REGULAR MEETING

Pursuant to Executive Orders recently executed by

Governor Gina Raimondo as a result of the Covid-19 Pandemic,

this meeting was held virtually via Zoom

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

I.                CALL TO ORDER:

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

II.              PUBLIC COMMENT:

III.            OLD BUSINESS:

A.    Request for a one-year extension for the vesting of Final Approval-Major Land Development: Exeter Renewables 1, LLC (Morris Farm Solar), Applicant, and John P. Morris III Trust, Owner of property located at 89 Ten Rod Road, Exeter, RI; Zoned RU-4 and further designated as Assessor’s Plat 26, Block 1, Lot 1.

Chairman Scott Millar introduced the topic and asked if anyone was present to address this subject.

Nicholas Solitro introduced himself and indicated that he was there on behalf of the applicant, Exeter Renewables, LLC. He was asking for a one-year extension of the Final Plan approval granted on September 9 of 2021 out of an abundance of caution. This request was being made in case the argument was that the one-year clock to begin building on this project, was considered to be January 2021, the date of the Conditional Final Approval. He noted that they are very close to starting construction on this property. He stated that they are waiting for final approval from National Grid in order to move forward. John Schroeder of Energy Development Partners was also in attendance in order to answer any questions the Board may have had with regards to this request.

Town Planner DePasquale reviewed his planning memorandum entitled: Final Plan – Major Land Development – Solar Facility – Morris Farm Solar – 89 Ten Rod Road – AP 26 B 1 L1, dated January 19, 2022, in which the Planner stated that in so far as the extension requested preserves the decision in its entirety and avoids a question of activation of the development through the issuance of a building permit, he posed no objection to the request for the one-year extension. Planner DePasquale also included in the Board’s materials the Record of Decision, Final Approval – AP 26 B 1 L 1, Morris Farm Solar – Major Land Development decision, dated September 9, 2021.

Chairman Millar asked if the Board had any questions. Mr. DeFrancesco made reference to the date of the final approval in the Record of Decision being September 9, 2021 and wondered why there was the need for an extension. However, he did not have a problem with granting the request for the extension. Mr. DeFrancesco also asked the question, ‘If the one-year extension is granted, is it from September 9, 2021 (final approval) or from tonight, January 25, 2022?’

Planner DePasquale noted that there can be a number of extensions through different stages of any project. However, because there are two conditions of approval on the Exeter Renewables/Morris Farm Solar final plan, that both these conditions need to be met and completed in a timely manner. He noted that the effective date of the extension is really up to the Board.

Chairman Millar asked if there were any further questions from the Board, hearing none he entertained a motion to grant the one-year extension to Exeter Renewables/Morris Farm Solar. Board member William Haas made the motion and it was seconded by Michael DeFrancesco. The extension will run from January 26, 2022 through January 26, 2023.  Chairman Millar called for a roll call vote. The vote was 5-0, the motion passed.

B.    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.

Chairman Millar stated that Jade Investment Group, LLC, asked for a continuance and requested to be placed on the Board’s February 22nd agenda.

C.    Comp Plan: Finalize scope of services and schedule.

Chairman Millar turned the discussion over to Town Planner DePasquale who introduced Larissa Brown of Larissa Brown & Associates, LLC, (LBA) who reviewed the scope of services and estimated schedule for the Town of Exeter’s Comprehensive Plan. The Board members received a copy of the Professional Services Agreement outlining the Comprehensive Plan objectives. Ms. Brown noted that as the prime consultant, LBA will have overall responsibility for writing and producing the comprehensive plan, as well as the structure and implementation of the public participation process. LBA will be assisted by Dodson & Flinker (DF), Yellow Wood Associates (YW), Mass Economics (ME), Steve Wolf Studio (SW), and Konveio. All members of the team will contribute to the public process.

She recommended forming a Comprehensive Plan Advisory Committee (CPAC). Ms. Brown explained that it should be a broadly representative group that has an advisory role to the Planning Board and Town leadership. She noted that the Planning Board members would invite individuals with varying interests, in the Town, to join this committee. Chairman Millar strongly supported adopting this committee, but stated he would like to integrate the members of the Planning Board into this process with other members from the Exeter community. He stated that when the last comprehensive plan was being done, the members of the Planning Board felt disenfranchised and out of the loop when policies and recommendations were being made by the advisory committee and that led to the completion of the plan being held up.

Planner DePasquale asked Solicitor Sypole for his input regarding the possible violation of the Open Meetings law. Mr. Sypole indicated that yes, if they did have a quorum of the Planning Board it could be conceived as a meeting. Mr. Sypole indicated that as long as the board didn’t discuss any Planning Board business and just the comprehensive plan, that it would probably not be a violation of the Open Meetings Act. Mr. Haas felt that the comprehensive plan is Planning Board business. Mr. Sypole indicated that if the meeting is noticed properly, and that is the only topic discussed, it would be fine. Ms. Brown indicated that all comprehensive plan meetings would be open to the public.

The final discussion was that any and all members of the Planning Board are welcome to attend the CPAC meetings. Ms. Brown will amend and clarify the CPAC language. Ms. Brown indicated that there is a benefit to participating in all of the CPAC process and learning how all the different pieces of the plan work together.

Board member Donna Di Donato asked if there would be a liaison from the Town Council. Mr. Haas indicated that he believes any member of the Town Council that wants to be part of the CPAC could; it doesn’t prohibit anyone.  He added that an invite should go out to all Exeter residents. Donna Di Donato agrees that a letter of invitation should go out.  Chairman Millar stated that he knows that the Town Council appoints liaisons to Boards and Commissions.  Olivia DeFrancesco is the liaison from the Town Council to the Planning Board and perhaps she would be interested in attending some of these meetings, but knows the Council have a full plate, especially during the budget process.  Gina Thurn added that if someone from the Council wants to participate that would be wonderful, but if not, would CPAC be reporting back to the Town Council at their monthly meetings to keep them on pace with what’s happening? Chairman Millar replied that as far as he understands, the Town Council doesn’t take an active role in the comprehensive planning process until such time that the Planning Board officially votes to hand it over to the Town Council.

Larissa Brown indicated that all the meetings will be open to the public and would have a public comments portion at the end of each meeting. Ms. Brown shared that the idea of the CPAC is to have a group that is broadly representative of residents and leadership from the Town who will go through the process and that there is a benefit to having people go through the entire process even if you don’t care about certain aspects.  She stated that the whole point of the plan is how these things all work together and that its beneficial to have the members of CPAC attend as many meetings as possible.  Ms. Thurn asked how many meetings would the CPAC group meet.  Ms. Brown felt that over the course of 20 months, probably 10 to 12 meetings.

Ms. Brown spoke to the naming of the comprehensive plan. She felt that the Planning Board could delegate to Planner DePasquale to work with Ms. Brown and her team to name the plan.  Chairman Millar was more than willing to leave the creative pieces to those with the expertise. Michael Viveiros, Gina Thurn and William Haas have agreed to assist with the designing and branding of the comprehensive plan.

Ms. Brown suggested integrating the Site Readiness RFP State grant received by the Town into the comprehensive plan. She felt it would be organized as part of the plan but would also become a stand-alone document. Planner DePasquale also felt this would incorporate nicely into the comprehensive plan and could offer a number of additional benefits for the Town. He noted that there were still some questions with regards to the grant that needed to be answered and that he has reached out to the Rhode Island Commerce Commission. Mr. DePasquale noted that he has also reached out to the Economic Development Taskforce.

Ms. Brown asked for any questions or concerns regarding the comp plan.  Chairman Millar felt the plan looked very good. Michael DeFrancesco felt the same and was looking forward to getting the work started. Gina Thurn agreed and would be happy to participate as needed.  William Haas was looking forward to participating in the process.

IV.            ADMINISTRATIVE:

A.    Zoning Board of Review:  February 10, 2022

The Clerk reviewed the following: an extension for Morris Farm for a special use permit;

an extension for 148 Mail Road solar project for dimensional relief and special use permit;

and an appeal issued by Asa Davis.

B.    Approval of Minutes: December 14, 2021

Chairman Millar asked to approve the December 14^th minutes. Michael DeFrancesco made the motion to approve the minutes as submitted; seconded by William Haas. Voted all in favor, 5-0. The December 14 minutes were approved.

C.    Planner’s Report: Kayla Ricci Way Roadway Update

Planner DePasquale reported on Kayla Ricci Way. He stated that an Emergency Executive Order was issued by Town Council President Daniel Patterson, under the laws of the State of Rhode Island. He noted that a fine of $1,000 per day would be imposed on the developer. He urged to have post construction reviews become part of any and all future projects.

D.    Chairman Millar recognized Mr. Patrick McDonald of Kayla Ricci Way. He spoke on behalf of all the residents and thanked the Town Council, Planning Board and Mr. DePasquale for their assistance in this unfortunate matter.  He noted that the residents do plan to form a homeowner’s association.

E.    Correspondence: Town of Exeter Emergency Executive Order 2022-1; this order authorized the Town of Exeter to plow Kayla Ricci Way through May 1, 2022.

F.     Future Meeting: February 8, 2022

The Comprehensive Plan Update

February 22, 2022

Revity Project: An extension, a minor and full public hearing on a major land development.

ADJOURNMENT:

Motion by William Haas to adjourn, seconded by Michael Viveiros; voted all in favor.  Motion Passed.   

Chairman Millar adjourned the meeting at 7:45 p.m.

Respectfully submitted,  

Rebecca M. Lukowicz and

M. Dixie Foisy

Planning Board Clerk