EXETER ZONING BOARD OF REVIEW
MINUTES OF THURSDAY, NOVEMBER 9, 2023
675 Ten Rod Road
Exeter, RI 02822
401-294-2592
Meeting Minutes Approved: December 14, 2023
A Regular Meeting of the Exeter Zoning Board of Review was held on Thursday, November 9, 2023 at the Town Hall Offices, 675 Ten Rod Road, Exeter, RI.
Members present: Tom McMillan, Richard Quattromani, Loren Andrews, Susan Franco-Towell and Stephen Sovet
Members absent: Chairman Richard Booth and Tim Robertson
Others present: Peter Ruggiero, Solicitor, Hal Morgan, Zoning Inspector, and Dixie Foisy, Clerk
The meeting was called to order at 7:30 pm by Acting Chair Tom McMillan.
Acting Chair McMillan first asked for a motion to open the public hearing; Loren Andrews made a motion to open the public hearing; Susan Franco-Towell seconded the motion. The vote was all in favor; the public hearing was open.
A. The Petition of William A. Manchester Jr., applicant and owner for property located at 0 East Shore Drive, Exeter, RI; Zoned RE-2, and further designated as Accessor’s Plat 19, Block 13, Lot 2; a request for dimensional relief under Zoning Ordinance Article II Section 2.4.2.4 front setback; 2.4.2.6 side setback; for a proposed single-family dwelling.
Acting Chair McMillan introduced this petition and asked who was present to speak on this application. William A. Manchester, Jr. stepped forward and was sworn in by the stenographer. Acting Chair McMillan asked the applicant to explain what he is proposing and why he needs dimensional relief.
Mr. Manchester stated that he has owned this property on East Shore Drive for about 5 years and wants to build a new single-family dwelling and due to wetland restrictions (which has been reviewed by RIDEM), he requires dimensional relief. Mr. Manchester stated that he has received septic design approval. He also explained that he was before the Zoning Board approximately 3 years ago and was approved for this same project. He stated, unfortunately, he let the approval lapse and did not request an extension. Accordingly, he is back before the Board, requesting dimensional relief again.
Acting Chair McMillan asked Mr. Manchester some questions about the size of the proposed house, and the project location due to wetlands on the property. He then asked the Board members if they had any questions for the applicant.
Loren Andrews asked Mr. Manchester about the property details and the wetlands that are there. Mr. Andrews stated that he understands the side setbacks but asked if he could move the house back any further.
Bill Manchester replied no he cannot move it back any further due to RIDEM – due to the wetlands and the topography of the lot.
Stephen Sovet had no questions for the applicant.
Susan Franco-Towell appreciates the information the map and dimensions provide, but asked the applicant questions pertaining specifically to the size and character of the structure.
Bill Manchester stated that he provided house plans to the Building Official, Ron DeFrancesco a few months ago, but did not bring that information with him for this meeting. Mr. Manchester then shared some of the numbers on the size/layout of the proposed home.
Ms. Franco-Towell stated she would have like to see some sketch or rendering of the house to know that it will be of similar character to the surrounding homes.
Mr. Manchester assured her that it will be like the other homes in the area and stated that he has lived on the other side of the lake for 26 years.
Richard Quattromani inquired about how the house will be positioned on the lot and if it will be parallel to the property line.
Bill Manchester stated yes it will be parallel.
Acting Chair McMillan spoke to the Board and the applicant about receiving a letter from one of the abutting neighbors regarding their concerns with this proposed project. The applicant and all the Zoning Board members received a copy of this letter; it will be marked as exhibit A for the record. Discussion ensued between the applicant and the Acting Chair regarding the concerns raised.
Susan Franco-Towell added her comments in reference to receiving this letter (marked as exhibit A) noting that this is not something within the Board’s prevue; that it is a RIDEM issue and that anyone with concerns should contact the State. Ms. Franco- Towell added that the applicant has done his due diligence.
Acting Chair McMillan then asked the Zoning Official, Hal Morgan, if he had anything to add. Mr. Morgan stated he was good with this proposal.
At this time, Acting Chair Tom McMillan asked for a motion.
Loren Andrews made a motion to approve the application of William A. Manchester Jr., applicant and owner for property located at 0 East Shore Drive, Exeter, RI; Zoned RE-2, and further designated as Accessor’s Plat 19, Block 13, Lot 2; a request for dimensional relief under Zoning Ordinance Article II Section 2.4.2.4 front setback of 30 feet; and 2.4.2.6 side setback of 15 feet; for a proposed single-family dwelling. The motion was seconded by Susan Franco-Towell. A vote was taken, and was all in favor 5-0 (McMillan, Quattromani, Andrews, Franco-Towell and Sovet). The motion passed.
Zoning Board member Loren Andrews then read into the record the following:
Exeter Zoning Code 1.3.E.C (General provisions; variances): 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 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.
A. Approval of Invoices: Southern RI Newspapers invoice was approved by Acting Chair McMillan.
B. Approval of Meeting Minutes: October 12, 2023
Loren Andrews made a motion to approve the October 12, 2023 minutes; seconded by Susan Franco- Towell. Vote was 5-0. The minutes of October 12, 2023 were approved as submitted.
C. Future Meeting: The next meeting will take place on Thursday, December 14, 2023.
Adjournment: Motion to adjourn the meeting made by Loren Andrews; seconded by Susan Franco-Towell. Voted all in favor, 5-0. The meeting was adjourned at 8:05 p.m.
Meeting Minutes prepared by:
M. Dixie Foisy
Zoning Board Clerk