*****
UNAPPROVED MINUTES *****
Minutes of the May 5, 2005 Meeting
A
meeting of the Jamestown Zoning Board of Review was held at the Jamestown
Library,
Thomas Ginnerty
Richard Boren
Joseph Logan
David Nardolillo
Elizabeth Brazil
Dean Wagner
Also
present: Brenda Hanna, Stenographer
Pat Westall, Zoning Clerk
Fred Brown, Zoning Officer
A. Lauriston Parks, Counsel
MINUTES
Minutes
of the
The
minutes of the
A motion was made by Thomas Ginnerty and seconded by Richard
Boren to continue the application of the Town of
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.
Dean Wagner
was not seated and Don Wineberg and Raymond Iannetta were absent.
A motion was made by Thomas Ginnerty and seconded by Richard
Boren to continue the application of the Cingular Wireless to the
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.
Dean Wagner
was not seated and Don Wineberg and Raymond Iannetta were absent.
A motion
was made by Richard Boren and seconded by Thomas Ginnerty to grant the request
of George & Linda Warner, whose property is located at 4 Fowler St., and
further identified as Tax Assessor’s Plat 8, Lot 409 for a variance from
Article 3, Table 3-2 (District Dimensional Regulations) to construct a new
single-family home 15’ from the front lot line which is the required 15 ft., 6
ft. from the side lot line instead of the required 7 ft., 22’ from the rear lot
line instead of the required 30 ft., and covering 33% of the lot instead of the
required 30%.
This Board
has determined that this application does 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 located in a R8 zone and contains 4,225 sq. ft.
2.
The
existing house is 9’6” from the front lot line and 16’ from the rear lot line.
3.
The
side lot line requires 7’ and the proposed is 6’.
4.
The
house will cover 33% of the lot instead of 30%.
5.
The
present house can’t be remediated.
6.
The
new home is 1096 sq. ft.
7.
The
height of the house will be 22 ft.
8.
The
relief sought is the least relief necessary.
9.
There
was introduced a letter from Theresa Littlefield in favor of the application.
10.
No
one spoke in opposition of the application.
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.
Dean Wagner
was not seated and Don Wineberg and Raymond Iannetta were absent.
A motion
was made by Joseph Logan and seconded by David Nardolillo to grant the request
of Joyce M. Kules, whose property is located at 188 Conanicus Ave., and further
identified as Tax Assessor’s Plat 8, Lot 501 for a variance from Article 3,
Table 3-2 to construct a 2nd story addition which will be 15.1’ from
front property line wherein 30’ is required and 6.6’ from corner lot line 20’
being required.
This Board
has determined that this application does 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 located in a R20 zone and contains 9,200 sq. ft.
2.
The
proposed renovation will occupy the same footprint as the present structure.
3.
The
present structure has a poor foundation, which needs to be replaced.
4.
The
height of the new structure will be 28 ft.
5.
There
were no objectors.
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.
Dean Wagner
was not seated and Don Wineberg and Raymond Iannetta were absent.
This Board
has determined that this application does satisfy the requirements of Article
6, Section 600, Section 606, and Section 607, Paragraph 1 and section 82-314C.2
of the Jamestown Ordinance.
This
variance is granted with the following restrictions:
1.
There
will be no increase in impervious area.
2.
The
house is to be built on a slab with crushed stone flow through below.
This motion
is based on the following findings of fact:
3.
It
will not in any way affect the health and welfare of the community.
4.
It
is the least amount of disturbance to the sight.
5.
It
will not alter the character, in any way, of the surrounding area.
6.
No
further variances will be required.
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.
Dean Wagner
was not seated and Don Wineberg and Raymond Iannetta were absent.
A motion
was made by Elizabeth Brazil and seconded by Joseph Logan to grant the request
of Christopher Caccia, whose property is located at 8 Gondola Ave., and further
identified as Tax Assessor’s Plat 16, Lot 113 for a variance from Article 3,
Table 3-2 (District Dimensional Regulations) to construct an addition to an
existing dwelling, which will be 29.93 feet from the front lot line instead of
the required 40 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
1.
This motion
is based on the following findings of fact:
1.
Said
property is located in a R40 zone and contains 21,600 sq. ft.
2.
The
applicant will continue the house line with the current structure, which is
within the 40’ setback requirement; 30.23’ existing following the grade to
29.93’ to corner of the addition.
3.
No
one spoke in opposition to this variance request.
4.
Subject
to DEM approval for an alteration from two to three bedroom septic system.
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.
Dean Wagner
was not seated and Don Wineberg and Raymond Iannetta were absent.
A motion
was made by Joseph Logan and seconded by Thomas Ginnerty to grant the request
of Thomas M. Ross, Jr. and Barbara B. Ross, whose property is located at 99
Cole St., and further identified as Tax Assessor’s Plat 9, Lot 455 for a
variance from Article 3, Section 82-302 Table 3-2 (District Dimensional
Regulations) to construct an addition twenty-two feet from the rear lot line
instead of the required thirty feet.
This Board
has determined that this application does 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 located in a R20 zone and contains 10,316 +/- sq. ft.
2.
The
added space on the same floor level results in a total building area of 1414
sq. ft., which is not an unreasonably large house.
3.
The
relief sought is a rear setback, which abuts a wooded portion of the neighbor’s
lot and is not close to another house.
The relief is just over 25% of required setback.
4.
There
were no objectors.
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.
Dean Wagner
was not seated and Don Wineberg and Raymond Iannetta were absent.
A motion
was made by Thomas Ginnerty and seconded by Joseph Logan to grant in part and
deny in part the request of Eastward Vista, LLC, whose property is located at
368 East Shore Rd., and further identified as Tax Assessor’s Plat 4, Lot 33 for
a variance from Article 3, Section 302 (table 3-2) and 306 D to erect a barn
with a cupola having a height of 35’ (25’ allowed), and to erect a fieldstone
fence in the side yard to a height of 8’7” at the highest point (6’ allowed) and
to erect a gate and fieldstone piers in the front yard to a height of 8’1” at
the highest point (6’ allowed).
The
applicant has withdrawn the request for relief regarding the variance request
from Article 3, Section 302 and Table 3-2 to erect a barn with a cupola having
a height of 35’ where 25’ is allowed.
As to the
remaining relief,
1.
I
move that we grant the relief to erect a fieldstone fence in the side yard to a
height of 8’7” at the highest point, where 6’ is allowed.
2.
But
to deny the relief to erect a gate and fieldstone piers in the front yard to a
height of 8’1” at the highest point where 6’ is allowed.
This Board
has determined that the provision of the application granted does satisfy the
requirements of Article 6, Section 600, Section 606, and Section 607, Paragraph
2, however, as to the gate and fieldstone piers in the front yard the
application does not satisfy the referenced provision.
This
variance is granted with the condition that the applicant plan landscaping
consistent with those described and discussed with the neighbor to the south.
This motion
is based on the following findings of fact:
1.
Said
property is located in a RR80 zone and contains 141,922 sq. ft.
2.
The
proposed side yard wall would provide privacy to the applicant for use of the
pool area.
3.
That
noise reduction from the pool use would benefit the adjacent property owners.
The motion
was amended to move that in addition to what was stated earlier that we deny
the application for the construction to erect a fieldstone fence in the side
yard to a height of 8 feet 7 inches at the highest point where 6 feet is
allowed, so that the motion should reflect that the application for a variance
directed to erect a barn was withdrawn and the other two items that were
requested were denied.
The motion
to deny carried by a vote of 4 – 1.
Thomas
Ginnerty, Joseph Logan, David Nardolillo, and Elizabeth Brazil voted in favor
of the motion.
Richard
Boren voted against the motion.
Dean Wagner
was not seated and Don Wineberg and Raymond Iannetta were absent.
A motion
was made by Thomas Ginnerty and seconded by Joseph Logan to grant the request
of Lillian Bears, (Peter Ceppi, Owner), whose property is located at 28
Southwest Ave., and further identified as Tax Assessor’s Plat 9, Lot 814 for a
Special Use Permit from Article 6 & 7, Section 603 & 301 to place a
tanning booth in Video Store.
This Board
had 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 applicant will
provide a separate room at the rear of the store that separates the tanning
booth from the area where the videos are displayed.
This motion
is based on the following findings of fact:
1.
Said
property is located in a CL zone and contains 25,154 sq. ft.
2.
The
present use of the premises is a rental video store.
3.
The
requested use is compatible with the existing use.
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.
Dean Wagner
was not seated and Don Wineberg and Raymond Iannetta were absent.
A motion
was made by Thomas Ginnerty and seconded by Joseph Logan to continue the
request of Kerry Sheehan to the
The motion
carried by a vote of 5 – 0.
Thomas
Ginnerty, Richard Boren, Joseph Logan, David Nardolillo, and Dean Wagner voted
in favor of the motion.
Elizabeth
Brazil was recused and Don Wineberg and Raymond Iannetta were absent.
ADJOURNMENT
A motion
was made and seconded to adjourn at
The
motion carried unanimously.