I.                    CALL TO ORDER:

Chair Michael DeFrancesco called the continued Public Hearing to order at 6:00 p.m.

II.                  OLD BUSINESS-CONTINUED:

A.    Preliminary Minor Subdivision with Street Creation designed as a Conservation Development: 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; for a minor subdivision proposing the creation of a new private roadway (cul-de-sac) serving seven lots accommodating seven four-bedroom single-family dwellings, along with one lot designated as “not for development” to support a stormwater management system, and one lot that is conservation open space that is part of the conservation development design.

Chair DeFrancesco introduced this application and noted that this meeting was a continuation of a previous meeting, held on January 28, 2025, and is not a public hearing. The public hearing portion was closed at the January 28^th meeting. Chair DeFrancesco turned the meeting over to Town Planner William DePasquale.

Town Planner DePasquale referenced his Planning Memorandum: WOLFROCK ESTATES–MINOR 7-LOT SUBDIVISION WITH STREET CREATION CONSERVATION OR TRADITIONAL SUBDIVISION; AP79 B2 L5; DATED: FEBRUARY 20, 2025.

The Planner noted the previous two Preliminary Minor with Street Public Hearing(s) on November 26, 2024; January 28, 2025 and this evening’s meeting of February 25, 2025.

Planner DePasquale noted that the Board had within their packet of materials, updates from Garofalo & Associates, made on behalf of the applicant, 2299 Post Road, LLC, that included a brand-new Plan Set, with a revision date of February 7, 2025, with each and every change noted in the “clouds” shown in triangles. Also included on behalf of the applicant, responses to the Planner’s memorandum of January 21, 2025 addressing all 31 Preliminary Deficiencies, with attachments that included a letter from the Exeter F.D. Fire Marshal and a Bonding Estimate: which covered Erosion Controls, Subgrade Grading, Water Tank (Cistern), Stormwater Basin, through Landscape (Allowance), etc.…with an estimated cost, including contingency of $268,191.00.

Planner DePasquale mentioned a follow-up about a boulder that was impeding traffic on Wolf Rock Road that the Board had asked the Planner to look into, he noted that he had contacted Robert Shappy, Director of DPW, who later notified the Planner that the DPW staff had removed the boulder and it was no longer an issue.

Planner DePasquale then stated that the applicant had submitted a revised set of plans along with a narrative that thoroughly addressed all of the items outlined in Section 1 of his February 20, 2025 memorandum. That after reviewing the materials, he concluded that the applicant had effectively resolved nearly all of the items listed in the Planner’s Required Plan Changes.

He recommended granting preliminary approval for the minor subdivision proposal, contingent upon specific conditions and stipulations outlined in Section B: Conditions of Preliminary Approval (Pages 5-7, February 20, 2025 Planning Memorandum), as well as an administrative final. In support of this approval, he suggested the Planning Board incorporate the comprehensive details and findings documented in the Town Planner’s Memorandum(s) to the Planning Board dated, “Preliminary 1 Minor with Street Public Hearing – November 18, 2024,” “Preliminary 2 Minor with Street Public Hearing – January 21, 2025,” and “Preliminary 3 Minor with Street Public Hearing – February 20, 2025.” Some of the Key findings included:

1.       The proposed 7-lot subdivision aligns with the existing zoning district and adjacent land uses, demonstrating compatibility and ensuring no adverse impact on the surrounding neighborhoods, supported by the inclusion of a conservation design and conservation lands.

2.       The project is designed as a conservation subdivision, consistent with the directives of the comprehensive plan that advocates for environmentally sustainable development and preservation of property values in the area.

3.       The proposal adheres to land development regulations and zoning laws, while the requested waivers are reasonable and facilitate the orderly growth of Exeter without resulting in environmental harm.

4.       Best practices in design (conservation design) and construction will be implemented to mitigate adverse effects on neighboring properties and the broader community. This includes proactive measures regarding buffer, habitat preservation, soil erosion control, water supply protection, stormwater management, wastewater disposal, wetland preservation, traffic mitigation, safety, and overall circulation considerations.

5.       Granting preliminary approval will advance this project in a manner provided by law, ensuring thorough and timely reviews of land development and subdivision processes.

6.       The conservation design framework emphasizes high-quality, contextually relevant land development practices that protect both the natural and built environments. The approach prioritizes minimizing negative impacts while ensuring cohesive integration with neighboring communities, in line with comprehensive planning that reflects local character.

7.       The application underwent and will continue with the extensive technical review, incorporating input from consulting engineers and establishing clear requirements for roadway and drainage construction while the design includes 12.74 acres of conservation land. The combined strategies address key aspects such as water supply, traffic management, stormwater controls, recreational facilities, and fire safety provisions. (There are 22 Key Findings, Pages 2-5, February 20, 2025 Planning Memorandum.)

He further recommended that the Planning Board determine, based on the submitted plans and accompanying testimony, that there is ample, credible, and relevant evidence to substantiate compliance with Land Development Regulations Sec. 3.5, “Required Findings.” That should lead to affirmative conclusions regarding the project’s alignment with the stipulated criteria.

Planner DePasquale then reviewed the 24 Conditions of Approval (Pages 5 through 7, February 20, 2025 Planning Memorandum).

He noted with regards to Number 11. Surety—Comply with LDR Sec. 4.2. Roadway Improvement guarantees (Roadway Performance Bond). When presenting a request to the Planning Board for bond reductions, the applicant will cover the costs associated with the Town’s consulting engineer developing the bond and the cost of the consultant review. A Crossman Engineering Proposed Wolf Rock Estates Subdivision Engineer’s Cost Estimate Sheet with a complete breakdown was handed out to the Board with an estimate of costs totaling $552,965.70.

Surety requirements included the following:

 (11.) Surety—Comply with LDR Sec. 4.2 Roadway Improvement Guarantees (Roadway   Performance Bond).

(12.) Surety—Landscape performance Bond held for 3 years.

(13.) Surety—LDR 13.3 (10) fire tank (cistern) 5 years.

Final conditions included:

(23.) Authorizes the Administrative Officer to process the final application

(24.) Upon project completion, the applicant is required to produce and submit an

as-built drawing to the Town Planner and Building Inspector.

Chair DeFrancesco clarified with the Planner the Board’s ability to approve preliminary approval for a minor subdivision w/Private Street based on the key findings noted in the Planner’s February 20, 2025 memorandum and that the Administrative Officer would process the final application.

The Chair opened up the discussion to the Board. Board member Donna Di Donato voiced her concern regarding the Homeowners Association Agreement (HOA) and that they don’t always last. That she would like to see language included in the Conditions of Approval that the burden, should the HOA dissolve, then falls on the individual homeowners and that responsibility does not fall on the Town of Exeter. Solicitor Sypole will make sure that these protections are included before a final is approved. Chair DeFrancesco suggested that the HOA documents should come back to Ms. Di Donato’s/ Solicitor Sypole, prior to final approval. Jon Kent responded to Donna and alleviated some of her concerns.

Public Comment:

John Majeika, 256 Wolf Rock Road, South Kingstown, RI, made some suggestions to the Board:

1.       Mailboxes, he felt they should be placed at the end of the cul-de-sac.

2.       Thanked the Board for having the boulder removed, stating it was much better, but not a perfect situation.

3.       He noted that there are two additional homes being built on Wolf Rock, plus a third driveway going in for another home, he felt traffic issues will need to be looked at.

4.       The cutting of trees on Wolf Rock Road within the 50’ clear cut of Wolf Rock, that there should be an amendment allowing the removal of a tree that has fallen or is dying.

Chairman DeFrancesco then made a motion to endorse the findings and recommendations outlined in the Town Planner’s memorandum(s) dated November 18, 2024, January 21, 2025 and February 20, 2025. The Board unanimously endorsed the proposal for sustainable residential development emphasizing the importance of preserving crucial open space within the community. All five members cast their votes in favor of the motion. The initiative for approval was presented by Chairman DeFrancesco and seconded by William Haas. The motion passed with a unanimous vote of 5-0, with the following members in agreement: Michael DeFrancesco, William Haas, Joe St. Lawrence, Robert Corriea and Donna Di Donato.  

In granting PRELIMINARY APPROVAL with conditions, the Planning Board determined that the submitted plans and testimonial evidence provided sufficient, reliable, and relevant evidence to establish the approval.

Board member Robert Corriea commended the applicant on working with the Town Planner.

III.              ADMINISTRATIVE:

IV.               ADJOURNMENT:

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

MOTION PASSED. The meeting adjourned at 6:52 p.m.

Respectfully submitted,  

Rebecca Lukowicz

M. Dixie Foisy, Planning Board Clerk