I.      NEW BUSINESS:

A. The application of Knollwood Building Corporation, Applicant and Tradewind Investments, LLC, Owner of property located at 0 Jeannette Court, Exeter, RI; Zoned RU-4 and further designated as Assessor’s Plat 77, Block 4, Lot12; a request for dimensional relief under Zoning Ordinance Article II, Section 2.4.2.4 (front setback) and 2.4.2.6 (side setback) for a proposed single-family dwelling.

Chair Richard Booth introduced this petition; Richard Marcello was present and sworn in.

Mr. Marcello explained that this is one of the last lots available on Jeannette Court and shared that this area was originally a 2-acre lot zone and over the years at some point it was re-zoned to 4 acres. At this time, he presented a copy of the original recorded plat map dated 1988 to the Chair.

Chair Richard Booth asked if he could keep the map and noted it will be marked as Exhibit A, and that the applicant’s property is highlighted in yellow. Accordingly, Mr. Marcello stated that they are before the Board seeking relief in the front and on one side of the property for a single-family dwelling.

The Chair asked to confirm that when Mr. Marcello purchased this property, it was zoned as a

2-acre lot and at that time, he would not have needed any relief. Mr. Marcello confirmed this was correct and also noted that the neighborhood next to Jeannette Court is still zoned as 2- acre.

In reviewing the site plan, a larger, 11 x 17 plan was given to the Board to view.  The Chair marked this as Exhibit B.

Mr. Marcello stated that the front setback on the plan shows as 70 feet (from Jeanette Court to the front of the house) so they are seeking 30 feet of relief for the front. He shared that there are wetlands in the back and the land is steeply sloped, so they have to work with the terrain in order for the house to fit. They also need relief on the left-side of the lot where there is 35 feet to the property line and they require 45 feet of dimensional relief. He then stated that they meet the rear set-backs, as well as the setbacks on the right side of the property.

Tom McMillan asked some questions about the elevation changes in the land being a concern when building and then inquired if Mr. Marcello had drawings of the house design.

Richard Marcello shared three drawing plans of the house design, and Chair Richard Booth marked these as Exhibit C (the fourth page was the site plan mentioned above and marked as Exhibit B).

Chair Richard Booth asked the applicant if this house is similar in characteristics to the houses in the neighborhood. Mr. Marcello replied in the affirmative.

Mr. McMillan asked about the elevation of the house and the garage. Mr. Marcello stated that the elevation of the front of house is approximately 195’ and the rear is approximately 187’ with about a 20-foot drop; but more level on the left side and the further to the right is more of a drop. Mr. McMillan stated that he is just concerned as the Board is supposed to grant the least variance possible. Richard Marcello stated this is the only way to situate the house on this lot and that it is the least amount of relief necessary.

Richard Quattromanni asked about the height of the home from the ridge to the bottom. Mr. Marcello stated it is about 32 feet from the first floor to the second floor, with a walk out to the back.

Tim Robertson understands that looking at the topography map, this is a unique shaped lot and not easy to develop. Mr. Marcello explained how they will make it work. Loren Andrews had no questions.

Richard Booth reiterated that this is a 2-acre lot that is zoned RU-4; questioned that they did not ask for acreage relief.  Solicitor Ruggiero responded that he does not need to as this is a pre-existing, legal lot of record, that remains non-conforming. They are allowed to build a house on it and do not need to seek relief for the lot size requirement, as this lot was made a legal non-conforming lot when the zoning was redesignated from 2-acre to 4-acre.

Tom McMillan asked about the 200-foot jurisdictional area noted on the plan. Mr. Marcello stated that this is the 200-foot jurisdictional area to the wetlands.

At this time, Chair Richard Booth asked if there was any public comment. There was none.

The Chair then asked for a motion to close the public hearing. Loren Andrews made a motion; Tom McMillan seconded.  All in favor. The public hearing was closed.

There was a brief discussion among the Board members, then Chair Richard Booth asked if Board member Tim Robertson would read the Exeter Code for the record.

Board member Tim Robertson then 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.

Additionally, Exeter Code Section 1.3.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.

Tim Robertson then made a motion that the application of Knollwood Building Corporation, Applicant and Tradewind Investments, LLC, Owner of property located at 0 Jeannette Court, Exeter, RI; Zoned RU-4 and further designated as Assessor’s Plat 77, Block 4, Lot12; a request for dimensional relief be approved under Zoning Ordinance Article II, Section 2.4.2.4, front setback relief of 30 feet; and 2.4.2.6, left-side setback relief of 45 feet;  for a proposed single- family dwelling as presented in the drawings to the Zoning Board.   Richard Quattromanni seconded the motion; the vote was all in favor (Booth, McMillan, Robertson, Quattromanni and Andrews).  Motion passed.

II.      ADMINISTRATIVE:

A.  Approval of Invoices: Esquire Deposition Solutions and Solicitor Peter Ruggiero. The invoices were approved prior to the meeting by Chairman Richard Booth.

B.  Approval of Meeting Minutes:  April 13, 2023

Tom McMillan made a motion to approve the April 13, 2023 minutes; seconded by Loren Andrews. Vote was 3-0. The minutes of April 13, 2023 were approved as submitted.

C.   Future Meeting: Thursday, August 10, 2023.

Adjournment: Motion to adjourn the meeting made by Loren Andrews; seconded by Tim Robertson. Voted all in favor, 5-0. The meeting was adjourned at 8:07 p.m.

Meeting Minutes prepared by: M. Dixie Foisy

Zoning Board Clerk