PLANNING COMMISSION MINUTES

June 2, 2004

7:30 PM

 Jamestown Library

 

The meeting was called to order at 7:05 with the following members present:

Gary Girard                              Andrew Kallfelz

Betty Hubbard                          Victor Calabretta

Jean MacGregor Brown           William Kelly

Barry Holland

 

Also present:

Lisa Bryer, AICP – Town Planner

Richard Pastore – Town Engineering Consultant

Peter Brockmann – Attorney

Anthony and Lorana DiMedeiros

 

 

I.   Approval of Minutes from May 19, 2004

A motion was made by Commissioner Holland and seconded by Commissioner Hubbard to approve the minutes with the following change; wan to want on page 2 under Town Committees, Harbor.  So unanimously voted.

 

I.      Correspondence

1.      CRMC – Assent – Clifford L and Mary Farrell, 44 North St. Grafton, MA 01519; to construct a residential boating facility to consist of a: 4’x12’ fixed timber pier, a 3’x18’ ramp, a 150 sq ft. float and 2 tie off piles. The terminus of the dock will extend to 95 feet beyond MLW.  Plat 3 Lot 121, 541 Seaside Dr. Jamestown, RI. Received

2.      FYI – Memo to Commission from Town Council Re:  Letter from James and Lizbeth Tobin for review and comments. Received

 

A discussion of the memo from the Town Council ensued.  The Planning Commission requested that Town Planner Lisa Bryer send a letter to the Town Council stating that a file will be created for the application in the event that it is reviewed under Section 314 of the Zoning Ordinance.

 

III. Citizen’s Non Agenda Item - Nothing at this time.

 

IV. Reports

1.   Town Planner’s Report

The Planner reported that the June 16th meeting will be at the Library.  The Commission decided that there will be no meeting July 21.

 

2.   Town Committees

a.       Harbor

b.      Fort Getty

Commissioner Hubbard reported on the Ft. Getty committee.  There will be a public workshop on June 10th at 7:00 in the Library. 

c.       Buildings and Facilities

The Committee will be making a recommendation to the Town Council on a site for the Town Hall within the month.

d.      Tree Preservation and Protection

e.       Parking

f.        Others

3.   Sub Committees

 

V.   Old Business

1.      Demedeiros – Bark Ave. - Plat 16 Lot 40 – Zoning Ordinance Section 314 - High        Ground water table/ Impervious Layer Overlay district  - Sub-District A review-continued

Peter Brockmann gave a brief presentation.  Commissioner Calabretta felt that the pipes through the foundation were not necessary since they had gravel around the foundation but that having both is a safeguard.  Also he felt that they could grade the low spot slightly so that it sheet flowed across the driveway.  Commissioner Holland is pleased with the changes.   A pipe was placed across the top of the driveway east-west to allow flow of water from the downspouts to flow under the driveway.  Commissioner Kelly stated that the applicant has listened to the response of the Planning Commission and has responded to all the comments in an acceptable way.

Commissioner Hubbard questioned Dick Pastore about whether he felt that the pipes in the foundation were necessary.  He felt that it would be O.K to delete the pipes.   Commissioner Girard thanked the applicant for their efforts and has no objection to the additional size of the building.  A discussion ensued regarding the placing of a conservation easement on the property that addresses the restrictions suggested by the Planning Commission.  Items for consideration include:

Footprint of 990 square feet (6 percent of lot coverage).

2 bedroom

no significant alteration to final grading as shown on approved plan

 

Commissioners Holland and Calabretta have no problem with making a conditional approval but do not agree with the vehicle for the conditions being a conservation easement.  Commissioner Calabretta suggested making two separate motions; one for approval, one for conditions.  Betty Hubbard underscored that a conservation easement is the legal devise recommended by the Solicitor. 

Commissioner Calabretta made a motion, seconded by Commissioner Kelly to approve the site plan as presented with the following conditions of approval:

o                   Slab elevation should be 101.5 not 104.8 as shown

o                   Footprint of 990 square feet (6 percent of lot coverage).

o                   Maximum 2 bedroom

o                   No significant alteration to final grading as shown on approved plan. 

o                   The typical foundation section (exhibit A) should be part of the final approval but should be amended to show either stone under the footings and around foundation or with pvc pipes through the foundation and the stone is to be carried under the slab.

Final site plan approval showing the conditions shall be reviewed administratively and signed by the Chair.  So voted:

Gary Girard - Aye                                Andrew Kallfelz - Aye

Betty Hubbard  - Aye                          Victor Calabretta - Aye

Jean MacGregor Brown – Aye             William Kelly - Aye

Barry Holland – Aye

                                                                                                Motion passes by a vote of 7-0

 

Commissioner Hubbard made a motion, seconded by Commissioner Girard that recommends to the Zoning Board to approve the application with the following conditions stated in development plan review and that the conditions be adopted in the form of a conservation easement.

Motion withdrawn.  A discussion ensued and Commissioner Hubbard made a motion, seconded by Commissioner Kelly to forward our review and approval to the Zoning Board with a recommendation for approval.  So voted:

Gary Girard - Aye                                Andrew Kallfelz - Aye

Betty Hubbard  - Aye                          Victor Calabretta - Aye

Jean MacGregor Brown – Aye             William Kelly - Aye

Barry Holland – Aye

                                                                                                Motion passes by a vote of 7-0

 

Commissioner Kelly made a motion, seconded by Commissioner Calabretta that a letter be sent to the Zoning Board stating that in reviewing these applications that they use the best legal vehicle possible to preserve the characteristics and conditions of the approval in perpetuity.  So voted:

Gary Girard - Aye                                Andrew Kallfelz - Aye

Betty Hubbard  - Aye                          Victor Calabretta - Aye

Jean MacGregor Brown – Aye             William Kelly - Aye

Barry Holland – Nay

                                                                                                Motion passes by a vote of 6-1

 

 

 

New Business

    1. Filling and Grading regulations – Update from Town Planner

 

Motion to adjourn by Commissioner Calabretta, seconded by Commissioner Kelly at 9:15 p.m.  So unanimously voted.

 

Attest:

 

Lisa Bryer