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

JAMESTOWN ZONING BOARD OF REVIEW

Minutes of the June 26, 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 7:02 p.m.  The
clerk called the roll and noted the following members present:

Catherine Finney
Richard Allphin
Thomas Ginnerty
Dennis Grieco
Don Wineberg
Raymond Iannetta
Richard Boren
Joseph Logan

Also present: 

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

Seated: Catherine, Richard A., Thomas, Dennis, and Don.

MINUTES

Minutes of the May 22, 2001 meeting.

A motion was made by Don Wineberg and seconded by Joseph Logan to accept
the minutes of the May 22, 2001 meeting as presented.

The motion carried by a vote of 5 - 0.

CORRESPONDENCE

A copy of a letter dated June 10, 2001 to the Council Members from Norman
Lawrence re: Bray property.

A copy of a Notice of Violation dated May 30, 2001 to Paul Boghossian re:
Plat 1, Lot 205.

A copy of RI DEM Insignificant Alteration-Permit dated May 1, 2001 re:
Application No. 00-0355 Plat 4, Lot 6.

A copy of complaint and answer dated May 29, 2001 re: Gail Sheahan.

A copy of the advisory opinion given Betty Hubbard by the RI Ethics
Commission re: her request to testify in the Boghossian Appeal.

OLD BUSINESS

Catherine turned the meeting over to Richard Allphin for the Boghossian
appeal.
 
Richard Allphin recused himself from this matter and the meeting was
turned over to Thomas.

Boghossian

Seated: Thomas, Dennis, Don, Raymond, and Richard B.

With Mr. Allphin recusing himself the appeal would have to be heard from
the beginning because it was heard by 5 members including him.  

A motion was made by Dennis Grieco and seconded by Richard Boren to
continue the appeal of Paul O. Boghossian and David M. Boghossian to the
August 28, 2001 meeting.

The motion carried by a vote of 5 - 0.

NEW BUSINESS

The meeting was turned over to Catherine.

Seated: Catherine, Richard A., Thomas, Dennis, and Don.

Raymond recused himself from the MCF Comm. Hearing.

Before starting the MCF hearing Catherine asked if any of the other
applicant would like to request a continuance to the next regular meeting
because it was unlikely they would have time to hear them all this
evening.

Pullano

A motion was made by Catherine and seconded by Thomas to continue the
application of Ernest Pullano to the July 24, 2001 meeting.

The motion carried by a vote of 5 - 0.

Hedgpeth

A motion was made by Catherine and seconded by Thomas to continue the
application of Theodore Hedgpeth to the July 24, 2001 meeting.

The motion carried by a vote of 5 - 0.

Bensten

A motion was made by Catherine and seconded by Dennis to continue the
application of Paul Bensten to the July 24, 2001 meeting.

The motion carried by a vote of 5 - 0.

July 31, 2001 special meeting.

A motion was made by Catherine and seconded by Thomas to have a special
meeting July 31, 2001 to hear the new applicants that have submitted for
the July 24, 2001 because of the length of the agenda.

The motion carried by a vote of 5 - 0.

Muir

A motion was made by Catherine and seconded by Dennis to continue the
application of Ann Muir to the July 24, 2001 meeting.

The motion carried by a vote of 5 - 0.

Colognese

A motion was made by Catherine and seconded by Richard A. to continue the
application of Andrea Colognese to the July 24, 2001 meeting.

The motion carried by a vote of 5 - 0.

MCF Communications

A motion was made by Don Wineberg and seconded by Thomas Ginnerty to DENY
the application of  MCF Communications Inc. (Ralph A. & Marie S.
Jagschitz, owner) whose property is located at 11 Severance Lane, and
further identified as Tax Assessor's Plat 5, Lot 480 for a Special Use
Permit from Article 3, Section 301, Table 3-1, and in accordance with
Sections 305 and 601 to construct a 95' monopole and installation of
antennas and ground equipment within 100' x 100' compound as shown on
plans.

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 RR200 zone and contains 5.67 acres.

2. The combination of a communications tower use on the same lot, as a
residential use is a mixed use prohibited in the RR200 zone pursuant to
Section 301, Table 3-1.

3. The tower would be a visual eyesore and there was no evidence in the
record that such a large-scale tower is the only technologically feasible
method for providing cell phone service on the Island.
      The Board takes notice of evidence placed before it in previous
cases as to existences and the technical feasibility of smaller scale
antenna systems.

4. Denial of the application is necessary to: (1) protect the natural and
scenic character of the town and areas within it; (2) preserve forest and
open space; (3) promote a high level of quality in design and (4) promote
implementation of the goals of the comprehensive plan with respect to
preservation of rural character.

5. The testimony of the real estate expert was not compelling.  Two of the
three studies in his report referenced antennas on existing towers, which
does not provide a comparable basis for the analysis.
      The third study was inconclusive, as its author did not know the
date of construction of the pole relative to the data presented.  The
expert testified that all of his studies were
performed for wireless businesses.
      Lastly, he was inconsistent in his interpretation of the mixed-use
issue.  

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

Dennis voted against the motion.

ADJOURNMENT 

A motion was made to adjourn at 8:55 p.m.

The motion carried unanimously.