JAMESTOWN ZONING BOARD OF REVIEW

  Minutes of the May 23, 2000 Meeting

A regular meeting of the Jamestown Zoning Board of Review was held at the
Jamestown Town Hall, 93 Narragansett Avenue.
      The meeting was called to order by the Chairwoman at 7:00 p.m.  The
clerk called the roll and noted the following members present:

Catherine Finney
Richard Allphin
Thomas Ginnerty
Dennis Grieco
Don Wineberg
Raymond Ianetta                  
Joseph Logan

Also present were:

Jane Streeter, Stenographer
Pat Westall, Zoning Clerk
Fred Brown, Zoning Officer
Christopher Zangari, Counsel

Seated: Catherine, Richard A., Thomas, Dennis, and Don.

MINUTES

Minutes of the March 28, 2000 meeting.

A motion was made by Thomas Ginnerty and seconded by Richard Allphin to
accept the minutes of the March 28, 2000 meeting as presented.

The motion carried by a vote 5 - 0.

Minutes of the April 11, 2000 meeting.
Minutes of the April 25, 2000 meeting.
Minutes of the May  9, 2000 meeting.
 
A motion was made by Thomas Ginnerty and seconded by Don Wineberg to
accept the minutes of the April 11, April 25, and May 9, 2000
meetings as presented.

The motion carried by a vote of 5 - 0.

CORRESPONDENCE

Just

A request from J. Hall attorney for Samuel Just to withdraw without
prejudice his variance application.

A motion was made by Catherine Finney and seconded by Dennis Grieco
to accept the withdrawal without prejudice.  

The motion carried by a vote of 5 - 0.

Bucklin

A request from P. Hayes attorney for William Bucklin to continue his
variance application to the June 27, 2000 meeting.

A motion was made by Catherine Finney and seconded by Dennis Grieco to
continue the application of William Bucklin to the June 27, 2000 meeting.

The motion carried by a vote of 5 - 0.

Morse

A request from Paul Morse to renew a variance originally granted in 1998
for Plat 2, Lot 28.

A motion was made by Catherine Finney and seconded by Richard Allphin to
grant a one year continuance (May 23, 2001) of the variance granted Plat
2, Lot 28.

A motion was made by Catherine Finney and seconded by Richard Allphin to
amend the motion to add "the Board's policy is to grant 2 extensions of a
previously granted variance, after which a new application must be made." 
 

The amended motion carried by a vote of 5 - 0.

OLD BUSINESS

CMS

A motion was made by Catherine Finney and seconded by Dennis Grieco to
continue the special meeting of CMS to June 20, 2000 at the Library, 26
North Rd.

The motion carried by a vote 5 - 0.

Paws & Claws

It was decided this application would be started over due to the fact that
Guy Settipane was seated for the previous testimony for this application
and is no longer a member of the Board.

After over an hour of testimony a motion was made by Catherine Finney and
seconded by Thomas Ginnerty to continue the application of Paws & Claws to
the  June 27, 2000 meeting.

The motion carried by a vote of 5 - 0.

NEW BUSINESS

Nardolillo

A motion was made by Richard Allphin and seconded by Dennis Grieco 
to grant the request of Sandra G. Nardolillo Trust, whose property is
located at 566 Seaside Dr., and further identified as Tax Assessor's Plat
3, Lot 132 for a variance from Article 3, Section 302 (District
Dimensional Regulations) and Article 7, Section 705 (Alteration of Non
Conforming Structure) to construct a second floor bedroom 17.3' instead of
required 20' from the north side setback.  

This Board has determined that this application does satisfy the
requirements of Article 6, Section 606, Paragraphs 1 through 4, and
Section 607, Paragraph 2.

This motion is based on the following findings of fact:

1. Said property is located in a R40 zone and contains 8,500 sq. ft.

2. The owner needs space for a new furnace and garage space for year round
residence.

3. The only way to get additional space is to add a 2nd level.

4. The new addition will not encroach further on setback requirements than
present building.

5. Two neighbors were in favor - one abutter objected because the addition
will affect part of his view.

The motion carried by a vote of 4 - 1.

Don Wineberg voted against the motion.

Blackwood

A motion was made by Thomas Ginnerty and seconded by Dennis Grieco to
grant the request of Richard & Coleen Blackwood, whose property is located
at 15 Dory St., and further identified as Tax Assessor's Plat 3, Lot 152
for a variance from Article 3, Section 302 (District Dimensional
Regulations) to allow an "as built" deck to be 3' from the westerly lot
line instead of the required 10'.  

This Board has determined that this application does satisfy the
requirements of Article 6, Section 606, Paragraphs 1 through 4, and
Section 607, Paragraph 2.

This variance is granted with the restriction that the existing deck be
repaired or replaced to conform with code before sale of the property or
within six months whatever is first.

This motion is based on the following findings of fact:

1.  Said property is located in a R40 zone and contains 7,200 sq. ft.

2.  That at present the deck is 3 ft. from the lot boundary.

3.  That the deck was originally constructed pursuant to a permit in 1977
by a previous owner.

4.  That the deck was repaired pursuant to a permit in 1993 by a previous
owner.

5.  That there had existed uncertainty concerning the exact location of
the boundary until development of the adjacent property recently. 

The motion carried by a vote of 5 - 0.

Sedgewick

A motion was made by Catherine Finney and seconded by Dennis Grieco to
grant the request of Robert & Linda Sedgewick, whose property is located
at 144 Walcott Ave., and further identified as Tax Assessor's Plat 9, Lot
348 for a variance from Article 3, Section 302 (District Dimensional
Regulations) to relocate an existing garage 4' from the southerly lot line
instead of the required 15'.  

This Board has determined that this application does satisfy the
requirements of Article 6, Section 606, Paragraphs 1 through 4, and
Section 607, Paragraph 2. {In particular reference to Article 6, Section
606, Paragraph 1.}

This motion is based on the following findings of fact:

1.  Said property is located in a R40 zone and contains 43,366 sq. ft.

2.  The proposed location of the garage is the least intrusive due 
    to the landscape and topographical features of the lot.

The motion carried by a vote of 5 - 0.

Stern

A motion was made by Don Wineberg and seconded by Thomas Ginnerty to grant
the request of Robert Stern, whose property is located at 304 Beavertail
Rd., and further identified as Tax Assessor's Plat 12, Lot 161 for a
variance from Article 3, Section 302 (District Dimensional Regulations) to
allow an "as built" gazebo, 18' from the southerly lot line , 20' being
required, and a deck 26' from the southerly lot line, 30' required.  

This Board has determined that this application does satisfy the
requirements of Article 6, Section 606, Paragraphs 1 through 4, and
Section 607, Paragraph 2.

This motion is based on the following findings of fact:

1.  Said property is located in a RR80 zone and contains 38,000 sq. ft.

2.  The incursion of the deck into the setback was the mistake of a prior
owner.

3.  The extension of the gazebo deck into the sideyard was an
unintentional mistake of the current owner.

4.  Two neighbors testified in favor of the application.

5.  One neighbor opposed the application.

6.  The cost of conforming the gazebo would be disproportionately high
relative to the 2 ft. benefit to the opposing neighbor.

The motion carried by a vote of 5 - 0. 

Pritchett

A motion was made by Richard Allphin and seconded by Dennis Grieco to
grant the request of William Prichett et ux, whose property is located at
19 Bridge View Dr., and further identified as Tax Assessor's Plat 2, Lot
82 for a variance from Article 3, Section 311 (Maximum Size of Accessory
Structure) to construct a tool and boat storage shed 18' x 40' one story
high.  

This Board has determined that this application does satisfy the
requirements of Article 6, Section 606, Paragraphs 1 through 4, and
Section 607, Paragraph 2.

This motion is based on the following findings of fact:

1.  Said property is located in a RR80 zone and contains 2.95 +/- acres.

2.  The house has no basement and no attic, so owner needs storage space.

3.  The shed will be built on a slab with no interior finishing and no
electrical service.

4.  All structures on the property will occupy about 3% of the total land
area.

5.  There were no objectors.  The abutter nearest the proposed shed spoke
in favor of granting the variance. 
 
The motion carried by a vote of 5 - 0.

Rizzo

A motion was made by Catherine Finney and seconded by Thomas Ginnerty to
continue the application of Donna M. Rizzo to the June 27, 2000 meeting
because they did not receive DEM approval yet. 
Jim Donnelly, attorney for the applicant is to call this office by June
23, 2000 to inform the Board if they have received the DEM approval and
can be heard.  
 
The motion carried by a vote of 5 - 0.

Gotovich

A motion was made by Dennis Grieco and seconded by Thomas Ginnerty to deny
the request of Elaine L. Gotovich, whose property is located at 14 Hull's
Court, and further identified as Tax Assessor's Plat 7, Lot 79 for a
variance from Article 3, Section 302 (District Dimensional Regulation) to
make alterations to a previously approved dimensional variance.

This Board has determined that this application does not satisfy the
requirements of Article 6, Section 606, Paragraphs 1 through 4, and
Section 607, Paragraph 2.

This motion is based on the following findings of fact:

1.  Said property is located in a RR80 zone and contains 33,168 sq. ft.

2.  The proposed additional rooms could be located on the north side of
the premises instead of the side closest to the abutters.

3.  The dimensional variance granted for this premises at a previous
meeting was granted because that proposal was the least relief necessary
and was not so significantly greater than the surrounding houses that it
diminished the quality of the neighborhood.
      This proposed addition is far beyond what was approved by the last
dimensional variance and will add significantly to the home in comparison
to the surrounding houses.
      Additionally, the owner plans to live by herself in the 2000 sq.
ft., 3 bedroom home.  She does not reasonably need     the proposed
additional space.
      Thus the application does not represent the least relief necessary.

The motion carried by a vote of 5 - 0.

Deinert

A motion was made by Don Wineberg and seconded by Dennis Grieco to grant
the request of J. Clifford Deinert et Jacquelyn A., whose property is
located at 17 Whale Rock Rd., and further identified as Tax Assessor's
Plat 12, Lot 199 for a variance from Article 3, Section 302 (District
Dimensional Regulations) to construct a deck 20 ft. from the southerly lot
line instead of the required setback of 30 ft.  

This Board has determined that this application does satisfy the
requirements of Article 6, Section 606, Paragraphs 1 through 4, and
Section 607, Paragraph 2.

This motion is based on the following findings of fact: 

1. Said property is located in a R40 zone and contains 20,056 sq. ft.

2. A neighbor testified that the existing deck "is a farce".

3. The construction is to the rear and side of the house.

4. Expanding the width of the deck is the lease restrictive way 
   of enjoying the deck as more than a passageway.

The motion carried by a vote of 5 - 0.

Dutra

A motion was made by Catherine Finney and seconded by Don Wineberg to
grant the request of Joseph F. Dutra, Trustee, whose property is located
at 15 Mt.
     Hope Ave., and further identified as Tax Assessor's Plat 8, Lot 865,
for a variance from Article 3, Section 302 (District Dimensional
Regulations) to construct a garage which will be 20' from the front
property line at Mt. Hope Ave. instead of the required 30'.  

This Board has determined that this application does satisfy the
requirements of Article 6, Section 606, Paragraphs 1 through 4, and
Section 607, Paragraph 2.

This variance is granted with the restriction that a berm at least five
feet high with a top at least five feet wide, be maintained along the
entire length of the north side of the lot, and that the top and north
slope of the berm be planted and kept as a natural vegetative buffer for a
width of at least fifteen feet.

This motion is based on the following findings of fact:

1. Said property is located in a R20 zone and contains .55/24,089 acres /
sq.ft.

2. The variance is the least necessary to maintain the aesthetic balance
between the property and neighboring properties.

3. The variance affords a safer egress and ingress to the property.

4. There were no objections from abutters.  Two abutters were in favor
providing the preceding restriction was included within the granted
variance.

5.  One abutter indicated that a review of subdivision covenants shows
that the proposed design is in conformance.

The motion carried by a vote of 5 - 0.

ADJOURNMENT

A motion was made to adjourn at 11:20 p.m.

The motion carried unanimously.