EXETER ZONING BOARD OF REVIEW
MINUTES OF DECEMBER 10, 2020
Minutes Approved: May 13, 2021
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, December 10, 2020 at 7:30 pm, via Video Conference on Zoom.
Members present: Richard Booth, Joe St. Lawrence, Tim Robertson, Tom McMillan, Richard
Quattromani, Susan Littlefield and Susan Franco-Towell
Members absent: None
Others present: Stephen Sypole, Solicitor and Dixie Foisy, Clerk
Meeting called to order at 7:36 pm by Chair Richard Booth.
Please note for the record, due to technical difficulties, Tom McMillan was late entering the meeting; accordingly, he was a non-voting member for the meeting and Susan Littlefield, 1st alternate, voted in Mr. McMillan’s place.
Public Comment: None
Tim Robertson made motion to open the public hearing, seconded by Joe St. Lawrence; voted all in favor. MOTION PASSED.
Chair Richard Booth first wanted to thank Joe St. Lawrence for running last month’s meeting in his absence.
I. NEW BUSINESS:
A. The petition of Joshua and Nansi Lynch, Applicants for Ultimate Fitness LLC; property located at 570B Nooseneck Hill Road, Exeter, RI; Zoned B; and further designated as Assessor’s Plat 46, Block 2, Lot 5; a request for a special use permit in Zone B, under zoning ordinance 2.4.1.54 for a proposed fitness center.
Chair Richard Booth introduced the above petition. Applicant(s), Joshua B. Lynch and Nansi R. Lynch were both present and sworn in. The Chair asked the applicants to share why they had come before the Zoning Board of Review.
Joshua Lynch stated that they are seeking a special use permit for 570 Nooseneck Hill Road in Exeter, and are planning to utilize 4,500 square feet of this existing building for a personal training/fitness center. Mr. Lynch stated that they currently train part of the Exeter/West Greenwich football team, but have been asked to train the entire team. He also stated that they hope to have 150-200 clients going forward, but they are not a commercial gym; mainly
personal training which they do in groups of 10-15 at a time. Mr. Lynch stated the southern/right-side of the building is one big open space and that they will not need to retro- fit this space. He stated they will be bringing in training equipment. They are leasing this space from the owner of “Twisted Throttle” which occupies the northern/left-side of the building. The applicant stated that the parking lot is well lit and that there are approximately
170 parking spots so that is of no concern as their business caters to more personal training and smaller groups. Mr. Lynch also stated that they have been in touch with the Exeter Fire Marshal, Susan Hawksley and that the building is equipped with a sprinkler system. Mr. Lynch stated they plan to place a 4’x 8’ sign on the front of the building that will be back lit. Their hours of operation will be Monday-Friday 5 a.m. to 8 p.m., Saturday 8 a.m. to 5 p.m. and Sunday 8 a.m. to 4 p.m.
Chair Richard Booth shared that the Planning Board had sent an advisory opinion on this
application dated 12/2/2020; the Chair reviewed this opinion with the applicant and the Board
(Exhibit A).
Tim Robertson made a motion to close the public hearing, seconded by Joe St. Lawrence. Roll call was taken; voted all in favor. The public hearing was closed.
Chair Richard Booth asked if there was any discussion.
Joe St. Lawrence mentioned that when there was a restaurant in this same location, there was no problem with traffic.
Chair Richard Booth agreed with Mr. St. Lawrence and said as the applicant had stated, this is
more of a “personal” training gym and not a major public gym like a Gold’s Gym.
Tim Robertson also supported those comments and stated that the availability of parking and the flow of the parking lot is strong, as well as the cut to the highway is open.
Richard Quattromani stated that it looks like logistics support this type of business, but did
question the Planning Board’s advisory opinion.
Steve Sypole stated that there is some contradiction – 2.5.1.D State Development Plan Review (DPR) may be required – could condition in your approval, but there’s nothing that states the Zoning Board has to. Solicitor Sypole continued that the Town Council may want to revise and clarify this ordinance as it is not clear.
Richard Quattromani stated that if this wasn’t a special use permit application, the
memorandum from the Planning Board wouldn’t have been submitted.
Chair Richard Booth asked that Solicitor Sypole facilitate in making these revisions to the ordinance.
Steve Sypole stated he will check in with Hal Morgan to discuss, but there is currently no Town
Planner and thinks it’s better to wait until a new Planner is appointed.
Chair Richard Booth referred to Hal Morgan, Zoning Inspector, if he could require an applicant go through the DPR process.
Mr. Morgan stated that this is noted on his Zoning Certificates, and for this application he did not require DPR.
There was no public comment.
As there were no more comments or questions, Tim Robertson reviewed the following criteria from 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.
Tim Robertson made a motion to approve the petition of Joshua and Nansi Lynch, Applicants for Ultimate Fitness LLC; property located at 570B Nooseneck Hill Road, Exeter, RI; Zoned B; and further designated as Assessor’s Plat 46, Block 2, Lot 5; for a request for a special use permit in Zone B, under zoning ordinance 2.4.1.54 for a proposed fitness center. Seconded by Joe St. Lawrence; roll call was taken. Voted all in favor, 5-0. Motion passed.
Administrative Issues:
Approval of Minutes: Richard Quattromani made a motion to approve the November 12, 2020 minutes;
seconded by Joe St. Lawrence. Voted all in favor. Motion passed.
Correspondence: Reviewed Advisory Opinion from the Planning Board on the above petition.
Invoice Approval: (1) invoice was approved for Southern RI Newspapers in the amount of $60.00
Sol i cito r’s Rep or t: Steve Sypole stated he will look into advertisement rules and regulations.
Zo n in g I n sp ect or’s Rep or t : Hal Morgan stated that it’s been a very busy time; 12/15/2020 is deadline for Compassion Centers in RI; the State will be choosing (1) per the six districts within the State. Have been receiving multiple applications for the same location.
Future Meeting: No applications were received for January 14, 2021.
Adjournment: Motion made by Tim Robertson to adjourn the meeting at 8:21p.m.; seconded by Joe St. Lawrence. Voted all in favor. Motion passed.
Meeting Minutes prepared by: M. Dixie Foisy
Zoning Board Clerk