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

PLANNING COMMISSION MINUTES
April 7, 1999
7:30 PM
 Town Hall

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

Also present: Lisa Bryer, AICP - Town Planner
     Kimberly Turcone - Recording Secretary
     Warren Hall - Town Engineer
     Steve Froberg
     Wesley Grant III - Froberg Subdivision
     Mr. & Mrs. John Bernardo - Froberg Subdivision Abutter
     Chris Debethune - Froberg Subdivision Abutter
     Prescott Froberg - Froberg Subdivision Abutter
     Norma Albarlucea - Froberg Subdivision Abutter
     George Gifford - Mackerel Cove Heights
     Robert Angilly - Mackerel Cove Heights
     John Murphy - Mackerel Cove Heights
     Jeremy Sherer - Mackerel Cove Heights
     Tom Greig - Mackerel Cove Heights Abutter
     Ted Smayda - Mackerel Cove Heights Abutter
     Val Kinnaman - Mackerel Cove Heights Abutter
     James Quattrocchi - Mackerel Cove Heights Abutter
     John Mulligan - Mulligan Subdivision
     Robert Cournoyer - Mulligan Subdivision
     Mary Levesque - Mulligan Subdivision

I.  Reading and Approval of Minutes from March 17, 1999
A motion was made by Commissioner Brennan and seconded by Commissioner
Girard to approve the minutes from March 17th as amended.  The amendment
are:
  page 2 - Section IV, (b) add "Zoning Amendments" after Open Space in the
first paragraph(c) change the word "resent" to "recent"
  page 5 - Section V, 3rd paragraph, change "Preservation Advisory Board"
to  
                                                "Restoration Advisory
Board"
So voted:
Betty Hubbard  - Aye      Mary Brennan - Aye
Gary Girard - Aye            Rob Lambert - Aye
Arthur Milot - Aye        Dennis Webster - Aye
Michael Smith  - Abstain     Nancy Logan - Abstain
Motion carries by a vote of 6-0

II.  Correspondence 
1.  FYI: Copy of a letter to the Planning Chair from the Town Clerk RE:
New Planning Commission Member.  Received & Acknowledged
2.  FYI: Copy of Zoning Board Agenda: April 27, 1999.  The Chair requested
that the Planner send the Building Official a draft of the proposed motion
regarding accessory structures.
3.  CRMC Residential Assent to Gertrude Abrahamson, Charles Sugalski,
Dorothy Denoncour & Barbara Szpotowski, 455 Seaside Drive, Jamestown to
construct an (attached) garage addition to an existing single family
dwelling.
      Also, install a permeable driveway, located at 455 Seaside Drive,
Plat 3/Lot 124.  Received & Acknowledged
4.  CRMC Finding No Significant Impact to the Town of Jamestown RE:
repairing existing sidewalk located at East Ferry Wharf, Plat 9/Lot 355.
      Received & Acknowledged
5.  CRMC Residential Assent to David & Sally Ryan, 101 Melrose Avenue,
Jamestown to construct a 3 story (24' x 48') attached garage addition with
an "L" shaped breeze-way to the existing 4 bedroom single family dwelling,
located at 101 Melrose Avenue, Plat 8/Lot 30.  Received & Acknowledged
6.  FYI: copy of Memo to the Zoning Board from the Town Planner RE:
Conanicut Marina Development Plan Review.   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 Port Committee - Commissioner Webster reported that the
Stakeholders have concluded their business and the final principle report
was sent to the Governor.

Parking Committee - Commissioner Girard reported that the final draft for
right-of-ways was forwarded to the Town Council.

Ft. Wetherill Committee - The Town Planner reported that there will be a
meeting to discuss a draft agreement between the State and Town.

c.  Sub Committees - With nothing at this time move onto Old Business

V.  Old Business
1.  Froberg Subdivision - Preliminary Hearing: Decision
The Chair stated that the applicant has requested three waivers.
      Since waivers cannot be granted to minor subdivisions, the Planning
Commission will need to formally reassign  the application to major review
status.  The three waivers are:
A.  Article XIII B. 8 Cul-de-sacs as shown in Appendix B.2 (The Planning
Commission approved the use of a hammerhead cul-de-sac design)
B.  Article XIII road surface treatment (The Planning Commission approved
the use of gravel in lieu of pavement)
C.  Provide an offset of the road surface in order to preserve the
existing significant pine tree within the right-of-way

A motion was made by Commissioner Webster and seconded by Commissioner
Girard to formally reassign the Froberg's application to major review
status and vote to combine Master Plan and Preliminary review and to
utilize the minor subdivision checklist.  So voted:
Betty Hubbard  - Aye         Mary Brennan - Aye
Gary Girard - Aye         Rob Lambert - Aye
Arthur Milot - Aye        Dennis Webster - Aye
Michael Smith  - Aye         Nancy Logan - Aye
Motion carries by a vote of 8-0

Wesley Grant, III explained the proposed subdivision including drainage
and waivers on Spanker Street.
      After some discussion with the Planning Commission the public
meeting was opened.

Mr. & Mrs. Bernardo, 2 Spanker Street - Thanked Mr. Froberg for coming to
his home and explaining what was proposed but has several questions.
      How far from my property will the hammerhead design be and can we
have some type of buffer zone?  Will there be any drainage or lighting in
front of my property?

Wesley Grant, III - approximately 10 feet but with the buffer, about 20
feet.
      There will    not be any type of lighting and the water will be
swaled into a swale pond.

The Town Planner stated that the Public Works Department has seen the
plans for a swale pond and they don not see a problem with it.

Mr. Bernardo also asked if Schooner or Sail Street could be accessed
instead of Spanker.
      Mr. Grant stated that the property fronts only Spanker Street.  Mr.
Bernardo then asked if the Froberg's would consider limiting the
subdivision to only 2 parcels to curb development in the area.
      The Chair stated that it is a condition of approval.

Chris Debethune, Frigate Street - Had questions regarding the buffer zone
and drainage concerned regarding the leach field.

Mr. Grant stated that the gravel driveway will help with drainage. 
Regarding the leach field, Lot #1 will not be built upon for a couple of
years and the leach field will be an approved design from the State.

Prescott Froberg, North Road - Stated he was supportive with what his
brother was doing with the land.

A motion was made by Commissioner Hubbard and seconded by Commissioner
Girard
FROBERG DIVISION - Spanker Street
  To Grant Master Plan/Preliminary approval in accordance with plans
entitled "PRELIMINARY MINOR SUBDIVISION, FROBERG DIVISION, in the Town of
Jamestown, R.I., Map 15, Lot 349; Owner/Applicant Steve Froberg, 53
Schooner Avenue, Jamestown, R.I. 02835; prepared by Environmental Planning
& Surveying, Inc., 52 Dugway Bridge road, West Kingston, Rhode Island
02892 (401) 789-3628; dated revised 3/25/99 based on the following
Findings of Fact and subject to the following Conditions of Approval:

A.   Findings of Fact 
The Board 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, Spanker Street;
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 streets, building lots, utilities, drainage
improvements, and other improvements in the subdivision minimize flooding
and soil erosion;
9. All lots in the subdivision have access to sufficient potable water for
the intended use.

B.   Waivers from the Subdivision and Land Development Regulations
  The Planning Board agrees to grant the following waivers:
1. The subdivider shall not be required to construct the cul-de-sac and
street as required in Article XIII and shall be permitted to:
a. Construct a hammerhead cul-de-sac;
b. Utilize gravel instead of pavement; and
c. Offset the gravel surface within the right-of-way as shown on the plan
to preserve the existing pine tree.

C.   Findings of Fact for Granting Waivers
  In Support of the waivers, the Board makes the following findings of
fact:
1. The proposed cul-de-sac is appropriate given the number of lots served
and the accommodations necessary for emergency vehicles;
2. The Planning Commission is in favor of preserving significant trees
whenever possible;
3. For the reasons stated above, the request for "Waivers" to the
Subdivision Regulations is reasonable and within the general purposes and
intents of the Subdivision Regulations; and,
4. 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.

D. Conditions of Approval

1. The approval is for a total of 2 lots;
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 both corner points at the new property
line; 
4. The road right-of-way is a public right-of-way
5. The road shall be privately maintained by the property owners until
such time as it is paved to town specifications and approved by the
Director of Public Works;
6. The applicant shall drill one well prior to final approval of this plat
which meets the requirements of A.9. above;
7. This approval shall be recorded with the Town Clerk contemporaneously
with the Final Plat; and,
8. This approval shall expire one year from the date of approval by the
Planning Commission.

2.  Mackerel Cove Heights - Preliminary Hearing: Decision
George Gifford reviewed the proposed plans and Robert Angilly addressed
drainage concerns.

The Chair opened the meeting up to the public.

Tom Greig, 83 Hamilton Avenue - The Conservation Commission enforces
conservation easements and I would like to see the planting that was taken
out of the Open Space area put back in.
      Does the Planning Commission have power over establishing a building
envelope?  I would also like to know the maximum house size, housing
lighting maximum and will a bond be established for the stone wall.
      I hope the stones from the wall won't start to disappear.

Ted Smayda, Highland Drive - I have concerns for the drainage of
individual homes.
      What is the bedroom limit for the houses?  My concern is the
calculations for the drainage because of the deforestation that will occur
due to run-off.

Mr. Angilly addressed the drainage concerns for the public and explained
that the calculations that done exceed the required regulations.

Mr. Smayda stated that he did not like the walking path.  He also asked
why the developers would put trees on the road and not back into the open
space area.

Val Kinnaman, Hamilton Avenue - What will be done with the tenth lot on
Hamilton Avenue?

The Chair explained that Mr. Quattrocchi did not incorporate that lot into
the subdivision and still owns it.
      Mr. Quattrocchi explained his reason for selling the property to
Bluestone, Inc.

The Planning Commission discussed the public's concerns and a motion was
made by Commissioner Smith and seconded by Commissioner Lambert to:
MACKEREL COVE HEIGHTS SUBDIVISION - Hamilton Avenue
  To grant Preliminary approval in accordance with plans entitled:
* "MACKEREL COVE HEIGHTS A.P. 9 Lot 529; Owner/Applicants Bluestone, Inc.;
150 Chestnut St., Providence, RI; prepared by David M. Garrigan P.L.S., 11
Deerbrook Way, Cumberland, Rhode Island, 401-658-2074; dated revised March
19, 1999 Sheets 1, 2, 7, 8;
* Mackerel Cove Heights; Assessor's Plat 9 Lot 529, Jamestown, RI;
prepared by Criterium-Angilly Engineers, East Greenwich, R.I.; Sheet 3
Plan and Profile dated revised 2-18-99, Sheet 4 Drainage & Curb Cut
Details dated revised Mar.
     1999, Sheet 5 Sewerage & Miscellaneous Details dated revised March
1999, and;
* Mackerel Cove Heights Jamestown, RI; prepared by Eastern Utilities EUA
Service, Engineering Department; Sheet 6 dated 1-22-99
based on the following Findings of Fact and subject to the following
Conditions of Approval:

A.   Findings of Fact
The Board 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.
      Plat 9 Lot 529 is subject to a Consent Judgment by the Superior
Court  of Newport, State of RI for connection to the Municipal Sewer
system.
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;
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 streets, building lots, utilities, drainage
improvements, and other improvements in the subdivision minimize flooding
and soil erosion;
9. 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.;
10. All lots in the subdivision have access to sufficient potable water
for the intended use.
     Plat 9 Lot 529 is subject to a Consent Judgment by the Superior Court
 of Newport, State of RI for connection to the Municipal Water system.

B Conditions of Approval 
1. The approval is for a total of 9 lots; 
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 with the
Town Clerk of the Town of Jamestown.
3. The applicant/subdivider shall pay all fees referenced in the Second
Amended Consent Judgment prior to the recording of the Final Plat for
Mackerel Cove Heights with the Town Clerk of the Town of Jamestown;
4. The following documents shall be recorded contemporaneously with the
Final Plat at the office of the Town Clerk of the Town of Jamestown:
a.  Mackerel Cove Heights, Conditions and Restrictions;
b.  Mackerel Cove Heights Home Owners Association By-Laws;
c.  Mackerel Cove Heights Open Space Management Plan;
d.  A Conservation or Preservation restriction in favor of the Town of
Jamestown over the Open Space pursuant to Title 34, Chapter 39 of the
Rhode Island General laws;
e.  A Sewer Easement in favor of the Town of Jamestown over Lot 3;
f.  A Drainage Easement in favor of the Town of Jamestown over Lot 8;

5.   The sidewalk, as shown on Sheet 7, shall be concrete;
6.   The use of the stump dump, as shown on Sheet 7, is restricted to
construction of
   the road and utility for initial construction only.
      The stump dump should be
  capped by the time the road is completed;
7.   The final plat shall include a "separate listing, in or attached to
the legend on   the plan of all streets and roads on which the subject
property abuts" as required  by Section 34-13-1 (14) of the General Laws
of Rhode Island;
8.   The applicant shall have secured an Underground Injection Control
permit   from RIDEM prior to final approval;
9.   Lots 6-8 may need separate pumps to connect to the gravity sewer
system.
       These pumps will be on private property and will be privately
maintained by the  homeowner;
10.  There shall be no communal mailbox located within Mackerel Cove
Heights;
11.  Bonds should be set to provide for maintenance for all plantings the
applicant   has been required to plant for 2 years of acceptance of the
road from the Town   of Jamestown;
12.  This approval shall be recorded with the Town Clerk contemporaneously
with    the Final Plat; 
13.  This approval shall expire one year from the date of approval by the
Planning    Commission;
14.        The Town solicitor and the Planning Commission shall review the
Sewer
      Easement, Drainage Easement, and Conservation Easement received
April 6,
      1999; and,
15.  The Conservation Easement is in a form acceptable to the Town
Council.

So voted:
Betty Hubbard  - Aye      Mary Brennan - Aye
Gary Girard - Aye            Rob Lambert - Aye
Arthur Milot - Aye        Dennis Webster - Aye
Michael Smith  - Aye      Nancy Logan - Aye
Motion carries by a vote of 8-0

VI.  New Business
1.  Mulligan Subdivision - Sail Street Assessor's Plat 14/Lots 362 & 395:
Preliminary Review/Recommendation to the Zoning Board
The Planning Commission listened to a brief overview given by Robert
Counoyer and Mary Levesque.
      The Planning Commission discussed the proposed subdivision and a
motion was made by Commissioner Smith and seconded by Commissioner Milot 
Mulligan Plat - Sail Street
  To Grant Conditional Preliminary Approval in accordance with plans
entitled "MULLIGAN PLAT, Assessors Plat 14, Lots 362 & 295, Sail Street,
Jamestown, Rhode Island; Owner/Applicant Plat 14 Lot 362, James A.
Mulligan, Plat 14 Lot 395, John H. Mulligan, Jr.; prepared by RC Cournoyer
Enterprises, Inc., 297 Cowesett Avenue, Suite 7, West Warwick, RI 02893,
(401) 826-8811.; dated revised 3-30-99 based on the following Findings of
Fact and subject to the following Conditions of Approval:

A.   Findings of Fact 
The Board 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;  Both houses
and ISDS systems are in existence and are not proposed to be relocated as
part of this application;
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, Sail Street.;
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 streets, building lots, utilities, drainage
improvements, and other improvements in the subdivision minimize flooding
and soil erosion;
9. All lots in the subdivision have access to sufficient potable water for
the intended use.

B.   Conditions of Approval

1. This conditional approval provides approval for the proposed lot line
amendment as shown on the referenced plans;
2. Monuments shall be placed at corner points at the new property line; 
3. The Planning Commission recommends approval of the Dimensional Variance
required for Plat 14, Lot 395 for becoming more non-conforming;
4. This approval shall be recorded with the Town Clerk contemporaneously
with the Final Plat; and,
5. This approval shall expire one year from the date of approval by the
Planning Commission.

So voted:
Betty Hubbard  - Aye         Mary Brennan - Aye
Gary Girard -Nay       Rob Lambert - Aye
Arthur Milot - Aye        Dennis Webster - Aye
Michael Smith  - Aye         Nancy Logan - Aye
Motion carries by a vote of 7-1

2.   CDBG - FY1999 Application: Compliance with Comprehensive Plan
A motion was made by Commissioner Smith and seconded by Commissioner Logan
that the Jamestown Planning Commission hereby certifies that the proposed
FY1999 Community Development Block Grant activities are in compliance with
local development policy as set forth in the Jamestown Comprehensive
Community Plan and with the Jamestown Subdivision and Land Development
Regulations and the Jamestown Zoning Ordinance.  So voted:
Betty Hubbard  - Aye         Mary Brennan - Aye
Gary Girard -Aye       Rob Lambert - Aye
Arthur Milot - Aye        Dennis Webster - Aye
Michael Smith  - Aye         Nancy Logan - Aye
Motion carries by a vote of 8-0

3.   Two Letters to the Planning Commission from Hazel Turley
A motion was made by Commissioner Smith and seconded by Commissioner
Girard to accept Mrs. Turley's letters and place them in the file.  So
voted:
Betty Hubbard  - Aye         Mary Brennan - Aye
Gary Girard - Aye         Rob Lambert - Aye
Arthur Milot - Aye        Dennis Webster - Aye
Michael Smith  - Aye         Nancy Logan - Aye
Motion carries by a vote of 8-0

The Planning Commission discussed the condition of Potter's Cove.

With no further business the meeting adjourned at 11:30 pm.

Attest:

Kimberly Turcone
Recording Secretary