussed in a memo from the Town Planner dated January 15, 2019 and incorporated as part of the decision.”

Chairman Millar noted that since the PB previously determined that this project was consistent with the Town’s Comprehensive Plan, and the project has not changed in size or scope, that a motion to resend, to the Zoning Board, their previously developed opinion that the plan was and is consistent with the Town’s Comprehensive Plan.

William Haas made a motion; Michael DeFrancesco seconded the motion.

Chairman Millar asked for any discussion and hearing none, a roll call vote was taken. Voted all in favor, 5-0. Motion passed.

B. Pre-application-Minor Subdivision/No Street Creation: Robert Grasso, Applicant and Owner of property located at Pole #67 South County Trail, Exeter, RI; Zoned LB-R and further designated as Assessor’s Plat 72, Block 7, Lot 4 for a proposed subdivision.

Chairman Scott Millar introduced this preapplication and asked Robert Grasso, the applicant and owner of the property to speak on behalf of this petition.

Mr. Grasso noted that the property where he is planning to build his home is already cleared. He stated that he has already received all necessary approvals for that build. In August 2020 he was granted a Special Use Permit through the Zoning Board as well as 50 feet of frontage relief. He has come before the Board for a minor subdivision and needs to learn if the current permissions he has already received are adequate.

Chairman Millar asks Town Planner William DePasquale for his input.

Town Planner DePasquale, in providing guidance to the applicant, instructs Mr. Grasso to be specific to either:

1. Requesting a subdivision only;

2. A subdivision and single-family construction;

3. Or something other;

Detailed information is noted in Town Planner DePasquale’s planning memorandum of January 4, 2022, titled: Pre-Application Minor No Street, AP72 B7 L4 – Grasso two (2) lot subdivision.

Mr. Grasso indicated that his current plan, provided by American Engineering, shows the building envelope, he indicated that soil analysis has been completed, and that there is a place for ground water. The application he has put forward is for a simple minor subdivision.

Bill Haas noted that Mr. Grasso has subdivided the lot and has received building approval on one lot. But with regard to the second lot, regardless of what his plans may be, he will need to come back to the Planning Board for required approvals.

Michael DeFrancesco agrees with Mr. Haas’s assessment but notes that Mr. Grasso is proceeding under comment number 5 of the Town Planner’s memo. Which states: If the proposed land uses are undetermined a “buildable building envelope” must be established along with potable water source and the plans and application specified that a commercial development will require Development Plan Review in accordance with the Exeter Zoning Ordinance Article II, Sec. 2.5. entitled “Development Plan Review”. Mr. DeFrancesco noted that the Special Use Permit that was granted previously was for the entire lot, and questions whether legally if you can have two special uses on the same lot. He is looking for clarification.

Chairman Millar stated that in a LB-R zone in order to build a residential home you need the Special Use Permit; it’s the way the ordinance is set up.

Town Planner DePasquale noted that Mr. DeFrancesco brought up a great legal point regarding Special Use permitting and how the decisions are written. We would need to review the final decision that was relative to Mr. Grasso’s approval. If there is no strict compliance provision then we might be okay, however, if there is a strict compliance provision, we’ll need to follow up on those requirements.

The Chair asked if there were any other questions. Hearing none, he asked Mr. Grasso if he had any further questions for the Board.

Mr. Grasso stated that he did not, but that he does have the Zoning Boards final decision granting him the Special Use Permit.

Chairman Millar asked if Mr. Grasso wanted to review the Zoning Boards decision.

Mr. Grasso read the following from the Zoning Board:

With respect to the Applicant’s request for a Special Use Permit to construct a single-family home in the LB-R zone the Board made the following factual findings and conclusions:

1.) Because there are other residential uses on nearby properties in the neighborhood, the proposal will be compatible with the neighboring uses and will not adversely affect the surrounding neighbor's use and enjoyment of their property.

2.) It is environmentally compatible with neighboring properties and the protection of property values

3.) The proposal will be compatible with the orderly growth and development of the Town of Exeter, and will not be environmentally detrimental therewith; the property could be converted to a business use in the future in keeping with the goals of LB-R zoning.

4.) That the best practices and procedures to minimize the possibility of any adverse effects on neighboring property, the Town of Exeter, and the environment have been considered and will be employed where applicable including, but not limited to, considerations of soil erosion, water supply protection, stormwater runoff, wastewater disposal, wetland protection, traffic limitation, safety and circulation.

5.) That the purposes of this ordinance, and as set forth in the Exeter comprehensive plan, shall be served by said special use permit.

Chairman Millar asked if there are any further questions. Hearing none, he wished Mr. Grasso good luck with his project and will look forward to seeing him in the future.

C. Pre-application-MLD: C&H Properties, LLC, Applicant and Owner of property located at 715-725 South County Trail, Exeter, RI; Zoned B and further designated as Assessor’s Plat 76, Block 3, Lot 7 for proposed construction of 26 trade contractor self-storage units.

Chairman Millar introduced this pre-application and asked if anyone was present representing the applicant.

Jeffrey Caffrey, Esq., of the law firm of Resnick & Caffrey representing C&H Properties, LLC was present. Also present, Senior Project Engineer Eric Prive of DiPrete Engineering, and Principals of C&H, Joseph Catelli and Scott Hallberg.

Mr. Caffrey explained that the project proposes two (2) 1-story trade contractor self-storage facilities with footprints of 18,000sf (15 storage units) and 16,350sf (11 storage units). Primarily designed for a contract self-storage facility, but could also be used as offices and/or personal uses.

Eric Prive, Registered Professional Engineer with DiPrete Engineering, offices located at 2 Stafford Court in Cranston, RI. Mr. Prive reviewed the proposed site plan for Assessors Plat 76 Block 3 Lot 7 located at 715-725 South County Trail, for the proposed Exeter Office Trade Center. The preliminary plan was presented for the Boards’ feedback and noted that the master plan will be completed with more detailed engineering at a future date.

Chairman Millar asked for Town Planner William DePasquale’s feedback.

Town Planner DePasquale noted that the Town currently has several of these types of uses which require particular attention because the request includes allowing several different uses to be allowed within individual units of a single storage building. He noted that the steady change of uses within single units contained in a single building can be problematic. Mr. DePasquale offered a number of comments with regards to the proposed construction at 715-725 South County Trail referenced in his Planning Memorandum dated December 6, 2021 as follows: Classification, Site location, Zoning/Parking, Environment, Wellhead and Zoning Setbacks, Stormwater/Drainage, Pre post contours, Fire, Site aesthetic, and his general commentary.

Chairman Millar thanked Bill DePasquale for his input and excellent comments. Chairman Millar asked if there were any further questions or comments.

Jeffrey Caffrey, Esq., noted that they share the Town’s concerns regarding different uses on the property. He stated that as it stands right now, the applicant has proposed to retain ownership of the property and in all likelihood, will be leasing out the various spots. He shared that they are willing to work with the Town Planner to develop rules and regulations for the site prohibiting certain uses within the individual units. Mr. Caffrey stated that by limiting the building to only one particular classification of use may restrict the owners from using the building in its entirety.

Town Planner DePasquale suggested that once the Board makes their findings for consistency with the Comprehensive Plan and Zoning, C&H Properties should review the Zoning Use Table, and select the category of use for each of the buildings being proposed. He noted that agreeing on a category of uses for each of the buildings would get them where they want to be.

The Chairman recognized Michael Viveiros. Mr. Viveiros noted that the other things that come into play, such as restrooms and how will the restrooms be handled and what their impact will be on the septic design. He also thinks about accessible parking and other requirements; and how we define that and comply with code. Michael Viveiros shared that he believes it’s an appropriate facility for the site and the area. He also noted that Bill DePasquale’s points are very good ones, questioning how we keep things from getting out of control.

Michael DeFrancesco was recognized by the Chair. Mr. DeFrancesco agreed with Mr. Viveiros that this project, overall, is good for the Town. He made note of Line 10 on the Application for Land Development that reads: Zoning Board Action Required: No; No Variance: No; Special Use Permit: Yes. He asked if the reason for the Special Use Permit is a requirement because of the zone it is in or the proposed use. Mr. DeFrancesco stated he is also concerned about the overall density of the project. He also agreed with the Town Planner on the number of potential different uses of the facilities. He is concerned about potential problems. He made the suggestion that the Board may want to consider a peer review option with the help from an outside consultant.

William Haas was recognized by the Chair. Mr. Haas stated that what needs to happen first is to have the Fire Department review the proposed build for what they will accept for access. He noted that all this planning may change based on their findings.

Joseph St. Lawrence was recognized. He too agreed with the suggestions regarding fire truck access, water retention, water pollutant, etc. that need to be addressed. He would like to make sure that this project will fit in on Rt. 2, South County Trail, with the other existing business.

Gina Thurn stated that all her questions had been answered.

Michael Viveiros stated he would like to address the issue of how trash will be handled.

Chair Scott Millar stated that he is in agreement with all the comments and concerns that have been raised. He added the old saying that “there is no substitute for experience” and noted that our Planner has obviously had some concerns and some bad experiences with this use in Warwick and believes we need to be mindful of that as we move forward with this project.

Jeffrey Caffrey, Esq., is grateful for the valuable input from the Town Planner and the Board members. They will proceed with reviewing and implementing the Board’s suggestions, including meeting with the Fire Department.

Chairman Millar asked if there were any other questions. Hearing none, he stated that the Board looks forward to working with the applicants through the next stage.

IV. ADMINISTRATIVE:

A. Zoning Board of Review: January 13, 2022

The clerk noted that due to the Governor’s executive order last week, some things changed but stated we currently have Ecogy Energy at Carousel Industries for rooftop solar, 148 Mail Road Solar, and the appeal on the Cease-and-Desist from our zoning official for Rhode Island Grows.

B. Approval of Minutes: May 25, 2021

Chairman Millar entertained a motion to approve the minutes. Motion is made by Bill Hass to approve the minutes as submitted; seconded by Joseph St. Lawrence. Any discussion, hearing none. Roll call vote was taken; voted all in favor. Let the record show the acceptance was unanimous. Motion passed.

C. Correspondence: Green Development Planning Board of Appeals Decision, Dark Sky Memorandum, Communication from Asa Davis and Superior Court Hearing Notice.

D. Planner’s Report: Town Planner William DePasquale reported that at the Town Council’s January 3, 2022 meeting, the Comprehensive Plan update was awarded to Larissa Brown & Associates, LLC team. This team finished first by the Planning Board, Town Planner and Town Council representative scorers. Mr. DePasquale’s memorandum of Tuesday, January 11, 2022: Comprehensive Plan Update, Scope of Services and Estimated Schedule was included in your meeting packets for reference.

Chairman Millar asked that this be placed on the January 25^th meeting for discussion and comments.

Town Planner DePasquale updated the Planning Board on the Quail Ridge Residential Development-Kayla Ricci Way regarding the status of this development and the roadway improvements needed. He noted that a Notice of Violation and Order to Comply was sent by registered mail to Quail Hollow V, LLC. For additional information, please reference the January 3, 2022 Notice of Violation and Order to Comply which was included in your meeting packets.

Chairman Millar acknowledged that the residents may have questions, however, he noted this was not on the Board’s agenda for any action. He added that also due to a Notice of Violation and Order to Comply being sent there is potential pending legal action against the applicant.

Patrick McDonald, resident of 64 Kayla Ricci Way, was recognized. Mr. McDonald wanted it noted that taxes of the 14 residents who live on Kayla Ricci Way are close to $200,000 annually. He also noted that during the meeting, he received an email from Town Council President, Dan Patterson, stating that he had sent a note to Lynn Hawkins, Town Clerk, stating that the Town will agree to plow the road for the remainder of the winter. Mr. McDonald noted that there are monies set aside for this situation, as each resident in this development has also paid a $5,000 Impact fee, for completing the necessary road work, in addition to other things. He thanked Mr. DePasquale for doing an exceptional job of answering their questions and raising their concerns. Lastly, Mr. McDonald stated his hope is that the paving of the road will be expedited.

Chairman Millar acknowledged their concerns and anger and stated that they (the Board) will work to resolve this matter and make sure that this never happens again.

Robert Hadley, 47 Kayla Ricci Way, is recognized and would like it noted for the record that all of the lots in this neighborhood have been sold. There are 14 lots and they have all be sold.

E. Future Meeting: January 25, 2022 agenda items were discussed as follows: Kayla Ricci Way and any further action; the Comprehensive Plan and Morris Farm Extension.

ADJOURNMENT:

Motion by Bill Haas to adjourn, seconded by Joe St. Lawrence; voted all in favor. MOTION PASSED. Chair Scott Millar adjourned the meeting at 7:56 p.m.

Respectfully submitted,

Rebecca Lukowicz and

M. Dixie Foisy

Planning Board Clerk