Town of Exeter, Rhode Island
PLANNING BOARD
675 Ten Rod Road
Exeter, R.I. 02822
401-294-2612
401-294-2592
Meeting Minutes
November 28, 2023
Minutes Approved: January 9, 2024
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, Dixie Foisy, Clerk and
Olivia DeFrancesco, Council Liaison
Chair Scott Millar called the meeting to order at 6:30 p.m.
Chairman Millar began the planning meeting by making a motion to change the order of the evening’s agenda. Chairman Millar asked for a motion to move item V. Old Business—Public Hearing: Master Plan and Preliminary Plan-Major Land Development (Combined): Exquisite Events, Applicant and Owner Jade Investment Group, LLC to be heard first on the agenda. The motion was made by Michael DeFrancesco and seconded by Joe St. Lawrence. All in favor (5-0); the motion carried. (Scott Millar, Michael DeFrancesco, William Haas, Gina Thurn, Joe St. Lawrence).
Chairman Millar asked for a motion to open the public hearing. Bill Haas made the motion; Gina Thurn seconded the motion; All in favor (5-0); and the Public Hearing was opened. The Chair then asked Town Planner William DePasquale to review the application. Planner DePasquale reviewed his Planning Memorandum: Exquisite Events – Major Land Development Project Master Plan/Preliminary Combined; Public Hearing; AP71 B 4 L 10; Zoned Business; Dated: November 22, 2023.
In the Planner’s memorandum he covered with the board and the public the following information. The Proposal by the applicant to build a new one-story wood frame building covering an area of 9,000 square feet and including a 3,000 square foot mezzanine for business offices. He touched on the location, previously known as lots 10 and 11, which have been merged administratively and now known as AP 71 B 4 L10. He spoke about surrounding land use and noted that the new facility would be located in a business district, conforming with zoning regulations. The Planner noted that the applicant is seeking modification of the requirements for preliminary plan submission, specifically, that they are requesting that OWTS, RIPDES, and wetlands permits be issued at the final stage, rather than the customary approvals at Preliminary.
The Planner reminded the group of the previous Preapplication Observations: they included Drainage, Water Quality, Potable Well; Site Design; Public Safety; Landscape/Screening/Buffering; Lighting; Operations; Zoning/Building Coverage; Others.
(Complete information can be garnered on Pages 2 and 3 of the November 22, 2023 Planning Memorandum.)
Mr. DePasquale covered what he saw as deficiencies and required modifications to the applicant’s plan. They included: additional landscape screening; correcting the elevations on the north, south, east and west sides of the property; the imposing size of the horizontal façade; and more site plan details on entrances, lighting, signage; and detailed information on the hours of operation for trailer truck deliveries.
The Planner’s recommendation stated the following: Based on the amount of information and permits that need to be approved, he suggested that the most efficient process would be to approve the master plan and preliminary plan with stipulations and conditional final approval. That in case the administrative officer finds the final submission to be noncompliant with the submission request, the Administrative Officer may, at the AO’s discretion, forward the conditional final to the Planning Board for further approval.
Town Planner DePasquale’s Master Plan and Preliminary Plan stipulations and conditions for approval follow:
1. The master plan and preliminary plan have specific conditions and requirements that must be met for final approval. If the administrative officer determines that the final submission does not comply with the submission request, they may choose to forward the conditional final plan to the Planning Board for further approval.
2. As part of the final application, it is required to submit OWTS, RIPDES, and wetlands permits. Subject to a peer review to assess drainage, stormwater and soil erosion to the satisfaction of a third-party reviewer and administrative officer.
3. Submit an expert analysis of the quality and quantity of potable water sources that will be used to serve this land use without detrimentally impacting the supporting land use.
4. The landscape screening plan needs to be presented on a larger sheet of paper, specifically 24 inches by 36 inches. The current size of 11 inches by 17 inches is too small and makes the plan unreadable.
5. It is recommended to add additional screening between the larger evergreens, such as plantings or opaque fencing.
6. Additional screening or landscaping is required along the detention basin that runs parallel to Pine View Apartments.
7. Provide a cross-sectional view of the berm along with the proposed plantings and screening.
8. The final landscape and screening plan is subject to the administrative officer's approval.
9. Elevations are marked incorrectly for north, south, east, and west. It is required that they are corrected, and the location of the overhead doors is shown on the site plan.
10. The long horizontal façade is imposing due to its large scale. To reduce the scale of the wall, the façade design needs to be broken up. This can be achieved through various methods such as altering the roofline, incorporating different materials, selecting appropriate windows, or adding vertical elements to the otherwise plain façade.
11. The site plans must depict the location of all entrances and overhead garage doors.
12. Provide a comprehensive lighting plan that outlines the types and locations of lighting fixtures, along with the typical lighting arrangements for each area around the property. All lighting must be equipped with shielding to prevent off-site light spillage and should be approved and maintained as dark sky compliant.
13. The plans should detail the location, size, and type of all signage present on the property.
14. Provide detailed information regarding the hours of operation for trailer truck deliveries.
Richard Marcello stepped forward to speak on behalf of his application. He distributed copies of his responses to the Planner’s memorandum. Mr. Marcello proceeded to hand the Board photos regarding landscaping at Pine View. Donna DeDonato interrupted Mr. Marcello to speak to the Chair regarding the photos being presented, because of the inability of the stenographer and the planning clerk not being able to distinguish Mr. Marcello’s comments. Solicitor Sypole asked for photos to be gathered and marked as Exhibit A for the record. They were received by the clerk.
Mr. Marcello reviewed point by point from the Planner’s Planning Memorandum with some of the following comments: (Please note that the applicant’s handout will be included with the complete record for this application.)
Mr. Marcello went on to note that applications for RIDEM approved plans and OWTS, RIPDES, and Wetlands applications have all be submitted and are currently in the review process, but are expected to be approved soon.
Richard Marcello made the point that with regards to the well water situation that they have gone from having one well pumping 6 gallons of water a minute for Pine View to having a second well, pumping 15 gallons a minute, providing 21 gallons a minute of water, but using about 5 gallons overall. He felt as though with the oversight of the RI Department of Health and the Environmental Protection Agency that the well water oversight had adequate protection.
He reviewed the fire tank size indicating the site will have a 20,000-gallon tank; he noted that the lighting plan will be dark sky compliant. He offered a revised landscape and revised elevations plan to the Board.
Mr. Marcello then reviewed each of the Planner’s Recommendations for Approval. He spent time explaining their plans with regards to the landscaping on the property. He made it a point to mention that the landscape plan that was approved for the Pine View property had not been installed according to the plan. That the tree location and sizes were not met and the proposed walking trail was never installed. He felt that it was not his company’s responsibility to correct the landscaping conditions that the Pine View builders did not complete.
He indicated that items 10-13 are addressed on the master preliminary plan. He previously discussed the hours of operation noted in the Planner’s Recommendations.
Chairman Millar asked the Board if they had any questions. Board member Michael Viveiros asked about lighting for the driveway onto the property. Mr. Marcello indicated that there is no plan for lighting the drive onto the property. Michael DeFrancesco asked Solicitor Sypole if this would be the last time that the Planning Board would see this application before final approval. Solicitor Sypole noted that the Town Planner had indicated that he would ask the Board to grant him administrative decision making, and that if he found the applicant to be non-compliant with the submission request, he may choose to forward the conditional final back to the Planning Board for further approval.
Chairman Millar noted for clarification that Mr. Marcello meant he was complying with the regulations from the Department of Health with regards to the water system.
Mr. Marcello also noted with regards to the two notices of violations, that have continued to be a concern, one was for a back flow preventor which needed to be changed when installed brand new and the second notice involved a low water pressure drop, that did not change the quality of the water, but that RIDH will send cautionary notification and that the Department of Health has this exact information on file.
Patrick Freeman, American Engineering, stepped forward to review the site plans. He then went on to discuss comments from Crossman Engineering regarding their review.
(Details can be found from Crossman Engineering in their South Trail Commerce Technical Review Memorandum (Stormwater) to William DePasquale, Jr., AICP, Town Planner; from Chris Cabral, P.E., Crossman Engineering; Dated: November 22, 2023; Re: South Trail Commerce Development, Phase II, AP 71, Block 4, Lot 10.)
Chairman Millar asked Mr. Freeman if the items that have been brought to their attention in the Crossman review would be corrected by the final approval process. Mr. Freeman indicated that yes, they would be.
Michael DeFrancesco asked again about combining the Master Plan with the Preliminary. He does not feel that they have everything that is required for the approval of the Preliminary Plan. He also asked about the dates on the plans and drawings and what had been presented that evening. Solicitor Sypole noted that it is a combined application and that the Planner has certified that everything has been received for Preliminary. Mr. DeFrancesco does not believe there is enough information for approval of the Preliminary, he wanted additional site plans and information.
Chairman Millar asked if there were any further questions from the Board, hearing none he asked for any comments from the public.
PUBLIC COMMENT:
Frank Shea, Executive Director, Women’s Development Corporation, Pine View Apartments, 6 Pine View Lane, Exeter, RI stepped forward and was sworn in. He indicated that he felt that they had built to the plans, but if they had not, he would see that any discrepancies would be looked into and taken care of. His hope is that the screening that would be put in place would work for 12 months of the year. Also, that the lighting coming off the building will not impact the individuals at the Pine View Apartments. Questions regarding the retention pond and that it serves both properties. He had concerns about the evening events and how they might impact the residents of the Pine View Apartments.
Mr. Richard Marcello responded to Mr. Shea’s concerns. He noted that Exquisite Events does not handle any food or beverages with their business. That they supply high end event décor and lighting for special events throughout Rhode Island and beyond. Mr. Marcello noted that this is “clean industry” and will provide job opportunities.
After additional comments from Patrick Freeman and Mr. Marcello regarding the retention pond, Chairman Millar asked if there were any additional questions from the public? Hearing none, he entertained a motion to close the public hearing, Gina Thurn made the motion, seconded by Bill Haas, the Chair asked if there were any further discussion, hearing none a vote was taken, all in favor (5-0); the public hearing was closed.
Chairman Millar made a motion to accept the Planner’s recommendations, dated 11/22/23;
Under roman numeral VII, one through 14; Joe St. Lawrence seconded; Discussion ensued—Michael DeFrancesco wanted to understand that they would be voting on both the Master Plan and Preliminary Plan as submitted, but then, present stipulations or conditions for Final approval.
Planner DePasquale reminded them that the action would be issuing the waivers as part of Preliminary approval and that the Final has conditional approvals as noted in Recommendations 1 through 14.
Board member Michael Viveiros stated with regards to number 10 in the Planner’s recommendations, that he would encourage further review and further improvement of the elevations. He would encourage including downspouts, lighting and signage and consider the materials being used.
Chairman Millar asked for any additional discussion, hearing none, all those in favor of the motion, the motion carried (5-0). (Scott Millar, Michael DeFrancesco, William Haas, Gina Thurn, Joe St. Lawrence).
Chairman Scott Millar introduced this pre-application conference-comprehensive permit-major subdivision, Asa Davis, applicant and owner of the property located at 0 Ten Rod Road, Exeter, RI. He then asked Town Planner William DePasquale, Jr., AICP, to review his memo: Comprehensive Permit Major Subdivision; Pre-application Conference (Concept Plan) Plat 36 Block 2; Lot 2; “Solicity Project” – 120 housing units, with a minimum of 25% or more housing units being affordable units being affordable units per R.I.G.L. 42-128-8.1 (d)(1), including a 5MW solar project servicing the dwellings; Dated November 21, 2023.
The Planner noted in his memorandum that the Pre-Application Conference was requested under the existing Comprehensive Permit statute contained in the Exeter Zoning ordinance APPENDIX A – ZONING Sec. 1.4.4.E.3 (b), which allows an applicant proposing a major subdivision to: “…schedule with the administrative officer a pre-application conference before the local review board…but such a conference is not mandatory under these regulations…” “Upon receipt of a request by an applicant for a pre-application conference, the municipality has 30 days to schedule and hold the pre-application conference…” To this end, the applicant submitted a request for a pre-application (concept plan) on October 24, 2023, and the application was certified on November 1, 2023.
The Planner continued with an overview of the applicant’s property. That the property is situated on 109 acres of land, identified as Assessor’s Plat 36, Block 2, Lot 2, and zoned as RU-4. It is located at 0 Ten Rod Road in Exeter, RI. The property is currently mostly covered with forests and undeveloped. He noted that there is a wetland system present on the northernmost part of the lot.
Planner DePasquale indicted that Mr. Davis is proposing to construct 120 housing units, with a minimum of 25 percent or more housing units being affordable units per R.I.G.L. 42-128-8.1(d)(1), (the actual number of affordable units is yet to be determined).
He then reviewed in his memorandum the details of the Submission Requirements, and that consultants would need to conduct peer review for technical assessment of civil engineering, which includes stormwater, wastewater, potable water, traffic, solar field interconnections, site design, impact assessments, and building design, etc.
The complete list for areas of review can be found on Page 5 of the Planner’s Planning Memorandum, Dated: November 21, 2023.
He also included in his memorandum the Criteria for Decision-Making Sec. 1.4.3(g) Pages 5 and 6.
The Planner made a special mention with regards to the upcoming changes to both the state and local statutes regarding comp permits effective January 1, 2024.
Chairman Millar then recognized Mr. Asa Davis who stepped forward and noted that he is allowed to submit documents at a public meeting if the secretary is present and then included seven items to be added to the public record, they are as follows:
1. (A) The Providence Journal, Monday, March 27, 2023; Headline: Housing Market—What Will 700K Actually Get You?
(B) The Providence Journal, Saturday, October 1, 2023; Headline: RI home prices surge to record high in September
2. A letter from Asa S. Davis, III, 146 Beechwood Hill Trail, Exeter, RI 02822 sent to:
Lieutenant L’Heureux, Accident Reconstruction, RI State Police, 311 Danielson Pike,
North Scituate, RI 02857.
a. A Records Request made by Mr. Davis to Lynn Hawkins, Exeter Town Clerk
b. Letter to Lieutenant L’Heureux, Dated: February 2, 2022
c. Letter to Exeter Town Council, Dated: March 19, 2022; Subject: Call for Investigation—DPW Waster Shingle Project
d. Article: Gravel Road Stabilization Class
e. Article: Traffic Applications and ITS Network Solutions
f. Article: New England Construction: RIPWA Demonstrates Innovative Gravel Road Stabilization Process
g. Article: Unique Stabilization Solutions
h. June 2019 Work Report Exeter Public Works Department;
Stephen P. Mattscheck, Director of Public Works
i. Four Photo pages
j. Rhode Island Public Works Association—Gravel Road Stabilization Class
3. Tesla—Megapack—fire photo
a. Article: Data center fires raise concerns about lithium-ion batteries
b. Article: Tesla Megapack fire in Australia blamed on undetected coolant leak
c. Photo: FedEx Transport plane
4. Article: Reed & King Travel to Kyiv, Meet with Zelenskyy, & Examine Ukraine’s Efforts to Repel Russian Invasion
a. The Wall Street Journal; Monday, March 27, 2023; U.S. News A3; Housing Is Struggle for Some Ukraine Refugees
5. Chart: Alternatives
6. Handout: Exeter at a Glance: Who We Are Demographics…
7. Article: A Labor Strike Over Shoplifting—Seattle-area Macy’s workers say thieves jeopardize their safety, and the union walked out.
Applicant Davis noted that he would start his presentation followed by Salim Davis, his nephew. Mr. Davis then gave an overview of his educational background and service record. He then went on to give the Board background on his grandparents, parents and relatives noting that most all of the family have engineering backgrounds. He noted that he has done engineering for more than 40 years. That include pure mechanical, civil and road construction, building design and construction, software development, electrical hardware development, reliability engineering and failure analysis, power plant design, and now thanks to the town, accident reconstruction and road material analysis.
Salim Davis was recognized and he reviewed their conceptual engineering model plans.
Their presentation The Solicity Project covered the following topics:
a. Overview/Intro
b. Conceptual Model
c. Nonprofit
d. “Required” (Plan to Do)
e. “Want to Do” (Optional but preferable)
f. “Nice to Do” (Maybe)
g. Issues
h. Age Restricted
i. Solar Justification
j. Ethics
k. Summary
Board member Donna Di Donato asked about the elevation of the properties as it runs along Rt. 102 and Mr. Davis responded to her question.
Board member Michael Viveiros noted that the CAD model program places trees into the model and is just a concept not an actual depiction. They continued to review the concept plans for the new construction.
Sam Hemenway, Engineer with Garofalo & Associates, Inc., 85 Corliss Street, Providence, RI 02904 was recognized. He noted that the property is approximately 109 acres and the number of units to be constructed on the property would be 120. Similar to a conservation development centralizing some development zones within the southernmost portion of the property. Elevations were mentioned and he described the property as a gently rolling property. The project that has been proposed will be served by OWTS systems. A series of public wells is being proposed. Noting that there would be a number of protected areas as required by the state. The primary development zone on the south portion of the site will be accessed from Estate Drive, a single entrance to a circulating road pattern. With a second emergency exit through the solar area on the property.
Chairman Millar asked the Board if they had any further questions, hearing none Mr. Davis continued with his presentation. He spoke about the nonprofit structure he is planning to use for the project. Mr. Davis noted that the Foundation’s tax returns are publicly available. He detailed a number of causes the foundation has aided.
(See Pages 4 and 5 of The Solicity Project presentation).
Mr. Davis then discussed his plans for the solar installation that would be a large part of the construction project. His complete comments and concepts can be found in The Solicity Project presentation on Pages 6 through 8. Mr. Davis went on to reference his #3 and #4 packet(s) he included at the beginning of his presentation.
Mr. Davis summarized his proposal stating that he thinks his project would be good for the town, state, and society as a whole. He noted that the approach may be new to the industry but that it’s not unique to Exeter. He recognized that there are 2-3 other projects along similar lines being proposed in neighboring towns. He stated that House Speaker Shekarchi has seen his proposal, and felt that his initial reaction was positive.
Chairman Millar asked the Board if they had any questions for Mr. Davis? Ms. Thurn asked for a timeline on the project—when would it be completed? Mr. Davis did not have a completion date at this time. Ms. Thurn noted that in the Town’s Comprehensive Plan there is a need for senior housing, and would Mr. Davis be willing to consider those needs in his plan? Mr. Davis noted that they would consider this. He referenced his item #6 “Exeter at a Glance” a handout from a CPAC Open House. He felt that there is an aging demographic problem in the Town of Exeter and he would not be interested in the project if it became age restricted.
Board member Michael DeFrancesco asked about the density and lot size—are they 4 acre lots? Mr. Davis indicated that it would be one, 109-acre parcel with condo units and rentals, owned by a nonprofit. Mr. DeFrancesco asked about “deed restriction” Solicitor Sypole noted a 30-year deed restriction. The question was asked if Mr. Davis would consider a 99-year deed restriction, Mr. Davis indicated that he would comply with the regulations in effect when they submit their application.
Mr. DeFrancesco asked Planner DePasquale about the Comprehensive Permit process. The Planner referenced his Planning Memorandum, Dated: November 21, 2023 and the Section on Page 5: Criteria for Decision-Making Sec. 1.4.3(g). The Planner noted that the Approved Affordable Housing Plan will change in January of 2024.
Steve Sypole stated that under the current statute, there is a list of approval criteria and a list of permissible reasons to deny a comprehensive permit application driven by the Town meeting their ten percent goal for affordable housing. He did note that he is not fully aware of all the new changes that will take place in January 2024.
Chairman Millar then asked the Board if they had any further questions or comments for Mr. Davis. Hearing none, Mr. Millar referred to the Criteria for Decision-Making as noted in the Planner’s memorandum and stated that the Board would need to find a positive finding for all of the criteria listed in order to approve a comprehensive permit request. He shared with the applicant that the Board would need clear and convincing evidence that would support why the Board should make a positive finding for the comprehensive permit. He noted that failing to do that, from his perspective, would make it very challenging for this project to go forward. He further stated that the Town currently does not presently allow utility scale solar in a residential area and that the applicant would need to address why the Town should make an exception in this particular case.
Mr. Davis acknowledged the Chair’s comments and asked if there were any additional comments or questions. Chairman Millar voiced concerns about community on-site wastewater treatment systems questioning who is responsible for fixing any problems. Mr. Davis stated that the entire project, including the land and the buildings, is envisioned to be owned by a nonprofit, one entity, and that entity would be responsible for maintaining water treatment concerns, etc.
The question arose, who pays the taxes? Mr. Davis stated that the owners of the buildings are liable to pay their portion and if they don’t, habitat would collect the taxes and see that they are paid.
Mr. Asa Davis noted that he is expecting changes going forward and Chairman Millar thanked Mr. Davis for his presentation.
Chairman Millar proceeded to review his memo that he had sent to The Exeter Town Council from the Planning Board; Re: Zoning Amendment Advisory Opinion; Dated: November 28, 2023. Chairman Millar in his memo to the Town Council included definitions that needed to be revised to be consistent with the Exeter Land Development and Subdivision Regulations. Mr. Millar felt there was a need to add development and performance standards which will become the new Section 6. He noted that he found one minor error in #7—need to change Sec. 4.7.2A—which reads—by development plan review and the draft that the council advertised should be changed to major land development. Planner DePasquale noted that he has a draft ordinance that will be in front of the council next week for their consideration.
Planner DePasquale explained what he would be sending to the Council: A packet that includes the memorandum from the Planning Board stating the Board’s recommendations and he also attached what functionally is what the code of ordinance would look like.
Chairman Millar made a motion to include everything in his memo (except minor & major) land development. Seconded by Michael DeFrancesco, all in favor, the Advisory Opinion will be sent to the Exeter Town Council; All in favor (5-0). (Scott Millar, Michael DeFrancesco, William Haas, Gina Thurn, Joe St. Lawrence).
Chairman Millar questioned if Larissa Brown had placed the final draft of the Comprehensive Plan on the website? Planner DePasquale indicated that a CPAC meeting will take place in January of 2024. He stated that the Elements that have been reviewed by the Board have been sent on to Statewide Planning. Chairman Millar noted that substantial changes had been made to some elements, such as Land Use, Natural Resources, Economic Development, etc. and would like to see that those changes have been made. Planner DePasquale invited Chairman Millar to contact Ms. Brown about updates.
Proposing a new Section 7 (Performance and Design standards).
On December 12, 2023 a Public Hearing is slated. The Planner has sent a letter to the Division of Statewide Planning, State of Rhode Island, One Capitol Hill, 3rd Floor, Providence, RI 02903; RE: Notice of Public Hearing, Proposed Amendments to the EXETER CODE OF ORDINANCES, APPENDIX B LAND DEVELOPMENT AND SUBDIVISION REGULATIONS; Dated: November 15, 2023.
Michael DeFrancesco made a motion to accept the minutes of October 24, 2023 as submitted. William Haas seconded the motion, a vote was taken, 4-0 with one abstention (Scott Millar). The October 24, 2023 minutes were approved. (Michael DeFrancesco, William Haas, Gina Thurn, Joe St. Lawrence).
Motion to adjourn made by Bill Haas, seconded by Joe St. Lawrence; voted all in favor.
MOTION PASSED. The meeting adjourned at 9:15 p.m.
Respectfully submitted,
Rebecca Lukowicz
M. Dixie Foisy
Planning Board Clerk