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

JAMESTOWN ZONING BOARD OF REVIEW

Minutes of the March 26, 2002 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 Chairman at 7:05 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

MINUTES

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

Minutes of the February 26, 2002 meeting.

A motion was made by Thomas Ginnerty and seconded by Don Wineberg to accept the minutes of the February 26, 2002 meeting as presented.

The motion carried by a vote of 5 - 0.

CORRESPONDENCE

A pamphlet from Grow Smart RI re: training program Making Good Land-Use Decisions.

A post card from RI Statewide Planning Program re: a monthly electronic newsletter.

A pamphlet from Greyfields 2002 re: Summit and workshop Community Renewal & Redevelopment Through Adaptive Reuse.

A letter from the American Cancer Society re: Relay Rally.

A letter from Turner Scott, Esq. Requesting a continuance of the Dutton appeal.

NEW BUSINESS

Dutton

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

A motion was made by Don Wineberg and seconded by Thomas Ginnerty to continue the appeal of Michael P. and Jean Ann Dutton to the April 23, 2002 meeting at the request of Turner Scott, attorney for an abutter.

The motion carried by a vote of 5 - 0.

Jamestown Place

Seated: Richard A., Thomas, Don, Joseph, and Kathleen.

A motion was made by Kathleen Managhan and seconded by Richard Boren to continue the application of Jamestown Place to the April 23, 2002 meeting at the request of their attorney, John Murphy due to the number of items on the agenda, and the time needed for this application.

The motion carried by a vote of 5 - 0.

Brome

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

A motion was made by Raymond Iannetta and seconded by Joseph Logan to grant the request of Dana and Beth Brome for a one-year continuance (May 24, 2003) of a variance originally granted May 25, 2000.

The motion Carried by a vote of 5 - 0.

Bucklin

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

After some testimony from James Blink, representing Mr. Bucklin, Mr. Blink requested a continuance to the April 23, 2002 meeting, as the Board needed more information from Mr. Bucklin.

The motion carried by a vote of 5 - 0.

Baugh

Seated: Richard A., Thomas, Don, Joseph, and Kathleen.

A motion was made by Thomas Ginnerty and seconded by Richard Allphin to grant the request of Samuel Baugh III, whose property is located at 73 Carr Lane, and further identified as Tax Assessor's Plat 4, Lot 32 for a Special Use Permit under Article 3, Sections 301 and 302 (Tables 3-1 and 3-2) and Article 7, Section 704 (Alteration of a Non-Conforming Use) to add a second level (approximately 300 sq. ft. in size) to the house on said premises.

This Board has determined that this application does 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 R200 zone and contains 81,809 sq. ft.

2.That the size residence is inadequate for the needs of the applicant and his son, at 678 sq. ft., creating a hardship.

3.That the applicant has ISDS approval for a new 3-bedroom system.

4.That the applicant is seeking to add a second floor approximately 300 sq. ft. to the present property which will not enlarge the existing footprint on the property.

5.That there were no objectors to the applicant and one neighbor spoke in support - that the remodeling would be consistent with the neighborhood. Item #4 was amended to read 1160011 sq. ft. which is consistent with the evidence presented.

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

Thomas

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

A motion was made by Raymond Iannetta and seconded by Thomas Ginnerty to grant the request of Lowell Thomas, whose property is located at 54 Whittier Rd., and further identified as Tax Assessor's Plat 8, Lot 231 for a variance from Article 3, Section 302 Table 3-2 (District Dimensional Regulations) to add a front entry porch which will be 211 from the front lot line wherein 301 is required.

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

1. Said property is located in a R20 zone and contains 14,100 sq. ft.

2. There is no front entry to the existing structure. Granting this request will give the home a safe front entry near the existing off street parking.

3. Adding a porch and entry would make this home conform to the general character of the neighborhood. Most have front entries, a porch and do not meet the required 30 ft. setback.

4. One abutter, John Zimmerman, spoke in favor of the applicant; no one opposed it.

The motion carried by a vote of 5 - 0.

Roberts

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

A motion was made by Thomas Ginnerty and seconded by Joseph Logan to continue the application of Barbara Roberts to the April 23, 2002 meeting at the request of Mark Liberati, attorney for the applicant.

The motion carried by a vote of 5 - 0.

Loiselle

Seated: Richard A., Thomas, Don, Joseph, and Kathleen.

A motion was made by Kathleen Managhan and seconded by Joseph Logan to grant the request of Stephen & Julie A. Loiselle, whose property is located at 28 Bayberry Rd., and further identified as Tax Assessor's Plat 12, Lot 63 for a Dimensional variance from Article 3, Section 302 Table 3-2, and Section 705 of Article 7 to construct a front porch 18 ft. from the front property line, and an addition above first story 26.5 ft. from the front property line.

This Board has determined that this application does satisfy the requirements of Article 6, Section 600, Section 606, and Section 607, Paragraph 2. In particular reference to Article 6, Section 606, Paragraph 3.

This motion is based on the following findings of fact:

1.Said property is located in a R40 zone and contains 8,000 sq. ft.

2.Proposed improvements will have a front porch 18 ft. from front property line - 30 ft. required.

3.Existing structure is 26.5 ft. from front line and will be unchanged.

4.Two additional stories will be set back further than 18 ft. from front property line.

5.Abutters: 1 couple spoke in favor; commented proposed improvements would be in keeping with neighborhood.

The motion carried by a vote of 5 - 0.

O'Farrell

Seated: Richard A., Thomas, Don, Joseph, and Kathleen.

A motion was made by Don Wineberg and seconded by Thomas Ginnerty to grant the request of Bill and Nona O'Farrell (O'Farrell & Sons LLC, owners), whose property is located at 951 Fort Getty Road, and further identified as Tax Assessor's Plat 11, Lot 7 for a Dimensional Variance from Article 3, Section 303 (Number of Residential Structures Per Lot) to construct/install a kitchen in an existing barn for use as a residence.

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

This variance is granted with the following restrictions:

1.The permission granted by this decision shall terminate automatically if the lot is ever subdivided.

2.This approval is granted only with respect to the small building in the northeast corner of the lot marked on the plan attached to the application located immediately under the number 150.86' on the plan submitted with this application and alternatively referred to in the hearing as the annex, firehouse, and bunkhouse, but not the large "barn" structure indicated on the plan to the southwest of the approved building.

This motion is based on the following findings of fact:

1. Said property is located in an RR80 zone and contains 10 acres.

2.The owners intend their occupancy to be temporary pending their decision on where to locate their permanent residence on the property.

3.The relief granted is less intrusive than the subdivision the owners could create as of right to accomplish the same purpose.

4.Denial could result in the eviction of long-term tenants who provide full time occupancy of the property.

5.The building, which would be occupied, is pre-existing and has a long history of residential use.

6. Two neighbors supported the proposal.

The motion was amended to add restriction #3 The building approved may not be rented or used for any commercial purpose.

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

Kelly

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

A motion was made by Thomas Ginnerty and seconded by Don Wineberg to grant the request of William A. & Mary E. Kelly, in part, but deny the relief for an above ground pool, whose property is located at 76 Reservoir Circle, and further identified as Tax Assessor's Plat 4, Lot 64 for a variance from Article 3, Table 3-2 (District Dimensional Regulations) to construct a two car garage which will be 30' from the front lot line where in 40' is required, an above ground swimming pool which will be 6' from the rear lot line where in 20' is required and 10' from the west lot line where in 20' is required, and a front porch addition which will be 29' from the front property line where in 40' is required.

This Board has determined that this application does satisfy the requirements of Article 6, Section 600, Section 606, 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 21,623 sq. ft.

2.That placement of the proposed garage is limited due to present placement of the residence and the ISDS.

3.That the placement of a front porch is aesthetically desirable and important for family use and placement elsewhere would be a hardship, more than a mere inconvenience.

That the placement of the proposed pool is not the least relief necessary in that other locations on the property are available, thereby denying placement of the pool.

The motion carried by a vote of 5 -0.

Storey

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

A motion was made by Joseph Logan and seconded by Don Wineberg to grant the request of Pamela Storey and James Thompson, whose property is located at 32 Pemberton Ave., and further identified as Tax Assessor's Plat 8, Lot 84 for a variance from Article 3, Section 302 Table 3-2 (District Dimensional Regulations) to use the property as a professional office in a lot containing 12,300 sq. ft., wherein 20,000 sq. ft. is required. Relief from the minimum yard regulations also required.

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

This variance is granted with the following restrictions:

1.That the conditions specified by the planning office in their letter of March 22nd be adhered to.

2. The parking areas remain pervious (i.e. stone).

3. Subject to approval by the water & sewer Board.

This motion is based on the following findings of fact:

1.Said property is located in a CL zone and contains 12,300 sq. ft.

2.Granting of the request is in keeping with the general character of the area.

3.The variance will grant the least relief necessary to enjoy the legally permitted use of this property.

The motion carried by a vote of 4 - 1.

Thomas Ginnerty voted against the motion.

ADJOURNMENT

A motion was made by Kathleen Managhan and seconded by Joseph Logan to adjourn at 10:45 p.m.

The motion carried unanimously.