REGULAR MEETING

Members present: Michael DeFrancesco, William Haas, Joe St. Lawrence, Michael Viveiros and Donna Di Donato

Members Absent: Scott Millar, Gina Thurn

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

Olivia DeFrancesco, Council Liaison

I. CALL TO ORDER:

Acting Chair Michael DeFrancesco called the meeting to order at 6:30 p.m.

II. PUBLIC COMMENT:

None

III. NEW BUSINESS:

Acting Chair Michael DeFrancesco asked for a motion to hear the agenda out of order and begin the meeting with NEW BUSINESS (C). Bill Haas made the motion to begin the meeting with NEW BUSINESS (C); seconded by Joe St. Lawrence, hearing no discussion, the motion passed. (Michael DeFrancesco, William Haas, Joe St. Lawrence, Michael Viveiros and Donna Di Donato).

C. Request for extension – Master Plan - Major Land Development to construct a 6.6±MW Utility Scale Solar Development: (This Project is vested under a former Zoning Ordinance Article XI “Renewable Energy” dated July 16, 2018; the Planning Board issued a Master Plan approval on January 22, 2019). Renew Solar RI Exeter Mail, LLC Applicant, and Rina Stamas, Trustee, Owner of property located at 148 Mail Road, Exeter, RI; Zoned RU-4, and further designated as Assessor’s Plat 71, Block 4, Lot 14.

Acting Chair Michael DeFrancesco recognized Kelley Morris Salvatore, Esq., who was representing her client, Renew Solar RI Exeter Mail, LLC. Ms. Morris Salvatore, addressing the Board, noted that their Master Plan approval expired as of this date (February 28, 2023) and that the Planning Board’s timeline to make a decision also expired on the 28^th of February. Ms. Morris Salvatore was requesting a “good cause extension.”

A motion was made by Bill Haas to extend Renew Solar RI Exeter Mail, LLC’s Master Plan approval to March 28, 2023; seconded by Joe St. Lawrence. The vote was all in favor, the motion passed. (Michael DeFrancesco, William Haas, Joe St. Lawrence, Michael Viveiros and Donna Di Donato).

Town Planner William DePasquale recommended that the “good cause extension” be given additional time. Following a discussion, it was decided to continue the extension until August 30, 2023.

Mr. DeFrancesco asked for a motion to extend the Master Plan approval to August 30, 2023. William Haas made the motion to extend the approval until August 30, 2023; seconded by Joe St. Lawrence. The vote was all in favor and the motion passed. (Michael DeFrancesco, William Haas, Joe St. Lawrence, Michael Viveiros and Donna Di Donato).

IV. OLD BUSINESS:

A. PUBLIC HEARING CONTINUED: Preliminary Plan-Major Land Development to construct a 6.6±MW Utility Scale Solar Development: (This Project is vested under a former Zoning Ordinance Article XI “Renewable Energy” dated July 16, 2018; the Planning Board issued a Master Plan approval on January 22, 2019). Renew Solar RI Exeter Mail, LLC Applicant, and Rina Stamas, Trustee, Owner of property located at 148 Mail Road, Exeter, RI; Zoned RU-4, and further designated as Assessor’s Plat 71, Block 4, Lot 14; including a waiver of the requirement to obtain all state permits prior to the preliminary plan review, a RIDEM Insignificant Alteration Permit and RIPDES General Permit for Stormwater Discharge During Construction Activity are required and currently under review by the RI Department of Environmental Management.

Acting Chair Michael DeFrancesco resumed the Public Hearing for Renew Solar RI Exeter Mail, LLC. He recognized Kelley Morris Salvatore, Esq., representing the applicant. She indicated that Jason Gold, Registered Civil Engineer for TRC and Project Engineer, and Melissa Burrell, a representative of Nautilus Solar was also present. She asked Jason Gold to update the Board. He noted that the major changes in the plans were with regards to the placement of the poles and that they have been pushed back, now instead of 50’ spacing between the poles it will now be 40’ between each. The pole closest to the road has also been moved back, now just about 50’ from the road. They have also added a second catch basin close to the road.

Acting Chair DeFrancesco recognized Town Planner William D. Pasquale who reviewed his Memorandum: Mail Road Solar (Vested) – Major Land Development Project Preliminary Plan – Public Hearing; 6.6+ megawatt (MW) ground mounted solar photovoltaic array; Dated: February 22, 2023 (Continued public hearing from January 24, 2023) Planning Board Hearing Date: February 28, 2023. Mr. DePasquale reviewed the current status of the outstanding items that pertained to this application. He summarized each of the seven (7) conditions of approval and informed the Board of their standing. (Pages 2 &3)

Discussion ensued with regards to issuing a “waiver.” It was concluded that going forward the Board could issue a conditional approval of the plans, subject to the applicant providing future proof of having received all the required state permits. When the permits are received, they would be handled administratively through Town Planner DePasquale.

Mr. DePasquale reviewed landscaping surety concerns; construction inspection/third party peer review; construction public safety access/egress; requiring a signed notarized agreement between the applicant and Fire Chief; Peer review by Crossman Engineering; decommissioning agreement with a surety bond approved by the Solicitor’s office.

Acting Chair DeFrancesco felt that there were still a number of items that needed to be addressed, noting (From the Planner’s Memorandum: #7 Pg2; P1, P4, P6, P7 and P9) and recommended that the hearing should be continued for another month, possibly two months. He then asked for comments from the Board.

Michael Viveiros felt that someone should be available, on a regular basis, to review the work on site at different intervals in order to check that the work conforms with the construction documents. Jason Gold agreed he would work with Crossman Engineering.

Acting Chair DeFrancesco asked if there were any comments from the public. Hearing none, Mr. DeFrancesco recommended continuing this applicant’s application to the Board’s next meeting.

Acting Chair Michael DeFrancesco asked for a motion. William Haas made a motion to continue the hearing as an open hearing until March 28, 2023; seconded by Joe St. Lawrence. Hearing no discussion, the vote was all in favor; the motion carried. (Michael DeFrancesco, William Haas, Joe St. Lawrence, Michael Viveiros, Donna Di Donato).

B. Renew Solar RI Exeter Ten, LLC Applicant, and James Marshall, Owner of property located at 590 Ten Rod Road, Exeter, RI; zoned RU-4, and further designated as Assessor’s Plat 37, Block 1, Lot 5; clarification of stipulations for Preliminary Record of Decision.

Acting Chair Michael DeFrancesco recognized Kelly Morris Salvatore, Esq., representing Renew Solar RI Exeter Ten, LLC. She reviewed Town Planner DePasquale’s Conditions of Approval (1-12,) which had been incorporated into their former decision. Working with a Draft Document the applicant hoped to clarify some of the stipulations.

Ms. Morris Salvatore reviewed the following 12 stipulations.

1. Final application shall include a follow up technical review memorandum from Crossman Engineering (Crossman Engineering performed the peer review for the drainage, soil erosion sediment control and stormwater management design) addressing the adequacy of the final design and modifications proposed by the applicant in response to the October 25, 2022 original Technical Review Memorandum from Crossman Engineering’s Chris Cabral, PE, to William DePasquale, AICP, Town Planner entitled “Exeter Solar.” Agreed.

2. The Town’s Engineer or Designee shall inspect the site, at the expense of the applicant and/or current owner, periodically during construction. Said inspection will include a review of any and all reports as required by the State of Rhode Island, Town of Exeter and the federal government. Agreed.

3. Provide written documentation that the Narragansett Indian Tribe have been notified of the proposed development on the subject property. PB has declined to remove this condition.

4. Petitioner shall fund an allowance of 7 plantings per 100 linear feet of property rear lot boundary line per plant to the following eight (8) abutting properties (*abutters below) to supplement screening/landscaping on the abutters private property in a manner determined by the property owner. The applicant shall reasonably work with the eight (8) abutting property owners listed below to fund additional screening in the case of a particularly unusual circumstance. The allowance shall be made to the eight (8) abutting property owners shall be made prior to the issuance of a certificate of occupancy. Agreed.

*Abutters AP Block Lot

1 37 1 7

2 37 1 6

3 37 5 3

4 37 5 4

5 37 5 5

6 37 5 6

7 37 5 14

8 37 5 15

5. Landscaping screening and habitat modifications submitted at the November 22, 2022 public hearing shall be presented in the Final Application and noted on the Final Plan. Agreed.

6. The Final driveway gate redesign shall be subject to approval by the Town Planner. Agreed.

7. The Final Application shall include the revised redesign of the driveway entrance and RIDEM approval for this modification. It was agreed that the applicant will work in good faith to submit a revised plan to RIDEM for the revisions as shown on the plan.

Ms. Morris Salvatore indicated that this was not made a condition of approval and was not in Bill’s memorandum. That in their presentation to the Board they stated that they would seek review and approval of RIDEM for the revisions to the driveway entrance, but that we could not guarantee approval. That they would certainly work in good faith to get a revised plan approved by RIDEM, but this was not made a condition of approval in the record.

8. Final plan shall specify in greater detail the “Community Solar Discount Program (10 percent discount for 34 years)” afforded to “abutting” residents particularly describing program eligibility by plat, lot and block as well as detail by what means notification will be completed and provide scheduling for application to the program. Agreed.

9. Final plan shall be subject to the petitioner posting with the Town of Exeter cash surety in the amount equal to 20 percent of the cost of the landscaping and screening for the entire project for a period of five (5) years. The surety would guarantee the replacement of dead/dying trees and vegetation planted as part of the submitted and approved landscape plan and to infill areas that in the field are determined to be substantially void of screening permitting direct view of the solar panels.

Discussion ensued around the contributions to the neighbors and the “infill” areas surrounding the solar facility. The one-time contribution to the neighbors (proposed $85K+) will be used by the residents to landscaped their boarders with the solar facility as they see fit.

The additional dollar request for landscape surety would be for 590 Ten Rod Road including along the driveway. It was agreed that Ms. Morris Salvatore and Town Planner DePasquale would do a rewrite and come to a reasonable agreement between both parties.

10. Per the Exeter Zoning Ordinance ARTICLE XI. – RENEWABLE ENERGY (10) entitled financial surety. The petitioner prior to the issuance of a building permit shall post with the Town of Exeter cash surety to cover 125 percent of the cost of decommissioning cost the surety shall be automatically renewed annually for 35 years.

Ms. Morris Salvatore indicated that although this provision was not in the 2018 Ordinance to which the Applicant is subject, they agreed to post a surety bond, that will not expire, that the solicitor will review each year and be good for 35 years. That before Final they will present a surety agreement that the solicitor will agree to.

11. The Town Constable shall be consulted as to the required details needed during construction to prevent traffic backups and secure public safety on Ten Rod Road while heavy equipment/dumps are travelling to and from the site. The applicant will work with the Town Planner to determine peak hours and will cover any costs. Agreed.

12. Any and all information the Administrative Officer deems necessary to process the Final Plans. This stipulation was removed from the requirements.

It was agreed that the final plans would be handled by the Administrative Officer together with the applicant. Thirty days was agreed to for the Administrative Officer to issue the final record of decision (ROD).

V. NEW BUSINESS:

A. Development Plan Review: Oak Harbor Village LLC, Applicant and Owner of property located at 567 South County Trail, Exeter, RI; Zoned Business, and further designated as Assessor’s Plat 71, Block 4, Lot 1; proposing to modify their existing entrance configuration.

Acting Chair Michael DeFrancesco introduced this application. Nick Scola and Stephen St. Germain were both present on behalf of this application. Mr. St. Germain reviewed their new plan, through American Engineering, for the proposed changes to the island at the Main Entrance.

Town Planner William DePasquale reviewed his Planning Memorandum: Preliminary DPR – Oak Harbor Village LLC (Island); Zone B, AP 71, B4, Lot 1; 567 South County Trail, Exeter, RI; Dated: February 23, 2023.

In the Planner’s memorandum its noted that the applicant’s request is for the removal of the existing landscaped island located in the center of the main entrance to the development. Their application is to replace the island with pavement to allow for better circulation of vehicles within the development.

The Planner recommended favorably as to the removal of the existing median in favor of a painted island with the caveat that the Town be provided with a more detailed replanting plan greater than which is currently noted on the plan set, submitted with their application. He also noted that he would not object to this information being provided as part of an “in house” final being approved by the Administrative Officer.

Acting Chair DeFrancesco asked for comments from the Board. Michael Viveiros suggested using “epoxy” instead of paint. Donna Di Donato questioned the purpose of the “painted” island. Bill DePasquale explained that this requirement came from a design manual for traffic control.

Acting Chair DeFrancesco entertained a motion to approve the applicant’s plans, as submitted, with final approvals made by the Administrative Officer. William Haas made the motion; seconded by Joe St. Lawrence. Vote was all in favor; the motion was approved. (Michael DeFrancesco, William Haas, Joe St. Lawrence, Michael Viveiros, Donna Di Donato).

B. Preliminary Minor-Subdivision: Darren Tourgee, Applicant and Richard Sadler, Owner of property located at 725 Ten Rod Road, Exeter, RI; Zoned RU-3 and further designated as Assessor’s Plat 23, Block 2, Lot 6; a request for a proposed minor three-lot subdivision, on an existing roadway.

Acting Chair Michael DeFrancesco introduced this application and recognized Darren Tourgee who was present on behalf of this application. (Carl Tourgee was also present). This preliminary application is for a minor three lot subdivision located on an existing public street, Ten Rod Road. The instant proposal seeks to create three lots from two existing lots containing two dwellings 725 Ten Road and 729 Ten Rod Road.

The “Tourgee Plat” proposes to change the dimensions of said lots 5 and 6 and to also create a new parcel of land. The new parcel of land is designated as “Record Lot 3” on the proposed plan which contains 16.32 acres of land. The remaining Lot 5 which is designated as “Record Lot 1” on said plat will contain 7.26 acres of land and the remaining Lot 6 which is designated as “Record Lot 2” will contain 3.00 acres of land.

Town Planner William DePasquale was recognized. He reviewed his Planning Memorandum: Preliminary Minor Subdivision (3 Lots); AP 23 B 2 L5 and 6 – Tourgee; Dated: February 23, 2023.

In his memorandum he covered the properties facts; the applicant’s proposal; comments and concerns raised at preliminary (P3) Winged Lot 3 configuration (P3) and preliminary submissions to date. Mr. DePasquale then reviewed his recommendations and required outstanding information:

1. Add soils map to the plan set.

2. RIDEM OWTS system suitability 725 Ten Rod Road. Note: This item was removed having received a letter of conformance on725 Ten Rod Road.

3. The applicant shall submit an updated tax collector verification form before final approval.

4. Add language to the site plan: “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.”

5. Provide monumentation set at every corner of the three (3) proposed lots including but not limited to the intersection of the new lot line between Record Lots 1, 2 and 3 and along any “new lot line.”

6. Provide additional monumentation between Record Lot 2 and Lot 3. (This is important because to the naked eye the stone wall that runs east to west along the property line of Record Lot 2 and 3 appears to be the boundary line when in fact the new property line is 72 feet to the north. This “new lot line” record (separating Lot 2 and 3) requires additional monumentation.) A preferred alternative is relocating the stone wall that runs east to west along the property line of Record Lot 2 and 3 to the new property line.

7. Any additional information deemed necessary by the Administrative Officer necessary to process the preliminary application.

8. Submit a table and checklist that reports how and where on the site plans these requirements were addressed.

9. Shall be contingent upon receiving all pertinent federal, state, and local permits prior to the issuance of a building permit.

Finally in the Planner’s memorandum he included the seventeen (17) Land Development Regulations Sec. 3.4. Required Findings (conditional) Pages 5-7.

Acting Chair DeFrancesco recommended that they return next month to the Planning Boards regular meeting and in the meantime submit any outstanding items to the Town Planner. Acting Chair Michael DeFrancesco made a motion to conditionally approve this application, subject to the comments and requirements made in Town Planner DePasquale’s February 23, 2023 memorandum and the moving of the stone wall and to continue this application to the March 28, 2023 Planning Board meeting. Michael Viveiros seconded the motion; with no further discussion, a vote was taken and was all in favor. The motion was approved. (Michael DeFrancesco, William Haas, Joe St. Lawrence, Michael Viveiros, Donna Di Donato).

VI. ADMINISTRATIVE:

A. Zoning Board of Review: March 9, 2023 - No Applications

B. Approval of Minutes: January 24, 2023

Acting Chair DeFrancesco entertained a motion to accept the minutes of January 24, 2023 as submitted. Michael Viveiros made the motion and Joe St. Lawrence seconded the motion, a vote was taken, 5-0. The January 24, 2023 minutes were approved.

Approval of Minutes: January 31, 2023

Acting Chair DeFrancesco entertained a motion to accept the minutes of January 31, 2023 as submitted. William Haas made the motion and Joe St. Lawrence seconded the motion, a vote was taken, 5-0. The January 31, 2023 minutes were approved.

C. Future Meetings: Next Planning Board on Tuesday, March 14, 2023

VII. ADJOURNMENT:

Motion to adjourn made by Bill Haas, seconded by Joe St. Lawrence; voted all in favor. MOTION PASSED. The meeting adjourned at 8:16 p.m.

Respectfully submitted,

Rebecca Lukowicz

M. Dixie Foisy

Planning Board Clerk