Town of Exeter, Rhode Island
PLANNING BOARD
675 Ten Rod Road
Exeter, R.I. 02822
401-294-2612
401-294-2592
April 25, 2023
Minutes Approved: May 23, 2023
REGULAR MEETING
Members present: Scott Millar, Michael DeFrancesco, William Haas, Gina Thurn, Joe St. Lawrence, Michael Viveiros and Donna Di Donato
Members Absent: None
Staff present: Stephen Sypole, Solicitor, William DePasquale, Planner and Dixie Foisy, Clerk
Olivia DeFrancesco, Council Liaison
Chair Scott Millar called the meeting to order at 6:30 p.m.
None
Chairman Millar asked Town Planner William DePasquale to walk them through this application request. Planner DePasquale reviewed his Planning Memorandum: Preliminary Minor Subdivision (3 Lots); AP 23 B 2 L5 and 6 – Tourgee; Dated: April 17, 2023. He reviewed the following dates: Preapplication: August 23, 2022; Preliminary: February 28, 2023 matter continued; Preliminary CNTD: April 25, 2023. He noted that the preliminary application is for a minor three lot subdivision located on an existing public street know as Ten Rod Road. In particular the proposal seeks to create three lots from two existing lots that already include two single family dwellings with addresses of 725 Ten Rod Road and 729 Ten Rod Road.
Planner DePasquale reviewed the facts associated with this request and noted that the new parcel of land designated as “Record Lot 3” on the applicant’s proposed plan would contain 16.32 acres of land while lots 5 and 6 will change in their dimensions and area. Lot 5 which is designated as “Record Lot 1” will contain 7.26 acres of land and the remaining lot 6 which is designated as “Record Lot 2” will contain 3 acres of land.
He went on to review the Board’s recommendations/requested additional information and any outstanding items. The Planner reviewed with the Board the information that was provided to the Town after the matter was continued from the previous Planning Board’s February 28, 2023 meeting. Nine items were reviewed and each of the nine were completed as required. There was one stipulation for the applicant to consider relocating the stone wall the runs east to west along the property line of Record Lot 2 and 3 to the new property line.
Included in the Planner’s memorandum he reviewed Waivers: Record Lot 1 and 2 have preexisting structures on the lot and Lot 3 is an irregular shape. He followed with his Required Findings, of which there were 17, found in their entirety on Pages 5-7 of the Planner’s April 17, 2023 Planning Memorandum. He concluded that his recommendation is to support the preliminary approval and move this application to final, which would be through inhouse final.
Chairman Millar asked if the applicant or the Board members had any questions or comments. Board member Michael DeFrancesco had concerns regarding the drawing and would like to see some consistencies with regards to the dates. He would like to have the surveyor show an updated date on the drawing showing that it complies with all the additional comments. Dates will be updated.
Chairman Millar asked for a motion to approve the preliminary plan. William Haas made the motion to approve the preliminary application according to the Planner’s memorandum, dated April 17, 2023; seconded by Joe St. Lawrence. All in favor, the motion passed 5-0. (Scott Millar, Michael DeFrancesco, William Haas, Gina Thurn, Joe St. Lawrence).
Chairman Millar introduced the Preliminary Minor-Subdivision request of David Graziano, applicant and owner of the property located at 309 Wolf Rock Road, Exeter. Chairman Millar then asked Town Planner William DePasquale to review his Planning Memorandum: Preliminary Minor Subdivision (3 LOTS); AP 79 B 2 L5—Graziano/Wolf Rock; Dated: April 18, 2023. He then reviewed the following dates: Preapplication: January 31, 2023; Preliminary: April 25, 2023.
Mr. DePasquale in his memorandum under the heading Proposal he noted that the subject lot is split zoned majority is RE-2 to the east and B to the west. The instant petition seeks to subdivide this one lot into three separate record lots.
The proposed Record Lot 1 would be 4 acres in a zoned business and include the existing single-family dwelling listed as 309 Wolf Rock Road; Record Lot 2 would be 2.01 acres in area zoned (majority) RE-2 and include the existing single-family dwelling listed as 301 Wolf Rock Road; and Record Lot 3 would be a new lot for development that is 21.73 acres in area zoned (majority) RE-2.
The Planner noted that although no Waivers have been sought, he noted Record Lot 1 and 2 have preexisting single family structures on the lot; Lot 2—Irregular Shape LDR Sec. 7.2.-C (2).
In his April 18th memorandum he noted the following concerns (Page 3):
· An outmoded OWTS service for house 301 Wolf Rock Road located on record lot 2 as
the OWTS serving this property is nearing its life expectancy.
· A method to ensure additional subdivision on Record Lot 3 does not involve an over intensification of use through the business portion of the zoning district located on the new Record Lot 3.
· Record Lot 3 plan update building envelope and site evaluation/test pits
· Irregular shape Lot 2- LDR Sec. 7.2-C (2).
· Require no cut buffer on Lot 3 along frontage along Wolf Rock Road.
Mr. DePasquale included in his memo, a checklist of nine required submissions (Page 3-4). His recommendation stated that the application would create a three-lot subdivision on an improved Town Road and united with conditions and additional information would generally comply with the Exeter RI Land Development Regulations as well as the minimum zoning regulations contained in the Town’s Zoning Ordinance. The post condition would remedy the existing nonconformance of town houses on one lot and as proposed would be generally consistent with the comprehensive plan but with a careful awareness that measured restraints should be implemented regarding the future development of Record Lot 3.
He then recommended that the Planning Board grant conditional preliminary approval with eight conditions:
1. Submit all the information contained in Checklist 1 included in his memorandum.
2. Subject to the applicant obtaining a PAP from the director of public works for Record Lot (3).
3. Prior to recording of the final plan provide evidence to the Town Planner that all the monumentation has been set per the approved final plan.
4. Any further subdivision of Record Lot 3 shall require planning board approval and shall be limited to used allowed with the RE-2 zoning district which is the majority zoning for the new Record Lot 3.
5. The OWTS on Record Lot 3, 301 Wolf Rock Road, shall be replaced upon sale of the property or earlier if required by RIDEM,
6. Any additional information deemed necessary by the administrative officer necessary to process the final application.
7. Issuance of a building permit shall be contingent upon receiving all pertinent federal, state and local permits.
8. Final Plan shall be processed by the administrative officer to the planning board.
Mr. DePasquale then included 20 Required Findings—Land Development Regulations Sec. 3.5 (Pages 5-7) of his April 18, 2023 memorandum.
Chairman Millar asked if the applicant had anything to add? Nicholas Solitro of Robert Craven Associates, was recognized for the applicant and noted that the Planner had done an absolutely excellent job outlining all the materials. Chairman Millar asked if the Board had any questions regarding this application.
Michael DeFrancesco questioned the zig zag property line? Property owner David Graziano and Attorney Nicholas Solitro reviewed the site plan and indicated that the building envelope required
minimum setbacks and changes would then require a wavier changing the project to a major.
Chairman Millar made a motion to grant the preliminary approval based on the Planner’s memorandum of April 18, 2023. The approval was seconded by William Haas. All in favor, the motion passed 5-0. (Scott Millar, Michael DeFrancesco, William Haas, Gina Thurn, Joe St. Lawrence).
Chairman Millar introduced the “DRAFT Budget” and asked Planner DePasquale to discuss.
Mr. DePasquale stated that they are going to need help with rewriting the Land Development and Zoning regulations. He questioned whether there would be monies coming back to the town from the legislature, but that the town needed to start planning for additional monies to hire a third-party consultant to help with rewriting the new regulations.
The Planner noted that the good news was that they have received $44,000 to date from marijuana sales. He asked the Planning Board Chair to include $35,000 in the upcoming budget for the rewriting of the new zoning ordinances. The income they projected was $7,000 and he noted that they are currently at $14,000, succeeding their income. On the general ledger side, the Planning Board budget was $5,000 and spent $1,317.51. The Town Planner’s budget was $1,800/$353 spent.
A suggestion, working with the Town Council/Finance Director, would be to add to the Capital infrastructure, changing the Comprehensive Plan to the Comprehensive Plan and Ordinances (Zoning/Land Development) Updated Plans. Each year funding the Capital Budget an additional $5,000. The monies would then be used for any of the three items listed above.
Olivia DeFrancesco commented that the Council has had their first budget meeting with the $35,000 introduced and no one battered an eye. She feels confident that the money will be added to the Planning Board’s budget. Mr. DeFrancesco noted that the budget would also come before the Financial Town Meeting and recommended everyone clear their calendars in order to attend.
Olivia DeFrancesco was acknowledged for her commitment to the Planning Board, attending all of the planning board meetings, including the Comprehensive Plan meetings.
Gina Thurn noted that if the monies are put into the Capital Improvement budget, they would be able to carry the remaining monies over into the next year.
Donna Di Donato asked about the Planning Board’s “support staff” being compensated and asked for an increase in pay for the staff. It was noted that final decisions are left to the Town Council. Chairman Millar stated that he would certainly support a salary increase. Olivia DeFrancesco stated that the Council has agreed to a three percent raise for all. Discussion continued.
Clerk Foisy asked about having the ability to increase fees for both Planning and Zoning. Solicitor Sypole and Planner DePasquale indicated there is a limit to how much you can increase fees, that they are based on the cost of processing the requests. The fees have to have a reasonable relationship to the cost of processing the application. Discussion continued around Impact Fees and also increasing application fees. Town Planner suggested reviewing what other local communities are fees for their services.
Michael DeFrancesco noted that changes are expected from the legislature by June 30; and the Town’s financial town meeting is slated for June 13 and felt that if they don’t complete some of the town’s necessary changes now that the state will make decisions for the Town. He also felt that not compensating our current staff in order to keep them would be a mistake.
Michael Viveiros asked about potential developments in town? Planner DePasquale noted that there are three potential solar projects; uptick in new generation people wanting to do some real estate planning on their lots; from the governor’s office putting money towards master planning for the Ladd Center. Joe St. Lawrence also noted that people in Town aren’t waiting to hold on to their land. Planner DePasquale explained that he and the Town Council President met with the Governor’s office regarding the Ladd Center property. Michael DeFrancesco noted that this should be noted in the Comprehensive Plan. That the Master Plan would be very important for this property; that it is a great place for affordable housing—the traffic, the water and the roads are already there. Chairman Millar thanked Planner DePasquale for his update on the Ladd Center.
Chairman Millar called for a motion on the budget. Michael DeFrancesco made the motion to approve the budget as submitted to the Town Council, Scott Millar seconded the motion. All in favor, the motion passed 5-0. (Scott Millar, Michael DeFrancesco, William Haas, Gina Thurn, Joe St. Lawrence).
Chairman Millar entertained a motion to accept the minutes of March 28, 2023 as submitted. William Haas made the motion and Joe St. Lawrence seconded the motion, a vote was taken, 5-0. The March 28, 2023 minutes were approved. (Scott Millar, Michael DeFrancesco, William Haas, Gina Thurn, Joe St. Lawrence, and Donna Di Donato).
Scott Millar suggested that Larissa spend less time on her slide presentations, allowing committee members more time to participate in the meetings.
Donna Di Donato asked to add an item to a future planning agenda. She stated that with regards to residential projects and the need to have cisterns in place. But because of the recent fire situation she would like to review existing developments and the need to add cisterns and with solar developments that they too should also have cisterns in place.
Scott Millar noted that Meghan Cotter, Exeter State Representative, will be bringing this subject to the attention of the Speaker to request additional dollars to assist with this need.
Motion to adjourn made by Bill Haas, seconded by Joe St. Lawrence; voted all in favor. MOTION PASSED. The meeting adjourned at 7:42 p.m.
Respectfully submitted,
Rebecca Lukowicz
M. Dixie Foisy
Planning Board Clerk