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

JAMESTOWN ZONING BOARD OF REVIEW

Minutes of the April 24, 2001 Meeting

A regular meeting of the Jamestown Zoning Board of Review was held at the
Lawn Avenue School, 55 Lawn Avenue.
      The meeting was called to order by the Vice-Chair at 7:10 p.m.  The
clerk called the roll and noted the following members present:

Richard Allphin
Dennis Grieco
Don Wineberg
Richard Boren
Joseph Logan

Catherine Finney and Thomas Ginnerty arrived later.

Also present:

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

Seated: Richard A., Dennis, Don, Richard B., and Joseph.

MINUTES

Minutes of the March 27, 2001 meeting.

A motion was made by Don Wineberg and seconded by Richard Boren to accept
the minutes of the March 27, 2001 meeting as presented.

The motion carried by a vote of 5 - 0.

CORRESPONDENCE

RI CRMC Coastal Features Volume 9, Issue 2 Winter, 2001

Copy of a RI DEM Insignificant Alteration-Permit re: AP 4,Lot 6.
Correspondence cont.

A letter from James Hyman re: David Swain d.b.a. Ocean State Scuba Special
Use Application requesting that the Board of Review annul its decision of
March 27, 2001, hire independent Counsel, and reconsider the matter.
     This letter was referred to the Town Solicitor.

A letter from Andrew Teitz requesting a continuance of the MCF
Communications application.

MCF Communications

A motion was made by Don Wineberg and seconded by Dennis Grieco to
continue the application of MCF Communications to the May 22, 2001 meeting
in order to provide the opportunity for the Planning Board to review the
proposed construction under Development Plan Review at their May 2, 2001
meeting.

The motion carried by a vote of 5 - 0.

NEW BUSINESS

Seated: Richard A., Dennis, Don, Richard B. and Joseph.

Hazard

A motion was made by Dennis Grieco and seconded by Joseph Logan to grant
the request of Charles M and Donna K Hazard, whose property is located at
4 Hawthorne Rd., and further identified as Tax Assessor's Plat 8 , Lot 196
for a variance from Article 3, Table 3-2 (District Dimensional
Regulations) to construct a north addition seven  feet from the north side
lot line instead of the required 10 feet and twenty six and a half feet
from the east front lot line instead of the required thirty feet; to
construct a porch addition three feet from the north side lot line instead
of the required ten feet; and to construct a south addition to the house
twenty feet from the east front lot line instead of the required thirty
feet as shown on plans submitted.
Hazard cont.

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 17,925.24  sq. ft.

2. The proposed additions intrude minimally on the setback area and are
designed to maintain the balance and historic appearance of the house.

3. The proposed additions have been designed in an attempt not to impede
the existing visions of neighbors or alter the appearance of the historic
neighborhood in which the house is located.

The motion carried by a vote of 5 - 0.

Boyle

A motion was made by Joseph Logan and seconded by Dennis Grieco to grant
the request of Joyce Antoniello et Kenneth J. Boyle, whose property is
located at 35 Columbia Avenue, and further identified as Tax Assessor's
Plat 9, Lot 126 for a variance from Article 3, Section 302 (District
Dimensional Regulations)  to construct  a deck 5' from the side lot line
instead of the required 7' and to construct a front porch 4' from the
front lot line instead of the required 15'as shown on plans submitted. 

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 front porch can be
no wider than 8' i.e. must be setback 8' from the front lot line.

This motion is based on the following findings of fact:

1.Said property is located in a R8 zone and contains 13,200 sq. ft.

2. No relief is granted for a fence exceeding the height allowed by the
zoning ordinance.

3. The deck will replace and be somewhat longer than the previous deck and
will be setback from the north side, the same distance as the house.

4. Two people spoke in favor of the request and one person wrote a letter
in opposition.

The motion carried by a vote of 5 - 0.

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

MTM Investment Corp.

A motion was made by Richard Allphin and seconded by Don Wineberg to
continue the application of MTM Investment Corp.
     to the May 22, 2001 meeting due to the late hour.

The motion carried by a vote of 5 - 0.

SHEAHAN

A motion was made by Dennis Grieco and seconded by Richard Boren to deny
the request of Gail M. Sheahan, whose property is located at 95 Clinton
Ave., and further identified as Tax Assessor's Plat 9, Lot 311 for a
Special Use Permit under Article 3, Section 3-1 VII Commercial Services,
#8., for the purpose of establishing an adult Day Care Center.

This Board has determined that this application does not satisfy the
requirements of Article 6, Section 600 and 602.

This motion is based on the following findings of fact:

1. Said property is located in a R8 zone and contains 21,800 sq. ft.

2. The property is located on a quiet, dead-end street in a purely        
residential neighborhood.

3. The street is only 181/2 feet wide with no sidewalks.

4. The applicant testified that the van for the proposed adult day care
would make 4 - 5 trips per day.

5. There is planned to be 12 clients and 3 staff members on site during
hours of operation, Monday through Saturday and on holidays.

6. The van would leave to pick up clients at approximately 7 a.m. and the
last would leave to drop off clients between 5 - 6 p.m.

7. These van trips, potential visits by client's families, deliveries,
arrival and leaving of staff and other visits would result in a
substantial increase in traffic on the subject street.

8. The parking and drive area will cover a substantial portion of the
site.

9. The applicant is unable to meet the screening required by 304 on the
north boundary of the property because the driveway abuts that boundary
line.

10. The applicant has not met the burden of showing that the increase in
traffic, coverage of site with parking and drive areas and intensification
of use that would result if the application was granted would not
substantially and permanently impair the otherwise purely residential use
of the surrounding neighborhood.

11. The use proposed by the applicant is not compatible with the
surrounding residential properties.

The motion to deny carried by a vote of 4 - 1.

Don Wineberg voted against the motion to deny.

ADJOURNMENT 

A motion was made to adjourn at 10:30 p.m.

The motion carried unanimously.