I.        CALL TO ORDER:

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

II.      PUBLIC COMMENT:

III.    OLD BUSINESS:

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

Chairman Millar moving the agenda forward went on to continue the discussion on Rural Residential Compounds, Private Roads and Road Standards. He indicated that he had sent out a revised copy of the draft, Revised Residential Compound, Dated: 5-22-24. Chairman Millar reviewed the differences from the former ordinance to his revised draft. He noted the principal differences would be the density of lots and that private roads would be limited to rural residential compounds. He added that property owners would have several options when developing their land; as a conventional or conservation development, both requiring a Town accepted road, or a rural residential compound which would allow house lots on a private road or common driveway. That fifty percent of their property must be permanently conserved as open space, and that the remaining undeveloped land cannot be further developed.

Board member Michael Viveiros revisited the Boards previous discussion that even if it were a private road that the property owner would still have to meet the required Town standards and would require a new standard developed by the Town and coordinated with an engineering company. Chairman Millar noted that they are waiting for some recommended standards from Crossman Engineering.

Board member Gina Thurn felt any common driveway would still need to have Town requirements allowing Town emergency vehicles access to an individual’s property. Board member Michael DeFrancesco asked the Chairman to pause this conversation as the other applicant was waiting to be heard.

Chairman Millar continued on this topic and asked Solicitor Sypole for his thoughts on a policy decision for private roads. Solicitor Sypole felt it was not just private roads but also private maintenance of drainage infrastructure, and that many times homeowner associations do not maintain and that 20-30 years later the roads and maintenance becomes a Town problem. Solicitor Sypole stated he does not like the idea of certain private roads.

Town Planner DePasquale asked the Chair, “Why does it change with a Rural Compound; the Town has had the same issues with a Rural Compound, actually worse, due to the roadway being smaller, how are we picking and choosing?” Ownership over many years makes homeowner associations questionable. 

At this time, the discussion was paused to move on to the other agenda item.

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. Mr. Kelly gave a brief introduction of who would be presenting this evening.

Chairman Millar recognized Steven Cabral, Crossman Engineering, 151 Centerville Road, Warwick, RI. Mr. Cabral reviewed with the Board their independent review of Hydrogeologic Evaluation and Stormwater Analysis Reports for the Rhode Island Grows facility. It was noted that Crossman Engineering was retained by the Town of Exeter Planning Board to perform an independent review of the Hydrogeologic Evaluation prepared by Northeast Water Solutions Inc. (NWSI) and the Stormwater Analysis prepared by DiPrete Engineering. Mr. Cabral stated that with regards to stormwater, in general, he is satisfied with the design and shared any concerns and minimal design changes with DiPrete Engineering who have updated their design plans with Crossman’s recommended changes. Their entire report will be included with this meeting’s permanent file.

Mr. Cabral then updated the Board on their findings regarding NWSI’s Hydrogeologic evaluation. After Mr. Cabral’s three months of review and discussion with Mr. Ferrari of Northeast Waster Solutions, Mr. Cabral stated that just in the past few days they have come to a mutual understanding of how their concerns can be mitigated. He then reviewed their past concerns and how they have alleviated those concerns. Information from Crossman Engineering can also be found in their Hydrogeologic Evaluation & Stormwater Analysis Review Memorandum to William DePasquale, Jr., AICP, Town Planner, Town of Exeter, RI; Dated: May 21, 2024.

Mr. Cabral emphasized that the, “best management practices that assure the adverse effects to the chemical, biological and hydrologic characteristics of freshwater wetlands and the aquatic environment are minimized.”  He also noted that a Water Management Plan that addresses measures to prevent impacts is recommended. With a proper plan Mr. Cabral felt it was a viable project.

Chairman Millar had one question with regard to Crossman’s statement on Page 2 of their memorandum, which states, “the Hydrogeologic Analysis is based upon statements that the 95.7-acre parcel, other than the 25-acre hydroponic facility and 5-acre outdoor fields, will no longer be used for any use that requires irrigation or water demands and will not be altered in any manner that impacts natural infiltration.” Mr. Cabral indicated that as long as the topography remains unchanged there should not be a concern.

Board member Michael DeFrancesco asked if Crossman would consider putting together a graphic (chart) to support their findings. Mr. Cabral noted that Mr. Ferrari would offer graphics in his presentation.

Mr. Cabral stated that Mr. Ferrari did his analysis his way and Crossman did their analysis their way and in the end the results were essentially equal. Chairman Millar still felt a Professional Management Plan is key. Mr. Kelly indicated that a Management Plan is in draft form currently.

Mr. Kelly noted that taking water out of the pond, is authorized by DEM, and there is no need for permission.

Mr. Robert Ferrari stepped forward to speak on behalf of his report (Northeast Water Solutions, Inc.) and their conclusions. Mr. Ferrari reviewed the points that Mr. Cabral presented and how their results were essentially the same and that any concerns between the two parties have been resolved with a fair and equitable resolution of the issues. Mr. Ferrari indicated that they will be producing a very detailed farm Management Plan. He felt it was important to note that withdrawal from the farm pond, in most years, would be zero and in their worst-case year net total extractions would be net total extractions 2.2/2.4 million gallons, Crossman was at 2.8.

Chairman Millar thanked both companies for their hard work. Michael DeFrancesco wanted to go on the record regarding the fire department/water demands and requirements. It was noted that this topic will be addressed by their (RI Grows) fire protection expert.

Board member Gina Thurn asked about the 5-acres that would be conventional farming and if it was inclusive of the orchard? They responded that it was inclusive.

Timothy Schartner, One Arnold Place, Exeter, RI, was recognized. He stated that they had agreed to the front plantings at a previous meeting and that the land was in North Kingstown. Town Planner corrected the actual location of the orchard (small Christmas tree field), stating half of the acreage is in North Kingstown and half of the acreage is in Exeter. The Planner asked the following questions. Was the orchard considered in terms of water use?  Was OWTS for the facility taken into account if the water is coming from North Kingstown water? What does the 10.4 million gallons mean, relative to the entire yield? Robert Ferrari (NWSI) addressed each of the Planner’s questions.

Mr. Kelly again stated that there will be a Management Plan and Management Team in place, and that the extensive Management Plan will be copyrighted and proprietary. Chairman Millar indicated that they must have some oversight in order to determine that the Management Plan is being followed. Mr. Kelly indicated that they would be able to provide reports to the Town annually.

Molly Titus, DiPrete Engineering, referenced the updates regarding the combined landscaping and architectural decisions. She stated that the completely redesigned landscaping plan set could be reviewed on Pages 20, 21, and 22 of the Development Plan Review Submission for RI Grows. Ms. Titus covered the requested changes to the property’s plantings indicating that the rendered image matches the plant types shown on the plan, and that all of the arborvitaes have been exchanged with Fraser Fir trees.

Town Planner William DePasquale asked, “How will they regulate the screening buffer around the orchard with half of it being in North Kingstown and the other half in Exeter? Is this orchard there in perpetuity?” Mr. Kelly has indicated to Mr. DePasquale that they will replace the trees over the next few years, but has never heard of “in perpetuity.” The Planner then noted that the larger question was that, the orchard is being used as an integral part of buffering creating the visual impact from the roadway and why not agree that the orchard will remain as the buffer going forward. Mr. Kelly indicated that they will agree to plant the fruit trees and replace them should they die. Mr. Tim Schartner was recognized again and explained to the Board how the green tree line exists only in Exeter and are currently 8-10’ wide at the base and 15’ in height, that there are plenty of trees to create this buffer.

Craig Anderson, Senior Associate, Union design, Providence, RI, was recognized and stated that the fruit tree orchard is in front of the property line, picking up the green buffer on the Exeter side is a solid green wall. Indicating a two-stage buffer at the front of the property with additional landscaping along the access roadway and parking lot and another green buffer in front of the building, indicating a multiple stage landscape buffer.

Mr. Kelly indicated that he will put together a contract stating that fruit trees will be planted and replaced over the course of five years in writing and that it would become an enforceable contract. Solicitor Sypole felt that if this is by agreement he felt that the jurisdictional problem would go away.

Mr. Anderson, once again, reviewed the proposed architecture with the members of the Planning Board. Mr. DeFrancesco asked about signage. It was indicated that there is no proposed signage, at all, on the building.

Gordon W Preiss, PE, G. W. Preiss and Son, LLC, 12 Pondview Avenue, Westerly, RI was recognized. Mr. Preiss noted that there will be an alarm system using “beam detectors” that will sense smoke within 2.75 minutes of a fire and activate the FOTH addressable fire alarm system which will automatically notify the Exeter Fire Department. He also indicated that outside there will be 7 regulation fire hydrants and inside there will be 29 standpipes with 21/2” hose connect that is shown on the drawings. The Chairman stopped Mr. Preiss’s review with questions that included hearing from the Town’s Fire Marshal and notification that a request has been made with the State’s Independent Fire Safety Code Board for a variance.  Mr. Kelly indicated that the variance is being worked on currently and Mr. Preiss noted that it will be filed within the next two weeks.

Chairman Millar and Planner DePasquale reviewed with Mr. Kelly and Mr. Schartner the pieces of their plan that still remain incomplete and will await to hear from the applicant when they are ready to request their next meeting date.  This preliminary phase will be continued.

IV.    ADMINISTRATIVE:

A.     Zoning Board of Review: the Clerk reported there is (1) application for a special use permit for a dog kennel; and (2) appeals scheduled on June 13, 2024.

B.      Approval of Meeting Minutes:  May 14, 2024

Chairman Millar made a motion to approve the May 14, 2024 meeting minutes, as submitted. William Haas seconded the motion.  A vote was taken and was all in favor, (5-0).  The minutes were approved. (Scott Millar, Michael DeFrancesco, William Haas, Gina Thurn, and Donna DiDonato).

C.     Communications: Superior Court Summons: WC-2024-0136, Asa Davis III v. Town of Exeter et al.  The Solicitor answered a couple of questions the Board members had regarding this summons.

D.     Future Meeting: Planning Board Work Session on Monday, June 10, 2024 at 6 p.m.

The following agenda items were discussed for the next meeting:

1) Libra Consultants will be presenting;

2) Continued Discussion regarding Rural Residential Compounds, Private Roads and

    Road Standards; and

3) Continued Discussion regarding the 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 8:15 p.m.

Respectfully submitted,  

Rebecca Lukowicz

M. Dixie Foisy

Planning Board Clerk