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, May 12, 2022 at 7:30 pm, in person with no remote component, at the Town Hall Offices, 675 Ten Rod Road, Exeter, RI.
Members present: Richard Booth, Tom McMillan, Tim Robertson, Richard Quattromani, Loren Andrews, and Susan Franco-Towell
Members absent: Susan Littlefield
Others present: Wyatt Brochu, Solicitor and Dixie Foisy, Clerk
Meeting called to order at 7:43 pm by Chairman Richard Booth
Chairman Booth requested a motion to open the public hearing. Motion made by Tom McMillian; seconded by Loren Andrews. Voted all in favor. MOTION PASSED.
A. The continued petition of Harry Hawker III, Applicant and Owner of property located at 0 West
Shore Drive, Exeter, RI; Zoned RE-2, and further designated as Assessor’s Plat 84, Block 9, Lot
19; a request for dimensional relief under Zoning Ordinance Article II Section 2.4.2.2 (minimum street frontage), 2.4.2.4 (front setback), 2.4.2.6 (side setback), and 2.4.2.7 (rear setback) for a proposed single-family dwelling.
Chairman Richard Booth introduced this continued application of Harry Hawker, III. He explained that this public hearing had been closed at the 4/14/22 meeting, so the Board would not be hearing any new or additional testimony this evening. He noted that once again, there is a discrepancy in the Zoning Matrix—the numbers do not add up/don’t match the numbers on the survey that was submitted. Attorney Steven H. Surdut, from the Law Offices of Sean C. Donohue,
43 Broad Street, Westerly, RI was present and indicated that there was a typo and that the amount of the setback should be 22.5 not 28.5 in the proposed column. Discussion ensued regarding the appropriate figures for setbacks and the amount of relief requested.
Board members Quattromani, McMillan, Robertson, Andrews and Franco-Towell all asked why the Board can’t be presented with correct and accurate numbers. Chairman Booth asked Mr. Surdut if he was comfortable going forward with this application and he replied yes, he was. Tom McMillan stated that the application continues to be incorrect, and he feels that the future builder will be confronted with questions going forward and felt that if the Board acted on this application with questionable figures, it would be acting improperly.
Susan Franco-Towell stated that other petitioners are required to come in front of the Board with accurate figures, which is the minimum standard, and making a decision on erroneous numbers, no matter what the intent is, the Board is left to make interpretations and that is not acceptable. The Board should be making their decision based on accurate information.
Mr. Surdut then spoke with the applicant, Mr. Harry Hawker, and came back to ask the Board if they would be willing to continue this application to next month’s meeting.
Attorney Robenhymer, representing the opposing abutter, notified the Board that he plans to take this application to the next level. He acknowledged the Board’s decision to request accurate information on the petitioner’s application. He also wanted the ability to offer expert testimony. He felt there was a whole host of issues with this application.
Chairman Booth asked for Solicitor Brochu’s input. Attorney Brochu recommended the applicant’s request be continued to next month and address the abutter’s concerns in the meantime. He suggested the applicant make a determination as to whether they should re-notice and re- advertise. Chairman Booth suggested that Attorney Surdut seek the counsel of Town Solicitor Ruggiero.
Chairman Booth asked for a motion to continue this application to June 9, 2022. Tom McMillian made the motion to continue the Harry Hawker application to June 9, 2022, and it was seconded by Tim Robertson. Voted all in favor. Motion passed.
B. Petition of Robert J. Grasso, Applicant and Owner of property located at 0 South County Trail, Exeter, RI; Zoned LB-R, and further designated as Assessor’s Plat 72, Block 7, Lot 5; a request for a special use permit under Zoning Ordinance Article II, Section 2.4.1.1 (single family structure) and dimensional variance under Zoning Ordinance Article II, Section 2.4.2.4 (front setback) for a proposed single-family dwelling.
Chairman Booth introduced this application and asked if anyone was present with regards to this application. Mr. Robert J. Grasso, 40 Sawmill Drive, Unit 305, North Kingstown, RI, stepped forward and was sworn in.
Mr. Grasso informed the Board that he was before the Planning Board with an application for a minor subdivision in February. He reminded the Zoning Board that he had spoken with them back in 2020 and that the Board had raised some issues regarding the need for frontal relief. He was before the Zoning Board now for a special use permit for his 2.5-acre lot. Based on engineering he would like to build a single-family home, approximately 30x60, but would need to move the home slightly forward based on soil analysis. He noted that the first 50 feet of Route 2 is stabling, and he would then be required to have an additional 100 feet of setback. He is requesting 50 feet of frontal relief. He noted that the typography of the land would not support a commercial business. Also, if he doesn’t complete a septic design by July 1, DEM is going to change the 50 foot of disturbance requirement.
Chairman Booth posed a question to the Zoning Official. At this time, Zoning Official Hal Morgan stepped forward and was sworn in. Chairman Booth asked if there were any residential lots in that vicinity. Mr. Morgan noted that just across the street there were four, quarter acre lots. Chairman Booth acknowledged that the requested 2.5-acre lot would be comparable to other lots in the vicinity. Mr. Morgan stated that residential-wise, Mr. Grasso’s lot was actually oversized for the area. Discussion ensued around the viability of the lot due to the wetlands on the property and that in the near future DEM may actually deem the lot unbuildable due to new regulations. Mr. Grasso noted that his property would be lost under DEM’s proposed plans. Loren Andrews, and Susan Franco-Towell spoke in favor of granting the requested relief.
Chairman Booth asked if there was any additional public comment? Hearing none, Chairman Booth entertained a motion to close the public hearing. Tom McMillan made a motion to close the public hearing; Loren Andrews seconded the motion. Voted all in favor. Public hearing was closed.
At this time, Board member Tim Robertson read into the record the following:
Exeter Code 1.3.E.C: 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. 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.
Exeter Code 1.3.D.2:
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. The fact that a use may be more profitable or that a structure may be more valuable after the relief is granted shall not be grounds for relief.
Exeter Code 1.3.F.C:
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 shall demonstrate to the satisfaction of the zoning board by presenting competent evidence that the proposed use and/or structure:
1. Will be compatible with the neighboring uses and will not adversely affect the surrounding
neighbor’s use and enjoyment of their property;
2. Will be environmentally compatible with neighboring properties and the protection of
property values;
3. Will be compatible with the orderly growth and development of the Town of Exeter, and will not be environmentally detrimental therewith;
4. The best practices and procedures to minimize the possibility of any adverse effects on neighboring property, the Town of Exeter, and the environment have been considered and will be employed where applicable including, but not limited to, considerations of soil erosion, water supply protection, stormwater runoff, wastewater disposal, wetland protection, traffic limitation, safety, and circulation; and
5. That the purposes of this ordinance, and as set forth in the Exeter comprehensive plan, shall be served by said special use permit.
Chairman Booth stated that he feels the applicant has met the required criteria and asked for a motion. Tom McMillan made the motion to approve the Petition of Robert J. Grasso, Applicant and Owner of property located at 0 South County Trail, Exeter, RI; Zoned LB-R, and further designated as Assessor’s Plat 72, Block 7, Lot 5; a request for a special use permit under Zoning Ordinance Article II, Section 2.4.1.1 for a 30’ x 60’ single family dwelling in a LB-R zone; and dimensional variance under Zoning Ordinance Article II, Section 2.4.2.4, front setback relief of 50 feet, for a proposed single- family dwelling. Loren Andrews seconded the motion, all in favor 5-0. The motion passed.
A. Approval of Invoices: Esquire Deposition Solutions $300.00, Southern RI Newspapers $106.25 and Solicitor Peter Ruggiero $36.00. Chairman Booth approved all invoices.
B. Approval of Meeting Minutes April 14, 2022:
Chairman Booth entertained a motion to approve the minutes. Board member Tom McMillan made the motion to approve the April 14, 2022 minutes as submitted and was seconded by Loren Andrews. All in favor, 5-0. The motion passed.
C. Future Meeting: June 9, 2022
Motion made by Tom McMillan to adjourn the meeting at 8:50 pm; seconded by Tim Robertson. Voted all in favor. The Motion Passed.
Meeting Minutes prepared by: Rebecca M. Lukowicz and
M. Dixie Foisy
Zoning Board Clerk