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.