JAMESTOWN ZONING BOARD OF REVIEW

Minutes of the June 4, 2002 Meeting

A special 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 7:03 p.m. The clerk called the roll and noted the following members present:

Richard Allphin

Thomas Ginnerty

Dennis Grieco

Don Wineberg

Raymond Iannetta

Richard Boren

Kathleen Managhan

Also present: Brenda Hanna, Stenographer

Pat Westall, Zoning Clerk

Fred Brown, Zoning Officer

Bruce Leach, Counsel

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

MINUTES

Minutes of the April 23, 2002 meeting.

A motion was made by Thomas Ginnerty and seconded by Richard Boren to accept the minutes of the April 23, 2002 meeting as presented.

The motion carried by a vote of 5 – 0.

Minutes of the May 21, 2002 meeting.

A motion was made by Thomas Ginnerty and seconded by Richard Boren to accept the minutes of the May 21, 2002 meeting as presented.

The motion carried by a vote of 5 – 0.

CORRESPONDENCE

There being no correspondence pertaining to any cases on tonight’s agenda, the Chair moved on to the New Business.

NEW BUSINESS

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

Osprey Creek

A motion was made by Thomas Ginnerty and seconded by Richard Allphin to deny the application of Osprey Creek, LLC, whose property is located at 486 East Shore Rd., and further identified as Tax Assessor’s Plat 4, Lot 39 for a variance from Article 3, Section 302 Table 3-2 (District Dimensional Regulations) to build a new house 12’-6" from the front lot line (40’ required) and 19’ from the side line (30’ required), and to install an ISDS 51’ from freshwater wetlands (150’ required).

This Board has determined that this application does not satisfy the requirements of Article 6, Section 600; Section 606, Paragraphs 1 through 4; and Section 607.

In particular reference to Article 6, Section 606, Paragraph 4 the relief sought is not the least relief necessary, and Section 607, Paragraph 2 that there are reasonable alternatives to enjoy a legally permitted beneficial use of the property.

This motion is based on the following findings of fact:

1. Said property is located in a RR80 zone and contains 13,760 sq. ft.

2. That the architect testified that there was no reason that a reasonable design for a house could not be produced using the present footprint of 20 x 28.

3. That the structure is presently encroaching upon setback requirements and the applicant seeks to extend that encroachment.

Osprey Creek, LLC cont.

4. That the system designer testified that a new ISDS could be designed for a house with the present footprint.

5. That the real estate expert for the objector testified that there was no hardship to the applicant in having the application denied.

6. That there were several neighbors present to object to the application.

The motion to deny carried by a vote of 3 – 2.

Richard A., Thomas, and Raymond voted in favor of the motion.

Dennis and Richard B. voted against the motion.

Kathleen was not seated, Don recused himself, and Joseph was absent.

Jamestown Place Assoc. LLC

Narragansett Avenue

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

A motion was made by Dennis Grieco and seconded by Thomas Ginnerty to continue the application of Jamestown Place Associates, LLC, due to the late hour, to a special meeting June 24, 2002 at the Jamestown Library.

The motion carried by a vote of 5 – 0.

Hanners

A motion was made by Raymond Iannetta and seconded by Thomas Ginnerty to continue the application of Michael R. & Frances A. Hanners to the June 25, 2002 meeting.

The motion carried by a vote of 5 – 0.

McIntyre

A motion was made by Thomas Ginnerty and seconded by Raymond Iannetta to continue the application of J. Patrick McIntyre Jr. to the June 25, 2002 meeting.

The motion carried by a vote of 5 – 0.

ADJOURNMENT

A motion was made and seconded to adjourn at 11:12 p.m.

The motion carried unanimously.