Town of Exeter, Rhode Island
PLANNING BOARD
675 Ten Rod Road
Exeter, R.I. 02822
401-294-2612
401-294-2592
Meeting Minutes
August 27, 2024
Minutes Approved: September 24, 2024
REGULAR MEETING
Members present: Michael DeFrancesco, Gina Thurn, Joe St. Lawrence, Robert Corriea and
Michael Viveiros
Members Absent: William Haas and Donna Di Donato
Staff present: Solicitor Steve Sypole, William DePasquale, Planner, Dixie Foisy, Clerk,
Acting Chair Michael DeFrancesco called the meeting to order at 6:04 p.m.
None
A. Unified Development Review, Special Use Permit Request for building one (to include: contractor trade, business, and personal storage), and a request for a change to a final recorded major land development plan and record of decision per the Exeter Land Development Regulations. Jade Investment Group, LLC, Applicant and Owner of property located at 597 South Country Trail, Exeter, RI; Zoned Business, and further designated as Assessor’s Plat 71, Block 4, Lot 3; a request for a special use permit for building one under Zoning Ordinance Article II Appendix A section 2.4.1.32 (to include: contractor trade, business, and personal storage) followed by a request for a change to a final recorded major land development plan and record of decision per the Exeter Land Development Regulations Sec. 9.5 “Changes to recorded plats and plans.”
Acting Chair Michael DeFrancesco introduced this item, then asked for a motion to open the public hearing; Gina Thurn made the motion, seconded by Joe St. Lawrence; a vote was taken and was all in favor. The public hearing was opened.
Acting Chair DeFrancesco explained the process to those present and then asked William DePasquale, Town Planner, to review his findings.
Town Planner DePasquale began by referencing his memorandum of July 16, 2024 (14 Pages) entitled: Project: South Trail Commerce – Change in Recorded Plan – as amended; Location: AP 71 B4 Lot 3 – South County Trail; Zone: Business; Acres: 8.7 Total – Phase 1 – 3.49 acres; in which he laid out the approval of South Trail Commerce and what the Board had approved as a part of a major land development project.
He then indicated that since that time there were several changes that the Town was made aware of, which included a utility transformer location change; finding that gas service was challenging, due to ledge on the site, and the decision to use propane gas with underground tanks. Buildings 2 and 3 will share a 1000-gallon underground tank and Building 1 will have a separate 500-gallon tank; at the request of one of the potential owners, they requested an outside freezer location, under 200 square feet, not on the original plan. Accordingly, Jade Investment requested a change in the modified plan and with any change to a recorded major land development, a public hearing is required
Mr. DePasquale asked the Planning Board to look at the revised site plans and offer any outstanding concerns they might have. The Planner then reviewed his additional suggestions with the Board. He proposed a vinyl white fence around the freezer, screening around the utility transformer location. Lastly, he stated that an abutter had concerns about the underground tanks becoming an environmental concern. He asked the Fire Marshal and Fire Chief to weigh in if they have any concerns.
The Town Planner recommended approval with the following additional conditions based on the facts and findings included in his July 16, 2024 memorandum as follows:
30. It is stipulated that no alternative use or structure shall supersede the outdoor freezer once it becomes obsolete. The outdoor freezer is delineated in the revised site plan, bearing the date July 15, 2024, as part of the Proposed Development Plan for South Trail Commerce, prepared by American Engineering, 400 South County Trail, Exeter, RI endorsed by Patrick J. Freeman, a licensed professional engineer, and his stamp imprinted with a date of 7/15/24.
31. The outdoor freezer is to be enclosed by a 5-foot-high vinyl fence in order to provide a visually appealing screening solution. The outdoor freezer is delineated in the revised site plan, bearing the date July 15, 2024, as part of the Proposed Development Plan for South Trail Commerce, prepared by American Engineering, 400 South County Trail, Exeter, RI endorsed by Patrick J. Freeman, a licensed professional engineer, and his stamp imprinted with a date of 7/15/24.
32. The applicant is required to effectively conceal the transformer from view, ensuring it meets the satisfaction of the Administrative Officer. The transformer is depicted on the revised site plan, bearing the date July 15, 2024, as part of the Proposed Development Plan for South Trail Commerce, prepared by American Engineering, 400 South County Trail, Exeter, RI endorsed by Patrick J. Freeman, a licensed professional engineer, and his stamp imprinted with a date of 7/15/24.
33. State permits for propane tank installation must be provided to the Building Inspector and Town Planner before a Certificate of Occupancy is issued.
Mr. DeFrancesco asked Richard Marcello of Jade Investment if he had anything to add. Mr. Marcello stated that he was in agreement with each of the Planner’s recommendations and had no other concerns. Acting Chair DeFrancesco asked if anyone from the public had any comments.
PUBLIC COMMENT:
Asa Davis, 146 Beechwood Hill Trail, Exeter, RI
Mr. Davis stepped forward and read his prepared remarks. Please see attached.
With no additional comments from the public, Acting Chair DeFrancesco called for a motion to close the Public Hearing. Robert Corriea made the motion; Joe St. Lawrence seconded the motion. A was vote taken and was all in favor. The Public Hearing was closed. (DeFrancesco, Thurn, St. Lawrence, Corriea, Viveiros).
Acting Chair DeFrancesco then asked if the Board members had any additional comments or concerns. Robert Corriea made a brief comment with regards to the Planner’s recommendations agreeing with each of his proposed conditions.
Acting Chair DeFrancesco made a motion to approve the Jade Investment Group request for a change to a final recorded major land development plan and record of decision stating the Planning Board has reviewed the application and submission from American Engineering and have concluded that this proposal will not negatively impact the project that has already been approved. Approval will include the following conditions: a sunset provision for the outdoor refrigeration unit; placement of the transformer and propane tanks to comply with specified codes; additional requirements or needs shall be handled by the Administrative Officer; it is stipulated that no alternative use or structure shall supersede the outdoor freezer once it becomes obsolete; the outdoor freezer is to be enclosed by a 5-foot-high vinyl fence in order to provide a visually appealing screening solution; the applicant is required to effectively conceal the transformer from view, ensuring it meets the satisfaction of the Administrative Officer and State permits for propane tank installation must be provided to the Building Inspector and Town Planner before a Certificate of Occupancy is issued. The motion was seconded by Gina Thurn; a vote was taken and was all in favor, 5-0 (DeFrancesco, Thurn, St. Lawrence, Corriea, Viveiros). The motion passed.
B. CONTINUED *Preliminary/Development Plan Review: Rhode Island Grows, LLC, Applicant, and Tim Schartner/Zach Schartner, Owners of property located at One Arnold Place, Exeter, RI; Zoned RU-3 and further designated as Assessor’s Plat 52, Block 1, Lot 4, 5 & 6; a request for a proposed Greenhouse Tier III/CEA Facility, with the following list of waivers requested from the Town of Exeter Zoning Ordinance related to the application for Development Plan Review for the Property: §6.3(B) re: Proposed lot merger administrative subdivision; and, § 12.0(B1) re: Lot merger administrative subdivision checklist. *The preliminary DPR Greenhouse Tier III/CEA Facility project preceded the new state law definition of DPR that has recently been changed in 2024.
For the record, Michael Viveiros, Planning Board—Alternate member, recused himself from participating in the discussion of or taking official action relating to the above matter.
Acting Chair Michael DeFrancesco introduced the above application.
Before proceeding, Board Member Robert Corriea asked to speak. He stated that as a new member of the Planning Board, he had read every transcript with regards to this application, and has also reviewed exhibits submitted by the applicant and feels confident that he is qualified to vote on this issue. He also noted that he was very impressed with the work done by the members of the Planning Board in the past months, making this project the best version of itself. That the Board had raised concerns and requested changes along the way and the applicant had responded in kind. Mr. Corriea again stated that he feels he is adequately informed to vote on this matter before the Board.
Acting Chair DeFrancesco then turned the discussion over to Michael A. Kelly, Esq., representing Rhode Island Grows. Mr. Kelly gave a brief review of the Schartner application. He referred to the previous 2024 hearing dates that had taken place: January 23, February 27, March 26, May 28, July 23 and presently, August 27. Attorney Kelly then reviewed the topics that had been covered at prior hearings: the PAP permit (Physical Alteration Permit); sound and light considerations; air and water quality; retention and farm ponds and their capacities; the Town of North Kingstown granting permission to use their hydrant for fire protection; the landscape maintenance plan and the bond that will be posted for $100,000 to cover the plan for a period of five years; layout and design for the façade of the greenhouse; a circular drive allowing sufficient area for fire trucks and other emergency vehicles to navigate; approximately 70-80 employees with wages in the vicinity of $48,000-50,000; the $250,000 pilot fee paid to be paid to the Town of Exeter each year and bonded for the first year; having received all of the necessary DEM approvals; that the property does not require any Town services, except for fire and police; the waiver granted for the merger of the three lots; the fire variance requested from the State Fire Marshal although denied without prejudice the issues pertaining to this variance is currently being addressed; and that the conditions being required by the Town Planner have been agreed to by the applicant.
Acting Chair DeFrancesco acknowledged the correspondence received from Susan Hawksley, Exeter #1 VFD Fire Marshal. Mr. DeFrancesco then shared his own concerns regarding the ability of the Town’s Volunteer Fire Department to manage a large fire at this facility. He asked if there was a way for Rhode Island Grows, in a legal agreement, to hold the Town’s Fire Department “harmless” if a fire could not be contained. Mr. Kelly had no problem with that request and reiterated again that the facility will have the ability to protect itself.
Acting Chair DeFrancesco then turned the meeting over to Town Planner William DePasquale. Planner DePasquale felt it was important for the public to understand the process that has taken place and reviewed the travel of this application. He stated that this process began back in February of 2023 when the Town Council took up the issue of changing the zoning ordinance to address the different types of greenhouses, with this being the largest type of greenhouse deemed a Tier III, CEA. That the actual zoning ordinance was changed to allow this greenhouse in this zone, with the condition that a DPR be included in the process, and in addition, enhanced development standards which included a series of performance standards that were meant to test the applicant, and any other applicants, to make sure their proposal(s) are consistent with the Town of Exeter’s Comprehensive Plan and amenable for public health and safety.
He then reviewed the checklist from the zoning ordinance of special provisions. He noted that every single one of the elements within the special provisions needed to be met. The Planner highlighted the steps of the process and how each requirement was satisfied. A complete review of the Schartner RI Grows process can be found in the Town Planner’s memorandum: Schartner – Greenhouse Tier III/CEA Facility with the following list of waivers requested from the Town of Exeter Zoning Ordinance related to the application for Development Plan Review for the Property: §6.3(B) re: Proposed lot merger administrative subdivision; and, §12.0(B1) re: Lot merger administrative subdivision checklist. AP52 Block 1 Lot 4, 5 & 6; Rhode Island Grows, LLC, c/o Timothy Schartner; Dated: August 20, 2024. (Pages 1-17)
Susan Hawksley, Assistant Deputy State Fire Marshal for the Exeter #1 VFD was recognized. She began by stating that she has no connection to the Town of Exeter government. That the plan review process is ongoing and will be ongoing until the applicant receives a variance from the State Fire Safety Code Board of Appeal and Review. She stated that the Board did not grant a variance, however, this denial was granted without prejudice and the engineers for the project can, and are expected, to bring the request forward again. Once they have received their variance, as is requisite in her duties, consider this as a fire code compliant facility, and that she would be able to finish her plan review. She hesitates to use the words “approve this project,” but that she would state that the project is proceeding in accordance with the fire code. That she is in no shape or form upholding this application. She stated that she does not live in the Town of Exeter, that she lives in Warwick and has no personal stake in this process. Acting Chair DeFrancesco acknowledged that the project would need to comply with all the codes and the Town’s ability to provide a level of service to this facility and that these two issues should be kept separate.
Scott Gavitt, Exeter Fire Chief, Station #1, stated that under the heading of safety of workers that they would be unable to handle the size of this facility in the event of a fire emergency. That a search and rescue within this facility would require a grid search and that they do not have the manpower. Fire Chief Gavitt noted that Schartner has proposed standpipes and hydrants throughout the building and that he believes that they are making progress with each piece of fire protection added to the facility. He stated that with regards to any legal agreements he asked that he present them to his personal lawyer before agreeing to them. Chief Gavitt also noted that he had not seen any documentation from North Kingstown granting permission to use their hydrant(s).
Board Member Gina Thurn asked a question of the Fire Chief and Fire Marshal. “What, in any fire in Town, triggers a request for mutual aid, or are there parameters that you must meet before you can request mutual aid, if there aren’t enough resources?” Fire Chief Gavitt stated that he would simply indicate to dispatch that they are in need of more help. He noted that they have a “Tanker Taskforce” and we could receive as many as 30 trucks, but noted that they are also volunteer departments.
Acting Chair DeFrancesco stated that it was his understanding that the Board will vote on the Conditions of Preliminary Approval of this project and that the Conditional Final and Final Approval with Conditions would be handled by the Administrative Officer.
The Acting Chair raised the question of a fire agreement and Solicitor Sypole felt that if there was going to be a fire agreement with the fire department then there should also be one with the Town of Exeter. Attorney Kelly indicated that would not be a problem.
Board Member Robert Corriea shared that he was impressed by the latest artist rendering of what the building would look like from Route 2. That the designers had listened – and responded – to the Board’s request to make the building look like it belongs in Exeter rather than an industrial park in Anywhere, USA.
He asked what the developer plans to do as a part of the community, stating Schartner Farm has had a 122-year history in Exeter and was interested in knowing what the developer plans to do to continue that relationship? Mr. Corriea also talked about the name RI Grows, and suggested RI Grows at Schartner Farm in Exeter.
Robert Corriea also hopes that someone would be employed at the greenhouse to carry a title that suggests outreach to the community, such as a Farm-to-Table Supervisor or Community Education Coordinator. He feels it would be reassuring to know that a business employing the latest in agricultural technology would be reaching out to the local school district, working with the high school’s Future Farms of America Club and organizing educational field trips to the greenhouse, even offering internship programs for high school students.
Mr. Corriea also suggested that the Town’s Social Services Director should have a direct line to the Community Coordinator at the greenhouse. That she should be able to call up that person and say, I have families struggling. Can you donate some fresh produce – be it tomatoes, corn, blueberries or some of the harvest from the 5-acre fruit orchard. That he had read that there is currently a need for these donations. He went on to ask about the orchard and how would that be harvested. Will it be a pick-your-own – similar to the blueberries across the street? How will it be sold? How can we assure some of the fruits from that orchard are enjoyed locally? And if it is a pick-your-own you will need to provide off-street parking. He asked what role the Schartner family will have in the project once the sale of the land goes through?
Attorney Kelly addressed all of Mr. Corriea’s concerns and agreed with his input. He felt that they could do a DBA (DBA stands for “doing business as.” Referred to as a “trade name,” “assumed name,” or “fictitious business name.” The purpose of registering a DBA name is to notify the public that a particular person or business entity is conducting business under a name other than its legal name.) Mr. Kelly indicated that RI Grows/Schartner’s would indeed work with the local high school and the Town of Exeter to give back. He shared that Timothy Schartner will oversee the general operations, such as sales, etc. and that Peter Posk has been named CEO.
Board member Gina Thurn asked to modify the time frame associated with condition #20, the planting of the orchard, suggesting 120 days as opposed to 90 days. Mr. Kelly agreed with Ms. Thurn and thinks it’s a great idea.
Board member Joe St. Lawrence noted a couple of concerns with regards to life safety due to the size of the facility and ground water concerns as it relates to the Queen’s River area. Mr. Kelly asked to address Mr. St. Lawrences’ concerns. He referenced that going through the conditions, that there will be no construction, what so ever, until the life safety approvals are in place, including the greenhouse. Mr. Kelly also shared that the company is coming from Holland to build the facility and will require lead time in order to get their employees and materials here, and that they won’t be ready to commence construction until next May or June, possibly longer. He also addressed Mr. St. Lawrence’s groundwater concerns stating that they are very confident, based on their expert’s analysis, that there’s not going to be any effect on the groundwater.
Acting Chair DeFrancesco asked Town Planner DePasquale if anything that had been approved under preliminary approvals would go forward as final approvals. The Planner indicated that the construct of the conditions of preliminary approval are carried through in two forms. If it is a conditional of final it makes its way through the conditional final and the final with conditions. If it meets the standards then it clearly does not follow into the final. An example would be if DOT (Department of Transportation) issued a permit for a Physical Alteration Permit, then it would not carry to the next stage, because the burden would have been met. An example of a condition would be an operational condition, you can only have trucks from 7am to 7pm. The Planner explained it is structured so that you can carry a lot of the requirements to the conditional final, but once they are complete, they do not necessarily make it to the final with conditions. Mr. DeFrancesco noted that the conditions for approval are the ones that are on the checklist and as they are completed can be checked off. Those that refer to the project’s operational conditions should be kept separate when thinking of the conditions. The Planner then indicated that there are 34 stipulations.
The Planner then went through his Recommendation, followed by Conditions of Preliminary Approval:
Recommendation:
(Page 13 of August 20, 2024 Memorandum, William DePasquale, Schartner – Greenhouse)
Upon review of all the required enhanced review criteria and performance standards contained within the Exeter Zoning Ordinance and applying the facts and findings contained within sections II. Use/DPR, III. Review Criteria/Facts/Findings, V. LDR Required Findings and VI. Check List responses of this memorandum, the Planner recommend granting the Preliminary approval of this DPR with conditional Final approval by the administrative officer. The conditional final requires the merger of AP 52 Block 1 Lots 4, 5, and 6 to be officially recorded. Once the administrative merger is complete, the Planner recommend that the Administrative Officer process the final with conditions of approval.
A. Conditions of Preliminary Approval
(Pages 13, 14 of August 20, 2024 Memorandum, William DePasquale, Schartner – Greenhouse Tier III)
1. Shall be contingent upon receiving all pertinent federal, state, and local permits prior to the issuance of a building permit.
2. Subject to the approval of a variance from the RI Fire Safety Code Board of Appeal this shall be a condition of final approval.
3. Subject to RIDOT issuing a physical alterations permit (PAP) for the Route 2 South County Trail.
4. A Minor Source Air Permit is required as a condition of final approval.
5. The fire marshal and fire chief will provide stipulations and conditions for the final inspection, which will then be forwarded to the administrative officer for inclusion in the final approval and shall be a condition of final approval.
6. As a condition of approval, all lighting within the site and the greenhouse area must be maintained and managed to avoid negatively affecting the surroundings. The Town reserves the right to request additional measures to reduce lighting emissions if it's determined that the light significantly impacts the surroundings.
7. Noise shall not adversely affect the residential area during the day or nighttime hours, surpassing the established background noise levels as per the Exeter noise ordinance.
8. Hours of operations shall be limited for the loading of trucks to no later than 7 pm and no earlier than 7 am.
9. The proposed building includes an automatic snow removal system that pushes rooftop snow to the ground on the building sides. Snow buildup must be promptly removed and stored in designated areas or placed in the retention ponds.
10. The flood water elevation of Queens Fort Brook must be monitored to ensure that stream levels do not reach the infiltration ponds. If it is found that flood levels impact an infiltration pond, the applicant must install appropriate barriers or berms to prevent flood waters from reaching the infiltration ponds.
11. If the southern irrigation pond fails, the overflow will drain towards and through an abutter’s land. Typically, a controlled discharge overflow weir would control the discharge point. The designer has indicated that site constraints prevent a controlled emergency discharge but documented that any overflow, if it occurs, would pass through open land and away from any existing structure on abutting lands. The occurrence of overflow from the southern infiltration pond must be monitored and the applicant must be prepared to implement controlled diversion measures if impacts to abutting land can occur.
12. Annually, the inspection and action reports, as required by the project's Stormwater Operations & Maintenance Manual, are to be submitted to the Town Planner. If deficiencies are found, the applicant must take correct action to eliminate those deficiencies.
13. Upon project commencement, during construction, and upon its completion, a third-party review of the construction of the stormwater basins and collection ponds, encompassing soil erosion and sediment control, shall be conducted. The reports shall be submitted to the Building Inspector and Town Planner. The applicant is liable for the costs associated with these inspections.
14. The applicant shall record the stormwater operations and maintenance agreement in the land evidence record and furnish a recorded copy to the Building Inspector and Town Planner.
15. During times of high stream flow, and where possible, the facility operator is required to pump water from the farm pond into a retention pond. This should be done when the farm pond water levels are high, and it should be directed into a separate infiltration area. Alternatively, the water can be pumped into a separate lined pond during high stream flows in preparation for use during dry periods.
16. The owner is encouraged to collaborate with RIDEM USDA/NRCS to explore withdrawal options in accordance with "best management practices" that minimize adverse effects on the chemical, biological, and hydrologic characteristics of freshwater wetlands and the aquatic environment. Considering surrounding farms and land uses, the Town strongly recommends RIDEM's USDA/NRCS assessment of a Management Plan encompassing operational measures to mitigate potential adverse effects on surface water and groundwater levels.
17. Strict compliance with the building design and materials as drawn by Union Studios and included in the application in narrative and rendering. The construction must use all the materials and designs outlined for the facade of the building, as shown on the colored architectural plans presented to the Board. Prior to the granting of conditional final approval, the applicant shall provide a more detailed construction drawing of the building facade including specific materials that will be used.
18. The facility shall feature minimal signage and no advertising.
19. The orchard must be included in the landscape plan in its entirety (Exeter and North Kingstown) before conditional approval for the final plan can be obtained.
20. The orchard depicted on the landscape plan will be regarded as a screening element of the approved plan and is to be planted within 120-days (this was changed from 90-days) of receiving the temporary certificate of occupancy and maintained for the duration of the project. Any modifications will necessitate approval from the Planning Board.
21. All landscape screening and orchard plantings are to be considered as screening elements of the approved plan and must be maintained for the project's duration. Any alterations will require approval from the Planning Board.
22. Strict compliance with the updated landscaping plan, including screenings, plantings, and the fruit orchard as proposed in the application plan set and renderings presented to the board, is required.
23. Approval of a LANDSCAPE MAINTENANCE AGREEMENT is required for the maintenance, upkeep, and replacement of trees, screening, landscaping, and orchard trees. This agreement involves posting a $100,000 bond upon the issuance of the final site plan for the maintenance and replacement of the landscaping, which will be held for a period of 5 years.
24. The facility operations and design must ensure that the washing and organic disinfection that will occur to eradicate pathogens and contaminants will be properly contained/mitigated to avoid contamination of the area's waterbodies and/or groundwater.
25. All dumpsters and similar outdoor containers for trash or organics must be enclosed by a privacy fence designed for screening, which must be maintained throughout the project's duration.
26. All lights must be directed or shielded so as to avoid off-site light spillage and approved and maintained as dark sky compliant.
27. The Building Inspector shall NOT issue a permanent Certificate of Occupancy until the petitioner completes and submits an “As Built” plan to the Town Planner.
28. The Building Inspector shall NOT issue a building permit until the petitioner posts all required bonds directed in the conditions of approval.
29. The Building Inspector shall NOT issue a Certificate of Occupancy until the Fire Marshal/Fire Chief have inspected the site for compliance of the approved plans and design. Construction can only proceed after the Fire Marshal or Chief approves the plans and design within the scope of their responsibilities.
30. Peer Review Fees—All peer review fees will be paid upon closing and prior to the issuance of a final approval.
31. Pilot Fees – The applicant will post a bond/surety/cash for $250,000.00 for the Pilot Fees after the closing and prior to requesting a building permit for the ancillary buildings.
32. The CEA Tier III facility is the main use of the property, and no further development exceeding the maximum lot coverage specified in Exeter Zoning Code ARTICLE XIII - Maximum Lot Coverage of All Buildings, Section 13-1, is permitted. This includes no additional utility or large or medium-sized solar facilities as defined by the Exeter Zoning ordinance.
33. Additional information deemed necessary by the Administrative Officer necessary to process the conditional final and final with conditions.
34. The applicant is required to present the Planning Board with an operational update during a regularly scheduled public hearing for the facility annually for the initial 2 years and, subsequently, once every 5 years.
(4) Additional conditions added as follows:
35. The applicant and Exeter’s Solicitor will execute a legal fire agreement with Rhode Island Grows, to hold the Exeter Fire Department and the Town of Exeter “harmless” if a fire cannot be contained.
36. That a DBA be drawn up stating the name to be, RI Grows at Schartner Farm in Exeter. (The purpose of registering a DBA name is to notify the public that a particular person or business entity is conducting business under a name other than its legal name.)
37. That an employee of the greenhouse carries a title that suggests outreach to the community, such as a Farm-to-Table Supervisor or Community Education Coordinator and works with the Town’s Director of Social Services.
38. That Rhode Island Grows work with the high school’s Future Farms of America Club to organize educational field trips to the greenhouse, and to offer internship programs for high school students.
Additionally, the above #20 was revised from 90-days to 120-days as follows:
20. The orchard depicted on the landscape plan will be regarded as a screening element of the approved plan and is to be planted within 120-days of receiving the temporary certificate of occupancy and maintained for the duration of the project. Any modifications will necessitate approval from the Planning Board. Solicitor Sypole added that this change should be reflected in the Landscape Maintenance Agreement as well.
At this time, hearing no more discussion, Acting Chair Michael DeFrancesco moved to approve the Preliminary Plan of Development Plan Review with conditions and allow the Administrative Officer to issue Conditional Final requiring the merger and Final Approval with Conditions. The Final Approval with Conditions will only be granted after the merger of Assessor’s Plat 52, Block 1, Lots 4, 5, and 6 are officially recorded and all conditions of said approval are met. Upon review of all the required enhanced review criteria and performance standards contained within the Exeter Zoning Ordinance and applying the facts and findings contained within sections II. Use/Development Plan Review, III. Review Criteria/Facts/Findings, V. Land Development Regulations Required Findings and VI. Check List responses of this memorandum I make the motion that we grant the Preliminary approval of this DPR with conditional Final approval by the Administrative Officer. The conditional final requires the merger of AP 52, Block 1, Lots 4, 5, and 6 to be officially recorded. Once the administrative merger is complete, still move that the Administrative Officer process the final with conditions of approval. Referring to the Planner’s memorandum of August 20, 2024, that the 34 conditions of approval with the addition of 4 new conditions, for a total of 38 that the Administrative Officer conduct the final approvals. Gina Thurn seconded the motion. The vote was taken and was all in favor, 4-0 (M. DeFrancesco, G. Thurn, J. St. Lawrence and R. Corriea). The application was unanimously approved.
B. Conditional Final
(Page 15 of August 20, 2024 Memorandum, William DePasquale, Re: Schartner – Greenhouse Tier III)
1. Includes all “A. Conditions of preliminary approval.”
2. Subject to approvals from the Fire Marshal and Fire Chief, and additional stipulations that they may add after the preliminary approval this shall be a condition of final approval.
3. Requires the merger of AP 52 Block 1 Lots 4, 5, and 6 to be officially recorded.
4. The CEA Tier III facility is the principal use of the property, and no further development exceeding the maximum lot coverage specified in Exeter Zoning Code ARTICLE XIII - Maximum Lot Coverage of All Buildings, Section 13-1, is permitted. This includes no additional utility or large or medium-sized solar facilities as defined by the Exeter Zoning ordinance.
5. Any additional conditions and stipulations that may emerge from the preliminary hearing held on August 27, 2024, and those communicated by the Fire Marshal and Fire Chief.
6. The Administrative Officer will administer the conditional final.
C. Final Approval with Conditions
(Page 16 of August 20, 2024 Memorandum, William DePasquale, Schartner – Greenhouse Tier III)
1. Includes all stipulations contained in the “B. Conditional Final.”
2. Merger is completed and recorded for AP 52 Block 1 Lots 4, 5, and 6.
3. The building permit shall not be issued without approval from the Fire Marshal and Fire Chief and any additional stipulations they have after the preliminary approval will be a condition of the final site plan approval and would be required prior to the commencement of any construction on the site which would include the greenhouse itself and the accessory buildings.
4. No building permit shall be issued without a minor air source permit from DEM.
5. All conditions and stipulations contained within “A. Conditions of Preliminary Approval” and
“B. Conditional Final.”
6. No building permit will be issued for the accessory buildings (this does not include the greenhouse itself as it does not require a building permit) until the DEM air permit is received.
7. The Town will issue a temporary Certificate of Occupancy for its operation (not a permanent Certificate of Occupancy) but no permanent Certificate of Occupancy will be issued until the landscaping has been fully installed.
8. Upon the issuance of the final site plan review a bond will be posted in the amount of $100,000 for the maintenance and replacement of the landscaping which will be held for a period of 5 years.
9. Upon the issuance of the final site plan review a bond or surety will be posted in the amount of $250,000 to ensure payment of the pilot fee which would not be payable until one year after the facility is operating and actually producing tomatoes.
10. The CEA Tier III facility is the main use of the property, and no further development exceeding the maximum lot coverage specified in Exeter Zoning Code ARTICLE XIII - Maximum Lot Coverage of All Buildings, Section 13-1, is permitted. This includes no additional utility or large or medium-sized solar facilities as defined by the Exeter Zoning ordinance.
11. Final shall be completed by the Administrative Officer.
12. Subject to approval of a variance from the RI Fire Safety Code Board of Appeal, construction cannot resume on the site until this is obtained.
13. All waste shall be deposited in a covered dumpster and that the container shall remain covered at all times. Once the dumpster reaches full capacity, it shall be transported off site for composting purposes.
14. Hours of operations for truck loading shall be between 7 am and 7 pm.
A. Zoning Board of Review: No applications were received for a September meeting.
B. Meeting Minutes Approval: August 13, 2024
Acting Chair DeFrancesco asked for a motion to approve the minutes. Gina Thurn made a motion to approve the August 13, 2024 meeting minutes, as submitted. Joe St. Lawrence seconded the motion. A vote was taken and was all in favor, (4-0). The minutes were approved. (M. DeFrancesco, G. Thurn, J. St. Lawrence and R. Corriea).
C. Future Meeting: Agenda items for the Work Session on Tuesday, September 10, 2024 were discussed as follows: 1) Discuss Rules of Procedure, Election of Officers/Chair and Vice-Chair, and 3) Review and Discuss Zoning Use Table.
Motion to adjourn made by Robert Corriea, seconded by Gina Thurn; voted all in favor.
MOTION PASSED. The meeting adjourned at 7:55 p.m.
Respectfully submitted,
Rebecca Lukowicz
M. Dixie Foisy
Planning Board Clerk