I.        CALL TO ORDER:

Chair Scott Millar called the meeting to order at 6:04 p.m.  

II.      PUBLIC COMMENT:

NONE

III.    OLD BUSINESS – PUBLIC HEARING:

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 County 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 Sec. 9.5 “Changes to recorded plats and plans.”

Chairman Millar introduced this application and asked for a motion to open the Public Hearing.  Gina Thurn made the motion; Donna Di Donato seconded the motion. The vote was all in favor (Scott Millar, Gina Thurn, Joe St. Lawrence, Michael Viveiros, Donna Di Donato). The Public Hearing was open.

Chairman Millar asked Town Planner William DePasquale to review his Planning Memorandum: South Trail Commerce – Change in Recorded Plan and SUP; AP 71, B4, Lot 3 – South County Trail; Zoned Business; 8.7 ac Total – Phase 1 3.49ac; Applicant Richard Marcello, Jade Investment Group, LLC, 2505 Boston Neck Road, Saunderstown, RI; Dated: June 17, 2024.

Planner DePasquale noted that the Board had in front of them a 14-page memorandum, that because this was a Unified Development Review he indicated that he had broken out the Action Items, Facts and Findings and Conditions and Recommendations. He broke out the extensive memorandum into the following sections:

Facts/Study

I-IV – Background and past approvals

V     – Current Proposal

VI    – Concerns and recommendations

VII   – Facts/Travel

Analysis Action 1

Unified Development Review

VIII – Unified Development Review – Special Use Permit

IX     – Unified Development Review – Conditions of Approval Special Use Permit

Analysis Action 2

Land Development Regulations change to a Final ROD (Recorded Plan) MLDP

X      – Change to a Final ROD (Recorded Plan) MLDP

XI     – Change to a Final ROD (Recorded Plan) MLDP – Findings of Fact

XII    – Waivers (former)

XIII   – Conditions of Approval Change to a Final ROD (Recorded Plan) MLDP and SUP

XIV   – Land Development Regulations Sec. 3.5. Required Findings

The Planner went on to review the history of South Trail Commerce located at 597 South County Trail, Exeter, RI. He noted that there was an agreement with the applicant to limit the actual uses of Building 1 to e-commerce and wholesale sales with no retail sales and in Buildings 2 and 3 limited to traditional contractor units and personal storage as it falls under Exeter’s Zoning Ordinance Section 2.4, “Zoning Use Table 2.4.1 (32),” with retail sales and/or services prohibited.

The Planner went on to review the current proposal change to Building 1 (Page 4 Planner’s Memorandum, June 17, 2024, V). Original approval for Building 1 was Zoning Ordinance Section 2.4 “Zoning Use table 2.4.1 (18), (19), (24), (25) and (26).”

The Planner’s proposed recommendation addressed user conflicts and ensuring that the approved conditions are in harmony with the surrounding land uses and intent of the original approval. That specific guidelines will be implemented to mandate that the overhead garage doors remain closed, except when users enter or exit Building 1. In addition, that the approved uses within Building 1 be reevaluated to ensure that they are in line with the approved parking allocation and are compatible with the surrounding land uses. He noted, and in response to concerns about user conflicts, the Planner recommended additional stipulations and conditions for approval, which would include the removal of Sections 2.4.1 (18), (24), and (25) as permitted uses in Building 1.

His memorandum followed with Facts/Travel (Page 5 Planner’s Memorandum, June 17, 2024, VII) from Preapplication through Final Record of Decision (ROD) Major Land Development Plan (MLDP) of June 28, 2023, book 609, Pages 127-138; followed by a request for Special Use Permit (SUP) for Building 1, May 20, 2024 and a request to change the recorded plat plans and alter the Final MLDP ROD.

The Planner then reviewed the first action the Board must take (Page 5 Planner’s Memorandum, June 17, 2024, VIII): Unified Development Review.

Under new State regulations the Unified Development Review authorizes the Planning Board, rather than the Zoning Board of Review, to approve a variance or a special use permit that is requested concurrently with an application for approval of a land development project. The purpose of the procedure is to provide a more efficient and less costly method of obtaining approval of development that requires zoning relief. (Or in this case a special use permit).

He followed with Unified Development Review – Special Use Permit -- Findings (Pages 5 and 6 Planner’s Memorandum, June 17, 2024, VIII) and continued with his Conditions of Approval for the Unified Development Review – Special Use Permit. (Pages 6 through 8 Planner’s Memorandum, June 17, 2024, IX).

Conditions of Approval are included for Buildings 1, 2, and 3. They include original recorded ZBR conditions of approval from the Exeter Zoning Board of Review (recorded decision August 5, 2022) with removal of original conditions marked by yellow strikeouts and new language highlighted and underlined.

The Chairman suggested taking action on the Special Use Permit (SUP) first before going forward with the second action which would be an assessment to change the Final Record of Decision (ROD). Solicitor Sypole noted that the statute for Unified Development Review does call for doing the zoning piece first. The Solicitor felt that the Planner’s memorandum covered all the necessary points for the SUP.

Chairman Millar asked if the applicant had anything to add.  Robert Marcello, Jade Investment Group, reviewed why they had come before the Board, followed by Richard Marcello. Richard Marcello’s comments were with regard to previous meetings pertaining to the planning of the South Trail Commerce development both with the Zoning and Planning Boards and their comments and reviews. He felt that there was some confusion regarding the contractor trade units. He felt that the initial intent was to have contractor trade units in Buildings 1, 2, and 3. Followed by restricting the “Uses” in Building 1, in addition to the contractor trade units, but requiring a certain type of wholesale company to use as their space, restricting retail use. Richard Marcello distributed to the members of the Board, (marked as Exhibit A), Page 4 from the ROD final Approval – Phase I Major Land Development, highlighting Section III: Recorded ZBR conditions of approval Exeter Zoning Board of Review (recorded decision August 5, 2022).

Richard Marcello continued to question the “Uses” of the spaces in Buildings 1, 2, and 3. He felt that the Planner is requesting to take away “Uses” that have already been approved. He felt that they have made many changes throughout the planning process, at the request of the Boards, in order to improve and complete the project at South Trail Commerce. He felt there were more than enough protections already in place.

Chairman Millar asked the Planner if Building 1’s “Uses” are the same as Buildings 2 and 3?

Planner DePasquale reviewed the facts and prior concerns that were noted in his Planning Memorandum, dated January 18, 2022, “as part of the master planning application, the Town Planner and Planning Board were desirous of grouping “actual uses” within separate building that would assist in adequate parking allocation, and mitigate nuisance, public safety, and user conflicts.” (Page 2 Planner’s Memorandum, June 17, 2024, III and IV). He went on to restate from his memorandum, “In working with the applicant, there was an agreement on limiting the actual uses of Building 1 to e-commerce and wholesale sales with no retail sales; and Building 2 and 3 to traditional contractor units and personal storage as it falls under Exeter Zoning Ordinance Section 2.4 “Zoning Use Table 2.4.1 (32),” with retail sales and/or services prohibited. Planner DePasquale noted how specific the ROD was with regards to Building 1, and Buildings 2 and 3. Chairman Millar thanked the Planner for his input.

Board member Gina Thurn asked Mr. Richard Marcello if they had more demand for contractor’s units then they originally thought? Mr. Marcello indicated, “No.”

Board member Michael Viveiros stated that the, “the record is the record” and that is where we should begin. He asked if there was a definition of personal storage versus storage? He felt that storing high-end cars is not objectionable. He felt there was a need to be careful about over reliance on restrictions that are not enforceable. Discussion continued with regards to

“Exhibit A” and the conditions set forth in the Record of Decision.

The Chairman wanted to return to the request for the SUP and the recommendations of the Planner. He asked if the Board members had any questions for the Planner? Gina Thurn had a question for Mr. Marcello, “If you had a choice between staying with it as it is written now or changing it to the modified language that Bill has presented that would allow some of the contractor storage, but eliminate some of the other “uses,” what would your preference be?”

Mr. Richard Marcello indicated that he would have to decide that question with his brother, who is his partner in the business. But, in his opinion, he would leave it as it is. Robert Marcello felt that for the most part he would like to see the requested SUP granted, however, some of the conditions and additional restrictions, that the Planner has recommended go in conjunction with the additional approval, most of which he has no issues with, one or two he may.

Following some additional discussion with regards to “Uses” it was decided that Building 1 shall include Exeter Zoning Use Table 2.4.1. Use Category (32) entitled – “Lumber, building materials, grain and feed storage yards, wholesale and warehouse facilities, including cold storage and shall also include contractor trade, business, and personal storage.

Discussion around Section 24 “Zoning Use Table 2.4.1 and what should remain or removed from this section. Mr. Robert Marcello indicated that changes within these zoning matrices allows for title companies to question what can and cannot be done within these buildings. The Planner stated that again he felt that the ordinance gave the Marcello’s a wide berth in the interpretation of the zoning ordinance.

Gina Thurn asked Mr. Robert Marcello if they were agreeable to the recommended changes proposed by the Planner in his June 17, 2024 memorandum after incorporating their requested changes? Mr. Marcello indicated yes.

Donna Di Donato asked the Planner if on Page 6 of his June 17^th memorandum under Section IX, number 2, did he mean occupancy as opposed to occupation? The Planner indicated yes, the copy should read: 2.  That all buildings and each unit obtain a Zoning Certificate prior to occupancy and use.

Chairman Millar made a motion to accept the Town Planner’s recommendations, per his memo, dated June 17, 2024; beginning on Page 5, VIII and continuing through Page 8, Section IX Unified Development Review – Special Use Permit – Conditions of Approval; including the following amendments: changing occupation to occupancy; deleting coal; changing the wording on IX (5) to: shall also include; and adding the words cold storage; correcting the incorrect June 28, 2024 date to June 28, 2023 were required; as well as including on Page 7, 14 (b) the maximum amount of oil that can be stored is limited to no greater than 55 gallons; and Page 8 (d) the maximum allowable quantity of flammable gas propane is limited to no greater than 20 pounds within a portable DOT-approved cylinder.

The Chairman asked if there was any further discussion, hearing none, he made a motion to close the Public Hearing on the Special Use Permit; seconded by Gina Thurn.  The vote was all in favor; the Public Hearing was closed. (Scott Millar, Gina Thurn, Joe St. Lawrence, Michael Viveiros and Donna Di Donato).

Chairman Millar then made a motion to accept the special use permit motion as amended; seconded by Gina Thurn. The vote was all in favor; the motion carried unanimously, 5-0

(Scott Millar, Gina Thurn, Joe St. Lawrence, Michael Viveiros and Donna Di Donato).

The Planning Board then conducted the second piece of the South Trail Commerce – Change in Recorded Plan for AP71 B4 L3 – South County Trail with Applicants Richard and Robert Marcello, Jade Investment Group, LLC.

Section X of the Planner’s memorandum South Trail Commerce – Change in Recorded Plan and SUP, Dated: June 17, 2024. Change to a Final ROD (Recorded Plan) MLDP.

The Planner explained that this piece was a Land Development Regulation, and that the Planning Board was now acting under Section 9.6 of the Exeter Land Development Regulations to changes of Recorded Plat Plans.

The Planner then explained the change to – Major Land Development Project ROD Approval – limited business storage and wholesale distribution (no retail sales) with the stipulations and conditions. Dated June 28, 2023, recorded in the land evidence records Book 609, Pages 17-138.

The request to change the permitted uses for Building 1, which includes Units 101 through 106, within Phase 1 of the South Trail Commerce Center, through a Special Use Permit which was approved with conditions and amendments. The increased activity allowed in Building 1 by the Special Use Permit (SUP) for this application is balanced by reducing the originally approved actual uses allowed in Building 1. Additional stipulations have been added to ensure that the activities in Building 1 will not negatively impact the neighboring multifamily development.

The Planner included in his memorandum his Findings of Fact (Pages 8, 9, 10) followed by his stated Conditions of Approval Change to Final ROD (Recorded Plan) MLDP and SUP,

(Pages 11, 12).

Approval will incorporate the Special Use Permit conditions along with the additional requirements noted on Pages 11, 12 and 13 under XIII, Conditions of Approval Change to a Final ROD (Recorded Plan) MLDP and SUP. His detailed required findings followed on Pages 13 and 14 of the Planner’s memorandum, dated: June 17, 2024.

Chairman Millar made a motion to accept the Planner’s recommendations from his memo dated, June 17, 2024 regarding a change to a final recorded plan under a major land development project. That the recommendations are accepted including his Findings of Fact under Section XI and Section XIII – Conditions of Approval including conditions that were approved under the Special Use Permit, with the addition of conditions 16 through 27 on Page 13; followed by Findings in the Affirmative, Pages 13 and 14. Joe St. Lawrence seconded the motion. A vote was taken and was all in favor; the motion carried unanimously 5-0

(Scott Millar, Gina Thurn, Joe St. Lawrence, Michael Viveiros and Donna Di Donato).

IV.    ADMINISTRATIVE:

A.     Zoning Board of Review: Tentative meeting on July 11, 2024 for Continued Appeals

B.      Future Meeting: Work Session on – Tuesday, July 9, 2024 at 6:00 p.m. (Draft Ordinance changes/Zoning Use Table)

Chairman Millar stated that he has spoken with the Ethics Committee on an advisory opinion and was given the approval to continue with the Land Development/Rural Residential Compound discussions.

He noted that there is an on-line training through the Ethics Committee, approximately 1 hour long. The information will be shared with the Board members on how to connect with this program. This program was also recommended by both Solicitor Sypole and Town Planner DePasquale, and possibly setting up a work session with the Ethics Committee.

V.      ADJOURNMENT:

Motion to adjourn made by Gina Thurn, seconded by Joe St. Lawrence; voted all in favor. 

MOTION PASSED.   The meeting adjourned at 8:04 p.m.

Respectfully submitted,  

Rebecca Lukowicz

M. Dixie Foisy

Planning Board Clerk