EXETER ZONING BOARD OF REVIEW MINUTES OF THURSDAY, JULY 14, 2022

Minutes Approved: September 8, 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, July 14, 2022 at 7:30 pm, in person with no remote component, at the Town Hall Offices, 675 Ten Rod Road, Exeter, RI.

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

Franco-Towell

Members absent:           Richard Booth and Tim Robertson

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

Acting Chair Tom McMillan noted that the two alternate members, Ms. Littlefield and Ms. Franco-Towell will be voting members tonight as we have two other members not in attendance.

Acting Chair McMillan then called the meeting to order at 7:45 pm and asked to hear the meeting agenda out of order, hearing the extension request first, prior to the public hearing.  Loren Andrews made the motion; Susan Franco-Towell seconded the motion.  Vote was all in favor.  Motion passed.

I.       REQUEST FOR EXTENSION OF SPECIAL USE PERMIT:

A.  Exeter Renewables 1, LLC (Morris Farm Solar), Applicant, and John P. Morris III Trust, Owner of property located at 89 Ten Rod Road, Exeter, RI; Zoned RU-4, and further designated as Assessor’s Plat 26, Block 1, Lot 1; a third request for a (6) month extension of the special use permit for a proposed solar facility.

Acting Chair Tom McMillan introduced this extension request and asked if someone was present to speak on behalf of this request. Attorney Robert Craven, 7405 Post Road, North Kingstown, stepped forward on behalf of Morris Farm Solar and proceeded to give a brief history of this project since it began in 2018. Attorney Craven noted that both the pandemic along with supply chain issues shutdown and delayed this project.  He noted that before the solar project could move forward, they needed to have a power purchase agreement with National Grid, and noted that they did have a conceptual agreement. Then National Grid was sold to the Pennsylvania Power and Light company, now called RI Energy. He stated that RI Energy wants to look at this project and do it their way, since they are the only receiver of the power generated by this solar project.  Attorney Craven stated they are requesting an additional 6-months of the special use permit, which if approved, the new timeframe would be from August 14, 2022, expiring on February 14,

2023.

Acting Chair McMillan asked if there were any questions from the Board. Loren Andrews asked Attorney Craven what more are you anticipating needs to be done? Is it just approval? Attorney Craven replied that RI Energy, who creates how the energy will be collected, needs to make sure exactly how and why and under what circumstances the power will be carried to the grid. They tell us that they need to do another four-month study to give them the answer.

Acting Chair Tom McMillan asked for a motion to respond to this request.  Richard Quattromani made a motion for the request of an extension of the special use permit for Exeter Renewables 1, LLC (Morris Farm Solar), Applicant, and John P. Morris III Trust, Owner of property located at 89 Ten Rod Road, Exeter, RI; Zoned RU-4, and further designated as Assessor’s Plat 26, Block 1, Lot 1; to approve the third request for a (6) month extension of the special use permit for a proposed solar facility, with an expiration date of February 14, 2023. Loren Andrews seconded the motion. A vote was taken; all in favor. Motion carries.

Acting Chair McMillan asked to open the public hearing.  Loren Andrews made a motion to open the public hearing; Richard Quattromani seconded. Vote was all in favor.

Public hearing was opened.

II.      NEW BUSINESS:

A.  Petition of Jade Investment Group, LLC, Applicant and Owner of property located at 0

South County Trail, Exeter, RI; Zoned B, and further designated as Assessor’s Plat 71, Block 4, Lot 3; a request for a special use permit under Zoning Ordinance Appendix A, Section 2.4.1.32 to allow for the use of wholesale and warehouse facilities including contractor trade units.

Attorney David  Igliozzi, 926 Park Avenue, Cranston,  was present on behalf of the owners/applicants, Mr. Richard Marcello and Mr. Robert Marcello, who were also present.   Attorney Igliozzi explained that the proposal was a planned, four-phase buildout, to erect contractor trade units in three buildings; identified as Buildings 1, 2, and 3 comprising 15 storage units. The proposal, reviewed in detailed by the Planning Board,  conclude with all parties agreeing that the buildings would only be used as wholesale contractor storage units, although there are allowable uses, they agreed to exclude retail storefronts. He noted that they were in front of the Zoning Board for their special use permit. Mr. Igliozzi complimented Mr. William DePasquale, Town Planner, for how well he guided his clients and, in turn balanced the needs of the town.

William DePasquale, Town Planner, was sworn in, and presented his planning memorandum, dated June 27, 2022, Request for Special Use Permit and Actual Use Restrictions – Contractor/warehouse storage, Location AP 71 B 4 Lot 3—South County Trail and testified on the application. He stated that the Planning Board had recommended certain limits and conditions be imposed on Building #1 as set forth in the Planning Board’s Recommendations. Specifically, that the uses allowed in Building #1 be limited to those “uses defined in the Exeter Zoning Ordinance, Section 2.4 ‘Zoning Use Table 2.4.1 (18), (19), (24), (25), and (26) with restrictions. Retail sales and or services are prohibited. The Planning Board Recommendations further requested that Buildings #2 &

#3 “shall be limited to the special use permit defined in the Exeter Zoning Ordinance, Section 2.4 ‘Zoning Use Table 2.4.1 (32) with the following description and restrictions: (32) (SUP) ‘Lumber, coal, building materials, grain and feed storage yards, wholesale and warehouse facilities, including cold storage’ that will include Contractor Trade Units and Personal Storage, wholesale and distribution. Retails sales and services are prohibited. Mr. DePasquale stated that no special use permit is applicable to Building #1, but Buildings #2 & #3 would be issued a special use permit if the requested relief is granted. Furthermore, Mr. DePasquale reviewed the additional recommendations set forth in the Planning Board’s Memorandum and requested the Zoning Board to incorporate all such recommendations as limitations and conditions on the application, if approved.

Attorney Igliozzi stated that his clients, the Marcello’s--owners/applicants, had no objection to all the terms, conditions and limitations outlined in the Planning Board memorandum (June 27, 2022) being incorporated into an approval by the Zoning Board for this project. He also stated that the process has just begun and there is still more work to be done. Mr. DePasquale also requested that each unit obtain a Zoning Certificate prior to occupation and use and that notice of any sale or change in use in any unit be provided to the office of the Town Planner.

Attorney Ken McGunagle, was present on behalf of Women’s Development Corporation, an owner of an abutting property which was issued notice of the hearing on this project. Mr. McGunagle stated that his client was aware of the Marcello’s’ project, the contents of the Planning Board recommendations, and, as a result of their review of the project had no objections to application. Vice Chairman McMillan asked for general information regarding Pine View Apartments purchased from Jade Investment.

Mr. Frank Shea, who was sworn in, testified that he is the Executive Director of the Women’s Development Corporation, 861 Broad Street, Providence, and reiterated that his agency had no objection to the project. Mr. Shea stated that Pine View Apartments will include 40 units in ten separate buildings. He noted that the first families should move in this September. These units will be affordable, deed restricted rental housing.

Mr. Richard Marcello, 2505 Boston Neck Road, Saunderstown, RI 02874, was present and sworn in, and stated that he was a member of Jade Investment, the owner and applicant of the project before the Board. Attorney Igliozzi asked Mr. Marcello to identify the site plan prepared by American Engineering, Inc., dated 05/09/2022, which was then entered into the record of the hearing and marked as Exhibit 1 (the “Site Plan”). Attorney Igliozzi stated that the Exeter Planning Board had reviewed the project and issued a master plan approval on May 10, 2022. In addition, he referenced a memo from William DePasquale, Town Planner, dated June 27, 2022, submitted to the Zoning Board for consideration at the hearing which contained the Master Plan Record of Decision. The Town Planner’s memo and attached Planning Board Record of Decision were entered into the record of the hearing and marked as Exhibit 2.

Mr. Marcello explained that he understood that the six (6) units in Building #1 would be limited to those uses as set forth in the Planning Board recommendations if approved by the Zoning Board, but that Buildings #2 & #3 would be permitted to operate only with such uses as permitted by-right in the B zone. Mr. Marcello also indicated that he had no objection to the additional conditions requested by the Town Planner that a Zoning Certificate be issued for each unit prior to its use and occupancy and that notice be provided  to  the  office  of  the  Town  Planner  upon  any  change  in occupancy  and/or ownership.

Mr. Marcello did note he does own additional property in the back and that, in the future, they may build the same type of units.  He stated, however, that he also owns property in the front that will be reserved for retail and service buildings, such as a hair salon or possibly a restaurant. Mr. Marcello indicated that his company will own and manage the buildings, and all restrictions will be deed restricted. If the units are sold in the future, they would put in place a management company for enforcing the restrictions.

Mr. Hal Morgan, Zoning Official, stepped forward and was sworn in.  Mr. Morgan felt that there could be enforcement and control issues regarding these properties. He felt there was potential for abuse. Mr. Morgan stated that you can only have one special use permit for any one property and that with the proposed conditions, including the requirement for a zoning certificate prior to the use or occupancy of each unit were satisfactory provisions to ensure compliance by occupants with the requested relief. He felt that the town’s ordinances were so far out-of-date, that a lot of the town’s problems were of their own making. Mr. Morgan then stated that should the Zoning Board issue the requested relief with the proposed and recommended conditions; he had no objection to the application or relief sought.

Board member Susan Littlefield asked what happens if the property changes hands and someone buys the property? Mr. Morgan noted that in theory they are supposed to come in and get a special use permit, but who’s going to tell them. Ms. Littlefield asked Mr. Morgan if there was any way for him to be notified of the sale. He indicated, no, the deed would be recorded through the tax accessor’s office and he would not be notified in any way shape or form.

Ms. Littlefield asked the Marcello’s about alternate entrances, like sharing entrances, Mr. Marcello indicated that they are all shared. She noted that they are putting in a new entrance and Mr. Marcello indicated that at the recommendation of fire safety they were required to have more than one entrance in and out with a turnaround. She asked about a left-hand turn lane and Mr. Marcello indicated that there is one now. She also asked about one septic for all? He indicated that yes, one septic for all. Indicating that this setup is another protection not allowing for overuse by tenants.

Town Planner DePasquale clarified some additional information to be included in the board’s decision. If there is any change of ownership it would require that the Town Planner and Zoning Officer be notified in writing, and any change of use within the storage unit shall be required to obtain a zoning certificate which would be included in their deed restrictions. Also, noise restrictions/regulations could be included in the board’s decision.

The Vice Chair asked the Town Solicitor if a motion is made with regards to this application, do they need to include every stipulation discussed both by the Town Planner and in our discussions tonight?  Solicitor Peter Ruggiero indicated that if they make a motion just include the recommendations from the Planning memorandum and incorporate them by reference. Those recommendations that were not included in the Planners Memorandum, dated June 27, 2022, will need to be spelled out in the final motion.

Vice Chair McMillan asked for a motion to close the Public Hearing, Loren Andrews made the motion to close the Public Hearing and seconded by Susan Franco-Towell. All in favor, the hearing was closed at 9:12 p.m.

Vice Chairman McMillan marked Exhibit 1, The Jade Investment Group’s site plan entitled South Trail Commerce and Exhibit 2, the Planning Memorandum to the Exeter Zoning Board of Review from William J. DePasquale, Jr., AICP, Town Planner, Dated June

27, 2022.

The Zoning Board deliberated on the application, the Planning Board recommendations, and the testimony and exhibits entered into the record of the hearing. Zoning Board member Richard Quattromani initiated a discussion with the Zoning Board members as they reviewed the testimony, evidence and exhibits entered into the record of the hearing. Mr. Quattromani made findings that the Planning Board recommendations were extensive and specific to ensure that any uses being located and/or operated in any unit will be compatible with the neighboring uses and will not adversely affect the surrounding neighbor's use and enjoyment of their property, will be environmentally compatible with neighboring properties and the protection of property values, will be compatible with the orderly growth and development of the Town of Exeter, and will not be environmentally detrimental therewith, and that the best practices and procedures to minimize the possibility of any adverse effects on neighboring property. Zoning Board member Loren Andrews stated that he agreed with Mr. Quattromani’s findings and indicated he concurred that the Planning Board recommendations should be incorporated into an approval of the application by the Zoning Board. Zoning Board members Tom McMillan, Susan Franco-Towell and Susan Littlefield all indicated their concurrence with the statements of Mr. Quattromani and Mr. Andrews.

The Marcello’s attorney, Mr. Igliozzi, discouraged the board from imposing hours of operation, indicating no one else in Town is required to close down their operations at a specific time. That doing so, would put his clients/occupants in a difficult spot. Recognizing that there is a noise limitation.

At the conclusion of the Zoning Board members’ deliberations, Mr. Quattromani made a motion to approve the application of Jade Investment, LLC, Applicant and Owner of property located at 0 South County Trail, Exeter, RI; Zoned B, and further designated as Assessor’s  Plat 71, Block 4, Lot 3; a request for a special use permit under Zoning Ordinance Appendix A, Section 2.4.1.32 to allow for the use of wholesale and warehouse facilities including contractor units. Which are subject to restrictions noted on Page 2 of Planning Memorandum, dated June 27, 2022. Also included in the restrictions are the following: If there is a change in the ownership of any unit, the Town Planner and Zoning Officer will be notified in writing; secondly if there is a change in use, a zoning certificate must be obtained from the Zoning Officer.

And with regards to this petition, Ms. Susan Franco-Towell read the findings of fact required for the issuance of a special use permit, set forth Section 1.3.F.C of the Exeter Zoning Ordinance. The following criteria will be utilized by the Exeter zoning board of review for issuance of a special use permit. These criteria are in conformance with the purposes and intent of the Exeter comprehensive plan and the Exeter zoning ordinance. An applicant, in this case, Jade Investment Group, shall demonstrate to the satisfaction of the zoning board by presenting competent evidence that the proposed use and/or structure: