JAMESTOWN ZONING BOARD OF REVIEW

Minutes of the July 23, 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 7:04 p.m. The clerk called the roll and noted the following members present:

Richard Allphin

Dennis Grieco

Don Wineberg

Raymond Iannetta

Richard Boren

Joseph Logan

Also present: Brenda Hanna, Stenographer

Pat Westall, Zoning Clerk

Fred Brown, Zoning Officer

Bruce Leach, Counsel

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

MINUTES

Minutes of the June 25, 2002 meeting.

A motion was made by Don Wineberg and seconded by Richard Boren to accept the minutes of the June 25, 2002 meeting as amended to read on page #6 "Altamira" and on page #7 "Affidavit".

The motion carried by a vote of 5 – 0.

CORRESPONDENCE

RI C.R.M.C. Coastal Features Volume 10, Issue 3, Spring 2002

A letter from Bernard Jackvony dated July 10, 2002 re: Jamestown Place.

A letter from Quentin Anthony dated July 11, 2002 re: Jamestown Place Associates.

A letter from Linda Martino dated July 12, 2002 re: Osprey Creek, LLC.

A letter from Joseph Palumbo dated July 19, 2002 re: Michael P. Dutton et al.

A letter from Bernard Jackvony dated July 22, 2002 re: Richard and Patricia Eannarino.

NEW BUSINESS

Jamestown Place Assoc. LLC

(Knowles Court)

Jamestown Place Assoc. LLC

(Narragansett Avenue)

Jamestown Place Assoc.LLC

(Combined Lots)

A motion was made by Don Wineberg and seconded by Richard Boren to continue the three applications of Jamestown Place Associates, LLC to the August 27, 2002 meeting at the request of the attorney for the applicant and the applicant.

The motion carried by a vote of 5 – 0.

Osprey Creek

A motion was made by Dennis Grieco and seconded by Raymond Iannetta to continue the application of Osprey Creek to the August 27, 2002 meeting at the request of the applicant.

The motion carried by a vote of 5 – 0.

Dutton

A motion was made by Dennis Grieco and seconded by Raymond Iannetta to continue the application of Michael P. Dutton to the August 27, 2002 meeting at the request of their attorney.

The motion carried by a vote of 5 – 0.

Hanners

A motion was made by Richard Boren and seconded by Dennis Grieco to deny the request of Michael R. & Frances A. Hanners, whose property is located at 108 Southwest Ave., and further identified at Tax Assessor’s Plat 9, Lot 26 for a variance from Article 3, Section 3.11 (Maximum Size of Accessory Structures) and Article 3, Table 3-2 (District Dimensional Regulations) to convert existing house and out buildings into accessory structures.

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, Paragraph 2.

This motion is based on the following findings of fact:

1. Said property is located in a R20 zone and contains 87,700 +/- sq. ft.

2. The Hanners want to construct a new home on 2 acres and keep 4 accessory structures including an existing house, an existing garage and 2 sheds for a total of 5 structures.

3. The Hanners propose to use a 960 sq. ft. existing house as an art studio to produce art to be sold off premises.

4. This 960 sq. ft. building constitutes a customary home occupation, which is limited to 200 ft.

5. Although the Hanners stipulate to limiting the art studio to 200 ft., the enforcement may not be possible.

6. The living space at the new proposed home is 3,015 ft. The existing house which the Hanners wish to keep and use as an accessory structure is greater than 600 ft. and greater than 30% of net gross living area. See Section 311.

7. Mr. Hanners and his engineer have testified that the proposed home could be built of a size to include the art studio, but chose not to do so.

8. There exist other reasonable alternatives for the Hanners to enjoy the permitted use.

The motion carried by a vote of 4 – 1.

Don Wineberg voted against the motion to deny.

Sullivan

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

Dennis Grieco recused himself.

A motion was made by Joseph Logan and seconded by Richard Boren to grant the request of Suzanne B. Sullivan, whose property is located at 4 Hull Cove St., and further identified as Tax Assessor’s Plat 12, Lot 101 for a variance from Article 3, Section 302 (District Dimensional Regulations) to construct an addition to an existing dwelling which will be 4’-3"+/- from the south boundary line, instead of the required 30’ 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 13,450 sq. ft.

2. The existing living area footprint will not expand. Only the carport and deck will add to the total footprint.

3. The height of the structure will not be increased beyond the existing 24 ft.

4. Four neighbors supported the request.

5. One neighbor objected on the basis of a possible loss of view.

The motion carried by a vote of 5 – 0.

Bal

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

A motion was made by Dennis Grieco and seconded by Don Wineberg to grant the request of Anne T. Bal, whose property is located at 2 Seaside Dr., and further identified as Tax Assessor’s Plat 14, Lot 387 for a variance from Article 3, Section 311(Maximum Size of Accessory Structures) to construct a detached garage of 768 sq. ft. while maintaining an existing shed of 248 sq. ft. for a total of 1,016 sq. ft. of accessory structure wherein 600 sq. ft. is allowed by ordinance as shown on plans submitted.

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 R40 zone and contains 21,433 sq. ft.

2. The applicants have no garage presently and are unable to store much in their basement, because it is wet.

3. The proposed structure will be within all setbacks.

4. There were no objectors.

The motion carried by a vote of 5 – 0.

Daft

A motion was made by Raymond Iannetta and seconded by Dennis Grieco to grant the request of Timothy and Darlene Daft, whose property is located at 135 Sloop St., and further identified as Tax Assessor’s Plat 3, Lot 457 for a variance from Article 3, Table 3-2 (District Dimensional Regulations) to construct an open deck which will be 14 feet from the rear lot line instead of the required 30 ft 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 7,200 sq. ft.

2. There is an approximate drop of 10’ from the existing slider off the kitchen

3. This drop off poses a hazard for the Daft’s current and future children.

4. There is an extensive 100’ buffer between the applicant’s property line and abutter’s residence.

5. The hardship is not a result of any prior action of the applicant and is subject to the unique character of the home.

6. This granted variance will not change the character of the neighborhood.

The motion carried by a vote of 5 – 0.

Brennan

A motion was made by Don Wineberg and seconded by Dennis Grieco to grant the request of Robert W. & Crystal J. Brennan, whose property is located at 503 Seaside Dr., and further identified as Tax Assessor’s Plat 3, Lot 25 for a variance from Article 3, Table 3-2 (District Dimensional Regulations) to construct a new dwelling which will be 18 ft. from the front property line, wherein 30’ is required and 8’-6" from the corner side property line, wherein 20’ is required 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 restriction that the new house, including decks, shall be located on the lot precisely as indicated on the plans submitted.

This motion is based on the following findings of fact:

1. Said property is located in a R40 zone and contains 4,950 +/- sq. ft.

2. The buildable envelope for this very small lot does not support practical construction of a replacement house without zoning relief.

3. Constructing a house more fully in the buildable envelope would move the house north and completely obstruct the view of a neighbor who wrote to the Board requesting that her view be protected.

The motion carried by a vote of 5 – 0.

ADJOURNMENT

A motion was made by Raymond Iannetta and seconded by Dennis Grieco to adjourn at 10:10 p.m.

The motion carried unanimously.