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

PLANNING COMMISSION MINUTES
April 4, 2001
7:30 PM
Jamestown Library

The meeting was called to order at 7:34 p.m. and the following members
were present:

Betty Hubbard       Gary Girard
Victor Calabretta      Laura Aibel
Mary Brennan        Rob Lambert
Sue Barker       Michael Schnack

Also present:

Lisa Bryer, AICP, Town Planner
Cinthia Reppe - Recording Secretary
James Murphy - Town Solicitor
John Murphy, Attorney
Mr. Michael McQuade - McQuades Market
Carl Klocker - PE
Andrew Johnstone, PE, Northeast Engineers & Co.
George Gifford, Landscape Architect
Mr. And Mrs. Joe Manning
John Dudley
Mr. James Thompson
Doreen McGann
Heidi Moon
Victoria McNally
Alton Head
Kathy Kaiser
Rick Anderson
Jill Anderson
Don Bresnan
Eileen Sexton

I.  Reading and Approval of Minutes from March 21, 2001
A motion was made by Commissioner Girard and seconded by Commissioner
Calabretta to approve the minutes with the following amendment to page 2 
under Reports, Town Committees - Quonset Davisville, at the end of the
sentence add master plan.  All in Favor

II.  Correspondence
1.  CRMC - Finding of No Significant Impact - Virginia Held, 14 Westwood
Rd., Jamestown, RI 02835; Backfill sink hole created by abandoned septic
tank as proposed. Plat 9 Lot 402.  Received

2.  CRMC - Residential Assent - Paul & Patricia Jutras, 445 Seaside Dr.,
Jamestown, RI 02835; Construction of a 23' x 42' attached garage addition
with second floor living space and a new DEM approved individual sewage
disposal system (ISDS).
      The dwelling will be serviced by a private well; located at plat 3,
lot 125. Received

3.  CRMC - Assent - Town of Jamestown, 44 Southwest Ave, Jamestown, RI
02835; install (2) test wells as shown on the submitted plans, located at
Main Road, Jamestown, RI; Plat 6, Lot 1. Received

4.  CRMC - Assent - Town of Jamestown, 44 Southwest Ave, Jamestown, RI
02835; establish a marina perimeter limit (MPL) at an existing marina and
add four (4) additional slips.
      The total boat/slip count will be forty four (44), 1 Ocean St., Fort
Wetherill Road, Fort Cove, Jamestown, Plat 10, Lot 145. Received

5.  FYI - Zoning Board of Review Agenda - March 27,2001. Received

6.  CRMC - Cease & Desist Order - Francis Clark, 120 Raquet Rd.,
Jamestown, RI 02835; earthwork & construction & maintenance activity
within 200 feet of a coastal feature from your property located at Plat 9,
Lot 328. Received

III.  Citizen's Non Agenda Item - nothing at this time

IV.  Reports

a.  Town Planner's Submitted Report - Town Planner Lisa Bryer stated that
the first sentence of her report should list the dates of the WWM
workshops as being April, not March. 

b.  Town Committees 

c.  Sub Committees

V.   Old Business

1.  McQuades Market - proposed change to approved development plan

Mr. Michael McQuade and Karl Klocker presented the Planning Commission
with the plans for the proposed guard rails.
      A motion was made by Commissioner Hubbard and seconded by
Commissioner Girard to accept a steel and woodclad guard rail on top of
the retaining wall 20 inches high.  So voted:

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

  A motion was made by Commissioner Hubbard and seconded by Commissioner
Girard to postpone approving the guard rail on the building until further
information can be supplied regarding the HVAC.  So voted:

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

  A motion was made by Commissioner Brennan and seconded by Commissioner
Schnack to not approve a guard rail on the parking lot on Clarke St.
      So voted:

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

Mr. McQuade stated that there have been several complaints from customers
regarding the size of the parking lot as to the ability to back up out of
a space, he asked if the parking lot could be extended by six feet.
      It was suggested that they come to the next meeting with a 3 foot
and 6 foot side view casual drawing to show the planning commission.
      Mr.  McQuade will also look into the lighting before the next
meeting.

2.  Manning Major Subdivision - Cedar Lane - Major Cluster Subdivision - 
Master Plan Review - Continued

Mr. Andrew Johnstone and Mr. George Gifford presented the revisions made
to the plan since the last meeting of March 7th 2001.
      Mr. Johnstone also stated that they have been making inquiries into
hiring a hydrologist.
      Mr. Johnstone also stated that the state said that Cedar Ave is
still owned by the state.

A motion was made by Commissioner Girard and seconded by Commissioner
Aibel to go forward and advertise the Informational meeting  for the
Master Plan Review Stage as required.  So voted:

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

John Dudley - 25 Steamboat - suggested that the number of lots be reduced
so that water will be left for the residents of the abutting lots.

Alton Head - Cedar Cemetery - Questioned the buffer area abutting the
cemetery side.
      He also stated that drainage is a big problem there and requested
that a water quantity not quality test be done.

VI.  New Business

1.  Conanicut Reserve Subdivision - Approved by Planning Commission -
9-29-76 - Request for partial release of outstanding bond

Mr. John Murphy , Attorney, stated that there are 2 issues here and that
Mr. Robert Clarke would like a postponement if ownership of the road is
discussed. The first issue, release of bond for lot 7, which is not bound
by covenants, and the second issue being the release of the bond for the
remaining lots in which case the maintenance of the road may come into
question with respect to the covenants.
      Mr. Jim Murphy, Town Solicitor agrees with Mr. John Murphy that
these are 2 issues and feels that the first issue can be resolved without
Mr. Robert Clarke present.  Mr. Jim Murphy, Town Solicitor stated that
there is no impediment to the partial release of bond on Lot 7.  A motion
was made by Commissioner Lambert and seconded by Commissioner Calabretta
that in accordance with the solicitors recommendation to release the bond
for lot 7 due to the finding that the Town, specifically the Director of
public works has determined that the road was built to acceptable
specifications and the conditions of the approval were met.  So voted:

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

A motion was made by Commissioner Hubbard and seconded by Commissioner
Calabretta to continue the second issue regarding the maintenance of the
road and the Homeowners Association to the June 20th 2001 meeting.
      So voted:

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

2.  James Thompson - proposed Zoning Ordinance amendment - Re: Bayview
Restaurant - request to change to residential condominium

Mr. Thompson presented his request to the Planning Commission regarding
changing the restaurant into a private residence.
      Mr. Thompson stated that he would surrender the liquor license to
the town if it is turned into a residential unit.

Commissioner Girard agrees with the change, Commissioner Calabretta
wholeheartedly disagrees with the proposed change.
      The following comments were made by people in the audience:

Doreen McGann - ran a successful business called the Bayview Bar & Grill
at that location and disagrees with Mr. Thompsons statement that it is not
a good location for a restaurant.

Heidi Moon - Bayview Unit 1 C - lives in the unit right next to the former
restaurant and said there were many problems inherent with the design of
the building.
      The residents are supporting the change to a residential unit.

Victoria McNally - 4 Holmes Ct.- when it was a restaurant it was loud,
smelly people would vomit and urinate on peoples yards on her street, she
would like to see it changed into a residential unit.

Alton Head - he was part of the Town Council at the time that this was
going on and stated his concern was more the number of units at the time.

Kathy Kaiser - resident of Bayview condo - representing the property
owners and their interests, they support Mr. Thompsons request.

Rick Anderson - West Reach Dr. - in support of change since there is
already a parking problem downtown, there are also more restaurants now
then in 1991.

Jill Anderson - West Reach Dr. - the intent to keep it a restaurant was
wonderful but it was a mistake because it was not well thought out and
designed so we should admit it and correct it.

Commissioner Calabretta - considers this spot zoning

Commissioner Girard would like the Town Solicitors advice.

Jim Murphy - Town Solicitor- Many would consider it spot zoning but the
Rhode Island supreme court looks to consistency with the Comprehensive
Community Plan in that regard.
     The Planning Commission needs to review this and then give their
findings to the Town Council.
      What will happen to the 15 parking spaces that were given to the
restaurant? If it is changed what will the zone be called?  He recommended
that it revert to the original downtown  condominium.

Commissioner Calabretta - R-.02 is what the zoning would be.

A motion was made by Commissioner Girard and seconded by Commissioner
Brennan to continue this issue until the April 18,2001 meeting.  So voted:

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

Don Bresnan - The association will amend their declaration to take care of
their legal use with respect to the requirement of the restaurant.

Eileen Sexton - Bayview resident - 1 H - supports Mr. Thompsons request.

3.  Community Development Block Grant 2001 - consistency with
Comprehensive Plan 

A motion was made by Commissioner Hubbard and seconded by Commissioner
Girard that the Jamestown Planning Commission hereby certifies that the
proposed FY2001 Community Development Block Grant activities are in
compliance with local development policy as set forth in the Jamestown
Comprehensive Community Plan and with the Jamestown Subdivision and Land
Development Regulations and Jamestown Zoning Ordinance.  So voted:  

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

A motion to adjourn the meeting at 10:48 p.m. was made by Commissioner
Barker and seconded by Commissioner Hubbard.  All in Favor.

Attest:

Cinthia Reppe