***** UNAPPROVED MINUTES JAMESTOWN ZONING BOARD OF REVIEW Minutes of the August 28, 2001 Meeting A regular meeting of the Jamestown Zoning Board of Review was held at the Jamestown Library, 26 North Rd. The meeting was called to order by the Chairwoman at 7:03 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 Joseph Logan Also present: Brenda Hanna, Stenographer Pat Westall, Zoning Clerk Fred Brown, Zoning Officer Douglas R. DeSimone, Counsel Seated: Catherine, Richard A., Thomas, Dennis, and Don. MINUTES Minutes of the July 31, 2001 meeting. A motion was made by Thomas Ginnerty and seconded by Raymond Iannetta to amend the minutes of the July 31, 2001 meeting on page #1, the last sentence, change "20.5 feet to 28.5 feet". The minutes as amended were accepted. The motion carried by a vote of 5 - 0. CORRESPONDENCE A letter from Joseph F. Lachut, attorney for Ernest Pullano, requesting a continuance of his petition. NEW BUSINESS Pullano A motion was made by Catherine Finney and seconded by Thomas Ginnerty to continue the application of Ernest Pullano to the September 25, 2001 meeting. The motion carried by a vote of 5 - 0. Frederick Brown suggested the Board continue Pullano to the October 23, 2001 meeting because of the length of the September 25, 2001 agenda. A motion was made by Catherine Finney and seconded by Dennis Grieco to continue the application of Ernest Pullano to the October 23, 2001 meeting. The motion carried by a vote of 5 - 0. Stolarz A motion was made by Dennis Grieco and seconded by Don Wineberg to grant the request of Thomas E. Stolarz, whose property is located at 701 East Shore Rd., and further identified as Tax Assessor's Plat 2, Lot 122 for a variance from Article 3, Section 306(D) to permit those portions of the existing wooden stockade-style fence along the applicant's southern property line that exceeds six (6') feet in height, as measured from the original or undisturbed grade. This Board has determined that this application does satisfy the requirements of Article 6, Section 600; Section 606, Paragraphs 1 through 4; and Section 607, Paragraph 2. This motion is based on the following findings of fact: 1. Said property is located in a RR80 zone and contains 2.01 acres. 2. The fence was constructed in order to shield the applicant's home from the lights on his neighbor's property. 3. The sections of the fence above 6' were constructed at that height so that the top of the fence would be level throughout. 4. The highest portion of the fence is approximately 6' 8". 5. This decision is not a determination of the ownership of the land on which the fence is located. The motion carried by a vote of 5 - 0. Colognese A motion was made by Richard Allphin and seconded by Thomas Ginnerty to grant the request of Andrea Colognese & Doriana Carella, d.b.a Village Hearth Bakery, whose property is located at 2 Watson Ave., and further identified as Tax Assessor's Plat 8, Lot 774 for a variance from Article 1, Section 103, Definitions, #29 to allow a wood-fired bakery as a customary home occupation using 600 sq. ft. (200 allowed) with 2 signs on the premises as shown on plans submitted. This Board has determined that this application does satisfy the requirements of Article 6, Section 600; Section 606, Paragraphs 1 through 4; and Section 607, Paragraph 2. This variance is granted with the following restrictions: 1. The bakery will be owned and operated by the resident owner of the property. 2. The provisions called out in the June 20, 2001 approval letter from the R. I. Department of Health will be incorporated in the plans 3. No wood will be stored in the front yard. This motion is based on the following findings of fact: 1. Said property is located in a CL zone and contains 7,000 sq. ft. 2. The project required a category A Development Plan Review by the Jamestown Town Planner. This was approved on June 4, 2001. 3. Permission was granted by the Jamestown Water and Sewer Board for the utilities required for the bakery. 4. There will be two signs that conform to the zoning ordinance. 5. No one opposed this request. 6. There will be one oven. The motion carried by a vote of 5 - 0. Williams A motion was made by Don Wineberg and seconded by Richard Allphin to grant the request of Basil and Anna Williams, whose property is located at 30 Bay View Drive, and further identified as Tax Assessor's Plat 8, Lot 265, for a variance from Article 3, Section 302 (District Dimensional Regulations Accessory Buildings) Table 3-2, to build a new garage with a second floor bedroom and bathroom and a covered connector to the existing house which will be 4' from the front property line instead of the required 30' as shown on plans submitted. The new garage footprint is 550 square feet. This Board has determined that this application does satisfy the requirements of Article 6, Section 600; Section 606, Paragraphs 1 through 4; and Section 607, Paragraph 2. This variance is granted with the restriction that the closet indicated in the bedroom shall be built as submitted in the application and no refrigerator, sink, counter, or other food preparation facilities shall be installed on the second floor, although a sink may be installed in the bathroom. This motion is based on the following findings of fact: 1. Said property is located in a R20 zone and contains approximately 24,000 sq. ft. 2. The owners had a right to build this building as a matter of right in another location which would have blocked neighbor's views of the water, while building the structure in the site proposed would not diminish any neighbor's views. 3. One neighbor supported the project and one expressed concern about preventing the structure from becoming a dwelling unit. The motion carried by a vote of 4 - 1. Dennis Grieco voted against the motion. Morenzi A motion was made by and seconded by Thomas Ginnerty and seconded by Don Wineberg to grant the request of Nick and Andria Morenzi, whose property is located at 112 East Shore Rd., and further identified as Tax Assessor's Plat 7, Lot 173 for a variance from Article 3, Section 302 (District Dimensional Regulations) to construct an addition, which will be 12' 6" from the north property line instead of the required 20' as shown on plans submitted. This Board has determined that this application does satisfy the requirements of Article 6, Section 600; Section 606, Paragraphs 1 through 4; and Section 607, Paragraph 2. This motion is based on the following findings of fact: 1. Said property is located in a R40 zone and contains 24,370 +/- sq. ft. 2. The proposal does not encroach further on setback requirements. 3. That this is the best plan available for expansion considering the present design of the structure. 4. No objections were presented. 5. The closest abutting neighbor spoke in support. The motion carried by a vote of 5 - 0. ADJOURNMENT A motion was made Catherine Finney and seconded by Thomas Ginnerty to adjourn at 9:15 p.m. The motion carried by a vote of 5 -0.