Approved As Amended
PLANNING COMMISSION MINUTES
Jamestown Melrose School Multi
Purpose Room
The meeting was
called to order at
Andrew Kallfelz Betty Hubbard
Victor Calabretta Jean MacGregor Brown
Not present:
Gary Girard
Barry Holland
Also present:
Lisa Bryer, AICP – Town Planner
Cinthia Reppe – Recording Clerk
Michael Gray – Town Engineer
Robert Cournoyer – RC Cournoyer Enterprises
Inc.
John Somyk
Peter Brockmann - Attorney
Steve Perry – STD Builders
John Lawless – Engineer – Whale Rock
Engineering LLC
Carol and Ben Buglio
A motion was made by Commissioner Calabretta and seconded by Commissioner Hubbard to accept the minutes as written. So unanimously voted. Commissioner Calaretta abstains.
A motion was made by Commissioner Calabretta and seconded by Commissioner Hubbard to accept the minutes with the following change: page 3 second paragraph, last sentence should read – The goal would be to replace the windows to appear original.
II. Correspondence
1. CRMC – Cease and Desist – Richard & Patricia Condon-60 Westwind Dr., Jamestown – cutting of buffer zone/easement within 200 ft of a coastal feature. Received
2. CRMC – Cease and Desist – Alexander and Barbara Wood-70 Westwind Dr.,Jamestown - cutting of buffer zone/easement within 200 ft of a coastal feature. Received
3.
CRMC – Cease and Desist – Alan Katz –
4. CRMC – Public Notice – Eastward Vista LLC – Assent to modify existing residential boating facility (issued to Stephan Evangelista) to add 4’x20’ “L” fixed pier at current pier terminus. Received
5. FYI – Copy of Letter of Resignation from Bill Kelly. Received
6. FYI – Letter of Approval for New Water Standpipe to Zoning Board. Received
III. Citizen’s Non Agenda Item
Phil Zarlengo as a resident of the
IV. Reports
1. Town Planner’s Report – nothing additional at this time.
2. Chairpersons report
3. Town Committees
a. Harbor
Discussion about proposed
expansion of mooring field in East Ferry at same time as
b.
Land Use Plan RFP in paper today deadline is August 5th
c. Buildings and Facilities
d. Others
4. Sub Committees
V. Old Business
1.
Application of John Somyk - Plat 16,
This is a
single family dwelling proposed on Seaside Dr.
Owner John Somyk presented the application. The proposed house is smaller then the 2
neighboring houses but he is still trying to make it attractive to fit in with
the neighborhood. The back of the house
shows covered porches which is included in the calculations for impervious
coverage.
Bob
Cournoyer will discuss the drainage issues and changes that were made to the
original plan.
Mr.
Cournoyer checked with CRMC and there are no permits or applications related to
wetlands for the property to the south.
In addition,
the drainage stays right on the property. There will be Spot grades done. Commissioner Calabretta asked are there wetlands there?
Mr. Cournoyer said DEM and CRMC do not have any records indicating there
are and we cannot trespass onto to other properties to check. Just because they haven’t dealt with it
doesn’t necessarily mean there are none there said Commissioner
Calabretta.
The issues the Planning Commission were
concerned with previously he remembers were constraints because it is coastal, less
than 150 feet from the wetlands, 100 feet from well and neighboring
wells, they will need waivers, 2 of them.
In terms of the High Ground Water ordinance asked Commissioner Kallfelz
are there other issues we should be looking at? Commissioner Calabretta stated
he has everything he needs.
A motion
was made by to recommend denial by Commissioner Calabretta, and Commissioner
Kallfelz seconded the motion.
Commissioner Calabretta’s reason for this is because it is a difficult
area of town where high groundwater is an issue, the
restrictions are there for a reason.
Bob
Cournoyer asked the Planning Commission “are you saying there is no way this
person can use his property and you are denying him use of his property.” Mr. Somyk is willing to work with the town on
making it smaller he wants to work with them.
He knows he has to go to Zoning, and he is also working with making the
house fit the neighborhood. Commissioner
Brown feels he should have the opportunity to work with us and then let him go
to zoning and let them make a determination. Commissioner Kallfelz is struggling
with the rational rationale of denying it because of
variances there is no way to change what he has to work with. Commissioner Calabretta said let the zoning
board make their decision. Bob Cournoyer
said we are using your expertise we are talking about the wetlands,
there is no adverse affect to the wetlands.
Denying the right to build on your property is another issue. This is a unique site says Commissioner
Kallfelz it doesn’t have a lot of impact on abutting sites. Commissioner Calabretta does not think that
this is minimum impact. Commissioner
Brown feels that we have these new septic systems and she feels comfortable
that the wells will not be tainted, she would urge the Planning Commission to
come up with a mutually beneficial solution, she thinks the ordinance was
created because of runoff problems and wells being contaminated and this
application is not a classic offender.
She thinks we can work with the applicant to approve this and he is
willing to work with us. Commissioner
Hubbard asked Commissioner Brown if we should continue this so the applicant
can work with the size of the house to further reduce impacts?
Commissioner Brown says yes. Commissioner Calabretta should
we amend the high groundwater ordinance to accept advantex systems? Commissioner Calabretta said we should not
recommend the application to zoning that is his opinion. So voted:
Andrew Kallfelz – Nay Betty
Hubbard – Aye
Victor Calabretta – Aye Jean
Brown – Nay
Motion fails
lack of majority
Mr. Somyk is willing to work to reduce the size of the house, he just wants some guidance from the Planning Commission. Commissioner Brown made a motion to continue this until the next meeting, Commissioner Kallfelz seconded. So voted:
Andrew Kallfelz – Aye Betty
Hubbard – Aye
Victor Calabretta – Nay Jean Brown – Aye
2.
Application of STD Builders - Plat 5 Lot 58, Proposal for
new house on Ferry Street, Zoning Ordinance Section 314 Sub-District A Review,
High Groundwater Table and Impervious Layer Overlay District, Recommendation to
Zoning Board
Lisa Bryer addressed the issue brought up by Mr. Zarlengo during Non Agenda item. She stated that it is irrelevant what is on the Zoning agenda. The Planning Commission has an application before them and they should continue with its review. When the Planning Commission recommends approval or denial, it will go forward to the Zoning Board. It would be less confusing if they went forward with one plan or another? The Planner will check with the Solicitor.
Attorney Peter Brockmann, representing STD, what we do at zoning is between us and zoning. The Planner asked if STD was aware that if Zoning denies the application before them then they cannot go forward with this application anyway. The applicant is aware of this. Commissioner Calabretta makes a motion to table this until the zoning board acts on what is before them at this time. Commissioner Kallfelz seconds the motion for the sake of discussion. A discussion ensued about why they should table it.
Commissioner Hubbard stated she would have been ready to deny because there are 3 items that are not changed in the new plans submitted. The applicant stated that they had new plans to hand out this evening. Commissioner Brown asks if we should wait for a legal opinion from our solicitor. The Planning Office did not realize that they were before zoning with a different application. Should we table pending the zoning meeting? Commissioner Calabretta withdrew the motion to continue.
Commissioner Hubbard made a motion to deny based on the town engineers report. Commissioner Calabretta seconded the motion. Attorney Peter Brockmann wanted to present the Planning Commission with a new plan but Commissioner Calabretta stated the Planning Commission discussed ways to make this procedure faster and the board was in consensus no more accepting things the night of the meeting. Commissioner Hubbard agrees with that. Mr. Brockmann would like to submit the information tonight and admitted that last minute is frustrating on both sides, Commissioner Kallfelz asked Mr. Brockmann, do you want to make a presentation on the materials that were in their packet? Mr. Brockmann said no.
So voted:
Andrew
Kallfelz – Aye Betty Hubbard –
Aye
Victor Calabretta – Aye Jean Brown – Nay
VI. New Business
1.
Application of Benjamin and Carol Buglio - Plat 15, Lot
236, Proposal for addition to existing
house on Mizzen Street, Zoning Ordinance Section 314 Sub- District A Review,
High Groundwater Table and Impervious Layer Overlay District, Recommendation to Zoning Board
John
Lawless a registered professional engineer made a presentation representing Ben
and Carol Buglio the applicants. They
are proposing to add a 1 story addition to their existing house at 13 Mizzen. The existing septic system which is a 3
bedroom system has been approved for the proposed addition and no changes need
to be made to it. They are proposing to
remove the existing driveway and replace with crushed stone to reduce the
impervious cover on site to 14.59 % from 19%.
Because post construction impervious cover is less than
pre-construction, there will be a reduction to stormwater runoff. This proposal meets the development standards
in the ordinance.
Commissioner
Kallfelz said
it is going to be difficult to deal with this minimum impact issue. It is still a reduction of impervious coverage, Commissioner Kallfelz is very conscientious
conscience of the overall site.
Do we want any other information? Comments so far are it could be
reduced to minimize impact further, but it does provide stormwater control
where none exist now. Is there a reason
why this addition couldn’t be on a crawl space asked Commissioner
Calabretta? A motion was made by
Commissioner Kallfelz and seconded by Commissioner Hubbard to continue this
application with a recommendation to the applicant to revise the plan to reduce
impact based on the size of the addition and its impact on surface water
flow. Commissioner Brown asked why is
size the issue?
Mr. Buglio stated before we started, no one said size is the issue. If he thought the size wouldn’t have been
acceptable he would not have wasted everyone’s time, where did this come from? Commissioner Kallfelz said the size comes
from minimum impact. Mr. Lawless
reiterated we are decreasing the impervious coverage,
we can keep on decreasing the size until there is nothing. Mr. Lawless said there is going to be less
runoff because we are eliminating the driveway.
Commissioner Calabretta said he does not have an issue with the size of it So voted:
Andrew
Kallfelz – Aye Betty Hubbard –
Aye
Victor Calabretta – Aye Jean Brown – Aye
2.
Proposed new Ordinances per State of
Town Planner Lisa Bryer asked the Planning Commission to look at this and be ready to discuss this at the next work session. Town Engineer Michael Gray said this must be adopted by the town before December.
A motion to adjourn at
Attest:
Cinthia Reppe This meeting was recorded on 1-micro-cassette