I.                CALL TO ORDER:

Chair Scott Millar called the meeting to order at 6:42 p.m.

II.              PUBLIC COMMENT:

None

III.            NEW BUSINESS:

A.    Discussion and/or Possible Action: Amend the Planning Board Application deadlines to comply with new state law RIGL § 45-23-53 effective 6/24/2023- (subdivisions) “Changes the notice requirements for public hearings on Comprehensive Plan amendments, major land development projects, amendments to the subdivision regulations.”

Chair Scott Millar introduced this item and thanked the Town Planner for the good work he did on this.

Bill DePasquale thanked the Chair and stated that as we move forward, we may see several of these memos on the agendas.  The Planner referenced the RIGL 45-23-53 which is a new public law that went into effect as of July 1, 2023, which adds to the heading “local regulations-public hearing and notice requirements” that reads as follows: the same notice shall be posted in town or city clerk’s office and one other municipal building as well as on the municipal home website at least 14 days prior to the hearing date. Mr. DePasquale shared that this is okay to match the January 1^st new legislation, where they re-define the major and minor subdivision projects.  However, today that provision is not in place.  The local provision that is in place, which follows State law, states a Major Land Development (when it comes to the Planning Board is a Master Plan) requires a Public Informational Meeting/Public Hearing and that requires 7 days’ notice.

In order to reconcile these dates, the Planner proposed to revise the application deadline dates for the remainder of 2023 as referenced in his memo dated 7/11/2023.  Mr. DePasquale explained that most applicants think once their applications are submitted to the Planning Department, they are automatically placed on the next meeting agenda, however, the Planner has 25-days to review applications to certify for completeness, from the date they are submitted   He also noted, as of January 2024, the regulations for major land development and subdivisions will change again, but we will be on track for this notice requirement change to 14-days.  The Planner offered the proposed changes to the 2023 submission deadline schedule outlined in his memorandum dated 7/11/2023 and asked for the Board to vote to amend.

Chair Scott Millar asked the Board for any discussion.  

Michael DeFrancesco asked to clarify the dates listed within the Planner’s memo and questioned if these dates allow him enough time?  Discussion ensued.

Michael DeFrancesco made a motion to accept the term and dates proposed in Bill DePasquale’s memo dated July 11, 2023, noting that they may revisit in the near future.  Joe St. Lawrence seconded the motion.  The vote was taken and was all in favor.  (S. Millar, M. DeFrancesco, W. Haas, G. Thurn, J. St. Lawrence). The motion passed.

B.    State law amendments to R.I. Gen. Laws § 45-24-46.1 entitled “Inclusionary Zoning” effective January 1, 2024 require amendments to the Exeter, Rhode Island Zoning Ordinance - Code of Ordinances APPENDIX A - ZONING ARTICLE IX. AFFORDABLE HOUSING Sec. 9.4. – entitled “Inclusionary Zoning.” 

1.      Action:  Discussion and vote will be taken on a recommendation to the Town Council to remove the optional Inclusionary Zoning Provision contained within Exeter, Rhode Island - Code of Ordinances APPENDIX A - ZONING ARTICLE IX. AFFORDABLE HOUSING Sec. 9.4. - Inclusionary Zoning.

Bill DePasquale reviewed pages 3 & 4 of his memo dates 8/11/2023 and distributed the up-to-date chart showing the LMI (low or moderate income) housing for Exeter currently at 10%, which includes group homes. Mr. DePasquale reviewed the State of Rhode Island Law 45-24-46.2 regarding Inclusionary Zoning regulations with the Board. (Exeter’s Code of Ordinances Appendix A—Zoning Article IX, Affordable Housing Sec. 9.4—Inclusionary Zoning). He indicated that the legislation increased the minimum percentage of low to moderate income housing units required in every development to 25 percent and allows the developer to add two more market-rate units for each low to moderate income units provided.

Planner DePasquale stated that out of an abundance of caution he was seeking a Planning Board recommendation to the Town Council recommending the elimination of the optional Sec. 9.4 --“Inclusionary Zoning” provision contained within the Exeter, Rhode Island Code of Ordinances APPENDIX A—ZONING ARTICLE IX. Entitled AFFORDABLE HOUSING.

The Planner noted that an outside attorney, Karen Ellsworth, Town Solicitor for Richmond, is reviewing this section and if a satisfactory alternative is available, modification to this action may be considered. However, as mentioned above the state statute provides a municipality only four months to draft, review and approve amendments through the public hearing process and to protect the Town from unforeseen consequences the above said action was offered.

He offered that this action would allow the town to “digest” the new sate law providing time for evaluation of the provision’s effectiveness in meeting its desired outcome in a balanced way.  The objective is LMI not to build market rate.

Discussion ensued around this topic from the Board. Chairman Millar noted that Exeter is the only rural or suburban community that meets the 10% LMI.

Motion made by Chair Scott Millar to accept the Town Planner’s memo to the Planning Board dated August 11, 2023 – to repeal Inclusionary Zoning for the reasons stated; Michael DeFrancesco seconded.  The vote was taken, all in favor (S. Millar, M. DeFrancesco, W. Haas, G. Thurn, J. St. Lawrence).  The motion passed unanimously.

IV.            ADMINISTRATIVE:

A.    Zoning Board of Review:  No applications for September; (3) applications for October (Kendrick’s Auto Storage, Shed and Pool).

B.    Planner’s Report: Discussion on Comprehensive Plan progress and next steps.

Planner DePasquale began to give an update on the Comprehensive Plan’s progress. He noted that legislative changes from the State have delayed the plan’s progress a bit. Housing edits have been made.

The Planner referenced the next steps of the draft ordinance for the site readiness grant which has taken up a lot of their time, (the 5–6-year-old grant for $50,000) has been submitted by Ms. Brown for the first review.  A market assessment has been done and we are in contact with Rhode Island Commerce with some leads on logistics and warehouses. The next stage of the grant is the actual ordinance that floats over the corner on Rt. 102 that could be a great location for low and moderate homes.

On the Comprehensive side, we should have a full draft of the plan in September with an expected mailing of a survey to all residents in the second half of September.

Chairman Millar indicated that many members of the CPAC committee have dropped out because they did not like the format of the meetings. Mr. Millar asked that before any mailing takes place, he would like the full draft to be reviewed by the members of the Planning Board and the CPAC committee members.

Chairman Millar asked if the Board wanted to have one meeting (workshop) to review and finalize their comments regarding the Comprehensive Plan. A Planning Board Work Session was scheduled for September 12, 2023 to review the status of the Comprehensive Plan Elements. Those Elements, with preliminary approval by the Board, will be sent on to Statewide Planning.

Chairman Millar asked about whether Statewide Planning was in the loop with regards to the Comprehensive Plan? Mr. DePasquale replied that he has been in contact with Statewide Planning for the past three months. Scott Millar asked to have the full draft of the Comprehensive Plan to Statewide Planning now. The Planner stated that he is hesitant to send a draft Plan without the blessing of the Planning Board. He asked Mr. Millar to send those Elements to him that the Board is comfortable sending on to Statewide Planning.

Planner DePasquale continued with his timeline with regards to the Comprehensive Plan and his ongoing work regarding the Ladd Center and the Center’s RFP which also goes along with completing the Comprehensive Plan. Discussion ensued around the possible uses at Ladd.

The Planner has met with the Town Council, the Department of Health and DEM after PFAS chemicals (also known as “forever chemicals”) were found at the Ladd Center. He noted that the Department of Health will be issuing letters within a mile of the contaminated well and that water testing will be done. He noted that the Town has to find out where the PFAS chemicals are coming from in order to shut down the source. DEM has indicated that they are on the enforcement part of this issue. There was a question that the source could be from firefighting foam, still to be determined.

Planner DePasquale went on to update the Board on receiving final for Ten Rod Road Solar. Solicitor Sypole recommended cash in a Town controlled bank account going forward.

C.    Communications: Letter from Town Clerk regarding Revisions to Land Use Ordinance and Regulations.

D.    Future Meetings: Tuesday, September 12, 2023 – Planning Board Work Session

V.              ADJOURNMENT:

Motion to adjourn was made by Bill Haas, seconded by Joe St. Lawrence; voted all in favor.  MOTION PASSED.   The meeting adjourned at 8:26 p.m.

Respectfully submitted,  

M. Dixie Foisy

Planning Board Clerk