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

JAMESTOWN ZONING BOARD OF REVIEW

Minutes of the July 24, 2001 Meeting
 
A regular meeting of the Jamestown Zoning Board of Review was held at the
Jamestown School, 76 Melrose Ave.
      The meeting was called to order by the Chairwoman at 7:05 p.m.  The
clerk called the roll and noted the following members present:

Catherine Finney
Richard Allphin
Thomas Ginnerty
Don Wineberg
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, Richard B, and Joseph.

MINUTES

Minutes of the June 26, 2001 meeting.

A motion was made by Thomas Ginnerty and seconded by Richard Allphin to
accept the minutes of the June 26, 2001 meeting as amended on page #4
change "to existences and the technical" to 
"to the existence and technical" and on page #5 change "adjourn at 8:55"
to "adjourn at 11:23".

The motion carried by a vote of 5 - 0.

CORRESPONDENCE

CRMC Coastal Features Volume 9, Issue 3 Spring, 2001.

CRMC Coastal Features Volume 9, Issue 4 Summer, 2001.

A copy of a Community Profile Census 2001 from State Data Center dated
July 17, 2001.
Correspondence cont.

A letter from Joseph Lachut representing Ernest Pullano requesting that
his June 26, 2001 hearing be continued.

Pullano

A motion was made by Catherine Finney and seconded by Thomas Ginnerty to
continue the application of Ernest Pullano to the August 28, 2001 meeting.

The motion carried by a vote of 5 - 0.

A letter from Turner Scott representing Paul Boghossian requesting a
continuance of the August 28, 2001 hearing re: Garage Encroachment and a
letter requesting the same re: Garden Terrace.

Boghossian

A motion was made by Catherine Finney and seconded by Thomas Ginnerty to
continue the application of Paul Boghossian to the September 25, 2001
meeting.

The motion carried by a vote of 5 - 0.

A letter from Barbara Morse requesting a continuance of a previously
granted variance.

Morse

A motion was made by Catherine Finney and seconded by Thomas Ginnerty to
grant a one year continuance of the previously granted variance of August
23, 2000.

The motion carried by a vote of 5 - 0.

A letter from Joseph Olaynack representing Thomas Stolarz requesting a
continuance of the July 31, 2001 hearing.

Stolarz

A motion was made by Catherine Finney and seconded by Thomas Ginnerty to
continue the application of Thomas Stolarz to the August 28, 2001 meeting.

The motion carried by a vote of 5 - 0.
Correspondence cont.

A letter from James Blink representing Mr. & Mrs. William Bucklin
requesting an extension of the Zoning Board approval for the Bucklin
residence project.

Bucklin

A motion was made Catherine Finney and seconded by Thomas Ginnerty to
grant a one year extension of a previously granted Special Use Permit of
July 26, 2000.

The motion carried by a vote of 4 - 1.

Richard Allphin voted against the motion. 

NEW BUSINESS

Hedgpeth & Marsh

A motion was made by Richard Allphin and seconded by Thomas Ginnerty to
grant the request of Theodore J. Hedgpeth and Georgia Marsh, whose
property is located at 26 Green Lane, and further identified as Tax
Assessor's Plat 9, Lot 241 for a variance from Article 3, Section 311
(Maximum Size of Accessory Structure) in order to place a garden shed of
185 sq. ft. on the property which would surpass the 600 sq. ft. allowed by
ordinance, and a variance from Article 3, Section 306 (Authorized
Departure from Yard Regulations-D) in order to build a fence 7 - 9 feet
high along 75 feet in the north west corner of the property 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 portion of the
fence that will be higher than 6' will be of a "lattice work" nature.

The motion is based on the following findings of fact:

1. Said property is located in an R8 zone and contains .49 acre.

2. The fence will help screen each neighbor's property from the other.

3. The 185 square foot shed exceeds the ordinance allowance for accessory
buildings by a modest amount which is reasonable seeing that the property
area is 22,000 sq. ft. in an 8,000 sq. ft. zone.

4. No one objected to the request.

The motion carried by a vote of 5 - 0.

Bensten

A motion was made by Joseph Logan and seconded by Thomas Ginnerty to grant
the  request of Paul P. Bensten d/b/a Bensten Signworks, LTD., whose
property is located at 26 Douglas St., and further identified as Tax
Assessor's Plat 8, Lot 441 for a variance from Article 3, Table 3-2
(District Dimensional Regulations) to construct an addition to the
existing workshop which will be 10' from the side (north) boundary (30'
required), and 25'3" from the rear (east) boundary (30' required) 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 of installation of opaque
shrubs or fencing as testified to by the applicant and use of
natural-appearing fašade materials.

This motion is based on the following findings of fact:
 
1. Said property is located in a CL zone and contains 13,000 sq. ft. 

2. This is a minimum change to the existing nonconformity.

3. There were no objectors, and one letter in support by 6 abutters.

The motion carried by a vote of 5 - 0.

Muir

A motion was made by Richard Boren and seconded by Thomas Ginnerty to deny
the request of Ann Muir, whose property is located at 9 Clinton Ave.
     Unit #3, and further identified as Tax Assessor's Plat 9, Lot 212-3
for a Special Exception from Article 3, Table 3-1 Permitted Uses, I.
Residential 10.
     Mixed Use to change the use of the 2nd floor to a one-bedroom
apartment, while maintaining the existing hair salon on the 1st floor.

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 CD zone and contains 7,912 sq. ft. 

2. The applicant is seeking a mixed residential/commercial use in a CD
zone wherein the first floor is commercial and the second floor is
residential.

3. There are 5 commercial units in the building.

4. There is a previous problem with parking and ingress and egress for
vehicles.

5. The parking for the building does not presently conform to the zoning
ordinance.

6. There are safety issues with a residential tenant on the second floor
including problems with egress in case of emergency.

7. The owner of 2 units who is also president of the condo association
testified in opposition.

The motion to deny carried by a vote of 5 - 0.

Colognese & Carella

The application of Colgonese & Carella was withdrawn by the applicant.

ADJOURNMENT 

A motion was made by Thomas Ginnerty and seconded by Joseph Logan to
adjourn at 9:02 p.m.

The motion carried by a vote of 5 - 0.