November 17, 2004

7:30 PM

 Jamestown Library


The meeting was called to order at 7:30 p.m. and the following members were present:

Gary Girard                        Victor Calabretta                      Jean MacGregor Brown

William Kelly                      Barry Holland


Not present:

Andrew Kallfelz

Betty Hubbard


Also present:

Lisa Bryer, AICP – Town Planner

Cinthia Reppe – Recording Clerk

Peter Brockmann – Attorney

Robert Cournoyer – Designer

Lino Corredora

Julio DiGiando

Charlotte Zarlengo


I.    Approval fo Minutes from November 3rd, 2004

A motion was made by Commissioner Holland and seconded by Commissioner Kelly to accept the minutes as written.  So unanimously voted.


I.       Correspondence

1.        FYI – Memo to Town Council from Planning Commission Re: High Groundwater Table Workshop- Received


Commissioner Hubbard arrives at 7:34 p.m.


III.  Citizen’s Non Agenda Item – nothing at this time


IV. Reports

1.               Town Planner’s Report

Town Planner Lisa Bryer reported on the Housing Plan that was presented at the Town Council meeting.  The Town Council continued the hearing until their next meeting.

2.               Town Committees

a.       Harbor

b.      Fort Getty

c.       Buildings and Facilities

d.      Others

3.               Sub Committees

Commissioner Holland reported that the Tree Committee discussed the situation in the woods between the schools and the danger involved and who is responsible to fix the situation.


V.   Old Business


1.      Application for Lino Corredora (Beatrice C. Burns – Owner) – Hull & Stern St. – Plat 14 Lot 80 - Zoning Ordinance Section 314 - High Ground water table/ Impervious Layer Overlay district  - Sub-District A review – continued

Mr. Peter Brockmann stated this is the 3rd attempt to get approval on this project and they have done the things that were asked.  Mr. Cournoyer, PLS, explained the changes to the Planning Commission.  A motion was made by Commissioner Calabretta to make a recommendation to the zoning board to approve the plan and it was seconded by Commissioner Holland.  Commissioner Hubbard recommended that a condition of approval to be that the applicant provide an as-built grading plan to the building official prior to he issuance of a certificate of occupancy which was recommended by the Town Engineer in his memo.  All Commissioners agreed and it was added to the motion which is to make a recommendation to the Zoning Board to approve the plan with a condition of approval being that the applicant provide an as built grading plan to the building official prior to the issuance of a certificate of occupancy.  So voted:


Gary Girard – Aye                       Betty Hubbard- Aye

Victor Calabretta – Aye               Jean MacGregor Brown – Aye

William Kelly – Aye                     Barry Holland – Aye

                                                                                       Motion passes by a vote of 6-0



2.      Proposed Zoning Ordinance Amendments related to article 314 - protection of critical lands containing freshwater wetlands, high ground water table and/or shallow impervious layer – Discussion of Issues for Joint Town Council Work session


Commissioner Girard stated that when the Planning Commission finishes their discussion he will take input from the audience if time allows.


 Lisa Bryer, Town Planner wants to provide the Town Council with issues and questions the Planning Commission has before the joint workshop.  The Planner has 5 questions listed and wants to know if any of the Commissioners have any other questions or issues they would like to discuss with the Town Council, if they do they should be listed. 


Commissioner Hubbard asked “are we talking about the ordinance in general, or just specifics?”


Commissioner Girard stated that surface water is an issue that is island wide.  He thinks the Town Council should be in on a discussion about this too.  Commissioner Holland asked if there should be 2 ordinances, one that deals with just surface water/stormwater or if should be incorporated into one.  Town Planner Lisa Bryer stated that it is critical that stormwater control remain in the original ordinance but that the Town Council felt that stormwater should be regulated island wide as well.  In the planners memo number 4, stormwater and filling and grading should be listed as an item,  separate from the High Groundwater Table Ordinance. 


Although it reads clearly in the ordinance, some people mistakenly thought it only applied to new construction according to Commissioner Holland.  Commissioner Calabretta stated it never only applied to just new construction.  It was always the intent that it would apply to both.  There was never a doubt in Commissioner Calabretta’s mind that it pertained to both new and existing construction because it is stated clearly in the ordinance that it applies to “improved and unimproved real estate”.   The Chair stated that it is clear in the ordinance but The Town Council is asking that the Planning Commission look at the issue again because they are getting pressure from homeowners in the shores that are wanting to make changes and additions to their homes and did not think this ordinance pertained to them.  Commissioners Calabretta and Girard got into a discussion about the misunderstanding of this ordinance being for only new development and not existing homes.  Commissioner Calabretta would like definite direction from the Town Council. 


Commissioner Calabretta suggested that anyone on the Planning Commission that owns property in the shores should get a letter from the solicitor regarding conflict of interest.  The Town Planner stated that a discussion regarding property values and what this ordinance is about are two separate issues.  Since there will be no motions made tonight the chair will continue to chair this meeting and ask the solicitor his opinion.  Commissioner Kelly thinks the Town Council should address storm water Island wide. Leave sub district A intact and then for sub district B it should be done administratively unless it is over 600 square feet.  This concurs with his discussion he had with the building official today.  Commissioner Hubbard would like the Town Engineer involved in these matters when it is done administratively.  It was not stated in the ordinance because we did not have a Town Engineer at the time.  All agreed.


Commissioner Hubbard thinks the Planning Commission needs to talk about the size of the structure and minimum disturbance.  Lisa Bryer stated that when that discussion happened that it was her understanding that the Planning Commission discussed a minimum square foot for the house and footprint for the worse case scenario lot (sub-district A).  The Planner is not sure whether we need to completely open up discussion again on this issue if everyone has the same recollection.  It just needs to be clarified and therefore all items need to be considered to determine if it is a worse case scenario such as size of lot, water table, depth to impervious layer, density of surrounding area, etc..   Commissioner Brown asked how we address the adjustment of the filling issue.  Lisa Bryer stated that what triggers this ordinance is an applicant pulling a building permit and filling does not require a building permit.  That would be an enforcement issue.  Commissioner Calabretta stated, regarding imperious cover, 15 % lot coverage would allow a 1080 sq ft footprint home.    Commissioner Holland stated as long as this workshop with the Town Council is going to take place he is not comfortable with the intent of least disturbance to the property, Section 314 B 4th bullet.  What is the meaning of this?  He would like to discuss this at the workshop.  The Planning Commission asked how many applications have been approved administratively?  Lisa Bryer said we have had 8-12 approved administratively, not all sub-district B.


After the joint meeting we go back and begin re-writing the ordinance.  The Town Council will hold public hearings after we send it back to them.  The Planning Commission discussed all these issues and the Town Planner will summarize this and forward to the Town Council.


Will the public be able to speak at the workshop asked Charlotte Zarlengo?  Lisa Bryer suggested that if Mrs. Zarlengo has specific questions or comments that she should put them in writing and submit it to the Town Council.  It is not known whether there will be time for pubic comment at that time or not.


VI. New Business- nothing at this time


A motion to adjourn was made by Commissioner Calabretta and seconded by Commissioner Holland at 9:00 p.m.  So unanimously voted.




Cinthia Reppe         This meeting was recorded on 1 micro cassette