Town of Exeter, Rhode Island
675 Ten Rod Road
Exeter, R.I. 02822
401-294-2612
401-294-2592
PLANNING BOARD
Meeting Minutes
July 23, 2024
Minutes Approved: August 13, 2024
REGULAR MEETING
Members present: Michael DeFrancesco, William Haas, Gina Thurn, Joe St. Lawrence, Robert Corriea, Michael Viveiros, Donna Di Donato
Members Absent: None
Staff present: Solicitor Steve Sypole, William DePasquale, Planner, Dixie Foisy, Clerk,
Olivia DeFrancesco, Council Liaison
Acting Chair Michael DeFrancesco called the meeting to order at 6:00 p.m.
Asa Davis stepped forward and read a prepared statement.
A. Request for a change to a final recorded major land development plan and record of decision (Amended site plan dated July 15, 2024) - regarding 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, the request for a change to a final recorded major land development plan and record of decision per the Exeter Land Development Regulations Sec. 9.6 “Changes to recorded plats and plans.” The applicant is requesting approval for modifications to the site plan that was originally submitted to the Planning Board at their meeting on June 25, 2024. The modified site plan includes the addition of locations for an outdoor freezer, an underground propane tank, and a utility transformer.
Acting Chair Michael DeFrancesco introduced this item under Old Business and asked Town Planner William DePasquale to review his memo: South Trail Commerce – Change in Recorded Plan – as amended; AP71 B4 L3 South County Trail; Dated: July 16, 2024 --
(Pages 1-14). The Planner reviewed with the Board members that after the Planning Board meeting of June 25, 2024, at which the Planning Board approved a change to a Final ROD (Recorded Plan) MLDP – “LDR Sec. 9.6 – Changes to recorded plats and plans,” specifically the site plan dated June 28, 2023, and was then recorded in the land evidence records, Book 609, Pages 127-138. That a site visit by Building Inspector Ronald DeFrancesco, identified as-built conditions that were not originally included on the approved plan.
Planner DePasquale indicated that the petitioner is seeking modifications to their final plan for South Trail Commerce. He noted that the revised site plan, of July 15, 2024, is titled “Proposed Development Plan for South Trail Commerce” for the property located at Pole 36 South County Trail, Exeter, RI. The Planner stated that the revised site plan had been prepared by American Engineering, Inc., 400 South County Trail, Suite A201, Exeter, RI. That Patrick J. Freeman, a professional engineer, endorsed the plan and stamped it with the date of July 15, 2024.
The Planner then reviewed the revised site plan, dated July 15, 2024, which included the following revisions (Page 2):
1. Utility Transformer
2. Propane Tanks
3. Outdoor Freezer
Under Section III. Analysis, he stated that in previous memoranda to the Board, it had been emphasized that the primary concern was enforcing unauthorized land uses on the subject property. Specifically, that a large outdoor freezer which had been built on the subject property in an area not designated for such use. Also, in addition, there were several changes to the transformer location, and that the gas service was changed to propane gas with underground tanks because the site conditions contain ledge. (Two tank locations. Buildings 2 & 3 will share a 1000-gallon underground tank, and Building 1 will have a separate 500-gallon tank as shown in the revised Plan).
In the Planner’s July 16, 2024 memorandum, he included the following: American Engineering’s letter addressing stormwater mitigation requirements and freshwater wetlands requirements for the existing outdoor freezer located on the subject parcel, to the Planning Board. (Page 3). He followed with his recommendation:
“I have reviewed the application and submission from Patrick J. Freeman, PE, of American Engineering, Inc. Mr. Freeman concludes that the freezer/pad will not negatively impact the stormwater management system as designed and is exempt from the requirement to apply to RIDEM wetlands. My recommendation would include a sunset provision for the outdoor refrigerator unit, as this use was not originally contemplated in the past approvals. Other mitigating measures are also suggested for the placement of the transformer and propane tanks.
The administrative officer recommends approval with additional conditions based on the facts and findings included in the memorandum and in attachment “A”.” (Pages 5-14). Attachment A contains everything that the Planning Board had previously approved.
Followed by the Planner’s additional conditions:
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, 400 South County Trail, Pole 36, Exeter, RI; American Engineering, Inc., 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, 400 South County Trail, Pole 36, Exeter, RI; American Engineering, Inc., 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, bearing the date “July 15, 2024, as part of the Proposed Development Plan for South Trail Commerce, 400 South County Trail, Pole 36, Exeter, RI; American Engineering, Inc., 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.
The Planner also recommended adding a modification stipulating that the Fire Chief and Fire Marshal inspect the propane tanks both before and after installation.
Acting Chair DeFrancesco asked the applicant if they would like to respond. Mr. Richard Marcello stated that he has no objections to the recommended changes proposed by Town Planner DePasquale.
The Chair opened the floor to questions from planning board members. Robert Corriea asked for clarification of Letter D under 14 from Attachment A regarding the maximum allowable quantity of flammable gas (propane) is 20 pounds within portable DOT-approved cylinders. The Planner stated that this referred to containers within the storage unit(s).
Acting Chair DeFrancesco asked Solicitor Sypole for his legal opinion regarding changing a previously final plan. (Land Development Regulation 9.6—Changes to recorded plats and plans)
Solicitor Sypole noted that the subdivision regulations do allow for changes to a recorded final plan. But that they must be approved before building permits can be issued and before construction on the property can begin.
Planner DePasquale explained that this had originally come under unified development, which included two aspects, one being all the zoning uses and secondly the actual site plan. That the piece being revised is the modification of the original site plan. Solicitor Sypole again noted that changes can be made. That the administrative officer can approve minor changes and that the Planning Board would need to approve major changes. The Planner indicated that these changes are considered major.
Solicitor Sypole stated that major changes would require approval by the Planning Board and would also require a public hearing (9.6c). That this evening’s meeting was not advertised as a public hearing. The Solicitor stated that out of an abundance of caution, he would recommend advertising this change and holding a public hearing; and that this application be added to the next regular Planning Board meeting of August 27, 2024.
Gina Thurn noted for the record that on the evening’s agenda (Tuesday, July 23, 2024) that the Exeter Land Development Regulations Sec. 9.5 under Old Business A, should be changed to Sec. 9.6.
Board member Gina Thurn made a motion to continue the Request for a change to a final recorded major land development plan and record of decision (Amended site plan dated July 15, 2024) - regarding 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 to the next available Planning Board Meeting of August 27, 2024 in order to hold a public hearing. Joe St. Lawrence seconded the motion. A vote was taken and was all in favor, 5-0 (Michael DeFrancesco, William Haas, Gina Thurn, Joe St. Lawrence, Robert Corriea).
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.
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 and then turned the discussion over to Michael A. Kelly, Esq., for Rhode Island Grows. Mr. Kelly noted that RI Grows had received the Rhode Island DEM permit for the project’s OWTS.
Mr. Kelly recognized Robert Corriea who had recently been named to the Planning Board as a new member. Mr. Kelly stated that according to RI State law a member who has not attended all meetings, may in fact sit on the board and participate in decision(s) if he or she has read the transcripts and reviewed the exhibits pertaining to the matter. Mr. Corriea indicated that he has reviewed some of the required documents, but will read all transcripts in order to comply.
Mr. Kelly distributed a packet to Planning Board members. He stated that RI Grows has received their septic permit; but was not sure why they hadn’t received the DOT PAP (Physical Alteration Permit). Mr. Kelly indicated that RI Grows has also obtained approval from North Kingstown Fire to tie into the town fire hydrant for fire safety purposes, only. Regarding Exeter fire department approval, Mr. Preiss, PE, of G. W. Preiss and Son, fire protection specialist, indicated that they have filed the application for the required variance, with a hearing scheduled for August 20, 2024 and he is confident they will be granted approval.
Mr. Kelly stated that Mr. Robert Ferrari (Northeast Water Solutions, Inc.) was expected to prepare the water management plan, but had become very ill, was hospitalized and is now at home recovering. Mr. Ferrari has indicated that he will have the plan completed within the next two weeks. With regards to the landscaping agreement, which they have agreed to, Mr. Kelly stated that it is presently being put together. Mr. Kelly also noted the request to post some type of surety bond and pilot fees as required by the ordinance.
Attorney Kelly then referenced a letter received from ALL4, a full service Environmental, Health, and Safety consulting company, regarding Rhode Island Grows’ Air Permit Application. John Hinckley, Sr. Managing Consultant ALL4, indicated in his letter, to the Planning Board, dated: July 23, 2024, the status and timeline of the Minor Source Air Permit application to be filed with the Rhode Island Department of Environmental Management (RIDEM) for combined heat and power equipment to be installed and operated at 1 Arnold Place in Exeter, RI.
In Mr. Hinckley’s letter he noted that the application will qualify for RIDEM’s expedited review process specified under Regulation 9.7.8 for the Rhode Island air pollution control regulations and will take an estimated three to six months for the RIDEM to process and that ALL4 is prepared to submit the application.
Mr. Hinckley concludes, in his letter, that based on the company’s experience, communication with RIDEM, and the technical work completed for the application, ALL4’s opinion is that the facility will be permitted as a minor source of air emissions.
Mr. Kelly stated that financing for this project will be terminated at the end of September 2024 and asked the Board to make a condition of the site plan review decision, the development plan review decision, that no building permit be issued until such time that the air permit is issued. Noting that it would be approximately one year before they will be in line for a building permit, and should receive the air permit within the six-month timeframe. That this would be one condition in a list of others.
Solicitor Sypole questioned that the building permits would come from the State not the Town?
Mr. Kelly noted that the greenhouse does not require the building permit, that the ancillary buildings will require building permits from the Town of Exeter.
Acting Chair DeFrancesco made a motion to add this requested condition to the required list of conditions for final approval the fact that the Board will waive the time it will take to receive final approval for the air permit(s) from RIDEM. Gina Thurn seconded the motion, (William Haas abstained; voted in favor: DeFrancesco, Thurn, St. Lawrence, and Corriea).
Town Planner DePasquale asked to briefly review the Planning Board Worksheet that he distributed to the Board. The Planner noted that he developed this checklist to make it easier for the Board to review the 30 criteria that are within both Article 1, Section 1.4 and the old development plan review, 2.5. That on Pages 3, 4 and 5 are the topics that will be reviewed and determined as to one of the following decisions: Compliant—Yes-Y, w Cond-YC; or No-N.
Donna Di Donato asked the status of the probate? Mr. Kelly indicated that the probate issue is a question of money that will be resolved at the closing, according to Mr. Donnelly, the attorney of record. Ms. Di Donato wanted it noted on the record that she has been asking for months about the probate issue and has difficulty getting over the first step that the applicant that is noted on the application is not the real applicant. That until this transfer is made, legally through the probate court system, the claimed applicant is no longer with us and the proposed applicant, in her opinion, does not have standing and that causes her concern. She recognizes that Mr. Kelly has been trying to get to the bottom of this issue. Mr. Kelly indicated that RI Grows has a binding purchase and sales agreement for the property and for the rest of the property, as well.
Solicitor Sypole noted that there can be a difference between owner and applicant. Ms. Di Donato still questioned ownership of the property. Solicitor Sypole stated that an example would be the solar projects, where the applicant is the solar company and the land is leased by the owner. Mr. Kelly noted that one of the Schartner sons is the executor of the estate and once the issue of estate taxes, owed to the State of Rhode Island, is handled ownership of the property will be transferred to RI Grows. Ms. Di Donato asked for the estimated closing date? Mr. Kelly stated, three months following the Town’s approval. Board member William Haas noted that he felt the final paragraph of Mr. Kelly’s letter, dated: July 17, 2024 is a threat in the absence of the Planning Board’s approval of the RI Grows project. Further discussion ensued.
C. Continued Discussion and/or Possible Action: Draft Changes to the Zoning Use Table, Exeter Zoning Ordinance Article II, Section 2.4.
The Planner noted that he has received a number of replies regarding the Zoning Use Table from members of the Board and asked that the remaining members send their comments on to him, so that he can compile the information. Acting Chair DeFrancesco asked that in order to proceed with the Zoning Use Table, members needed to complete their responses and send them on to the Planner who will then issue the Board’s recommendations to the Council at a future meeting.
A. Zoning Board of Review: August 8, 2024 – (1) request for dimensional variance
B. Meeting Minutes Approval: Acting Chair DeFrancesco asked for a motion to approve the minutes. Bill Haas made a motion to approve the July 9, 2024 meeting minutes, as submitted. Gina Thurn seconded the motion. A vote was taken, all in favor, (6-0). The minutes were approved. (Michael DeFrancesco, Bill Haas, Gina Thurn, Joe St. Lawrence, Robert Corriea and Michael Viveiros).
C. Solicitor’s Report: Discussion regarding Planning Board “Rules of Procedures”
Solicitor Stephen Sypole reviewed the By-Laws/Rules of Procedure of six or seven other local cities and towns. He believes that having Planning Board Rules of Procedure “fills in the gaps” that may not be covered elsewhere, such as in state statutes, town land development and subdivision regulations or the town’s charter. After reviewing the current Rules of Procedure for the Planning Board he noted that under Planning Board Officers and Their Duties: Section 1.6.A it states that the Chairperson can compel attendance of witnesses and Attorney Sypole did not feel the Chairperson actually had that power; noting that the Zoning Official does hold that authority.
He also noted that under Meetings of the Planning Board: Section 1.9.E, the meeting start time should reflex the change to 6:00 pm and under Section 1.9.I, it states that, “both alternate members shall sit and vote upon invitation of the Chairperson.” Solicitor Sypole felt that there should be a clear rule as to when the alternates can vote. He recommended that if one board member is absent, then the most senior alternate should vote, and if two board members are absent, then both alternates shall be asked to vote.
Under Repetitive Applications and Withdrawals Section 1.11 Solicitor Sypole questioned the Board’s authority to prohibit excessive applications. Sypole asked if the Board would like him to review and draft revised Rules of Procedure. The Acting Chair suggested moving this discussion to a future meeting and asked the solicitor to recommend his changes. Solicitor Sypole asked if the Board would like to continue having the Public Comment section stay on the agenda, he stated that they are not required to have this as part of their meetings. Discussion continued regarding Rules of Procedure for the Planning Board.
D. Future Meeting: Agenda items for the Work Session on Tuesday, August 13, 2024 were discussed as follows: 1) Election of Officers, 2) Review and Discuss Rules of Procedure, and 3) Review and Discuss Zoning Use Table.
V. ADJOURNMENT:
Motion to adjourn made by Bill Haas, seconded by Joe St. Lawrence; voted all in favor.
MOTION PASSED. The meeting adjourned at 7:24 p.m.
Respectfully submitted,
Rebecca Lukowicz
M. Dixie Foisy
Planning Board Clerk