Minutes of the May 25, 2004 Meeting
A regular meeting of
the Jamestown Zoning Board of Review was held at the Jamestown Library,
Thomas
Ginnerty
Don
Wineberg
Richard
Boren
Joseph
Logan
David
Nardolillo
Elizabeth
Brazil
Also
present: Brenda Hanna, Stenographer
Pat
Westall, Zoning Clerk
Fred
Brown, Zoning Officer
Carolyn
A. Mannis, Counsel
MINUTES
Minutes of the
A motion was made by
Don Wineberg and seconded by Richard Boren to accept the minutes of the
The motion carried by a vote of 5 – 0.
Thomas Ginnerty, Don Wineberg, Richard Boren, Joseph Logan, and David Nardolillo voted in favor of the motion.
Elizabeth Brazil was not seated and Raymond Iannetta was absent
CORRESPONDENCE
A letter from Quentin Anthony with a Withdrawal With Prejudice Of Appeal To Zoning Board Of The Town Of Jamestown of Kenneth and Linda Vario by their attorney Mark C. Hadden.
A letter from Mary M. Webster requesting an extension of a previously granted variance.
A motion was made by Joseph Logan and seconded by Don Wineberg to grant a one-year extension to Mary M. Webster of a previously granted variance.
The motion carried by a vote of 5 – 0.
Thomas Ginnerty, Don Wineberg, Richard Boren, Joseph Logan, and David Nardolillo voted in favor of the motion.
Elizabeth Brazil was not seated and Raymond Iannetta was absent.
A letter from John A. Murphy, attorney for Mr. and Mrs. Hugh Balloch, requesting an extension of a previously granted variance.
A motion was made by
Richard Boren and seconded by Don Wineberg to table the request of Mr. and Mrs.
Balloch and ask the applicant to come before the Board on
The motion carried by a vote of 5 – 0.
Thomas Ginnerty, Don Wineberg, Richard Boren, Joseph Logan, and David Nardolillo voted in favor of the motion.
Elizabeth Brazil was not seated and Raymond Iannetta was absent.
NEW BUSINESS
A motion was made by Richard Boren and seconded by Thomas Ginnerty to deny the appeal of STD Building Corp. applicant, Mary Lou K. Ball, owner, whose property is located on Ferry Street, and further identified as Tax Assessor’s Plat 5, Lot 58 for an appeal under Article 5, Section 503 in regards to the decision of Administrative Officers classifying property as Sub District A, in the High Ground Water Impervious Layer Overlay District (Article 314).
This motion is based on the following findings of fact:
1. Said property is located in an R40zone and contains 14,400 sq. ft.
2. In 2/02, STD Builders signed a purchase and sales agreement subject to ISDS approval.
3. As of the date of hearing this appeal, STD Builders still does not own the property.
4. On 3/27/02, Chris Duhamel, a Class IV soil evaluator prepared and completed a DEM site evaluation report which states that 3 test holes were drilled on 3/20/02. The results were as follows for Estimated High Water Tables:
TH1 = 16”
TH2A = 16”
TH2B = 20”
5.
On
TH1 = 16”
TH2A = 16”
TH2B = 20”
6.
On
7.
It appears from the ISDS application that DEM
approved the ISDS on
8. There has been testimony that DEM is concerned with water quality while the town is concerned with flooding.
9.
On or about
10.
On
11.
On
12.
On
13.
STD has stipulated through Counsel’s argument
that STD is subject to the
14.
The
15.
The
16. The 3/22/04 amendment has added a Section to Section 314 which provides “the decision whether a lot is located in A or B is made by the zoning enforcement officer and where the testing of multiple areas of a lot yield different results shall make a determination inter alia that the lot is in A if any of the multiple areas examined or tested meet the sub-district A criteria.”
17.
Although DEM granted ISDS approval, that
approval is not determinative of whether the lot is a sub-district A or B,
either under
18.
Whether STD is subject to the
19.
Under the
20. Five abutters testified in opposition to the appeal of SDT and testified concerning flooding, ponding, and well contamination.
The motion carried by a vote of 5 – 0.
Thomas Ginnerty, Don Wineberg, Richard Boren, Joseph Logan, and David Nardolillo voted in favor of the motion.
Elizabeth Brazil was recused and Raymond Iannetta was absent.
A motion was made by Joseph Logan and seconded by Don Wineberg to
Grant the request of Catherine A. Goode-DeVellis, whose property is located at 27 North Road, and further identified as Tax Assessor’s Plat 8, Lot 86 for a special use permit under Article 3, Section 82-301 Table 3-1 (Permitted Uses I. Residential, #10. Mixed Use) to allow for a specific mixed use permit to use the property as residential and two office areas.
This Board has determined that this application does satisfy the requirements of Article 6, Sections 600 and 602.
This motion is based on the following findings of fact:
1. Said property is located in a CL zone and contains 15,658 sq. ft.
2. There will be sufficient parking (4 spaces) for the proposed use and cars will be able to turn around on the property.
3. Planning and Water & Sewer have given approval.
4. Two neighbors expressed concern over parking.
The motion did not carry by a vote of 2 – 3.
Don Wineberg and Joseph Logan voted in favor of the motion.
Lush
A motion was made by David Nardolillo and seconded by Joseph Logan to grant the request of Anthony & Nancy Lush, whose property is located at 17 Bay St., and further identified as Tax Assessor’s Plat 8, Lot 508 for a special use permit under Article 7, Section 704 (Alteration of a Non-conforming Use) to replace the existing attached greenhouse on the main structure with a two-story addition.
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 restriction that the property is restricted to the two dwelling units now in existence.
This motion is based on the following findings of fact:
1. Said property is located in a R20 zone and contains 18,400 sq. ft.
2. The proposed alteration will not extend into the existing non-conforming areas.
3. The proposed addition will improve the appearance of the dwelling and neighborhood.
4. The proposed alteration will be constructed within all required yard set backs: side yard set back approx. 45’ (10’required), front yard set back approx. 40’ (30’required).
5. The only reason for the applicant’s appearance in front of the zoning board is because the dwelling is presently non-conforming.
The motion carried by a vote of 5 – 0.
Thomas Ginnerty, Richard Boren, Joseph Logan, David Nardolillo, and Elizabeth Brazil voted in favor of the motion.
Don Wineberg was recused and Raymond Iannetta was absent.
Porcaro
A motion was made by Don Wineberg and seconded by Thomas Ginnerty to deny the request of Felix A. et ux Lori A. Porcaro, whose property is located at 2 Coulter St., and further identified as Tax Assessor’s Plat 7, Lot 67 for a variance from Article 3, Section 302 (District Dimensional Regulations) to construct a three car garage (with living space above) on an existing foundation which is 16.75’ from the front (westerly) lot line, 40’ being required, and 9’ from the side lot line (southerly) 20’ being required. Proposed garage will be attached to a new dwelling, existing dwelling to be razed.
This Board has determined that this application does not 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.
This motion is based on the following findings of fact:
1. Said property is located in a R40 zone and contains 23,460 sq. ft.
2. The applicant admitted that their building needs could be met by building exclusively within the envelope permitted by the zoning ordinance without variance, thus the relief requested is not the least relief necessary as required by Section 606, Paragraph 4.
3. Preserving the garage by incorporating it into the new house construction encroached on the front yard set back, therefore obscuring more bay views than if no relief were granted, especially since the proposed plan is already at the maximum permitted height and width.
4. The Zoning Board has repeatedly expressed its
concern and belief that the massing of many new houses in
The motion carried by a vote of 3 – 2.
Thomas Ginnerty, Don Wineberg, and Richard Boren voted in favor of the motion.
David Nardolillo and Joseph Logan voted against the motion.
Elizabeth Brazil was not seated and Raymond Iannetta was absent.
ADJOURNMENT
A motion was made and
seconded to adjourn at
The motion carried unanimously.