I.                    CALL TO ORDER/ROLL CALL

The regular meeting of the Exeter Zoning Board of Review is called to order at 7:00 p.m. on Thursday, June 12, 2025 in the Town Council Chambers of the Exeter Town Hall at 675 Ten Rod Road, Exeter. 

Zoning Board Members present:          Richard Booth, Chair

Thomas McMillan, Vice Chair

Loren Andrews

Richard Quattromani

Timothy Robertson

Stephen Sovet

Zoning Board Members absent:          Susan Franco-Towell

Also in attendance:                      Peter Ruggiero, Zoning Solicitor

David Thornley, Zoning Official

II.                  NEW BUSINESS/APPEALS – CONTINUED PUBLIC HEARING

A.                  Asa S. Davis III and Lauren B. Kelly-Davis, Applicants and Owners of property located at 146 Beechwood Hill Trail, Exeter, RI, further identified as Assessor’s Plat 77, Block 6, Lot 24 and Asa S. Davis III, Applicant and Owner of property located at 0 Ten Rod Road/740 Ten Rod Road/50 Estate Drive/85A Hallville Road, Exeter, RI, further identified as Assessor’s Plat 36, Block 2, Lot 2. The issues appealed and grounds for the appeals are set forth by the appellants, as follows:

Chairman Booth stated the Board is here to address items continued from the appeal hearing of May 8, 2025: Items Nos. 1, 4, and 5. Nos. 2, 3, 6, 7, 8 and 9 were resolved at the last meeting.

Appellant Asa Davis in attendance asked if the recording of this meeting is the official recording, and Solicitor Ruggiero confirmed it is.  Mr. Davis stated June 12^th is past the 65 days mandated by State statute for rendering a decision on appeals, he did not agree to this extension, and referenced the Zoning Certificate received May 15th from Karen Ellsworth.  

Chairman Booth stated tonight’s hearing continuation begins with the Zoning Map.

1.                  Zoning Map - “The zoning map is required to be updated by the zoning inspector within 90 days of any changes. The Exeter Zoning Map has not been updated for 13 years, although numerous changes have been approved in that period, and errors pre-dating are also evident.”

A motion was made by Member Andrews with second by Vice Chair McMillan to reopen the public hearing.  Chairman Booth, Aye; Vice Chair McMillan, Aye; Member Andrews, Aye; Member Quattromani, Aye; Member Robertson, Aye; Member Sovet, Aye; Member Franco-Towell, absent. Motion passes by a unanimous vote of the Members present (5-0). 

Mr. Davis stated he is asking the Zoning Board to issue a new, updated Zoning Map, commented on the requirements for acceptance of roads, updating Town maps, and events that led to tonight’s public hearing continuation. Lengthy discussion ensued of the zoning map, its purpose, and jurisdiction of the Zoning Board.

A motion was made by Member Quattromani with second by Vice Chair McMillan to close the Public Hearing. Chairman Booth, Aye; Vice Chair McMillan, Aye; Member Andrews, Aye; Member Quattromani, Aye; Member Robertson, Aye; Member Sovet, Aye; Member Franco-Towell, absent. Motion passes by a unanimous vote of the Members present (5-0). 

Discussion. Members present comment the Zoning Board does not have jurisdiction over the Zoning Map.  Solicitor Ruggiero concurred.

A motion was by Vice Chair McMillan with second by Member Andrews to deny for lack of having a proper appeal, and that the requested changes sought in the Zoning Ordinance Map are involving streets and are not relevant to the Zoning Ordinance.   Chairman Booth, Aye; Vice Chair McMillan, Aye; Member Andrews, Aye; Member Quattromani, Aye; Member Robertson, Aye; Member Sovet, Aye; Member Franco-Towell, absent. Motion passes by a unanimous vote of the Members present (5-0). 

Mr. Davis stated he is asking the Zoning Board to issue a new, updated Zoning Map and commented on the requirements for acceptance of roads, updating Town maps, and events that led to tonight’s public hearing continuation. Lengthy discussion ensued of the zoning map, its purpose, and jurisdiction of the Zoning Board.

A motion was made by Member Quattromani with second by Vice Chair McMillan to close the Public Hearing. Chairman Booth, Aye; Vice Chair McMillan, Aye; Member Andrews, Aye; Member Quattromani, Aye; Member Robertson, Aye; Member Sovet, Aye; Member Franco-Towell, Absent. Motion passes by a unanimous vote of the Members present (5-0). 

Discussion. Members present comment the Zoning Board does not have jurisdiction over the Zoning Map.  Solicitor Ruggiero concurred.

A motion was by Vice Chair McMillan with second by Member Andrews to deny for lack of having a proper appeal, and that the requested changes sought in the Zoning Ordinance Map are involving streets and are not relevant to the Zoning Ordinance.   Chairman Booth, Aye; Vice Chair McMillan, Aye; Member Andrews, Aye; Member Quattromani, Aye; Member Robertson, Aye; Member Sovet, Aye; Member Franco-Towell, Absent. Motion passes by a unanimous vote of the Members present (5-0). 

4.                  85/87 Hallville Road, Lot 36-3-25, Illegal Use – “Illegal/Prohibited use of property….”

A motion was made by Member Quattromani with second by Vice Chair McMillan to reopen the Public Hearing. Chairman Booth, Aye; Vice Chair McMillan, Aye; Member Andrews, Aye; Member Quattromani, Aye; Member Robertson, Aye; Member Sovet, Aye; Member Franco-Towell, Absent. Motion passes by a unanimous vote of the Members present (5-0). 

Appellant Asa Davis referenced documents relevant to this agenda item delivered to Town Hall that ZBR members do not have. Document numbering proceeded and copies will be provided to ZBR Members. Mr. Davis requested a copy of the ruling for the DeFrancesco’s to run an [alleged] illegal woodburning and manufacturing building (under the name Exeter Woodworks LLC), that was subsequently destroyed by fire this winter. Lengthy testimony and discussion ensued. 

A motion was made by Vice Chair McMillan with second by Member Andrews to close the Public Hearing. Chairman Booth, Aye; Vice Chair McMillan, Aye; Member Andrews, Aye; Member Quattromani, Aye; Member Robertson, Aye; Member Sovet, Aye; Member Franco-Towell, Absent. Motion passes by a unanimous vote of the Members present (5-0). 

Discussion involved of the business and whether it is legal, illegal, or operational, and whether this Board can render a decision at this time. The fire occurred November 24, 2024, and the complaint was filed December 30, 2024.

A motion was made by Vice Chair McMillan that the board contemplate the fact that there is insufficient evidence to determine the facts here and the question is denied.

There is no second to the motion.

Mr. McMillan withdraws his motion.

Discussion ensued. 

A motion was made by Vice Chair McMillan with second by Member Andrews not to grant the appeal, to deny the assertion of an illegal use of this property for lack of actionable information and insufficient evidence to establish the basis of the allegations of an illegal use on the property. Chairman Booth, Aye; Vice Chair McMillan, Aye; Member Andrews, Aye; Member Quattromani, Nay; Member Robertson, Aye; Member Sovet, Aye; Member Franco-Towell, Absent. Motion passes by a majority vote of the Members present (4 to1).     

The Board takes a two-minute break and resumes the meeting.

5.                  742 Ten Rod Road, Lot 36-2-9, Illegal Berm Diverting Stormwater – “Zoning violations are damaging abutting property and freshwater wetlands.”

A motion was made by Member Quattromani with second by Vice Chair McMillan to reopen the Public Hearing. Chairman Booth, Aye; Vice Chair McMillan, Aye; Member Andrews, Aye; Member Quattromani, Aye; Member Robertson, Aye; Member Sovet, Aye; Member Franco-Towell, absent. Motion passes by a unanimous vote of the Members present (5-0).

Appellant Asa Davis noted he is speaking under oath and the Exeter Woodworks LLC did not burn to the ground and is still active. The berm at the edge of the parking lot at the new Town Hall building diverting stormwater was constructed by the Town without Planning Board approval. The resulting stormwater runoff caused erosion across his property, costing significant time and money. Lengthy testimony and discussion ensued. 

A motion was made by Member Andrews with second by Vice Chair McMillan to continue the Public Hearing to the August 14, 2025 Meeting, contingent upon having the Zoning Official give us a report at that meeting on the said berm.   

Discussion ensued of the repetitive attempts to settle the same matter and the lack of a Zoning Inspector’s report. Mr. Davis is unavailable for the August 14, 2025 meeting date and objects to any continuance. 

Member Andrews withdraws his motion.

Mr. Davis objects to a continuance to September 11, 2025 meeting and will not attend. Mr. Davis was offered the opportunity to weigh in on what he wishes to do.  Mr. Davis stated that is up to the Board and he is not in favor of a continuance. 

A motion was made by Member Andrews with second by Vice Chair McMillan to close the public hearing.

Discussion. The Board could meet to take care of the one issue, to have the Zoning Inspector (Karen Ellsworth) get involved, denial of the petition, and continuing to the September meeting, and moving faster with a new petition. The late hour was noted.

A motion was made by Vice Chair McMillan with second by Member Andrews to deny the request based on the lack of adequate information to permit the allegation of a problematic berm.  Chairman Booth, Aye; Vice Chair McMillan, Aye; Member Andrews, Aye; Member Quattromani, Aye; Member Robertson, Aye; Member Sovet, Aye; Member Franco-Towell, absent. Motion passes by a unanimous vote of the Members present (5-0).

Mr. Davis was advised to contact Karen Ellsworth.

III.                ADMINISTRATIVE

IV.               ADJOURNMENT

A motion was made by Member Andrews with second by Vice Chair McMillan to adjourn the meeting. Chairman Booth, Aye; Vice Chair McMillan, Aye; Member Andrews, Aye; Member Quattromani, Aye; Member Robertson, Aye; Member Sovet, Aye; Member Franco-Towell, absent. Motion passes by a unanimous vote of the Members present (5-0).

Attest:

Peter D. Ruggiero

Solicitor