I.      NEW BUSINESS:

A.  The application of Mark and Dawn Caddick, Applicant and Owner of property located at 231 Nooseneck Hill Road, Exeter, RI; Zoned LB/R and further designated as Assessor’s Plat 20, Block 3, Lot 17; a request for dimensional relief under Zoning Ordinance Article II, Section 2.4.2.5 (front setback) for proposed construction of a new medical grow facility.

Chairman Booth asked if anyone was present to speak to the above application. Lisa S. Holley, Esq., of Lisa Holley Law, 536 Atwells Avenue, Providence, RI stepped forward. She noted that Evan Rambikur, from Crossman Engineering and Mark and Dawn Caddick were also present. Attorney Holley stated that they were asking the Board for a dimensional variance in order to construct a new 7,000 square-foot medical cannabis facility, with associated site improvements and phased demolition of the existing structure.

Ms. Holley stated that they are asking for a variance for the setback. She noted that the ordinance requirement is for a 100’ setback, they are proposing a 38’ setback, indicating that the current property has only a 34’ setback.

Ms. Holley noted that the Caddick’s original request had been for a 12,000 square-foot building and at the request of the Planning Board they have reduced the building size to 7,000 sf.

Evan Rambikur, PE, Crossman Engineering, was sworn in and explained the proposed project and reviewed the site plan with the Board.

Following, Mark Caddick was sworn in and responded to Richard Quattromani’s questions. Mr. Quattromani asked about the placement of the new building and Mr. Caddick indicated that the placement allowed for additional parking. He also stated that the building would be

16’ in height and would be a metal building.

Tom McMillan asked how they had gotten to this point of needing a new building. Attorney Lisa Holley replied with a history of the property and how the Caddick’s former home had become a medical grow facility. Mr. McMillan also asked how they had come to live in Exeter and how this residential property had become a commercial venture.

Mr. Hal Morgan, Zoning Inspector, stated that the property located at 231 Nooseneck Hill Road, is designated as a LB/R zone and this use is by right.

Mr. McMillan asked what was the name on their license?   Mr. Caddick replied, St. Jude’s Compassion Center. He then asked how this facility would benefit the Town of Exeter. Mr. Caddick indicated there would be a tax benefit for the Town of Exeter.

Attorney Holley spoke to the license classification which is a “B” license. She indicated that there is a moratorium on “C” and “D” licenses currently. She then spoke about retail sales in Exeter, indicating that the Caddick’s license is only to grow medical marijuana and sell to dispensaries. Mr. Caddick then stated that he also has the “Adult Use” or hybrid licensing. Ms. Holley indicated that he can only sell to compassion centers, retail locations or other cultivators, and that the product is highly regulated.

Mr. Caddick indicated that he has been in this business since 2017 and he is really determined to make his business successful. He shared that they have been on the property for the past 5 years and that they get along with all of their neighbors. He also indicated that their plan is to donate 10 percent of their profits to St. Jude Children’s Hospital.

Tim Robertson noted that their plans are highly detailed and appreciated the changes they had made to their future plans. Mr. Robertson asked for the number of employees, and Mr. Caddick expects that number to be 8. Mr. Robertson asked what the hours of operation would be and Mr. Caddick indicated 7 am to 5 pm, daytime only.

Loren Andrews indicated that most of his questions had been answered, but did ask about the parking situation and if this business were to become a retail storefront. Attorney Holley stated that it will not become a retail business. He asked about existing well? They indicated they will be drilling a new well.

Susan Littlefield asked about the wellhead. Zoning Official, Hal Morgan noted that this was not an issue, as it is pre-existing.

Susan Franco-Towell spoke about power outages in Exeter and asked if they will have a generator. Mark Caddick said yes, and indicated that the generator size will be only large enough to get them through until power is restored.

Mark Caddick indicated that they still must come back before the Planning Board for their Preliminary approval.

Chairman Booth asked about waste and Attorney Holley indicated that there are very strict rules regarding waste and that actually other processors are buying the waste and using it to make additional products. She stated that they will only need a single dumpster and that the remaining waste is ground down and mixed in with either coffee grounds or sawdust and rendered unusable.

Chairman Booth asked for any Public Comment:

David Piccirillo, 67 Black Plain Road, stepped forward and was sworn in. Mr. Piccirillo asked about the Caddick’s changing to a retail establishment. Mr. Caddick indicated that he would not sell at this location. That the application fee is expected to be $10,000 and there are only so many licenses being issued by the state.

Richard Seymour, 56 Black Plain Road, stepped forward and was sworn in.  He stated that his biggest concern is the location of the building. He felt that if this variance is granted it will set a precedent for future establishments. He asked why parking couldn’t be in the front of the building allowing a better setback. Mark Caddick indicated that the Planning Board asked for the parking to be moved to the back of the building.

Hal Morgan, Zoning Inspector, answered Mr. Seymour’s questions and concerns. He stated that the lot coverage is 25 percent in that zone, so they are way under.

Amy Quigley, 71 Black Plain Road, stepped forward and was sworn in. She echoes the other residents’ concerns, but is concerned about how a metal building will fit in with Exeter’s “look.” She stated that she was at a previous meeting, concerned that this will become a retail business, she feels the property is too small to house this type of business.

Karen Blackmar, 225 Nooseneck Hill Road, stepped forward and was sworn in. She stated that she lives to the right of this proposed business. She shared her concerns about the speed of the traffic on Rt. 3 and noted that she has lived there for over 35 years.

At this time, Chairman Booth asked for a motion to close the public hearing.  Tim Robertson made the motion; it was seconded by Tom McMillan. The vote was all in favor; the public hearing was closed.

Tom McMillan voiced major concerns about the location of this proposed building and granting this variance. He felt this is a significant change from residential to business, and he is not prepared to grant this request.

Richard Quattromani, stated that this type of business use is allowed by right; that their responsibility is to decide on whether to grant the variance.

Tim Robertson noted that the important focus is that this is for a dimensional variance. This business has been in production for 5 years already. He mentioned that the business across the street has much more traffic and are situated very close to the road. He feels the applicant has fulfilled all of the requirements in order to grant this variance.

Loren Andrews agrees that a lot of work has gone into this application and that our decision tonight is for dimensional relief, not approving or disapproving a grow facility.

Susan Littlefield noted that all buildings are close to the road in this area. That the existing house is closer to the road than the new building will be and that our responsibility lies in granting or denying dimensional relief.

Susan Franco-Towell stated that the purpose of this Board is not about the business; but about deciding on whether or not to grant the dimensional relief.

Chairman Booth spoke to Ms. Quigley’s and the other abutters concerns and agrees with some of them, noting the size and style of the building the applicants are proposing, as well as the proximity to the road. The Chair then explained what the Board’s responsibility is.

Chairman Booth asked Tim Robertson to read into the record Exeter Code 1.3.C., 1-4:

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.

Mr. Robertson additionally read into the record 1.3.3.E.D.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.

Chairman Richard Booth asked for a motion. Tim Robertson made a motion to approve the application of Mark and Dawn Caddick, Applicant and Owner of property located at 231 Nooseneck Hill Road, Exeter, RI; Zoned LB/R and further designated as Assessor’s Plat 20, Block 3, Lot 17; a request for dimensional relief under Zoning Ordinance Article II, Section 2.4.2.5 (front setback of 62’) for proposed construction of a new medical grow facility of 7,000 sf based on the drawings and depictions presented to the board on this application. The motion was seconded by Richard Quattromani. A roll call vote was taken: Richard Booth, no; Tom McMillan, no; Tim Robertson, yes; Richard Quattromani, yes; Lauren Andrews, yes. Motion carried, 3-2.

B.   The application of Michael Bernardo, Applicant and Owner of property located at 13 Pinoak Drive, Exeter, RI; Zoned RU-3 and further designated as Assessor’s Plat 38, Block 5, Lot 18; a request for dimensional relief under Zoning Ordinance Article II, Section 2.4.2.6 (side setback) for a proposed attached garage with room above.

Chairman Booth introduced this application. Michael Bernardo stepped forward and was sworn in. He explained that they have a growing family and would like to add an addition to their present home. He explained that their property is a legal, nonconforming lot of record and they are proposing to add an attached garage with a room above, the proposed size would be 24x24 on the east side of the existing home.

Richard Quattromani asked about the proposed style and if it will fit in with the surrounding area. Mr. Bernardo responded that it is a Cape style, 2-story home, wood shingled.

Tom McMillan asked about the property to the east of the applicant’s property being town owned. Mr. Bernardo indicated that there are 2 lots to the east of his property, both owned by the town. Mr. McMillan noted that there are several lots to the east of Mr. Bernardo’s property owned by the town. After discussion with the applicant, Mr. McMillan stated that he can support this application.

Tim Robertson asked if the house was a Cape or Raised Ranch? Mr. Bernardo indicated that his home is a Cape. Board members Loren Andrews, Susan Littlefield and Susan Franco-Towell had no further questions.

Chairman Booth asked if there was any additional public comment; hearing none he asked for a motion to close the public hearing.  Loren Andrews made the motion; Tom McMillan seconded the motion. The vote was all in favor and the public hearing was closed.

Richard Booth asked that the previous five criteria be considered by each member of the board.

Tim Robertson made the motion to approve the application of Michael Bernardo, Applicant and  Owner  of  property  located at  13  Pinoak Drive, Exeter, RI; Zoned  RU-3  and further designated as Assessor’s Plat 38, Block 5, Lot 18; a request for dimensional relief under Zoning Ordinance Article II, Section 2.4.2.6 (left side setback relief of 44’) for a proposed attached garage with room above. Added to the motion it is noted that the application indicates it is the right-side setback, but it is actually the left-side setback, but it is still 44’ looking at the structure from Pinoak Drive on the eastern side. Richard Quattromanni seconded the motion. The vote was all in favor 5-0. (R. Booth, T. McMillan, T. Robertson, R. Quattromanni and

L. Andrews). The relief was granted.

(Town Solicitor Peter Ruggiero noted that the application indicates the right setback is the one with the required relief, but this should be changed to reflect it is actually a left-side setback and note that the application needs to be corrected).

II.      ADMINISTRATIVE:

A.  Approval of Invoices: Esquire Deposition Solutions, Southern RI Newspapers and Solicitor Peter Ruggiero. The Clerk stated that the invoices were approved prior to the meeting by Chairman Richard Booth.

B.  Approval of Meeting Minutes:  November 10, 2022

Tom McMillan made a motion to approve the November 10, 2022 minutes; Richard Quattromanni suggested changing Line 40 from a question mark to a period. Seconded by Loren Andrews. Vote was 3-0. (excluding Tim Robertson and Susan Franco Towell who were absent from that meeting).  The minutes of November 10, 2022 were approved as amended.

Approval of Meeting Minutes: December 8, 2022

Tim Robertson made a motion to approve the November 10, 2022 minutes; Seconded by Tom McMillan, vote was all in favor 5-0. The minutes of December 8, 2022 were approved as submitted.

C.   Future Meeting: No applications were received by the December 10th deadline, therefore, there is no February meeting.

Adjournment: Motion made by Loren Andrews to adjourn the meeting; seconded by Tim Robertson. Voted all in favor, 5-0. The meeting was adjourned at 9:24 p.m.

Meeting Minutes prepared by: Rebecca Lukowicz and

M. Dixie Foisy

Zoning Board Clerk