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

PLANNING COMMISSION MINUTES
December 1, 1999
7:30 PM
Jamestown Library 

The meeting was called to order at 7:35 p.m. and the following members
were present:
Betty Hubbard       Gary Girard
Arthur Milot        Michael Smith
Mary Brennan        Rob Lambert
Dennis Webster         Sue Barker
Michael Schnack

Also present:
Lisa Bryer,AICP - Town Planner
Cinthia Reppe - Recording Secretary
A.Lauriston Parks - esq.,Town Solicitor
John Murphy - Attorney
Richard Allphin
Dennis Nixon
Jane Sprague
Andrew Weicker
Paul Sprague
Dick Hutchinson

I.  Reading and Approval of Minutes from November 3, 1999
A motion was made by Commissioner Smith and seconded by Commissioner
Girard to approve the minutes as written.  So voted:
Betty Hubbard - Aye    Gary Girard - Aye
Arthur Milot - Aye     Michael Smith - Aye
Mary Brennan - Aye     Rob Lambert - Aye
Sue Barker - Aye       Dennis Webster - Abstain
Michael Schnack - Aye
Motion carries by a vote of 8-0

II.  Correspondence
1.  FYI - Letter to McQuades from Zoning Board. Received and Acknowledged
2.  FYI - Zoning Board Agenda November 23,1999. Received and Acknowledged
3.  FYI - Jamestown Shores Association Variance Information. Received and
Acknowledged
4.  Memorandum from the Planning Commission to the Town Council  RE: Old
Jamestown Bridge.  Received and Acknowledged
5.  Memorandum from the Planning Commission to the Town Council and Town
Administrator  RE: Repaving of Narragansett Avenue.
      Received and Acknowledged
6.  FYI - Letter to Planning and Zoning Boards RE: Off Site Marina
Parking.  Received and Acknowledged
7.  CRMC - Assent to Adele Beck, 35 Angell Road, Lincoln RI, to: construct
a residential bating facility consisting of a 100'long (+/-) by 4' wide
fixed timber pier with a lower fixed vessel access section.
      The facility is to extend approximately 58' beyond MLW.
      Remove timber deck on coastal bluff at 63 Seaside Dr. Plat 14, Lot
6.  Received and Acknowledged
8.  CRMC - Assent to William Kalander, 59 Seaside Drive, to: construct
additions and renovations to an existing dwelling to consist of: and
attached (two car) garage, a second floor addition, a sunroom and portico,
also a new (DEM approved 4-bedroom design) individual sewage disposal
system (ISDS) will be installed, at said address, Plat 14 Lot 7.  Received
and Acknowledged

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

IV.  Reports
a.  Town Planner's Submitted Report
b.  Town Committees
Commissioner Webster reported on the Harbor Management Commissions
workshop regarding mooring rates, and said the Harbor Management
Commission will be developing a recommendation to submit to the Town
Council at their next regular meeting on December 8,1999.
c.  Sub Committees
Commissioner Barker reported on the Wastewater Management Sub-Committee
meeting that took place on November 30,1999.

V.  Old Business
1.  Blueberry Hill - Preliminary Subdivision Review Action
Commissioners Milot and Hubbard recused themselves and left the table.
A motion was made by Commissioner Barker and seconded by Commissioner
Lambert
"To Grant Master Plan/Preliminary approval in accordance with plans
entitled "PRELIMINARY PLAT, BLUEBERRY HILL; Applicant John H. Hubbard, 41
Emerson Road, Jamestown, RI  02835, Owner/Applicant Jocelyn Woolworth, 21
Dempsey Lane, Greenwich CT  06830, and Jocelyn T. Shaw, 476 Old Mill Road,
Fairfield CT  06430; prepared by Boyer Associates, 1200 Main Street, West
Warwick, RI  02893, 401-821-8872; dated revised 11-9-99, based on the
following Findings of Fact and subject to the following Conditions of
Approval:

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, Stanton Road and Blueberry Lane.
      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 vehicular traffic, 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 and building lots in the subdivision
minimize flooding and soil erosion; and,
9. All lots in the subdivision have access to sufficient potable water for
the intended use (see waiver #2 and Condition of Approval #5).

B.   Waivers from the Subdivision and Land Development Regulations
The Planning Commission agrees to grant the following waivers:
1. The subdivider shall not be required to construct the extension to
Stanton Road as required in Article XIII until such time as the property
is to be developed and a building permit is sought for the new lot; and,
2. The subdivider shall not be required to drill a well on the new lot and
prove sufficient potable water as required by Article III.
     A. 9 of the Jamestown Subdivision Regulations until such time as a
building permit is sought. 

C.   Findings of Fact for Granting Waivers
  In Support of the waivers, the Board makes the following findings of
fact:

1. The applicant has stated that the property owners have no intentions of
developing the property now or in the near future and have considered
preservation of the entire new lot (25 acres); 
2. Requiring the subdivider to invest funds to provide potable water and
construct the street extension works contrary to the possible long term
preservation of the parcel; 
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; one lot has an existing house;
2. Payment of a fee in-lieu-of land dedication shall be waived for this
subdivision due to the low density proposed;
3. A monument shall be placed at the new property corner near Blueberry
Lane; 
4. At such time that the new lot is proposed for development, the property
owner shall seek approval of the road extension design by the Director of
Public Works and the Director of Public Works shall oversee and approve
the construction of such prior to the issuance of a building permit.
      The owner may choose to post a performance bond for the total
estimated cost of construction per Article VII of the Subdivision
Regulations of the Town of Jamestown;
5. No building permit shall be issued for the new lot until potable water,
sufficient to satisfy the requirements of the RI Department of Health, is
proven;

6.        This approval shall be recorded with the Town Clerk
contemporaneously with the Final Plat; and,                               
                  
7.         This approval shall expire one year from the date of approval
by the Planning Commission.

1.  Proposed Zoning Amendment - Seasonal off-site Marina parking
Commissioner Webster recused himself and left the table.
Commissioner Hubbard asked for continuing comments from the board.
      Commissioner Girard's opinion was that it would be best and fair to
maintain the character of Jamestown, he recommended that we limit the
districts R-40 and R-20 to change the S to N and change the CL, CD, and CW
Districts from Y to S (special use permit) and that it not affect anything
in process right now and that this leaves it open to the public to review
the off site parking.
Commissioner Hubbard stated that the parking survey that was done does not
make a case for satellite parking.
      Commissioner Hubbard recommended that satellite parking not be more
than a 1/2 mile away from primary use for which it is intended and that no
existing building opening onto the street front may be removed for the
purposes of creating a parking lot.
Commissioner Smith made a motion that the board recommend to the Town
Council that they do not amend the zoning ordinance.
      This motion failed for the lack of a second.
A motion was made by Commissioner Girard and seconded by Commissioner
Milot that we amend Permitted Use Table 3-1 section 5 Transportation &
Utilities item 3 Seasonal Off-Site Marina Parking by changing R-40 and
R-20 from S to N and CL, CD, and CW from Y to S and that 1. Parking can
not be more than a 1/2 mile away from the primary use for which it is
intended. 2. No existing Building opening onto Narragansett Avenue street
front can be removed for the purposes of creating a parking lot.
      Commissioner Hubbard opened up the motion for discussion
Commissioner Schnack stated that he would like to see an amendment
regarding demolition of a building front.
      Commissioner Hubbard asked for the Town Solicitor Mr. Parks' opinion
which is that it would be very difficult to word an ordinance to say what
the board wants to get across.
      The motion was rephrased to remove #'s 1 and 2 regarding 1/2 mile
and removal of building front.   So voted:
       Betty Hubbard - Aye         Gary Girard - Aye
       Arthur Milot - Aye       Michael Smith - Nay
       Mary Brennan - Nay       Rob Lambert - Aye
       Sue Barker - Aye            Michael Schnack - Nay

           Motion carries by a vote of 5-3
    
      Town Planner Lisa Bryer asked that the board refer back to the memo
dated October 29,1999 that the Planner had sent out regarding off site
marina parking Findings of Fact and Recommendations.
      Town Solicitor Mr. Parks stated that the board has been asked to
make a recommendation on a proposal that will totally and completely
remove off site marina parking.
      In consideration of what the Town Solicitor Mr. Parks brought up,
Commissioner Hubbard recommended that the board vote on the original
proposal.
      A motion was made by Commissioner Smith and seconded by Commissioner
Girard to deny the application that requests that off-site marina parking
be prohibited in all zones by deleting the use "off-site marina parking"
from Table 3-1 (as submitted by Nicholas Schaus, Dorsey Beard and Andrew
Weicker.)  So voted:
  Betty Hubbard - Aye        Gary Girard - Aye
  Arthur Milot - Aye         Michael Smith - Aye        
  Mary Brennan - Aye         Sue Barker - Aye
  Michael Schnack - Aye      Rob Lambert - Aye

           Motion carries by a vote of 8-0

       John Murphy, attorney representing Conanicut Marine Services stated
that prior discussion was on the Schaus proposal and not on any
recommendation that the board has discussed and voted on tonight and that
he feels it is "irregular, improper, and undemocratic to have considered a
proposal that was not opened up to the public."  Town Planner Lisa Bryer
stated that there is no requirement for public hearing at the Planning
Commission level of recommendation to the Town Council and the Town
Council will hold a public hearing prior to making a decision on the
application.
        Commissioner Hubbard moved that the board take the Finding of Fact
and Recommendations as amended and forward to the Town Council with the
Planning Commissions recommendation for amending the proposal.
      A motion was made by Commissioner Milot and seconded by Commissioner
Girard.  So voted:
  Betty Hubbard - Aye        Gary Girard - Aye
  Arthur Milot - Aye         Michael Smith - Nay
  Mary Brennan - Nay         Rob Lambert - Aye
  Sue Barker - Aye        Michael Schnack - Abstain

        Motion carries by a vote of 5-2

Final Memo to Town Council appended at the end of the minutes.

3.     Proposed Zoning Ordinance Amendment - Re: Ferry Parking, and
discussion of other water related businesses.
  Commissioner Hubbard brought up the memo from the Town Planner that
listed concerns that the Town Solicitor has regarding the Ferry Ordinance.
      Mr. Parks stated that steps can be taken to limit ferry parking. 
The board discussed the definition of Ferry Terminal, Ferry Service and
the permitted use table and Commissioner Webster said that no more than
25% of any store should be designated for ferry service.
      Commissioner Smith suggested that we let the Commissioners mull this
over until the next meeting. 

4.  Budget - 2000-2001 - Discussion and Recommendation
      The Planning Commission voted to give the Town Council and the Town
Administrator the following recommendations relating to the FY 2000-2001
Budget:

70070.201  Planning Commission                 $   5,934
  This represents an 18% increase over last years stipend.
      This provides the Planning Commission with a stipend that is equal
to the Zoning Board members.
      The Planning Commission felt that this was equitable since they meet
twice a month.
      It also provides for $125 for a year subscription to the Planning
Commissioners Journal, and $50 for related books and reference materials.

.302 Fees, Supplies, and Dues                  
The Planning Commission would like $1,000 added into this budget line item
for ESRI ArcView GIS Training in Boston.
      This will provide training for the Town Planner to better utilize
the existing computer mapping program. 

70070.306  Comprehensive Plan                  $  7,000
  This represents funding that will be necessary to complete final
printing of the Comprehensive Plan.
      This funding will produce approximately 100 copies.
      Approximately 40 copies are committed to the State and another 35
copies would be needed for in-house distribution.

Capital Budget
The following format refers to the 1999 Five Year Capital Budget Program
dated December 1999.
I.   Open Space
A. Preservation
The Planning Commission recommends allocation of at least $100,000 for
open space protection.
      This amount should be above and beyond what the State has allotted
to the Town through the State Real Estate Transfer Tax.

B. Management
The Planning Commission recommends the allocation of $5,000 to hire a
consultant to prepare a Town-Owned Land Management Plan for properties
owned by the Town for the purpose of protection of environmentally or
ecologically sensitive land.

II.  Public Buildings
C. Town Hall/ Town Offices Consolidation
The Planning Commission recommends that the Town Council hear the
presentation by the Consultant hired to conduct the Feasibility Study
which will complete the study.

F. Town Recreation and Planning Office, 22 West Street
The Planning Commission recommends the Council appropriate up to $25,000
for repairs to this building.
      Repairs include at a minimum: new furnace; stabilize front porch,
replace window on second floor; re-shingle and paint; and, repair ceiling
by back door.
      Desired repairs also depend on the Towns plans for a new Town Hall.
      It may be advisable to have an assessment completed of the building
to determine any major repair work for next fiscal year's budget.

III. Roads
The Planning Commission recommends sidewalks in the four corner area
(Narragansett Avenue and North Road): from Artillery Cemetery to
Playground; from the Early Learning Center to the four corners; from
Pemberton Avenue to the four corners.
      In addition, curbing is recommended on Narragansett Avenue from
Pemberton Avenue to the four corners.
      Additionally, they would like to see the sidewalk continue from the
town beach along Conanicus Avenue on the water side.

The Planning Commission recommends either repairing the stairs at Potters
Cove or rerouting the path down to the Beach in that area from the upper
parking lot.

V.   General Government
The networking of the computer system should be a high priority to the
Town Council.
       The efficiency of Town Employees depends in part on being able to
utilize each other's information and data.
      In some instances, it is currently very difficult to transfer
digital data from one office to the next; impeding efficient productivity.

VI. Major Equipment
The Planning Commission would like to see the Town Public Works employees
officially trained in roadside pruning and trimming for the appearance of
the roads, better control of re-growth of vegetation and the health of the
vegetation. 

5.   Tree Ordinance 
A motion was made by Commissioner Webster and seconded by Commissioner
Girard to approve (the Tree Ordinance) as written.  So voted:
Betty Hubbard - Aye       Gary Girard - Aye
Arthur Milot - Aye        Michael Smith - Aye
Mary Brennan - Aye        Rob Lambert - Aye
Dennis Webster - Aye         Sue Barker - Aye
Michael Schnack - Aye
Motion carries by a vote of 9-0

VI.  New Business
1.  Planning Commission - Terms Expiring December 1999
      Commissioners Hubbard and Smith would like to be re-appointed when
their terms expire in December 1999 and will send letters to the Town
Council.
      The board supported their reappointment.
      Commissioner Milot stated that he will be retiring in December 1999
and will forward a letter to the Town Council.

       A motion was made by Commissioner Schnack and seconded by
Commissioner Lambert to adjourn the meeting at 11:25 p.m.  All in favor.

Attest:

Cinthia Reppe
Recording Secretary