***** UNAPPROVED MINUTES ***** JAMESTOWN ZONING BOARD OF REVIEW Minutes of the March 27, 2001 Meeting A regular meeting of the Jamestown Zoning Board of Review was held at the Jamestown Library, 26 North Road. The Chairwoman called the meeting to order 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 Raymond Ianetta Richard Boren Joseph Logan Also present: Brenda Hanna, Stenographer Pat Westall, Zoning Clerk Fred Brown, Zoning Officer James T. Murphy, Counsel Seated: Catherine, Richard A, Thomas, Dennis, and Don. MINUTES Minutes of the February 27, 2001 meeting. A motion was made by Thomas Ginnerty and seconded by Raymond Ianetta to accept the minutes of the February 27, 2001 meeting as presented. The motion carried by a vote of 5 - 0. CORRESPONDENCE A copy of a Special Report re: Communication Towers from Fred Brown. A memorandum from the Conservation Comm. Re:AP 6, Lot 61. A copy of a letter to David Long from Emmet Turley re: the Jamestown Planning Board. A letter from Michelle Pillon requesting a one year extension of a previously granted variance. Pillon A motion was made by Catherine Finney and seconded by Thomas Ginnerty to grant the request of Michelle Pillon, whose property is located at 48-52 Walcott Avenue, and further identified as Tax Assessor's Plat 9, Lot 590 for a one year continuance of a variance previously granted March 28, 2000. This variance was originally granted March 24, 1998 and it is the policy of the Board that applicants may be granted three continuations due to circumstances not within the applicant's control. That policy makes this continuance the last one for this variance. The motion carried by a vote of 5 - 0. OLD BUSINESS Seated: Catherine, Richard A., Don, Raymond, and Joseph. SWAIN A motion was made by Don Wineberg and seconded by Richard Allphin to GRANT the request of David Swain, whose property is located at 79 North Main Road, and is further identified as Tax Assessor's Plat 8, Lot 97 for a Special Use Permit under Article 3, Section 301, Uses and Districts, VI Commercial Retail #10, Swimming Pools, and I. Residential, #10, Mixed Use, in order to expand upon the previously granted approval by enclosing the existing pool, adding a 20.5' x 50' work shop, a 12'x10' addition to the existing building, an apartment within the existing second floor of that same building, removal of conditions 1 and 4, and modification of conditions 3, 5 and 11 of the Zoning Board approval dated April 23, 1997. This Board has determined that this application DOES satisfy the requirements of ARTICLE 6, SECTION 600 AND 602. The Board has also determined that the doctrine of administrative finality does not apply to this case for the reasons set forth in the February 23, 2001 letter of James Murphy, Town Solicitor to Fred Brown, Building Official, including the fact that this application does not seek relief from a previous denial and the 1997 approval specifically contemplated re-application to this Board to permit public swimming. The Board found the testimony of the applicant's real estate expert compelling and therefore concludes that the project would not likely diminish the value or use of adjacent properties. This Special Use Permit is granted with the following restriction(s): 1. The pool will be available for public purposes only Monday through Friday. 2. The pool may be heated. 3. The pool may be open for public purposes between the hours of 9:00 a.m. and 7:00 p.m. 4. All conditions of the Planning Board approval are hereby incorporated by reference. 5. Approval is limited to construction of the project in accordance with the plans as submitted. 6. This approval is conditioned on the Applicant presenting the increased water use from showers to the Water & Sewer Board and obtaining their approval for such increased water use. 7. No more than twenty (20) persons may be in the pool at one time. 8. The Proposed Workshop may be used only for storage or maintenance of equipment used in Applicant's business as presently conducted. 9. The applicant must install vegetative screening and/or fencing as required by the Planning Commission. This motion is based on the following findings of fact. 1. Said property is located in a CL zone and contains 30,000 square feet. 2. There was uncontraverted expert evidence that the construction applied for would not increase the existing water problems noted by neighbors. 3. An independent municipal pool may not be feasible. 4. The pool use remains subordinate to the principal use of the property, i.e. the operation of a dive and kayak shop. The motion carried by a vote of 5 - 0. A motion was made by Catherine Finney and seconded by Don Wineberg to send a recommendation to the Planning Board that requires the applicant, Ocean State Scuba, to install appropriate screening, buffering and/or fencing, extent and type to be determined by the Planning Board in their final approval process. The motion carried by a vote of 5 - 0. Sheahan Seated: Catherine, Richard A., Dennis, Don, & Richard B. A motion was made by Catherine Finney and seconded by Dennis Grieco to continue the application of Gail Sheahan to the April 24, 2001 meeting due to the late hour. The motion carried by a vote of 5 - 0. NEW BUSINESS Seated: Richard A., Thomas, Dennis, Don, and Raymond. Boghossian A motion was made by Don Wineberg and seconded by Raymond to continue the appeal of Paul O. Boghossian and David M. Boghossian, to the May 22, 2001 meeting (they were not able to attend the April 24, 2001 meeting) due to the late hour. The motion carried by a vote of 5 - 0. Hazard 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 Charles M and Donna K Hazard to the April 24, 2001 at the request of the applicant to allow the applicant time to address concerns of neighbors. The motion carried by a vote of 5 - 0. MTM Investment Corp. A motion was made by Catherine Finney and seconded by Thomas Ginnerty to continue the application of MTM Investment Corp. to the April 24, 2001 meeting at the request of the Conservation Commission to allow them time to review the application, make a site visit to the property, and make a recommendation to the Zoning Board. The motion carried by a vote of 5 - 0. ADJOURNMENT A motion was made to adjourn at 11:40 p.m. The motion carried unanimously.