For the record, Tim Robertson recused himself from the 590 Ten Rod Road request, as he is an abutter, and completed a recusal form.

2. Renew Solar RI Exeter Ten LLC property located at 590 Ten Rod Road, Exeter, RI 02822, AP

37 Block 1 Lot 5

Chair Richard Booth introduced the above request for extension and shared that the request for this was received on September 10, 2021, (4) days prior to the expiration date of September 14, 2021.

Attorney Jon Restivo shared that the project had been delayed due to National Grid and the Interconnection Application.

Loren Andrews made a motion to approve the extension request; Richard

Quattromani seconded.

Tom McMillan reviewed the facts of this request to clarify that we are granting this extension.

Susan Littlefield questioned why we have deadlines if we are going to continue to grant extensions and noted that we (as a Board) are setting a precedence.

Chair Richard Booth stated that other things come into play with these situations that are out of their control and sympathizes with that.

Further discussion ensued.

Chair Richard Booth reminded everyone that there was a motion on the table to approve this extension request for 590 Ten Rod Road, and a second. Roll call vote was taken; 4 voted in favor (Chair Richard Booth, Vice-Chair Tom McMillan, Member, Richard Quattromani, Member, Loren Andrews); 1 opposed (Susan Littlefield, 1st Alternate). Motion carries 4-1.

II. ADMINISTRATIVE ISSUES:

A. Approval of Minutes: Tom McMillan made a motion to approve the September

9, 2021 with one revision noted on page 6; seconded by Loren Andrews. Voted all in favor. Motion passed.

B. Approval of Invoices: Allied Court Reporters $300.00, Southern RI Newspapers $78.75,

and Peter Ruggiero $1,494.00; all approved by Chair Richard Booth.

C. Correspondence: Darrow & Everett submitted binders for the Board on behalf of Revity Energy; and Asa Davis submitted a letter with Council meeting minutes to the Board for their review.

D. Future Meeting: December 9, 2021 – (1) Special Use Permit application for medium-scale solar and (1) appeal for Cease & Desist letter.

III. Adjournment:

Motion made by Tom McMillan to adjourn the meeting at 7:59 pm;

seconded by Tim Robertson. Voted all in favor. MOTION PASSED.

Meeting Minutes prepared by: M. Dixie Foisy

Zoning Board Clerk

EXETER PLANNING BOARD OF APPEAL MINUTES OF THURSDAY, NOVEMBER 18, 2021

Minutes Approved: January 13, 2022

A meeting of the Exeter Planning Board of Appeal was held on Thursday, November 18, 2021 at

8:00 pm, in the Town Council Chambers of the Exeter Town Hall, 675 Ten Rod Road, Exeter, RI.

Members present: Richard Booth, Tom McMillan, Tim Robertson, Richard Quattromani, Loren Andrews and Susan Littlefield

Members absent: Susan Franco-Towell

Others present: Peter Ruggiero, Solicitor and Dixie Foisy, Clerk

Meeting called to order at 8:00 pm by Chairman Richard Booth

I. NEW BUSINESS:

Green Development, LLC Appeal of Exeter Planning Board - Master Plan Decision granting

conditional Master Plan approval to Applicant, Revity Energy, LLC, and Owner, Exeter Real Estate Holdings, LLC for property located at 0 Ten Rod Road, Exeter, RI; Zoned RU-4 and further designated as Assessor’s Plat 22, Block 3, Lot 3.

Chair Richard Booth introduced this new business and read the following for the record.

“The Exeter Zoning Board will convene as the Review Board for the Exeter Planning Board. We are tasked to determine if the decision reached on August 25, 2021 did not follow protocol and was flawed in nature. This Board is aware of a possible contractual dispute between the two parties. This Board does not have the authority to rule or interpret any contracts, and will not hear testimony to that extent. Further, no new testimony may be introduced at tonight's hearing. Our decision will be based upon testimony already introduced as well as determining if the duties of the Planning Board were properly executed.” Chair Richard Booth then reviewed the Standards of Review, Section 10.5 from the Land Development and Subdivision Regulations.

Chair Richard Booth stated that there has been a motion presented by the Attorney Restivo asking for the Board to dismiss the appeal based on his assumption that there is no property interest. The Board acknowledges receipt of this motion but will not hear, review it or rule on it. This Board does not have jurisdiction on that matter.

At this time, Chair Richard Booth asked that the attorney representing Green Development to step forward and present their case as to why his client believes the Planning Board did not properly execute its duties.

For the record, Tom McMillan recused himself from this appeal as he is an abutter to the property located at 0 Ten Rod Road, Exeter, and further designated as Assessor’s Plat 22, Block 3, Lot 3.

Attorney Michael Mineau of Mancini Carter, PC came forward on behalf of the appellant asking that the Board delay their decision until the court has determined the rights of the parties, primarily the rights of Green Development, LLC or Revity Energy, LLC to this particular property. Attorney Mineau stated that there are (3) cases consolidated in Superior Court that are scheduled for trial on November 22, 2021-November 24, 2021. He stated that they notified

the Planning Board of the pending litigation prior to that decision being rendered, and stated that they feel it’s appropriate that the Board delay in rendering a decision for a month or two until they have a decision from the Superior Court. He stated that they are hopeful that the case can be completed by that time and anticipates that the Judge will render a decision relatively quickly which will determine which party has contractual rights to this property. Chair Richard Booth spoke in defense of the Planning Board’s decision and asked Attorney

Mineau what he thinks the Planning Board did or did not do to cause the reason for this appeal.

Attorney Mineau stated that he believes the Planning Board should have refrained from granting the Master Plan approval due to the pending litigation.

Chair Richard Booth stated that the contractual dispute is a separate issue and stated that the issue at hand is – did the Planning Board make an error in granting the approval for the project. Further discussion ensued between Chair Booth and Attorney Mineau.

Tim Robertson also spoke in agreement with the Chair.

Attorney Jon Restivo from Darrow Everett then spoke on behalf to his client, Revity Energy, LLC. He stated that if the Planning Board had refrained from hearing the application, under law, it would have been deemed approved after a certain period of time. He shared that Green Development went to court to try to stop the Planning Board from hearing the application, but the court denied that request. Mr. Restivo also shared that the question before this Board is

not a question that’s being decided in the court right now. As stated by the Chair of the Planning Board of Appeal, the question is “was there a defect in the Planning Board’s decision.” Jon Restivo stated that the owner of this property was a signatory to this application and added that regardless of how the court rules on the contractual rights, this appeal would still be

before this Board and therefore, they disagree that there is any reason for this Board not to

render a decision.

Chair Richard Booth then asked if there was any public comment. There was none. The Chair asked for a motion to close the public hearing.

Tim Robertson made a motion to close the public hearing; Loren Andrews seconded. Voted all in favor. Motion passed to close the public hearing.

Tim Robertson stated that he reviewed the materials provided and that he did not see any

failure in the due process of the Planning Board. The rest of the Board were in agreement. Tim Robertson made a motion based on what they heard, to deny the appeal.

Solicitor Peter Ruggiero asked Mr. Robertson to amend his motion to include some findings that there was no evidence of prejudicial procedural error, clear error, or lack of support by the weight of the evidence in the record.

Tim Robertson amended his decision by making a motion to deny the appeal based on finding no prejudicial procedural error, clear error, or lack of support by the weight of the evidence in the record; Richard Quattromani seconded the motion. Vote was taken; voted all in favor to deny this appeal, 5-0 (Chair Richard Booth, Tim Robertson, Richard Quattromani, Loren Andrews and Susan Littlefield). Motion passed as amended.

II. Adjournment:

Motion made by Loren Andrews to adjourn the meeting at 8:19 pm;