PLANNING COMMISSION MINUTES
The meeting was called to order at and the following members were present:
Gary Girard Victor Calabretta
Commissioners Hubbard and Brown arrived at
Cinthia Reppe – Recording Clerk
Ray and Karyne Bazzano,
Bruce McIntyre – Attorney
Robert Ornstein, Arris Design
Matthew Viana, Northeast Engineers & Consultants, Inc.
Ian Thompson, Parker Thompson General Contracting
I. Approval of Minutes from
A motion was made by Commissioner Calabretta and seconded by Commissioner White to accept the minutes as written. So unanimously voted. Commissioner Holland abstains.
1. FYI – Letter from John Collins Re: Zoning Laws
Mr. Collins spoke to the Planning Commission regarding his letter. What’s the definition of a temporary storage container he would like to know. He has been looking at one for 4 years and there is nothing regarding enforcement in the zoning ordinance at this time. His recommendation is 12-18 months during construction would be temporary. He would like something definitive done regarding this. Commissioner Girard stated that we will be looking at the zoning ordinance in the upcoming months and that that would be the time to address these issues. He thanked him for bringing these issues forth.
2. FYI – Joint Meeting with Zoning Board and Town Council
Commissioner Girard informed the board of the joint workshop
with the Town Council that was scheduled for May 18th to discuss the
High Groundwater Ordinance. He also told
the board about the upcoming meeting with the Cha
III. Citizen’s Non Agenda Item – nothing at this time
1. Town Planner’s Report
2. Chairpersons report
3. Town Committees
Commissioner Hubbard reported that the
c. Buildings and Facilities
Parking Committee met and discussed beach access and issuing a sticker for the residents of the shores, who have said there is never any room for them to park.
Committee – Town Planner
4. Sub Committees
V. Old Business
1. Manning (
Commissioner Ventrone said they never voted on the sprinkler
system issue. It wasn’t taken to a vote
at that point because he thought it would not be legal and has since found out
that it would and could be legal and wants to take it to a vote. He wants support from the me
Commissioner Ventrone made a motion that they not allow sprinkler systems in the Manning subdivision. Commissioner Hubbard seconds the motion. So voted:
Gary Girard – Aye Victor Calabretta – Nay
Betty Hubbard – Aye Barry Holland – Nay
Jean Brown – Nay Richard Ventrone – Aye
Michael White – Nay
Motion does not carry by a vote of 4-3.
Commissioner Calabretta made a motion and Commissioner White seconded the motion to approve Manning.
At the May 3, 2006 Planning Commission meeting the Planning Commission voted “to Grant Preliminary approval in accordance with the Town of Jamestown Subdivision Regulations, and RIGL 45-23-37 and the plans entitled "Cover Sheet - Upland Farm – Preliminary Review - Major Subdivision; Cedar Lane (Cemetery Access Road); A.P. 5 Lot 414, Jamestown, Rhode Island; Property Owner Manning Family Trust, 71 Starr Drive, Narragansett, RI 02882; prepared by Northeast Engineers & Consultants, Inc., 55 John Clarke Road, Middletown, Rhode Island, 02842, 401-849-0810; dated January 2006, revised March 2006; Sheets 2-10 revised as follows:
Sheet 2, Existing Conditions Plan – March 14, 2006, Sheet 3, Preliminary Subdivision Plan,– February 21, 2006, Sheet 4, ISDS and Utilities Plan - March 14, 2006, Sheet 5, Grading and Utilities Plan - March 14, 2006, Sheet 6, Plan and Profile Lester’s Lane – February 21, 2006, Sheet 7, Soil Erosion and Sediment Control Plan - March 14, 2006, Sheet 8, Notes and Details – 1 – February 21, 2006, Sheet 9, Details – 2, February 21, 2006, Sheet 10, Details – 3 – February 21, 2006 and Landscape Construction Plan by Gifford Design Group, Inc. dated February 2006 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:
The subdivision is consistent with the requirements of
the Jamestown Comprehensive Plan and/or shall satisfactorily address the issues
where there may be inconsistencies. The
Comprehensive Plan states that “if houses were developed on a minimum of
one-acre lots, groundwater supply in
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 a minimum of 150 feet from the edge of any wetland. No wetlands have been identified on site or within 200 feet of the site;
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;
All subdivision lots have adequate and permanent
physical access to a public street, namely,
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. Surface water runoff will be handled per the approved Storm water Management Plan for Cedar Lane Farm, prepared by Northeast Engineers and Consultants, Inc., dated January 2006. An ownership and maintenance agreement for the drainage structures will be recorded with the Final Subdivision Plan at the office of the Jamestown Town Clerk ;
8. The design and location of streets, building lots, utilities, drainage improvements, and other improvements in the subdivision minimize flooding and soil erosion. A Soil Erosion and Sediment Control Plan has been approved and will be adhered to during construction of subdivision improvements;
9. The use of open space in the proposed Residential Cluster Development is an appropriate use and is consistent with the requirements of Article IV.A.4.; and,
All lots in the subdivision have access to sufficient
potable water for the intended use. Paul
B. Aldinger and Associates in their Geohydrologic
for the Manning Subdivision dated January 2005 indicated that
“The estimated yield of the three wells drilled on-site for this study at 3 to
10 gpm are more than adequate to meet a daily demand
of 600 gal/d, and it is likely that six additional wells having equal or
greater yields are obtainable at the locations chosen.”. Of the nine off site wells that were
monitored based upon their relative locations to the subdivision site, the
report indicated that “Interference resulting from pumping of adjacent wells
appears to be
B. Waivers from the Subdivision and Land Development Regulations
The Planning Board agrees to Grant the following waiver:
1. The subdivider shall not be required to construct the street as required in Article XIII and shall be permitted to construct a non-paved street to access the nine lots;
C. Findings of Fact for Granting Waivers
In Support of the waiver, the Board makes the following findings of fact:
1. The subdivider desires to maintain the rural character of the area while maximizing groundwater infiltration and aiding in stormwater control on and off site and access the nine building lots by an eighteen foot wide gravel roadway.
2. The Planning Commisison has determined that the request for "Waivers" to the Subdivision Regulations is reasonable and within the general purposes and intents of the Subdivision Regulations; and,
3. That providing waivers to the Subdivision Regulations is in the best interest of good planning practice and design as evidenced by consistency with the Comprehensive Community Plan and the Zoning Ordinance.
D. Conditions of Approval
1. 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;
2. Granite monuments shall be placed at all corner points of the nine lots;
3. After final review and approval by the Town Planner and the Town Solicitor, the applicant shall record the following legal documents with the Final Plat:
a. Conservation Easement for the open space, including permission to the Town to monitor the well periodically. Or an easement to the Town over the open space to monitor the well, as shown on the plans;
b. Upland Farm Development Agreement
c. Legal document setting up homeowners association for the purposes of ownership and maintenance of roadway;
d. Ownership and Maintenance of roadway including drainage structures (as per storm water management plan by Northeast Engineers and Consultants, Inc. dated January 2006)
4. Recommend that homeowners be conservative in their use of well water. The Homeowners Association should provide water conservation literature to new homeowners. If automatic sprinklers for lawns are to be used, they must be equipped with water conservation technology. This should be enforced by the Homeowners Association;
5. In the design of the individual wells, set pumps so that drawdown can go no lower than mean sea level to avoid potential salt water intrusion. Given the results of the well tests and the likelihood of similar production results for the other wells to be constructed on the site, this should impose no problem under normal use circumstances;
6. Require advanced denitrification ISDS systems for the development. Final ISDS Subdivision Suitability shall be obtained prior to final approval;
7. To insure that all lots in the subdivision have access to sufficient potable water for the intended use, all site wells shall be installed and approved prior to final approval;
8. This approval shall expire one year from the date of approval by the Planning Commission unless recorded by that date.
Gary Girard – Aye Victor Calabretta – Aye
Betty Hubbard – Aye Barry Holland – Aye
Jean Brown – Aye Richard Ventrone – Nay
Michael White – Aye
Motion carries by a vote of 6-1
Recommendation to the Zoning Board
Ray Bazzano introduced his wife Karyne Bazzano who is also his business partner.
Mr Bruce MacIntyre made a presentation to the board and is asking for approval tonight with a positive recommendation to the Zoning Board.
Water issues are a concern both in terms of potable water
usage and stormwater.
They want to retain the same nu
Commissioner Calabretta is in favor of the project but has
questions about the lot lines, setbacks and if it will cause problems when they
go to zoning.
Commissioner Girard informed the Engineering firm that this
Commissioner Hubbard questioned the applicant about the engineers letter.
Matt Viana engineer with Northeast Engineering responded to
Commissioner Ventrone stated he was in front of the condo’s this week and a fireman told him that they are called to pump out the condo’s next door at least 3 times a year and with the drainage right now the way it is proposed it is going to exacerbate the problem. It was acknowledged by Commissioner Girard that there is flooding problems with the Bay View condo’s right now. The sub-drain system that is in place right now is very deep and is working very well. Commissioner Holland asks about the placement of the cistern. Commissioner Ventrone stated once it accepts the 3,500 gallons than it will run off overland flow. They stated that they will empty the cistern in times of heavy rain. Mr. Viana says it will not be an increase but Commissioner Ventrone thinks it will. Commissioner Holland asks who will be in charge of monitoring and emptying the cistern at the condo building. Mrs. Bazanno says it can be written into the condo association by laws. Commissioner Ventrone asked the applicant, “why don’t you redesign it and take care of the problem that exists now.” Commissioner Girard said all the commissioners are familiar with the problems that exist now.
Commissioner Calabretta said the new condo’s up the street have an extensive sub drainage system for a reason. There is a high groundwater table in the area. He asked the engineer, “What do you know that no one else knows and why do you think you don’t need it?” Commissioner Calabretta asked the engineer a question about what he thinks will happen in a hypothetical situation. Is Bayview comfortable with this design? They will have to get an agreement from Bayview to use their system. Mr. Ornstein, the project architect explained the design that the Bayview has and why. He says it will be exactly the same. Commissioner Calabretta addressed Mr. Bazanno and explained the drainage system and what it will do and wants to make sure that he knows what could happen and that he and the abutters need to be comfortable with the design and that it will work because he will be the one that is financially responsible.
Mr. Viano finished his recap of his memo and Commissioner Girard asked if there were any other questions.
Mr. Bazzano explained the design of unit one and that it has
four bedrooms because it will be for his and his wife’s visiting family me
Commissioner Girard went through Town Planner
Commissioner Girard asked Town Planner
Mr. Bazzano suggested to have the town hold 2 certificates
of occupancy until 24 Narragansett is completed. Mr. Bazzano sat with Nick Robertson, Chair of
the Affordable Housing Committee, who is in support of this plan and the future
Commissioner Girard asked about a Landscaping Plan.
Mr. MacIntyre said essentially they want to maintain the existing design with the hedge and preserve the look of the period instead of changing all the landscaping. Commissioner Ventrone wants them to have a professional do the landscape plan. Mr. Bazzano said they will have what is there now and is open to suggestions from the Commission.
Commissioner Ventrone said normal procedure is having this all completed before approval and recommendation to the Zoning Board, a landscaping plan, lighting fixture pictures, etc. If they don’t get approval at zoning and we are making all these suggestions aren’t they wasting their time asked Commissioner Brown. Town Planner Lisa Bryer explained Commissioner Browns question. The PC is advisory to the Zoning Board whether they take our recommendation or not, we still make an advisory recommendation.
Mrs. Bazzano explained there is not going to be a dramatic change to the landscaping, in fact they are uprooting a hydrangea and replanting it and the lighting will not be a big change and we would like to keep the same look to the building. Commissioner Ventrone said show me in a plan, I want to see it before I sign off on it.
Commissioner Hubbard said she has 2 items on her list from
VI. New Business
1. FY 2006 Community Development Block Grant – Planning Commission
Commissioner Girard made a motion and Commissioner Brown seconded the motion:
The Jamestown Planning Commission hereby certifies that the proposed FY2006 Community Development Block Grant activities are in compliance with local development policy as set forth in the 2002 Jamestown Comprehensive Community Plan as amended and with the Jamestown Subdivision and Land Development Regulations and Jamestown Zoning Ordinance.
So unanimously voted.
A motion to adjourn at was made by Commissioner Calabretta and second by Commissioner White. So unanimously voted.
Cinthia Reppe This meeting was recorded on 1 micro-cassette