JAMESTOWN ZONING BOARD OF REVIEW

  Minutes of the June 27, 2000 Meeting

A regular meeting of the Jamestown Zoning Board of Review was held at the
Jamestown Town Library, 26 North Road.
      The meeting was called to order by the Chairwoman at 7:10 p.m.  The
clerk called the roll and noted the following members present:

Catherine Finney
Richard Allphin
Thomas Ginnerty
Dennis Grieco
Raymond Ianetta                  
Richard Boren

Also present were:

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

Seated: Catherine, Richard A., Thomas, Dennis, and Ray.
 
MINUTES

Minutes of the May 23, 2000 meeting.

A motion was made by Thomas Ginnerty and seconded by Richard Allphin to
accept the minutes of the May 23, 2000 meeting as presented.

The motion carried by a vote 5 - 0.

CORRESPONDENCE

A copy of RI D.E.M. preliminary determination re: Plat 9, Lot 307.

A copy of a letter requesting a continuance of Paws & Claws. 

A note from David Martin re: Rizzo application.

A letter from Mary Meagher re: altering the agenda schedule.

A letter from Patrick Hayes requesting a cont. of Bucklin. 

OLD BUSINESS

CMS

Seated: Catherine, Tom, Dennis, Ray, and Richard B.

A motion was made by Catherine Finney and seconded by Dennis Grieco to
schedule the hearing date of CMS to July 13, 2000 to be held at a location
to be determined.

The motion carried by a vote of 5 - 0.

Seated: Catherine, Richard A., Tom, Dennis, and Ray.

Paws & Claws

A motion was made by Catherine Finney and seconded by Dennis Grieco
to continue the application of Paws & Claws to the July 25, 2000 meeting
at the request of the applicant and the principal objector's attorney due
to a death.

The motion carried by a vote of 5 - 0.

NEW BUSINESS

Bucklin

A motion was made by Catherine Finney and seconded by Richard Allphin to
continue the application of William Bucklin to the July 25, 2000 meeting
at the request of their attorney because the Bucklins are out of state and
a revised site plan has been submitted.

The motion carried by a vote of 5 - 0.

Rizzo

A motion was made by Catherine Finney and seconded by Dennis Grieco to
continue the application of Donna M. Rizzo to the July 25, 2000 meeting
because they did not receive DEM approval yet. 

The motion carried by a vote of 5 - 0.

Lush

A motion was made by Thomas Ginnerty and seconded by Richard Allphin to
grant the request of Anthony N. & Nancy S. Lush, whose property is located
at 17 Bay St., and further identified as Tax Assessor's Plat 8, Lot 508
for a variance from Article 3, Section 302 (District Dimensional
Regulations) and Article 7, Sections 704 & 705 (Nonconforming Structures)
to make minor alterations/ renovations to a nonconforming structure which
will be 5'4" from the north property line rather than 10 ft. as 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 R20 zone and contains 18,400 sq. ft.

2.  That the proposal does not create a further encroachment upon the side
setback than presently exists.

3.  That the proposal does not encroach upon any of the other set back
requirements of the property.

4.  That the proposal presented a logical design which enhances the    
efficient use of the premises.

5.  No objections were presented.

The motion carried by a vote of 5 - 0.

Wells

A motion was made by Richard Allphin and seconded by Thomas Ginnerty to
grant the request of Geoffrey G. Wells, whose property is located at 13
Coronado St., and further identified as Tax Assessor's Plat 8, Lot 411 for
a variance from Article 3, Section 302 (District Dimensional Regulations)
to construct a deck which will be 21 ft. from rear lot line wherein 30 ft.
is required and a cellar entry way which will be 4 ft. from north property
line wherein 7 ft. is 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 R8 zone and contains 6,000 sq. ft.

2. The proposed deck will encroach into the rear lot line no further than
the present deck.

3. The cellar entry way will be put in the only practical location
   because of an addition being made to the house.

4. No one objected to this variance request.

The motion carried by a vote of 5 - 0. 

Clark

Seated: Catherine, Tom, Dennis, Ray, and Richard B.

A motion was made by Dennis Grieco and seconded by Raymond Ianetta to
grant the request of Ruth E. Clark, whose property is located at 14 West
Bay View Dr., and further identified as Tax Assessor's Plat 8, Lot 18 & 19
for a variance from Article 12, Section 1208-B3 (Parking or Storage of
Commercial & Major Recreational Equipment) to live in a motor home parked
on owner's lot, for medical reasons.

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 following restrictions:

1. The RV will be no longer than 8 ft. by 35 ft. as indicated in the
application.

2. The RV will be inhabited by Mrs. Ruth Eldridge Clarke and her husband
only.
      No one other than Mr. and Mrs. Clarke may live, sleep, or keep house
in the RV.

3. The RV may be parked on the lot only during the period of time from the
Friday of Memorial Day weekend through September 30.

4. The RV will be parked in the approximate location on the site plan
submitted with the application. 

5. The variance won't run with the land, and only remains in effect while
Mrs. Clark owns the property.

This motion is based on the following findings of fact:

1. Said property is located in a R20 zone and contains 20,700 sq. ft.

2. There were no objections.

3. Mrs. Clark submitted a letter from her doctor, Sheree Lauth, M.D.
detailing her medical condition, indicating why that condition necessitate
her to live in the RV, rather than the cottage on the lot.

4. Mrs. Clark is 67 years old.  According to her doctor she would be
unable to come and visit family in Jamestown if she did not live in the
RV.

5. These facts indicate Mrs. Clark can not beneficially use the property
if requested variance is not granted. 
 
The motion carried by a vote of 5 - 0.

Seated: Catherine, Richard A., Tom, Dennis, and Ray.

Sprint

A motion was made by Dennis Grieco and seconded by Richard Allphin to
grant the request of Sprint Spectrum L.P. (Town of Jamestown, owner),
whose property is located at Howland Ave., and further identified as Tax
Assessor's Plat 9, Lot 152 for a Special Use Permit from Article 3,
Sections 301 Uses & Districts, V. 12 and 17 and Section 305, (Exceptions
to Height Regulations) to construct a wireless communications facility at
the water tank.  

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 Special Use Permit is granted with the following restrictions:

1. No access drive area as depicted on the plans is permitted.

2. No generator or propane tank is permitted.

3. A line of 10' arborvitae be planted in a line as indicated in yellow on
Exh.E as directed by the town Public Works Director.

4. Any additional electrical service shall be underground if permitted by
the electrical utility.

This motion is based on the following findings of fact

1. Said property is located in a R8 zone and contains 22,638 +/- sq. ft.

2. The granting of the application in the manner specified will
accommodate the applicant's desire to provide adequate coverage in its
digital phone network, while improving the screening and aesthetics of the
site.

3. The FCC regulates the safe installation and operation of sites such as
that proposed.

4. These facts, the above restriction and the other aspects of the
application and plans submitted demonstrate the proposed project will not
be inimical to the public health, safety and welfare and will not
substantially and permanently injure the surrounding properties.

The motion carried by a vote of 5 - 0.

Cole

A motion was made by Catherine Finney and seconded by Richard Allphin to
grant the request of Sherry Poucher & Michael Cole and Joan Dupee & Robin
Sue Farrell, whose property is located at 1 and 125 Circuit Avenue, and
further identified as Tax Assessor's Plat 1, Lots 146 & 267 for a variance
from Article 3, Section 3-1 (District Dimensional Regulations) to
reconfigure lots to correct prior inaccurate survey.  

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.
Cole cont.

This variance is granted with the restriction that points #3 and #4 as
outlined in the Planning Board Preliminary Approval Letter of April 7,
2000, and the issuance of final approval as outlined in points #5 and #6
of said letter.
 
This motion is based on the following findings of fact:

1. Said property is located in a RR80 zone and contains 6,000 and 30,000
sq. ft.

2. The configuration of the two lots in question predates zoning
regulations.
      The hardship of the applicants is due to the unique characteristics
of the structures and lots.
     The request seeks to correct a prior inaccurate survey.

3. Approval of the petition will improve the ingress and egress
   to the Dupee/Farrell lot, and correct the current encroachment
   of the Poucher/Cole septic system and residence.

4. The relief granted is the least relief necessary.

5. There were no objections to this petition.

The motion carried by a vote of 5 - 0.

Omnipoint

A motion was made by Catherine Finney and seconded by Thomas Ginnerty to
continue the application of Omnipoint Communications MB Operations, LLC to
July 25, 2000 to allow the applicant to address the issue of the question
of standing with DEM.

The motion carried by a vote of 5 - 0.

Heintz

A motion was made by Raymond Ianetta and seconded by Thomas Ginnerty to
grant the request of Herbert & Charlene Heintz, whose property is located
at 14 Newport St., and further identified as Tax Assessor's Plat 10, Lot
21 for a variance from Article 3, Section 302 (District Dimensional
Regulations) to construct a new dwelling  5'6" from the rear lot line
instead of the required 40 ft. and 16'0" from the west lot line instead of
the required 30 ft. and to relocate a swimming pool 10 ft. from the rear
lot line instead of the required 20 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 RR80 zone and contains .86 acres.

2. The original home destroyed by fire had an approximate 1200 sq. ft.
footprint exclusive of 868 sq. ft. of porch.

3. The existing ISDS which was upgraded in 1993 to 1994 limits the
location of the house without creating a hardship.

4. The ledge hill to the south of the ISDS further limits the 
   location of the house to the north side of the property line.

5. Although the new home is closer to the northern property line    it
will be up to 19 ft. further away from the western property
   line.

6. No abutters objected to the requested variance.

The motion carried by a vote of 5 - 0.

Wurman

A motion was made by Thomas Ginnerty and seconded by Richard Allphin to
grant the request of Vanessa Wurman, whose property is located 450 East
Shore Rd., and further identified as Tax Assessor's Plat 4, Lot 15 for a
variance from Article 3, Section 302 (District Dimensional Regulations) to
construct a 22' x 24' garage (one story) 23' from the front lot line
instead of the 40' 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 variance is granted with the following restrictions:

1.  That a hedge be planted along the front lot line as outlined on the
plans.

2.  That the height of the garage shall not exceed 19 ft. at the highest
point. 

This motion is based on the following findings of fact:

1. Said property is located in a RR80 zone and contains 1.74 acres.

2. That the configuration of the property does not lend itself to
   the efficient placement of the garage on another location in 
   the property.

3. There were no objections to the application.

The motion carried by a vote of 5 - 0.

ADJOURNMENT

A motion was made to adjourn at 10:40 p.m.

The motion carried unanimously.