Town of Exeter, Rhode Island
PLANNING BOARD
675 Ten Rod Road
Exeter, R.I. 02822
401-294-2612
401-294-2592
Meeting Minutes
June 28, 2022
Approved: July 26, 2022
Members present: Scott Millar, William Haas, Gina Thurn, Joe St. Lawrence and Donna Di Donato
Members absent: Michael DeFrancesco and Michael Viveiros
Staff present: Steve Sypole, Solicitor, William DePasquale, Planner, Dixie Foisy, Clerk and Olivia DeFrancesco, Town Council Liaison
Chairman Millar called the meeting to order at 6:35 p.m.
A. The application of Charito and Brian Crawford, owners of the property located at 39 East Shore Drive, Exeter, RI; Zoned RE-2 and further designated as Assessor’s Plat 83, Block 10, Lot 18 seeking a development plan review for the purpose of operating a Bed and Breakfast (short term vacation rental) pursuant to Exeter Code, Appendix A Zoning, 2.4.1.42.
Chairman Millar introduced this application and asked who was present to speak on behalf of this application. Ms. Charito Crawford stepped forward to discuss her proposal. Ms. Crawford stated that she and her husband (Brian) had purchased the cottage on Boone Lake about 3years ago after retiring. She noted that it is a one bedroom, one bath cottage with two parking spots available to them. She stated that they use the property about 6 months out of the year, using it throughout the summer and for special occasions. She and her husband felt that they could offset some of their expenses by renting out the property as a Bed and Breakfast, during those times when the family is not using the property. The renters who they felt would be interested in the cottage would be individuals from out of state; who have family in Rhode Island. Limiting the use to one family with no more than two children. Chairman Millar thanked Ms. Crawford for her input; and then asked Town Planner DePasquale to review his planning memorandum.
Town Planner William DePasquale reviewed his Planning Memorandum: DPR—Crawford—Short Term Vacation Rental; AP83 B 10 Lots 18; Zone RE-2 0.12 acres (5,270); 39 East Shore Drive (Boone Lake); Dated June 21, 2022.
Planner DePasquale noted that the preapplication is considering a request to waive the development plan review and for the use of the existing 1-bedroom dwelling located at 39 East Shore Drive (Boone Lake) for operation of a short-term vacation rental.
Mr. DePasquale reviewed the features of the property, offered proposal considerations based on Zoning regulations Article II Sec. 2.4—Zoning use table follows actual use code (42) requires the use considered here as a “bed and breakfast” to obtain an SUP from the Zoning Board. He also applied Zoning Article II Sec. 2.5—Development plan review regulations .2, performance and design standards and the potential areas of concern. They included:
Visual relationship of buildings and their design: Noting that the preexisting dwelling is particularly close to neighboring dwellings.
Vehicular access: While there are no changes proposed, the streets are narrow and the length of the parking space provided extends into the right-of-way of East Shore Drive.
Parking and circulation: Existing driveway area is very limited, two spaces at best or one large full- size SUV.
Water supply: The current private well would require an updated report as to the system’s quality and quantity.
Wastewater disposal: The system would require an up-to-date system suitability determination for RIDEM OWTS.
Mr. DePasquale reviewed his Comments/Recommendations from his June 21 Planning Memorandum noting that the Zoning Ordinance does permit the issuance of a special use permit (Sec. 2.4.—Zoning Use Table 2.4. Zoning Use Table (42.) Bed and Breakfast) to be granted by the Zoning Board for a bed and breakfast (short term vacation rental) in a RE-2 zone. Under the Development Plan Review regulations, Mr. DePasquale noted that design limitations may be a cause for concern, most notably the lack of parking and limitations of occupancy driven by limited parking, number of bedrooms and OWTS (septic) size and function.
He concluded with his Concerns and Considerations, which was noted on Page 4 of his memorandum (1-7) included with your packets from June 28, 2022.
Chairman Millar asked if there were any questions for the Board or for Mr. DePasquale. William Haas was recognized and felt that parking was very much an issue. Mr. Crawford indicated that they have been able to park both their SUV and a small compact car without any problem.
Gina Thurn was recognized. Ms. Thurn asked about their recent water test and septic inspection. Mr. Crawford indicated that he has paperwork for both of those inspections each completed in 2020. Ms. Thurn felt that with this documentation the Crawford’s would not be required to have these systems reinspected. Chairman Millar wanted to clarify that the system the Crawford’s had was an on-site wastewater treatment system and not a cesspool. Mr. Crawford indicated that he was correct. Mr. Crawford indicated that they share a well with the abutter next door.
Chairman Millar felt that the Crawford’s did not need to go through a full development plan review. Further discussion ensued regarding parking concerns and house rules for renters.
Town Planner William DePasquale suggested obtaining an updated site plan, reviewing in more detail—OWTS, agreement of easement, dimensions of parking area, survey of lot/markers, water records, etc. and then allowing the Administrative Officer to review the information and offer a decision or send it back to the Planning Board for review.
Chairman Scott Millar made a motion to waive the Development Plan Review and accept the recommendations of the Town Planner after he receives information regarding the property’s water test, on-site waste water treatment suitability, parking, lot lines, the easement for the well, setbacks, etc. William Haas seconded the motion. All in favor. The motion passed. 5-0.
B. Update the Board on the approved RHODE ISLAND CANNABIS ACT including a preliminary discussion on recommended amendments to the Town of Exeter Zoning Ordinance and Land Development Regulations that would seek to effectively regulate cannabis dispensaries in the Town.
Town Planner DePasquale reviewed the Rhode Island Cannabis Act in which the law legalizes the sale and possession of up to one ounce of cannabis for adults ages 21 and older, with no more than 10 ounces for personal use kept at a person’s residence. Possession of recreational cannabis and home-growing plants would become legal as soon as December 1, 2022.
The new law will allow for up to 33 retail marijuana establishments throughout the state starting December 1, 2022. Twenty-four standalone retailers shall be divided up equally between six geographic zones—Zone 5 shall consist of the towns of Charlestown, Exeter, Hopkinton, Narragansett, Richmond, South Kingstown and Westerly.
He noted that a town may vote by referendum this fall (2022) to prohibit the sale of marijuana in their jurisdictions. Cities and towns that elect to prohibit recreational marijuana sales will not receive revenue from the sale of marijuana. He also noted that the legislation states that communities that already have medical cannabis dispensaries can’t prohibit retail sales. Mr. DePasquale asked the Board to consider where retail marijuana stores should not be located. He went on to review the new legislation with the Planning Board members and how this new legislation will impact the Town of Exeter. He will work on obtaining model ordinances and review them with Solicitor Sypole.
Chairman Millar noted that if they use liquor stores as their example, liquor stores are only allowed in commercial zones: (Business (B), Light Business-Residential (LB-R). Solicitor Sypole noted that the Town already has Medical Marijuana noted in their Zoning Use Table anticipating the addition of retail sales. Solicitor Sypole stated that it was far to early to get specific with town regulations and ordinances because they could be challenged based on State regulations. Discussion continued.
Chairman Millar suggested as a starting point that they line up retail marijuana similar to what they do for liquor stores, keeping our development plan review for parking, stormwater runoff, etc. keeping it pretty simple until we see what the State regulations will be. Solicitor Sypole stated that this is a situation that we want to get out ahead of this, before decisions are being made by the courts.
Planner DePasquale will draft some regulations and suggestions for the Planning Board’s consideration.
Chairman Millar asked if there was any further discussion? There was no further discussion.
C. Discussion of the legislative changes to the ADU Enabling Act.
Chairman Millar discussed the new enacted State Accessory Dwelling Unit (ADU) statute. Chairman Millar felt that the new version that has been adopted is very poorly written with a number of inconsistencies. He questioned how this new ADU statute would impact Exeter’s current ADU ordinance? Solicitor Steve Sypole indicated that the State’s new ADU ordinance is now RI State law and must be adopted. The only real choice the State gives to towns is to either except ADU residences or not. Solicitor Sypole noted that this new ordinance would allow property owners to turn their single-family homes into three rental units, then they could move to Florida and become absentee landlords. Planner DePasquale questioned some of the law’s requirements, however, Solicitor Sypole indicated that if the Town allows ADUs then they have to be a permitted use as opposed to requiring a special use permit. Chairman Millar felt the Planning Board should make a recommendation to the Town Council to repeal the Town’s ADU ordinance due to the enactment of this new State statue. It was noted that this new law goes against not only Exeter’s Comprehensive Plan but the plans of many other towns in the surrounding rural communities.
Donna Di Donato asked Solicitor Sypole if there would be any penalty to the Town if the Town does not allow ADUs? Solicitor Sypole indicated he was aware of none. She also suggested meeting with the Town Council to discuss with them how this new State law will impact Exeter. It was noted that all current ADUs in the Town would be grandfathered in.
Chairman Millar made a motion to send a memo to the Town Council stating, that due to the changes relating to the State of Rhode Island’s Towns and Cities – Zoning Ordinances, Sec. 45-24-31, the Accessory Dwelling Unit (ADU) Enabling Statute takes away the Towns flexibility and becomes overly prescriptive allowing multi-family, no reasonable size limitations and the ability to have more than one dwelling unit on the same lot, the Planning Board recommends that the Council repeal Exeter’s existing ADU ordinance.
The motion was then amended to include the following:
These changes are also not consistent with the Town of Exeter’s Comprehensive Plan, in that this allows for more than one residential building on one lot, as well as not maintaining the rural character of the Town. However, the Planning Board does strongly support the existing ADU ordinance the we currently have, but due to this new statute, the Board recommends that the Council immediately repeal the Town’s ADU ordinance. William Haas seconded the motion, the Planning Board voted 5-0 to send the memo to the Town Council.
Further discussion ensued with the Board members and the Solicitor regarding more specifics on the inconsistencies with the Town’s Comprehensive Plan, the impact on density, etc. The Town Planner will draft a memo and send to the Council as soon as possible.
Board member Gina Thurn stated that she feels nothing in politics is static and isolated and that in order for this pass, something had to fail. Solicitor Sypole stated that the Speaker of the House made affordable housing his priority. Planner DePasquale noted that the “fail” was the State’s low-income housing needs were not being met and the State’s approach needed to change and become more diverse. The Planner stated he was most concerned with the lack of OWTS/water requirements.
IV. ADMINISTRATIVE:
A. Zoning Board of Review: Next meeting on July 14, 2022 to include a request for a Special Use Permit for Jade Investments; they are proposing wholesale/commercial/non-retail. The Town Planner has written a recommendation on behalf of the Planning Board to the Zoning Board with regards to seeking a special use permit with restrictions/no retail. In addition, an extension request for Morris Farm Solar.
B. Approval of Minutes: July 13, 2021
Chairman Millar entertained a motion to approve the July 13, 2021 minutes. Bill Haas made a motion,
Joe St. Lawrence seconded the motion, a vote was taken, 5-0. July 13, 2021 minutes were approved.
Approval of Minutes: May 2, 2022
Chairman Millar entertained a motion to approve the May 2, 2022 minutes. Bill Haas made a motion, Joe St. Lawrence seconded the motion, a vote was taken, 5-0. May 2, 2022 minutes were approved.
Approval of Minutes: May 10, 2022
Chairman Millar entertained a motion to approve the May 10, 2022 minutes. Bill Haas made a motion, Joe St. Lawrence seconded the motion, a vote was taken, 5-0.
May 10, 2022 minutes were approved.
Approval of Minutes: May 24, 2022
Chairman Millar entertained a motion to approve the May 24, 2022 minutes. Bill Haas made a motion, Joe St. Lawrence seconded the motion, a vote was taken, 5-0.
May 24, 2022 minutes were approved.
C. Future Meeting: Future Meeting: Tuesday, July 12, 2022 CPAC meeting and Planning Board workshop. Discussion ensued about content of meeting and format being a “joint meeting” of the Planning Board and CPAC and to advertise/notice as such.
Motion by William Haas to adjourn, seconded by Gina Thurn; voted all in favor. Motion passed. Chairman Scott Millar adjourned the meeting at 8:19 p.m.
Respectfully submitted,
Rebecca Lukowicz and
M. Dixie Foisy
Planning Board Clerk