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

PLANNING COMMISSION MINUTES
December 16, 1998
7:30 PM
 Library (large meeting room)

The meeting was called to order at 7:37 pm and the following members were
present:
Betty Hubbard       Michael Smith
Gary Girard         Rob Lambert
Arthur Milot        Dennis Webster
Mary Brennan        Sue Barker

Also present: Craig Amerigian, Town Council President
     David Dolce (late arrival), Town Council
     William Murphy, Town Council
     Ellicott Wright, Town Council
     Chris Powell, Conservation Commission
     Mary Hutchison, Conservation Commission
     Tony Faria, Conservation Commission
     Bob Kinder, Conservation Commission
     Richard Tyre, Conservation Commission
     Grace Mariorenzo, Conservation Commission
     Larry Mouradjian, DEM Parks & Recreation Director 
     Bob Sutton, Chief of DEM Planning & Development
     Maryanne Crawford, Town Administrator
     Quentin Anthony, Town Solicitor
     Lisa Bryer, Town Planner
     Kimberly Turcone, Recording Secretary  

I.  Reading and Approval of Minutes from December 2, 1998
A motion was made by Commissioner Smith and seconded by Commissioner
Barker to approve the minutes from December 2nd as written.  So voted:
Betty Hubbard  - Aye         Michael Smith - Aye
Gary Girard - Abstain        Rob Lambert - Aye
Arthur Milot - Aye        Dennis Webster - Aye
Mary Brennan - Aye        Sue Barker - Aye
Motion carried by a vote of 7-0

II.  Correspondence 
1.  FYI - Zoning Commission Agenda for December 15, 1998  Received &
Acknowledged
2.  FYI - To the Planning Commission from Commissioner Brennan RE: Exerts
from the Planning textbook "Spaces"  Received & Acknowledged

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

IV.  Reports
a.  Town Planner's Submitted Report
b.  Town Committees
 Quonset/Davisville Committee - Commissioner Webster reported that there
will be a  
  public workshop in February.  
c.  Sub Committees
 Cellular Phone Tower Committee - Commissioner Webster reported that he
and 
 Commissioner Barker are in contact with URI for some advice.
      The Chair stated she
 would provide the committee with some information also.
 
V.  Old Business
a.  Proposed Open Space I & II Zoning Amendment discussion -
  Town Council & Conservation Commission invited
The Chair welcomed everyone to the workshop and asked that comments would
not be welcome from the floor during the meeting to ensure all invited had
a chance to speak.
      She asked that all concerns be addressed in writing and those
letters would be taken up at another meeting.
      The Chair stated that she would like to go around the table and hear
the concerns from the Town Council, Planning Commission, Conservation
Commission and DEM.

Town Solicitor, Quentin Anthony stated he would advise as everyone
discussed.

Town Administrator, Maryanne Crawford stated that she would defer to the
Council.

Councilman Wright stated that he would like to comment on the discussion
as it develops.
      He suggested putting the State parks (Beavertail and Ft. Wetherill)
into a separate category.
      He also suggested that the Beavertail Committee work with DEM on a
suggested recommendation.  

Councilman Amerigian stated that OS II is too diverse and has concerns
about residential properties that are added.  He also stated that he was
worried about creating a landbank with public money and then having those
properties going into OS II.
      He suggested going back to the drawing board and creating an
institutional zone. 

Councilman Murphy stated he felt it was prudent to go back to the drawing
board to create an institutional zone.
      He also agreed that the State property should be addressed
separately.
      He was concerned that the right of ways in the Shores area need to
allow for parking.

Planning Commission:
Arthur Milot stated that the public comments given at the hearing echoed
his thoughts.
      OS I is clear in its terms of a definition but OS II needs a new
name and some change has to be made.

Dennis Webster stated that there may be a problem with the idea of an
institutional zone especially with the schools and sewer plant.
      Also, will there have to be a zoning change when land is expanded?  

Mary Brennan stated that the Town cannot find a perfect zone for every use
on the island.
      Jamestown may need an institutional zone but it will take a long
time.

Gary Girard stated that OS I should remain as it is and may need to tweak
some properties in it.
      OS II needs major changes because what is done with OS II dictates
what will be done with a municipal zone.

Sue Barker stated the OS I is okay and that the Town will open up a can of
worms no matter what we do.

Rob Lambert stated that he supported an institutional zone but admitted it
would be hard placing all institutional uses in it and would become spot
zoning.  We may need to redefine the uses in OS I & II.

Mike Smith stated that the Transfer Station lot should be taken off the
table and a lot of opposition would go away.
      The Town Council needs to give guidance to the Town regarding the
size of the Highway Barn and their intention with using the Transfer
Station.
       It (Transfer Station) does not fit the definition of OS I & II.
      OS I & II should be called Active OS and Passive OS.
      He also stated that he was against an institutional zone because it
puts too many uses in a zone and would cause spot zoning.
      Also, Right of Ways should not be listed in the Zoning Ordinance.

Conservation Commission:
Tony Faria stated that he had no specific recommendations and the it was
obvious that OS I & II needed further clarification.

Mary Hutchinson stated that she felt very positive and that she does not
want OS to become the dumping ground for parking and institutional uses.
      OS I should stay tight but OS II need tweaking.
      The Conanicut Battery sight should fall under OS I.  She also stated
that she supported a public purpose zone like they have in Australia.

Bob Kinder stated that the Town should keep it simple.

Richard Tyre stated that he would like to pass at this time.

Grace Mariorenzo stated that she felt personal issues are getting in the
way.  She also suggested that the Zoning Board hear the issue by special
exception.

The Town Solicitor stated that the Town Council does not have the right to
rezone Town owed property at their own whim.
      The government property has sovereign immunity for public purpose
uses.

Betty Hubbard stated that any zone change has to go to a public hearing
and the Town Solicitor agreed with her.

Larry Mouradjian from DEM stated his concern was the Town's legal
authority to zone State property.
      OS I & II definitions are not consistent with the uses that already
exist at Beavertail and Ft. Wetherill.  

The Town Solicitor stated that all Towns zone State land and he would
advise Jamestown to do the same.
      He also stated that the State enjoys sovereignty and that the
State's interest is to continue to conduct a meaningful park service -
it's the law of the land.

Bob Sutton of DEM stated that he agreed with Mike Smith, that OS is
confusing.
      OS has taken on some meaning inconsistent with the definition the
Town is presenting.
      A land fill is not open space as recognized by a DEM grant.
      Another problem is that all protected land should be zoned
especially land that was given by the Federal Government which already
have deed restrictions.
      Almost 100% of protected land has some State or private deed
restriction to it.
      The problem comes when State land is controlled by Town zoning.

The Town Solicitor stated that there is a problem with putting zoning
privately owned land in an Open Space zone and that the only town in RI
that recognizes consensual zoning is Barrington.

Mike Smith asked what if a private organization sells off a parcel of
land?  The Town Solicitor stated that the property is usually subject to
restrictions too and that the restrictions go with the sale of that
parcel.  

Chris Powell stated that the State has swapped land in the past and asked
if the Town can do that with a deed restricted parcel of land.  

Bob Sutton stated that the State opposed the swap and that the State has
never done such a thing in the past.
      The Nature Conservancy owned the development rights and to take
those rights away would require a public hearings by Town and State.
      It is not something that is easily done.
      Zoning is controlling the use of privately owned land and the Town
is trying to control public land - you're in conflict with yourself.
      The State has no authority to sell Ft. Wetherill or Beavertail.

Betty Hubbard stated that the State Office of Planning said to zone every
parcel of land and that the Planning Commission placed the State land
where they thought appropriate.

Bob Sutton stated that the Town can not restrict the uses of State
property.  The State can not ignore the Federal government's deed of land.

The Town Solicitor stated that the State land is zoned all the time in
other cities and towns.
      He suggested the Town sit down with DEM and come to some solution.
      He also added that the real issue is that DEM wants to continue to
do what they are doing (and not become non-conforming).

Mary Hutchinson stated that Beavertail and Ft. Wetherill are already zoned
OS.

Chris Powell stated that the original intent of this document was more
consistent with what the public wanted.  The previous Council changed the
uses of the zones.

Betty Hubbard asked if DEM would like to sit down and work out the details
and Bob Sutton agreed.

(Councilman Dolce arrives at 9:00 pm)

Councilman Amerigian stated he did not want to see restrooms in OS II.  

Chris Powell stated that the uses have to be consistent with the
definitions and that right now they're not.

Betty Hubbard stated that she would like to pull out the problem
properties and deal with them at a later time. 

Rob Lambert stated that you'll then eliminate OS and that just the
Transfer Station should be pulled out.

Bob Sutton stated that the Town should recognize private easements that
was purchased with  public funding.  

Betty Hubbard stated that the Water treatment Plant appears to be an
unintentional omission for OS.

Mike Smith stated that the local farmers did not want their land to be
rezoned.  

Bob Sutton stated that the Town has an obligation to protect that land and
that public funds went to protect it (Watson Farm, a portion of Hodgekiss
Farm, Arruda property and a portion of Egan property).
      Any land that the public purchased the development rights too (or
portion of land) should be protected. 

Chris Powell asked if it was acceptable to the Town Council for the
Planning and Conservation Commissions to come together and bring the
document back to the Council.

Councilman Amerigian stated that he does not want the whole document back,
just memos regarding the changes.

Betty Hubbard asked if everyone could meet for the second meeting in
January.
      Councilman Wright asked if the first meeting in February was better.
      The Town Solicitor stated that the public hearing was continued for
February 1st and that it was okay to continue the hearing again.

Councilman Murphy stated that the Council has the Town Budget to focus on.
      Betty Hubbard stated that she would see how far everyone gets by the
second meeting in January.  

At 9:56 pm Betty Hubbard closed the work session.

VI.  New Business
With no New Business meeting adjourned.

Attest:

Kimberly Turcone
Recording Secretary