Town of Exeter, Rhode Island
PLANNING BOARD
675 Ten Rod Road
Exeter, R.I. 02822
401-294-2612
401-294-2592
Meeting Minutes
November 14, 2023
Minutes Approved: January 9, 2024
WORK SESSION MEETING
Members present: Scott Millar, Michael DeFrancesco, William Haas, Gina Thurn, Joe St. Lawrence, and Michael Viveiros
Members Absent: Donna Di Donato
Staff present: William DePasquale, Planner and Dixie Foisy, Clerk
and Olivia DeFrancesco, Council Liaison
Chair Scott Millar called the meeting to order at 6:32 p.m.
None
DRAFT AMENDMENTS: * EXETER LAND DEVELOPMENT AND SUBDIVISION REGULATIONS *(draft amendments are subject to change pending public review and final approval)
SECTION 1.0. - AUTHORITY AND INTENT
SECTION 2.0. - DEFINITIONS
SECTION 3.0. - GENERAL REQUIREMENTS
SECTION 3.3. – FEE STRUCTURES AND REGULATIONS
SECTION 4.0. - SPECIAL REQUIREMENTS
SECTION 4 4.4. - SITE DESIGN REVIEW
SECTION 6.0. - DEVELOPMENT APPLICATION, REVIEW AND APPROVAL PROCESS
SECTION 8.0. - ADOPTION AND AMENDMENT OF REGULATIONS
SECTION 9.0. - ADMINISTRATION OF THE REGULATIONS
SECTION 10.0. - APPEALS
Chairman Millar introduced New Business and then turned over the discussion to Town Planner William D. DePasquale, Jr., to review the newly amended regulations with the Board. The Planner indicated that the goal of the evening would be to review the drafts of the Land Development and Subdivision Regulations that go into effective on January 1, 2024. He also noted that the Board would be asked to make one policy decision with regards to the newly amended regulations. Mr. DePasquale indicated that a public hearing has been scheduled for December 12, 2023 and that notices will go out and be posted on Wednesday, November 15, 2023.
He noted that they will be reviewing Section(s) 1.0 through 10.0. The Planner then spoke about the Municipal Training Assistance Grant, which the Town to date has received $100,000. He indicated that with the additional monies expected to come from this grant, the Planner felt it would be wiser to hold off and apply the Grant monies to build a better Checklist for Sections 12 and Construction Standards for Section 13.
The Planner reviewed the history of the Land Development Subdivision Regulation act and how the new laws will change how cities and town’s function. That the role of the Planning Board will change and that the new legislation will place a lot of the decision making in the hands of the administrative officer.
The Planner spoke about the possible need for a Technical Review Committee and how that group would work going forward. That the new law suggests there be a Technical Review Committee (TRC) with the Administrative Officer making many of the planning decisions. The TRC would likely be comprised of representatives from the Department of Public Works, Police and Fire, a Consulting Engineer and the Town Planner. It was noted that Exeter does not have a Police Department and only has a volunteer fire department. Planner DePasquale noted that according to Attorney Karen Ellsworth, the Town’s consultant on the new regulations, felt that the Town wasn’t required to have the TRC, but that it was recommended.
Chairman Millar noted that in the past the applicant was required to assume the costs of any expert individual that the project deemed necessary. Solicitor Sypole noted that working with the Town of Hopkinton, who has police, fire and public works, that they too would find it hard to fill the needed positions. The Planner stated that he would advocate for an on-call engineering firm and another land use firm to work with the administrative officer.
Planner DePasquale went on to review Land Development and Subdivision information through a slide presentation. Each of the Planning Board members were given the 13-page handout covering the Planner’s presentation, entitled Planning Board Workshop – 11/14/23; Draft Amendments to the LDSR to comply with State Laws effective January 1, 2023.
Discussion ensued around base application fees and charging applicants additional monies for needed professional expertise. It was noted that with all these new changes going forward, and the additional demands placed on the Planning Office, there would be a need to increase the Planning Department staff.
The Planning Board then went on to review each of the ten sections in the Exeter Land Development and Subdivision Regulations.
Section 1.0 – Authority and Intent
Sec. 1.1 – Title; Sec. 1.2 – Authority; Sec. 1.3 – Applicability; Sec. 1.4 – Continuation and superseded of regulations. There were no changes other than Solicitor Sypole’s changes through Attorney Ellsworth.
Sec. 2.0 – Definitions
Sec. 2.1 – Terms defined elsewhere; Sec. 2.2 – Terms defined.
Following discussion and wordsmithing of the definitions the final definitions follow.
Administrative Officer.
Administrative officer. The municipal official who administers the land development and subdivision regulations, reviews and approves qualified applications, and coordinates the planning activities among local boards and commissions, town staff and state agencies. The town planner is the administrative officer.
Administrative subdivision.
Resub division of existing lots that does not yield additional lots for development and does not require creation or extension of a street. Administrative subdivision involves only merger of lots, merger and redivision of lots, or adjustments to boundaries of existing lots.
Agricultural land.
Means land suitable for agriculture by reason of suitability of soil or other natural characteristics or past use for agricultural purposes, as defined in R.I. General Gen. Laws § 45-22.2-4.
(Motion made by Michael DeFrancesco to amend above definition; seconded by Scott Millar, all in favor 5-0, the motion carried.)
Board of appeal.
The review authority for appeals of action of the administrative officer on matters of land development or subdivision. The zoning board of review serves as the board of appeal.
Bond.
A type of improvement guarantee.
Buildable lot.
A lot on which the planning board has determined that permitted construction is practicable, considering the physical constraints to development and the applicable local, state, and federal regulations.
Building envelope.
The three-dimensional space within which a structure is permitted to be built on a lot under regulations governing building setbacks and maximum building height.
Building type.
The appearance of a building as defined by its physical bulk and architectural elements such as dormers, cornices, fenestrations, roof configurations, and building materials.
Buffer.
Land that is maintained in either its natural state or landscaped, and is used to screen or mitigate the impacts of development on surrounding areas, properties or rights-of-way.
Building setback line.
A line parallel to the property line, marking the required depth of the front, side, or rear yard.
Certificate of completeness.
A notice issued by the administrative officer informing an applicant that the application is complete and meets the requirements of these regulations, and that the applicant may proceed with the review process.
Concept plan.
A drawing with accompanying information showing the basic elements of a proposed land development plan or subdivision that is used for pre-application meetings and early discussions, and classification of the project within the approval process.
Conservation development.
The site planning and design process used to implement cluster subdivisions and land developments, as defined in R.I. Gen. Laws § 45-24-31 (13) Conservation development guides growth to the most appropriate areas within a parcel of land to avoid and minimize impacts to natural, cultural or recreational resources and other special features of the property, and requires the set-aside of a permanent area of open space.
Conventional subdivision.
A subdivision in which all land being subdivided is dedicated to either lots for development or street rights of way, with no common open space. Not a conservation development.
Consistency with the comprehensive plan.
The requirement that lands use regulations and ordinances, and the decisions based on those regulations and ordinances, must be in accordance with the public policies adopted after detailed study and analysis and enacted by the town in the form of the comprehensive community plan.
Cornice.
A continuous molded projection that crowns a wall or other construction or divides it horizontally for compositional purposes; usually consisting of bed molding, soffit, fascia, and crown molding.
Cul-de-sac street.
A local street with only one outlet that usually terminates in a circular vehicle turnaround.
Cut.
An excavation; or the difference between a point on the natural gradient and a point lower in elevation.
Development.
The construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; any mining, excavation, landfill or land disturbance; or any change in use, or alteration or extension of the use, of land.
Development regulation.
A governmental statute, ordinance or regulation controlling the use and development of land.
Diversion.
A channel constructed across the slope for the purpose of intercepting surface or subsurface runoff and carrying the water, on a reduced grade, to a suitable outlet. Diversions generally have a supporting ridge on the lower side.
Dormer.
A window set upright in a sloping roof, or the roofed projection in which the window is set.
Dwelling unit.
A structure or portion thereof providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation, and containing a separate means of ingress and egress.
Easement.
The right to use all or part of the property of another for drainage, construction of utilities, conservation, or another specific purpose.
Environmental constraints.
Natural features, resources, or land characteristics that are sensitive to change and may require conservation measures or the application of special development techniques to prevent degradation of the site, or may require limited development, or in certain instances, may preclude development as defined herein. See also physical constraints to development.
Erosion.
The removal of surface materials by action of natural elements.
Excavation.
Any act by which earth, sand, gravel, rock or any other similar natural material is dug into, cut, quarried, uncovered, removed, displaced, relocated or bulldozed.
Fill.
Any act by which earth, sand, gravel, rock or any other material is placed, pushed, dumped, transported or moved to a new location above the natural surface of the ground or on top of the stripped surface. Fill also means the difference in elevation between a point on the original undisturbed ground and a designated point of higher elevation of the final grade.
Final plan.
The final stage of land development and subdivision review.
Final plat.
The final drawing(s) of all or a portion of a subdivision or land development project to be recorded after approval and any accompanying material required by these regulations or by the planning board or the administrative officer.
Flood plain or flood hazard area.
As defined in R.I. Gen. Laws § 45-22.2-4(9), as amended.
Floor area, gross.
The sum of the gross horizontal areas of all floors of a building measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings. Gross floor area does not include basements when at least one-half the floor-to-ceiling height is below grade, accessory parking (i.e., parking that is available on or off-site that is not part of the use's minimum parking standard), attic space having a floor-to-ceiling height less than seven feet, exterior balconies, uncovered steps, or inner courts.
Frontage.
That portion of a lot abutting a public street or a private street on an approved plat. To meet the minimum frontage requirement lot frontage must be contiguous and provide direct, adequate and permanent access and egress to and from a street for all vehicles normally associated with the permitted use of the lot.
(Chairman Scott Millar made a motion to amend the definition of Frontage; seconded by Gina Thurn, all in favor 5-0, the motion carried.)
Improvement.
Any natural or built structure, facility, or vegetative material required to be placed upon, planted, affixed to, or maintained on real property by these regulations or by a decision of the planning board or the administrative officer made pursuant to these regulations.
Improvement guarantee.
A security instrument accepted by the planning board to ensure that all improvements, facilities, or work required by the land development and subdivision regulations, or required by the planning board or the administrative officer as a condition of approval, will be completed in compliance with the approved plans and specifications.
Land development project.
A project in which one or more lots, tracts, or parcels of land are developed or redeveloped as a coordinated site for one or more uses, units, or structures, including but not limited to, conservation development, for residential, commercial, institutional, recreational, open space, or mixed use.
Lot.
Either (1) the basic development unit for determination of lot area, depth, and other dimensional regulations, or (2) a parcel of land whose boundaries have been established by some legal instrument such as a recorded deed or recorded map and is recognized as a separate legal entity for purposes of transfer of title.
Maintenance guarantee.
Any security instrument, that may be required and the planning board or the administrative officer to ensure that required improvements will function for a specific period of time.
Major land development project.
A project that results in a greater number of dwelling units, involves construction of more gross floor area, or requires more extensive exterior site development than would be permitted for a minor land development project.
Major subdivision.
A subdivision that creates ten or more buildable lots.
Master plan.
The first formal review stage for a major land development project or subdivision.
Minor land development project.
Any one of the following:
(1) Construction of one or more buildings for commercial, manufacturing, or industrial use with a total for all structures of no more than 7,500 square feet of gross floor area.
(2) Enlargement of a commercial, manufacturing or industrial building that increases the gross floor area by no more than 50% or by 10,000 square feet of gross floor area, whichever is less.
(3) A mixed-use development consisting of no more than six dwelling units and 2,500 square feet of gross floor area for commercial use.
(4) A residential development that creates nine or fewer new principal dwelling units.
(5) Redevelopment or reconstruction to change the use of a multi-family residential, commercial, or industrial building that does not propose significant exterior alteration of the site.
(6) Adaptive reuse of a building or buildings with a total of no more than 25,000 square feet of gross floor area in a commercial zoning district that does not require extensive exterior construction or extensive exterior site redevelopment.
(7) Adaptive reuse of a building or buildings in a residential zoning district that creates eight or fewer new dwelling units.
Minor subdivision.
A subdivision that creates nine or fewer buildable lots.
Mullion.
A slender vertical member that forms a division between units of a window, door, or screen.
Parcel.
A lot, or group of contiguous lots in single ownership or under single control, and usually considered a unit for purposes of development. Also referred to as a tract.
Phased development.
Development, usually for large-scale projects, where construction of public or private improvements proceeds by sections subsequent to approval of a master plan for the entire site.
Physical constraints to development.
Natural or manmade characteristics of a site that present significant difficulties in constructing the uses permitted on the site, or would require the use of extraordinary construction methods.
Plat.
A site plan of a land development or subdivision plan showing the location, boundaries, and lot lines of individual properties, as well as other necessary information required by these regulations.
Pre-application conference.
An applicant's initial presentation of a proposed subdivision or development at a Planning Board meeting to give the applicant the opportunity to explain the proposal and hear Planning Board members' informal comments and suggestions before a formal application is filed.
Preliminary plan.
The required stage of land development and subdivision review, that requires detailed engineered drawings.
Public improvement.
Any street or other roadway, sidewalk, pedestrian way, tree, lawn, off-street parking area, drainage feature, or other facility that the town will be responsible for maintaining.
Public water supply.
Any water system providing a potable supply to a segment of the population on a regular basis for domestic or industrial use, including supplies furnished by municipalities, special districts, authorities, associations, and privately owned water utilities.
Rural residential compound.
A type of land development with a density of no more than one dwelling unit per ten acres of land for which the dimensional regulations are more flexible than those of the underlying zoning district.
Runoff.
The surface water discharge or rate of discharge of a given watershed after a fall of rain or snow and including seepage flows that do not enter the soil but run off the surface of the land. That portion of water that is not absorbed by the soil, but runs off the surface.
Sedimentation.
The process by which mineral or organic matter is accumulated or deposited by moving wind, water, or gravity. Matter that is deposited or suspended in water is usually referred to as "sediment."
Sketch plan overlay sheet.
A scaled drawing that illustrates conceptual layouts of house lots, buildings, streets and conservation areas.
Slope.
The face of an embankment or cut section; any ground whose surface makes an angle with the plane of the horizon. Slopes are usually expressed in a percentage based upon vertical difference in feet per 100 feet of horizontal distance. Any natural landform that is not horizontal differs from the horizontal.
Soil stabilization.
The chemical, mechanical, or structural treatment of a mass of soil to increase or maintain its stability or otherwise improve its engineering properties and reduce erosion.
Specimen vegetation.
Rhode Island Natural Heritage Program plant species listed as either state endangered, state threatened, state interest species of concern, or state extirpated; plant species providing habitat for animal species listed by the Natural Heritage Program in the above mentioned categories; species such as American Holly (Ilex opalca) and Rhododendron (Rhododendron maximum) that are at the limits of their natural range; or any species such as American Elm (Ulmus Americana) and American Chestnut (Castenata dentate) whose population has been drastically reduced by disease, insects or habitat destruction.
Storm water detention.
A provision for storage of storm water runoff and the controlled release of such runoff during and after a flood or storm.
Storm water retention.
A provision for storage of storm water runoff.
Street.
A public or private thoroughfare used for passage or travel by motor vehicles.
Street, access to.
An adequate and permanent way of entering a lot. All lots of record shall have access to a public street for all vehicles normally associated with the uses permitted for that lot.
Street, private.
A thoroughfare established as a separate tract for the benefit of multiple, adjacent properties and meeting specific, municipal improvement standards. This definition does not apply to driveways.
(Chairman Scott Millar made a motion to add the definition of Street, private; seconded by William Haas, all in favor 5-0, the motion carried.)
Street, public.
All public property reserved or dedicated for street traffic.
(Chairman Scott Millar made a motion to add the definition of Street, public; seconded by William Haas, all in favor 5-0, the motion carried.)
Street, cul-de-sac.
A local street with only one outlet and having an appropriate vehicular turnaround, either temporary or permanent, at the closed end.
Street line.
A lot line that separates a lot from a street.
Street right-of-way.
The entire area dedicated for street use, including the pavement or travel surface, and the areas on both sides of the pavement or travel surface that may be reserved for installation of sidewalks, utilities, drainage improvements or other purposes.
Street, stub.
A portion of a street reserved to provide access to future development.
Street classification.
A method of roadway organization that categorizes streets according to function.
a. Arterial. A major street that serves as an avenue for the circulation of traffic into, out of, or around the town and carries high volumes of traffic.
b. Collector. A street whose principal function is to carry traffic between local streets and arterial streets but that may also provide direct access to abutting properties. c. Local. Streets whose primary function is to provide access to abutting properties.
(Chairman Scott Millar made a motion to keep the definition of Street classification; seconded by Joe St. Lawrence, all in favor 5-0, the motion carried.)
Subdivider.
A person or entity applying for approval to subdivide land and/or:
(1) Having an interest in land, causes it, directly or indirectly, to be divided into a subdivision; or
(2) Directly or indirectly sells, leases, or develops, or offers to sell, lease, or develop, or advertises to sell, lease, or develop, any interest, lot, parcel, site, unit, or plat in a subdivision; or
(3) Engages directly or through an agent in the business of selling, leasing, developing, or offering for sale, lease, or development in a subdivision or any interest, lot, parcel, site, unit, or plat in a subdivision.
(Chairman Scott Millar made a motion to keep the definition of Subdivider; seconded by William Haas, all in favor 5-0, the motion carried.)
Subdivision.
The division of a lot, tract or parcel of land into two or more lots, tracts, or parcels or any adjustment to existing lot lines.
Swale.
A low-lying stretch of land, that gathers or carries surface water runoff.
Topsoil.
Surface soils and subsurface soils, ordinarily rich in organic matter or humus debris.
Vested rights.
The right to initiate or continue the development of an approved project for a specified period of time, under the regulations that were in effect at the time of approval, even if, after the approval, the regulations change prior to the completion of the project.
View-shed.
The primary area(s), that can be viewed from defined observation point(s). To determine the extent of the view-shed, important vantage points and significant features should be identified. The area that can be seen from those points should be designated as the view-shed.
(Chairman Scott Millar made a motion to keep the former definition of View-shed; seconded by Michael DeFrancesco, all in favor 5-0, the motion carried.)
Watercourse.
A permanent stream, intermittent stream, river, brook, creek, or a channel or ditch for water, whether natural or manmade.
Yield plan.
A plan of a conventional subdivision that depicts the maximum number of building lots or dwelling units that could reasonably be built on a parcel of land under current zoning, taking into account physical constraints to development--such as wetlands, etc. No lot shall be considered buildable unless it can be shown to have a minimum of one acre (43,560 sq. ft.) of contiguous, accessible land that is free of biological wetlands, water bodies, street rights-of way, or electrical power line easements.
(Chairman Scott Millar made a motion to amend the definition of Yield plan; seconded by Joe St. Lawrence, all in favor 5-0, the motion carried.)
Chairman Millar will work on definitions for Safe Yield and Public Water Safety.
Sec. 3.0 – General Requirements
Planner DePasquale will add in the Solar fees, (with a limit of $5,000 per application) that had been previously approved by the Planning Board and omitted in this section.
Michael DeFrancesco asked to add the following to the last sentence in A: The application is incomplete until such fee is paid. Failure to make this payment, within 30 days, after requesting additional revisions shall be grounds for denial of the application. In B: The application is incomplete if the fee is not paid within 30 days.
(Michael DeFrancesco made a motion to add copy to #3 in both Section A and B of Sec. 3.3 Fee Structures and Regulations; seconded by Scott Millar, all in favor 5-0, the motion carried.)
Section 3.4 Project description and impact study.
Michael DeFrancesco felt that there was a need to be more specific with regards to stating potential significant impact and the need to add the economic impact, to this statement. The Planner felt that addition would require more specific information.
Sec. 4.0 – Special Requirements
Town Planner DePasquale recommended to the Board to keeping Section 4 as is with the change of the waivers. Both Chairman Millar and Solicitor Sypole felt that the Planner’s direction was the way to continue. That Section 4.4 would be removed in favor of the modified Section 4 regarding the waiver requirement.
Sec. 6.0 – Special Requirements
Town Planner DePasquale noted that this particular section is mostly mandated information. But did ask the Board to take a look at Unified development review and how it will impact the Board. Planner DePasquale asked that he be able to insert the word Library, under Notice requirements, when it indicates (one other municipal building).
Sec. 8.0 – Adoption and Amendment of Regulations
Town Planner DePasquale noted again that this section is mandated information. But would be including the library as the posting area.
Sec. 9.0 – Administration of the Regulations
Sec. 9.1 Administrative officer.
Was amended to read: The town planner shall serve as the administrative officer, and in that capacity shall supervise and coordinate the town’s land use planning functions. If the administrative officer is absent or unavailable, the chairman of the planning board will act as the temporary administrative officer. Alternatively, the chairman can seek approval from the planning board to engage technical services from a qualified third party to serve as a temporary administrative officer. This provision is provided for in R.I. Gen. Laws § 45-22-5(c) which states within the limit of the funds appropriated to a Planning Board or Commission may engage technical or clerical assistance to aid in the discharge of its duties.
The administrative officer shall be responsible for:
A. Administration of the land development and subdivision regulations.
B. Coordinating the review, approval, and recording of land development projects and subdivisions the
planning board.
C. Review and approval of applications for which administrative approval is authorized.
D. Coordinating planning functions with other municipal officials, with adjacent towns, and with the
State.
E. Enforcement of these regulations and enforcement of conditions placed on approval of land
development projects.
Scott Millar made a motion to amend Sec. 9.1 Administrative officer; Bill Haas seconded, the vote was 4-1(Millar, Haas, Thurn, St. Lawrence and Viveiros in favor; DeFrancesco against). The motion carried.
Town Planner DePasquale noted, again, that this section is mostly mandated information.
Sec. 10.0 – Appeals
The Planner noted that this section contained statutory information and no changes were made.
Chairman Millar congratulated the Planner for obtaining the MTAP Grant.
DePasquale explained how he was working with the Libra Planners on this initiative.
That the RFP is broken up into six different sections:
Updating the Zoning Code, Low and Moderate Housing, Rezoning Ladd Center, Checklist items and Land Development upgrades, Fair housing.
Chairman Millar asked that a copy of the RFP be sent to the Board members.
With regards to the Comprehensive Plan, Planner DePasquale noted that he had sent four elements up to Statewide Planning for their review.
Chairman Millar took the time to thank Planner DePasquale for all his hard work.
Olivia DeFrancesco, Town Council Representative, asked the Planning Board to send a recommendation to the Town Council for an increase in pay for the Town Planner.
The Planner thanked the Board for their support, but indicated that Dixie Foisy and others deserved their attention, also.
Board member Michael DeFrancesco questioned if down the road could the Planner’s job become a full-time position. Mr. DePasquale felt that could happen today.
Bill Haas made a motion to accept the minutes of October 10, 2023 as submitted. Joe St. Lawrence seconded the motion, a vote was taken, 5-0. The October 10, 2023 minutes were approved. (Scott Millar, Michael DeFrancesco, William Haas, Gina Thurn, Joe St. Lawrence, and Michael Viveiros).
Tuesday, November 28, 2023 - Regular Planning Board Meeting;
Tuesday, December 12, 2023 – Public Hearing
Motion to adjourn was made by Bill Haas, seconded by Joe St. Lawrence; voted all in favor.
MOTION PASSED. The meeting adjourned at 9:13 p.m.
Respectfully submitted,
Rebecca M. Lukowicz
M. Dixie Foisy
Planning Board Clerk