***** UNAPPROVED MINUTES *****

PLANNING COMMISSION MINUTES
April 5, 2000                   7:30 PM  
Jamestown Town Hall                                     
                        

The meeting was called to order at 7:34 p.m. and the following members
were present:
Gary Girard         Rob Lambert    
Mary Brennan     Victor Calabretta
Dennis Webster      Laura Aibel
Michael Schnack     Betty Hubbard

Also present:
Lisa Bryer, AICP - Town Planner
Ellicot Wright
Tom Greig
Frank Henderson
Michael Cole
Robin Sue Farrell

I.  Reading and Approval of Minutes from April 5, 2000
A motion was made by Commissioner Webster and seconded by Commissioner
Girard to
approve the minutes as written.  So voted:

       Gary Girard - Aye                Rob Lambert - Aye  
      Mary Brennan - Aye             Victor Calabretta - Obstain 
      Dennis Webster - Aye              Laura Aibel - Obstain
      Michael Schnack - Aye     Betty Hubbard - Aye

Motion passes by a vote of 6 - 0

II.  Correspondence

1.  CRMC - Notice of Violation  to the Town of Jamestown for alteration of
a freshwater wetland and failure to provide required notification for dam
maintenance/repair within 200 feet of a coastal feature from your property
located at Plat 6, Lot 3, Orchard Avenue, without benefit of a CRMC assent
or in violation of a Council Order.  Received  & Acknowledged

2.  CRMC - Finding of No Significant Impact to Janet Broadhead 292 East
Shore Road for replacing existing septic system with a new DEM ISDS
approved Elgin-in-drain system in accordance to plans submitted.  Received
& Acknowledged

3.  CRMC - Finding of No Significant Impact to Gregory & Ingrid Ambulos at
261 Seaside Drive to repair and expand two decks, repair patio and replace
windows.  Received & Acknowledged

4.  CRMC - Residential Assent to John C. Bolger to construct renovation to
an existing dwelling requiring the installation of a DEM approved (two
bedroom design) ISDS.
      No expansion of the existing dwellings footprint is proposed;
located at 36 East Shore Road.  Received & Acknowledged

5.  Notice of Application for Town of Jamestown for Ft. Cove - Conanicut
Island to Establish a marina perimeter limit at Ft. Cove in Jamestown with
a total slip/boat count capacity of 52 (Note parking plans also).
     Received & Acknowledged

6.  Memorandum from Planning Commission to Town Council regarding
Comprehensive Plan Update - Status, dated March 16, 2000.
      Received & Acknowledged

III.  Citizen's Non Agenda Item

Mr. Ellicot Wright discussed accessory apartments for family members and
caregivers.
      He would like this issue addressed as part of the Comprehensive Plan
Update and Zoning Ordinance update.
     Mr. Wright states that he will try to get a copy of what was proposed
in 1993-1995.
      He feels that policing may be a continuing problem and existing
units can be inventoried during the next full evaluation of housing stock.

IV.  Reports

a.  Town Planner's Submitted Report
b.  Town Committees - none reported
c.  Sub Committees - none reported

V.  Old Business

1.   Highland Meadow Subdivision - Release of Bond
      The Town Planner, Lisa Bryer recommended that the Planning
Commission release $92,000.00 at this time.  Commissioner Girard moved and
Commissioner Brennan seconded the release of $92,000.00.   So voted:

Betty Hubbard - Aye    Gary Girard - Aye
Mary Brennan - Aye     Rob Lambert Lambert - Aye
Dennis Webster - Nay   Victor Calabretta - Aye
Michael Schnack - Aye     Laura Aibel - Aye
                 Motion passes by a vote of 7 - 1

2.  Hamilton Avenue Subdivision - Release of Bond
     A motion was made by Commissioner Calabretta and seconded by
Commissioner Girard to release $1800.00 from the remaining bond for the
Hamilton Avenue Subdivision.   So voted:

Betty Hubbard - Aye    Gary Gerard - Aye
Mary Brennan - Aye     Rob Lambert Lambert - Aye
Dennis Webster - Aye   Victor Calibreta - Aye
Michael Schnack - Aye     Laura Libel - Aye
                 Motion passes by a vote of 8 - 0

3.  Jamestown Town Ambulance Barn, Knowles Court - Development Plan Review
     Tom Greig was present and represented the building committee of the
Ambulance Corporation.  
The Champlin Grant will cover Phase I and the addition with the pergola
area.
      Mr. Greig presented the panel with the building color scheme to the
Commission.
      There was a discussion regarding lighting and the complaint about
the western floodlight on the pole.
      The Ambulance Corporation requests that the town remove the light.
     The Planning Commission agreed to approve the development plan with
four conditions:

1. Commissioner Webster requests that the Ambulance Corps request that the
Town remove the floodlight located on the western telephone pole;

2. Commissioner Hubbard requests that another tree be planted in future
planting bed along the eastern boundary of the concrete slab;

3. Commissioner Calabretta mentioned that the Ambulance Corporation should
be careful about placing curbs and changing drainage patterns (as shown on
plan A1).
      The Ambulance association noted that they have requested that
Knowles Court be paved during the next paving season;

4. Regarded lighting, that the lighting should be shielded and down; and
that the jelly jar type lights should be changed to shielded lights.  

A motion was made by Commissioner Lambert and seconded by Commissioner
Webster to approve the development plan with the above four conditions.
      So voted:

Betty Hubbard - Aye    Gary Girard - Aye
Mary Brennan - Aye     Rob Lambert Lambert - Aye
Dennis Webster - Aye   Victor Calabretta - Aye
Michael Schnack - Aye     Laura Aibel - Aye
                 Motion passes by a vote of 8 - 0
 
4.   Comprehensive Plan - Update - Future Needs, Action Plan 
The Chair requested that this item be moved to the end of the meeting.

III.  New Business
1.   Anacko Property, Ivy Development, 2 Lot Minor Subdivision
Frank Henderson was present and representing the Ivy Development project.
      Commissioner Webster questioned whether clearing of lots will cause
drainage problems for the down hill lot.
      The Chair, Commissioner Hubbard, assured that they have to retain
water on site.
      Commissioner Webster moved and Girard seconded to approved the draft
motion dated April 3, 2000 as prepared by the Town Planner with changes to
conditions of approval 3, 4 and 5.  The motion is approved as follows:

"To Grant Preliminary Plan approval in accordance with plans entitled
"Henderson, Anacko Subdivision Plan; Plat 9 Lot 457 in the Town of
Jamestown, RI; Project Applicant, Henderson Construction, 24 Narragansett
Avenue, Jamestown, RI  02835; Project Owner, Walter and Theresa Anacko 16
Douglas Street, Jamestown, RI  02835; Location, Hamilton Avenue,
Jamestown, RI  Plat 9 Lot(s) 457; prepared by Narragansett Engineering,
Inc. 3102 East Main Road, Portsmouth, RI  02871 Tel. (401) 683-6630; dated
3-25-00 based on the following Findings of Fact and subject to the
following Conditions of Approval:

A.   Findings of Fact
The Board makes the following findings:

1. The subdivision is consistent with the requirements of the Jamestown
Comprehensive Plan:

2. Each lot in the subdivision conforms to the standards and provisions of
the Jamestown Zoning Ordinance;

3. No building lot is designed and located in such a manner as to require
relief from Article 3, Section 308 of the Zoning Ordinance.
      Both lots will be serviced by Town water and sewer;

4. There will be no significant negative environmental impacts from the
proposed development as shown on the plans, with all required conditions
for approval;

5. The subdivision as proposed will not result in the creation of
individual lots with such physical constraints to development that
building on those lots according to pertinent regulations and buildings
standards would be impracticable;

6. All subdivision lots have adequate and permanent physical access to a
public street, namely, Hamilton Avenue.
      Lot frontage on a public street without physical access shall not be
considered compliant with this requirement;

7. The subdivision provides for safe circulation of pedestrian and
vehicular traffic, for adequate surface water runoff, for suitable
building sites and for preservation of natural, historical, or cultural
features that contribute to the attractiveness of the community;

8. The design and location of building lots, utilities,  and other
improvements in the subdivision minimize flooding and soil erosion;

9. All lots in the subdivision have access to sufficient potable water for
the intended use.
      Both lots will be serviced by Town water as evidenced by a letter
from the Director of Public Works to the Building Inspector advising the
availability of water and sewer connection for the subject property dated
March 1, 2000.

B.   Conditions of Approval

1. The approval is for a total of 2 lots; 

2. That payment of a fee in-lieu-of land dedication shall be required for
this subdivision in the amount required by Article IIID of the Jamestown
Subdivision Regulations.
     This fee shall be paid prior to recording of the final plan.

3. Granite monuments shall be placed at the corner points at the new
property line and shown on the final plan; 

4. Prior to final approval, the applicant must obtain a Physical
Alteration Permit from the Department of Transportation for curb cuts to
Hamilton Avenue;

5. Prior to Final Approval, the applicant must provide evidence that the
Director of Public Works has approved the water connection;

6. The Planning Commission delegates Final Review of this subdivision to
the Town Planner with the signature of the Planning Chair to appear on the
Final Record Plan;

7. This approval shall be recorded with the Town Clerk contemporaneously
with the Final Plat; and,

8.   This approval shall expire one year from the date of approval by the
Planning Commission."

Betty Hubbard - Aye    Gary Girard - Aye
Mary Brennan - Aye     Rob Lambert Lambert - Aye
Dennis Webster - Aye   Victor Calabretta - Aye
Michael Schnack - Aye     Laura Aibel - Aye
                 Motion passes by a vote of 8 - 0

2.  Cole-Poucher/Dupee-Farrell Minor Subdivision

Michael Cole and Robin Sue Farrell were present and representing the
application.
      Issues were discussed such as septic system, wetlands, encroachments
and court agreement.
      A motion was made by Commissioner Hubbard and seconded by
Commissioner Calabretta to approve the motion prepared by the Town Planner
dated April 3, 2000 with a new condition #8, as shown on the plan and to
change finding of fact #2 and 3.  The motion was amended by Commissioner's
Hubbard and Calabretta to add that the Planning Commission "recommended to
the Zoning Board to approve the variances for nonconformity of area to lot
267 and nonconformity of area to frontage on lot 146" if this solves the
properties issues with the DEM.  The motion carries as follows:

"to Grant Preliminary Plan approval in accordance with plans entitled
Minor Subdivision Cole-Poucher-Dupee-Farrell; Owners Joan L. Dupee, Robin
Sue Farrell, 159 North Road, Jamestown, RI 02835, and Sherry L. Poucher,
Michael S. Cole, 1 Park Street, Jamestown, RI  02835; prepared by Boyer
Associates, 1200 Main Street, West Warwick, RI  02893 (401) 821-8872;
dated March 2000 based on the following Findings of Fact and subject to
the following Conditions of Approval:

A.   Findings of Fact

The Board makes the following findings:

10. The subdivision is inconsistent with the requirements of the Jamestown
Comprehensive Plan because both lots are pre-existing, non-conforming lots
of record with existing homes.
      They therefore do not meet the standards as set forth on the future
land use map in the Comprehensive Plan or the Zoning Ordinance;

11. Neither lot in the subdivision conforms to the standards and
provisions of the Jamestown Zoning Ordinance, see 1 above;

12. It is unknown whether either lot in the subdivision is located in such
a manner as to require relief from Article 3, Section 308 of the Zoning
Ordinance.
      This is the Zoning Boards jurisdiction.
      Both lots in the subdivision have existing homes and ISDS systems;

13. To the knowledge of the Planning Commission there will be no
significant negative environmental impacts from the proposed development
as shown on the plans, with all required conditions for approval;

14. The subdivision as proposed will not result in the creation of
individual lots with such physical constraints to development that
building on those lots according to pertinent regulations and buildings
standards would be impracticable.
      The lots may be constrained from further development by zoning
standards due to their existing non-conforming nature;

15. All subdivision lots have adequate and permanent physical access to a
public street, namely, Circuit Avenue.
      Lot frontage on a public street without physical access shall not be
considered compliant with this requirement;

16. The subdivision provides for safe circulation of pedestrian and
vehicular traffic,  for suitable building sites and for preservation of
natural, historical, or cultural features that contribute to the
attractiveness of the community;

17. The design and location of streets, and other improvements in the
subdivision minimize flooding and soil erosion;

18. All lots in the subdivision have access to sufficient potable water
for the intended use.
      Both lots are serviced by existing wells that are assumed to be
sufficient for the intended use; and,

19. This subdivision does not create any new lots for development, but
must be approved by the Planning Commission due to the fact that the lots
do not meet zoning and both lots will become more non-conforming due to
this subdivision.

B.   Conditions of Approval

8. The approval of this subdivision allows the transfer of 815 square feet
from AP 1 lot 267 to AP 1 lot 146 and 217 square feet from AP 1, lot 146
to AP 1, lot 267; 

9. No payment of a fee or land dedication shall be required for this
subdivision as required by Article IIID of the Jamestown Subdivision
Regulations.

10. Granite monuments shall be placed at all corner points at the new
property line; 

11. Prior to Final Approval, the applicant must provide a legal document,
acceptable to the Town Solicitor, for the ingress and egress easement from
Cole-Poucher to Dupee-Farrell;

12. The Planning Commission delegates Final Review of this subdivision to
the Town Planner with the signature of the Planning Chair to appear on the
Final Record Plan;

13. This approval shall be recorded with the Town Clerk contemporaneously
with the Final Plat; 

14. This approval shall expire one year from the date of approval by the
Planning Commission; and,

15. RIDEM ISDS approval shall be obtained prior to final approval."

Betty Hubbard - Aye    Gary Girard - Aye
Mary Brennan - Aye     Rob Lambert Lambert - Aye
Dennis Webster - Aye   Victor Calabretta - Aye
Michael Schnack - Aye     Laura Aibel - Aye
                 Motion passes by a vote of 8 - 0

3.  Community Development Block Grant, FY 2000 Application - Planning
Commission -determination of Consistency with Comprehensive Plan

     A motion was made by Commissioner Girard and seconded by Commissioner
Webster that the Planning Commission certifies that the FY 2000 Community
Development Block Grant activities, as proposed, are in compliance with
the policies as set forth in the Comprehensive Community Plan and local
development ordinances and regulations.  So voted:

Betty Hubbard - Aye    Gary Girard - Aye
Mary Brennan - Aye     Rob Lambert Lambert - Aye
Dennis Webster - Aye   Victor Calabretta - Aye
Michael Schnack - Aye     Laura Aibel - Aye
                 Motion passes by a vote of 8 - 0

4.  Election of Planning Commission Officer - Secretary Position
      Commissioner Hubbard moved and Girard seconded to vote to appoint
Commissioner Brennan as secretary.  So voted:

Betty Hubbard - Aye    Gary Girard - Aye
Mary Brennan - Aye     Rob Lambert Lambert - Aye
Dennis Webster - Aye   Victor Calabretta - Aye
Michael Schnack - Aye     Laura Aibel - Aye
                 Motion passes by a vote of 8 - 0

5.  Comprehensive Plan - Update - Future Needs, Action Plan 

  Commissioner Lambert suggested that we rely on Beta Engineering for a
recommendation on what to do with the utilities in the downtown area.
      He inquired about the cost of relocating the poles, and questioned
whether there are any other options for eliminating the poles on
Narragansett Avenue.

A motion was made by Commissioner Brennan and seconded by Commissioner
Calabretta to adjourn the meeting at 10:15 p.m.

Betty Hubbard - Aye    Gary Girard - Aye
Mary Brennan - Aye     Rob Lambert Lambert - Aye
Dennis Webster - Aye   Victor Calabretta - Aye
Michael Schnack - Aye     Laura Aibel - Aye
                 Motion passes by a vote of 8 - 0

Attest:
Lisa Bryer