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

JAMESTOWN ZONING BOARD OF REVIEW

Minutes of the January 23, 2001 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 7:04 p.m.  The
clerk called the roll and noted the following members present:

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

Also present: Brenda Hanna, Stenographer
Pat Westall, Zoning Clerk
Fred Brown, Zoning Officer
Christopher Zangari, Counsel

MINUTES

Minutes of the December 19, 2000 meeting.

A motion was made by Thomas Ginnerty and seconded by Joseph Logan to
accept the minutes of the December 19, 2000 meeting as presented.

The motion carried by a vote of 5 - 0.

CORRESPONDENCE

A letter from Jane Streeter re: stenographic recordings.

Copy of N.O.V. from Fred Brown re: Plat 1, Lot 205.

CRMC Coastal Features Volume 9, Issue 1.

OLD BUSINESS

SWAIN

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

A motion was made by Catherine Finney and seconded by Thomas Ginnerty to
continue the application of David Swain to the February 27, 2001 meeting.
      The brief was received today from OSS and James Hyman now must
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.

SHEAHAN

Seated: Catherine, Richard A., Dennis, Don, & Richard B.

A motion was made by Dennis Grieco and seconded by Richard Boren to
continue the application of Gail Sheahan to the February 27, 2001 meeting
at the request of her attorney.
      The applicant needs to meet with the Zoning Enforcement Officer
before the next meeting. 

The motion carried by a vote of 5 - 0.

NEW BUSINESS

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

RIZZO

A motion was made by Catherine Finney and seconded by Dennis Grieco to
continue the application of Donna Rizzo to the February 27, 2001 meeting
at the request of their attorney because they do not have DEM approval.

The motion carried by a vote of 5 - 0. 

PERRY

A motion was made by Catherine Finney and seconded by Dennis Grieco to
accept the withdrawal without prejudice the application of Joseph Perry at
the request of Quentin Anthony, attorney for the applicant.

The motion carried by a vote of 5 - 0.

BRAISTED

A motion was made by Thomas Ginnerty and seconded by Catherine Finney to
grant the request of Robert Braisted, whose property is located at 85
Westwind Dr., and further identified as Tax Assessor's Plat 8. Lot 672 for
a variance from Article 3, Section 302 Table 3-2 (District Dimensional
Regulations) to construct a single-family residence whose height exceeds
the 35' maximum by 4 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 variance is granted with the restriction that the structure will be
built and shall remain substantially conforming to the plans submitted to
this 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 40,000 sq. ft.

2. The topographical character of the parcel is not flat and includes a
twelve foot grade change, which creates an architectural limitation to the
placement of a structure.

3. The requested relief is four feet above the required measurement
standard, lowest grade elevation, but is within 35 feet of the ground
level of the house.

4. The house is 25.6 ft. from the closest boundary line.

5. The architect presented three additional site considerations which were
impractical.

6. The selected site location took into consideration view, sun exposure,
and preservation of mature trees.

7. The applicant met with and discussed the proposed plan with adjacent
neighbors who have not presented objections.

The motion carried by a vote of 4 - 1.

Richard Allphin voted against the motion.

FLOOD

A motion was made by Don Wineberg and seconded by Thomas Ginnerty to grant
the request of Richard T. Jr. and Sally E. Flood, whose property is
located at 93 Blueberry Lane, and further identified as Tax Assessor's
Plat 10, Lot 126 for a variance from Article 3, Section 302 (District
Dimensional Regulations) to construct an addition to an existing house
thirteen feet from the east side lot line instead of the required thirty
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 variance is granted with the restriction that the applicant must
maintain or plant  different plant material along the southern length of
the addition to obstruct any view of the subject property from the house
currently located on Plat 10, Lot 134.

This motion is based on the following findings of fact: 

1. Said property is located in a RR80 zone and contains 69,363 sq. ft.

2. The nearest neighbor did not oppose as long as an adequate vegetative
buffer was a condition of approval and another neighbor had no objection.

3. The house was sited on the lot before applicability of the side yard
requirements of the ordinance.

4. The applicant is encouraged to make a good faith effort to move, rather
than eliminate, any existing mature blue spruce trees.

The motion carried by a vote of 4 - 1.

Richard Allphin voted against the motion.

ADJOURNMENT 

A motion was made to adjourn at 8:55 p.m.

The motion carried unanimously.