EXETER ZONING BOARD OF REVIEW
MINUTES OF AUGUST 13, 2020
Approved: October 8, 2020
675 Ten Rod Road
Exeter, R.I. 02822
401-294-2592
Fax: 267-0128
A REGULAR MEETING of the Exeter Zoning Board of Review was held on Thursday, August 13, 2020 at 7:30 pm, via Video Conference on Zoom.
Members present: Richard Booth, Richard Quattromani, Tom McMillan, Tim Robertson, Susan Littlefield and Susan Franco-Towell
Members absent: Joe St. Lawrence
Others present: Stephen Sypole, Solicitor and Dixie Foisy, Clerk
Meeting called to order at 7:32 pm by Chairman Richard Booth; Susan Littlefield will be a voting member this evening as 1st alternate.
Chairman Booth gave a brief overview of how the Zoom meeting will be run and then requested motion to open the public hearing. Motion made by Mr. Robertson, seconded by Mr. McMillan; voted all in favor. MOTION PASSED.
Chairman Booth requested to hear the agenda out of order and read the first petition as follows:
I. REQUEST FOR EXTENSION OF SPECIAL USE PERMIT:
A. Exeter Renewables 1, LLC (Morris Farm Solar) property located at 89 Ten Rod Road, Exeter, RI; Zoned RU-4; and further designated as AP 26 B 1 L 1 for a proposed Solar Facility.
Attorney Robert Craven was present on behalf of the applicant Exeter Renewables 1, LLC and owner, John P. Morris III Trust (Morris Farm). Attorney Craven stated that his client was requesting a 12-month extension due to delays out of their control, mainly due to the COVID-19 pandemic and lack of public meetings.
Chairman Booth asked for a motion. Mr. McMillan made a motion to grant Exeter
Renewables 1, LLC a 1-year extension of their special use permit which will expire on
8/14/2021. Seconded by Mr. Robertson. Roll call vote taken; voted all in favor 5-0. Request granted.
II. NEW BUSINESS:
A. The petition of Robert J. Grasso, applicant for property located at South County Trail, Exeter, RI.; Zoned LB-R, and further designated as AP 72 B 7 L 4; a request for dimensional relief under Zoning Ordinance Article II Section 2.4.2.5; and request for a special use permit under Zoning Ordinance 2.4.1.1; for a proposed single-family dwelling with an accessory dwelling unit in a LB-R zone.
Mr. Robert J. Grasso was present and represented himself on this application. Chairman
Booth proceeded to swear in Mr. Grasso and had him state his name for the record.
Mr. Grasso stated he is proposing to build a single-family house with an in-law (ADU) for his son which will meet the 600 square feet as required in Exeter. He does not currently own the property; it is still owned by Rico Corporation.
Chairman Booth stated that the Planning Board had provided an advisory opinion dated
8/11/2020 for review. Tim Robertson shared the memo on the screen and Chairman
Booth read the opinion in its entirety.
Solicitor Stephen Sypole clarified that Mr. Grasso was present to request a special use permit due to the property being in a LB-R zone; and also requesting dimensional variance of 50 feet in the front of the property. The Solicitor also explained that section 2.5 of the Zoning Ordinance covers Development Plan Review (DPR) and the Zoning Ordinance definition for the Light Business-Residential (LB-R) zone states that all uses shall undergo DPR, but the DPR ordinance applies to all permitted uses except for one- or two-family dwellings. This ordinance also states that no building permit will be issued for a project that hasn’t gone through DPR that should go through DPR. Solicitor Sypole stated that he sees this as a call to be made by the Building Inspector rather than the Zoning Board.
Hal Morgan, Zoning Inspector stated that if the Zoning Board approves Mr. Grasso’s application, he would then issue a zoning certificate for the single-family dwelling. At which time the Building Inspector uses the zoning certificate along with the ISDS to issue a building permit.
The Board proceeded to ask questions of the applicant and reviewed the application in more detail:
A question was raised about the Accessory Dwelling Unit (ADU). Solicitor Sypole stated that according to RI General Law, 45-24-37 Subsection E, states an accessory family dwelling unit in an owner-occupied single-family residence shall be permitted; State law supersedes the Town’s ordinances. The Town’s ordinance cannot be stricter than the State law. Accordingly, this is not being considered in this application.
There was some confusion based on the site plan regarding the front set-back of
50 feet or 75 feet. The Board reviewed the preliminary site plan in detail and discussion ensued.
Chairman Booth asked that the special use permit criteria be reviewed for the record; Solicitor Sypole reviewed the following General Provisions, Special Use Permits from Zoning Ordinance, Section 1.3.F.C:
1. Will be compatible with the neighboring uses and will not adversely affect the surrounding neighbor's use and enjoyment of their property;
2. Will be environmentally compatible with neighboring properties and the protection of property values;
3. Will be compatible with the orderly growth and development of the Town of Exeter, and will not be environmentally detrimental therewith;
4. That the best practices and procedures to minimize the possibility of any adverse effects on neighboring property, the Town of Exeter, and the environment have been considered and will be employed where applicable including, but not limited to, considerations of soil erosion, water supply protection, stormwater runoff, wastewater disposal, wetland protection, traffic limitation, safety and circulation; and
5. That the purposes of this ordinance, and as set forth in the Exeter comprehensive plan, shall be served by said special use permit.
Prior to closing the public hearing, the Chair, members of the Board, the Zoning Official and the applicant, Mr. Grasso further discussed the special use permit, the dimensional relief that is needed, and concerns with the wetlands on this property that RI Department of Environmental Management will have to inspect.
Mr. Robertson made a motion to close the public hearing; Mr. McMillan seconded. Voted all in favor. Motion passed.
Mr. Robertson added that he appreciates that Mr. Grasso is concerned about having enough of a buffer in case the wetlands are more than expected and suggested that if he is asking for 50 feet of dimensional relief, then he thinks that’s what the Board should vote on tonight.
Mr. Robertson requested to make a motion to approve the petition of Robert J. Grasso, applicant, Rico Corporation, owner, property located at South County Trail, Exeter, RI.; Zoned LB-R, and further designated as AP 72 B 7 L 4; a request for dimensional relief under Zoning Ordinance Article II Section
2.4.2.5; and request for a special use permit under Zoning Ordinance 2.4.1.1; for a proposed single- family dwelling with an accessory dwelling unit in a LB-R zone. Ms. Littlefield seconded. Voted 4 in favor, 1 against. Motion carries.
Administrative Issues:
Approval of Minutes: Chairman Booth requested a motion to approve the February 13, 2020 minutes. Tom McMillan made a motion; seconded by Susan Franco-Towell. Voted all in favor. MOTION PASSED. Chairman Booth requested a motion to approve the March 12, 2020 minutes. Richard Quattromani made a motion; seconded by Tom McMillan. Voted all in favor. MOTION PASSED.
Future Meeting: Chairman Booth announced that our next meeting will be Thursday, September 10,
2020.
Adjournment: Motion made by Tim Robertson to close the meeting at 9:10 p.m.; seconded by Susan
Littlefield. Voted all in favor. MOTION PASSED.
Meeting Minutes prepared by: M. Dixie Foisy
Zoning Board Clerk