***** UNAPPROVED MINUTES *****

PLANNING COMMISSION MINUTES
April 15, 1998
7:30 PM
Jamestown Town Hall

The meeting was called to order at 7:35 pm.
      The following members were present:
Betty Hubbard , Chair     Richard Waters
Gary Girard         Mary Brennan
Arthur Milot        Dennis Webster
Michael Smith       Rob Lambert
Sue Barker

Also present: Lisa Bryer, AICP - Town Planner
     Kimberly Turcone - Recording Secretary
     Jim Estes - Hamilton Avenue Subdivision
     Alma Davenport - Hamilton Avenue Subdivision Abutter
     Terry Poisson - Hamilton Avenue Subdivision Abutter
     David Berry - Hamilton Avenue Subdivision Abutter
     Christopher Curren - Hamilton Avenue Subdivision Abutter
     Numi Mitchell - Biologist
     James Quattrocchi - Mackerel Cove Heights

I.  Reading and Approval of Minutes from April 1, 1998
A motion was made by Commissioner Waters and seconded by Commissioner
Girard to approve the minutes of April 1st as written.  So voted:
Betty Hubbard  - Aye         Richard Waters - Aye
Gary Girard - Aye         Mary Brennan - Aye
Arthur Milot - Aye        Dennis Webster - Aye
Michael Smith  - Aye         Rob Lambert - Aye
Sue Barker - Abstain
Motioned carried by a vote of 8-0

II.  Correspondence
1.  CRMC Notice to Walter & Diane Wallace, 32 Orient Avenue, Jamestown for
a RI assent to construct and maintain: a residential boating facility to
consist of a 111'x 3' ramp, and a 150 sq. ft. float.  The terminus of the
dock will extend to 50' beyond mean low water. Received & Acknowledged
2.  FYI - Copy of the Zoning Board of Review Agenda for April 28, 1998. 
Received & Acknowledged

III.  Citizen's Non Agenda Item
With nothing at this time move on to Reports.

IV.  Reports
a.  Town Planner's Submitted Report
b.  Town Committees
Harbor Management Commission - Commissioner Webster reported that the
Harbor Commission had submitted a repairs report to the Town Council.
      The Town Council is now waiting for the DOT's comments.

Parking Committee - Commissioner Girard reported that the Parking
Committees looking at parking at the schools.  

Commissioner Webster stated that interviews for the Quonset/Davisville
Committee will be taking place soon.

V.  Old Business
1.  Hamilton Avenue Subdivision Master Plan Informational Meeting/Public
Hearing
Commissioner Hubbard explained that the hearing is a combination of Master
Plan and Preliminary meeting.
      The public can ask questions and comment.
      The applicant, Jim Estes, is not the owner of the property but will
represent the owner tonight.
      She asked that Mr. Estes make his presentation before taking
questions from the audience.

Jim Estes read a statement explaining the subdivision.
      The Planner posted a copy of the proposed plan.
      He also explained that all three houses will tie into the Town sewer
line.
      A well will be drilled only on the large lot.
      If no water is found, it will tie into the Town water system.  

Alma Davenport, 99 Hamilton Avenue - I have a letter on file.

Terry Poisson, 61 Hamilton Avenue - You plan to drill one well and the
other two lots will receive Town water?

Mr. Estes stated that Mrs. Poisson was correct.

Alma Davenport - The plan for the house (on the large lot) is well thought
out.  My letter is concerning the wetness of lots b & c.  I have written
to Mr. Smith (owner) in regards to this and I have asked him to donate the
land to the Land Trust.
      I have also written a letter to DEM to challenge their wetlands
determination (submitted).
      I believe there is more wetlands there.
      Numi Mitchell can speak more on this subject.

Commissioner Hubbard asked Ms. Davenport to read her letter out loud.  Ms.
Davenport agreed.

Numi Mitchell, 67 Howland Avenue - I am concerned with the whole property.
      It is very wet.
      I have written a letter to DEM in 1995 regarding an adjacent piece
of property.
      Wet is defined by vegetation in Rhode Island and this land is a
forested wetland.
      The thing that I have found is that the wetland line should include
more than it does.
      It's a red maple dominated swamp with many other wetland dependent
species.
      If the DEM representative was brought back - there is no question in
my mind that they'd say 'oops'.
      The two lots (b & c) would have no dividing potential at all.
      According to State regulations lots b & c are wetlands.

Commissioner Smith asked if Ms. Mitchell received any response from DEM
regarding her 1995 letter.

Numi Mitchell - I received none and now the regulations have changed.  I
think the whole property should be looked at again and recalculated.  It
should also be looked at again to see if a buffer is needed.  DEM should
be called back.

Alma Davenport - I have sent a letter to DEM dated 4/12/98 and I spoke to
Carl Ruggieri and Sandy Bateman at DEM.
      They stated that they would not be contacting me concerning the
property.
      My comments would be filed and reviewed when the permit is under
review.

Commissioner Hubbard then read the Conservation Commission comments.

Numi Mitchell showed the Planning Commission a site plan with additional
areas to be reexamined (especially in the northwest corner).
      She tried to explain the difference between the 1992 regulations and
the current regulations.

Christopher Curren, 65 Hamilton Avenue -  I spoke with people who were
dumbfounded that the property to the east of this property received a DEM
permit (the property that abuts lot c).
      That house caused the basement to flood the house we were renting on
Walcott Avenue.

David Berry, 78 Howland Avenue - There are a lot more patches of wetland
on lot a and pools of water and other muck on lots b & c.

Commissioner Webster asked if the areas Mr. Berry was speaking of were wet
in the summer.

David Berry - Yes, but not as much - but still they are.

Commissioner Waters stated that the Planning Commission has gone to DEM in
the past for the 2 houses that were built across Hamilton Avenue (from the
proposed subdivision) and the Commission received no action.
      He also explained that his son used to go ice skating in the area
where the subdivision is proposed and that Dr. Mitchell has an excellent
reputation.

Commissioner Hubbard stated that the Commission had a dilemma.
      DEM has agreed with the flagged areas on the proposed plan.
      She also explained that the Commission has a little time to hear
from DEM again because the Commission is waiting to receive Warren Hall's
engineering report.
      She asked the Commission to wait until the next meeting to make any
decisions regarding this subdivision.

Commissioner Smith stated that he thought this subdivision was in the best
interest of the Town.
      He also felt the Commission should wait until the next meeting.  

The Town Planner stated that the Planning Commission must act on the
subdivision even if DEM does not respond.
      The Commission's deadline on this application is July 10th.
      The engineer may also be able to shed some light on this issue.

After some more discussion regarding wetlands, Commissioner Hubbard
thanked all who commented and that the Commission would take their
comments under advisement.

A motion was made by Commissioner Webster and seconded by Commissioner
Barker that the Town Planner contact DEM and ask for some response on the
new information given to the Planning Commission tonight regarding the
delineated wetlands, in time for the next meeting on May 6th.  So voted:
 Betty Hubbard - Aye         Richard Waters - Aye
Gary Girard - Aye         Mary Brennan - Aye
Arthur Milot - Aye        Dennis Webster - Aye
Michael Smith  - Aye         Rob Lambert - Aye
Sue Barker - Aye
Motion carried by a vote of 9-0
  
2.  Mackerel Cove Heights - Master Plan (continued review)
The Planning Commission discussed the concerns over the walking path that
surrounds Mr. Quattrocchi's cluster schematic.  

The Commission also discussed the potential of moving the open space to
the back of the cluster.
      The Town Planner explained that the wetlands on the land adjacent to
Mr. Quattrocchi's would abut the open space as it currently is shown on
the cluster plan.
      An unofficial vote was taken regarding this issue and the majority
of the Commission felt the open space should remain as it has been
proposed on schematic 2.

The Planning Commission asked Mr. Quattrocchi to draft a covenant of use
and maintenance for his open space for the next meeting.

The Town Planner stated that she would draw up a draft motion for approval
of Mackerel Cove Heights.

The Commission then discussed the issue of lighting regarding Mackerel
Cove Heights.
      The Chair asked members to drive around other subdivisions,
especially Cedar Hill Farm and Jamestown Estates to get some idea of the
lighting used.

VI.  New Business
With nothing at this time a motion was made by Commissioner Webster and
seconded by Commissioner Barker to adjourn the meeting at 10:06 pm.

Attest:

Kimberly Turcone
Recording Secretary