Minutes Approved: October 13, 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, September 8, 2022 at the Town
Hall Offices, 675 Ten Rod Road, Exeter, RI.
Members present: Richard Booth, Tom McMillan, Tim Robertson, Loren Andrews and Susan Littlefield
Members absent: Richard Quattromani, Susan Franco-Towell Others present: Peter Ruggiero, Solicitor and Dixie Foisy, Clerk Meeting called to order at 7:32 pm by Chairman Richard Booth
A. Renew Solar RI Exeter Ten, LLC Applicant, and James Marshall, Owner of property located at 590 Ten Rod Road, Exeter, RI; Zoned RU-4, and further designated as Assessor’s Plat 37, Block 1, Lot 5; a third request for an extension of the special use permit for a proposed utility scale solar facility.
Chairman Booth introduced the above application and asked if someone was present to speak to this third extension request for a special use permit. Kelly Morris-Salvatore, (Ms. Salvatore), attorney for the project was present. She also indicated that James Marshall, owner of the property, Jason Gold and a representative of Nautilus, Caleb Patrick, were also present.
Chairman Booth asked Ms. Salvatore to explain why they were requesting this third extension. Ms. Salvatore explained that the project began in 2019 before there was a zoning ordinance change in Exeter, which occurred after the project was underway. The former ordinance allowed for an 18-month period and a one-year extension which their application was filed under. She noted that as a part of a major land development application, there were three stages of review before the planning board as well as the approval of the special use permit. She stated that the Master Plan was filed by her client’s previous owner, Clearway Energy, approved on January 22, 2019 and recorded in
February 2019. She noted that the Master Plan is vested for two years with another two, one-year, by-right extensions of the Master Plan, which they have received from the Planning Board. She stated that they have extensions of the Master Plan vested through February 2023. Chairman Booth noted that that piece was different from Zoning.
Ms. Salvatore stated that her client, Nautilus, did not own the project in February 2019, that they had purchased the project in early 2020. The original special use permit was granted by the Zoning Board on March 25, 2019 with the one-year condition, she indicated that they had received those extensions through September 14, 2022. Ms. Salvatore expressed that there are permits that are outstanding, in particular the Physical Alteration Permit, noting that they have another hearing with the Rhode Island Scenic Roadways Commission in October. She stated that they have spoken with Town Planner, William DePasquale, who indicated that he would ask for a waiver for all state approvals in order for them to apply for the Preliminary Plan. Ms. Salvatore explained that with the transition from National Grid to RI Energy and a stall in negotiations between the utility and the developers, relative to cost for the interconnections with National Grid (now RI Energy), these unforeseen occurrences have delayed this project. She noted that all these things are happening all at once, including Covid-19 which has affected both government and business affairs, culminating in this project’s delay and their request for an extension.
Chairman Booth asked if there were any comments or questions from the Board members? Board member Susan Littlefield stated that she would like to hear from DEM and others, confirming Ms. Salvatore’s assertions that certain unforeseen conditions have stalled Nautilus from moving forward with this project. Ms. Salvatore felt that Mr. Gold could testify confirming her information. She indicated they have a Preliminary Plan pending with the Planning Board that will be reviewed in October, and their Master Plan is vested until February 28, 2023. Ms. Salvatore suggested a six-month extension as opposed to a one-year extension.
Board member Tom McMillan asked Attorney Salvatore about the project and asked if this was the identical solar proposal from the original request? Ms. Salvatore indicated that yes, nothing has changed, we are simply asking for an extension of what the Board has already approved.
Board member Tim Robertson was concerned about setting a precedent. He stated that questions could arise when it comes to any appeal process. Ms. Salvatore indicated that under the land use law you don’t ever set a precedent, because each property is unique and you have to look at the circumstances of each project. She indicated that the property is owned by Mr. Marshall and that the project itself, which is a lease on the property, is owned by Nautilus, formerly owned by Clearway Energy.
Solicitor Peter Ruggiero asked Attorney Salvatore to clarify who is the current project applicant? She indicated that it is still Renew Solar RI Exeter Ten, LLC.
Chairman Booth asked for a motion to close the Public Hearing. Tim Robertson made the motion and Tom McMillan seconded the motion; Vote was all in favor. The Public Hearing was closed.
Discussion ensued between the Board members regarding the issuing of a 6-month extension. Solicitor Ruggiero stated that even though they are scheduled to come in front of the Planning Board in October, the Planning Board has up to 90 days to make a decision. They would have up until December to make a ruling. However, if the Zoning Board does not approve the extension, then Planning Board does not have the intermediate approval they need to proceed to Preliminary. If they follow the requirements, they would not be able to hear the applicant.
Board member Loren Andrews made a motion stating that in lieu of the extenuating circumstances discussed before this board, he would move to grant a six-month extension for Renew Solar RI Exeter Ten, LLC, for the special use permit to be extended to March 14, 2023.
Chairman Richard Booth indicated that there was a motion on the floor, Susan Littlefield seconded the motion, a vote was taken 4-1, the motion carried. (In favor: Richard Booth, Tom McMillan, Loren Andrews and Susan Littlefield; Against: Tim Robertson).
A. The application of Joseph E. Newsome and Adrienne T. Irish Newsome owners of property located at 2242 Ten Rod Road Exeter, RI; Zoned CR-5 and further designated as Assessor’s Plat 29, Block 1, Lot 10 seeking a special use permit for the purpose of operating a Bed and Breakfast (short term vacation rental) pursuant to Exeter Code, Appendix A Zoning, 2.4.1.42.
Chairman Booth introduced the application of Joseph E. Newsome and Adrienne T. Irish Newsome and asked if anyone was present to speak to this application. Joseph E. Newsome was sworn in. Mr. Newsome indicated that they have been operating a short- term rental out of their home, located at 2242 Ten Rod Road, for the past couple of years and were recently notified in January that they needed a special use permit to operate this correctly. He indicated that they have been doing this since the summer of 2019, when they both lost their regular sources of employment and are currently in the senior citizen category. He stated that they have owned this property, which is on 165 West, for
27 years and have used the property as a means of supplementing their income. Mr.
Newsome shared that 95 percent of their rentals are weekend rentals, guests arriving on Friday and leaving on Sunday. Seventy-five percent of those rentals occurs over seven months (May through early November). Chairman Booth asked if they live on the property, and Mr. Newsome indicated that they do not.
Mr. Newsome introduced his wife, Adrienne T. Irish Newsome, and stated they are the parents of three grown sons and five grandchildren and have enjoyed the property since
1995. He noted that as it turned out during Covid this property provided a service to individuals and families who needed to get away and isolate themselves from other people. Mr. Newsome indicated that they introduced some very rigorous protocols around cleaning then and continue to do so today. Mr. Newsome stated that their guests are limited to eight individuals. He noted that they have been before the Planning Board in May and that the project was looked at for septic, water, lighting, parking and so on. Mr. Newsome reviewed the site plan with the Board.
Susan Littlefield asked who they go through to book their guests. Mr. Newsome stated that they use Airbnb. They were asked if they have a property manager; Mr. Newsome indicated that he was the property manager.
Board member Tom McMillan asked why they had come before the Board now, since they’ve been operating for the past two years. Mr. Newsome stated that they had received a letter stating that, “It has come to our attention…” Mr. Newsome indicated that taxes, earned from rentals, are remitted to the State through Airbnb.
Questions arose regarding the designations that the ordinances in the Town of Exeter have regarding home rentals and/or Bed and Breakfast rentals.
Chairman Booth asked for any public comment. Hearing none he asked for a motion to close the Public Hearing. Loren Andrews made the motion and Susan Littlefield seconded the motion; vote was all in favor (5-0). The motion passed.
Chairman Booth asked the Board if they had any further discussion and went on to state that the Newsome’s had done a great job and also recognized that no one has lodged any complaints and that all of their neighbors have been notified. Hearing no further discussion, Tim Robertson made a motion to approve the application of Joseph E. Newsome and Adrienne T. Irish Newsome owners of property located at 2242 Ten Rod Road Exeter, RI; Zoned CR-5 and further designated as Assessor’s Plat 29, Block 1, Lot
10 seeking a special use permit for the purpose of operating a Bed and Breakfast (short term vacation rental) pursuant to Exeter Code, Appendix A Zoning, 2.4.1.42. Loren Andrews seconded the motion; vote was all in favor (5-0). The motion carried.
A. Approval of Invoices: Esquire Deposition Solutions, Southern RI Newspapers and Solicitor Peter
Ruggiero; invoices approved by Chair Richard Booth.
B. Approval of Meeting Minutes: May 12, 2022, June 9, 2022, June 15, 2022 & July 14, 2022
Approval of Meeting Minutes May 12, 2022
Chairman Booth entertained a motion to approve the minutes. Board member Loren Andrews
made the motion to approve the May 12, 2022 minutes and seconded by Tom McMillan. All in favor, 4-0. The motion passed.
Approval of Meeting Minutes June 9, 2022
Chairman Booth entertained a motion to approve the minutes. Board member Loren Andrews made the motion to approve the June 9, 2022 minutes and seconded by Tim Robertson. All in favor, 5-0. The motion passed.
Approval of Meeting Minutes June 15, 2022
Chairman Booth entertained a motion to approve the minutes. Board member Susan Littlefield
made the motion to approve the June 15, 2022 minutes and seconded by Tim Robertson. All in favor, 4-0. The motion passed.
Approval of Meeting Minutes July 14, 2022
Chairman Booth entertained a motion to approve the minutes. Board member Loren Andrews made the motion to approve the July 14, 2022 minutes and seconded by Susan Littlefield. All in favor, 3-0. The motion passed.
C. Future Meeting: October 13, 202; one application for dimensional relief for a detached garage and gym.
Motion made by Tim Robertson to adjourn the meeting at 8:32 pm; seconded by Loren Andrews. Voted all in favor. The Motion Passed.
Meeting Minutes prepared by: Rebecca M. Lukowicz and
M. Dixie Foisy
Zoning Board Clerk