PLANNING COMMISSION MINUTES

June 5, 2002

7:30 PM

Jamestown Library

The meeting was called to order at 7:36 p.m. and the following members were present:

Rob Lambert Victor Calabretta

Laura Aibel Sue Barker

Betty Hubbard Mary Brennan

Also present:

Lisa Bryer,AICP – Town Planner

Cinthia Reppe – Recording Clerk

Douglas DeSimone – Town Solicitor

Richard Pastore, PE – Town Engineer Consultant

Robert Cournoyer – RC Cournoyer Enterprises

Michael P. DeFrancesco, PE

Quenton Anthony, Attorney

John Murphy, Attorney

Mr. & Mrs. Richard Eannarino

Dan Paquette – Project Manager – Seaboard Construction Management, LLC

Eric Offenberg – Northeast Engineers

Tara Vargash – Northeast Engineers

Erik Tolley – Northside Design Associates

Gordon Clark III – Northside Design Associates

George Gifford – Landscape Architect – The Gifford Design Group Inc.

Thomas Moses –Attorney

Bernard Jackvony - Attorney

Paul Hogan – Real Estate Appraiser – Hogan Appraisal

Christine Bernardo – 6th grade Social Studies Teacher Jamestown School

Eric & Jody Lexow

Dawn Wells

Gail Therei

Anthony Simione

  1. Reading and Approval of Minutes from May 15, 2002
  2. A motion was made by Commissioner Calabretta and seconded by Commissioner Brennan to accept the minutes as written. So unanimously voted.

  3. Correspondence
  1. FYI – Memo from Jamestown Tree Preservation and Protection Committee – Re – 35 Knowles Court. Received
  2. FYI – Memo from Jamestown Chamber of Commerce – Re – 35 Knowles Court and 28 Narragansett Ave. Received
  3. FYI – Minutes from Quonset Davisville Liason Committee Received.
  4. FYI – Zoning Board of Review June 4, 2002 meeting. Received
  5. FYI – Letter from Margot A. Britton & Mark M. Ludlow re: proposed variance request (Plat 15, Lot 270). Received
  6. FYI – Memo – Changes in Comprehensive Community Plan relative to Hearing #2 Received.
  7. FYI – Letters from Jamestown’s Lawn Ave School 6th grade students re: Comprehensive Community Plan. Received

A motion was made by Commissioner Brennan and seconded by Commissioner Hubbard to send a letter to the 6th grade class of the Jamestown School Thanking them for their letters and input regarding the Comprehensive Community Plan and to forward these letters to the Town Council so that it will be part of the permanent record. So unanimously voted.

  1. Citizen’s Non Agenda Item – nothing at this time
  2. Reports
    1. Town Planner’s Submitted Report
    2. Town Committees
    3. Sub Committees

Commissioner Barker reported that there were several new trees planted in front of the library.

  1. New Business
    1. Taurus Realty – Development Plan Review – Plat 5 lot 423 per article 8 of the Jamestown Zoning Ordinance

Robert Cournoyer made a presentation to the Planning Commission and stated that this lot has a 3 bedroom ISDS approval. Commissioner Calabretta asked if the applicant is bound to these grades.

Commissioner Lambert stated that he would like to see the clearing kept at a minimum. The Planning Commission would like tight language in the approval because of the impact to the wetlands. Commissioner Calabretta made a motion that was seconded by Commissioner Lambert to approve the Development Plan with Town Planner Lisa Bryer authorized to approve the revised plan administratively as follows: 1) remove the berm, 2) to keep the stone wall and 3) limit the clearing for construction to that as noted on plan. So unanimously voted.

Commissioner Lambert asked the Planning Commission to take up Old Business 2. High Groundwater Table at this time since the applicants professionals were all not present for OB 1.

VI. Old Business

    1. Jamestown Place Associates, 35 Knowles Ct. – Development Plan Review
    2. Commissioner Lambert asked the Planning Commission to take Old Business 2. High Groundwater Table before OB 1.

    3. Proposed Zoning Ordinance Amendment- related to High Groundwater Table- Section 308.

Mr. Richard Pastore, PE – Town Engineer Consultant discussed the proposed ordinance amendment with the Planning Commission. Mr. Pastore explained in detail several parts of the ordinance that were technical in nature and that the Planning Commission had questions about. There were some questions regarding the Stormwater Management section. Town Planner Lisa Bryer will work with Town Solicitor Douglas DeSimone on these issues for the next meeting. A motion was made by Commissioner Lambert to continue this until the next meeting. This motion was seconded by Commissioner Calabretta. So unanimously voted.

Commissioner Lambert recused himself and left the table turning the meeting over to Commissioner Brennan to chair.

1. Jamestown Place Associates, 35 Knowles Ct. – Development Plan Review - continued

Attorney John Murphy representing Mr. and Mrs. Richard Eannarino stated that the owners directed the architects to revise the plan reducing the number of units from 12 to 10 and reducing the height from 40 feet to 35 and making the third floor 75% of the first floor as required by ordinance. Mr. Murphy introduced Dan Paquette, Project Manager to the Planning Commission to address specific questions. Mr. Paquette addressed the Planning Commissioners, referencing the draft minutes of the April 3rd, Planning Commission meeting. Eric Offenberg, Engineer for NE & C explained the test pits for measuring groundwater elevation. Mr. Offenberg also addressed the noise issue with respect to the air conditioners. The current noise ordinance in the Town of Jamestown is not enforceable at this time. Town Solicitor Douglas DeSimone is working on this now. Mr. Offenberg referenced the Town of Newport’s noise ordinance. He stated that the air conditioners decibel level is at 8, and the emergency generator will be less than 55 decibels.

George Gifford of Gifford Design Group showed the landscape design and stated that there is not an area to put shade trees. Commissioner Sue Barker asked about the impact of the building being so tall and it blocking the sunlight to the existing trees on the street. Mr. Gifford stated he does not see a problem with that. Commissioner Hubbard expressed her reluctance to not having shade trees on the site. Mr. Gifford stated that the lighting plan is not done yet but knows that the Planning Commission prefers minimal lighting.

Architect Gordon Clark of Northside Designs showed a drawing of how the building will look from Knowles Court in relation to the other buildings and houses in the surrounding area.

Town Planner Lisa Bryer asked if they have any pictures of the building from Narragansett Avenue and Conanicus Avenue as requested at the April 3rd meeting.

Commissioner Brennan asked if there were members of the audience that wanted to speak regarding this issue:

Dawn Wells- 13 Coronado – asked about the below grade parking and what the effects will be on the groundwater.

Vicki – 4 Standish Rd. – stated that this building is an improvement over what was previously on the site.

Quentin Anthony – Attorney – 47 Long Wharf, Newport – addressed the Planning Commission. Mr. Anthony represents some the abutters to 35 Knowles Court, Mr. And Mrs. Eric Lexow, Dr. & Mrs. Bennett Hirsch et.al.. and discussed the link between the 2 properties and how the requirement for a loading space and or additional parking may alter the potential use on the condominium property. These properties are inextricably linked and should be reviewed that way stated Mr. Anthony. Thomas Moses – Attorney- Legal Consultant for Mr. & Mrs. Eannarino – Objected to Mr. Anthony discussing anything regarding the Commercial Property at 28 Narragansett Ave. and looked to Mr. Douglas DeSimone, Town Solicitor.

Mr. Douglas DeSimone – Town Solicitor – your objection is noted Mr. Moses, and instructed Mr. Anthony to proceed.

Quentin Anthony – currently the property is as originally configured, as one lot. The gross leasable floor area is more than what was represented so that is a violation of the approved plan.

Dawn Wells – 13 Coronado – stated that not all the neighbors are represented by Mr. Anthony.

Commissioner Calabretta - asked the abutters what they want to see?

Christine Bennett - she would like to see a less imposing structure; smaller.

Commissioner Calabretta asked Mrs. Bennett if she would like trucks using Knowles Court to access the loading zone. She responded that that is the law at this time.

Gail Thereo – neighbor – does not want to see trucks or a loading zone. Ms. Thereo stated that what is being proposed is much nicer than what was previously on the property.

Eric Lexow – wants something compatible with the best interest of Jamestown considered. He would like to see a smaller structure.

Anthony Simione – Hull St. – stated that he thinks this is a beautiful building and is an improvement to what was previously there.

Commissioners Brennan , Hubbard and Calabretta are of the same opinion as far as wanting to see the structure smaller. Town Planner Lisa Bryer stated that the Planning Commission can suggest that the applicant make the building smaller. Attorney John Murphy disputes that statement saying that the Planning Commission has no legal authority as long as the plan complies with the Town’s regulations and in fact the building is smaller than what could be put there. Town Solicitor Douglas DeSimone stated that Development Plan Review is the Planning Commission making a recommendation to the Zoning Board to grant or not grant approval of the site plan review. Mr. DeSimone also stated that it can be suggested to make it smaller but the Planning Commission cannot mandate it. Town Planner Lisa Bryer stated that if the Planning Commission is not happy with the size you can suggest that they make it smaller, if they choose to not do that then there is an action for that. Commissioner Hubbard asked if there is a time limit on this item and Town Planner Lisa Bryer stated that yes there is; the last items were submitted on May 21st, and it is 15 days from that date, but that the Planning Commission could ask for an extension. Commissioner Aibel made a motion that was seconded by Commissioner Calabretta to grant approval of the development plan with the condition that if the lot line changes it may be subject to further Planning Commission review. So voted:

Victor Calabretta – Aye Laura Aibel – Aye

Mary Brennan – Nay Betty Hubbard – Nay

Sue Barker – Aye

Motion carries by a vote of 3-2

A motion was made by Commissioner Aibel and seconded by Commissioner Calabretta to send a positive recommendation to the Zoning Board for the Special Use Permit. So voted:

Victor Calabretta – Aye Laura Aibel – Aye

Mary Brennan – Nay Betty Hubbard – Nay

Sue Barker – Aye

Motion carries by a vote of 3-2

Commissioner Lambert rejoins the meeting.

A motion to adjourn was made by Commissioner Brennan and seconded by Commissioner Calabretta. So unanimously voted.

Attest:

Cinthia L. Reppe This meeting was recorded on 2 micro-cassettes