Minutes of the December 16, 2003 Meeting
A regular meeting of the Jamestown Zoning Board of Review
was held at the Jamestown Library,
Richard Allphin
Thomas Ginnerty
Richard Boren
Joseph Logan
Kathleen Managhan
David Nardolillo
Also present: Brenda Hanna, Stenographer
Pat Westall, Zoning Clerk
Fred Brown, Zoning Officer
Peter D. Ruggiero, Counsel
MINUTES
Minutes of the
A motion was made by Thomas Ginnerty and seconded by
Kathleen Managhan to accept the minutes of the
The motion carried by a vote of 5 – 0.
Richard Allphin, Thomas Ginnerty, Richard Boren, Joseph Logan, and Kathleen Managhan voted in favor of the motion.
David Nardolillo was not seated and Don Wineberg and Raymond
Iannetta were absent.
CORRESPONDENCE
A letter from Peter DiBiase requesting a one-year extension of a previously granted variance.
A motion was made by Thomas Ginnerty and seconded by Richard Boren to grant a one-year extension (January 1, 2005) of the previously granted variance of Peter DiBiase.
The motion carried by a vote of 5 – 0.
Richard Allphin, Thomas Ginnerty, Richard Boren, Joseph Logan, and Kathleen Managhan voted in favor of the motion.
David Nardolillo was not seated and Don Wineberg and Raymond
Iannetta were absent.
A letter from Polly Bullock requesting a one-year continuance of a previously granted variance.
A motion was made by Thomas Ginnerty and seconded by Richard Boren to grant a one-year continuance (January 1, 2005) of the previously granted variance of Polly Bullock.
The motion carried by a vote of 5 – 0.
Richard Allphin, Thomas Ginnerty, Richard Boren, Joseph Logan, and Kathleen Managhan voted in favor of the motion.
David Nardolillo was not seated and Don Wineberg and Raymond
Iannetta were absent.
A letter from attorney Andrew M.Teitz requesting the application of Edward P. Reynolds et al be continued to the next regular meeting due to an error in the application.
A motion was made by Thomas Ginnerty and seconded by Joseph
Logan to continue the application of Edward P. Reynolds et al to the
The motion carried by a vote of 5 – 0.
Richard Allphin, Thomas Ginnerty, Richard Boren, Joseph Logan, and Kathleen Managhan voted in favor of the motion.
David Nardolillo was not seated and Don Wineberg and Raymond
Iannetta were absent.
NEW BUSINESS
Snell
A motion was made by Thomas Ginnerty and Joseph Logan to
continue the application of Starlet O. Snell to the
The motion carried by a vote of 5 – 0.
Richard Allphin, Thomas Ginnerty, Richard Boren, Joseph Logan, and Kathleen Managhan voted in favor of the motion.
David Nardolillo was not seated and Don Wineberg and Raymond
Iannetta were absent.
Longvue Ent.
Attorney Quentin Anthony requested that the application of Longvue Enterprises LLC, be withdrawn without prejudice. So moved by Richard Boren and a vote of 5 – 0.
Richard Allphin, Thomas Ginnerty, Richard Boren, Joseph Logan, and Kathleen Managhan voted in favor of the motion.
David Nardolillo was not seated and Don Wineberg and Raymond
Iannetta were absent.
A motion was made by Joseph Logan and seconded by Richard Boren to grant the request of Jeanne K. Spinosa, whose property is located at 74 Southwest Ave., and further identified as Tax Assessor’s Plat 9, Lot 382 for a variance from Article 3, Table 3-2 (District Dimensional Regulations) to construct an addition that will be 8.7 feet from the corner side where 15 feet 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, and Section 607, Paragraph 2.
This variance is granted with the restriction that this modified structure will be used exclusively as a single-family residence with only one kitchen.
This motion is based on the following findings of fact:
1. Said property is located in a CL zone and contains 11,271 sq. ft.
2.
The new structure will not encroach on the
setback more than the existing structure does, and is actually less of an
encroachment than the existing structure.
3.
The application makes use of an existing
structure, which would be otherwise destroyed.
4.
The neighbor to the north objected to the variance
in general and to not being consulted, although she was properly notified.
5.
The addition will fit logically with the
existing structure.
The motion carried by a vote of 5 – 0.
Richard Allphin, Thomas Ginnerty, Richard Boren, Joseph Logan, and Kathleen Managhan voted in favor of the motion.
David Nardolillo was not seated and Don Wineberg and Raymond
Iannetta were absent.
A motion was made by Richard Boren and seconded by Joseph Logan to grant the request of Steven S. Munger, whose property is located at 27 Douglas St., and further identified as Tax Assessor’s Plat 8, Lot 425 for a special use permit under Article 3, Section 301, Uses and Districts, I. Residential, #10 to allow for a mixed use consisting of a single family residence and a general office utilizing 400 sq. ft. of floor area as shown on plans submitted.
This Board has determined that this application does satisfy the requirements of Article 6, Sections 600 and 602.
This Special Use Permit is granted with the following restrictions:
1. No parking will be permitted in the northeast corner of the lot.
2. The approval is per the plans and limited thereto which shall be marked as Exhibit A, except for the front lot parking restriction as set forth in the prior restriction.
3. The office will be limited to 400 sq. ft.
4. This is approved limited to one residential apartment.
This motion is based on the following findings of fact:
1. Said property is located in a CL zone and contains 5000 sq. ft.
2. The Planning Commission has recommended approval.
3. A mixed residential and general office use is a transitional use in a CL zone.
4. The concerns of the objector have been addressed and hopefully, resolved with the parking restriction.
5. The applicant is not seeking any variances.
The motion carried by a vote of 5 – 0.
Richard Allphin, Thomas Ginnerty, Richard Boren, Joseph Logan, and Kathleen Managhan voted in favor of the motion.
David Nardolillo was not seated and Don Wineberg and Raymond
Iannetta were absent.
This being Richard Allphin's last meeting, Thomas Ginnerty congratulated him on 10 years on the Zoning Board and for doing a great job.
ADJOURNMENT
A motion was made and seconded to adjourn at
The motion carried unanimously.