Meeting Minutes Approved on: September 9, 2021
675 Ten Rod Road
Exeter, RI 02822
401-294-2592
A Regular Meeting of the Exeter Zoning Board of Review was held on Thursday, August 12, 2021
at 7:30 pm, in the Town Council Chambers of the Exeter Town Hall, 675 Ten Rod Road, Exeter, RI.
Members present: Richard Booth, Tim Robertson, Tom McMillan, Richard Quattromani and
Susan Littlefield (voting member, 1st alternate)
Members absent: Susan Franco-Towell
Others present: Peter Ruggiero, Solicitor and Dixie Foisy, Clerk
Meeting called to order at 7:55 pm by Chairman Richard Booth
Chairman Booth requested a motion to open the public hearing. Motion made by Tom
McMillan, seconded by Tim Robertson; voted all in favor. MOTION PASSED.
A. The petition of James F. Steffy; Applicant and Owner for property located at 60
Cedar Grove Drive, Exeter, RI.; Zoned RU-3, and further designated as AP 38 B 3
L 55; a request for dimensional relief under Zoning Ordinance Article II Section
2.4.2.6 (side setback); for a proposed attached garage.
Chair Richard Booth introduced this petition and asked who was present to speak on behalf of this application.
James Steffy, applicant and owner was present and sworn in by Chair Richard
Booth.
Mr. Steffy turned in (3) returned certified letters to the Clerk.
Chair Richard Booth stated he had reviewed his application and noted that some of the calculations did not add up correctly and that it seems to be off by 13 feet somewhere. The Chair asked Mr. Steffy if the numbers noted in red were what he measured.
Mr. Steffy replied in the affirmative.
There was some confusion regarding the dimensions on the application and numbers on the plot map submitted. Discussion ensued.
Richard Quattromani wanted to confirm that the applicant is looking for 45 feet of relief for the left-side setback.
Mr. Steffy replied in the affirmative.
Susan Littlefield questioned that fact that the house has an attached garage and that they are adding another.
Mr. Steffy stated yes that they turned part of the existing garage into a combination family/dining room.
Susan Littlefield also agreed that some of the numbers didn’t add up correctly and that maybe they wouldn’t need relief if the numbers were accurate.
Further discussion ensued.
Solicitor Peter Ruggeiro stated that he believes the measurements are in the wrong place, from the edge of the street to the sideline, but the applicant isn’t asking for relief on that side.
Tom McMillian and Mr. Steffy discussed the property next door; Mr. McMillan expressed that the Board will grant the least amount of relief necessary and wanted to be sure there wasn’t another location on their property that the new garage could be located. He also noted that if the proposed addition is 12’x24’ it should read 288 square feet, not 264.
James Steffy replied that the well is in the front corner of the property and the septic is in the back and that this is really the only location to place the new garage. Tim Robertson questioned the height of the garage and stated there was no drawing of the garage itself. He asked the applicant if it will be the same height as the house, if the siding will match the house and be of similar style to others in the neighborhood.
Mr. Steffy replied yes to all of the above.
Hal Morgan, Zoning Official, stepped forward to speak on behalf of this application. Mr. Morgan was then sworn in by Chair Richard Booth.
Hal Morgan understands there was confusion with some dimensions shown on the application but stated that the only relief Mr. Steffy needs is for the left-side setback. Mr. Morgan shared that as the application states, under section 2.4.2.6., the ordinance requires 60 feet side-setback; the proposed is 15 feet and the amount of relief required is 45 feet. He stated that all other dimensions are pre- existing and not germane to this application.
At this time, Chair Richard Booth asked if there was any public comment; there was none.
Tim Robertson made a motion to close the public hearing; Richard Quattromani seconded the motion. Voted all in favor. Public hearing was closed.
At this time, Chair Richard Booth asked for a motion.
Tim Robertson reviewed Exeter Zoning Code, Appendix A, Section 1.3.E.C as follows:
In granting a variance, the Exeter zoning board of review shall require that evidence to the satisfaction of the following standards be entered into the record of the proceedings:
1. That the hardship from which the applicant seeks relief is due to the unique characteristics of the subject land or structure and not to the general characteristics of the surrounding area; and is not due to a physical or economic disability of the applicant;
2. That said hardship is not the result of any prior action of the applicant and
does not result primarily from the desire of the applicant to realize greater financial gain;
3. That the granting of the requested variance will not alter the general character of the surrounding area or impair the intent of purpose of the Exeter zoning ordinance or the Exeter comprehensive plan, upon which this ordinance is based; and
4. That the relief to be granted is the least relief necessary.
Additionally, Section 1.3.E.D as follows:
The Exeter zoning board of review shall, in addition to the above standards, require that evidence be entered into the record of the proceedings showing that:
In granting a dimensional variance, that the hardship that will be suffered by the owner of the subject property if the dimensional variance is not granted shall amount to more than a mere inconvenience. The fact that a use may be more profitable or that a structure may be more valuable after the relief is granted shall not be grounds for relief.
Tim Robertson then made a motion to approve the petition of James F. Steffy; applicant and owner for property located at 60 Cedar Grove Drive, Exeter, RI.; Zoned RU-3, and further designated as AP 38 B 3 L 55; a request for dimensional relief under Zoning Ordinance Article II Section 2.4.2.6, for a proposed left-side setback relief of 15 feet, requiring relief of 45 feet; for an attached garage with dimensions of 12 feet by 24 feet, for a total of 288 square feet.
Tom McMillan seconded the motion; roll call vote was taken. Voted 5-0; all in favor. Motion passed.
II. 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; a second request for a (1) year extension of the special use permit for a proposed solar facility.
Attorney Robert Craven was present and spoke on behalf of Exeter Renewables
1, LLC and John P Morris III Trust. He stated that this request is due in part to the times we live in and that since Covid-19, everything takes longer. Attorney Craven shared that the Decommissioning Agreement was before the Planning Board which also took time, and they’re still waiting for the RIPDES permits. He stated that Exeter Renewables plans to pull a building permit as soon as possible. Accordingly, he was before the Board to request another year extension.
Chair Richard Booth stated that it is the Board’s policy to grant a 1-year extension, except when tolling was happening or other extenuating circumstances. The Chair explained that this was their second request for an extension, and feels it may be appropriate to allow for a 6-month extension at this time.
Attorney Craven stated he would be willing to accept a 6-month extension.
Further discussion ensued.
Tim Robertson made a motion to approve the request to grant a second extension for a 6-month period from August 14, 2021 until February 14, 2022. Richard Quattromani seconded the motion; roll call vote was taken. Voted 5-0; all in favor. Motion passed.
A. Approval of Minutes: Susan Littlefield made a motion to approve the July 8, 2021 with one spelling correction on page 2; seconded by Tom McMillan. Voted all in favor. Motion passed.
B. Approval of Invoices: Solicitor Peter Ruggiero $90.00 approved by Chair Richard
Booth.
C. Solicitor’s Report: None
D. Zoning Inspector’s Report: None
E. Future Meeting: September 9, 2021 – (1) application for dimensional relief for street frontage for building a single-family home. Discussion ensued.
Motion made by Tim Robertson to adjourn the meeting at 8:56 pm; seconded by
Richard Quattromani. Voted all in favor. MOTION PASSED.
Meeting Minutes prepared by: M. Dixie Foisy
Zoning Board Clerk