JAMESTOWN ZONING BOARD OF REVIEW Minutes of the May 22, 2001 Meeting A regular meeting of the Jamestown Zoning Board of Review was held at the Jamestown Library, 26 North Road. The Vice-Chair called the meeting to order at 7:05 p.m. The Vice-Chair called the roll and noted the following members present: Richard Allphin Dennis Grieco Don Wineberg Richard Boren Joseph Logan Also present: Brenda Hanna, stenographer Fred Brown, Zoning Officer Christopher Zangari, Counsel Seated: Richard A., Dennis, Don, Richard B., and Joseph. MINUTES Minutes of the April 24, 2001, meeting. A motion was made by Don Weinberg and seconded by Richard Boren to accept the minutes of the April 24, 2001, meeting as presented. The motion carried by a vote of 5 to 0. CORRESPONDENCE A letter to Fred Brown from Timothy Chaplain, Esquire; request for extension. Motion made by Dennis Grieco and seconded by Don Wineberg. The motion carried by a vote of 5 to 0. A letter to Fred Brown from James Murphy noting the lawsuit that has been filed against the zoning board, served papers, and R. Allphin advised we should send them back by mail; C. Zangari agreed. NEW BUSINESS MTM Investment Corp. A motion was made by Don Wineberg and seconded by Dennis Grieco to grant the request of MTM Investment Corp., (Thomas P. Bray, owner), whose property is located at Beacon Avenue, and further identified as Tax Assessor's Plat 15, Lot 61 for a variance from Article 3, section 308 (150' setback from freshwater wetlands) to construct a 26' X 30' single-family dwelling which will be 50' from the freshwater wetlands wherein 150' is required as shown on plans submitted. The 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 terms and conditions of all RIDEM approvals are to be complied with strictly and are hereby incorporated by reference. This motion is based on the following findings of fact: 1. Said property is located in an R40 zone and contains 15,360 feet. 2. The ISDS and wetlands alterations were reviewed and approved by the relevant State agencies. 3. There was no evidence that the project would exacerbate existing drainage problems or otherwise materially change drainage patterns on the site. 4. The system proposed is highly effective and has reasonable ability to continue to function during power outages and is therefore unlikely to pose a threat to public health if built as designed and properly maintained. 5. Testimony revealed that this is the only location on this property on which a system could be installed at both 100' from the nearest well and 50' from the wetland. 6. Failure to grant this application could reasonably be construed to deprive the owner of all legally permitted beneficial uses of his property. The motion carried by a vote of 4 to 1. Boghossian After hearing in part, a motion was made by Dennis Grieco and seconded by Joseph Logan to continue this matter as requested by the applicant to the next regular meeting. The motion carried 5 to 0. MCF Communications A motion was made by Don Wineberg and seconded by Richard Boren to continue that to the next meeting of the board. The motion carried by a vote of 5 to 0. Peter Ceppi and Peter Scull d/b/a Video Showcase A motion was made by Joseph Logan and seconded by Dennis Grieco to grant the request of Peter Ceppi, owner, and Peter and Kathy Schull d/b/a Video Showcase, tenants, whose property is located at 30 Southwest Avenue, and further identified as Tax Assessor's Plat 9, Lot 814 for a special use permit under Article 3, Section 301 to allow a retail video store. This is a relocation of existing store from an abutting lot. The board has determined that this application does satisfy the requirements of Article 6, Sections 600 and 602. This motion is based on the following findings of fact: 1. Said property is located in an CL zone and contains 24,154 square feet. 2. Activity is the same as in existing adjacent building, which activity will be relocated to the property. 3. There were no objectors, the family testified in favor. 4. There is adequate parking. 5. There are no physical alterations requested. The motion carried by a vote of 5 to 0. Ernest Pullano R. Allphin made a motion and seconded by R. Boren to continue this matter to the next regularly scheduled meeting. This motion carried by a vote of 5 to 0. ADJOURNMENT A motion was made by Dennis Grieco and seconded by Don Wineberg to adjourn at 11:06 p.m. The motion carried unanimously.