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

PLANNING COMMISSION MINUTES
May 20, 1998
7:30 PM
Jamestown Town Hall

Meeting was called to order at 7:33 pm and the following members were
present:
Betty Hubbard       Michael Smith
Gary Girard            Rob Lambert
Mary Brennan        Dennis Webster
Sue Barker

Also present: Lisa Bryer, AICP - Town Planner
     Kimberly Turcone - Recording Secretary
     John Quattrocchi - Mackerel Cove Heights
     James Quattrocchi - Mackerel Cove Heights
     Jim Estes - Hamilton Avenue Subdivision
     John Caito - Hamilton Avenue/Cajacet Farms
     Mark Liberati - Vincent Pera Subdivision

I.  Reading and Approval of Minutes from May 6, 1998
A motion was made by Commissioner Smith and seconded by Commissioner
Lambert to approve the minutes from May 6th as written.  So voted:
Betty Hubbard - Aye       Michael Smith - Aye
Gary Girard - Aye         Rob Lambert - Aye
Mary Brennan - Aye        Dennis Webster - Aye
Sue Barker - Aye
Motion carries by a vote of 7-0

II.  Correspondence
1.  FYI: Zoning Board Agenda for May 19, 1998  Received & Acknowledged
2.  DEM to Robert Marcello, c/o Ecological Associates, 1130 Ten Rod Road,
North Kingstown RE: Insignificant Alteration Permit Application #97-0517
in reference to the location approximately 150 feet west of America Way by
Utility box #6, approximately 200 feet southwest of its intersection with
Ranger Court, Assessors plat 2, Lot 177, Jamestown, RI.
       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
Highway Barn Committee - Commissioner Brennan reported that the Committee
had its first meeting and discussed preliminary sites for the Highway
Barn.

Quonset Point/Davisville Committee - Commissioner Webster reported that
the Committee held their first meeting and will meet again next week.

Parking Committee - Commissioner Girard reported that the Committee has
been discussing parking at Fort Getty and shuttling people back into Town.
       Commissioner Girard also reported that the Town is eligible for
ISTEA funding for a project of this regard.

V.  Old Business
1.  Mackerel Cove Heights - Master Plan Decision (continued)
MACKEREL COVE HEIGHTS SUBDIVISION - Hamilton Avenue
  A motion was made by Commissioner Hubbard and seconded by Commissioner
Webster to Grant Master Plan approval in accordance with plans entitled
"MACKEREL COVE HEIGHTS A.P. 9 Lots 635 & 529; Owner/Applicant John & James
Quattrocchi; 2 Douglas Pike, Smithfield, R.I.; prepared by David M.
Garrigan P.L.S., Cumberland, Rhode Island, 401-658-2074; dated revised
12-6-97 based on the following Findings of Fact and subject to the
following Conditions of Approval:

A.   Findings of Fact - Mackerel Cove Heights
The Commission makes the following findings: (Please note that all
references to the Subdivision Regulations refer to the version adopted
12/20/95)
1. The subdivision is consistent with the requirements of the Jamestown
Comprehensive Plan;
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;
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;
6. All subdivision lots have adequate and permanent physical access to a
public street, namely, Hamilton Avenue.
      Lot frontage on a public street without physical access shall not be
considered compliance with this requirement;
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;
8. The Planning Commission cannot find at this stage of approval that the
design and location of streets, building lots, utilities, drainage
improvements, and other improvements in the subdivision minimize flooding
and soil erosion.
      Information will be submitted by the applicant to verify this
finding at the Preliminary Stage of Approval;
9. The Planning Commission has found that the Cluster Subdivision is a
better use of the subdivision parcel and is in the best interests of the
residents of Jamestown.
      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.of the Subdivision Regulations; 
10. All lots in the subdivision have access to sufficient potable water
for the intended use.
      The subdivision received, by Consent Decree in 1993, the right to
hook up to the Town Water System; 
11. The applicant is not proposing dedication of land for public purposes
as required by Article III, D. of the Subdivision Regulations;
12. The Planning Commission finds that the existing landscaping on site is
insufficient for both natural reasons and because the site has been
disturbed so as to require the planting of new vegetation per Article
XIII.B.14. of the Subdivision Regulations;
13. An administrative Subdivision was filed with the Town Clerk on March
4, 1998 providing Lot 529 with 50 ft. of frontage on Hamilton Avenue.  The
subdivision road right-of-way as shown on the plan is 40 ft.  Please refer
to condition of approval #5 regarding this issue.

B.   Conditions of Approval - Mackerel Cove Heights
1.   The approval is for a total of no more than 9 lots; there are no
existing houses;
2. That a fee in-lieu of land dedication shall be required and shall be in
the amount as calculated in Article III, D. 5. & 6. Of the Subdivision
Regulations to be paid at the time of, or prior to recording of the final
plat;
3. The open space as shown on the referenced plan shall be minimally
altered and ownership and maintenance agreements shall be drafted for the
Preliminary review stage by the applicant to be reviewed by the Planning
Commission.  Such agreements shall include:
a.  Requirements for and restrictions to appropriate clearing of
underbrush
  such as removal of dead vegetation and nuisance species such as briar
and
  poison ivy;
b.  Restrictions to building of structures in the open space without
Planning 
 Commission approval;
c.  Walking path maintenance (if a walking path is proposed); and;
d.  Stone wall maintenance; maintain historic appearance.
4.  A detailed landscape plan shall be submitted at the Preliminary review
stage 
 which includes:
a.  The location of all trees on site and which trees will be removed
during 
 construction of houses;
b.  Proposed street trees per Article XIII. B.13.;
c.  Proposed landscaping per Article XIII.B.14;
d.  Plantings proposed for the cul-de-sac center;
e.  Supplemental plantings in open space;
f.  Details of walking path including width, materials and location, if a
walking path is proposed;
g.  Street lighting proposed, if any; and,
h.  Sidewalk on one side of the street.
5.  The Preliminary Plan should show the 10 ft. strip of land at Hamilton
Avenue as 
       adjacent to lot 618 and to be part of the open space of the
subdivision.  This area 
       shall be suitably landscaped per condition of approval 4 above;
6.   Monuments shall be placed at all corner points along the new street
and at the back corners of all new property lines per Article XIII.B.15.
of the Subdivision Regulations; 
7. This approval shall expire one year from the date of approval by the
Planning Commission; 

So voted:
Betty Hubbard - Aye       Michael Smith - Aye
Gary Girard - Aye         Rob Lambert - Aye
Mary Brennan- Aye         Dennis Webster - Aye
Sue Barker - Aye
Motion carries by a vote of 7-0

2.  Hamilton Avenue Subdivision Master Plan/Preliminary (continued review)
HAMILTON AVENUE SUBDIVISION, 3 Lot Major Subdivision
A motion was made by Commissioner Lambert and seconded by Commissioner
Girard to Grant Master Plan/Preliminary approval in accordance with plans
entitled "Hamilton Avenue Subdivision, Jamestown RI; Plot Plan; Applicant:
James Estes, 19 Walcott Avenue, Jamestown RI; Owners, Richard D. Smith et
al.; dated Dec. 1997 and revised May 13, 1998 and Plat 9, Lot 491,
Topographic Site Plan prepared by Robert C. Cournoyer; undated based on
the following Findings of Fact and subject to the following Conditions of
Approval with the understanding that the plan will be approved as
specified and the Town Engineer along with the applicant's engineer agree
to the approved plans:

A.   Findings of Fact
The Commission makes the following findings:
1. The subdivision is consistent with the requirements of the Jamestown
Comprehensive Plan:
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.
      The lots are proposed to be serviced by Town Sewer and the Town
Public Works Department has given approval for this connection;
4. There will be no significant negative environmental impacts from the
proposed development as shown on the plans, with all required conditions
for approval.
      The applicant had provided a drainage plan which will be revised by
the applicant and reviewed and approved by the Town Engineer.
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.
      This subdivision must receive additional approval by the Department
of Environmental Management prior to Final Approval;
6. All subdivision lots have adequate and permanent physical access to a
public street, namely, Hamilton Avenue and Clinton Avenue.
      Lot 491 A has requested a waiver from Section IV.B.(3)(b) of the
Subdivision Regulations which requires access where your frontage is
located.  Lot frontage on a public street without physical access shall
not be considered compliance with this requirement;
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;
8. The design and location of building lots, drainage improvements, and
other improvements in the subdivision will minimize flooding and soil
erosion if all the improvements on the plan are adhered to, including any
additional mitigative measures which may be imposed by DEM in the
Alteration Permit;
9. All lots in the subdivision have access to sufficient potable water for
the intended use.
      The applicant is proposing public water for 2 lots and a well for
the third lot and has stated that if a well is not feasible for the third
lot that it will also be hooked into public water.
      Public water is available to all lots per the Town Public Works
Department.

B.   Waivers from the Subdivision and Land Development Regulations
The Planning Commission agrees to grant the following waivers:
1. Section IV.B.(3)(b) of the Subdivision Regulations which requires
access where your frontage is located. A waiver is requested for Lot 491
A.  Lot frontage on a public street without physical access shall not be
considered compliance with this requirement;

C.   Findings of Fact for Granting Waivers
In Support of the waivers, the Commission makes the following findings of
fact:
1.  The legal frontage for all lots is Hamilton Avenue, but will service
only 2 new lots 
      (491b & c);
2.  Lot 491 A is using Hamilton Avenue as its legal frontage but cannot
gain
      access to the buildable portion of the lot due to wetlands;
3.  Clinton Avenue will be used to service only Lot 491 A.  The applicant
has 
      volunteered to put a restriction on any further subdivision on this
lot.  Therefore, 
      there will be no potential for further subdivision on this lot;
4.  It was determined by the Planning Commission that Clinton Avenue is of

      sufficient size to service the proposed two-family residence on Lot
491 A.  The 
      Fire Chief requested and the Planning  Commission agreed that a
gravel turn-out 
      will be necessary at the end of Clinton Avenue for the turn around
of Emergency
      Vehicles.;
5.  For the reasons stated above, the request for "Waiver" to the
Subdivision 
      Regulations is reasonable and within the general purposes and
intents of the
      Subdivision Regulations; and,
6.  That providing a waiver 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.  The approval is for a total of 3 lots; Lot 491A is proposed as a
two-family lot;
2.  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 paid prior to recording of the final plan.
3.  Four (4) Monuments shall be placed at all property lines along
Hamilton
      Avenue, and one at the northwest corner of property; 
4.  The applicant shall seek a DEM physical alteration
permit/insignificant
  alteration permit prior to final approval and recording of this plat;
5.  The applicant shall extend the Town sewer line with a size equal to
the 
 existing line from the current end-point on Clinton Avenue to the
property line of   
 the subdivision where applicant shall place a new manhole as shown on the
 plan.
      Any variation from this standard will need approval by the Town
Board of 
 Water and Sewer Commissioners.
      A residential size line may be used from the
 property line to the proposed dwelling(s).
      The Town shall be responsible for 
 future maintenance of the main sewer line within the Town right-of-way.  
6.  If the applicant chooses to use Town water instead of a private well
for lot 491a, the applicant shall extend the Town waterline into a size
equal to the existing line from the current end-point on Clinton Avenue to
the property line of the subdivision where the applicant shall use a
residential sized line.
      Any variation from this standard will need approval by the Town
Board of Water & Sewer Commissioners.
      The Town shall be responsible for future maintenance of the main
water line within the Town Right-of-way. 
7.  The applicant shall be responsible for the paving of Clinton Avenue,
for a distance of approximately 70 feet, from its current point of ending
to the property line.
      The width of pavement shall be 18 feet (the current paved width of
Clinton Avenue is 19 ft. according to the applicants plan).  The Town
shall be responsible for future maintenance of the paved surface within
the Town right-of-way.
8.  The applicant must obtain a physical alteration permit for lot 491 for
the
  proposed curb cut, from the State DOT prior to final 
  approval and recording;
9.  The final plans shall be revised by the applicant and reviewed and
approved by the Town Engineer:
a.  To comply with the recommendations made by Town Engineer 
 Warren Hall, PE in his letter dated May 16, 1998; and
b.  To comply with the original recommendations made by Mr. Hall in his 
 letter dated April 24, 1998;
c.  To show a gravel turn out within the Clinton Avenue right-of-way for
  the purpose of providing turn-around capacity for emergency vehicles at
  the end of Clinton Avenue.
10. This approval shall be recorded with the Town Clerk contemporaneously
with
       the Final Plat; and,
11.  This approval shall expire one year from the date of approval by the
Planning
      Commission;
12.  Drainage swails and retention basins shall be maintained to hold the
volume of water for which they were designed.  They shall be repaired as
necessary to continue the function for which they were designed. 
Alterations to improve their functions or to increase their capacity shall
require a permit and approval of the Administrative Officer as well as any
other permits required from the State permitting authorities.
      Any additions or alterations to the buildings or land which would
increase run off shall require approval of the Administrative Officer as
well.

So voted:
Betty Hubbard - Aye       Michael Smith - Aye
Gary Girard - Aye         Rob Lambert - Aye
Mary Brennan- Aye         Dennis Webster - Nay
Sue Barker - Aye
Motion carries by a vote of 6-1

3.  Vincent Pera - Minor Subdivision Preliminary Decision
VINCENT PERA SUBDIVISION - Penny Road
A motion was made by Commissioner Smith and seconded by Commissioner
Barker to Grant Preliminary approval as amended in accordance with plans
entitled "MINOR SUBDIVISION OF LAND A/P 7 LOT 8, Jamestown Rhode Island;
DIVISION OF LAND; Owner/Applicant Vincent Pera, 50 Seaview Avenue,
Jamestown, Rhode Island; prepared by Commonwealth Engineers and
Consultants, Inc., 260 West Exchange Street, Providence, RI  02903,
401-273-6600; dated revised 4-24-98 based on the following Findings of
Fact and subject to the following Conditions of Approval:

A.   Findings of Fact - Vincent Pera
The Commission makes the following findings:
1. The subdivision is consistent with the requirements of the Jamestown
Comprehensive Plan:
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;
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;
6. All subdivision lots have adequate and permanent physical access to a
public street, namely, Penny Road and/or Coulter Street;
7. The subdivision provides for a suitable building site that contributes
to the attractiveness of the community;
8. The design and location of building lots in the subdivision minimize
flooding and soil erosion.
      The proposed house is located more than 200 feet from the Coastal
Feature and is not within the A8 flood zone as shown on the Jamestown
Flood Insurance Rate Map.
      The applicant is not proposing any clearing of vegetation from the
house to the water and therefore this will reduce potential soil erosion
into the water;
9. Prior to final approval the applicant must prove that the new lot in
the subdivision has access to sufficient potable water for the intended
use.

B.   Conditions of Approval - Vincent Pera
1. The approval is for a total of 2 lots; one lot has an existing house;
2. 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 paid prior to recording of the final plan.
3. Monuments shall be placed at all corner points at the new property
line; 
4. The Coastal Resource Management Council shall be notified for any
future clearing of vegetation within the 200 foot jurisdictional limit of
the CRMC;
5. This approval shall be recorded with the Town Clerk contemporaneously
with the Final Plat; and,
6. This approval shall expire one year from the date of approval by the
Planning Commission.
7. That the plan show the existing ISDS on abutting lot 67 and be noted on
plan;
8. That there will be no further subdivision of lot 67 as agreed by the
applicant, and;
9. That the applicant agrees to remove the addition to the existing garage
to restore appropriate set back for Assessor's Plat 7, Lot 8 as shown on
the plan, in order to comply with the Zoning sideyard setback. 

So voted:
Betty Hubbard - Aye       Michael Smith - Aye
Gary Girard - Aye         Rob Lambert - Aye
Mary Brennan- Aye         Dennis Webster - Aye
Sue Barker - Aye
Motion carries by a vote of 7-0

4.   Cajacet Farms - Preliminary Decision
A motion was made by Commissioner Webster and seconded by Commissioner
Girard to grant Waivers from the Subdivision and Land Development
Regulations 
Cajacet Farms Subdivision
The Planning Commission agrees to grant the following waivers to the
Preliminary Plan that was approved on May 7, 1997:
1. The subdivider shall not be required to pay the fee-in-lieu-of land
dedication fee as required in Article IIID of the Jamestown Subdivision
Regulations;

Findings of Fact for Granting Waivers - Cajacet Farms Subdivision
In Support of the waivers, the Commission makes the following findings of
fact:

1.  The subdivider has volunteered to limit further subdivision on the
subdivision 
 parcel to no more than 2 additional lots on lot 2 consisting of 48 acres
by deed 
 restriction;
2.  For the reason stated above, 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.
So voted:
Betty Hubbard - Aye       Michael Smith - Aye
Gary Girard - Aye         Rob Lambert - Aye
Mary Brennan- Aye         Dennis Webster - Aye
Sue Barker - Aye
Motion carries by a vote of 7-0

VI.  New Business
1.  Comprehensive Plan - Update Discussion
The Planner reported that she has received almost 33% of the survey's
back. 

The Planner also reported that the Town went before the House Corporations
Committee today for the proposed Land Bank legislation.
      She stated that she and a group of others went to testify regarding
the Land Bank legislation for the Town.

Commissioner Hubbard stated that the Nominating Committee will consist of
Commissioner Waters and Commissioner Barker.
      Anyone wishing to be nominated to hold a seat as Chair, Vice Chair
or Secretary for the Planning Commission should contact them.
      A vote to hold these positions will be taken at the next Planning
meeting in June.

The Planning Commission meeting was adjourned at 10:53 pm

Attest:

Kimberly Turcone
Recording Secretary