JAMESTOWN ZONING BOARD OF REVIEW

 

Minutes of the December 16, 2003 Meeting

 

A regular meeting of the Jamestown Zoning Board of Review was held at the Jamestown Library, 26 North Road.  The meeting was called to order by the Chairman at 7:05 p.m.  The clerk called the roll and noted the following members present:

 

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 November 18, 2003 meeting.

 

A motion was made by Thomas Ginnerty and seconded by Kathleen Managhan to accept the minutes of the November 18, 2003 meeting as presented.

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.

 

DiBiase

 

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.

 

Bullock

 

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.

 

Reynolds

 

A motion was made by Thomas Ginnerty and seconded by Joseph Logan to continue the application of Edward P. Reynolds et al to the January 27, 2004 meeting.

 

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 January 27, 2004 meeting, as they are not prepared to go forward because it is still at planning for development plan review.

 

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.

 

Spinosa

 

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.

 

Munger

 

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 8:05 p.m.

The motion carried unanimously.