EXETER ZONING BOARD OF REVIEW
MINUTES OF OCTOBER 8, 2020
Approved: November 12, 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, October 8, 2020 at 7:30 pm, via Video Conference on Zoom.
Members present: Joe St. Lawrence, Tim Robertson, Richard Quattromani, Tom McMillan, Susan
Littlefield and Susan Franco-Towell
Members absent: Richard Booth
Others present: Stephen Sypole, Solicitor and Dixie Foisy, Clerk
Meeting called to order at 7:35 pm by Acting Chairman Joe St. Lawrence; Susan Littlefield will be a voting member this evening as 1st alternate.
Acting Chair St. Lawrence made motion to open the public hearing, seconded by Tim Robertson; voted all in favor. MOTION PASSED.
I. NEW BUSINESS:
A. The petition of Susan DeSimone; Applicant for The Children’s Village at Oak Harbor Early Learning Center, Inc., and Louis Jendza, Owner of The Children’s Village at Oak Harbor Early Learning Center, Inc., located at 567 South County Trail, Suite 201, Exeter, RI; Zoned B; and further designated as Assessor’s Plat 71, Block 4, Lot 1; a request for a special use permit in Zone B, under zoning ordinance 2.4.1.44 for a proposed day care center.
Attorney John C. Revens was present to represent his client, Louis Jendza, owner of the The Children’s Village seeking a Special Use Permit for 567 South County Trail, Suite 201. Attorney Revens stated that the Zoning Clerk located applications and Certificate of Occupancy from 2005. His client has entered into an agreement to sell this business to the manager, Susan DeSimone, the applicant. Attorney Revens stated that his client has been in business for 15 years in this location and have been a good neighbor.
Louis Jendza was sworn in by Acting Chair Joe St. Lawrence in order to respond to a question about the lease agreement and what happens to the special use permit if granted.
Solicitor Sypole stated that the special use permit would be issued to the property and stays with the property, and if approved, would be in perpetuity.
Hal Morgan stated that this is a “proforma exercise” as this business has been in operation for 15 years, and should be allowed to continue.
Tim Robertson asked to screen share two letters of opposition that the Town received; letter from Richard Marcello, labeled as exhibit #1; letter from Kristin Coletti, labeled as exhibit #2.
No public comment was given.
Acting Chair Joe St. Lawrence asked to close the public hearing. Tom McMillan made a motion; Tim Robertson seconded. Roll call was taken. Voted all in favor. Motion passed. Acting Chair Joe St. Lawrence asked the Board if there were any questions or further discussion.
As there were no 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 raised a motion that the petition of Susan DeSimone; Applicant for The Children’s Village at Oak Harbor Early Learning Center, Inc., and Louis Jendza, Owner of The Children’s Village at Oak Harbor Early Learning Center, Inc., located at 567 South County Trail, Suite 201, Exeter, RI; Zoned B; and further designated as Assessor’s Plat 71, Block 4, Lot 1; a request for a special use permit in Zone B, under zoning ordinance
2.4.1.44 for a proposed day care center to be approved. Tom McMillan seconded; roll call was taken. Voted all in favor. MOTION PASSED.
Administrative Issues:
Request for Extension: Ronald Barber for 184 Tripps Corner Rd, Exeter, RI; AP 48 B2 L5
Mr. Ronald Barber was present for the above request.
Acting Chair Joe St. Lawrence asked Mr. Barber to explain his situation that brought him before the
Zoning Board of Review requesting another extension.
Ron Barber explained his situation in detail and referenced the letter of request he sent to the Board dated August 6, 2020. Mr. Barber shared that his mother has since passed away. He stated that he was her financial power of attorney and guardian, and that there is a will.
A discussion took place regarding the letter granting the last extension from July 2019. Richard Quattromani asked if Mr. Barber owns the property.
Ron Barber replied that he does not own it; his mother owned the property and will now go to probate court.
Tim Robertson raised a motion to approve the extension for Ronald Barber, for 184 Tripps Corner Rd., Exeter, RI; AP 48 B2 L5, for an additional 1-year extension. Richard Quattromani seconded; roll call was taken. Voted 4 in favor, 1 against. MOTION PASSED.
Approval of Minutes: Tom McMillan made a motion to approve the revised August 13, 2020 minutes;
seconded by Susan Littlefield. Voted all in favor. MOTION PASSED.
Susan Littlefield made a motion to approve the September 10, 2020 minutes; seconded by Tim
Robertson. Voted all in favor. MOTION PASSED.
Sol i cito r’s Re port: Solicitor Sypole stated that the Accessory Dwelling Unit Ordinance will be reviewed at the Town Council meeting on 11/2/2020. Discussion ensued.
Future Meeting: Our next meeting will be Thursday, November 12, 2020.
Adjournment: Motion made by Acting Chair Joe St. Lawrence to close the meeting at 8:49 p.m.;
seconded by Tim Robertson. Voted all in favor. MOTION PASSED.
Meeting Minutes prepared by: M. Dixie Foisy
Zoning Board Clerk