Mr. Collins asked that the Zoning Board refer to the Town Planner’s advisory opinion submitted on behalf of the Planning Board recommending a favorable action citing the Planning Boards belief that the intent in drafting the solar 9 ordinance was to have roof top solar as a “byright” use.

Chair Richard Booth stated that when the solar ordinance was adopted it was intended to allow all roof mounted solar, not stop a solar array like this project that intends to use the electricity for their own property. The Chair then stated if there was no more testimony, he asked to open it up to the public to speak either for or against this application.

There was no public comment.

At this time, Chair Richard Booth asked for a motion to close the public hearing.  Tim Robertson made a motion to close the public hearing, Tom McMillian seconded; voted all in favor.  Motion passed.

Chair Richard Booth asked the Board if they had any questions regarding this application.

Tim Robertson wanted to confirm that the Board will be approving this project at 2,217 square feet and that this won’t grow into 40,000 square feet without coming back before the Board. Chair Richard Booth stated he doesn’t think they have that much roof space but suggested that he make a motion for a roof top system as per the plans with the approval of the Planning Board and be as specific as you deem necessary.

Tom McMillian made a motion to approve the application as submitted for a proposed medium scale roof mounted solar array 2,217 square feet; Tim Robertson seconded.  Roll call was taken; voted all in favor. Motion passed.

Chair Richard Booth then reviewed the next (2) applications and stated that these applications cannot be heard tonight due to an error in the notice as highlighted below in items B and C. Solicitor Peter Ruggiero stated that the Clerk notified him late today that there was a mistake on the agenda and advertisement.  The block should have been listed as block 3 for both, but in error, were listed as block 4. The Solicitor’s concern is that this is an Open Meetings Act issue as the agenda was incorrect. Discussion ensued and in conclusion the Solicitor and the Zoning Board agreed to re-advertise and the applicant agreed re-notice all abutters at the expense of the Town. Richard Marcello stated that they notified all the correct abutters and feels that the Town should be responsible to be reimburse the applicant for this expense.

Tim Robertson made a motion to re-schedule these (2) applications of reference to be heard on Thursday, June 10, 2021 at 7:30 p.m. via Zoom; that the Town of Exeter will pay for the cost of advertisement and the Town will reimburse the applicant for the cost to re-notice the (16) abutters, as the applicant will be responsible to mail the certified notices.   Susan Littlefield seconded the motion. Roll call was taken; voted all in favor. Motion passed.

B.   The petition of Trade Wind Investments, LLC, applicant; and Ronald L. Mann & Greg Allen, owners for property located at Gardner Road, Exeter, RI; Zoned RU-3, and further designated as AP 34, B4, L5; a request for dimensional relief under Zoning Ordinance Article II Section 2.4.2.6; for a proposed single- family dwelling.

C.   The petition of Trade Wind Investments, LLC, applicant; and Ronald L. Mann & Greg Allen, owners for property located at Gardner Road, Exeter, RI; Zoned RU-3, and further designated as AP 34, B4, L8; a request for dimensional relief under Zoning Ordinance Article II Section 2.4.2.6; for a proposed single- family dwelling.