I.            NEW BUSINESS:

A.      The application of Michael and Jennifer Acton, applicants and owners of property located at 740A South County Trail, Exeter, RI; Zoned Business/Planned District and further designated as Assessor’s Plat 76, Block 4, Lot 7; a request for a special use permit under Zoning Ordinance Appendix A, Section 2.4.1.42, for the purpose of operating a Bed and Breakfast (short term rental).

Chair Richard Booth introduced this application and asked if someone was present to speak. Michael J. Acton and Jennifer Acton were both present and stepped forward to be sworn in.

Jennifer Acton reviewed their home’s setup which includes an in-law apartment. She stated that they have owned the property since 2020. Mrs. Acton indicated that they have rented out their in-law apartment over the last two seasons as an Airbnb (bed-and-breakfast). Friends and family have used it in the past, and they have restricted it to two people at a time, no children or pets. She noted that the house has a septic system built to accommodate 4-bedrooms and that there is plenty of parking as they are situated on 61 acres of land.  Mr. Acton noted that they have had people from Switzerland and China, stay with them and that they are listed as 5-star hosts on the Airbnb website.  They also reported that they have had no issues with the neighbors and noted that one their neighbors sold them the property.

Board member Tom McMillan asked how they came to be in front of the Board this evening. Jennifer Acton stated that short-term rentals had become an issue in Rhode Island and more specifically in Exeter. They learned that individuals who wanted to maintain a short-term rental, would now need to be issued a special use permit. Mr. Acton indicated that they had registered as a business with the State of Rhode Island. After which the Town of Exeter, looking at those who had registered as having an Airbnb, were issued a cease-and-desist order by the Town, stating that they would need to be issued a special use permit. Michael Acton stated that the reason they had come before the Zoning Board, was to comply with Exeter’s ordinances requiring a special use permit.

Chairman Booth indicated to Tom McMillan that there is no classification in the Exeter Zoning ordinances for an Airbnb (short-term rental), except for a bed and breakfast.  Mr. McMillan asked the Acton’s to describe the portion of the house that they are making available for this use.  Mr. Acton explained that there is a main house with a small L-shaped portion, which was originally built for a caretaker to live to care for the family. They stated that they live in the main part of the house and rent out, what was previously used as an in-law apartment, usually for 2 or 3 days at a time.

Mr. McMillan asked if they understood the Zoning on their property.  Mr. Acton stated that the front portion of their property is zoned commercial. He also shared that they are a level 2 farm, registered with the State of Rhode Island. That they have a land program with the USDA and are currently farming on the property.  Mr. McMillan then explained that their frontage of about 3 or 4 hundred feet is zoned business, and the remainder of the property is zoned Planned District (PD), and went on to read the definition of what that zone is designed for.  Some discussion ensued.

Mr. McMillan was asking questions of Mr. Hal Morgan, Zoning Inspector.  Accordingly, Mr. Morgan stepped forward and was sworn in. Mr. McMillan then asked Mr. Morgan if this application was different from previous bed and breakfast applications that the Board has considered.

Mr. Morgan stated that our Zoning ordinance allows for bed and breakfast operations in certain zones. He stated that the Board has approved other people for B&B’s, who live in their homes and rent out a room or two. Mr. Morgan stated that it does not differ from what Mr. and Mrs. Acton are doing as far as he was concerned. He indicated that the Town has two or three applicants out of the 6 that will not be doing it, one who is suing the Town, because of the Board’s decision, insisting they were not a B&B, but a short-term rental; and then stated that is how it washes out right now. That people who run an Airbnb, need to apply for a special use permit, as a Bed and Breakfast.

Solicitor Ruggiero recommended they stay on topic, that the only matter that was before them was the Acton application.

Board member Richard Quattromani was recognized and asked the applicant about when they would be renting out the space. Mr. Acton indicated that April through October is when they rent and mostly on the weekends.  Michael Acton stated that they may rent out occasionally outside of this timeframe; sometimes during the holidays as well.

Board member Loren Andrews asked the applicants to clarify that they live at their home, located at 740A South County Trail, and that they do not provide breakfast. The Acton’s indicated that they do live in the home and do not provide breakfast. It is basically a short-term rental.

Mr. Andrews then asked Counsel, that according to the new general laws, was he correct in assuming, stated in Paragraph C, if an ordinance does not expressly provide for a specific and objective criterion for the issuance of a category, then it shall be deemed to be permitted. Then if we do not have language for short-term rental then by this statute, it should be permitted, correct?

Solicitor Ruggiero indicated that the Town’s Zoning Enforcement Officer has determined this to be a bed and breakfast, not a short-term rental. That there is no provision for short-term rental, therefore, that would be a prohibited use. The Zoning Enforcement Officer said that because it is not listed as a use in the Zoning Use Table, the closest thing is a bed-and-breakfast, and he considers these to be equivalent to a bed-and-breakfast.

Board member Tim Robertson was recognized. He indicated that he looked up the property on Zillow, noting that he is familiar with the property, recognizing that 60 acres is significant. Mr. Robertson asked about 740 A, B, and C, etc.  Mr. Acton explained that there is 740, 740A (with a 4100 sq ft home which belongs to them) and 740B only. Mr. Robertson acknowledged the property is beautiful and very private. Mr. Robertson referenced the 3-car garage.  Mr. Acton stated that they had a two-car parking area created just for the B&B. That they paved a half-mile into their property and spent $90,000 on asphalt. Mr. Robertson asked about fire apparatus access and Mr. Acton indicated that would not be a problem and that they had met all required fire exits and codes for the B&B. Mr. Acton also stated that they have chosen to limit the time guests will be allowed to stay.  He did also indicate that the home was built based on a 4-bedroom septic system and the home only has 3 bedrooms (including the rental).

Tom McMillan mentioned that the Acton’s had gone before the Planning Board and received a recommendation from the Planning Board with a condition requiring the Acton’s to return to the Planning Board in the future should they decide to subdivide their land. Michael Acton stated that he is aware of this request from the Planning Board and replied to Mr. McMillan.

Mr. Robertson asked Counsel whether the Zoning Board should have to consider a condition that has been suggested to them by the Planning Board, placing a restriction on the Acton’s should they decide to sub-divide their land in the future. He felt it doesn’t seem relevant to this SUP application.  Solicitor Ruggiero stated that the Planning Board issued an advisory opinion and made a recommendation, but this Board has to decide what they deem appropriate.  Mr. Morgan did not think this restriction was germane to this proceeding.

PUBLIC COMMENT:

Chairman Booth recognized Asa Davis, 146 Beechwood Hill Trail, Exeter, RI.  Mr. Davis was sworn in by the stenographer and proceeded to read a written statement citing some concerns he has faced with obtaining zoning certificates for his own short-term rental in Exeter, as well as other concerns with how the Town is handling this zoning use issue.

At this time, Chairman Booth asked if there was anyone else from the public who would like to be heard.  Hearing none, he called for a motion to close the Public Hearing. Tom McMillan made a motion to close the public hearing; seconded by Tim Robertson. The vote was all in favor. The public hearing was closed.

Chairman Booth asked if any of the Board members had any comments.

Tom McMillan still had concerns regarding the Planned District (PD), stating the purpose of the PD zone is to provide control for future business and industry, including special sites like the Ladd Center and Dorset Mill. An additional purpose was to foster development given the unique nature of these zones, as sites for future mixed-use development. He stated that he knows the Town is actively seeking tax revenue to assist with the budget and he presumes that’s the basis for this zone.  Mr. McMillan did say this will not sway him from approving this petition.

Loren Andrews indicated that he did not see a reason for not granting the SUP, based on the information he had read in the state statute.

Tim Robertson, again shared he was familiar with the property, that everything looks good. With regard to other comments about short-term rental vs. a Bed and Breakfast, he would only be considering what was indicated on the application before of the Board. He noted that there are changes in the statute that went into effect as of January of 2024, but he doesn’t think this changes what they were being asked for at this meeting.

Chairman Booth indicated that part of the reason for hearing this application tonight, was because there is no classification for an Airbnb, and if it is not specifically spelled out in our zoning ordinance, then it is specifically excluded. So, there is a need to fit it in one of the categories that exists, as best we can.

Richard Quattromani asked if the Board was going to consider the recommendations from the Planning Board.  Discussion ensued and it was concluded that any subdivision that may happen in the future, would have to go before the Planning Board anyway.

Solicitor Peter Ruggiero indicated that the Board could add this to their motion and make it provisional, but stated if the applicants/owners were to subdivide the property, they would need to follow both state and local regulations, whether a condition is placed or not. That they are not free to subdivide the property. Where the house is, is where the SUP exists. Further discussion ensued and it was agreed that it is not germane to what they are tasked with this evening.

             Tim Robertson read 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.

Tim Robertson made a motion that the application of Michael and Jennifer Acton, applicants and owners of property located at 740A South County Trail, Exeter, RI; Zoned Business /Planned District and further designated as Assessor’s Plat 76, Block 4, Lot 7; that we approve their request for a special use permit under Zoning Ordinance Appendix A, Section 2.4.1.42, for the purpose of operating a Bed and Breakfast. Loren Andrews seconded the motion; a vote was taken and was all in favor (Richard Booth, Tom McMillan, Richard Quattromani, Tim Robertson, Loren Andrews).  The motion passed.

II.            ADMINISTRATIVE: