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

PLANNING COMMISSION MINUTES

April 3, 2002

7:30 PM

Melrose School Multi Purpose Room

The meeting was called to order at 7:33 p.m. and the following members were present:

Rob Lambert Gary Girard

Victor Calabretta Laura Aibel

Mary Brennan Betty Hubbard

Andrew Kallfelz Sue Barker

Michael Schnack

Also present:

Lisa Bryer, AICP, Town Planner

Cinthia Reppe - Recording Clerk

Richard and Patricia Eannarino

John Murphy, Attorney

Eric Offenberg - Engineer - NE&C

George Gifford - Landscape Architect - Gifford Design Group

Robert Boyer - PLS

Pat Munafo

Eric Lexow

Jody Lexow

Gayen Thompson

Dr. Bennett Hirsch

Don Bresnan

Bob Bailey

I. Reading and Approval of Minutes from March 20,2002

A motion was made by Commissioner Calabretta and seconded by Commissioner Schnack to accept the minutes as written. So voted:

Rob Lambert - Aye Gary Girard - Abstain

Victor Calabretta - Aye Laura Aibel - Aye

Mary Brennan - Aye Betty Hubbard - Aye

Andrew Kallfelz - Aye Sue Barker - Aye

Michael Schnack - Aye

Motion passes by a vote of 8-1 Abstain

II. Correspondence

1. CRMC - Maintenance Certification - H. Dickson Boenning et al., 1400 Waverly Road, Villa 61, Gladwyne, PA. 19035 - construct maintenance repairs to a failed septic system (cesspools) pursuant to DEM approved plan (#0215-68) dated 2/7/02 located 300 Highland Drive, Jamestown, Plat 10, lot 112. Received

2. CRMC - Maintenance Certification - State of RI DEM, 235 Promenade St., Providence, RI 02908; replace existing broken and eroded cap and construct new concrete cap, replace broken fender piles and timber wales along stone wall at Fort Wetherill. Received

3. CRMC - Residential Assent - Patricia Young, 1830 Rittenhouse Square, Philadelphia, PA. 19103; construct and maintain a single family 5 bedroom dwelling to be serviced by RIDEM approved ISDS; construction of access road in accordance with DEM permit #97-0059; located at plat 12, lots 41, 42 & 212; Beavertail Rd. Jamestown, RI. Received

4. CRMC - Residential Assent - C. Christopher Cannon, 333 Beavertail Rd., Jamestown, RI 02835; Perform Buffer Zone Management consisting of the establishment and maintenance of two view corridors as detailed upon the CRMC approved plans. Also establish a shoreline recreation area and repair an existing stairway; located at plat 12 lot 5. Received

5. CRMC - Residential Assent - Vivian Palmieri, 50 Cedar Hill Drive, Jamestown, RI 02835; install osprey nesting platform located off Beavertail Rd., and hereby represents that she is the owner of the riparian rights attached to the property; located at Plat 12, lot 207. Received

6. CRMC - Finding of No Significant Impact - Thomas R. & Linda Pearson, 15 Seaside Dr., Jamestown, RI; construct a bank walkover structure above mean high water. Located at plat 14, lot 18. Received

7. CRMC - Finding of No Significant Impact -Richard Miner, 784 East Shore Rd. Jamestown, RI 02835; replace roof shingles. Repair/replace siding and windows. Located Plat 2 Lot 99. Received

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

IV. Reports

a. Town Planner's Submitted Report

Town Planner Lisa Bryer introduced the newest member of the Planning Commission Andrew Kallfelz.

b. Town Committees

c. Sub Committees

V. Old Business

1. 28 Narragansett Avenue, Eannarino - Development Plan Review - (con't)

The Planning Commission discussed the parking layout. The Planner stated that it was the Solicitor's opinion that the Planning Commission cannot waive the loading zone requirement and that a variance will be needed from the Zoning Board for the loading zone. The Planning Commission will give an advisory opinion in the approval letter regarding the loading zone.

Mr. And Mrs. Eannarino and Dr. and Mrs. Munafo have come to an agreement regarding the common parking spaces that are the subject of the easement. Pat Munafo stated that improvements to the spaces were part of the agreement and that they would be clearing and defining the 6 spaces. An access easement needs to be provided across Lot 562 to Knowles Court. Attorney John Murphy asked if the Planning Commission will allow Town Planner Lisa Bryer to administratively finalize the approval regarding the remaining conditions of approval. The following items must be addressed: show improvements to six common parking spaces, provide an access easement for Town Solicitor approval and recording, provide groundwater and drainage information, and a letter of agreement from the Munafo's stating which improvements will be carried out. The Planning Commission agreed with Mr. Murphy that if these conditions are not met than they will have to come back to the Planning Commission. Commissioner Hubbard stated that she feels they need to come back before the Planning Commission and Commissioner Brennan agrees with her. Commissioner Brennan stated that the Town Engineer Dick Pastore might have other ideas regarding the drainage too. Commissioner Hubbard made a motion and Commissioner Brennan seconded it, to continue 28 Narragansett Ave until the next application meeting on May 1st, 2002. So voted:

Rob Lambert - Nay Gary Girard - Aye

Victor Calabretta - Nay Laura Aibel - Nay

Mary Brennan - Aye Betty Hubbard - Aye

Andrew Kallfelz - Nay Sue Barker - Aye

Michael Schnack - Nay

Motion fails by a vote of 4-5

Dr. Bennett Hirsch - 29 Hawthorne St. stated that he would like to see the building scaled back (referring to Knowles Court) because it is going to create a lot more traffic from 28 Narragansett Ave. onto Knowles Court.

A motion was made by Commissioner Aibel and seconded by Commissioner Calabretta to approve the plan with the following conditions:

Seek a variance for the loading space; provide an access easement to be reviewed by the Town Solicitor and be recorded in perpetuity; redesign the drywell so that it is sized in accordance with DEM regulations with a 3 ' water table separation, identify the improvements for the shared parking spaces in writing with responsible party; and the Town Engineer to review the drainage and sign off. Town Planner Lisa Bryer to review the plan to make sure that the plan is in compliance with the above conditions. So voted:

Rob Lambert - Aye Gary Girard - Aye

Victor Calabretta - Aye Laura Aibel - Aye

Mary Brennan - Nay Betty Hubbard - Nay

Andrew Kallfelz - Nay Sue Barker - Aye

Michael Schnack - Aye

Motion passes by a vote of 6-3

A motion was made by Commissioner Aibel and seconded by Commissioner Schnack to recommend to the Zoning Board to grant a variance for the loading zone provided the trash is inside the building. So voted:

Rob Lambert - Aye Gary Girard - Aye

Victor Calabretta - Aye Laura Aibel - Aye

Mary Brennan - Aye Betty Hubbard - Aye

Andrew Kallfelz - Aye Sue Barker - Aye

Michael Schnack - Aye

Motion passes by a vote of 9-0

2. Jamestown Place Associates, 35 Knowles Ct. - Development Plan Review

The plans for Jamestown Place - 35 Knowles Ct. were presented by the applicant's attorney and engineer. The following comments were made:

Don Bresnan - 2 Coronado - How far below the water table is the underground parking lot? The Engineer responded that it is 4-6 feet. Mr. Bresnan asked if the water table is 4-6 feet below and the parking lot is 9 feet below where will the water go?

Town Planner Lisa Bryer stated that the ground water table level is critical to underground infiltrators. The Board agreed that test pits need to be done to evaluate the groundwater elevation and the applicant should determine how much volume is being displaced and pumped out from the installation of the garage.

Commissioner Barker asked about the traffic impact on Knowles Ct. and where will the visitors park? Some spaces should be designated visitor parking.

Bob Bailey - feels the traffic pattern will be reduced compared to the old Jamestown Distributors Building.

Eric Lexow - 37 Hawthorne Rd. asked Where will the water go?

Commissioner Lambert stated that an analysis needs to be done in addition to obtaining a Underground Injection Control (U.I.C.) Permit from DEM.

Eric Lexow - 37 Hawthorne Rd. presented the Planning Commission with several letters from neighbors on Knowles Ct. objecting to the size of this proposed building.

Gayen Thompson - 52 Grinnell St. - If the 8,000 gallon cistern will hold water from a 1 1/2 inch storm, what will happen if we get 2 more 1 1/2 inch storms in a week like last year?

Eric Offenberg - NE &C - there will be no more run off than there is now. It was pointed out by the Board that there are currently no drainage controls on site and that this new plan will not handle 100% of the drainage on-site.

Jody Lexow - 37 Hawthorne Rd. - this is an extremely large building set only 5 feet from the road, would they consider a 2 story building with 8 units set back from Knowles Ct.?

The Planning Commission agreed that they would like to see graphics showing how the building will look from the surrounding area; Narragansett Avenue, Conanicus Avenue, Coronado Street. The applicant stated that they could provide such pictures.

Gayen Thompson - 52 Grinnell St. - Will any of the units be considered for Affordable Housing?

Commissioner Brennen stated that there are no shade trees proposed. The Planning Commission discussed the idea of putting a sidewalk in but the majority were not in agreement since that would be the only section of sidewalk in that area of Knowles Ct. The lighting plan was not prepared yet and the Planning Commission stated they prefer low level lighting that will not shine onto abutters properties.

Gayen Thompson - 52 Grinnell St. - what will the decibel level be with the air conditioners on the roof? Mr. Offenberg stated that some of the sound will be baffled with the roof design where the air conditioners will be located.

The applicant will come back with information on drainage, trees, pictures of the building, the plan labeling the elevator, trash, utilities, generator etc.

3. Leonard Minor Subdivision - Melrose Ave and Ocean Ave. - Preliminary Review/Approval

A motion was made by Commissioner Schnack and seconded by Commissioner Barker to accept the plan as follows:

To grant Preliminary Subdivision approval in accordance with plans entitled "LEONARD DIVISION"; prepared for Barbara Leonard; Being A.P. 8 Lot 396 & Lot 830; Prepared by Robert B. Boyer, PLS, 1200 Main Street, West Warwick, RI 02893, Tel. (401) 821-8872; dated Addition 3-4-02 based on the following Findings of Fact and subject to the following Conditions of Approval:

Findings of Fact

The Board makes the following findings:

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

2. Each lot in the subdivision conforms to the standards and provisions of the Zoning Ordinance. This subdivision consists of the creation of 1 new lot and the adjustment of a lot line between two existing lots. All subdivision lots conform to the standards and provisions of the 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. The new lot 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, Melrose Avenue and Ocean Avenue;

7. The subdivision provides for safe circulation of pedestrian and vehicular traffic, and for suitable building sites that contribute to the attractiveness of the community;

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

Conditions of Approval

1. The approval is for the creation of one new lot plus changing the lot line between lots 830 and 396;

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. The applicant shall coordinate with the Director of Public Works regarding extension of Water and Sewer to the new lot;

4. The Coastal Resource Management Council shall be notified if any clearing of vegetation or disturbance is to occur within the jurisdictional limit of the CRMC (125 feet in for Lot 396);

5. Monuments shall be placed at all angle points at the new property line for both the new lot and the amended lot line between lots 830 and 396; and,

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

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

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

So voted:

Rob Lambert - Aye Gary Girard - Aye

Victor Calabretta - Aye Laura Aibel - Nay

Mary Brennan - Aye Betty Hubbard - Aye

Andrew Kallfelz - Aye Sue Barker - Aye

Michael Schnack - Aye

Motion passes by a vote of 8-1

4. Proposed Zoning Ordinance Amendment - High Groundwater Table - Con't

VI. New Business

1. CDBG - Community Development Block Grant - Review projects for consistency with Comprehensive Community Plan

A motion was made by Commissioner Hubbard and seconded by Commissioner Lambert that hereby certifies that the proposed FY 2002 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 and Jamestown Zoning Ordinance. So voted:

Rob Lambert - Aye Gary Girard - Aye

Victor Calabretta - Aye Laura Aibel - Aye

Mary Brennan - Aye Betty Hubbard - Aye

Andrew Kallfelz - Aye Sue Barker - Aye

Michael Schnack - Aye

Motion passes by a vote of 9-0

A motion was made by Commissioner Girard and seconded by Commissioner Calabretta to adjourn the meeting at 10:33 p.m. So unanimously voted.

Attest:

Cinthia L. Reppe