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

The meeting was called to order at 7:35 pm and the following were present:
Betty Hubbard       Richard Waters
Gary Girard         Mary Brennan
Arthur Milot        Dennis Webster
Michael Smith       Sue Barker

Also present: Lisa Bryer, AICP - Town Planner
     Kimberly Turcone - Recording Secretary

I.  Reading and Approval of Minutes from July 1, 1998
A motion was made by Commissioner Webster and seconded by Commissioner
Girard to amend page 2; Section V #2 amend the motion to include "All the
following motions pertain to Uses Table 3-1, Section VI, F1."  So voted:
Betty Hubbard  - Aye         Richard Waters  - Aye
Gary Girard - Aye         Mary Brennan - Abstain
Arthur Milot - Aye        Dennis Webster - Aye
Michael Smith - Aye       Sue Barker - Aye
Motion carries by a vote of 7-0

A motion was made by Commissioner Webster and seconded by Commissioner
Smith to amend page 3, Section V last motion (on page) to add "...in the
planner's hands for a recommendation." 
So voted;
Betty Hubbard  - Aye         Richard Waters  - Aye
Gary Girard - Aye         Mary Brennan - Abstain
Arthur Milot - Aye        Dennis Webster - Aye
Michael Smith - Aye       Sue Barker - Aye
Motion carries by a vote of 7-0

A motion was made by Commissioner Girard and seconded by Commissioner
Barker to approve the minutes as amended and to omit Commissioner Smith on
page 1 of the attendance list.  So voted:
Betty Hubbard  - Aye         Richard Waters  - Aye
Gary Girard - Aye         Mary Brennan - Abstain
Arthur Milot - Aye        Dennis Webster - Aye
Michael Smith - Aye       Sue Barker - Aye
Motion carries by a vote of 7-0
 
II.  Correspondence 
1.  CRMC FINDING NO SIGNIFICANT IMPACT to Rocco & Kathryn Marzilli, 255
Seaside Dr. RE: c/m a deck 28' x 30' & assoc. stairs located at 255
Seaside Dr., Plat 15, Lot 200.  Received & Acknowledged 
2.  CRMC FINDING NO SIGNIFICANT IMPACT to Regina Gagne, 14 Seaview Dr.,
RE: repair existing seawall with mortar located at 14 Seaview Dr., Plat 7,
Lot 135. Received & Acknowledged
3.  CRMC CEASE & DESIST ORDER to Ronald & Lorraine Lewis, 139 Seaside Dr.,
RE: for undertaking cutting of vegetation on a coastal bank and dumping
brush on a coastal beach at 139 Seaside Dr., Plat 5, Lot 505. Received &
Acknowledged
4.  CRMC FINDING NO SIGNIFICANT IMPACT to Clarice Jones, Amherst, NH RE:
repair existing stairs and flashing around chimney located at 7 Hull Cove
St., Plat 12, Lot 49. Received & Acknowledged
5.  CRMC to Frances Clarke RE: Maintenance Certification
M98-4-63-Construct maintenance repairs to an existing commercial pier by
reconstructing the flared end of the fixed pier and install 4 float
restraint piles to support the existing 10' x 40' float.
      Located at Plat 9, Lot 328; 110 Racquet Rd.  Received & Acknowledged
6.  CRMC RESIDENTIAL ASSENT to Stephen Evangelista of 29 Decatur Avenue to
construct landscape improvements within 200 feet of a coastal feature
located at 368 East Shore Road, Plat 4, Lot 33. Received & Acknowledged
7.  DEM to RIDOT RE: Insignificant Alteration Permit to the length of
Southwest Avenue/Beavertail Road extending from Battery Lane to
Narragansett Avenue and including Spring Street, Jamestown.
     Received & Acknowledged
8.  CRMC to The Seaside Trust, c/o 437 Seaside Drive RE: assent to
construct and maintain a residential boating facility to consist of a 4' x
122.5' fixed timber pier, a 3' x 20' ramp, and a 150 sf float.  The
terminus of the dock and the float will extend to 50-feet beyond mean low
water; located at Plat 3, Lot 126. Received & Acknowledged
9.  FYI - Zoning Board Agenda for July 28th.  Commission asked the Clerk
to send them a copy of the agenda.

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 Commission - Commissioner Webster reported that the fishermen (who
park along East Ferry wharf) spoke against the parking tickets they have
been receiving at the last Harbor meeting and requested designated parking
spaces.  

Parking Committee - Commissioner Girard added to Commissioner Webster's
statement that they have been trying to help the fishermen out by
suggesting alternative parking solutions.
      The Town Planner added that a parking monitor has been hired by the
Police Department.
      She also added that the Town Council directed the Solicitor to look
into the parking problem for the fishermen.  

Commissioner Webster reported that he saw 15 cars parked at Taylor Point
on July 4th at 10:30 am and a shuttle van was in operation.
      The Planner stated that people using the marina can also park behind
Moll's Garage (currently owned by CMS) and on the weekends the lot is
always full.

The Commission discussed the stairs that lead to the water at Taylor's
Point (Potter's Cove) and parking on the street at the location.
      They asked the Planner to look into who has the authority to improve
the stairs. 

Highway Barn Committee - Commissioner Brennan stated that the Committee
will meet again later this month.

V.  Old Business
1.  Zoning and Other Amendments Continued Discussion
The Town Planner discussed the Town Council's recommendations pertaining
to OS I & II.

A motion was made by Commissioner Webster and seconded by Commissioner
Barker that the table showing the proposed changes to the official zoning
map be changed from Golf Course Plat 8/Lot 620 OS I to read "Marsh Meadows
Sanctuary Plat 8/Lot 620 OS I".  So voted:
Betty Hubbard  - Aye         Richard Waters  - Aye
Gary Girard - Aye         Mary Brennan - Aye
Arthur Milot - Aye        Dennis Webster - Aye
Michael Smith - Abstain      Sue Barker - Aye
Motion carries by a vote of 7-0

A motion was made by Commissioner Webster and seconded by Commissioner
Smith to add another line to OS I & II changes table to the existing
zoning map to read "Transfer Station/Town Landfill Property Plat 2/Lot 47
& 51; OS II".  So voted:
Betty Hubbard  - Aye         Richard Waters  - Nay
Gary Girard - Aye         Mary Brennan - Aye
Arthur Milot - Aye        Dennis Webster - Aye
Michael Smith - Aye       Sue Barker - Nay
Motion carries by a vote of 6-2

Commissioner Hubbard asked the Planner to add language to OS I & II and
state that it is the intent of the Commission to go forward as soon as
possible to change this and other designations to an institutional zone.
      She also asked that the Planner mail out OS I & II to the Commission
so they can okay it over the phone with the Clerk so it can then go to the
Town Council. 

The Planning Commission discussed an ordinance against renting personal
mopeds and watercrafts.

A motion was made by Commissioner Hubbard and seconded by Commissioner
Webster to accept the definitions as written by the Town Planner in her
report.  The definitions are as follows:
  Personal Watercraft: shall mean a vessel which uses an inboard motor
powering 
  a water jet pump as its primary source of motive power and which is
designed to be 
operated by a person sitting, standing or kneeling on the vessel, rather
than the
conventional method of sitting or standing inside the vessel.

Moped: or Motorized Bicycles - Two-wheel vehicles which may be propelled
by
human power and/or helper power, or by both, with a motor rated not more
than
1.5  brake horsepower or 2 (S.A.E.*) horsepower which is capable of a
maximum 
speed of not more than thirty (30) miles per hour.
     *Society of Automotive Engineers

The Planning Commission agreed with the recommendation that Table 3-1
VI.  Under D. Motor Vehicles of the Zoning Ordinance be amended by 
listing Moped, Motorized Bicycles, Rental - Not Permitted, and Personal
Watercraft, Rental - Not Permitted.

So voted:
Betty Hubbard  - Aye         Richard Waters  - Aye
Gary Girard - Aye         Mary Brennan - Aye
Arthur Milot - Aye        Dennis Webster - Aye
Michael Smith - Aye       Sue Barker - Aye
Motion carries by a vote of 8-0

The Commission discussed the R-8 Dimensional Regulations and decided to
rescind the recommendation to the Town Council that it go back to a 30
foot setback and leave it at 15ft.

A motion was made by Commissioner Hubbard and seconded by Commissioner
Milot to adopt Article 6, Section 609 - Modifications Granted by Building
Official to include:
ARTICLE 6, Section 609 - Modifications Granted by Building Official

The Zoning Enforcement Officer shall be permitted to grant modification or
adjustment from the literal dimensional requirements of the Zoning
Ordinance listed in Article 3, up to twenty-five percent (25%).
1.  A modification shall not include, moving of lot lines, lot area,
building height (principal
      only), lot frontage (or modifications to existing nonconforming
dimensions) as specified in   
      Article 3 of this Ordinance. 

2.  Within 10 days of the receipt of a request for modification, the
zoning enforcement officer 
       shall make a decision as to the suitability of the requested
modification based on the
       following determinations:

  (a) The modification requested is reasonably necessary for the full
enjoyment of             the permitted use;
  
(b)  If the modification is granted, neighboring property will neither be
substantially injured nor its appropriate use substantially impaired;
  
(c)  The modification requested is in harmony with the purposes and intent
of the
      comprehensive plan and zoning ordinance;
  
(d)  The modification requested does not require a variance of a flood
hazard 
      requirement.
  
3.  Upon an affirmative determination, the zoning enforcement officer
shall notify, by registered or
      certified mail, all property owners abutting the property which is
the subject of the modification 
      request, and shall publish in a newspaper of general circulation
that the modification will be 
      granted unless written objection is received within thirty (30) days
of the public notice.
 
4.  If written objection is received, the request for a modification shall
be denied.  In that case the
      changes requested will then be considered a request for a variance.
      The applicant shall then 
      choose whether to pursue the variance.
      A variance may only be issued by the zoning board of
      review following the standard procedures for variances. 

5.  If no written objections are received within thirty (30) days, the
zoning enforcement officer shall
     grant the modification.
      The zoning enforcement officer may apply special conditions to the 
     permit as may, in the opinion of the officer, be required to conform
to the intent and purposes of 
     the zoning ordinance.

6.  Costs of any notice or advertising required under this section shall
be borne by the applicant.
So voted:
Betty Hubbard  - Aye         Richard Waters  - Aye
Gary Girard - Aye         Mary Brennan - Aye
Arthur Milot - Aye        Dennis Webster - Aye
Michael Smith - Aye       Sue Barker - Aye
Motion carries by a vote of 8-0

Commissioner Hubbard asked the Commission to bring Aquaculture and East
Ferry Parking material for discussion at the next meeting.

VI.  New Business
1.  State of RI - Act Relating to Rural Development Council
Commission discussed

2.  CRMC Right of Ways Designation
Commission did not have a problem with the newly designated ROW's.

Meeting adjourned at 10:08 pm.

Attest:

Kimberly Turcone
Recording Secretary

This meeting was recorded on 2 micro cassettes