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

JAMESTOWN ZONING BOARD OF REVIEW

Minutes of the February 26, 2002 Meeting

A regular meeting of the Jamestown Zoning Board of Review was held at the Jamestown Library, 26 North Rd. The Chairman called the meeting to order at 7:03 p.m. The clerk called the roll and noted the following members present:

Richard Allphin

Thomas Ginnerty

Don Wineberg

Raymond Iannetta

Richard Boren

Joseph Logan

Kathleen Managhan

Also present: Brenda Hanna, Stenographer

Pat Westall, Zoning Clerk

Fred Brown, Zoning Officer

Bruce Leach, Counsel

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

MINUTES

Minutes of the February 5, 2002 meeting.

A motion was made by Thomas Ginnerty and seconded by Raymond Iannetta to accept the minutes of the February 5, 2002 meeting as presented.

The motion carried by a vote of 5 - 0.

Dutton

A motion was made by Thomas Ginnerty and seconded by Richard B. to continue the Dutton appeal to the March 26, 2002 meeting at the request of their attorney.

The motion carried by a vote of 5 - 0.

CORRESPONDENCE

A copy of a letter from Jeanne & Mark Girard to RI DEM ISDS re: Plat 16, Lot 40.

OLD BUSINESS

Chairman Richard Allphin has recused himself from the Boghossian matters therefore he turned the meeting over to Vice-Chair Thomas Ginnerty at this time.

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

Boghossian Appeal

A motion was made by Don Wineberg and seconded by Joseph Logan to DENY the Appeal of Paul O. Boghossian and David M. Boghossian, Trustees, whose property is located at 1076 East Shore Rd., and further identified as Tax Assessor's Plat 1, Lots 205 A-D pursuant to Article 5, Section 503 from a determination by the Zoning Officer regarding the maintenance of a landscaped stone terrace.

This motion is based on the following findings of fact:

1. Said property is located in an RR 80 zone and contains 100,860 sq. ft.

2. During the 1980's prior owners installed a septic system with a raised, leveled leach field in their yard.

3. When the Boghossians bought their property they were not pleased with the slope and wanted to raise the grade and define the lawn area.

4. Betty Hubbard designed a series of plans.

5. The plan that was implemented was to build approximately 1535 linear feet of stonewalls.

6. The area inside the stonewalls is above the previous grade.

7. The stonewall in height varies from under 6 feet in certain areas to over 11 feet as measured from the outside and toward the water.

Based upon the above findings of fact and the Zoning Ordinance, the following findings of law are made.

1. The Boghossians and the witnesses described the stonewalls as terraces.

2. When terraces are raised in height, they constitute walls under Definition #116 (Article 1, Section 103-Definitions).

3. When terraces such as these constitute walls, they are subject to (Article 3), Section 306 (D), the 6 foot height limitation.

4. The 6 foot height limitation must be measured from the outside, taking the entire yard into consideration from original grade.

(4A) We find that the reference to graded lot in Section 123 is to be most reasonably construed as meaning original grade.

5. The stonewalls constitute an obstruction in violation of the open space requirements of the Jamestown Zoning Ordinance.

6. Based upon the law, the facts and the evidence, there is no tolling, laches or estoppel.

Don Wineberg amended the motion to add number 7 finding of law.

7. To decide otherwise would permit yard structures of unlimited height in zoning districts where buildings have such limitations and would violate the light, air, and space goals of the Zoning Ordinance.

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

Boghossian Variance

A motion was made by Don Wineberg and seconded by Joseph Logan to grant the request of Paul O. and Jennifer C. Boghossian, and David M. Boghossian, Trustees, whose property is located at 1076 East Shore Rd., and further identified as Tax Assessor's Plat 1, Lot 205 A-D for a special use permit under Article 6, Section 603 to alter a previously granted special exception; for a variance from Article 3, Section 302 Table 3-2 (District Dimensional Regulations) to construct a barn-garage 51.3 feet from the front line (100 ft. required) 31.3 feet from the rear line (50 ft. required) and 27 feet high (25 ft. required); and to construct a shed 40 ft. from the front line (100 ft. required) and 1 ft. from the side line (50 ft. required).

Regarding this request, this Board has determined that this application does satisfy the requirements of Article 6, Section 600.

Regarding the request for a Variance, 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.

In particular the hardship involved in moving the foundation would be disproportionate to the impact of the dimensional relief requested under the ordinance.

Regarding the request for a Special Use Permit, this Board has determined that this application does satisfy the requirements of Article 6, Section 602.

This motion is based on the following findings of fact:

1. Said property is located in a RR 80 zone and contains 100,860 sq. ft.

2. The garage mis-siting was inadvertently based on an incorrect site plan.

3. The only objecting neighbor has withdrawn his objection.

4. The current site of the garage is actually further from the main road than was originally approved.

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

Don Wineberg and Joseph Logan voted in favor of the motion.

Thomas Ginnerty, Richard Boren, and Raymond Iannetta voted against the motion.

NEW BUSINESS

Thomas Ginnerty turned the meeting back over to Richard Allphin.

Thomas Ginnety and Raymond Iannetta recused themselves from the Leonard application.

Seated: Richard A., Don, Richard B., Joseph, and Kathleen.Leonard

A motion was made by Joseph Logan and seconded by Richard Boren to grant the request of Barbara Leonard, whose property is located at Ocean Avenue, and further identified as a portion of Lot 396 on Tax Assessor's Plat 8 , for a variance from the dimensional requirement of Definition 67 of Section 103 of the Zoning Ordinance, and Table 3-2 (District Dimensional Regulations) to create a lot with 60 feet of frontage on Bayview Drive West and 50 feet of frontage on Ocean Avenue.

This Board has determined that this application does satisfy the requirements of Article 6, Section 600, Section 606, and Section 607, Paragraphs 2.

This Variance is granted with the following restrictions:

1. A plan showing the proper yard setbacks will be submitted to the Planning Commission.

2. Subject to approval of requested subdivision by the Planning Commission.

This motion is based on the following findings of fact:

1. Said proposed lot is located in a R-20 zone and contains approximately 53,000 sq. ft.

2. There were no objections from the public.

3. There is 110 feet of frontage, which is not contiguous, and not on the same street.

4. The resulting lot is capable of supporting development without further zoning relief.

The motion carried by a vote of 5 - 0.

ADJOURNMENT

A motion was made by Kathleen Managhan and seconded by Joseph Logan to adjourn at 8:51 p.m.

The motion carried 5 - 0.