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

PLANNING COMMISSION MINUTES

October 2, 2002

7:30 PM

Jamestown Library

The meeting was called to order at 7:37 p.m. and the following members were present:
Rob Lambert		Gary Girard
Mary Brennan		Betty Hubbard
Michael Schnack	Jean Brown
Andrew Kallfelz	Sue Barker

Also present:
Lisa Bryer, AICP – Town Planner
Cinthia Reppe – Recording Clerk
John Murphy – Attorney
George Gifford – Landscape Architect – Gifford Design Group
Mark Convoy – Engineer – David Gardner and Associates
Mr. And Mrs. Froeberg
Mr. And Mrs. Hartley
Richard Allphin
Michaela Kennedy – Jamestown Press
Sherry Lussier
Ray Ianetta
Sav Rebecci

I.  Reading and Approval of Minutes from September 18, 2002
 A motion was made by Commissioner Brennan and seconded by Commissioner Girard to 
accept the minutes with the following change:
 Page 3 Item 2, second paragraph change Andrew Kallfelz – Aye to Nay
 So voted:
Rob Lambert - Aye		Gary Girard - Aye
Mary Brennan - Aye		Betty Hubbard - Aye
Michael Schnack - Abstain	Jean Brown - Aye
 Andrew Kallfelz – Aye Nay	Sue Barker – Abstain
 							Motion passes by a vote of 6-0, 2 Abstentions
II.  Correspondence
1. FYI – Section 709 Merger of Contiguous Nonconforming Lots of Record. Received


III.  Citizen’s Non Agenda Item
 Charlotte Zarlengo, 350 Seaside Dr., wanted to address the Planning Commission on the 
recommendations that the Planning Commission made to the Town Council on the comments 
from the Public Hearing of the Proposed Zoning Ordinance Amendment related to protection 
of critical lands containing freshwater wetlands, high groundwater table and/or shallow 
impervious layer.  Mrs. Zarlango asked the Planning Commission to carefully consider the 
situation in the Jamestown Shores and encourage stricter rules instead of making it a more 
lenient amendment.  Commissioner Lambert thanked Mrs. Zarlango for her comments and let 
her know that the Planning Commission already voted on their recommendations and sent 
them to the Town Council and that she should take her concerns to the Town Council Public 
Hearing that is continued to October 7, 2002. 
 
IV.  Reports – nothing at this time
a.  Town Planner’s Submitted Report  

-----------------------------------

Office of the Town Planner
MEMORANDUM

	TO:	Planning Commission
	FROM:	Lisa Bryer, AICP, Town Planner
	RE:	Comments for the October 2, 2002
		Planning Commission Meeting
	DATE:	September 27, 2002


V. Public Hearing
1.	Hartley 2 Lot Minor Subdivision - Ship Street Extension – Public Hearing 
and Preliminary Decision
	The Planning Commission reviewed this application at the last meeting and voted 
to schedule the public hearing on October 2.  I have provided a DRAFT Motion for 
approval for your discussion once the Public Hearing is completed.  Please bring the 
plans from the September 4 packet.  Please let me know if you do not have those plans 
and we can get you a new set.


VI. Old Business
1.	Cedar Lane Estates 3 Lot Minor Subdivision – Vegetation Management Plan
	I met with Mr. Manning and George Gifford regarding the vegetation 
management plan for the 92 foot buffer area required as part of the Preliminary 
Approval.  The Plan seems complete and reasonable.  Mr. Gifford has provided a detailed 
view corridor study showing site angles projections from both the highway and the access 
road.  This will require a positive motion for approval.  The original approval stated:
A 92 foot “No Disturbance” buffer shall be shown on the final plat for all three 
lots along Route 138 for the purpose of noise attenuation and a visual barrier.  
This buffer shall be monumented as indicated in 3 above.  The applicant shall 
be permitted to submit a management plan for the buffer area at a later date 
subject to Planning Commission approval.  Notice of such a meeting shall be 
sent to representatives of the adjacent cemetery by the applicant;

	A copy of the application has been sent to Mr. Head for review as required.

2.	Proposed Zoning Ordinance Amendment related to Businesses operating 
from Marina Slips, Docks and/or Moorings including Ferry Service and Parking
	The Town Council discussed this amendment in December of 2001 at a joint 
meeting with the Planning Commission.  I have provided my comments from the last 
time you reviewed this amendment.  I have also provided a DRAFT of the ordinance with 
your last suggested changes handwritten.  This amendment is unfinished business and 
was continued last winter because the Comprehensive Plan and the High Groundwater 
Ordinance were of greater priority at that time.


3.	Town Highway Garage Facility – Discussion of Location
	Several Planning Commission Members have requested that this item be 
discussed by the Planning Commission given the Town Council’s renewed interest in the 
Ft. Wetherill Facility for the location of the new Highway Garage.   The Planning 
Commission has addressed the Town Council on two previous occasions regarding the 
Highway Garage facility, one specifically regarding Ft. Wetherill.  I have attached both 
Memos.  The location being discussed is the northwest corner of the property, currently 
designated as parking for the existing marina.  Although the Memo regarding Ft. 
Wetherill addresses the site as a whole as well as surrounding uses, the specific focus is 
on the existing building.  For those interested in visiting the site, I attached a map of the 
site for your reference.  Unfortunately it does not have topography or the coastal feature 
but does give reference to surrounding features.

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b.  Town Committees 
c.  Sub Committees

V.  Public Hearings
1. Hartley 2 Lot Minor Subdivision – Ship Street extension – Public Hearing and 
Preliminary Decision
Commissioner Lambert opened the Public Hearing and asked the audience of anyone had a 
comment or question.  Charlotte Zarlango asked where the water was going.  Mark 
Conboy, engineer for David Gardner & Associates of Warwick RI, stated that the water 
will stay on the property.  Commissioner Lambert closed the public hearing at 7:46 p.m. 
after asking if there were any other questions.  Commissioner Hubbard stated that she 
would like to see 2 separate wells, 1 on each parcel.  Commissioner Kallfelz said that 
maybe we can come up with an alternative.  Pres Froeberg stated that there would not be 
anything built on the 2nd parcel at this time and nothing is planned for the immediate 
future.  The Planning Commission suggested that item 9. under Findings of Fact be 
changed to Lot 1 in the subdivision will have access to sufficient potable water for the 
intended use.  Under Conditions of Approval number 5. add shall drill one well on lot 1 
prior  to final approval of this plat which meets the requirements of A.9. above; Lot 2 shall 
drill a well which produces sufficient water for the intended use prior to receiving a 
building permit.  A motion was made by Commissioner Lambert and seconded by 
Commissioner Girard to approve the DRAFT Motion for preliminary approval as presented 
by the Town Planner for the Hartley subdivision with the above changes as follows:
	“To Grant Preliminary Plan approval in accordance with the Town of Jamestown 
Subdivision Regulations, RIGL 45-23-37 and the plans entitled "Subdivision Plan HARTLEY 
SUBDIVISION; Ship Street, Jamestown, Rhode Island, Map 15, Lot 339; Property Owner 
Prescott E. and Florence M. Froberg; prepared by David D. Gardner & Associates, Inc., 200 
Metro Center Boulevard, Warwick, Rhode Island, (401) 738-3200; dated 8-23-2002 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 as long as the proposed system is located within 150 
feet from the edge of any wetland;
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, Ship Street.  The proposed subdivision road will be privately owned and 
maintained;
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 streets, building lots, utilities, drainage improvements, and other 
improvements in the subdivision minimize flooding and soil erosion; and,
9. Lot 1 in the subdivision will have access to sufficient potable water for the intended use.

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 determined at the time of filing of the final plat and paid prior to recording of the final 
plan;
3. Froberg Way shall be shown on the Street Index on the Final Plat;
4. Monuments shall be placed at all corner points at the new property line; 
5. The applicant shall drill one well on Lot 1 prior to final approval of this plat which meets 
the requirements of A.9. above.  Lot 2 shall drill a well which produces sufficient water for 
the intended use prior to receiving a building permit;
6. The Planning Commission delegates Final Review to the Town Planner with the signature 
of the Planning Chair to appear on the Final Record Plan;
7. The Road Ownership and Maintenance Agreement shall be recorded in the Office of the 
Jamestown Town Clerk contemporaneously with the Final Plat;
8. This approval shall be recorded with the Town Clerk contemporaneously with the Final 
Plat; and,
9. This approval shall expire one year from the date of approval by the Planning Commission.

So unanimously voted.

VI.  Old Business
1. Cedar Lane Estates – 3 Lot Minor Subdivision – Vegetation Management Plan
Attorney John Murphy introduced Landscape Architect George Gifford who made a 
presentation of the Vegetation Management Plan.  A discussion ensued and the following 
changes will be made to the Vegetation Management Plan.  The reference to herbicide use 
should be removed from the management plan narrative and the arrow toward the 
cemetery should be removed from the map.  In addition, the final view corridor shall be 
monumented.  The final view corridor shall be within the boundaries shown on the plan 
and shall be refined at the time of building construction.  A motion was made by 
Commissioner Hubbard and seconded by Commissioner Lambert to approve the 
Vegetation Management Plan with the above stipulations and amendments.  So 
unanimously voted.

2. Proposed Zoning Ordinance Amendment related to Businesses operating from Marinas 
A discussion ensued regarding the comments that were made at the joint meeting of the 
Town Council and the Planning Commission back on February 14, 2002.  The following 
comments and concerns from the Town Council were:
? It puts an unnecessary burden on water based business owners
? They don’t agree with limiting marina parking to commercial.  They want it in R-
20 and R-40 still
? Section 1210 – The standard for satellite parking lots should be put on all 
commercial businesses
The Planning Commissioners disagreed with the second item and a motion was made 
by Commissioner Schnack and seconded by Commissioner Lambert to continue this 
item for the next agenda and to specifically include for discussion Section 1202 and 
1210.  So unanimously voted.

3. Town Highway Garage Facility – Discussion of Location
Town Planner Lisa Bryer stated that this issue was put on the Agenda because several 
Planning Commissioners requested this in response to the latest suggestion made by the 
Town Council to place the new Highway Garage at Fort Wetherill. At the suggestion of 
the Town Council President, Town Planner Lisa Bryer brought the proposed conceptual 
plan that was shown at the last Town Council meeting. Commissioner Schnack stated that 
two committees have made recommendations to the Town Council regarding proposed 
sites for the Highway Barn and this site was not recommended because it was not felt to be 
appropriate by either committee.  Included in the packet were 2 previous memos from the 
Planning Commission to the Town Council.  One of the memo’s specifically referred to 
the future use of the Fort Wetherill facility as not being used for the Town Highway 
Garage but that future use of Ft. Wetherill should be a water dependent or water enhanced 
use. 
Sherry Lussier of Prospect Ave. stated that this site has never been looked at before, 
because the 2 committees thought that there were restrictions from both CRMC and DEM.  
Ray Ianetta, North Main Rd., stated that the committees didn’t look at this site because it 
was too small and because of the restrictions.  The Buildings and Facilities Committee 
narrowed it down to 2 sites, Lot 47 and the sewage treatment plant.  Both committees 
preferred Lot 47 according to Mr. Ianetta, but he stated that lot 47 is no longer under 
consideration by the Town Council and that neither committee looked at the Transfer 
Station as an alternative.  Both Committees did however look at Ft. Wetherill and for 
various reasons did not recommend it as a final site.  Commissioner Schnack questioned 
why we have a drawing for this site and not one for Lot 47 or the transfer station.  
Commissioner Hubbard stated that the Planning Commission never thought this was an 
appropriate site before.  Commissioner Girard asked whether the Planning Commission 
should even look at this now.  Commissioner Brennan asked why is the Town Council 
second guessing 2 committee’s decisions.  Commissioner Schnack stated that the 
Comprehensive Community Plan shows that this use in inappropriate and handed out 
excerpts from the Comprehensive Plan supporting his statement.  In addition, the salt 
water is to destructive to the equipment, and this is a scenic coastal area.  Commissioner 
Schnack made a motion to adjourn which was withdrawn.  Commissioner Kallfelz made a 
motion that was seconded by Commissioner Barker to send a memo to the Town Council 
that the Planning Commission understands from viewing a complete concept that the 
Town Council is nearing a decision and if this is the case have you considered the 
Comprehensive Plan references.  The Planning Commission feels proceeding without 
having a joint discussion on the site is inappropriate.  So unanimously voted.

VI. New Business – nothing at this time
A motion to adjourn at 10:00 p.m. was made by Commissioner Schnack and seconded by 
Commissioner Barker.  So unanimously voted.


Attest:

Cinthia Reppe
Recording Clerk