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

JAMESTOWN ZONING BOARD OF REVIEW

Minutes of the September 23, 2003 Meeting

A regular meeting of the Jamestown Zoning Board of Review was held at the Jamestown Melrose School, 76 Melrose Avenue. The meeting was called to order by the Chairman at 7:05 p.m. The stenographer called the roll and noted the following members present:

Richard Allphin

Thomas Ginnerty

Don Wineberg

Richard Boren

Joseph Logan

Also present: Brenda Hanna, Stenographer

Fred Brown, Zoning Officer

J. William W. Harsch, Counsel

MINUTES

Minutes of the August 26, 2003 meeting.

A motion was made by Thomas Ginnerty and seconded by Joseph Logan to accept the minutes of the August 26, 2003 meeting as presented.

The motion carried by a vote of 5 – 0.

Seated on all matters: Richard A., Thomas, Don, Richard B. and Joseph.

NEW BUSINESS

Asciolla

A motion was made by Thomas Ginnerty and seconded by Joseph Logan to deny the appeal of Maria Margaret Asciolla, whose property is located at 455 Davit St., and further identified as Tax Assessor’s Plat 3a, Lot 399, pursuant to Article 5, Section 503 from a determination by the Zoning Officer regarding the maintenance of a fence greater than six feet in height.

This motion is based on the following findings of fact:

1. Said property is in an R40 zoning district and contains 21,600 sq. ft.

2. That the evidence clearly shows that the applicant placed a series of boulders along a section of the property boundary and then back filled with soil which created a mound upon which a 6 ft. fence was erected.

3. That measuring from the natural contour of the land the height of the mound is approximately 5 ft. and above that was erected a 6 ft. fence.

4. That the actions of the appellant are in violation of 306 D.

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

Perik

A motion was made by Don Wineberg and seconded by Thomas Ginnerty to grant the request of Michael and Elizabeth Perik, whose property is located at 10 &12 High St., and further identified as Tax Assessor’s Plat 9, Lot 380 for a Special Use Permit under Article 7, Sections 703 & 704, (Non-Conforming Uses) in order to construct a 1561 sq. ft. addition to the main house while maintaining the existing guest apartment, therefore the applicant is seeking to modify the previously granted (1991) variance.

This Board has determined that this application does satisfy the requirements of Article 6, Section 600 and 602.

Perik cont.

This special use permit is granted with the following restrictions:

1. The accessory apartment is to be used only for family and guests of the owners and no rent or other payment are to be made.

2. The landscaping shall be installed and maintained to preserve neighbors’ existing water views, including the first floor of the neighbors immediately to the west of the subject property.

3. The owners shall prohibit trades people and guests from obstructing neighbors parking.

This motion is based on the following findings of fact:

1. Said property is located in a R40 zone and contains 47,642 sq. ft.

2. The proposed renovation and addition preserve a historically significant house in a way that is sensitive to the architecture and existing uses of the surrounding neighborhood, including use of cedar shingles and wood windows.

3. The owners could have razed the building and built a new structure as a matter of right.

4. With the conditions proposed, the project is particularly consistent with goals of the Town Plan.

5. The applicant will install cisterns and other water saving and erosion control devices.

The motion carried by a vote of 4 – 1.

Richard Boren voted against the motion.

ADJOURNMENT

A motion was made and seconded to adjourn at 9:35 p.m.

The motion carried unanimously.