Meeting Minutes Approved: April 14, 2022
A Meeting of the Exeter Zoning Board of Review was held on Thursday, January 13, 2022
at 7:30 pm, via Video Conference on Zoom.
675 Ten Rod Road
Exeter, RI 02822
401-294-2592
Members present: Richard Booth, Tom McMillan, Richard Quattromani, Loren Andrews, Susan Littlefield (1st alternate) and Susan Franco-Towell (2nd alternate).
Members absent: Tim Robertson
Others present: Peter Ruggiero, Solicitor and Dixie Foisy, Clerk
Meeting called to order at 7:40 pm by Chairman Richard Booth at which time he read a prepared statement as follows:
This Board has convened under the authority of the Governor’s recent Executive Order to allow for the conduct of virtual meetings by public bodies which relaxes certain provisions of the Open Meetings Act. We are also convened under the authority of the existing State of Emergency due to Covid-19 pandemic. Never the less, the jurisdiction of this Board over applications is predicated on compliance with statutory advertisement and notice requirements. This meeting was originally advertised and noticed to be in the Exeter Town Hall. Obviously, this meeting is not located in the Exeter Town Hall. This Board has legal consult and has examined the legal requirements to proceed under these changed circumstances. Unfortunately, we have not been able to obtain specific legal authority which addresses this altered meeting arrangements and the Board’s authority to proceed under these circumstances. Under these circumstances and understanding the risk for an applicant to proceed with their matter due to the potential jurisdictional attachment defect, I offer each applicant with a choice to proceed this evening or to continue their matter to the next meeting of the Board scheduled for February 10, 2022.
Does any applicant here this evening wish to continue their matter?
Tyler Miller of DarrowEverett, LLP was present on behalf of Jon Restivo and Renew Solar RI Exeter Mail, LLC and requested to continue their petition to the next Zoning Board Meeting on February 10, 2022.
Attorney Michael Resnick representing RI Grows, LLC stated they will press their appeal this evening.
Brittany Friese of Ecogy Energy on behalf of Hannibal SCT Realty LLC/Carousel Industries will
also move forward tonight with their application.
Chairman Booth requested a motion to open the public hearing. Motion made by Tom
McMillan; seconded by Loren Andrews. Voted all in favor. MOTION PASSED.
A. The petition of Ecogy Energy RI XII LLC, Applicant; and Hannibal SCT Realty LLC, Owner of property located at 659 South County Trail, Exeter, RI; Zoned B and further designated as Assessor’s Plat 76, Block 6, Lot 13; a request for a Special Use Permit in a Business Zone, under Zoning Ordinance 2.4.1.72 for a proposed medium scale roof mounted solar array.
Chairman Richard Booth introduced the petition and asked who was present to speak on behalf of this application.
Brittany Friese, Project Manager, introduced herself and stated she was present on behalf of Ecogy Energy RI XII LLC and the property owner. Ms. Friese was sworn in. Brittany gave a brief overview of the solar project stating it will be a roof-mounted solar array, of medium scale. She explained that it will only stand about 1-foot off the roof so it won’t be visible to abutters.
Chair Richard Booth asked to confirm that Ecogy Energy LLC is entered into an agreement with the property owner, Hannibal SCT Realty LLC and the business is Carousel Industries, and that the solar is strictly rooftop.
Ms. Friese replied in the affirmative to all the above.
Loren Andrews asked about the information on the zoning certificate as it’s not legible to read – specifically the section that reads “section of zoning ordinance which permits this use.”
Chair Richard Booth reviewed this aloud for Mr. Andrews.
Ms. Friese stated she has been before the Planning Board to request a waiver for DPR. Mr. Andrews asked about the size/square footage of the roof-mounted solar.
Ms. Friese stated it will be approximately 18,000 square feet.
Tom McMillan asked Brittany Friese to explain the relationship between Ecogy, Hannibal and Carousel.
Ms. Friese explained that Hannibal is the property owner and technically the lessor, and Ecogy acts as the lessee as Ecogy is “leasing” the rooftop space from Hannibal which allows them to develop, build and operate the solar for its 20-year life. Carousel is the business located there within the building.
Tom McMillan asked who will pay the taxes on the solar. Ms. Friese stated that Ecogy will pay the town.
Chair Booth asked if anyone from the public had any comment. There was none.
The Chair then asked for a motion to close the public hearing. Tom McMillan made a motion; Susan Littlefield seconded. Voted all in favor. Public hearing was closed.
Susan Littlefield made a motion to approve the petition of Ecogy Energy RI XII LLC, Applicant; and Hannibal SCT Realty LLC, Owner of property located at 659 South County Trail, Exeter, RI; Zoned B and further designated as Assessor’s Plat 76, Block 6, Lot 13; a request for a Special Use Permit in a Business Zone, under Zoning Ordinance 2.4.1.72 for a proposed medium scale roof mounted solar array. Loren Andrews seconded the motion. Chair Booth asked to add that this is a “matter of right” under our current zoning ordinance to have this roof-mounted solar array and won’t change the characteristics of the surrounding area. Roll call vote was taken; voted all in favor 5-0. Motion passed. Chair Richard Booth then asked Brittany Friese to make contact with the Clerk for the follow-up paperwork.
B. The petition of Renew Solar RI Exeter Mail LLC.; Applicant and Rina and Lee Stamas; Owners; property located at 148 Mail Road, Exeter, RI; Zoned RU-4 and further designated as Assessor’s Plat 71 Block 4 Lot 14; a request for a special use permit under Zoning Ordinance 2.4.1.69 for a proposed photovoltaic solar system.
As previously stated, this petition will be continued to the next Zoning Board meeting scheduled to take place on February 10, 2022 at the request of the petitioner.
C. Rhode Island Grows, LLC Appeal from the Order to Cease and Desist and Notice of Violation issued against Applicant, Rhode Island Grows, LLC and Owner, Richard J. Schartner for property located at 1 Arnold Place, Exeter, RI; Zoned as RU-3 and further designated as Assessor’s Plat 52, Block 1, Lots 5 & 6.
Chair Richard Booth introduced this appeal from RI Grows, LLC based on the cease-and
-desist order issued by our Zoning Official, Hal Morgan, on October 6, 2021. He asked if someone was present to speak on behalf of this petition.
Attorney Michael Resnick was present on behalf of Rhode Island Grows, LLC. Attorney Resnick proceeded to review and present his case. During the process, he examined (2) witnesses: Mr. Fred Laist of RI Grows and Mr. Hal Morgan, Town of Exeter.
The Zoning Board Chair and Board members also shared in the discussion and had questions of their own.
PUBLIC COMMENT:
There were (6) members of the public who asked to speak and were sworn in:
1.) Frank DiGregorio – submitted a written testimony, marked as exhibit A (attached hereto and incorporated herein).
2.) Gregory Hartnett – had trouble with his audio so was unable to make comment.
3.) Gina Thurn – stated that she is a farmer and grows year-round in greenhouses in a controlled environment and has been doing so for 10 years. She shared that she believes this project is absolutely about agriculture, plant agriculture and horticulture.
4.) Jennifer Cragen – stated that she has concerns in regards to the Right to Farm Act.
5.) Michael Cerullo – voiced his concerns about transparency or the lack of in regards to this project. He stated there have been a lot of mixed messages. He is, however, in favor of the CEA and thinks it would be great for the Town of Exeter, if done right.
6.) Hillary Fehsenfeld – voiced her concerns about the greenhouse impacting wildlife and the environment in a negative way.
Upon conclusion of the public comment, Chairman Booth asked for a motion to close the public hearing. Tom McMillan made a motion; Richard Quattromani seconded. Voted all in favor, 5-0. Motion passed. The public hearing was closed.
Discussion between the Board members took place.
Loren Andrews made a motion that we sustain and uphold the decision made by the Zoning Inspector on the case with Rhode Island Grows, LLC to include the following findings of facts:
1. it has been concluded that this was a permanent structure, therefore regulated by
Zoning;
2. the Right to Farm Act doesn’t provide carte blanche to build any type of structure;
3. that this involves a question of law that has to be determined by a court that the
Zoning Official was not incorrect;
4. that a permitted use does not equate to being exempt from all other Zoning regulations and that the Zoning Inspector acted correctly;
5. that the permitted use does not equal exempt from the Zoning Certificate or Development Plan Review. Richard Quattromani seconded. Roll call vote was taken; voted all in favor 5-0. (Booth, McMillan, Quattromani, Andrews, Littlefield voted in the affirmative). Motion passed to uphold the Zoning Officials decision.
A. Approval of Invoices: Chairman Booth approved all invoices: Esquire Deposition
Solutions $300.00 (formerly Allied Court Reporters), Southern RI Newspapers
$176.25 and Peter Ruggiero $1,323.00.
B. Review, discussion and possible approval of Zoning Board Meeting Calendar for
2022. This item was tabled until next meeting.
C. Solicitor’s Report: Solicitor Ruggiero noted that the Executive Order is due to expire on February 4, 2022 but when advertising and sending notice for the February 10th meeting, we will have to note both scenarios – virtual and/or in person.
D. Future Meeting: February 10, 2022
A motion to adjourn the Zoning Board of Review meeting was raised by Loren Andrews; Tom
McMillan seconded the motion. Voted all in favor. Motion carries.
Members present: Richard Booth, Tom McMillan, Richard Quattromani, Loren Andrews, Susan Littlefield (1st alternate) and Susan Franco-Towell (2nd alternate).
Members absent: Tim Robertson
A. Review, discussion and possible approval of minutes: November 18, 2021
Susan Littlefield made a motion to approve the minutes as submitted; Loren Andrews seconded.
Voted all in favor. Motion passed.
A motion to adjourn the Planning Board of Appeal portion of the meeting by Tom McMillan; Richard Quattromani seconded. Voted all in favor. Meeting was adjourned at 10:20 p.m.
Respectfully submitted by, M. Dixie Foisy
Zoning Board Clerk