***** UNAPPROVED MINUTES *****
PLANNING COMMISSION MINUTES
The meeting was called to order at and the following members were present:
Gary Girard Andrew Kallfelz
Betty Hubbard Victor Calabretta
Sue Barker Barry
Not present: Jean Magregor-Brown
Lisa Bryer, AICP – Town Planner
Cinthia Reppe – Recording Clerk
A.Lauriston Parks – Town Solicitor
Approval of Minutes from
A motion was made by Commissioner Kallfelz and seconded by Commissioner Hubbard regarding the minutes. Commissioner Holland stated that he wanted a paragraph added to the discussion on page 3 first paragraph. A discussion ensued and the Chair asked for the motion to be withdrawn, Commissioner Kallfelz withdrew the motion. A motion was made by Commissioner Girard and seconded by Commissioner Kallfelz to table this issue until the next meeting to let the clerk have time to review the tape from the meeting to see if the paragraph that was written by Commissioner Holland was accurate. So unanimously voted. Commissioner Brown Abstained.
1. CRMC – Cease and Desist Order –Barbara and Mike Infantolino
– nonconformance with CRMC Assent 2001-01-050, stipulations F,G,J,&K within
200 feet of a coastal feature at 1141 North Main Rd., Jamestown, RI. Plat 3,
2. FYI – Letter from Town Planner and Planning Commission to Kevin Nelson, Statewide Planning, Housing Element of Comprehensive Community Plan. Received
3. FYI – Working Together to protect our drinking water at the source, New England Regional Conference. Received
III. Citizen’s Non Agenda Item – nothing at this time
1. Town Planner’s Report
Town Planner Lisa Bryer stated that she received a memo from the Town Clerks office regarding the expiration of the following Planning Commissions members terms: Commissioners Hubbard, Calabretta and Brown. If they are interested in applying for a position they should send a letter of interest to the Town Clerk as soon as possible.
2. Town Committees
3. Sub Committees
Brown stated that at the last parking committee meeting the topic of discussion
was prohibiting parking on the south side of
V. Old Business
Commissioner Girard asked the board to take Old Business #4 first. The board agreed.
Construction Management Co. - Plat 15, lot
The applicant asked to continue this issue until the next meeting.
4. Zoning Ordinance Discussion with Planning Commission – article 314 - protection of critical lands containing freshwater wetlands, high ground water table and/or shallow impervious layer
Commissioner Kallfelz asked the Town Solicitor When does regulation become a taking of property?
Town Solicitor Larry Parks stated that if a property owner is denied all beneficial use that is when it is considered a taking. Under certain conditions residential use can be limited. He also stated that limiting the size or number of bedrooms or number of occupants is very difficult to enforce. Mr. Parks stated that limiting bedrooms is easier than the number of occupants. Mr. Parks stated that the Planning Commission could recommend to the zoning board a limited amount of square footage for the proposed plan. Commissioner Kallfelz asked if the Town Building Inspector Fred Brown could provide the Planning Commission with a description of what the minimal size of a structure is. Mr. Parks will forward this information to the Town Planners office. A discussion ensued regarding the siting and design of ISDS and the dwelling it serves. Does the least amount of disturbance possible mean limiting the size of the house? Commissioner Girard stated that the Planning Commissions intent needs to be confirmed before it ends up in court. Commissioners Calabretta, Barker, Girard and Hubbard feel that the ordinance is clear as written. Commissioner Girard stated that the ordinance should be left as is and that the intent of the ordinance is to encourage minimal site disturbance. Commissioner Hubbard stated that each site is different; she also stated that we should go by the state minimum requirements for a house. Commissioner Kallfelz made a motion that was seconded by Commissioner Girard that the Planning Commission is in agreement regarding the interpretation of section 314 (c)(1)(b) when making recommendations on a development plan for a variance application under subdistrict A. Specifically the Planning Commission’s belief is that the ordinance as currently drafted is not ambiguous and requires (among other requirements) that the applicant propose a dwelling that is larger that what is required as a minimum under the state minimum residential code.
Commissioner Girard asked for any discussion. Commissioner Calabretta stated that he is uncomfortable voting on this until he sees what the state minimum requirement is. Commissioner Girard tabled this motion until the next meeting.
Commissioner Hubbard stated that we need a more specific checklist.
The Town Planner asked the Planning Commission if any additional items were needed other than what was listed in the ordinance to fully review an application, understanding that they can always ask for more specific information based upon the application. The only additional items were listed in the Planners Memo as follows:
o Building plans, showing footprint, internal space and # of bedrooms
o Foundation plans with site grading and groundwater profile
o Why are you here? A clear written explanation of what relief they are seeking from the Zoning Board.
2. Budget 2004-2005
A motion was made by Commissioner Girard and seconded by Commissioner Barker to send a memo to the Town Council and the Town Administrator that establishes a stipend parallel with the Zoning Board. So voted:
Gary Girard – Aye Andrew Kallfelz – Aye
Betty Hubbard – Aye Victor Calabretta – Nay
Jean Magregor-Brown – Abstain Sue Barker – Aye
Barry Holland – Aye
Motion carries by a vote of 5-1,1 Abstention
The Planning Commission would like to establish an architectural review for Development Plan Review and also look into putting a Design Review manual together. A motion was made by Commissioner Hubbard and seconded by Commissioner Kallfelz to recommend that this be added into the budget. So voted:
Gary Girard – Aye Andrew Kallfelz – Aye
Betty Hubbard – Aye Victor Calabretta – Aye
Jean Magregor-Brown – Aye Sue Barker – Aye
Barry Holland – Nay
Motion carries by a vote of 6-1
Commissioner Kallfelz would like to know if other towns do this.
3. Downtown Parking Plan – continued
Calabretta asked what happened over the summer with the new parking ordinance
by the Chamber of Commerce being in effect.
Nothing happened in that time period.
The Town Council just readvertised for an
extension to that ordinance. The only
time it comes into play is if a use has no parking on site or a use is
grandfathered for parking, but that would change if they changed their use or
they expanded the existing structure in the future. Commissioner Kallfelz
stated that according to the survey we do not have a big parking problem. Commissioner Barker suggested that the business
owners and their employees could park where there is more abundant parking
instead of right in front of the business.
Commissioner Kallfelz asked if we have
received any survey data from the Chamber yet and the answer was, no we have
not. Commissioner Brown stated that
parking may be an issue for business owners on an individual basis and that not
all businesses are having a problem.
Commissioner Hubbard stated that she was not a believer that we needed
the lot on
VI. New Business – nothing at this time
A motion to adjourn was made by Commissioner Hubbard at , it was seconded by Commissioner Kallfelz.