REGULAR MEETING

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

Members absent: Michael Viveiros

Staff present: Steve Sypole, Solicitor, William DePasquale, Planner and Dixie Foisy, Clerk

I. CALL TO ORDER:

Chairman Millar called the meeting to order at 6:30 p.m.

II. PUBLIC COMMENT:

III. NEW BUSINESS – PREAPPLICATION Development Plan Review (DPR):

A. The application of Joseph E. Newsome and Adrienne T. Irish Newsome owners of property located at 2242 Ten Rod Road Exeter, RI; Zoned CR-5 and further designated as Assessor’s Plat 29, Block 1, Lot 10 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 petition and asked who was present to speak on behalf of this application. Mr. Joseph E. Newsome, owner of the property, stepped forward and presented his brief explanation. He told the Board that he and his wife had owned the property at 2242 Ten Rod Road for the past 27 years and had just begun to operate a Bed and Breakfast in 2020, right around the time the COVID-19 outbreak began. He then learned that he needed to apply for a Special Use Permit and was required to come before the Planning Board with their plans for the proposed Bed and Breakfast. Mr. Newsome indicated that they had no plans to develop or change the property in any way. He was asking the Board for a waiver allowing them to go on to the Exeter Zoning Board for a special use permit.

Chairman Millar asked Town Planner William DePasquale to review his planning memorandum. Mr. DePasquale reviewed his Planning Memorandum entitled: DPR—Newsome /Short Term Vacation Rental; AP 29 B 1 Lots 10; Zone CR-5—Lot Area 5 ac.; Dated May 16, 2022. In it he stated that this preapplication is considering a development plan review (DPR) for the use of the existing 4-bedroom dwelling located on AP 29 B 1 LOTS 10 for operation of a short-term vacation rental. Mr. DePasquale covered the existing conditions of the 5-acre parcel, zoned CR-5 and located on Ten Rod Road, Route 165. He went on to say that considering this petition involved only the use of an existing 4-bedroom dwelling with no new additions or enlargement of impervious surface, that this proposal is fundamentally a zoning “use” consideration as scribed in the Exeter zoning ordinance. He did offer the following provisors;

1. That there be a well test to determine yield and water quality.

2. Limitations of the total number of occupants in the house due to septic and water limits.

May consider limit based on total square footage or 2 per bedroom (8) or less.

3. No light glare or spillage onto the abutting properties.

4. Specify/map limits of the property and/or erect signage to prevent guests from wandering onto a neighboring property.

5. Waiver of DPR. *

*Waiver of DPR

The absence of building construction or additional impervious surfaces would lend an argument for waiving the DPR submission requirements in favor of a memorandum to the zoning board with conditions. As the board is aware according to Section 4.4 of the Land Development Regulations such a waiver of development plan is allowed under these conditions as deemed by the Planning Board.

See Section 4.4 of the Land Development Regulations in Mr. DePasquale’s May 16, 2022 Planning Memorandum.

Chairman Millar asked if there were any questions from the Board. Mr. DeFrancesco noted that because this was a preapplication they would not be taking a vote. Mr. DePasquale noted that this question has come up previously, and acting as Administrative Officer (AO) he would have the authority to grant the waiver of the DPR. Mr. DePasquale indicated that there would be a new application. The application would be submitted as a preliminary plan and the waiver would be requested by the applicant. The Board would then authorize the AO to issue the waiver in terms of the decision siting the reasons for waving the DPR.

Chairman Millar recommended that the AO could author an advisory opinion on behalf of the Board (to the ZBR) in order to move the application forward. Mike DeFrancesco voiced his concerns on the narrow access of the driveway, noting that there could be trailer and RV vehicles entering the property. Mr. DeFrancesco asked that the abutter’s map be clearly labeled. Donna DiDonato voiced her concerns regarding noise and the adjoining property owners. Mr. Newsome stated that there are “house rules” one being no parties.

Chairman Millar noted that this type of business, in the future, could be licensed by the Town Council then allowing the Town of Exeter to rescind the owner’s license to operate the B&B if problems arise on the property.

Chairman Millar made a motion to support a recommendation/advisory opinion to the Zoning Board to operate a Bed and Breakfast (short term vacation rental) at 2242 Ten Rod Road, pursuant to Exeter Code, Appendix A Zoning, 2.4.1.42. which would include Mr. DeFrancesco’s suggestions to review the parking/driveway situation and well capacity. The motion would also allow the Administrative Officer to waive the DPR. Michael DeFrancesco seconded the motion, all in favor, 5-0. The motion passed.

IV. NEW BUSINESS - PUBLIC HEARING:

A. Master Plan/Conditional Preliminary Combined-Major Subdivision (reclassified from a minor with waivers/variances): Lisa Mumford, Applicant and Owner of property located at 269 Liberty Road, Exeter, RI; Zoned RU-4 and further designated as Assessor’s Plat 72, Block 6, Lot 4 seeking a proposed two lot subdivision of a single lot containing two preexisting legally nonconforming dwellings. (The two newly created lots with their existing dwellings shall furthermore require dimensional and area variances from the zoning board as gained through a public hearing before the Exeter Zoning Board)

Chairman Millar asked for a motion to open the Public Hearing, Bill Haas made the motion to open the Public Hearing; Gina Thurn seconded the motion, all in favor. The Public Hearing was opened.

Chairman Millar asked if someone was present representing the Mumford’s? Mr. Earl Adams, who developed the master plan along with American Engineering, 400 South County Trail, Ste A201, Exeter, was recognized and updated the Board on the property. He stated that the Mumford’s are proposing that the 4.57-acre lot, which has had two dwellings on the lot pre-1976, be divided into two separate lots, each with an existing dwelling, well and ISDS. He noted that the entire lot is wooded with the exception of the immediate area around each dwelling used as their yards. There are no wetlands, watercourses or coastal features within 200 feet of the property lines. He noted that adjacent lots are approximately 2-acres each and with the proposed division of the Mumford’s property each lot would be more than 2-acres. He stated that the purpose of the division was to give each family ownership of their own property and for financial purposes.

Chairman Millar recognized William DePasquale, Town Planner. In his Planning Memorandum, Master Plan with Conditional Preliminary (combined) Major subdivision—two lots no street with waivers and variances (Two legal preexisting dwellings on one lot – subdivided into two lots one dwelling within each lot) AP 72 B 6 L4 – 269 LIBERTY ROAD, Dated May 18, 2022.

Town Planner DePasquale reviewed his 4-page memo which included Property Facts, the Proposal, Analyses, Waivers sought, Review Process and his Recommendations, Master Plan and Conditions of Preliminary approval (combined) and Findings:

Recommendations:

1. Planning Board combine review stages master plan and conditional preliminary with one public hearing before the Planning Board (LDR Sec. 6.5. (C)).

2. Approve a master plan and conditional preliminary plan with referral to the zoning board.

3. Refer the master plan to the zoning board for dimensional and area variances.

4. If the variances are granted by the zoning board, return to the Planning Board for final preliminary approval.

5. In house Final by the Administrative Officer.

Master Plan and Conditions of Preliminary Approval: (combined)

1. Subject to all required OWTS approvals and private well documentation for both lots.

2. Provide proof of OWTS approvals from RIDEM and RIDOH approval and location of

private drinking wells on both lots.

3. The site plan shall depict all setbacks of the building OWTS and private wells expressed in feet.

4. Site plan shall include a zoning table that depicts the required zoning land area, buildable area and dimensional requirements compared with that proposed for Parcel A and Parcel B. Clearly list all the required waivers and dimensional/area variances required.

5. Indicate on the site plan the location of low impact development LID practices that retain rain water and promote recharge into the ground rather than allowing it to run off into ditches and storm drains.

LDR Section 3.5 – Required Findings:

1. The proposed development with Planning Board waivers and Zoning Board approval would be consistent with the town’s comprehensive plan as the existing density would remain the same in the post condition and with zoning variances the two newly created lots size would be in keeping with the immediate surrounding area in terms of density and lot configuration see section III; (See May 18, 2022 planning memorandum)

2. Each lot in the subdivision does not conform to the standards and provisions of these regulations and of the town zoning ordinance, however, dimensional and area relief will be sought from the zoning board. The propose lots are designed to be similar in total acreage parcel (A)-2.35ac. and parcel (B) – 2.22 ac. with the central lot line skewed to remain parallel with the outside property lines which also provides maximum side yard setback for the two existing dwellings;

3. The parcel in its existing state already contains two preexisting dwellings and therefore it’s not anticipated that there will be significant negative environmental impacts from the proposed subdivision as shown on the submitted plans dated 4/18/2022 entitled survey plan for Lisa Mumford AP 72, B 6, L 4, 269 Liberty Road, Exeter, RI, drawn by “American Engineering, Inc., 400 South County Trail, Suite A 201, Exeter, RI, Matthew J. Cotta, PLS”;

4. The subdivision, as proposed, will not result in the creation of individual lots with such physical constraints to development that building on those lots according to pertinent regulations and building standards would be impracticable (see definition of buildable lot) because there exist two preexisting dwellings that in the post condition would be located on two separate lots designed with a building envelope that is ample to support future expansion of normal customarily accessory structures and or additions associated with a single family dwelling;

5. Both proposed lots maintain frontage on Liberty Road which is a town road;

6. The two dwellings are preexisting with frontage on Liberty Road and thus the post condition will provide the same circulation of pedestrian and vehicular traffic as was in place in the existing condition with surface water run-off using qualified pervious areas and LID designs to address stormwater;

7. The two dwellings that would be located on the newly created lots are preexisting with onsite improvements limited to LID stormwater controls;

8. For each new lot frontage at the minimum setback or building line shall be not less than 75 percent of that required at the front lot line or street line except that Parcel A will retain 281.9 feet of frontage and the front yard setback and Parcel A will contain 118.10’ of frontage with variance from the zoning board.

9. With the Planning Board waivers and zoning board approved variances the proposed development meets the general design standards within section 7.0 of the LDR regulations;

10. With the Planning Board waivers and zoning board approved variances the proposed development meets the general intent of the other requirements of these regulations.

PUBLIC COMMENT:

Sylvia Curry, 227 Liberty Road, was present and sworn in. She wanted to know the definition of a Special Use permit. Mr. Adams stated that a Special Use permit is a requirement by the zoning board in order to subdivide the lot based on the requested setbacks. Town Solicitor Steve Sypole added that the Special Use permit requirement was because they are altering property that is already nonconforming, and currently the Town of Exeter ordinances do not permit having two houses on one lot.

Marcie Reese, 259 Liberty Road, was present and sworn in. Ms. Reese wanted to know if Mr. Adams had intentions of building more homes on this property? Mr. Adams replied that there are no other dwellings being requested on this parcel. He noted that he owns 2 additional lots in the area. But that he has no intention of adding additional homes to this property. Town Solicitor Sypole also noted that the Town would not allow this to happen.

Barry Motta, 38 Silas Hill Way, was present and sworn in. Mr. Motta was concerned that the wooded area on the 269 Liberty Road property would somehow be changed in the future. That his property abuts this lot and he is able to look out onto the wooded area and hopes that that buffer would remain intact. Mr. Adams stated that there are no plans to change the topography of the property. That the property would remain as is. Mr. Adams stated that they really want that buffer to protect their property from the 32 condominiums that are behind these lots.

Chairman Millar asked if there were any additional public comments, hearing none; the Chair asked for a motion to close the public hearing. William Haas made the motion to close the public hearing; Joe St. Lawrence seconded the motion. All in favor, 5-0. The Public Hearing was closed. Discussion. Mr. DeFrancesco asked the question about whether or not the public hearing portion of the meeting needed to be continued. Solicitor Sypole indicated that the Board could always vote to open the public hearing if necessary.

Chairman Scott Millar referenced Planner DePasquale’s Planning Memorandum and asked if there were any additional questions or comments? Chairman Millar felt that Planner DePasquale had made the necessary recommendations. Mr. DeFrancesco asked if this was both the Master Plan and Preliminary Plan, combined? Solicitor Sypole indicated that they were combining both Master and Preliminary plans at this time. Conditional on them getting Zoning Board approval. Mr. DeFrancesco noted that the application, an official document, only indicated that this was a Master Plan request. Mr. DeFrancesco asked if the application fees would be adjusted based on this request. Mr. Adams indicated that he had paid the required fees.

Planner DePasquale noted that under Section 6.5 LDR, the Board has the ability to combine and issue waivers, even if it’s not requested. He recommended that the Board approve the master plan, conditional on Zoning Board approval, and a conditional preliminary approval, as stated in his Planning Memorandum, Dated May 18, 2022, Page 3, VII. Master Plan and Conditions of Preliminary approval (combined). The Planner noted that at Preliminary the Board would have the approval of the Master Plan, the approval from the zoning board, and anything the Board may consider at preliminary to make sure he has all of the required permits before the administrative final. It was noted that this meeting was advertised as a Master Plan/Conditional Preliminary Combined.

Chairman Millar noted that they are only adding a lot line. Nothing else changes on the Mumford property. Mr. DeFrancesco questioned the lot line being so close to the other property line. Mr. Adams went over the topography of the lots and indicated how they had modified the lot lines as requested by the Planning Board. Mr. DeFrancesco felt the site plan was lacking important information and wanted a more detailed site plan. Mr. DeFrancesco also noted that the site plan did not show permanent monumentation. Mr. Adams did indicate that although they are not in place now, they will be in the future.

Chairman Scott Millar asked if there were any additional questions or comments. Hearing none Chairman Millar moved to accept Town Planner’s recommendations under Master Plan and Conditions of Preliminary approval (combined) and his Required findings under LDR section 3.5, with referral to the zoning board, and if the variances are then granted by the zoning board, the applicant will return to the Planning Board for the final preliminary approval, and then an inhouse final will be approved by the Administrative Officer. Chairman Millar made the motion, seconded by Gina Thurn, Discussion—hearing none, all those in favor, 5-0, (Millar, DeFrancesco, Haas, Thurn, St. Lawrence) The motion passed.

ADMINISTRATIVE:

A. Zoning Board of Review: June 9, 2022

A continued application for a single-family dwelling; and a special use permit request and dimensional relief request by Lisa Mumford and Earl Adams.

B. Approval of Minutes: April 26, 2022

Chairman Millar asked to approve the April 26, 2022 minutes. Mr. DeFrancesco made the motion to approve the minutes as submitted, seconded by Joe St. Lawrence. A vote was taken; all in favor.

The April 26, 2022 minutes were approved.

C. Future Meeting: Future Meeting: Set June 2022 CPAC meeting and Planning Board workshop. (Rescheduling required due to the Exeter RI Financial Town Meeting being held on June 14, 2022 the regularly scheduled date of the planning board workshop)

Work Session and CPAC meeting dates were discussed for a date in June prior to the next regular Planning Board meeting. Possible dates included June 15, 16 or 20. The regular meeting is June 28^th.

Gina Thurn raised a question about having a checklist for what is required on a site plan. Mr. DeFrancesco noted that it exists and applicants only need to follow it.

ADJOURNMENT:

Motion by William Haas to adjourn, seconded by Gina Thurn; voted all in favor. Motion passed. Chairman Scott Millar adjourned the meeting at 7:55 p.m.

Respectfully submitted,

Rebecca Lukowicz and

M. Dixie Foisy

Planning Board Clerk