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

JAMESTOWN ZONING BOARD OF REVIEW

Minutes of the October 23, 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
Don Wineberg
Raymond Iannetta
Richard Boren
Joseph Logan

Also present:

Brenda Hanna, Stenographer
Pat Westall, Zoning Clerk
Fred Brown, Zoning Officer
Bruce Leach, Counsel

MINUTES

Minutes of the September 25, 2001 meeting.

A motion was made by Thomas Ginnerty and seconded by Richard Allphin to
accept the minutes of the September 25, 2001 meeting as presented.

The motion carried by a vote of 5 - 0.

CORRESPONDENCE

A memo from the zoning clerk re: terms.

It was noted that the application of Ernest Pullano was inadvertently
omitted from the agenda.
      However, Fred Brown talked to them today and they were not ready to
go forward and requested a continuance.

A motion was made by Catherine Finney and seconded by Thomas Ginnerty to
continue the application of Ernest Pullano to an unspecified date and they
need to re-advertise and re-send certified mail.

Catherine Finney made a motion to amended the motion to change "an
unspecified date" to read "the December 18, 2001 meeting."  The amended
motion was seconded by Thomas Ginnerty.

The amended motion carried by a vote of 5 - 0.

OLD BUSINESS

Seated: Catherine, Richard A., Don, Richard B., and Joseph.

McIntyre

A motion was made by Joseph Logan and seconded by Application of Ruth D.
McIntyre/J.
     Patrick McIntyre, whose property is located at 51 Bryer Ave., and
further identified as Tax Assessor's Plat 8, Lot 219 for a variance from
Article 7, Section 705 (Alteration of a Nonconforming Structure) and
Article 3, Table 3-2 (District Dimensional Regulations) to renovate &
expand an existing garage located approximately 9'-0" from the front lot
line, instead of thirty, and ten feet from the side lot line instead of
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 R20 zone and contains 23,573 sq. ft.

2. The proposed garage roof will be raised 9 feet at the peak and 2'3" at
the eave line.

3. There were 3 neighbors who spoke in favor of the request.

4. One objector has spoken with the applicant who has now agreed to a
landscaping plan which will meet the needs of the objector.

The motion was amended to add: "This variance is granted with the
condition that a mutually agreeable plan for landscaping be worked out
between the applicant and the objecting neighbor.
      The building inspector will verify that the objector has agreed in
writing to the plan."

The amended motion carried by a vote of 5 - 0.

NEW BUSINESS

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

Boghossian

A motion was made by Catherine Finney and seconded by Thomas Ginnerty to
continue the appeal of Paul Boghossian re: Garden Terrace, to the November
27, 2001 meeting.

The motion carried by a vote of 5 - 0.

Campbell-King

A motion was made by Raymond Iannetta and seconded by Thomas Ginnerty to
grant the request of Abigail Campbell-King, whose property is located at
11 Friendship St., and further identified as Tax Assessor's Plat 9, Lot
278 for a variance from Article 3, Section 3-2 (District Dimensional
Regulations), to alter the roofline of a non-conforming structure as shown
on the revised plans submitted.
Campbell-King cont.

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. That the redesign submitted by the applicant is the same or similar to
the design shown in Mr. Melvin A. Whitaker's letter.

2. The redesigned structure will be limited to its present use as a garage
and storage shed.

This motion is based on the following findings of fact:

1. Said property is located in a R8 zone and contains 12,500 sq. ft.
2. 3 neighbors objected to the original design and none to the redesign as
mentioned by Mr. Whitaker.
3. The relief granted is the least relief required and will not alter the
general character of the surrounding area. 

The motion was amended to change restriction #1 to read: "That the
redesign is the same as the revised plan submitted by Ms. Campbell-King
and referenced in Mr. Whitaker's letter.

The amended motion carried by a vote of 5 - 0.

Kalooski/Petit

A motion was made by Richard Allphin and seconded by Raymond Iannetta to
grant the request of Arlene D Kalooski and Charles E. Petit, whose
property is located at 28 Bryer Ave.,  and further identified as Tax
Assessor's Plat 8, Lot 364 for a variance from Article 3, Section 302
(District Dimensional Regulations) to allow the construction of a  single
family home which will be 7.5' from the easterly lot line instead of the
required 10', and 15' from the westerly lot line instead of the required
20'.

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 building shall be
placed on the lot such that it will not require a setback variance on the
east side but will require a variance of 7 1/2 foot on the west side.

This motion is based on the following findings of fact:

1. Said property is located in a R20 zone and contains 12,180 sq. ft.
2. There is a hardship regarding the width of the lot.  The lot is 60'
wide and in order to build other than a very narrow house, a modest
setback variance is necessary.
3. The abutter on the east side asked that the 10' setback on his side be
respected which it will be with the above restriction.
4. The present structure on the land is much closer to the west boundary
than the proposed building.

The motion was amended in paragraph one to remove  "which will be 7.5 feet
from the easterly lot line instead of the required 10 ft, and" to read:
"12.5 ".

The amended motion did not carry by a vote of 3 - 2.

Mr. Ginnerty and Mr. Wineberg voted against the motion.

Liebhauser

A motion was made by Catherine Finney and seconded by Richard Allphin to
continue the application of Steven and Maria Liebhauser to the November
27, 2001 meeting at the request of John Murphy, attorney for the
applicant.

The motion carried by a vote of 5 - 0.

Recca

A motion was made by Raymond Iannetta and seconded by Thomas Ginnerty to
grant the request of John S. Recca (Cathleen Squires, owner), whose
property is located at 139 Walcott Ave., and further identified as Tax
Assessor's Plat 9, Lot 338 for a variance from Article 3, Table 3-2
(District Dimensional Regulations) and Article 7, Section 705 (Alteration
of a Non-conforming Structure) to replace stairway and deck system to 2nd
floor entrance and add (4) roof dormers and 1 deck 8' from left side
instead of 15', and 1' from rear instead of 10' 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 plan is approved as submitted without a kitchen sink.
2. No kitchen facilities are to be added to the structure.

This motion is based on the following findings of fact:

1. Said property is located in a R40 zone and contains 40,000 sq. ft. 
2. The deck and stairway were in total disrepair and had to be removed for
safety reasons.
3. The repairs to the structure will conform to the existing footprint. No
additional setbacks are required.
4. The relief being granted is the least relief required to repair the
structure.

The motion carried by a vote of 5 - 0.

Swett

A motion was made by Catherine Finney and seconded by Richard Allphin to
grant the request of Bradford Swett, whose property is located at 45
Walcott Avenue, and further identified as Tax Assessor's Plat 9, Lot 300
for a special exception from Article 7,

Sections 703 & 706 (Restrictions on Nonconforming Uses & Reconstruction of
a Nonconforming Structure) to demolish the existing principal dwelling, 
and replace it with a new principal dwelling, while maintaining a
secondary dwelling unit on the property as shown on plans submitted.

This Board has determined that this application does satisfy the
requirements of Article 6, Sections 600 and 602.

This Special Use Permit is granted with the following restrictions:

1. CRMC approval be obtained for the project.
2. Construction shall minimally disturb the landscaping and minimize
erosion.

This motion is based on the following findings of fact:

1. Said property is located in a R40 zone and contains 139,350 sq. ft.
2. The existing nonconforming two dwelling use is long standing. The
proposal is an alternative to substantial reconstruction which is required
to keep the main house in a safe condition. 
3. The proposed structure is smaller than the present structure.
4. The petition proposes no change in the degree of nonconformity.
5. The subject property substantially exceeds the required land area in
this zoning district.
      The proposed arrangement is preferable to a subdivision under the
considerations of section 600, particularly paragraphs A, B, D, G, and H.
Three lots could potentially be created.
6. Three neighbors wrote in favor of the petition.  One Jamestown resident
objected.

The motion was amended to add restriction #3 "The proposed residence shall
be no large than 4,400 sq. ft."

The amended motion carried by a vote of 5 - 0.

ADJOURNMENT

A motion was made by Richard Allphin and seconded by Raymond Iannetta to
adjourn at 10:27 p.m.

The motion carried unanimously.