I.                   CALL TO ORDER AND ROLL CALL:

II.                 OLD BUSINESS:

A.     PRELIMINARY MAJOR LAND DEVELOPMENT

(UNIFIED DEVELOPMENT REVIEW):

AP 46 B1 L4 – COPART OF CONNECTICUT, INC.

Copart of Connecticut, Inc., 14185 Dallas Parkway, Suite 300, Dallas, Texas the Applicant, and QQ Estate LLC the Owner of property located at 495 Nooseneck Hill Road, Exeter, RI; Zoned LI and further designated as Assessor’s Plat 46, Block 1, Lot 4; for a Preliminary Major Land Development Project with administrative merger reviewed under the Unified Development procedure, the applicant is proposing to remove the existing structures on the property identified as Assessor’s Plat 46, Block 1, Lot 4, located at 495 Nooseneck Hill Road in Exeter, RI and redevelop the site to accommodate vehicle storage and staging operations for the abutting Copart of Connecticut, Inc., operations which are located on adjacent Assessor’s Plat 33, Block 1, Lot 4 with no new buildings being proposed the major land development includes the merger of Assessor’s Plat 46, Block 1, Lot 4 with Assessor’s Plat 33, Block 1, Lot 4.

Chairman DeFrancesco asked the two newly appointed Planning Board members, Mr. Norman Machon and John A. Toro, Esq., if they had reviewed the materials provided to them for this application and were they ready to vote on the Copart of Connecticut business.

Both Mr. Machon and Mr. Toro stated that they had reviewed the required materials and were ready to vote on this application if required. Solicitor Sypole indicated that both of these individuals had completed the necessary requirements for voting.

Chairman DeFrancesco introduced this application and asked Town Planner William DePasquale to review the progress on this application. Planner DePasquale then laid out the steps that have already been taken, which included the following: a site visit/public hearing; Special Use Permit (SUP granted)/public hearing; Master plan (granted)/public hearing; and indicated that they are currently at the Preliminary review stage, recommending favorable action with the final to be handled by the Administrative Officer.

Planner DePasquale referenced his Planning Memorandum: Unified Development Review/Preliminary Major Land Development; Dated: July 14, 2025. He noted that there has been a lot of study to date by the applicant, and a thorough peer review by Crossman Engineering on behalf of the Town of Exter.

In his memorandum he reviewed the following: The Planning Board granted the Special Use Permit during an April 2025 meeting and subsequently issued a Record of Decision (ROD) on May 12, 2025. Following this, the Board held a public hearing for the Master Plan on May 27, 2025. After evaluating public feedback and all pertinent information, the Board approved the Master Plan, which included specific conditions and stipulations, as outlined in their Record of Decision (ROD) dated June 16, 2025. The current application is for preliminary approval of the design for the proposed storage staging area, including aisle access, screening, landscaping, and stormwater management.

Planner DePasquale noted that the pie-shaped piece of land that is being considered is surrounded on both sides by the Copart operation. He indicated that the highest and best use of this land from a land use planning point of view is the continuation of the Copart property. He noted that it is not apparent that by adding 5 acres to an already developed watershed of historic industrial land uses would disproportionately disrupt the existing environmental equilibrium. Also, that the proposal, with stipulations, should incorporate effective screening measures, detailed stormwater management inspection, surety, and assignment of fiscal impacts to ensure compatibility with the surrounding area.

The Planner reviewed with the Board the Preliminary Recommendation and Findings, of which there are 12. (See Planner’s Memorandum: Unified Development Review/Preliminary Major Land Development; Dated: July 14, 2025; for complete details.) He noted that upon examining the preliminary proposal alongside the factual data and conclusions from the special use permit’s record of decision, the master plan determination, and the updated plan submissions, substantial and credible evidence exists supporting the approval of the preliminary proposal. He reviewed with the Board the following Preliminary Conditions of Approval:

1. Stormwater Permitting. The final plan will include all changes and technical items discussed with the Town and the engineer, and it will reflect the approval from the Rhode Island Department of Environmental Management for stormwater permitting.

2. Stormwater/Screening post-construction Inspection and “as-built” plans. —The applicant will be accountable for all costs associated with the post-construction inspection performed by the Town's appointed on-call engineer regarding the drainage and stormwater systems in the parking area, as well as the examination of the installed landscaping and screening. The applicant is required to present a final "as-built" plan along with a concluding third-party inspection carried out by the Town’s on-call engineer, Crossman Engineering. This inspection will assess the construction of stormwater management systems, drainage systems, soil erosion controls, landscape screening, and the overall execution of the site construction. Furthermore, the applicant must provide an "as-built" plan that will undergo inspections to verify compliance with the standards set by the Town and the Rhode Island Department of Environmental Management (RIDEM).

3. Stormwater Drainage Bond—The Building Inspector is not authorized to issue a building permit until the applicant submits a performance bond to the town treasurer. This bond guarantees that the parking area installation will be completed in accordance with the approved plans and will receive sign-off from the town's designated consultant.

4. Fund Town's on-call engineer. The applicant shall be responsible for all costs related to the Town's on-call engineer, who will be assigned to inspect the project as outlined in item 2. The building inspector will withhold the issuance of a certificate of occupancy (CO), and the Town planner will not provide a final letter of completion until all associated fees have been paid in full.

5. Life/Fire Safety. Approval from the fire marshal and fire chief is required, and all designated fire lanes and aisles shown in the finalized plans must remain open and unobstructed for the duration of the project, adhering to the specifications outlined in the approved plans.

6. Access Egress. There will be no vehicle access from Route 3 to AP 46, Block 1, Lot 4 (and in this area after the merger). Limited fire access may be considered.

7. Landscape screening plan. The applicant must submit a detailed and comprehensive final landscape screening plan, which must be stamped and certified by a licensed landscape architect. This plan should clearly incorporate and accurately represent all modifications and adjustments made during the planning process, including specific plant selections, placement strategies, irrigation design, and any existing vegetation that is to be retained. Additionally, it should provide illustrative diagrams, detailed specifications, and a written narrative explaining the intent and rationale behind the design choices. This thorough documentation will ensure compliance with all relevant regulations and standards while enhancing the overall aesthetic and ecological integrity of the project site.

8. Contingency Fund Landscape/Screening. The landscape screening plan will be subject to a peer review process and will incorporate a contingency fund for future additional plantings, if deemed necessary. Following the installation of the initial plantings, an assessment will be conducted to verify that the screening objectives have been achieved and to rectify any oversights identified during the planning phase. A contingency fund in the amount of 30 percent of the total cost of planting and screening will be allocated for seven years from the date of installation and may be utilized should additional plantings be required to mitigate visibility gaps in the viewshed from Route 3. The fund is not intended to cover the replacement of dead, diseased, or improperly installed plantings; rather, it is specifically designated for the introduction of additional trees as needed. If no additional plantings are needed during the specified period, the funds will be returned to the applicant. The legal counsel of the town and the applicant shall draft the agreement language before the Final.

9. Landscape/Screening Bond. The Building Inspector is prohibited from issuing a building permit until the applicant provides a performance bond to the town treasurer valid for five years to guarantee the establishment and maintenance of any trees required for screening purposes, including the replacement of any trees or vegetation that become damaged or diseased within five years of the record of decision for the final plan. The town reserves the right to have the town engineer inspect the plantings to verify compliance with applicable standards, with the cost of this review to be borne by the applicant.

10. Permits. Requires all state and federal permits.

11. Merger. Require the merger of lots 46-1-4 and 33-1-4, either before or at the final stage.

12. Prohibitions. Outside storage of the following are strictly prohibited in outdoor areas located on AP 46 block 1 Lot 4 (and in this area after the merger): vehicle repair, dismantling of vehicles, autobody services, cleaning agents, petroleum products, gas containers, fluid containers (drums), automotive components, tires, dumpsters, and analogous items.

13. Lighting. All lights must be directed or shielded so as to avoid off-site light spillage and approved and maintained as dark sky compliant.

14. Additive Conditions. This approval includes all conditions, stipulations contained in the master plan, special use permit record of decisions, as well as those arising from the preliminary meeting.

15. Development Impact fee - The nature of the open lot storage should compel payment of the development impact fee, which is a reasonable amount that is commensurate with the use. Existing structure (ES) Garage Area: 23,580 square feet Operational Expansion: 13 percent parking area expansion 13% of ES 3,065 square feet Development Impact Fee (DIF) Industrial $1763 per 1000= $5289 DIF Due at the Building Permit.

16. Final. Shall be conducted in-house, and the record of decision may be combined with the final.

17. Issuance of a CO - The building inspector will not issue a certificate of occupancy, nor will the Town planner issue a letter of completion, until all conditions are met and outstanding bills from the third-party review are paid. A building permit requires all relevant federal, state, and local permits.

Chairman DeFrancesco thanked the Planner for his detailed report and the review of the proceedings that have brought this preliminary application before the Board tonight. The Chairman suggested to those in attendance that they go through the Planner’s comments and indicate whether they agree or disagree, or if they have any changes or modifications to the proposed recommendations. The Chair then turned the proceedings over to the applicant and Patrick C. Coyne, of Adler Pollock & Sheehan, P.C., 49 Bellevue Avenue, Newport, RI 02840 stepped forward as the authorized representative of Copart of Connecticut, Inc. and stated that his client has reviewed the Planner’s report fully and they are in complete agreement with his report and all the recommendations and proposed conditions.

Attorney Coyne stated that an affidavit of notice was prepared by the law firm, which stated that they have complied with the requirements of the Exeter Zoning Ordinance by mailing via USPS, first class mail notices, to all property owners within a 1,000-foot radius of the Copart property.

(See Exhibit 1)

Attorney Coyne reviewed the prior approvals noting the Unified Development Application – Special Use Permit in April 2025 and the Unified Development Application Master Plan – Major Land Development Project May. (See Exhibit 2 and 3). 

Attorney Coyne stated that they had come before the Board tonight for the Preliminary Plan Review – which will cover the engineering of the proposed new piece of land for Copart. He noted that the following individuals were present in order to answer any questions the Board may have, they were: Timothy Behan, PE, Owner/Engineering Manager, Commonwealth Engineers & Consultants, Inc.; John Carter, Landscape Architect, 960 Boston Neck Road, Narragansett, RI, who will be able to answer any questions regarding screening on the property; Robert Ferrari, PE, Northeast Water Solutions, Inc.; and Josh Gaudete, General Manager of the Copart facility.  

Attorney Coyne noted for the record that they had previously retained Joseph Lombardo, as their planning expert and asked to include for the record, Mr. Lombardo’s resume (Exhibit 4), Mr. Lombardo’s Planning Report prepared for Copart of Connecticut, Inc., by JDL Enterprises, April 2025 (Exhibit 5); and Mr. Lombardo’s previous testimony from April 22, 2025 (Exhibit 6).

Attorney Coyne reviewed with the Board the relative details of Mr. Lombardo’s Planning Report:  Major Land Development & Special Use Permit – Vehicle Storage & Staging Operation, prepared for Copart of Connecticut, Inc., April 10, 2025. (Exhibit 5)

Chair DeFrancesco asked that the applicant and those individuals who are present to speak to this application touch on the 17 Preliminary Conditions of Approval which the Board will be using to determine their decision.

Attorney Coyne asked Timothy Behan, P.E., to introduce himself to the members of the Board. Mr. Behan indicated that he has had an opportunity to review the application before the Board tonight and the requirements set forth in the Planner’s July 14, 2025 Memorandum. Mr. Behan, P.E., Commonwealth Engineers & Consultants, Inc. will be entered as (Exhibit 7). Chairman DeFrancesco asked about permitting from DEM. Mr. Behan indicated that the State permits required include a stormwater permit, a RIPEDS permit (soil and erosion control on the site) and a DOT permit, because they are removing an existing curb cut (Physical Alteration permit). Mr. Behan stated that each of the permits are currently pending but in process.

Attorney Coyne noted that there were questions regarding groundwater, the question was addressed by Mr. Behan along with documentation provided by Copart of Connecticut.

Correspondence was exchanged between Crossman Engineering and Commonwealth Engineer & Consultants, Inc. in order to resolve any issues, along with a sign-off from the Exeter Fire Marshal regarding her request to have a direct fire lane to the back of the facility and that vehicle storage would have a 100’ maximum between fire lanes. (Exhibits 8, 9 and 10).

In Exhibit 10--Exeter F.D. Fire Marshal Susan L. Hawksley’s Review Letter of June 2, 2025 states the following: The most recent plan submitted to this office shows adequate fire lanes and access points into this area from the existing (old Pitch N’ Putt) damaged vehicle storage area. The need for minimum 20’ wide access lanes and confirming the storage areas to no more than 100’ across and deep has been adopted in these plans. We also note that the existing area has been cleaned up and all fire lanes have been restored, as of this time.

Attorney Coyne asked Mr. Behan to address the concerns advanced by the proprietors of the James Pond Realty Company through their Attorney Christopher A. D’Ovidio regarding stormwater. Mr. Behan indicated that the stormwater questions have been addressed fully in writing.

Board member Robert Corriea asked Copart Manager Josh Gaudete, how many times a week is the property cleaned up due to spills? Mr. Gaudete indicated that all employees are trained to handle spills that may occur and it could be once a week or five times a week, that each week is different.

Attorney Coyne then introduced John C. Carter, Registered Landscape Architect, who has been in business for over 40 years (Exhibit 11). Mr. Carter stated that he has been working on this project since the beginning and his role was to address the visual component of the property and noted that people just don’t want to see the property from the main road. That although they will be addressing the new piece of land that is being added to the Copart property, they have also assessed the entire street frontage of the site and have broken out the frontage into seven different landscape sections from South to North. He walked the Board through each of the landscape sections and how he plans to proceed.

Chairman DeFrancesco asked a question regarding the landscape contingency fund, with regards to the following: 8. Contingency Fund Landscape/Screening: …The fund is not intended to cover the replacement of dead, diseased, or improperly installed plantings; rather, it is specifically designated for the introduction of additional trees as needed. If no additional plantings are needed during the specified period, the funds will be returned to the applicant. The legal counsel of the town and the applicant shall draft the agreement language before the Final. The Chairman asked if this would also refer to fencing? Planner DePasquale indicated that yes, an opaque fence could become part of the solution.

Solicitor Sypole indicated that he has supplied examples of the necessary legal agreements that may be required going forward.

Attorney Coyne asked Mr. Carter if he had studied the preliminary plan application, against all the regulations that apply and the letter received from Attorney D’Ovidio on behalf of James Pond Realty Company? Mr. Carter indicated that he had. Mr. Carter stated that with regards to Mr. D’Ovidio’s correspondence he felt it was somewhat supportive of the proposed plans. He felt that the contingency fund will help to provide future security with regards to the Copart landscaping needs.

Attorney Coyne introduced Mr. Robert F. Ferrari, P.E., President of Northeast Water Solutions, Inc., (Exhibit 12). Mr. Ferrari indicated that one of his primary specialties is hydrology, water supply resources, ground water protection, etc. Specific experience includes hydrogeologic and contaminant threat evaluations, water source capacity determination, demand analysis and quantification, in addition to the development of water supply wells and pumping stations.

Mr. Ferrari stated that he has performed a site visit, reviewed all of the materials related to this piece of land and indicated that there is substantial drainage in both directions of the property. Meaning that stormwater that gets into the ground from the site, has a natural inclination, due to topography, to flow West not East. He explained that the drainage is very controllable. He noted that Copart is not a salvage yard, this is a facility where cars come in, undergo multiple inspections before they are actually placed in a parking location. On a daily basis they have staff members walking the lots doing inspections and have the necessary items to take care of any spills that may occur on the property. Mr. Ferrari felt that the staff is taking very proactive steps in accordance with a very thorough and comprehensive discharge prevention plan.

Mr. Ferrari concluded that the site is well designed, it has good stormwater control, an excellent discharge release and protection plan in place, a well-trained staff and a staff that has the authorization to take corrective action if necessary.

Chairman DeFrancesco asked if the members of the Planning Board had any additional questions? The Chairman felt the presentation was very comprehensive and nothing had been left out.

Board member Robert Corriea asked how the Copart property is affected with regards to the drainage from Interstate 95, which backs up to the Copart property? Mr. Ferrari explained that underneath the highway pavement, there is stone that the stormwater would drain into. That runoff from a car accident on Interstate 95 or Nooseneck Hill Road would have a greater impact.

Chairman Michael DeFrancesco made a motion to approve the Preliminary Major Land Development of Copart of Connecticut, Inc., subject to Town Planner’s Planning Memorandum: Unified Development Review – Preliminary Major Land Development, Copart of Connecticut, Inc., AP46-1-4, Dated: July 14, 2025; Seconded by Robert Corriea; a Roll Call vote was taken: Mr. DeFrancesco, yes; Mr. Toro, yes; Mr. Machon, yes; Mr. St Lawrence, yes; and Mr. Corriea, yes. The motion passes 5-0.

III.             ADMINISTRATIVE:

A.     Zoning Board of Review: Next Meeting: Thursday, August 14, 2025

B.      Approval of Minutes for May 27, 2025:

Chairman DeFrancesco made a motion to accept the May 27, 2025 minutes as submitted; Seconded by Joe St. Lawrence; All in favor, (5-0) the motion passed. (Michael DeFrancesco, Joseph St. Lawrence, Robert Corriea, John Toro and Norman Machon).

Approval of Minutes for June 24, 2025:

John Toro made a motion to accept the June 24, 2025 minutes as submitted; Seconded by Joe St. Lawrence; All in favor, (5-0) the motion passed. (Michael DeFrancesco, Joseph St. Lawrence, Robert Corriea, John Toro and Norman Machon).

C.     Future Meeting: Work Session on Tuesday, August 12, 2025 at 6PM

Chairman DeFrancesco asked for the Election of Officers to take place at the August 12, 2025 Work Session.

Planner DePasquale noted that because the Town Council has approved the Farm Overlay as a floating zone, the applicant may want to come to the August 12th Work Session for a recommendation from the Planning Board to the Town Council on mapping the floating zone on their property.

Robert Corriea suggested that they may also consider the development of the highway interchange at Rt. 3 which is noted as an Overlay district in the Comprehensive Plan.     

D.     Adjournment:

Motion to adjourn was made by Robert Corriea, seconded by Michael DeFrancesco, voted all in favor. The motion passed. The meeting adjourned at 7:39 p.m.

                      Respectfully submitted, Rebecca Lukowicz, Planning Department