PLANNING COMMISSION MINUTES
  FEBRUARY 19, 1997    
  7:30 PM 
  Jamestown Town Hall

Meeting was called to order at 7:33 pm.
The following were present:
Betty Hubbard             Richard Waters
David Butterfield            Thomas Foley
Arthur Milot              Mary Brennan
Michael Smith

Also present: Jane Weidman, AICP: Town Planner
        Kimberly Turcone: Recording Secretary
        John Murphy: Attorney for Cumberland Farms
        John Caito: Cumberland Farms Engineer
        Michael Desmond: Cumberland Farms Engineer
        Frances Sheflin: Cumberland Farms Dept. Manager
        David Baptista: Attorney for Mr. Hunt
        Donald Hunt: Cumberland Farms Abutter
        Patrick Hayes: Attorney for the Bucklin property
        David Emilita: Surveyor for the Bucklin property

I.   READING AND APPROVAL OF MINUTES from the meeting of February   5,
1996.
A motion was made to by Commissioner Brennan and seconded by Commissioner
Butterfield to approve the minutes as amended.  So voted: 7-0
Betty Hubbard - Aye             Richard Waters - Aye
David Butterfield - Aye            Thomas Foley - Aye
Arthur Milot - Aye              Mary Brennan - Aye
Michael Smith - Aye

Amendments are as follows:   
page 3 - Section VI, #2; Title to read as follows: "Mackeral Cove Heights
Request for Major Subdivision Application to be Continued Under the Old
Subdivision Regulations:" 

    - 1st paragraph to read: "Commissioner Hubbard stated she would hold
voting until the Quattrocchi's were heard from."

page 4 - Section VI, #2; 4th paragraph will read as "Commissioner Hubbard
told the Quattocchi's they have the option of coming back and proving in a
public meeting their traditional subdivision is best for the Town but at
the same time they must have complete cluster plans to prove that cluster
type development is inappropriate."

II.  CORRESPONDENCE
1.   CRMC FINDING NO SIGNIFICANT IMPACT to David Laurie RE:   Reshingle
siding, replace window, where needed repair rotted   areas, general
exterior maintenance located at 15 Dumpling  Drive, Jamestown Plat 10, Lot
17.  Received and Acknowledged 2.   Letter to the Town Planner from RI
Resource Conservation &  Development Council, Inc. RE: Site Engineering
Assistance
  Received and Acknowledged

III. CITIZENS NON-AGENDA ITEM
With nothing at this time move onto Reports.

IV.  REPORTS
Commissioner Hubbard asked to move Reports to the end of the meeting.
      Commission found that to be acceptable.
  a. Town Planner's Report 
  b. Subcommittees
  c. Town Committees

V.   OLD BUSINESS
1.   Cumberland Farms Development Plan Review
John Murphy introduced the Cumberland Farms representatives and reminded
the Commission Cumberland Farms already made a major presentation in the
fall of 1996.

A motion was made by Commissioner Smith and seconded by Commissioner Foley
to approve for site plan review the plans reviewed and agreed upon by both
parties at tonight's meeting and that the 7 corrected items to the plan be
certified by the Town Planner for administrative review.

The following are a list of the agreed changes to be incorporated into the
final plan:
  (1)   Cumberland Farms will provide the necessary details to      create
an actual gas trap through the manhole on Watson     Avenue.
  (2)   Cumberland Farms will regrade drive and repave sidewalk.
  (3)   Cumberland Farms will get rid of planned green vinyl     slats and
will plant Arborvitae 6 feet on center.
  (4)   Cumberland Farms will provide a spec on dropping the     light
near the phone booth to a 15 foot, 320 watt     Heritage Fixture (down
light).
  (5)   a. Maintenance of a grassy meadow to be clipped at the        
detention area only twice a year.
     b. - A stone mulch under the planting area at the curb        
(southwest along drive).
     c. - Mowed lawn on back edge.
          d. - Bark Mulch under Arborvitae hedge.
     e. - Specify minimum size of plants: 2" caliper on tree,          3'
Arborvitae, 1 1/2' - 2' Yews and Azaleas.
     f. - An additional 4 more Yews and 2 more Azaleas will be          
planted at the North Road planting bed.
     g. - Planters will contain annuals.
  (6)   Lettering on entry to building will be raised lettering    
(colored blue) made out of wood. 
  (7)   Cumberland Farms will produce a letter of agreement      between
themselves and the Town to repair and/or replace       the drainage hook
up to ensure the connection.

Commission discussed the motion further.

David Baptista representing Donald Hunt had questions about the proposed
drainage.
      Mr. Caito stated the Commission will have to rely on the Director of
Public Works opinion and review (Mr. Goslee's letter to the Town Planner
dated 10/25/96).
     Mr. Caito also stated if the proposed drainage solution does not work
then the drainage problem is an issue for the Dept. of Public Works and
not for Cumberland Farms. 

Mr. Hunt stated that drainage in this area has been a problem since 1979
and as an abutter does not feel comfortable with the proposed solution.
      Mr Caito stated that the issue was beyond the scope of his client
improvements.
      Commissioner Hubbard suggested to Mr. Hunt that this may be
something he may want to bring up before the Town Council because it is a
Town maintenance issue.

A roll call vote was taken.
So voted: 
Betty Hubbard - Aye          Richard Waters - Nay
David Butterfield - Aye         Thomas Foley - Aye
Arthur Milot - Aye           Mary Brennan - Aye
Michael Smith - Aye

Motion carried 6-1.

A motion was made by Commissioner Smith and seconded by Commissioner
Brennan to recommend to the Zoning Board the application request of 6
variances be granted to Cumberland Farms.
The variances are as follows:
  1. Gas island canopy setback less than 30' from front       property
line. (Article 3, Section 302, Table 3-2)
  2. Ground sign taller than 10' (Article 13, Section 1305,      #3)
  3. Ground sign greater than 20 sq. ft. area. (")
  4. Parking requirement met by counting 8 spaces at gas      pumps.
Article 12 Section 1203, #6
  5. No flat roofed buildings (Article 11, Section 1105, 2D,     #2)
  6. Special Use Permit for underground gas tanks (Article 3,      
Section 301, Table 3-1, VIII, #1).

So voted: 6-0
Betty Hubbard - Aye          Richard Waters - Abstain
David Butterfield - Aye         Thomas Foley - Aye
Arthur Milot - Aye           Mary Brennan - Aye
Michael Smith - Aye

Commissioner Hubbard requested that the Commission defer remaining Old
Business in order to hear from the Bucklin application.

VI.  NEW BUSINESS
1.   Bucklin Subdivision Preliminary Application
Patrick Hayes and David Emilita both spoke for the applicant and explained
the Bucklin's situation.
      The subdivision would occur in an RR80 Zone.
      The lot has 2 existing dwellings on it: one house built in the 40's
the other in the 60's.
      The proposal is to divide the lot down the middle.
      Each house presently has a well and a septic system.

Subdivision would result in two substandard lots lacking both the required
frontage (107' vs. 200') and sideyard setbacks between the two dwellings
(24' vs. 30') as well as depth to width ratios greater than 2.5 to 1.0
(roughly 700' to 107').
      A proposed common driveway easement was submitted to prevent future
construction of an additional driveway off East Shore Road and to provide
for shared maintenance of the existing driveway.

Commissioner Hubbard questioned if the Bucklin's had come before the
Commission in the past.
      Mr. Hayes stated they had because they wanted to enlarge the smaller
house and were turned down by both Planning and Zoning.
      Commissioner Hubbard explained that the existing use is legal
non-conforming and that, as such, the use may not be enlarged, extended or
made more non-conforming.

The Commission agreed to postpone action on the Bucklin property until the
proposal could be investigated by the Planner and Solicitor.

V.   OLD BUSINESS (cont.)
2.   Zoning Ordinance Changes to consider RE: Potential Ferry      
Service "continuation from 1/15/97"
Because meeting ran late discussion will be held at next meeting.

3.   CRMC Aquaculture Permit Application (CRMC File #97-1-14 PD)   
Proposed by William Geib, 76 Quaker Lane, West Warwick, RI.  
  (continuation from 2/5/97)
Commission agreed that Commissioner Hubbard should write a letter to CRMC
regarding Aquaculture and their regulations on the subject.

4.   Commissioner Hubbard informed the Commission that there has been a
request from the Zoning Board vice chair, Richard Allphin, regarding the
land swap between the Town and the Conanicut Yacht Club (CYC).
      The CYC would like to swap the triangular piece of land used for a
green and tee by the golf course for a piece of golf course property which
is zoned Open Space, is not needed for play and is adjacent to the
northermost CYC tennis courts.
      The CYC plans to erect two paddle tennis court (also called platform
tennis) with evergreen screen plantings.
      The Zoning Board would like to know if the Planning Commission would
be willing to advise on the matter.
      Commissioners agreed to do so however, Commissioner Hubbard and
Milot would recuse themselves because they belong to the CYC as does
Zoning Board Chair, Catherine Finney.  

The Commission agreed to look in to this matter.

IV.  REPORTS (cont.)
To be continued at the next meeting

A motion was made by Commissioner Butterfield and seconded by Commissioner
Milot to adjourn the meeting at 10:30 pm.

Attest: 

Kimberly Turcone
Recording Secretary