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

  JAMESTOWN ZONING BOARD OF REVIEW

  Minutes of the December 19, 2000 Meeting

A regular meeting of the Jamestown Zoning Board of Review was held at the
Jamestown Library, 26 North Road.
      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
Richard Boren
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 October 3, 2000 meeting.

A motion was made by Thomas Ginnerty and seconded by Don Wineberg to
accept the minutes of the October 3, 2000 meeting as presented.

The motion carried by a vote of 5 - 0.

Minutes of the October 24, 2000 meeting.

A motion was made by Don Wineberg and seconded by Richard Allphin to
accept the minutes of the October 24, 2000 meeting as presented.

The motion carried by a vote 5 - 0.

CORRESPONDENCE

A letter from Quentin Anthony re: application of Margaret Perry.

A letter from David Martin re: application of Donna Rizzo.

A letter from Scott Olsen re: Jamestown Post Office.

A letter from Henry Lane re: walls of Paul Boghossian.

A letter from Robert Falvey re: Ocean State Scuba

Ocean State Scuba

A letter was received from Attorney Robert Falvey on behalf of Ocean State
Scuba requesting an extension of the deadline for submission of the
requested brief pertaining to the issue of administrative finality due to
the fact that transcripts would not be ready in time to meet the prior
deadline of Dec. 19, 2000.

A motion was made by Catherine Finney and seconded by Richard Allphin to
grant the request of Ocean State Scuba to extend the deadline for filing
briefs by OSS to January 23, 2001 and Mr. Hyman submit his brief in time
for the Board to review it prior to the February 27, 2001 meeting.

The motion carried by a vote of 5 - 0.

OLD BUSINESS

SHEAHAN

A motion was made by Catherine Finney and seconded by Don Wineberg to
continue the application of Gail Sheahan to the January 23, 2001 meeting
at the request of the applicant due to the fact that the requested
drawings were not ready yet because a survey was being done to ensure
their accuracy. 

The motion carried by a vote of 5 - 0.

NEW BUSINESS

RIZZO

A motion was made by Catherine Finney and seconded by Richard Allphin to
continue the application of Donna M. Rizzo to the January 23, 2001 meeting
because they did not receive DEM approval yet. 

The motion carried by a vote of 5 - 0.

Turner

A motion was made by Dennis Grieco and seconded by Richard Allphin to
grant the request of Geoffrey L. Turner et Nancy L. Van Devanter, whose
property is located on Walcott Ave., and further identified as Tax
Assessor's Plat 9, Lot 531 for a variance from Article 3, Section 300
(Regulation of Structures and Land) to construct a single family house
fifteen (15) feet from the rear lot line instead of the required thirty
(30) feet, and from Article 3, Section 306, 
(Authorized Departures from Yard Regulations) to construct a roof overhang
above a required yard of sixteen (16) inches instead of the required
twelve (12) inches.  
 
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. This variance is conditioned upon the applicant obtaining the necessary
approvals from the RI DEM for the project as it is or has been presented
to this Board.

2. The structure will be built and shall remain substantially conforming
to the plans submitted to the Board with this application.

This motion is based on the following findings of fact:

1. Said property is located in a R40 zone and contains 156,084 sq. ft.

2. The hardship from which relief is sought is due to the limitation on
the buildable area because of the extensive wetlands on the lot.

3. The house will not alter the general character of the surrounding area
in that it is compatible with the only home directly visible from the
subject lot.

4. The size and volume of their lot is such that a larger home will most
likely be built and this larger home is well designed and reasonably
placed on the property.
      Forcing the size of home that will most likely result due to the
value of this property to be built in the buildable envelope will not be a
reasonable alternative as it will most likely be 2 to 21/2 stories and not
fit in or well on the lot in question and with the surrounding properties.
   
The motion carried by a vote of 4 - 1.

Thomas Ginnerty voted against the motion. 

Perry

A letter was received from Quentin Anthony attorney for the applicant
requesting a continuance because a zoning certificate had been issued on
behalf of Mrs. Perry.  This certificate eliminates the need for the zoning
relief requested.  In the event the certificate is appealed the petition
would go forward.

A motion was made by Catherine Finney and seconded by Thomas Ginnerty to
continue the application of Margaret Perry to the January 23, 2001 meeting
at the request of Mr. Anthony.

The motion carried by a vote of 5 - 0.

BRENNAN

A motion was made by Don Wineberg and seconded by Thomas Ginnerty to grant
the request of William C. and Mary M. Brennan, whose property is located
at 238 Narragansett Avenue, and further identified as Tax Assessor's Plat
8, Lot 6 for a variance from Article 3, Section 3-2 (District Dimensional
Regulations)to construct a garden shed six feet from the side lot line
instead of the required ten feet.

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 in an R20 zone and contains 14,700 sq. ft.

2. The relief is the least relief necessary to preserve mature trees on
the site.

3. Removing the existing shed eliminates an encroachment on the
neighboring property.    

The motion carried by a vote of 5 - 0.

ADJOURNMENT

A motion was made to adjourn at 9:35 p.m.

The motion carried unanimously.