Town of Exeter, Rhode Island
PLANNING BOARD
675 Ten Rod Road
Exeter, R.I. 02822
401-294-2612
401-294-2592
Meeting Minutes
March 28, 2023
Minutes Approved: April 25, 2023
REGULAR MEETING
Members present: Scott Millar, Michael DeFrancesco, William Haas, Gina Thurn, Joe St. Lawrence, and Donna Di Donato
Members Absent: Michael Viveiros
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 Scott Millar introduced the application and asked Town Planner William DePasquale to review the updates/status of this request. Mr. DePasquale indicated that there were just a few outstanding concerns that needed to be addressed, one of which were the state permits, and that he had no objection to the Board considering Conditional Approval tonight to move this item to Final. He went on to review the responses the Board had received from Crossman Engineering, a third-party reviewer. Crossman Engineering, on behalf of the Town of Exeter, offered in their January 16, 2023 memorandum a summary of the following unresolved Stormwater related issues:
1. Response to Technical Review Memorandum, dated February 15, 2023
2. Site Plan Set (34 sheets) for Exeter Mail Solar, dated February 15, 2023
3. Stormwater Analysis & Design Report, dated July 18, 2022, Revised February 14, 2023
4. Stormwater Operations and Maintenance Plan, dated July 13, 2022, Revised February14,
2023
5. Soil Erosion and Sediment Control Plan for Renew Solar RI Exeter Mail, LLC, dated
February 2023
Mr. DePasquale noted that he agreed with the findings and changes that Crossman Engineering has recommended and as long as the attorney for the applicant has no objections, he has no objection to any kind of conditional approval, since all the issues looked at over the last two meetings have been settled matters, except for the state permits and final Crossman Engineering elements.
Chairman Millar recognized Kelley Morris Salvatore, attorney for the applicant, who stepped forward and acknowledged that after exchanging emails with the Town Planner earlier that she would like to, put on the record, an ask for conditional approval subject to receiving the DEM permit and addressing all of Crossman Engineering’s comments.
Chairman Millar asked Attorney Morris Salvatore to explain why this project was held up for so long. She indicated that the change in ownership, meaning the developer, which took a year and a half, held up the project, along with other business issues. She indicated, for the record, that neither she or her client could blame the Town of Exeter for the holdup on this project.
Board members Michael DeFrancesco and Joe St. Lawrence both acknowledged and appreciated the fine work that Crossman Engineering had done with regards to this project.
Kelley Morris Salvatore, stated for the record, that they do have a special use permit and that they will be seeking an additional request for extension. She asked the Planning Board to include in their decision a recommendation to the Zoning Board to approve the extension of the special use permit. She indicated that they would be going before the Zoning Board within the next couple of weeks.
Chairman Millar asked if there were any additional comments from the public, hearing none, the Chairman entertained a motion to close the public hearing. William Haas made the motion; Michael DeFrancesco seconded the motion. The vote was all in favor, and the public hearing was officially closed.
Chairman Millar entertained a motion to approve the preliminary plan, and asked Town Planner William DePasquale to indicate any conditions before final approval was granted. Mr. DePasquale noted that the applicant needed to provide all state permits and address the Crossman Report requirements and he also included the following conditions of approval: RI DEM permit; Peer Review engineering; Construction/public access safety; Decommissioning agreement with a surety bond; Construction inspections; and the Landscape surety.
The initial motion was withdrawn and the Chairman asked Town Planner DePasquale to offer his opinion on what conditions should be attached to the applicant’s Preliminary Plan Approval. Mr. DePasquale referred to his Memorandum to the Exeter Planning Board dated February 22, 2023.
He included the following conditions: (1) Provide proof of all state and town permits at Final; (2) Landscaping surety agreement with approval from the Town Planner and reviewed by the Town Solicitor; (3) Peer Review from Crossman Engineering; (4) Decommissioning agreement with a surety bond that is reviewed and accepted by the Planning Board Solicitor; (5) Construction inspection and schedule by third party inspector.
Chairman Millar entertained a motion to approve the Preliminary Plan with the five conditions recommended by the Town Planner be included but not limited to. Michael DeFrancesco made the motion and was seconded by William Haas. Further discussion followed.
Additional conditions were added: (6) Certificate of Completion; (7) Final to be handled administratively by the Town Planner; (8) Tax Treaty waived; (9) Fire Department Agreement (Fire Department #1) at Building Permit (Letter of Completion), and (10) a recommendation from the Planning Board to the Zoning Board to approve the extension of the Special Use Permit.
Chairman Millar asked the Board to approve the amended motion with a vote, which was all in favor, so the amendment carried. A vote was then taken on the entire motion as amended; again, a vote was taken and was all in favor; the motion carried. (Scott Millar, Michael DeFrancesco, William Haas, Gina Thurn, and Joe St. Lawrence).
Chairman Millar indicated that the good news is that there are no specific bills from the Land Use Commission as of yet; the bad news was that there are some 14 bills pending in the legislature addressing housing changes. They are proposing to amend zoning and subdivision enabling statutes which would require Exeter to rewrite their subdivision regulations and require the Town Planner to make big decisions administratively. (An example would be land use decisions without public or board input.) Many questions that would require specific special use criteria in the use table.
Vice Chair, Michael DeFrancesco suggested to the Planning Board that Town Planner, William DePasquale will need additional help once these mandates come down. He added that the Board needs to get authorization for additional funding in order to hire individuals who could help with the writing, drafting and researching needs.
Planner DePasquale recommended that the Town change their ordinance to put the burden back on the applicant and that they will be required to supply third-party consultants for items such as stormwater, landscaping, etc. The Planner stated that information gathering from third-party professionals is the most important part of decision making.
Planner DePasquale noted that in some instances the implementation of these new requirements is planned for January 2024. Mr. DeFrancesco again, warned that there is a sense of urgency. The Town Planner recommended writing an RFP now to get consultants in and hope that the Council will give them the monies to rewrite all the required ordinances (DPR, entire zoning provisions, special use criteria, hardship changes, etc.).
Solicitor Sypole stated that if the Town doesn’t completely redo the entire Zoning Ordinance and the entire Subdivision Regulations that the Town will be left operating under State law and with whatever may be left of the Town’s ordinances that are still enforceable. It was noted that thirty years of case law will be thrown out due to these possible changes.
Chairman Millar indicated that the Town Council needs to be made aware of the additional monies that will be needed to support these possible State changes. The Town Planner indicated that at the next Planning Board meeting the full budget would be discussed.
Chairman Millar turned the discussion over to Town Planner DePasquale. The Planner indicated that there are three or four programs available to them and budgeting additional dollars will be required. The Planner felt there was a need for a unique identifying number and that traditionally this is the Assessors Plat, Block and Lot number. This new programming would require about $200 a month for the subscription and the more storage, the higher the costs. He acknowledged that there are questions regarding getting the information off the upload and back into our local files. The Board questioned applying a “Digital Processing Fee” to the applicants. Town Planner DePasquale indicated that he would send three possible suggestions to the Board.
The Planning Board Clerk had a certificate created that recognizes and encourages outstanding planning that is consistent with the rural character of Exeter. The Planning Board unanimously selected “Plant Based Compassionate Care, Inc. d/b/a Sweetspot Dispensary” in Exeter as the 2023 Award Winner. It was suggested that a photo be taken of the recognition and placed on the Town’s website.
It was noted that the next meeting would be held on Thursday, March 30, 2023; then on April 11, 2023 a Planning Board workshop and a CPAC meeting to follow. Chairman Millar noted that coming up is an aggressive schedule with regard to the Comprehensive Plan. The Chairman suggested going through the plan one more time to get the comprehensive plan right. The Planner noted that any and all information can be handed in or sent digitally to his attention, if committee members cannot be present for the actual meeting. Chairman Millar wanted it made clear that there is good scientific justification supporting three acre lots and greater. Bill DePasquale also felt it was important to include and identify village zoning areas with higher density.
Michael DeFrancesco asked whatever happened to the Washington County Regional Planning Association? Town Planner DePasquale answered Mr. DeFrancesco’s question noting that they are required to send the Town’s Comprehensive Plan to our neighboring communities, giving them the time to review the plan and respond.
Chairman Millar entertained a motion to accept the minutes of February 28, 2023 as submitted. Michael DeFrancesco made the motion and Bill Haas seconded the motion, a vote was taken, 5-0.
The February 28, 2023 minutes were approved. (Scott Millar, Michael DeFrancesco, William Haas, Joe St. Lawrence, and Donna Di Donato).
Motion to adjourn made by Bill Haas, seconded by Joe St. Lawrence; voted all in favor. MOTION PASSED. The meeting adjourned at 7:59 p.m.
Respectfully submitted,
Rebecca Lukowicz
M. Dixie Foisy
Planning Board Clerk