Town of Exeter, Rhode Island
PLANNING BOARD
675 Ten Rod Road
Exeter, R.I. 02822
401-294-2612
401-294-2592
Meeting Minutes
September 27, 2022
Minutes Approved: December 13, 2022
Members present: Scott Millar, Michael DeFrancesco, William Haas, Gina Thurn, Joe St. Lawrence, Michael Viveiros and Donna Di Donato
Members absent: None
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 6:34 p.m.
None
It was noted that Esquire Steno was absent from this Planning Board meeting. The applicant was asked if they were agreeable to moving forward without the stenographer. All were in agreement that if a transcript were to be required it could be obtained from the tape recording of the meeting. It was also noted that if a transcript were to become necessary the applicant would be responsible for any associated costs.
A. Preliminary 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.
Patrick Freeman, P.E., American Engineering, was present and reviewed the requested revisions, made by the planning board, to the site plans for South Trail Commerce on behalf of Richard and Robert Marcello. He noted that aisles were widened to 24 feet gutter to gutter; a10,000-gallon fiberglass system for fire suppression and a fire lane with breakaway gates were added to the plans. He stated that they have received permit approvals for their OWTS plan; stormwater management plan; and access to Rt. 2 from RIDOT. He explained that they had submitted their stormwater and drainage designs to Crossman Engineering for a peer review and Crossman’s findings are included in the Technical Review Memorandum from Chris Cabral, P.E., Crossman Engineering, dated September 7, 2022. Mr. Freeman stated that they have begun to address the comments from Crossman, and while they don’t have issues with most of Crossman’s findings, there were a couple of items he wanted to review. First with regards to the Sand Filter and Infiltration Basin designed without outlets (1.7). Mr. Freeman and Mr. Cabral have discussed the concerns and changes will be made to improve the design. He noted that there were questions raised about the Pervious Pavement plans (2.1) with regards to interpretation and how DEM assigns curb numbers to pervious pavement. He stated that they discussed the curb numbers used in the design and agreed that they were proper. Mr. Freeman also noted that Crossman’s recommended using ¾ crushed stone instead of 3/8 crushed stone pavement, which they will do.
Mr. Freeman went on to review the maintenance of the pervious pavement (2.2), which the board had expressed concerns with. Crossman Engineering proposed that they provide an alternative stormwater model for the site as if the pervious pavement had completely failed and the ramifications of that surface becoming completely clogged. Mr. Freeman ran that model and the modeling showed no overbank flooding and concerns for Rt. 2.
Chairman Millar asked Town Planner William DePasquale to review this project. Mr. DePasquale reflected on the history of South Trail Commerce in his Planning Memorandum: Preliminary Major Land Development with Use Restrictions—Contractor/Warehouse Storage, Dated: September 20, 2022. He reviewed the proposal and included a summary to date. That summary noted an informational public hearing held on April 27, 2021 with a subsequent Master Plan hearing held on February 22, 2022 which was continued to April 26, 2022. The Planning Board issued their Conditional Master Plan Approval on May 10, 2022 pending ZBR approval. The Zoning Board held a public hearing on July 14, 2022 and granted their approval on August 5, 2022 with a series of stipulations and use restrictions that are included in the Planner’s memorandum.
He reminded those in attendance that the proposal is for construction of a four-phase buildout and that this was only Phase One, which comprises a 3.49-acre site with three buildings to be used for warehouse space and contractor storage and that no retail sales are included in this construction phase.
Town Planner DePasquale and Chairman Millar agreed to review Crossman Engineering’s peer review report. Board member Michael DeFrancesco stated that having gone through a similar peer review process with Barn View, he asked that the Board request a final letter from Crossman Engineering addressing all their concerns and stipulations.
Chris Cabral, P.E., Crossman Engineering, came forward to go over the peer review. He acknowledged that Patrick Freeman and his team had done a great job with the design plan, and while their memo looked lengthy, there were only minor items that they found. In their review they wanted to make sure their findings were bulletproof and that they wouldn’t have any hesitation in giving the South Trail Commerce plans their final blessing. He noted that the standards of the Town’s regulations and the stormwater manual regulations had been met. He noted there were only three items under discussion. They included 1.7 Sand Filter and Infiltration Basin design, 2.1 Pervious Pavement, and 2.2 Maintenance of porous pavement projects.
Chairman Millar thanked Chris Cabral for Crossman’s thorough and thoughtful review. Michael Viveiros asked how they would ensure that the payment would be maintained? He asked if there would be a contract? Mr. Richard Marcello showed the Board a printout regarding the maintenance/annual inspection of the payment. Attorney David Igliozzi noted that he did not want to see this maintenance requirement turned into a financial mandate that is not necessary. Solicitor Sypole indicated to the Chair that the Board could put a condition on the approval, that has to do with the submission of a maintenance plan. Discussion ensued around the timeline of the maintenance. Planner DePasquale suggested that the engineers put some appropriate language together regarding the maintenance program for the porous payment.
Chairman Millar recognized Planner DePasquale who had some additional clean-up issues. They included: Signage; Lighting; Dumpster Location and screening; Landscaping. In the Planner’s September 20, 2022 memorandum under Land Development Regulations Sec. 3.5 he has included fourteen Required Findings.
Board member Michael Viveiros recommended that the trash enclosures be wood on three sides with chain link fencing with slats for the gates, which are more durable. He also asked about change of use notification and who was responsible for the notification? Mr. Marcello stated that the owner is responsible and the lease further obligates the tenant.
Board member Bill Haas asked if both the fire department and fire marshal have addressed the properties requirements. Patrick Freeman indicated that those needs have been addressed.
Chairman Scott Millar asked if anyone was present to address any public comments.
Frank Shea, Executive Director, Women’s Development Corporation, owner of Pine View (next to the proposed construction) was recognized. He had some concerns regarding lighting and landscaping. Mr. Marcello reviewed the plan directly with Mr. Shea.
Chairman Millar asked if there were any additional comments from the public, hearing none, he recognized Michael DeFrancesco. Mr. DeFrancesco asked about the Master Plan approval. Planner DePasquale stated that the Master Plan was approved, conditioned on the fifteen items that were reviewed by the Zoning Board. That a public hearing had been held and codified as part of the Zoning Board approval. The Planner’s Findings of Fact for Conditional Preliminary will incorporate those items.
Attorney Igliozzi stated that the Master Plan had been approved and there were vested rights. William DePasquale noted that the Record of Decision was recorded including the Zoning decision. Mr. DeFrancesco wanted to make sure that the Board has all the documents within the Preliminary Packet. He asked for a list of all documents.
Planner DePasquale reviewed the Findings of Fact in his memorandum (September 20, 2022), Pages 7-9, (1 through 31). Also, the Planner’s Required Findings on Page 9 and 10, (1-14). Mr. DeFrancesco asked that Number 10 under Required Findings be restated as follows: The Conditional Preliminary review included a third-party peer review for the proposed stormwater system that require alterations to the plans to ensure drainage is compliant with the Land Development Regulations and Stormwater Mitigation goals contained within the Comprehensive Plan.
Chairman Millar asked if there were any additional comments. Planner DePasquale reviewed the upcoming stages. He noted that at Preliminary, once all the conditions have been checked off as complete, then any additional recommendations would simply be administrative AO, approve preliminary and then on to final.
Chairman Scott Millar made a motion to approve the conditional preliminary approval with stipulations on Page 5 of the Town Planner’s memo, dated September 20, 2022—to include #1-4, strike out #5, keep #6, adding #7 for the annual operation of maintenance certifications to be sent to the Town regarding the pervious pavement (final language to be worked out); adding #8 for copies of the as-builts. Also, to include everything else that would follow in this memo, including the required findings, etc. Michael DeFrancesco seconded the motion.
Michael Viveiros asked to amend the motion to add a stipulation that notice of any sale or change in use in any unit be provided by the owner to the office of the Town Planner—to be added as #9.
Chairman Millar then made a motion to approve his original motion, amended by Michael Viveiros; Michael DeFrancesco seconded the motion. Vote was all in favor (Millar, DeFrancesco, Haas, Thurn, St. Lawrence). Motion as amened carried.
A. Preliminary Plan Two-Lot Minor Subdivision: Pine Grove Farm, Raymond Pezza, Applicant and Owner of property located at 130 Liberty Church Road, Exeter, RI; Zoned CR-5 and further designated as Assessor’s Plat 66, Block 3, Lot 5; a request for a proposed minor two-lot subdivision, on an existing roadway.
Patrick Freeman, P.E., American Engineering, was present on behalf of Raymond and Denise Pezza, and reviewed this project which will consist of a subdivision of the Pezza’s existing lot of record. The Pezza’s parcel consists of 242.5+ acres of land. They are proposing to create a nine-acre parcel (Parcel A) in the northwesterly potion of their lot along Liberty Church Road. The proposed parcel will meet all zoning requirements and no variances, waivers, or special use permits will be required. The remaining 233.5+ acre parcel will have 217’ of frontage along Liberty Church Road and 750’ of frontage on Mail Road.
The newly created lot will consist of a 4-bedroom dwelling, OWTS, well, and utilities. He noted that soil evaluations have been performed, and an OWTS has been designed and approved by the RIDEM per Application #2211-0566. Water quality treatment has been provided by the proposed Rain Garden which has been designed to capture and infiltrate 1” of runoff from the proposed impervious areas.
Based on comments received at the pre-application they added a “no-cut buffer” zone to the front of the property on the southwest corner of the lot to prevent any cutting of trees. Chairman Millar asked if the “no-cut buffer” would extend the full length of the property on Liberty Church, which he indicated was intended at the last planning meeting. Mr. Freeman stated that nothing is proposed for that first 100 feet.
Chairman Millar asked Town Planner William DePasquale to review his Planning Memorandum: Preliminary Two Lot Minor No Street, AP 66 B3, L5—(Pezza) Pine Grove Farm two (2) lot subdivision, Dated: September 20, 2022.
Planner DePasquale reviewed his Findings of Fact, Preapplication Comments and Preliminary Plan Submission Response. He then went over his Recommendations stating that the application is a rather typical minor, two lot subdivision located on an improved Town road and complies with all the checklist items contained in the Exeter RI Land Development Regulations as well as the minimum zoning regulations contained in the Town’s Zoning Ordinance and as such, he would recommend that the Planning Board grant preliminary approval along with his recommendations.
A summary of the Planner’s recommendations included the following: That the final application shall include restrictive covenant language, monumentation and description of the “no-cut buffer” which was shown on the plan entitled “Preliminary Plan Set Proposed Conditions Plan for Pine Grove Farm, American Engineering, Inc., 400 South County Trail, Suite A, 201 Exeter Ri 02822 Plan Date 8/29/22, Patrick J. Freeman, PE and Matthew J. Cotta, PLS dated 8/30/22.” That approximate well location and documentation (Official document or expert letter) stating the new Parcel A is capable of supporting a potable well or this will be condition in the issuance of a building permit. Any additional information deemed necessary by the administrative officer necessary to process the final application. That the final plan shall be processed by the administrative officer to the planning board.
For the complete list of recommendations, see the Planner’s Planning Memorandum, Dated: September 20, 2022.
Board member Donna Di Donato raised a question about limiting further development. Patrick Freeman stated that the lots are restricted within the deed, only allowing the two lots. The notes state that Parcel A and B have been restricted from further subdivision and restrictions can be found in the Town of Exeter’s Land Development and Subdivision Regulations directive in Book 50 on Page 254.
Board member Gina Thurn asked a question regarding the “no-cut buffer” asking if the Pezza’s are allowed to take dead trees down? Chairman Millar indicated that yes, they can, but are required to maintain the natural vegetation.
Board member Michael DeFrancesco asked about Detail A on Drawing 2. Patrick Freeman indicated that they had also done a survey of the frontage on Liberty Church Road on Parcel B. He stated that he simply wanted to detail that they have 217 feet of frontage on Liberty Church Road. Mr. DeFrancesco also asked for an explanation on how they added up the distances on the survey lines? Mr. Freeman explained that they use what they call “crow’s feet.”
Chairman Millar asked if there were any more questions or comments? Patrick Freeman asked a question about monumentation of the “no-cut buffer” zone? How would you want that done? He noted that they are doing a 100-foot offset of the front property line. Chairman Millar indicated that this was correct. He also asked about he PAP from the Director of Public Works? Planner DePasquale indicated that the process is very clear, since his arrival, getting the DPW and the fire chief and fire marshal in the early stages of the process to review the plans and approve or advise any changes that they may be aware of.
Planner DePasquale also addressed the monumentation regarding the compliance of the “no-cut buffer” zone. That the wetland areas should be marked with some kind of post with possible signage.
Questions arose regarding the use of over-head or underground electrical wires? Mr. Pezza indicated that cost to run underwire electrical is much more expensive than above ground.
Chairman Millar asked for a motion to approve the preliminary plan. William Haas made the motion; Joe St. Lawrence seconded. Chairman Millar added that the motion will include all conditions of the Town Planner’s memo, dated September 20, 2022 in IV on Page 2 and all required findings in V on Page 3. In addition, the Chair asked to include the “no-cut buffer” zone run the length of the property along Liberty Church Road. There was a motion on the floor and seconded. The vote taken was all in favor. (Millar, DeFrancesco, Haas, Thurn and St. Lawrence). The motion passed.
B. Preliminary Plan Two-Lot 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 asked Patrick Freeman, P.E., American Engineering, to review the above application for Cinthia and William Reppe. Both Cinthia and William were present for the planning meeting. Mr. Freeman reviewed the agreement that the Reppe’s entered into with Ron Mann to purchase 5.1 acres in the southwest corner of his property. That 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.
Mr. Freeman noted that they had added to the site plan the 100-foot “no-cut buffer” zone as requested including the building setbacks for the CR-5. They performed a Class One Survey of Parcel A and set monuments at all four corners; the property will include a crushed stone driveway and overhead utilities will be installed on this lot.
Chairman Millar recognized Town Planner William D. Pasquale and asked him to review his Planning Memorandum: Preliminary Application—Minor two lot subdivision no street, Liberty Church Road, AP 50-2-9, Dated: September 21, 2022.
His memo included the following: The Proposal Overview, Analysis, Preliminary submission/Response to Preapplication Comments which included the following, along with Freeman’s responses:
1. Add markers in the field that delineate the 100’ “no cut” setback to safeguard against future tree removal. (Patrick Freeman (PF): A 100’ Wide “no cut buffer” along the frontage of the proposed parcel has been added to the site plan.)
2. The proposed site plan includes the construction of a 3-bedroom dwelling which will require OWTS approval prior to Final. (PF: Soil evaluations were performed in accordance with the requirements of the Town’s checklist.)
3. Potable well shall be a condition of approval. (PF: The proposed well location is indicated on the site plans. A potable well will be installed, and a satisfactory yield will be obtained, prior to the issuance of a building permit.)
4. (PF: The proposed Rain Garden location and sizing have been provided on the plans.)
5. Final agreed upon location of the driveway opening shall be depicted on the Final site plan. (PF: An appointment has been sought with the director of public works. The director will have input in the location of the proposed driveway.)
6. (PF: An updated tax collector verification form has been included in the submission).
7. The town currently has a Growth Management Ordinance in effect which may impact the ability to obtain building permits for lots shown on this plan. This must be included on the record plan that will be endorsed and recorded with the clerk. (PF: Noted on sheet one.)
8. (PF: Monumentation has been set on the corners of the proposed Parcel ‘A’).
9. 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 50-2-9 that would prohibit the creation of a new lot for development. Add note on the plan referencing the restriction. (PF: A letter to this effect has been included in the submission.)
10. Any additional information deemed necessary by the administrative officer necessary to process the Final application.
11. Submit a table and checklist that reports how and where on the site plans these requirements were addressed. (PF: Narrative presented that serves this purpose.)
12. Approval shall be contingent upon receiving all pertinent federal, state and local permits prior to the issuance of a building permit. (PF: State Permits will be provided prior to application for a building permit.)
Planner DePasquale requested that the final plan revisit the driveway design to prevent an uninterrupted view from Liberty Church Road to the dwelling. He noted that by adding a slight curvature to the driveway may achieve that goal. He also recommended that the final plan should extend the silt fence around the southwest side of the driveway apron (closest to the house) and possibly extend the entire length of the driveway.
In his recommendations he stated that the applicant in their preliminary application had responded satisfactorily to all preapplication comments outlined in his memorandum as noted in Section III, “Preliminary submission/Response to Preapplication Comments. That the proposed two lot minor subdivision located on an improved Town Road complies with the checklist items contained in the Exeter Rhode Island Land Development Regulations as well as the minimum zoning regulations contained in the Town’s Zoning Ordinance and as such, he recommended that the Planning Board grant preliminary approval with conditions. The Planner included thirteen conditions that are noted in his September 21, 2022 Planning Memorandum on Pages 5 and 6.
Chairman Millar asked if there were any comments or questions from the Board?
Board member Michael Viveiros asked a question regarding the utility lines. He asked if the utility company would allow a cut like this with no connection to the driveway for maintenance? Would there likely be a pole set someplace along this line in order to maintain the service? Patrick Freeman stated that he would have to defer to the utility company and he would have to check. He did suggest adding another pole on Liberty Church adjacent to the driveway. Mr. Viveiros felt this would be preferable. Chairman Millar, agreeing with Michael, and suggested making this a condition of their approval. Making the utility connection follow the driveway. This would be to the applicant’s advantage. Richard Marcello, the contractor for the Reppe’s, stated that his intentions would be for the utilities to follow the driveway and will recommend that to the utilities. He also noted that the driveway is cured a bit on the site plan already. The Board would like to see it curved a little bit more.
Donna Di Donato asked to revisit the Planner’s memo, specifically #8 on Page 5. She asked that the landowner be named so there would not be any question of ownership on Parcel B.
Mr. Marcello also wanted to review #10 on Page 5 of the Planner’s memorandum. The Planner responded to the question and clarified Mr. Marcello’s concern.
Michael DeFrancesco questioned on Drawing #2, that included two legends, stating that one is redundant. He also reviewed elevation numbers and Patrick Freeman indicated he would correct the numbers.
Patrick Freeman felt that the Planner’s request for extending the silt fence was not necessary since the area in question is all up gradient of the land disturbance. Mr. DePasquale noted that once construction starts this upland can become disturbed.
Chairman Scott Millar made a motion to approve the Preliminary Plan with the following conditions listed in the Town Planner’s memo dated September 21, 2022 on page 5, #1-13, as well as the Land Development Regulations, section 3.5, required findings on pages 5-6. Amending condition #8 on page 5 to read instead of “landowner” to read parcel B to construct not more than an additional four (4) lots; as well as adding the utility line should follow the driveway (not bisecting the property as currently shown). Gina Thurn seconded the motion. Vote was all in favor to approve (Millar, DeFrancesco, Haas, Thurn, St. Lawrence). The motion passed.
A. Zoning Board of Review: October 13, 2022
Planning Board Clerk M. Dixie Foisy stated that there was only one item on the upcoming agenda, an application for a detached garage and gym on Kingston Road.
B. Approval of Minutes: August 23, 2022
Chairman Millar entertained a motion to approve the August 23, 2022. Bill Haas made a motion and it was seconded by Michael DeFrancesco, a vote was taken, all in favor, 5-0.
The August 23, 2022 minutes were approved.
C. Invoice Approval: Esquire Deposition Solutions was approved for payment.
D. Future Meeting: Tuesday, October 11, 2022 CPAC Meeting and Planning Board Work Session
Motion by William Haas to adjourn, seconded by Joe St. Lawrence; voted all in favor. Motion passed. Chairman Scott Millar adjourned the meeting at 8:45 p.m.
Respectfully submitted,
Rebecca Lukowicz and
M. Dixie Foisy
Planning Board Clerk