I.        CALL TO ORDER:

Chair Scott Millar called the meeting to order at 6:03 p.m.  

II.      PUBLIC COMMENT:

Asa Davis, 146 Beechwood Hill Trail, Exeter, RI stepped forward and made a prepared public comment. Please see attached statement.

III.    OLD BUSINESS:

A.     Presentation and Discussion: LIBRA Consultants to review Zoning Study and Zoning Use Table.

Chairman Millar recognized Town Planner William DePasquale who gave a brief overview of LIBRA Planners, Municipal Planning Consultants.  He stated that they have been contracted by the Town of Exeter, to assist him with housing and zoning issues, as well as a number of other ordinance updates that are needed to meet the new state regulations. Introductions followed: Kim Salerno, Libra Principal; Peter Friedrichs, Municipal Planner, Policy Consultant; and Steven Irvine, Data Analyst and GIS Specialist.

Kim Salerno and Peter Friedrichs presented their PowerPoint presentation. Ms. Salerno indicated that their technical assistance included eleven specific tasks centered around ordinance and regulation changes; followed by Mr. Friedrichs updating the Board on each of the following eleven tasks.

1.       Inclusionary Zoning Ordinance

2.       Multifamily Housing Ordinance

3.       Use Table

4.       Ladd Center Ordinance

5.       Land Development and Subdivision Regulations Update

6.       Land Use Boards Zoning Approvals

7.       Land Use Boards Zoning Approvals Guide

8.       Modifications Ordinance

9.       Substandard Lots Ordinance and Undersized Lot Proportions Calculator

10.   Unified Development Review Ordinance

11.   Zoning Ordinance Notice

1. Peter Friedrichs began with Inclusionary Zoning Ordinance noting that the Town of Exeter used to have an ordinance for this but chose to remove it for the time being, and may decide to reinstate in the future.

2. Multifamily housing is currently a special use permit in some zones; the Planner interjected that it is for only two-family dwellings and a mixed village zone. Mr. Friedrichs stated that they will want to work with this Board and the Town Council to get a better idea of what kind of housing will be allowed in which zones and the idea of a multifamily housing ordinance is more for performance standards.

3. Peter Friedrichs stated that they have worked with the Town Planner on making updates to the Use Table and understands the Board has reviewed this as well.  He added that the special use permit criteria are an important piece as a lot of other municipalities are electing to remove as many SUP as possible, moving those “S” to “Y” and “N” and to become clearer to applicants about what is allowed and what is not.  Then definitions can be added and look at section 1.3 more closely.

4. With regards to the Ladd Center ordinance, Mr. Friedrichs stated that the Town Planner informed them that the Town is working with the State of Rhode Island to complete a master plan for this property.  As this is completed, zoning updates can be made to that area that allow it to implement the master plan through the land use ordinance.  Bill DePasquale added that they are out for RFP and look forward to see who will be bidding on this project.

5. The Land Development and Subdivision Regulations which is a big part of the work that the Planner and Planning Board does; this will be worked on upon completion of the zoning work.  There are other new changes that are also expected to be enacted.

6. Land Use Boards Zoning Approvals looks at how projects are approved and touches on a lot of different sections of the zoning ordinance.

7. Land Use Boards Zoning Approvals Guide is to promote proper oversight. Peter Friedrichs stated that they have been working with RI Housing about working on templates at the State level that would be helpful to gain an understanding of best practices in terms of how projects are considered and how a board operates.  Working on the second draft after reviewing the Boards feedback.

8. Mr. Friedrichs stated its important for the Board/Town Council to consult with the Town’s legal counsel regarding the “Modifications Ordinance.”  He stated that this applies to every dimension (building height, setback).  This will be left to the Town to make a policy decision and work with the developers when they come through.

9. Discussion ensued around Substandard Lots Ordinance and Undersized Lot Proportions Calculator with regards to pre-existing, nonconforming lots, undersized lots. The Planner asked what our options are and how does one get rid of undersized lots? Mr. Friedrichs offered a suggestion to change the minimum lot size, and make it perspective instead of retroactive. The example given was that every lot existing as of January 1, 2024 is conforming and any new lots created after January 1, 2024 has to meet the minimum dimensions, which in Exeter is currently two acres. Mr. Friedrichs will share language that has been created in both Pawtucket and Barrington regarding this subject.

10. Unified Development Review Ordinance newly required as of January 1, 2024; 1.3 General Provisions of the Zoning Ordinance and Section 6.2 of the Land Development Subdivision Regulations.

11. Zoning Ordinance Notice requires just a couple of revisions.

Chairman Millar noted that there are policy decisions to be made and one that jumped out to him was the question of nonconforming lots. He asked what the ramifications would be on the decisions that they might make. Kim Salerno offered to share what they had put together for Newport and Barrington and will offer suggestions that would help the Board in their decision making.

The Town Planner mentioned there are numerous pre-existing, nonconforming lots around Town

specifically, Boone Lake and Cedar Grove; this is an important issue to tackle. He also stated that

there was a need to update zoning uses – as soon as possible. He also stated that the special use

criteria is going to be a “bear,” and the need to deal with special use criteria for every single

actual use that is in the Zoning Use Code.  He also touched on the Inclusionary Zoning task.

Chairman Millar mentioned that multifamily housing is a big issue for him. He spoke about past attempts to implement a “Village” ordinance and his concerns for the availability of water to support multifamily developments. He felt the best area in Town for multifamily opportunities would be tying-in with the Ladd Center water supply. That the Town does own land just outside the Ladd Center that would support multifamily housing. Mr. Millar said that having random zones without the proper water supplies sets the Town up for failure.

Michael DeFrancesco was also concerned with the environmental concerns of undersized lots and the inability to drill a well. Ms. Salerno added that they understand the conservation and open space goals and wouldn’t want that to compete with the housing goals.

Further discussion took place around the Ladd Center being the Town’s water supply.  Planner DePasquale interjected noting the PFAS issues at the Ladd Center and also noted a water concern on a proposed development on Rt. 3 more recently.  In regards to the housing goals, the Planner added that the State will require multifamily housing of some type; we will need to find that balance. Peter Friedrichs indicated that there is a bill in front of the legislature right now that the State will be requiring multifamily homes in every town. Board member Gina Thurn asked, what is the bare minimum compliance needed to meet the States standards when it comes to multifamily housing? Mr. Friedrichs noted that it is probably 3 to 4 units, including the ADU law requirements. It was acknowledged that the property near the Ladd Center continues to make the most sense for multifamily units.  Further discussion ensued regarding multifamily housing and density.

Chairman Millar suggested the use of diagrams and visuals in order to educate the public. Discussion to be continued when the LIBRA Planners return to meet with the Planning Board soon.  Chairman Millar asked if it was possible to have performance standards in the use table?

Mr. Friedrichs recommended keeping them as performance standards and not criteria. Further discussion ensued regarding performance standards.

B.      Continued Discussion: Rural Residential Compounds, Private Roads and Road Standards.

For the record, Scott Millar, Chair of the Exeter Planning Board, recused himself from participating in the discussion or taking official action relating to Rural Residential Compounds.  Additionally, William Haas, Exeter Planning Board member, recused himself from participating in the discussion or taking official action relating to Rural Residential Compounds.

Chairman Millar explained to the Board that he had chosen to recuse himself from the discussion on Rural Residential Compounds because he had a conversation with the Ethics Commission. He shared that they asked Mr. Millar to apply for an advisory opinion due to the activity going on in Town with regards to ethic allegations.

Discussion continued and it was suggested that this topic be placed on the Planning Board’s upcoming agenda with the guidance and advice from Solicitor Sypole.

Board member Gina Thurn made a motion to table this discussion to a future meeting with a quorum and the question of participation is clarified. Seconded by Acting Chairman Michael DeFrancesco.  A vote was taken with all in favor (3-0). (Michael DeFrancesco, Gina Thurn and Joe St. Lawrence).         

IV.    ADMINISTRATIVE:

A.     Approval of Meeting Minutes:  May 28, 2024

Acting Chair DeFrancesco made a motion to approve the May 28, 2024 meeting minutes, as submitted. Joe St. Lawrence seconded the motion. A vote was taken with all in favor, (3-0).  The minutes were approved. (Michael DeFrancesco, Gina Thurn, and Joe St. Lawrence).

B.      Future Meeting: Planning Board Regular Meeting – Tuesday, June 25, 2024 at 6:00 p.m.

V.      ADJOURNMENT:

Motion to adjourn made by Bill Haas, seconded by Gina Thurn; voted all in favor. 

MOTION PASSED.   The meeting adjourned at 7:15 p.m.

Respectfully submitted,  

Rebecca Lukowicz

M. Dixie Foisy

Planning Board Clerk