I.      NEW BUSINESS:

A.   Timothy Gillette, Applicant and Owner of property located at 0 South County Trail, Exeter, RI; Zoned LB-R and further designated as Assessor’s Plat 67, Block 1, Lot 7; a request for a Special Use Permit under Section 2.4.1.1 of the Zoning Use Table for proposed single family dwelling units.

Acting Chair Tom McMillan introduced this petition and asked who was present to speak on behalf of the application before the Board.

Timothy Gillette  stepped  forward and was  sworn in by  Stenographer, Ronald Ronzio.    Mr. McMillan asked Mr. Gillette to explain what he was proposing.

Mr. Gillette explained that he is proposing a 3-lot subdivision of his 9.7-acre parcel to build (3) single-family, three-bedroom homes.

Acting Chair McMillan proceeded to ask about the location being located on the west side of South County Trail and just adjacent to the road entering Deer Brook – is that correct?

Mr. Gillette stated yes, that Deer Brook is on the corner and at the beginning of his piece of property.

Board Member Loren Andrews stated that he had read the recommendation from the Planning Board and asked Mr. Gillette about the expected timeframe of this project.

Tim  Gillette  explained  that  they  must  get  wetland approval,  septic  approval  (have  already received approval on two of the septic systems), then will go back to the Planning Board one more time after this.  He noted that he has been before the Planning Board and received conditional preliminary approval, pending the special use permit(s) being granted from the Zoning Board this evening. Mr. Gillette also shared that they will need to get curb cuts and explained that they will have two driveways, with one being shared between two of the homes.

Mr. Andrews shared that in the final decision from the Zoning Board, there is a requirement of requesting a building permit within 18 months of receiving that decision.   Mr. Gillette acknowledged this requirement.

Board Member Richard Quattromani inquired about the applicant needing (3) separate special use permits – one for each lot?

Solicitor Peter Ruggiero stated that the property is one lot currently pending review by the Planning Board as these are proposed lots that will have one house on each lot. Accordingly, one special use permit decision is all that is needed from the Board tonight.  The Solicitor stated that in the decision he can reference the plan and the lots so that if the applicants approved and the plan/decision is recorded, there will be evidence of the special use running with each of the lots.

Board Member Tim Robertson stated that he is familiar with the property in front of Deer Brook and knows there are a lot of wetlands there and asked about the wetland approval still pending from RI DEM.   Mr. Gillette stated yes, and that the corner lot, where he is building one of the houses for himself, is where most of the wetlands are located.

Mr. Quattromani asked the applicant if he had reviewed the memorandum from the Planning Board and if he agrees with all of the stipulations.

Mr. Gillette stated yes, he had reviewed the memo, and said yes, that he agrees with what is required.

Acting Chair McMillan asked Stephen Sovet, alternate Board member if he had any questions for the applicant. Mr. Sovet shared that he was all set.

Acting Chair Tom McMillan asked Tim Gillette some more specific questions about the lots, wetlands, etc. and asked if he had thought about putting a business there.

Tim Gillette stated no, that is not his intent; he is just interested in building the houses.

At this time, Mr. McMillan asked for a motion to close the public hearing.

Tim Robertson made a motion; Loren Andrews seconded.  The vote was all in favor; the public hearing was closed.

Acting Chair McMillan asked the Board if there were any more questions or discussion.

Board Member Tim Robertson inquired if the zoning would change based on their decision tonight and inquired about the need for any dimensional relief.

The Zoning Official, Hal Morgan stated that the zoning stays in affect, as is, and that this project does not require any dimensional relief at this point. Relef may be required going forward as the building takes place.

As there were no more questions, the Acting Chair asked for a motion.

Mr. Robertson made a motion to approve the application of Timothy Gillette, Applicant and Owner of property located at 0 South County Trail, Exeter, RI; Zoned LB-R and further designated as Assessor’s Plat 67, Block 1, Lot 7; a request for a Special Use Permit, under Section 2.4.1.1 of the Zoning Use Table for the (3) proposed single family dwelling units, as depicted in the plan provided.  Also, to be included as part of the motion, is the Planning Board memorandum dated

12/14/2023 listing (13) stipulations.

Solicitor Ruggiero asked Mr. Robertson to also include the following special use permit criteria from 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.   That 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.

Loren Andrews seconded the motion. A vote was taken and was all in favor (McMillan, Robertson, Quattromani, Andrews and Sovet). The motion passed.

B.   Mark and Tonya Hughes, Applicants and Owners of property located at 48 West Shore Drive, Exeter, RI; Zoned RE-2 and further designated as Assessor’s Plat 83, Block 6, Lot 29; a request for an appeal of the Zoning Officials Notice of Violation and Cease and Desist for operating a bed and breakfast without a Special Use Permit as outlined in Section 2.4.1.42 of the Zoning Use Table.

Acting Chair McMillan asked for a motion to proceed as the Zoning Board of Appeals. Loren Andrews made a motion; Richard Quattromani seconded the motion. The vote was all in favor. The meeting was opened.

Mr. McMillan introduced this appeal and explained that the applicant was cited by the Zoning Inspector, Hal Morgan, for operating a bed and breakfast without obtaining a special use permit from the Town per zoning ordinance 2.4.1.42 which in the table shows the letter “S” showing that this is required in this zoning use category. Mr. Morgan had issued a zoning certificate in September of 2023 stating that a special use permit was required. Mr. McMillan went on to state that the issue before the Board tonight is simply – did the Zoning Inspector correctly apply the zoning ordinance, and if he did, the Board would uphold his action; and if he is found not to have applied it correctly, the Board would overturn the decision. Mr. McMillan shared that the applicant disagreed with the Zoning Inspector’s finding and the Board is in receipt of a letter from an attorney and the appeal application.

At this time, Acting Chair McMillan asked Mr. Morgan to speak first and explain what took place. Hal Morgan stepped forward and was sworn in by the Stenographer. Mr. Morgan began by giving a brief history of the Towns B&B’s and that he could not just address one operating, but had to address them all operating without special use permits (SUP), six in total. In reference to the issue before the Board this evening, he stated that Ms. Hughes did not want to go through the Development Plan Review process with the Planning Board or pursue a SUP through Zoning because she disagrees that she is operating a bed and breakfast, but states that they are operating a short-term rental. Mr. Morgan stated that he had explained to Ms. Hughes that short-term rentals are not a permitted use, not specified anywhere in our ordinances. The Town of Exeter’s ordinances state that if a use is not specified, the use is prohibited.  A cease-and- desist letter was issued to the Hughes, at which time an appeal was filed.

Acting Chair McMillan asked Mr. Morgan if the Hughes have ceased operating? Mr. Morgan stated that he assumes they are still operating as they are allowed to do so during the appeal process.

Board member Tim Robertson asked Mr. Morgan about the time frame of these short-term rentals – a week, a weekend? Mr. Morgan replied he is not exactly sure; he has seen some blocked out for a week on the Airbnb website.  He noted that all six of these have registered with the State of RI as short-term rentals, including the Hughes, but added that this registration does not supersede or allow them to operate without Town approval. Additionally, Mr. Morgan stated that as businesses collecting income/taxes, are they to be considered businesses in residential zones?  He added that this is an issue that will have to be addressed all through the State, in time.

Board member Loren Andrews asked to clarify with Mr. Morgan about these short-term rentals all being registered with Airbnb and registered with the State, but because this is not listed in our zoning use table, it was recommended that they apply for a special use permit, but the applicant before the Board tonight, chose not to. Mr. Morgan replied in the affirmative, and shared that by selecting the bed and breakfast use (even though they do not live there) this is the most similar; otherwise, it would be prohibited.

At this time, Tonya Hughes stepped forward and was sworn in by the stenographer.  Ms. Hughes first asked to share a packet of documents with each Board member, and this was marked as Exhibit A. Ms. Hughes then proceeded to share her experience from first receiving the notice of violation on September 20, 2023.  She stated that she originally planned to complete the required applications for Planning/DPR and Zoning/SUP, but she found the applications and information that was required so extensive and that most of it did not apply to what her “short-term rental.” Ms. Hughes also stated there was time constraint to accomplish all of this within a 2-week period.  At that point, she consulted with several attorneys and found that it was obvious that this decision by the Zoning Official was completely erroneous miscalculation of the ordinance, in her opinion. Ms. Hughes then asked to read a letter that she authored sharing her findings and research in which she stated she disagrees with Mr. Morgan’s action referring to her rental as a bed and breakfast. She went on to review her history with renting, providing many details, as well as referenced and quoted RI State law.

Upon conclusion of Ms. Hughes’ presentation, the Acting Chair then turned it over to the Board for questions. Board members Andrews, Robertson, Quattromani and Sovet proceeded to ask questions of the applicant. The issue that was reiterated is that when there is no listing of a particular use in the Zoning Use Table, the use is prohibited.

At this time, Loren Andrews and Richard Quattromani sought Solicitor Peter Ruggiero’s input and legal advice.

Solicitor Ruggiero stated that first, the matter of the Tourism law is not before the Board this evening, and as a Board you have no jurisdiction to interpret the application of that law. The Board’s only job is to hear the appeal from Mr. Morgan’s decision, nor can the Board make any determinations of law. The question before you tonight is, was the Zoning Official correct in the decision he made. When you act as an Appeal Board, you can uphold his decision, you can overturn the decision or you can come up with an entirely different outcome.  He stated that you could find it was a prohibited use, or some other use in the table.

Public Comment:

1.   Isham Picillo of 46 West Shore Drive:  Mr. Picillo stepped forward and was sworn in. He stated he resides next door to Ms. Hughes on Boone Lake and was also renting until he also received a notice of violation.  He proceeded to ask questions of the Board when he was informed by the Solicitor, through the Chair, that the public can make comments but that it is not a question-and-answer session. Mr. Picillo then stated that he is a proponent of

short-term rentals in Exeter.

2.   Ann Marie Adrain of 40 West Shore Drive: Ms. Adrain stepped forward stepped forward and was sworn in. She stated that there is a lot of grey area here between short-term rentals and bed and breakfast use. Ms. Adrain shared that she wants to enjoy the peaceful enjoyment of her home in a quiet, residential area.  Short-term rentals do not contribute to the residential area because they are transient. Where as a long-term rental, becomes a neighbor; they become someone that contributes to the community and participate as part of the community. Ms. Adrain stated that she has also done a lot of research and had a copy of the State law and refenced the state registration requirement is independent of any municipal short-term rental registration requirements.  Municipalities may still require registration and impose short-term rental requirements as permitted by law.  Ms. Adrain also noted concerns about the property at 48 W. Shore Dr. having a cesspool, not a septic, as she researched this and found no information on the RI DEM website showing a permitted septic

3.   Wendy Fenner-Aubin of 37 West Shore Drive: Ms. Fenner-Aubin stepped forward and was sworn in. She shared her concerns with safety as there are no police in Exeter; also voiced concerns with the number of people renting/staying at these short-term rentals (i.e. “frat parties”) as this relates to septic/water usage on the lake; bringing boats in and parking/circulation concerns for fire and emergency vehicles.

4.    Asa Davis of 146 Beechwood Hill Trail: Mr. Davis stepped forward and was sworn in. He stated that he has a short-term rental in Saunderstown and is registered on VRBO and wants to correct a few points that he has heard that are wrong. Mr. Davis stated that the short-term rental, the use is residential. He also stated that the term – long term, short term being days, weeks, months, years doesn’t matter as that is not distinguished on our zoning code. The question is really, was Mr. Morgan correct in applying the designation of a bed and breakfast to a short-term rental.   He added also that just because a property is rented, it doesn’t mean that it’s a commercial operation. Mr. Davis shared that he rents his home as a landlord, which is an individual act and doesn’t require a company to do this.  This does generate income which he pays taxes on but it doesn’t mean it’s a business.  He stated that part of the taxes from the short-term rentals in Exeter do get remitted to the Town.

5.   Douglas Fulford of 126 West Shore Drive: Mr. Fulford stepped forward and was sworn in.  He stated that he is a lifelong resident of Exeter and loves this little Town.  They have lived on Boone Lake for 11 years and that the lake is pristine.  He is opposed to any short-term rentals and added if this is allowed for one, it will open it up to everyone.

Prior to Mr. McMillan closing the public hearing, Ms. Tonya Hughes then asked to speak again and asked the Board to over turn Mr. Morgan’s decision and reiterated her opinions.  She also disagreed with the Solicitors previous comments and stated that she will be proceeding to Superior Court.

Acting Chair McMillan asked for a motion to close the public hearing.  Tim Robertson made the motion; Loren Andrews seconded. The vote was all in favor.  The public hearing was closed.

The Board then began their deliberations and discussed the details at length.  They struggled with there being a gap between what the State says and the ordinances in Exeter, and can sympathize with the applicant.  Board member Richard Quattromani again sought the Solicitor’s advice.

Mr. Ruggiero stated we do not have this particular use in the zoning table and noted that Mr. Morgan chose the B&B which he felt would provide a path to allow, regulate and permit.  Otherwise, it could have been prohibited all together.

In conclusion, Loren Andrews made a motion as the Zoning Board of Appeals to uphold the Zoning Officials determination of the cease-and-desist order to Mark and Tonya Hughes, of 48 West Shore Drive, Exeter, RI; Zoned RE-2 and further designated as Assessor’s Plat 83, Block 6, Lot 29.   Tom McMillan seconded the motion. A roll call vote was taken and was all in favor 5-0 (McMillan, Robertson, Quattromani, Andrews and Sovet). The decision passed to uphold the Zoning Officials decision.