MINUTES OF THURSDAY, OCTOBER 14, 2021
Meeting Minutes Approved: February 10, 2022
675 Ten Rod Road
Exeter, RI 02822
401-294-2592
A Meeting of the Exeter Zoning Board of Review - as Planning Board of Appeals - was held on
Thursday, October 14, 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, 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 7:33 pm by Chairman Richard Booth at which time he requested to hear the agenda out of order to discuss the appeal portion first, sitting as the Planning Board of Appeals.
Chairman Booth requested a motion to open the public hearing. Motion made by Tim
Robertson; seconded by Tom McMillan. Voted all in favor. MOTION PASSED.
A. 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 AP 22, B3, L3.
Chair Richard Booth introduced the above application of appeal and turned over to Solicitor Peter Ruggiero to speak to the issue of notification.
Solicitor Ruggiero stated that prior to any Zoning Board hearing and also sitting as the Planning Board of Appeals, there are requirements to have advertisement and notice made to the abutters. In this specific case the advertisement was made but the notices were not sent and stated that the Exeter subdivision regulations are not clear about what is required for notices. Solicitor Ruggiero then read part of the local statue that states “notice shall be issued to parties of interest” and does not define what that means. He also shared that the RI State Law is no better and just as ambiguous. Solicitor Ruggiero stated that his recommendation is this type of a case, to use the notice that was provided at the Planning Board hearing from which the decision was appealed for the Master Plan hearing before the Planning Board.
That requirement was that notice be sent to abutters within a 1,000-foot radius of the property and has conferred with the appellants attorney and Attorney Jon Restivo who is the attorney (and was present at this meeting) for the appellee and they both agree that this is appropriate. Peter Ruggiero stated if there is no opposition, this matter should be continued to the next regular meeting on November 18th (a week late due to the Veteran’s Day Holiday on November
11th). He stated this will allow enough time to send out notices to the abutters.
Chair Richard Booth asked that Solicitor Ruggiero contact the appellants attorney to request that they send the appropriate notice and have the green cards/receipts returned to the Clerk.
Solicitor Ruggiero agreed and stated he would reach out to their attorney.
Chair Richard Booth asked for a motion. Tim Robertson made a motion to continue this issue to the November 18, 2021 meeting; Loren Andrews seconded the motion. Voted all in favor. Motion passed.
Chair Richard Booth then asked for a motion to close the meeting. Tom McMillian made a motion to close the meeting; Tim Robertson seconded. Voted all favor. Motion passed.
Meeting Minutes prepared by: M. Dixie Foisy
Zoning Board Clerk
Meeting Minutes Approved: February 10, 2022
675 Ten Rod Road
Exeter, RI 02822
401-294-2592
A Regular Meeting of the Exeter Zoning Board of Review was held on Thursday, October 14, 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, 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 7:38 pm by Chairman Richard Booth
A. The petition of Antone Correira, Applicant and Owner for property located at 15 Liberty
Church Road, Exeter, RI; Zoned RU-4, and further designated as Assessor’s Plat 50, Block
1, Lot 6; a request for dimensional relief under Zoning Ordinance Article II Section
2.4.2.6 (side setback); for a proposed detached garage.
Chair Richard Booth introduced the application and asked if anyone was present to speak on behalf of this petition.
Antone J. Correira stepped forward and was sworn in. Mr. Correira explained that he was proposing to build a 32’ x 45’ detached garage. He stated that if he were to build this within the setback, it would be directly behind his house and referenced the drawing. Chair Booth asked about the size of the garage and if it will be a single story and have any utilities.
Mr. Correira stated that he collects cars and needs a large garage to store them in; it will be a single-story garage with just electricity.
Loren Andrews asked the applicant if there was room for him to move the garage back within the setbacks and therefore not need relief.
Tony Correira replied that he might be able to move it back some but his concern was for his neighbors who live behind them at 25 Liberty Church Rd, and not to be so close to their house.
Tim Robertson asked the applicant where the leach field and septic were located on his
property.
Tony Correira stated that the leach field is located behind the existing/attached garage and the septic is located in the back right corner (facing the house). The applicant stated he also has a deck off the back of the house. Discussion between Mr. Robertson and Mr. Correira ensued about the location of these underground systems and having to access in the future.
Tim Robertson inquired about the green cards being returned; the clerk confirmed that
all green cards and receipts were returned from the abutter’s mailing list.
Tim Robertson inquired about his car collection and if he plans to have any type of commercial enterprise, such as painting or other type of work conducted there.
Mr. Correira stated no commercial work; does plan to have a lift in order to maintain his own vehicles there.
Tim Robertson inquired if the garage would be a wood structure and match the house. Mr. Correira stated that it will be a wood structure and sided like the existing house. Chair Richard Booth asked the applicant if he knew the square footage of his lot; stated that it was crossed out on the application.
Tony Correira stated it is 55,516 square feet or 1.2 acres.
Tom McMillan stated that this is accurate according to what MapGeo has it listed as and also noted that this a legal non-conforming lot of record as they are in a RU-4 zone. Mr. McMillan also added that the frontage is 216 feet vs. 300 for an RU-4. He asked to confirm how much relief he was requesting.
Mr. Correira stated he is asking for 38 feet, side setback.
Richard Quattromani questioned the applicant about talking to his neighbors, which Mr. Correira stated he had.
At this time, the Board had no further questions.
Chair Richard Booth asked if there was any public comment. There was none; he asked for a motion to close the public hearing. Tom McMillan made a motion; Tim Robertson seconded. Vote was all in favor. Public hearing was closed.
The Chair asked if there was any further questions or discussion with the Board.
Tim Robertson added that in reference to Tom McMillan’s comment regarding the
nonconforming dimensions he mentioned are not part of this application before the
Board tonight.
Tim Robertson then 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. 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:
D.2. 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.
Chair Richard Booth asked for a motion.
Tim Robertson raised a motion that the petition of Antone Correira, Applicant and Owner for property located at 15 Liberty Church Road, Exeter, RI; Zoned RU-4, and further designated as Assessor’s Plat 50, Block 1, Lot 6; to approve a request for dimensional relief under Zoning Ordinance Article II Section 2.4.2.6 a side setback for relief of 38 feet on the left side, as detailed on the plan for dimensions of 32’ x 45’ with an approximate height of 24’ for a proposed single story, detached garage. Loren Andrews seconded; voted all in favor. Motion passed.
B. The petition of James N. Johns, Applicant and Owner for property located at 53 New
Road, Exeter, RI; Zoned RU-4, and further designated as Assessor’s Plat 25, Block 4, Lot
12; a request for dimensional relief under Zoning Ordinance Article II Section 2.4.2.6 (side setback); for a proposed shed.
Chair Richard Booth introduced this petition and asked who was present to speak on behalf of this application.
James Johns stepped forward and was sworn in. Mr. Johns presented his application and site plan and explained he is proposing to build a 12’x20’ shed near the existing garage. He shared that this violates the 80-foot zoning setback to the neighboring border, but explained that he has spoken with this abutting neighbor who has no concern with this project. Mr. Johns also noted that the location for the proposed shed is important as he wants to store a snow blower, etc. and if in a different location would defeat the purpose. He shared that he may, in the future, run power to the shed (depending on cost).
Loren Andrews asked to confirm that this will be a utility shed and asked for his
reasoning for this particular location.
Mr. Johns explained that he selected this location for convenience of access and that he would have to remove more trees to put in a different spot.
Tim Robertson also inquired about choice of location and referenced one of the drawings showing the driveway area. He also asked about the size and style of the shed.
Mr. Johns explained the driveway design and again noted the location of shed would be the most convenient for access. He stated he is considering a “Tuff Shed” that would be a wooden/single story shed approximately 12’x20’ and will coordinate with the house.
Further discussion ensued regarding the dimensions and the drawings submitted.
Richard Quattromani and Tim McMillan also had brief comments on this application without any issues.
Susan Littlefield’s only question/concern was that the applicant lives on 4 acres
and needs a variance.
Chair Richard Booth asked if there was any public comment. There was none. Tom McMillan made a motion to close the public hearing; Loren Andrews seconded. Voted all in favor. Public hearing closed.
Brief discussion took place among the Board.
At this time, Tim Robertson made a motion to propose to incorporate the (5) standards previously read into the meeting minutes as they apply to this application and that all the standards were met on this application as well. Richard Quattromani seconded. Voted all in favor. Motion passed to reference the five criteria as previously stated.
Tim Robertson then raised a motion that the petition of James N. Johns, Applicant and Owner for property located at 53 New Road, Exeter, RI; Zoned RU-4, and further designated as Assessor’s Plat 25, Block 4, Lot 12; that we approve a request for dimensional relief under Zoning Ordinance Article II Section 2.4.2.6, a side setback of 65’; for a proposed 12’x20’ shed as detailed in the application. Richard Quattromani seconded. Voted all in favor. Motion passed.
A. Approval of Invoices: Chair Richard Booth approved the following invoices:
Southern RI Newspapers $61.25 and Peter Ruggiero $468.00
B. Future Meeting: November 18, 2021 – taking place on the 3rd Thursday this month due
to the Veteran’s Day Holiday on 11/11/21.
Motion made by Richard Booth to adjourn the meeting at 8:29 pm; seconded by
Tim Robertson. Voted all in favor. MOTION PASSED.
Meeting Minutes prepared by: M. Dixie Foisy
Zoning Board Clerk