EXETER ZONING BOARD OF REVIEW
MINUTES OF JANUARY 9, 2025
675 Ten Rod Road
Exeter, R.I. 02822
401-294-2592
Meeting Minutes Approved: February 13, 2025
A Regular Meeting of the Exeter Zoning Board of Review was held on Thursday, January 9, 2025 at the Town Hall-Council Chambers, 675 Ten Rod Road, Exeter, RI.
Members present: Richard Booth, Tom McMillan, Richard Quattromani, Tim Robertson, Loren Andrews
Susan Franco-Towell and Stephen Sovet
Members absent: None
Others present: Peter Ruggiero, Solicitor and Dixie Foisy, Clerk
The meeting was called to order at 7:00 pm by Chair Richard Booth.
Prior to opening the Public Hearing, Chairman Richard Booth welcomed the new Zoning Inspector, David Thornley. Everyone wished him well.
Chair Richard Booth asked for a motion to open the public hearing. Tim Robertson made the motion to open the public hearing; Loren Andrews seconded the motion. A vote was taken and was all in favor; the public hearing was open.
Chairman Booth introduced the application and asked if anyone was present to speak to this application. Applicant Jeff Davide stepped forward and was sworn in. Chairman Booth asked Mr. Davide if he had recently come before the board and Mr. Davide indicated that he had in 2022 and was now looking to add an in-ground pool to his property. Chairman Booth stated he had no questions for the moment and asked Board member Richard Quattromani for his input, who also indicated that he had no questions for the applicant for the moment.
Board member Tom McMillan asked the applicant about the proposed location for the addition of the in-ground pool and how they chose the location of the pool and also how it relates to other structures on the property. Mr. Davide indicated that the property map that he has presented to the Board this evening, is the same map that was brought before the Board previously, but that it now shows the proposed pool location and demarcation lines of the 100-foot buffer from the wetland’s perimeter. Mr. Davide indicated that the location was chosen primarily for safety reasons. He then read a prepared statement explaining why they made their decision to place the pool closer the house. Mr. Davide included the following reasons: safety, less impervious patio area, sun location, and clearing/cutting trees/wetlands/wildlife habitat.
Tom McMillan asked about the wetlands. Mr. Davide explained that the Queen’s River runs behind them with defined wetlands of 200-250 feet past that and then the buffer zone within that of 50 feet (100 feet). He also indicated that the Queen’s River is consistently running and that they also have the Cutty Hunk Preserve also behind them.
Chairman Booth noted that on Mr. Davide’s application indicated that the pool would be built 15 feet from the back of the house, but that in his testimony he stated 12.8 feet. The Chairman asked if they would comply with the requirements for fencing and Mr. Davide indicated that yes that they would be enclosing the entire pool area.
The Zoning Clerk questioned the numbers indicating that the Interim Zoning Official on the Davide’s Zoning Certificate #103124-A states, “the proposed pool would be located 13.2 feet from the rear of the dwelling, so it would be located within the required 50-foot rear yard of the dwelling. Therefore, the proposed location of the pool requires a 36.8-foot dimensional variance.” Chairman Booth indicated that Acting Zoning Inspector Karen Ellsworth’s signed Zoning Certificate will be marked as Exhibit A.
Solicitor Ruggiero asked for clarification. Chairman Booth then asked the applicant to verify that the dimensional variance they are seeking is 36.8 feet. Mr. Davide indicated that number was correct. That the ordinance requires 50 feet, proposed is 13.2 feet requiring 36.8 feet of relief.
Solicitor Ruggiero stated that the Board could not question what the Zoning Inspector had issued. That the application before the Board indicated the relief. Solicitor Ruggiero also noted that the zoning certificate was issued and has not been challenged with an application before you. If you give relief and it’s not needed there’s no harm, but if you don’t give the relief and it is needed, Mr. Davide cannot install the pool.
After some additional discussion Chairman Booth asked if there was any public comment with regards to this matter. Hearing none, Chairman Booth asked for a motion to close the public hearing. Loren Andrews made the motion to close the public hearing; seconded by Tom McMillan. A vote was taken and was all in favor, 5-0 (Richard Booth, Tom McMillan, Richard Quattromani, Tim Robertson and Loren Andrews). The public hearing was closed.
Tim Robertson made the motion to approve the application of Jeffrey and Kristy Davide, Applicants and Owners of property located at 65 New Road, Exeter, RI; Zoned RU-4 and further designated as Assessor’s Plat 25, Block 4, Lot 11; a request for dimensional relief under Zoning Ordinance Article II, Section 2.4.2.7 (rear setback) for a proposed in-ground swimming pool. As per the application and lot plan as submitted for the relief of 36.8 feet to meet the proposed setback of 13.2. Seconded by Loren Andrews; a vote was taken and was all in favor, 5-0 (Richard Booth, Tom McMillan, Richard Quattromani, Tim Robertson and Loren Andrews). The motion passed.
Chairman Booth introduced this application and asked if anyone was present to address this request. Applicants Patrick and Lynn McDonald were present. Patrick McDonald stepped forward and was sworn in.
Mr. McDonald proceeded to explain the details of the proposed garage. They are asking for a 60-foot side yard setback and 2 feet in height variance. He indicated that the Allens who are their next-door neighbors have indicated that they don’t have any concerns with the build and their other neighbors, the Gardners, are behind their home by nearly 100 feet.
Chairman Booth asked about the reasoning for the height variance. Mr. McDonald indicated that he had two sets of plans prepared and preferred the one with the additional height. Chairman Booth asked if the additional height was due to the addition of a cupola. Mr. McDonald indicated no.
Board member Richard Quattromani asked if the easement is being used. He also asked if the front of the garage was facing Kayla Ricci Way. Patrick McDonald stated that the easement faces right towards their driveway and his plan is to add gravel from the driveway down to the back, past where the shed is now.
Board member Tom McMillan asked Mr. McDonald if he was the original builder and owner of the property. Patrick McDonald indicated that they are the original owners and that there is a two-car garage attached to the house, but that they are looking to add an additional two-car garage past the house and to the rear of the lot. He noted that if they were to change the plans closer to the front, it would impact their septic system. Mr. McDonald indicated that the placement is significantly better than any other location on the property.
Chairman Booth asked if there was any reason why they couldn’t move the garage in a northerly direction, and more towards the center of the lot. Patrick McDonald indicated that this would disrupt more of the land and would not make it convenient to get to the garage. Mr. Booth asked about utilities and Mr. McDonald indicated only electricity.
It was questioned as to whether there was any intention of turning the second level of the new structure into a dwelling space. Mr. McDonald stated the space would only be used for storage.
Board member Loren Andrews asked about the topography of the lot—asking if it is wooded and hilly? Mr. McDonald indicated yes both hilly and wooded.
Chairman Booth asked if there was any public comment. David Thornley, Zoning Inspector, stepped forward and was sworn in. Mr. Thornley indicated that based on the McDonald’s topography of the lot, he agrees that the requested placement for the construction of a new two-car garage is the best location as indicated on the plans submitted.
Chairman Booth called for a motion the close the public hearing. Tom McMillan made the motion to close the public hearing; seconded by Tim Robertson. A vote was taken and was all in favor, 5-0 (Richard Booth, Tom McMillan, Richard Quattromani, Tim Robertson and Loren Andrews). The public hearing was closed.
Board member Tom McMillan was satisfied with the application. Chairman Booth noted that the Board did investigate the possibility of moving the garage to a different location in order to minimize the amount of relief granted but due to the property layout they were unable to do so.
The Chairman called for a motion.
Board member Tim Robertson made a motion to approve the application of Patrick and Lynn McDonald, Applicants and Owners of property located at 64 Kayla Ricci Way, Saunderstown, RI, 02874; Zoned RU-4 and further designated as Assessor’s Plat 81, Block 3, Lot 25; a request for dimensional relief under Zoning Ordinance Article II, Section 2.4.2.6 (side setback of 20 feet with relief of 60 feet) and Article IV, Section 4.1.1.C (height variance of 2 feet proposed 22 feet, versus the ordinance of 20 feet) for a proposed 26’x 28’ two car garage as detailed in the application and diagrams provided to this Zoning Board. The motion was seconded by Tom McMillan. A vote was taken and was all in favor, 5-0 (Richard Booth, Tom McMillan, Richard Quattromani, Tim Robertson and Loren Andrews). The motion passed.
Chairman Booth introduced this application and asked if anyone was present to speak on this topic. Mr. Howard Julian stepped forward and was sworn in.
Mr. Julian reviewed the project size and location of the proposed in-ground pool with the Board.
He explained that the decision to place the pool on the side of the house was due to the location of their septic system, which is located behind the house. He stated that the pool would be located 45.1 feet from the side lot line, requiring a 34.9-foot side yard dimensional variance.
Chairman Booth asked if the pool was 15’ by 20’. Mr. Julian stated that the pool size would be a 15’x 26’ in-ground pool. The Chairman, for the record, explained that facing the front of the house with your back to New Road that the dimension from the back of the pool to the neighbor’s property on the left is approximately 41 feet. Then, from New Road facing the pool closest to New Road, the dimension would be 110 feet from the road. He also noted that the rear setback is 83.2 feet from the pool; fifteen feet from the house.
Chairman Booth asked Mr. Julian to explain the location of the filter. Mr. Julian stated it would be on the left side of the house (the New Road side) and that fencing would also be installed.
Board member Richard Quattromani wanted to verify the 45.1 feet, left side set back, and asked if the Board needed to address Section 4.1.2 as well? It was noted that the zoning certificate stated that the ordinance requirement is 80 feet, proposed 15 feet, that the amount of relief required would be 65 feet.
Board member Tom McMillan asked Mr. Julian how long he had lived at the New Road location.
Mr. Julian stated that he has been there for 20 years and that they had purchased the home from the original owners of the property. Mr. McMillan noted that they are severely under the 4-acre zoning criteria. He also noted that the limited size of their lot doesn’t give the Julians’ much area for adding anything on their lot, thus making the area a bit more congested; and that the basis of Exeter’s zoning is to promote the openness of a rural community and the reason they have these setback rules. Thus, noting that the applicant is forced to violate the setback rules by a very significant amount.
It was pointed out by the Chair that Mr. Julian was asking for half, that the ordinance is 80 feet and Mr. Julian is asking for roughly 40 feet. Mr. McMillan asked about the parcel behind the home. Mr. Julian noted that they do own about 43 feet past a stone wall in the rear of the house.
Board member Tim Robertson asked if there were any future plans for a tiki bar or pool shed to be added to the property and Mr. Julian indicated no.
Chairman Booth asked the applicant if he had any further questions; Mr. Julian indicated no.
The Chair then asked if anyone from the public had any questions for the applicant and there were none.
Chairman Booth called for a motion the close the public hearing. Loren Andrews made the motion to close the public hearing; seconded by Tom McMillan. The vote was all in favor 5-0, (Richard Booth, Tom McMillan, Richard Quattromani, Tim Robertson and Loren Andrews). The public hearing was closed.
Chairman Booth asked the Board members for any additional questions or concerns. Tim Robertson stated that he doesn’t think there are any other options for the location of the in-ground pool. Mr. Booth agreed with that observation.
At this time, Board member Tim Robertson made a motion to approve the application of Howard and Laura Julian, Applicants and Owners of property located at 163 New Road, Exeter, RI; Zoned RU-4 and further designated as Assessor’s Plat 25, Block 2, Lot 10; a request for dimensional relief under Zoning Ordinance Article II, Section 2.4.2.6, for a left side setback for relief of 34.9 feet for a proposed dimension of 41.5 feet; and also Article II, Section 4.1.2 for the setback from the house encroachment of relief of 65 feet for the proposed distance of 15 feet from the house as detailed in the application with attached diagrams. Seconded by Richard Quattromani; a vote was taken and was all in favor, 5-0. (Richard Booth, Tom McMillan, Richard Quattromani, Tim Robertson and Loren Andrews).
A. Approval of Invoices: Invoices for Southern RI Newspapers, Ron Ronzio and Solicitor Peter Ruggiero were approved by the Chair.
B. Approval of Meeting Minutes: August 8, 2024 and December 12, 2024
Meeting Minutes of August 8, 2024
Tom McMillan made a motion to accept the August 8, 2024 minutes as submitted; seconded by Richard Quattromani. Vote was all in favor, 4-0 (Richard Booth, Tom McMillan, Richard Quattromani and Stephen Sovet). The minutes were approved.
Meeting Minutes of December 12, 2024
Tim Robertson made a motion to accept the December 12, 2024 minutes as submitted; seconded by Loren Andrews. Vote was all in favor, 5-0 (Richard Booth, Tom McMillan, Richard Quattromani, Tim Robertson and Loren Andrews). The minutes were approved.
C. Future Meeting: Our next ZBR meeting will be held on Thursday, February 13, 2025 at
7 p.m. and will include (2) applications for dimensional variances.
Motion to adjourn the meeting made by Richard Quattromani; seconded by Loren Andrews.
The vote was all in favor, 7-0. The meeting was adjourned at 8:07 p.m.
Meeting Minutes prepared by:
Rebecca M. Lukowicz and
M. Dixie Foisy, Zoning Board Clerk