Approved As Amended 5-18-01
PLANNING COMMISSION MINUTES
May 2, 2001
7:30 PM
 Jamestown Library

The meeting was called to order at 7:33 p.m. and the following members
were present:
Betty Hubbard       Gary Girard
Victor Calabretta      Laura Aibel
Mary Brennan        Rob Lambert
Dennis Webster      Michael Schnack

Also present:
Lisa Bryer, AICP, Town Planner
Cinthia Reppe - Recording Secretary
James Murphy, Town Solicitor

John Murphy, Attorney
Daniel O'Connell, Engineer, NE Engineers
George Gifford - Landscape Architect, Gifford Designs
Dick Allphin
Paul Sollitto
Jay Thompson
Andrew Teitz, Attorney
Brad Gannon, partner, MCF Communications
Carolyn Doyle,P.E., Cherenzia & Associates
Michael McQuade - McQuades Market
Doug Hendrickson - Construction Mgr. McQuades Market

I.    Reading and Approval of Minutes from April 18, 2001

A motion was made by Commissioner Brennan and seconded by Commissioner
Girard to accept the minutes with the following amendment: page 2, V. Old
Business, #3 Comprehensive Plan, after Approval of Final Drafts add
continued.  So voted:

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

           Motion passes by vote of 7-0   -1 Abstension
II.  Correspondence

1.  CRMC - Residential Assent - Dominic and Patricia Munafo, 1163 North
Main Rd., Jamestown, RI. 02835; construct a recreational boating facility
to consist of a 4' x 237' fixed timber pier with lower ("L" shaped) 4' x
20' access pier (decl) at the seaward end.
      The terminus of proposed dock will extend to 127 feet beyond mean
low water (MWL), locater at 1163 North Main Rd, Jamestown, Plat 3 Lot 484.
     Received

2.  CRMC - Assent - Sheree Kaplan Allen & David S. Allen, 42 Orient Ave,
Jamestown, RI.
     02835; construct a shared recreational boating facility to consist
of: a 4' x 180' fixed timber pier, a 4' x 34' ramp and a 150 square foot
(7.5 x 20') float.  The terminus of the dock will extend to 165 feet
beyond mean low water (MLW), located at 42 Orient Ave., Jamestown; Plat 1,
Lot 130. Received

III.  Citizen's Non Agenda Item

Dick Allphin representing the Zoning Board addressed the Planning
Commission regarding the Newton Bill and asked if the Planning Commission
wants to send a letter to the Town Council supporting this bill.
      Commissioner Hubbard made a motion that was seconded by Commissioner
Webster to put this issue on the next agenda.  So voted:

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

                    Motion passes by vote of 8-0
IV.  Reports

a.  Town Planner's Submitted Report  

b.  Town Committees - Harbor Management Commission - Liaison 

Commissioner Webster reported that the Harbor Management Commission is
recommending will consider a change to the Harbor Management Ordinance
that will allow more moorings in West Harbor.
      Commissioner Calabretta asked about shore side support for these
moorings.

c.  Sub Committees - Quonset Davisville Liaison

      Commissioner Webster reported that the EDC will have a public
workshop on May 17, 2001 at the Quonset O Club regarding the Master Plan
for Quonset - Davisville.

V.   Old Business

1.  Manning Major Subdivision - Cedar Lane -Master Plan Informational
Meeting 

Attorney John Murphy representing the Manning Family introduced George
Gifford and Daniel O'Connell.
      Mr. Gifford and Mr. O'Donnell presented the public with the plans 
for the subdivision.
      After the presentation was made Commissioner Hubbard asked the
public for comments. 
 
John Dudley - Steamboat - all abutters have 1/2 acre lots or larger, why
are these lots so small?

Commissioner Hubbard responded saying that under cluster zoning the lots
can be smaller.

John Dudley asked that the lots be 1/2 acre or more.

Rick Topp - 15 Steamboat - asked about the water issue that has affected
the abutting community.

Commissioner Hubbard stated that the town as well as the Mannings would be
hiring a hydrologist to look into this issue.

Perry Scott - 4 Top O' the Mark - What assurances do we have that only
houses will be built?

Crystal Fonseca - 5 Steamboat - Where will drainage occur?

Michael DiGidio - Cedar Ave - Will wetlands be created by changing the
topography of the lots?

Commissioner Hubbard stated that the board has the responsibility of
moving forward.
      Commissioner Calabretta stated that it should move to the next step,
just make sure water tests are done.
      Commissioner Schnack feels that drainage, clearing, filling and
water are big concerns.
      Commissioner Hubbard agrees with Commissioner Schnack.
      Commissioner Aibel is not comfortable with moving forward without
water information.
      Commissioner Webster is concerned with the changes in drainage and
its effect on the abutters.

      Jim Murphy, Town Solicitor informed the Commission that there are
two different issues here.
     The rights of the private land owners and the responsibility that the
Planning Commission has to the best interest of the public.
      Drainage and Erosion are within the Planning Commissions
jurisdiction.
      He also stated that detailed drainage information would not be
appropriate at this stage.

      Commissioners Brennan and Girard agreed with the majority of the
other commissioners regarding clear cutting, filling and water.
      Commissioner Lambert stated that it would be unfair to deny at this
stage and that specific drainage information is not required until a later
stage of the process.

      John Murphy, attorney for the Mannings stated that the criteria has
been met at the Master Plan stage and it would be illegal to deny or delay
this.  

      Commissioner Hubbard stated that the Planning Commission has until
August 3 to take action on this and that it would benefit the applicant to
get more information regarding the water situation.  

      Crystal Fonseca asked the Town Solicitor what could be done if this
is approved and it becomes a problem for the abutters regarding the lack
of water.
      Mr. Murphy replied that it would be a resident problem and they
could pursue a lawsuit.

       A motion was made by Commissioner Hubbard and seconded by
Commissioner Aibel to remain at the Master Plan stage and continue the
hearing until the June 6, 2001 meeting in search of suitable information
on both the quality and quantity of potable water for this subdivision.
      So voted:  

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

                    Motion passes by vote of 8-0
        
2.  James Thompson - proposed Zoning Ordinance amendment - Re: Bayview
Restaurant - request to change to residential condominium  - continued

Attorney Paul Sollitto, representing Jay Thompson stated that Mr. Thompson
who is the owner of a condominium unit that is zoned for a restaurant
wants it to be changed to a residential unit.
      Mr. Sollitto said that all of the other tenants in the building are
in support of Mr. Thompsons request and that if this change is made Mr.
Thompson will turn the liquor license over to the Town.
      The residents would like the extra 10 parking spaces allocated to
the restaurant for  condominium use.
      Town Solicitor Jim Murphy asked Mr. Thompsons attorney Mr. Sollitto
to provide language for the proposed motion which he received.  Mr. Murphy
also stated that the 1985 motion would have to be dealt with.  

Commissioner Hubbard said that several steps will have to be taken if this
proposal is amended as requested.

Don Bressnan - president of the Bayview Condominium Board - would like the
Planning Commission to approve.

Heidi Moon - Bayview Condominium - wants the Commission to approve.

Bill Munger - supports Mr. Thompsons proposal.

Mark Liberati - on behalf of his mother - in - law supports Mr. Thompsons
proposal

Dick Allphin suggested that the legal language be left out of the motion.

Commissioner Calabretta stated that the job of the Planning Commission in
regards to this issue is advisory, and that the Planning Commissions job
is to decide if this proposal is in compliance with the Comprehensive
Community Plan.
      He stated the following 6 reasons for not wanting to support this
proposal.

* Converting a mixed use zone to residential in the village area where we
want to keep commercial business.

* The original intent of this zoning was to provide public access.

* The restaurant was one of the few businesses that didn't need a parking
waiver.

* This would eliminate 12-15 public parking spaces

* Voting this downtown condominium would create an R .02 zone.

* What happens to the 12 parking spaces?  Once this precedence is set how
long before other units properties do this?

Commissioner Brennan agrees with Commissioner Calabretta as does
Commissioner Webster shares some of Commissioner Calabrettas and does not
think this change is consistent with the Comprehensive Community Plan.
      Commissioner Schnack stated that keeping the extra parking spaces in
public  for condo use would eleviate  some of the parking problems
downtown due to the visitors of the condo using those spaces and not
parking on the street.
      Commissioner Hubbard responded to Commissioner Calabrettas statement
regarding other downtown businesses by saying that zone change approval
would be needed to change to solely condominium.

Commissioner Hubbard made a motion that was seconded by Commissioner
Girard to proceed with this recommendation to the Town Council that this
zone be changed to all residential units with the details of the motion to
be worked out with the Town Solicitor, Jim Murphy  and the Town Planner
Lisa Bryer.
      Commissioner Webster asked if this motion infers that it is
consistent with the Comprehensive Plan?  Commissioner Girard asked Lisa
Bryer, Town Planner if it is indeed consistent with the Comprehensive Plan
and she stated that the Comprehensive Plan map shows this site as high
density residential, which is consistent.  So voted:

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

Motion passes by a vote of 5-3

3.  McQuades Market - proposed changes to approved development plan

      Construction Manager Doug Hendrickson presented the board with some
changes to the original approved plans.
      After some discussion it was decided that the Planning Commission
would need to see some specific plans with the changes.
      A motion was made by Commissioner Schnack and seconded by
Commissioner Hubbard to continue this matter until the next meeting if
provided with the changes by Monday May 7,2001.  So voted:

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

Motion passes by a vote of 8-0
 
VI.  New Business

1.  MCF Communications Inc. - Telecommunications Tower Proposal -
Development Plan Review

Attorney Andrew Tietz representing MCF Communications and the property
owners introduced the plans for the a proposed telecommunications tower.
      Mr. Teitz introduced Mr. Brad Gannon, partner of MCF Communications
and Carolyn Doyle, PE with Cherenzio & Associates.
      Each one gave a brief description of the proposed plans to build a
95 foot tower to provide Jamestowners with better cellular phone service.

The abutters to the property that the tower is proposed to be on made the
following comments:

Krista Gladding - abutter - What is the distance between the access road
and her property line?  Is there a distance requirement.

Commissioner Hubbard responded that there is not for driveways.
     A 12 foot wide gravel driveway on a 15 foot easement.

Mr. Tietz stated that only the land owners and the maintenance people for
the tower would be allowed on the road.

Crystal Fonseca - 5 Steamboat - outraged at the fact that there seems to
be a theme to change the rural character of Jamestown to accommodate new
residents and people driving across the highway.
      Cell phones are a privilege not a necessity. 

Commissioner Aibel stated that the planning commission needs to stick to
their charge in this matter which is watershed, soil and erosion.
      The Zoning Board makes the decision on the issues that have been
discussed for the last hour. 

 Commissioner Webster agrees with Commissioner Aibel.

Richard Wing - 844 North Main Rd. - the gravel road will wash into North
Main Rd. even after a 15 minute rain storm.

Henry Fonseca - 5 Steamboat - how can MCF build this tower requiring the
hole to be 20 feet deep when there is ledge 4-6 feet down.
      He also questioned the gravel road because a few years ago when he
and his wife were going to build in that area they were required to put a
blacktop road in.

The board decided to continue this matter until the next meeting providing
MCF Communications has the corrected plans in the planning office by
Monday morning May 7, 2001.
      A motion was made by Commissioner Aibel and seconded by Commissioner
Girard to continue this item to the next meeting on May 16, 2001.
      The following plan information has been requested of MCF
Communications from the Planning Commission:

* accurate dimensions of the tower - feet, height, and setbacks

* location of watershed area

* site plan showing road design, soil, erosion & sediment control plan,
excavation area

* limit of disturbance 

* turning radius of road templates

* undisturbed woodlands on property, downslope to east, plantings

* notation of propane fuel

* boring depth of ledge

* Label property lines

* correct plan showing containment area & buildings.
      They did not match up on all plans.

* dimensions to edge not centerline of tower from property line used for
setback
So voted:

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

Motion passes by a vote of 8-0

2.   Comprehensive Community Plan Update - Request extension from state

  A motion was made by Commissioner Hubbard and seconded by Commissioner
Girard to instruct the planner to request an extension from the state.
      So voted:

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

Motion passes by a vote of 8-0

A motion was made by  Commissioner Brennan and seconded by Commissioner
Girard to send Commissioner Calabretta's letter regarding a Town Meeting
Place to the new council.  All in Favor.

A motion was made by Commissioner Schnack and seconded by Commissioner
Hubbard to adjourn the meeting at 11:45 p.m.  All in Favor.

Attest:

Cinthia L. Reppe