I.                    CALL TO ORDER:

Chair Scott Millar called the meeting to order at 6:30 p.m.  

Board member Joseph St. Lawrence stated for the record that any new materials received from applicants must be submitted ten days prior to their application being heard. Thus, giving Board Members, an appropriate time to review all new submission materials. Chairman Millar concurred.    

II.                 PUBLIC COMMENT: None

III.               NEW BUSINESS:

A.     Pre-application for a 7-lot Minor Subdivision with a New Roadway: 2299 Post Road, LLC Applicant and Owner of property located at 0 Wolf Rock Road, Exeter, RI; Zoned RE-2/Business and further designated as Assessor’s Plat 79, Block 2, Lot 5; a request for a 7-lot minor subdivision with a new roadway with consideration for the development to be designed as a traditional subdivision or conservation development that may require waivers under the unified development review procedure.

Chairman Millar recognized Town Planner William DePasquale. The Planner reviewed his Planning Memorandum: WOLF ROCK ESTATES—Minor 7-Lot Subdivision with Street Creation, Conservation or Traditional Subdivision with a Public Hearing and Waivers; AP79 B2 L5; Dated: March 21, 2024. He stated that the applicant is proposing a minor 7-lot residential subdivision with a new roadway on Assessors Plat 79, Block 2, Lot 5 in the Town of Exeter, and that the project involves the further subdivision of the residual property (Lot 3) from the Graziano Plat Minor Subdivision, filed in 2022. Planner DePasquale explained that the project area covers approximately 28 acres and is situated north of Wolf Rock Road, immediately east of South County Trail (Route 2) on the south side of Exeter near the Richmond Town Boundary. His Planning Memorandum covered, Neighboring Zoning and Land Uses (Page 2); Site Conditions (Page 3); a Soil Survey (Page 3); the Proposal and Process (Page 4,5); Conservation Development, Yield Plan Conventional Development (Page 5); Waivers and Preapplication Observations (1-9) (Page 6).

Preapplication Observations:

1.       Create a clear and easy-to-read table for the Board that includes the dimensions, area, frontage, and building envelope (setbacks) for each proposed lot, as well as the requirements of the zoning ordinance and land development regulations. Then, a comparison table will be produced that shows any deficiencies and variances required.

2.       Produce a more detailed yield plan for a conventional subdivision that includes wetlands, wetland setbacks, building envelopes, and upland areas suitable for development. You must address the issue that conventional yield Lots 1 and Lot 2 contain many wetlands, which may make either or both lots unsuitable for development. The yield plan must specify the actual yield of these lots, deducting wetlands to support lots with adequate upland for the building envelope.

3.       As an option for consideration, designate one lot for a duplex designed to appear as a single-family home to accommodate 2 LMI units. The lot should be capable of supporting this dwelling along with an OWTS and drinking water well.

4.       Provide a comprehensive list of specific waivers needed to complete the buildout.

5.       The roadway design width and curbing require further analysis to ensure sustainability. While the proposed 50-foot-wide right-of-way (ROW) is substantial, I believe that a 40-foot-wide right-of-way (ROW) would be sufficient to accommodate the modest development. I also have concerns about the proposed 18-foot paved width of the roadway, especially during winter when snow piles up on the shoulder. In my opinion, a minimum 11-foot travel way for one-way traffic with a 22-foot-wide paved roadway would be a more suitable option, particularly in New England where roadways tend to accumulate snow on the shoulders. Even the conservative Stormwater Best Management Practice “Right-Sized Residential Streets” does not recommend road widths of less than 20 feet for two-way traffic. Therefore, I propose a 40-foot-wide right-of-way (ROW) and a 22-foot paved roadway for better functionality and sustainability.

6.       The pre-application design is missing areas dedicated to stormwater mitigation and retention, which must be accessible as they cannot be part of an individual lot or within the open space areas. This may result in a slightly smaller yield for the parcel.

7.       Please submit detailed design plan for the entrance and landscaping/hardscaping throughout the development. These plans should aim to blend in with the rural surroundings and create a sense of privacy for the development.

8.       Provide draft documents for the easement and preservation of the open space areas.

9.       Consider adding a sustainable nature trail throughout the open space for the residents, minimizing impact on the area’s natural systems.

Chairman Millar asked if the applicant had anything to add. Attorney Robert E. Craven, of Robert E. Craven and Associates, 7405 Post Road, North Kingstown, RI 02852; stepped forward as he was representing the applicants. Attorney Craven explained that they would speak to the wetlands and answer any questions the Board may have.

Samuel Hemenway, PE; Garofalo & Associates, Inc., 85 Corliss Street, Providence, RI 02904; stepped forward. Mr. Hemenway distributed a “revised” site plan (Marked as Exhibit A) and reviewed their plans for the proposed site. A Pre-Application Narrative (GAI PN 7421-00) was produced by Garofalo & Associates, Inc., for the Wolf Rock Estates Residential Subdivision, Map 79, Block 2, Lot 5; Dated: February 5, 2024; and distributed to the Board. Along with the narrative, the package included a number of attachments.

Chairman Millar asked Attorney Craven if they had any additional information to share? Attorney Craven indicated that they are looking to the Board for their input. Chairman Millar indicated that he prefers the conservation design, which is clearly consistent with the Town’s Comprehensive Plan, and encouraged them to pursue this option. Mike Viveiros asked how the clearing of the land would be handled and how they would keep the houses, to be built, connected to the land. Mr. Viveiros noted that it is not the easiest land to develop.

Jonathan Kent, applicant of 2299 Post Road, stepped forward and addressed their design plans to limit the clearing of the land as much as possible. He noted that their hope is to only clear half of each lot(s) to achieve their objectives. Mr. Kent indicated that the homes would be three or four-bedroom homes. Chairman Millar felt that a conservation development plan would be most effective and explained that with the conservation plan there is a 10-step design process that one needs to follow per the Town’s ordinance. Chairman Millar encouraged a low-impact design to the extent that they can.

Donna DiDonato asked Mr. Kent if his intent was to develop the land and to also build the homes, or asked if they were they planning to sell the lots and let each owner choose their own contractor, which would then leave the clearing of the land out of their control? Mr. Kent indicated that they would be doing all the work themselves.

Chairman Millar indicated that he agrees with all of the Planner’s preapplication observations in his Planning Memorandum, except for one. He agreed with reducing the right-of-way to 40 feet, but that the Town’s ordinance does allow for an 18-foot-wide road, suggesting the Board allow that. He stated that the number was vetted very carefully when the Town came up with the roadway numbers. He indicated that The American Association of State Highway and Transportation Officials (ASHTO) stated that two-lane rural travelled roads can be 18 feet wide. That the information was from a low impact development site planning and design manual put out by DEM, CRMC and noted that he was a part of that study. Eighteen-foot roadways over 20’ wide roads save the Town money over time.

William Haas indicated that he supports a 20’ wide roadway for Fire Department purposes. Joe St. Lawrence agreed with Mr. Haas on the 20-foot-wide roads. Donna Di Donato asked if the width of the road was just the flat part or including the berm? Mr. Kent stated it was just the flat part of the road. The question was raised if the road would be a public or private road? It was noted that a public roadway would include Town services.

Discussion with the applicant continued regarding keeping lots forested, adding amenities, playground, gazebo, etc. and possible homeowner association. Donna Di Donato noted that in the past some homeowners’ associations have fallen apart. Discussion continued.

Planner DePasquale stated that when you look at a traditional subdivision, generally it is a public roadway. But looking at past practice and process of a conservation subdivision, like in Foster and other communities, 90 percent of the time it is a private roadway. The homeowner’s association is then responsible for upkeep, maintenance, plowing, and the up keep of the conservation subdivision as a whole. His professional opinion would be to make the road private, with the homeowner’s association taking care of the subdivision as needed.             

The Planner asked the Chair to speak to LMI. Mr. Millar stated that he likes the idea of having a duplex included in the design. Attorney Craven indicated that they will come back with alternative plans.

IV.              OLD BUSINESS:

A.     *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.

It should be noted for the record, first alternate Board member, Michael Viveiros, recused himself from the RI Grows, LLC application/presentation.

Attorney Michael Kelly stepped forward to speak on behalf of the applicants. He apologized for sending in last minute information, explaining that he was not well last week and was unable to get this information to the Board in a timely manner.

Mr. Kelly indicated that they would be focusing on the architecture and landscaping of the project this evening. Copies of the suggested architecture were distributed to the Board. Mr. Donald Powers, AIA, LEED AP, CNU of Union (architecture and urban design firm) stepped forward and gave a PowerPoint presentation regarding the architecture of RI Grows and how it could be made to fit into the Exeter landscape. Mr. Powers was given the task to determine what they could do to make the highly engineered structure become more cohesive with the landscape of Exeter. Mr. Powers indicated that there was very little they could do to the 600-foot structure, but rather what they could do with the surrounding property. He stated that there are a number of concepts that can be done in front of the building by incorporating landscaping and architectural elements. Mr. Powers mentioned that Tim Schartner has a number of mature trees available to him, measuring 22 feet in height, that could be used, along with pergolas and other focal points of architectural design.

Mr. Kelly asked the Board if they had any questions for Mr. Powers, hearing none, Molly Titus came forward.

Molly Titus, PE, DiPrete Engineering, Two Stafford Court, Cranston, RI 02920 stepped forward to present her firms landscaping plans. Ms. Titus explained that their designs were based on actual plantings grown on the Schartner property and used in the landscaping design. The design plan is built on the existing land, parking lots and the new RI Grows structure. That out in front of the orchard area there are row crops of strawberries and that the front of the property will also include a working farm. Ms. Titus asked if there were any questions.  As there were no further questions, the Chair acknowledged Mr. Kelly.

Mr. Kelly indicated that they were unable to hold a meeting with fire department heads, but expected to meet with them next week. Chairman Millar asked Mr. Kelly if he had met with the State Fire Marshal in order to obtain certain variances. Mr. Kelly noted that they first needed to meet with the Town’s fire administration, before talking with the State Fire Marshal.

Board member Bill Haas asked about concerns that Sue Hawksley, Fire Marshal, had with fire safety on the property. Mr. Kelly noted that many of Ms. Hawksley’s concerns had been addressed and that they would be following up with her on any outstanding issues.

Planner DePasquale directed his questions to Mr. Powers with regards to the style of roof images that had been presented. Mr. Powers noted that the drawings were not prepared by his company, but were simply an attempt to show what the building could look like. 

Planner DePasquale then indicated that he will need to see specifics when it comes to landscaping and the types of materials being used in the build when submitting plans to the Town. 

Mr. Kelly mentioned that with regards to connecting with the North Kingstown water department, that it will not be a problem.

Board member Donna Di Donato questioned the use of arborvitaes, because they are not deer resistant. Ms. Titius indicated that there would be 102 Frasier Furs and 114 Techny Arborvitaes.

That they would be placed behind the orchard: Frasier Furs at the edges and the Arborvitaes closer to the building. Ms. Di Donato asked that they consider other species.

Chairman Millar then reviewed the next steps:

1.       Hydrology (third party)

2.       Fire concerns

3.       Probate/Merger of Lots

Mr. Kelly indicated that the merger is being stalled due to RI estate taxes. He stated that they have a meeting with the Town Fire Marshal next week, and the State Fire Marshal in early May. He hoped to be able to come back with the necessary information for the Board’s May 28^th meeting. The Planner indicated that the materials would be needed by April 22^nd.

B.      Discussion: Comprehensive Plan Next Steps

Chairman Millar reminded the Board that the Town Council continued the Public Hearing for the Comprehensive Plan to Tuesday, April 2, 2024 and he encouraged Board members to attend. He noted that this will not be a joint meeting, but there may be issues that the Board, as individuals, would like to address. While there may be amendments, Larissa Brown will then go into the body of the document and make the strike outs.

C.     Update: Zoning Study

Town Planner DePasquale was still looking for feedback from individual Board members.

Chairman Millar asked to place this item on the next work session agenda. Solicitor Sypole commented about the short-term rental issue. He spoke about a case in Newport and indicated that he has a lot of information from that case regarding their ordinance about how it works, how they enforce it, and the judges decision. Attorney Sypole will share the link with the Planner regarding the Newport case. Town Planner DePasquale spoke to the concerns around locations such as the Boone Lake area.

The second item the Planner brought up was from the Exeter Housing Municipal Technical Assistance Sub-Standard Lots Calculator versus Zero lot size memorandum, and asked the board to read the information regarding this subject. Chairman Millar asked that this also be placed on the next work session for further discussion. He stated that after reading this piece he was deeply offended by individuals within the State House who believe that towns like Exeter put in barriers to keep people of color out of their community.

The last topic the Planner discussed was the Exeter Zoning Approvals Guide, produced by Libra Planners for the Town of Exeter with technical assistance from RI Housing, for Planning Board members and Zoning Board of Review members. The Planner stated that he does not agree with this at all and asked for the Boards input.

Chairman Millar asked Mr. DePasquale about the status of the Ladd Center RFP. The Planner indicated that the RFP had finally gone out for the master plan and at the same time they are working on the design for a seventeen-bedroom women’s facility.

V.                 ADMINISTRATIVE:

A.     Zoning Board of Review: (1) application for dimensional relief on April 11, 2024

B.      Approval of Meeting Minutes:  February 27, 2024

Chairman Millar asked for a motion to approve the revised February 27, 2024 meeting minutes. William Haas made the motion to accept the revised February 27^th meeting minutes and was seconded by Joe St. Lawrence. All in favor, (5-0) the minutes were approved. (Scott Millar, William Haas, Gina Thurn, Joe St. Lawrence, Donna DiDonato).

C.     Future Meeting - Planning Board Work Session on April 9, 2024:

The following items were discussed for the next meeting; Comprehensive Plan status, Zoning Study Update, Rural Residential Compounds and 2024-2025 Budget for Planning Board and Town Planner.

VI.              ADJOURNMENT:

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

MOTION PASSED.   The meeting adjourned at 8:35 p.m.

Respectfully submitted,  

Rebecca Lukowicz

M. Dixie Foisy

Planning Board Clerk