Town of Exeter, Rhode Island
PLANNING BOARD
675 Ten Rod Road
Exeter, R.I. 02822
401-294-2612
401-294-2592
Meeting Minutes
July 25, 2023
Minutes Approved: September 12, 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
Chair Scott Millar called the meeting to order at 6:37 p.m.
Greg Allen, 11 Raymond Potter Lane, Exeter, was recognized.
Mr. Allen congratulated the Board on the work that has been done at the Oak Harbor property.
He referenced apartments south of the Oak Harbor property and the new development in between these properties. He and others have concerns regarding one building that appears to be too close to Arrow Swamp and Chickasheen Brook that is still a source to native brook trout. He noted that everything has been cut down around the apartment buildings leaving nothing for new residents to enjoy.
Richard Marcello, developer/former owner of the property was recognized. Mr. Marcello indicated that his company had numerous studies done and completed many zoning and planning meetings regarding this property. He indicated that there is a buffer zone between Mr. Allen’s property and the apartments and along the rear of the property. He noted that the regulatory process in many cases requires cutting down many more trees than even he would like to see come down.
Chairman Millar entertained a motion from the Board to open the Public Hearing. A vote was taken; was all in favor, and the Public Hearing was open.
Chairman Millar then turned the meeting over to Town Planner William DePasquale to review his findings regarding this Master Plan—Major Land Development with Waivers requested. Mr. DePasquale referenced his July 17, 2023 Planning Memorandum: MASTER PLAN-MAJOR LAND DEVELOPMENT PROJECT-APPLICATION AP 20 B 4 L 17—Kendricks “New England Auto Chateau” Nooseneck Hill Road.
Mr. DePasquale stated that the instant petition is seeking Master Plan approval for a Major Land Development Project to construct a new 100’x60’ (6,000 sf.) building along with associated parking, new driveway access (curb cut), landscaping, utility connections, onsite wastewater treatment system (OWTS), well, and stormwater management system. The building would be used as a luxury car storage facility with a section of the inside building area dedicated to auto detailing. The layout plan indicates the proposed building would maintain access and egress to and from Nooseneck Hill Road the vacant lot being approximately 34,428 square feet in size and zoned light business/residential (LB/R). The applicant will be seeking variances from the Town of Exeter Zoning Board for:
· Minimum Front Yard Setback (Required = 100 feet, Provided = 66 feet)
· Minimum Side Yard Setback (Required = 30 feet, Provided = 21 feet)
· Special Use Permit Section 2.4.1.39 (Mixed Use Commercial Development)
This Public Informational hearing is being held to comply with the Exeter Land Development and Subdivision Regulations Section 6.5.1 entitled “Master Plan Review Procedure. D. Informational meeting” for Major Land Development projects. Public testimony will be heard and the Board will consider the Master Plan application for conditional approval, with conditions or denial.
Mr. DePasquale noted that there had been a Preapplication meeting held on May 23, 2023 with the Planning Board providing direction to the applicant regarding the following topics:
· Site proportions—suggesting the applicant may want to consider right sizing the proposal to fit the modest sized lot;
· Use—He suggested that the applicant agree to stipulated limitations which included: inside storage of vehicles only; no outdoor storage or repair of auto body of any kind; washing vehicles shall be limited to within the building with the fluids captured in a sealed tank and hauled offsite; no open drains or grates (if present, shall be connected to a sealed storage tank); no outdoor storage of car parts, tires, etc., trailers used for storage and/or no outside structures designed for storage of materials, cleaning agents or similar ancillary items associated with care storage.
· Other topics discussed: drainage/groundwater and the appearance of the building itself, indicating that the appearance of the building, seen from the roadway, should be in keeping with the rural character of the Town as opposed to a steel or similar industrial appearing structure.
Mr. DePasquale reviewed the Master Plan Proposal in his Planning Memorandum of July 17, 2023 (Pages 4-7) covering: Drainage; Building Coverage; Use; Visual Appearance; General Landscaping/Basin Plantings/Screenings.
Planner DePasquale in his Planning Memorandum recommended conditional Master Plan approval with stipulations 1-10 (listed below) be sent to the Zoning Board as recommendations and 11-18 (listed below) as conditions for Preliminary MLDP submission should the Zoning Board grant the necessary approvals.
Recommendations to the Zoning Board (1-10)
1. Outside storage of vehicles shall not be permitted.
2. Outdoor repair, car washing, detailing or auto body of any kind shall not be permitted.
3. Detailing and washing of vehicles shall be limited to WITHIN THE BUILDING with the fluids captured in a sealed tank and hauled offsite.
4. No open drains or grates inside the building unless connected to a sealed storage tank.
5. No outdoor storage of trucks, parts, tires, etc.
6. Permanent and/or temporary storage within fenced and/or in tractor trailers, shipping containers or similar shall not be permitted on site.
7. Portable storage units shall not be permitted.
8. Outdoor storage of materials, cleaning agents or similar ancillary items shall not be permitted.
9. Accumulation and/or storage of junk vehicles, disabled or inoperative machinery and equipment, dismantled parts of vehicles, open drums that contain liquid, empty drums, discarded car parts, tires and/or other junk and debris, shall be permitted.
10. The dumpsters shall be screened from view on at least three (3) sides by a solid wall, opaque fence and surrounded by a compact planting screen of at least five (5) feet in height.
Conditions for Preliminary MLDP submission should the Zoning Board grant the necessary approvals (11-18)
11. The applicant shall fund a peer review of the design of the drainage and soil erosion solutions prepared for this project to ensure that the design is adequate to comply with the State and Local standards. The peer review shall be completed prior to submission of a Preliminary application for the MLDP* (*should the ZBR grant the requested variances and SUP)
12. Prior to submission of a preliminary application the water tank used for fire suppression and fire access design shall be approved by the Exeter Fire Marshal and Fire Chief. (See Land Development Regulations Sec. 13.3—Standard for the installation of fire water tanks).
13. As a component of the preliminary MLDP application submit a landscape plan prepared by a registered landscape architect for the entire frontage along Nooseneck Hill Road including for both infiltration basins (compatible basin plantings including, pollinator-friendly native plants, native shrubs and other herbaceous vegetation that stabilize soils and tolerate the stormwater runoff). The landscape plan should attempt to integrate a hardscape design feature along the frontage of Nooseneck Hill Road such as stone walls or other features in conjunction with softscape elements to provide a connection with the Towns rural aesthetic.
14. Subject RIDOT PAP permit for access and egress to and from Nooseneck Hill Road.
15. All lights must be directed or shielded to avoid off-site light spillage and approved and maintained as dark sky compliant.
16. Subject to the establishing a private well for potable drinking water that conforms with RIDOH regulations.
17. Issuance of a building permit shall be contingent upon receiving all pertinent federal, state, and local permits.
18. Any additional conditions and stipulations that arise from the master plan public hearing, zoning board hearing(s) and preliminary meeting(s) for the MLDP.
Planner DePasquale concluded his memorandum with his Findings of Fact, Waivers, and Land Development Regulations Sec. 3.5 Required Findings (Pages 7-9).
Within his Findings of Fact he noted that the proposed masterplan with conditions of approval appears to be generally consistent with the Town’s Comprehensive Plan in that the proposed restrictions should they be granted, would “contain” the use to an innocuous indoor vehicle storage operation which is located in a LB/R zone along a highly travelled commercial corridor in conformance with the future land use map and objectives of the Comprehensive Plan as it relates to the underlying zoning and appropriate uses along arterial roadways.
Chairman Millar asked if anyone was present representing the applicant. Attorney Ken McGunagle, of McGunagle Hentz PC, 2088 Broad Street, Cranston, RI, stepped forward representing Landon and Leroy Kendricks. Attorney McGunagle stated that he, along with the applicant (Mr. Kendricks), and experts were present to fully explain their proposed plan.
Attorney McGunagle asked Mr. Leroy Kendricks to step forward and introduce himself and his son Landon (who could not attend this evening’s meeting). Mr. Kendricks stated that he is retired, but was a consulting engineer – electrical and control engineer both for himself and another former company. His expertise’s are in the water, wastewater fields, that he did controls and automation in his former job and considers himself an environmentalist. He noted that he has been Chairman of the Tiverton Wastewater District in his hometown of Tiverton for the last nine years. He has always been a car “nut” his entire life and upon his retirement he now volunteers as a docent at the Newport Car Museum. He indicated that the museum stores high-end cars, about 90 of them, and that this is where he first came up with the business idea. He felt having both car storage and car detailing businesses together would be ideal. Mr. Kendricks indicated that the person who runs the Newport Car Storage had been consulting with him on this proposed project.
Mr. Kendricks indicated that his son, Landon, would be his partner in the business and in charge of marketing. He noted that, Landon, is also a car enthusiast. He also noted that they would be looking to find a current “high-end” detailing business that would be interested in upgrading to this new space.
His major concern was the Board’s request to make the building smaller and felt that if that became a requirement that the project would likely not be able to go forward. Otherwise, they are willing to comply with the Planner’s recommendations. Mr. Kendricks noted that he is excited to bring this new business to the Town of Exeter.
Attorney McGunagle handed out the resumes for both Christopher Saunders, Sr. Project Manager and Kevin Diamond, R.A.
Mr. Christopher Saunders, Sr. Project Manager, Coventry Survey Company, Inc., 46 South Main Street, Coventry, RI 02816 (401) 823-5028 was recognized. He then reviewed their proposed site plans for the 60’x100’ luxury car storage and car detailing building.
Attorney McGunagle asked the following questions of Mr. Saunders. “Does the plan, as submitted, have all the best practices and procedures available to minimize the possibility of any adverse effect on the environment, neighboring property and the town, given that it is the master plan?” Mr. Saunders replied, “yes.”
He then asked Mr. Saunders if he was familiar with Section 3.5 of the Subdivision Land regulations? Mr. Saunders, replied, yes. Mr. Sauders replied in the affirmative to sections 2, 3, 4, 5, 6 and 7. Mr. Saunders then reviewed their request for both front and side setbacks and the special use permit, explaining their reasoning for their requests.
Mr. McGunagle then shared that the hardship the applicant is seeking relief from is related to the unique characteristics of the lot and that this applicant did not create the lot or the hardship.
And should the Zoning Board grant the variance it will not alter the general character of the surrounding area, Mr. Saunders agreed with Attorney McGunagle’s statements.
Chairman Millar asked if the Board had any further questions for Mr. Saunders? Mr. DeFrancesco, asked about having two different dated maps, it was noted that the April map was from the Preapplication. Mr. DeFrancesco, also asked if the Master Plan had been deemed complete. Planner DePasquale replied yes. Mr. DeFrancesco also questioned the number of cars and Mr. Saunders explained that there would be car lifts for half of the cars – 20 lower and 20 on lifts.
Mr. Bill Haas, asked where they planned to put the water tank for fire suppression? They indicated that they are not certain yet, and that the Fire Marshal wants to add her input before the final decision is made.
Mr. Joe St. Lawrence, indicated that he likes the design and thinks it will work with a little tweaking.
Ms. Donna Di Donato, asked Mr. Kendricks to clarify about the detailing portion of the business, and if it will be open to the public? Mr. Kendricks replied yes, and that people would only be dropping vehicles off and does not expect more than 4-5 cars in a day, with no after-hours business.
Mr. Michael Viveiros, noted that the site plan does not align with the plan renderings and asked them to review their drawings.
Chairman Millar asked if the public had any comments.
Public Comments:
Scott Besson, 335 Nooseneck Hill Road, Exeter, RI, was recognized.
Mr. Besson had no objections to the business coming to Exeter. He personally felt the lot size was somewhat small for the building that is being proposed. He also asked about who would be responsible for managing the location. Mr. Kendricks indicated that he is the responsible party.
Iwona Ramian, 16 Short Road, Exeter, RI was recognized.
Expressed her concerns with the proposed plans. She is an abutting neighbor and is concerned that this type of business, being on Rt. 3, would be adding congestion and the possibility of speeding vehicles.
Mr. Kendricks indicated that the people using the storage facility, usually store their cars
over the winter and pick them up for the summer. That traffic concerns should not be a problem.
Kelly Dubeau, Exquisite Events, Narragansett, RI, indicated that she is very familiar with the Newport Car Museum and very familiar with the high-end storage of cars. She noted that these cars are like prized possessions, in fact some owners do not even drive them, but have them towed in on a flat bed. She noted that there is also a high-end car storage business in Portsmouth that is pristine looking and has always been maintained that way.
Kevin Diamond, RA, was recognized: Principal Architect and Managing Partner at PABCo., a full-service architecture and construction company specializing in historic preservation, new construction, and adaptive reuse. Mr. Diamond shared the latest set of drawings and noted that, he believes, they have addressed all the concerns that were discussed at the pre-application meeting. That design changes have been made to represent a more rural design as opposed to a contemporary look.
Mr. Diamond stated that the building would be a one-story structure with a mezzanine above.
The office, located in the mezzanine, would overlook the storage area. He went on to review all the details and changes of the future building design.
Michael Viveiros, asked about the floor plan. He asked why they chose steel as opposed to wood? Mr. Kendricks indicated that a pre-engineered steel building is functional for this type of business and less expensive than a wood frame construction. Mr. Viveiros gave his ideas on how there could be more economical use of design space. With questions regarding a sprinkler system.
Mr. DeFrancesco noted that there are usually more options when it comes to design. Chairman Millar stated that if wood would be more economical his preference would be to use wood vs. steel. Donna Di Donato asked if a second floor was a consideration. Mr. Kendricks stated that costs were the consideration.
Chairman Millar asked if there were any further questions? Attorney McGunagle asked Mr. Diamond a few questions with regards to Exeter’s Zoning issues.
Chairman Millar asked for a motion to close the public hearing. Bill Haas made the motion and Joe St. Lawrence seconded the motion, hearing no discussion, the vote was all in favor; the public hearing was closed.
Michael DeFrancesco, commented on the following: He noted that they were present tonight to consider Conditional Master Plan approval; that the burden will fall on the Zoning Board to consider the requirements. That the Planning Board has a complete application with recommendations from the Planner. If they are granted relief from the Zoning Board, it will then come back to the Planning Board which he is in favor of.
Attorney Stephen Sypole stated that the two things the Planning Board needed to vote on was the Conditional Master Plan and the recommendation to the Zoning Board on the relief that they are going to seek there.
Ms. Gina Thurn, made a motion to grant Conditional Approval of the Master Plan, including all
of the conditions recommended by the Town Planner as follows:
First Motion:
Board member Gina Thurn made a motion to grant Conditional Master Plan approval including all the conditions stated on Pages 6 and 7 of the Town Planner’s memo dated July 17, 2023; Joe St. Lawrence seconded the motion. The vote was taken, and was all in favor (S. Millar, M. DeFrancesco, W. Haas, G. Thurn, and J. St. Lawrence). The motion passed unanimously.
Second Motion:
Gina Thurn made a motion for the Planning Board to make a favorable recommendation to the Zoning Board to grant the requested variances and special use permit for this Conditional Master Plan. To include the Planner’s recommendations (1-10) to the Zoning Board from his memorandum of July 17, 2023; Joe St. Lawrence seconded the motion. The vote was taken, and was all in favor (S. Millar, M. DeFrancesco, W. Haas, G. Thurn, and J. St. Lawrence). The motion passed unanimously.
Chairman Millar introduced this pre-application and then asked Planner William DePasquale for his considerations.
Planner DePasquale reviewed his two-page memorandum: Preapplication—Administrative Subdivision Merger of Two Lots and a Major Land Development Project Exquisite Events, AP 71 B 4 L 10 and 11, Zoned Business, Dated: July 18, 2023.
Planner DePasquale went over the proposal. The applicant is seeking guidance on a merger application of two lots as well as a Major Land Development Project. The petitioner “Exquisite Events” is proposing to construct a new 60’x150’ (9,000 s.f.) one-story wood frame building with a 3,000 s.f. mezzanine to accommodate the business offices. The basic plans submitted depicts a building served by parking area and drive aisles. The application’s narrative describes the building “design incorporates overhead doors to facilitate the loading and unloading of goods and fixtures as well as a customer entrance and showroom proposed for the north easterly front corner of the building.” The overhead doors and entrance are not shown on the plan. The property is zoned business and the use as described in the application’s narrative describes a business “which operates as a full-service event planning company providing compliment of fixtures, furnishings, lighting and décor, equipment and supplies to facilitate a host of off-site special events.” The building layout according to the application will consist of:
· Customer showroom;
· Display area;
· Fabric and sewing area;
· Storage and loading areas;
· Employee work space;
· Restrooms; and
· Corporate conference rooms and offices.
The Planner went on to cover the location, use and process. The process includes the merger of two lots as an administrative subdivision. The site development would be a major subdivision. He noted that there would be no objection to combining the subdivision with the MLDP.
The Planner then reviewed with the Board his observations, concerns and guidance and he touched on the following topics delineated in his July 18, 2023 memorandum: Drainage, water quality, potable well, site design, public safety, landscape, screening, buffering, lighting, operations, and zoning/building coverage.
Chairman Millar asked the Planner about water quality issues at Pine View. Planner DePasquale indicated that it appears to be an operational issue and not a question of a bacterial situation.
Chairman Millar recognized Richard Marcello, owner of Jade Investment Company. Mr. Marcello asked to address the water issues at Pine View. He indicated that the designer had left out check valves at the wellheads causing a malfunction in the water pressure for residents. The second incident was a discontinuing of a filter system, due to the RIDEM underground infiltration which the designer of the well system, Northeast Water, had not provided for discharge from the two filters. The filters were overused to extract particles from the groundwater before it went out to the tenants, which can be corrected by putting cartridge filters in each building. He personally sent out the boil water notice the first time and had instructed Pine View to send out the second boil water notice and apparently the tenants were not notified. He indicated that Pine View staff have been very uncooperative. Mr. Marcello stated that they now have two wells providing water to the residents if needed, becoming a no fail system.
Mr. Marcello went on to discuss the proposed corporate headquarters and business location for Exquisite Events located at South County Commerce Center, South County Trail, Exeter. A Project Narrative was distributed to each Board member.
The proposed building plan would require the two lots, 71-4 lots 10 and 11, to be combined via Administrative Subdivision.
Background: Exquisite Events is proposing to construct a new 60’x150’ (9,000 s.f.) one story wood frame building with a 3,000 s.f. mezzanine to accommodate the business’s offices. The property is currently owned by Jade Investment Group, LLC, and will utilize the South Trail Commerce Center’s main access entry. The site will not require a curb-cut access from Rt. 2. An underground water supply line will provide water service from the South Trail Commerce Center’s non-transient public water system. The site will be serviced from natural gas and electric.
The site has undergone extensive engineering and has favorable soil and water table analysis which will allow for the installation of an OWTS septic system and sufficient storm water drainage and retention areas.
Fire and emergency access would be provided completely around the entire building.
Mr. Marcello then asked Ms. Kelly Dubeau, Exquisite Events, Narragansett, RI to speak on behalf of her business. Ms. Dubeau, indicated her business model leans more towards set designing. That there is no food preparation, flower arranging or hair and makeup done by the business. She stated that they have built their business on decorating tent events for large venues and private homes. Her minimum project requirement is $6,000. Seventy-five percent of their business is with high end weddings, with an average cost of $200,000-$500,000. They manage about 350 events a year, mostly between May and December. During the peak months they employ 30-35 employees, the rest of the year 10-12 employees.
Chairman Millar asked about the showroom. Ms. Dubeau stated that they will take clients into the warehouse but mostly what they offer is shown through video. They operate 7 days a week.
Donna Di Donato asked where the business is currently located. Ms. Dubeau indicated they are currently in three locations and will be bringing them all under one roof with this new location.
Mr. Viveiros asked if driving around the building is purposeful? Ms. Dubeau stated yes, in order to maintain the appearance in front of the building.
Chairman Millar asked about preserving existing vegetation and trees. Discussion continued around buffering/landscape, drainage, and their fire plan.
Mr. Marcello had questions regarding the phases of his plans moving forward?
Mr. Marcello thought, after looking at state regulations, that when his property was approved with phases I, II, III and IV in the Master Plan, that going forward he would be able to go straight to preliminary and final with future projects. Planner DePasquale indicated, no, it was a minor subdivision that was created, and he is now asking the minor subdivision to be merged. The Planner stated that as part of the phase development, you need to go through the Master Plan, because the plan has been changed.
The Planner indicated that the best Mr. Marcello could do would be to combine administrative with the major land development, or that Mr. Marcello could do administrative first, merge them back together, and come back through major land development. Mr. Marcello still had additional questions. The Planner noted that any major land development is a project with phasing, one of the reasons the first became major was because Mr. Marcello phased the project. The Planner went on to say, “Each phase comes through, in this case, under major land development because of the merger. Once you start changing things you cannot go back, you can amend the master plan, but it will cost you the same amount of time.” Mr. Marcello understood that because those lots were merged it precluded him from going through with preliminary and final. The Planner noted that that would be correct because Mr. Marcello would first have to do an administrative subdivision, and that he would need to combine them.
Mr. Marcello asked if the Board would be able to speed up the time frame on the process in any way? The Planner indicated that State law dictates how the process happens. Attorney Sypole stated that you can combine the Master Plan and Preliminary but that you must be able to provide all State approvals and be prepared to have everything complete. Mr. Marcello indicated that this is how he would like to proceed.
Chairman Millar asked for a motion to accept the minutes of May 23, 2023 as submitted. Chair Scott Millar noted he was not in attendance on 5/23/2023. Gina Thurn made the motion and William Haas seconded the motion; the vote was all in favor. The May 23, 2023 minutes were approved. (M. DeFrancesco, W. Haas, G. Thurn, J. St. Lawrence, M. Viveiros and
D. Di Donato).
Attorney Sypole handed out a Draft Memo to the Exeter Planning Board, Dated July 25, 2023; Re: New Application Types and Notice Requirements.
Attorney Sypole also handed out a copy of a Memorandum from Ursillo, Teitz & Ritch, Ltd., sent to: APA—Rhode Island Chapter; From: Amy H. Goins, Esq. and Andrew M. Teitz, Esq., AICP; Dated: June 30, 2023; Subject: Recently Enacted Laws Affecting Land Use. (Distributed to Town Planners).
The Board also received from the Town Solicitor a Memorandum, Dated Tuesday, July 25, 2023, 2:57PM; Subject: RE: (External) RE: Meeting Packet; Attachments: MX-M7570_20230725_133134.pdf. Containing the process, the board will have to follow to amend the land development and subdivision regulations.
Attorney Sypole noted that the radical changes that many of the Towns were concerned about, did not come to pass. He felt it was because many of the Towns spoke up early in the process. He felt that only tweaks to the process have taken place and not major fundamental changes. The process that he will deal with will change but nothing earth shattering. Planner DePasquale felt differently and that he did not want to be the person stamping approval on future plans without the public discourse. Planner DePasquale had several concerns with the new direction of the planning and approval process. Chairman Millar felt that the process was going backwards and, in some cases, projects could go through some bad delays.
Attorney Sypole noted that the new requirements will shift more work to the municipal authorities and that Planner DePasquale will be impacted significantly. Planner DePasquale felt that the new regulations take away the residents right to speak to future plans of the Town. Planner DePasquale had many concerns about the new process.
Attorney Sypole referenced the memorandum from Ursillo, Teitz & Ritch (June 30, 2023) which stated that their memorandum was the first part of a two-part series. That Part II would function more as an action checklist and a guidance document for making changes to local ordinances and regulations. That any questions regarding the content of this memo should be directed to them through the APA-RI Chapter. Chairman Millar noted that the contract was issued to Weston and Sampson (Ashley Sweet is one of the leads on this, along with Rhode Island Housing and others).
He noted that they have four weeks to complete this document. Chairman Millar felt that this was, “Mission Impossible.”
Planner DePasquale handed out a Planning Memorandum to the Board at the meeting:
Amend Deadline Application Dates to Comply With 2023 Amendments to RIGL 45-22.2-8, 45-23-42, 45-23-53 (2023—H6086 Substitute A).
Many concerns were noted with the new state regulations.
Motion to adjourn made by Bill Haas, seconded by Michael Viveiros; voted all in favor.
MOTION PASSED. The meeting adjourned at 9:45 p.m.
Respectfully submitted,
Rebecca Lukowicz
M. Dixie Foisy
Planning Board Clerk