JAMESTOWN ZONING BOARD OF REVIEW

Minutes of the February 27, 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
Raymond Ianetta
Richard Boren

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

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

MINUTES

Minutes of the January 23, 2001 meeting.

A motion was made by Thomas Ginnerty and seconded by Dennis Grieco to
accept the minutes of the January 23, 2001 meeting as presented.

The motion carried by a vote of 5 - 0.

CORRESPONDENCE

Copies of letters of reappointment of the three alternate members.

Copy of a letter of 2-23-01 to Fred Brown from James Murphy re: OSS.

Copy of an announcement of a rally re: Container Ports.

OLD BUSINESS

SWAIN

A motion was made by Catherine Finney and seconded by Thomas Ginnerty to
continue the application of David Swain to the March 27, 2001 meeting.
      The brief was not received from Mr. Hyman yet and there was not a
quorum for this application.

The motion carried by a vote of 5 - 0.

SHEAHAN

A motion was made by Catherine Finney and seconded by Dennis Grieco to
continue the application of Gail Sheahan to the March 27, 2001 meeting
because there was not a quorum for this application. 

The motion carried by a vote of 5 - 0.

NEW BUSINESS

RIZZO

A motion was made by Thomas Ginnerty and seconded by Raymond Ianetta to
deny the request Donna M. Rizzo, whose property is located at 80 Orient
Avenue, and further identified as Tax Assessor's Plat 1, Lot 132 for a
variance from Article 3, Section 302 (District Dimensional Regulations) to
construct a single family residence 20 feet from the northerly and
southerly lot lines rather than 30 feet as required.

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.

In particular reference to Article 6, Section 607, Paragraph 2:

There was no demonstration that there is no reasonable alternative to
enjoy the legally permitted beneficial use.

This motion is based on the following findings of fact:

Said property is located in a RR80 zone and contains 30,628 sq. ft.

No hardship was proven that would be more than a mere inconvenience.

The proposed structure is not keeping with the general character of the
area.

There was no satisfactory evidence that demonstrated that the requested
relief was the least necessary.

One abutter testified in opposition and two abutters wrote letters in
opposition to the petition.

The motion to deny carried unanimously by a vote of 5 - 0.

REALE

A motion was made by Thomas Ginnerty and seconded by Dennis Grieco to
grant the application of Joseph J. Reale, Jr. and Susan A. Keller, whose
property is located at 12 Priscilla Rd., and further identified as Tax
Assessor's Plat 8, Lot 194 for a variance from Article 3, Table 3-2
(District Dimensional Regulations) to enlarge an existing extension for
use as a foyer, laundry and bath 15 feet from the front lot line instead
of the required 30 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 exterior surface of
the addition shall be consistent with the remainder of the house,
employing cedar shingles.

This motion is based on the following findings of fact: 

1. Said property is located in a R20 zone and contains 12,800 sq. ft.

2. That presently there exists an extension from the main house with
dimensions of approximately 12 ft. by 12 ft., which is approximately 15
ft. from the front lot line.

3. That the proposed addition will not enlarge the encroachment to the
front lot line, but will enlarge the north width to 12 x 24-6.

4. That the appplicant explained that the addition contains a bathroom to
replace a present bathroom, which is inadequate for his family use.

There were no objectors to the application.

The motion carried by a vote of 5 - 0.

KALBERER

A motion was made by Richard Allphin and seconded by Thomas Ginnerty to
grant the application of  Patricia Kalberer and Louise Celidonio, whose
property is located at 6 Walcott Ave., and further identified as Tax
Assessor's Plat 9, Lot 633 for a variance from Article 3, Table 3-2
(District Dimensional Regulations) to construct a new side entry porch
which will be 6' from the north boundary, where in 7' is required, and a
variance from Article 7, Section 706 (Reconstruction of a Nonconforming
Structure) to rebuild  the existing nonconforming main porch.

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:

Said property is located in a R8 zone and contains 7,500 sq. ft.

The proposed side entry porch will encroach 6" into the side yard rather
than the 1 foot the former porch encroached.

The main porch, although very close to the property line will be rebuilt
with the same footprint and therefore will not encroach into the yard any
further than at present.

4. No one spoke against the granting of this request. 

The motion carried by a vote of 5 - 0.

ADJOURNMENT 

A motion was made to adjourn at 9:50 p.m.

The motion carried unanimously.