***** 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.