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

JAMESTOWN ZONING BOARD OF REVIEW

Minutes of the November 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 7:06 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

Minutes of the October 22, 2002 meeting.

A motion was made by Thomas Ginnerty and seconded by Don Wineberg to accept the minutes of the October 22, 2002 meeting as presented.

The motion carried by a vote of 5 – 0.

CORRESPONDENCE

A letter dated Nov. 20, 2002 from Dennis Webster re: noise ordinance.

NEW BUSINESS

Dutton

A motion was made by Thomas Ginnerty and seconded by Don Wineberg to continue the appeal of Michael P. Dutton and Janice Ryng-Dutton to the January 28, 2002 meeting.

The motion carried by a vote of 5 – 0.

DiBiase

As there was no one at the meeting for this application and a new application has been filed, this will be removed from the agenda.

SeaDish, Ltd.

A motion was made by Thomas Ginnerty and seconded by Don Wineberg to continue the application of SeaDish, Ltd. to the Dec. 17, 2002 meeting as the request of the attorneys.

The motion carried by a vote of 5 – 0.

George Tournas

A motion was made by Thomas Ginnerty and seconded by Don Wineberg to continue the appeal of George Tournas to the Dec. 17, 2002 meeting as the request of the attorneys.

The motion carried by a vote of 5 – 0.

Seadish, Ltd. & 14 Narr. Ave.

A motion was made by Thomas Ginnerty and seconded by Don Wineberg to continue the application of SeaDish, Ltd. & 14 Narr. Ave. to the Dec. 17, 2002 meeting as the request of the attorneys.

The motion carried by a vote of 5 – 0.

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

Berry

A motion was made by Thomas Ginnerty and seconded by Don Wineberg to deny the request of David E. Berry et ux, whose property is located at 103 Howland Ave., and further identified as Tax Assessor’s Plat 9, Lot 730 for a variance from Article 3, Section 3-2 (District Dimensional Regulations) to construct an addition to an existing dwelling which will be 3’ from the northerly property line wherein 10’ is required.

This Board has determined that this application does not 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 in a R20 zone and contains 40,457 sq. ft.
  2. The relief being sought is not the least relief necessary as defined by Section 606.
  3. The applicant stated that there exist viable alternatives for the location of the proposed addition.
  4. Three objectors spoke against the application and one wrote a letter.

The motion to deny carried by a vote of 5 – 0.

Bullock

A motion was made by Don Wineberg and seconded by Richard Boren to grant the request of Polly P. Bullock, whose property is located at 129 Walcott Ave., and further identified as Tax Assessor’s Plat 9, Lot 651 for a variance from Article 3, Section 302 (District Dimensional Regulations) to build a first floor addition 22.5’ from the front lot line instead of the required 40 ft. and to build a 2nd floor balcony 13 ft. from the side lot line instead of the required 20 ft.

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 4, (least relief necessary).

This motion is based on the following findings of fact:

  1. Said property is located in a R40 zone and contains 40,232 sq. ft.
  2. The construction is as far away as possible from the closest neighbor and the street.
  3. The construction does not increase the house’s encroachment into the required setbacks.
  4. Due to the house’s construction prior to zoning requirements, virtually the entire house is already in the required setback areas and therefore any alteration would require a variance. In that context, the applicant requested the least relief necessary.

The motion carried by a vote of 5 – 0.

ADJOURNMENT

A motion was made and seconded to adjourn at 8:15 p.m.

The motion carried unanimously.