Minutes of the June 28, 2005 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
Dean Wagner
Also
present: Brenda Hanna, Stenographer
Pat Westall, Zoning Clerk
Fred Brown, Zoning Officer
Jennifer Azevedo, Counsel
MINUTES
Minutes
of the
A motion
was made by Thomas Ginnerty and seconded by David Nardolillo 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 and Dean Wagner were not seated and Raymond Iannetta was absent.
Minutes
of the
A motion
was made by Thomas Ginnerty 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 and Dean Wagner were not seated and Raymond Iannetta was absent.
CORRESPONDENCE
Cingular
Wireless
A motion
was made by Thomas Ginnerty and seconded by Don Wineberg to continue the
application of Cingular Wireless to 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 and Dean Wagner were not seated and Raymond Iannetta was absent.
Dolos
A motion
was made by Thomas Ginnerty and seconded by Don Wineberg to continue the
application of Maria Dolos to 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 and Dean Wagner were not seated and Raymond Iannetta was absent.
Arthur
A motion
was made by Thomas Ginnerty and seconded by Joseph Logan to continue the
application of Doris Arthur to 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 and Dean Wagner were not seated and Raymond Iannetta was absent.
STD
Builders
A motion
was made by Thomas Ginnerty and seconded by David Nardolillo to continue the
application of STD Builders to 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 and Dean Wagner were not seated and Raymond Iannetta was absent.
OLD
BUSINESS
A motion
was made by Richard Boren and seconded by Thomas Ginnerty to grant the request
of Town of Jamestown, whose property is located at 96 Howland Ave., and further
identified as Tax Assessor’s Plat 9, Lot 152 for a variance and a special use
permit from Article 3, Section 82-305 and 82-306 and Article 6, Section 82-600
to construct a new one million gallon storage tank.
Regarding
this request, this Board has determined that this application does satisfy the
requirements of ARTICLE 6, SECTION 600.
Regarding
the request for a Variance, this Board has determined that this application
does satisfy the requirements of ARTICLE 6, SECTION 606, PARAGRAPHS 1 through
4, and SECTION 607, PARAGRAPH 2.
Regarding
the request for a Special Use Permit, this Board has determined that this
application does satisfy the requirements of ARTICLE 6, SECTION 602.
This
Variance is granted with the following conditions:
a)
That
this variance incorporates by reference the conditions of approval set forth in
the
b) That the hedge shall not be trimmed
or maintained below the height of the adjacent fence.
This motion
is based on the following findings of fact:
1.
Said
property is located in a Public Zone and contains 23,397 sq. ft./ 0.54 acres of
land.
2.
The
findings of fact by the Planning Commission are incorporated herein.
3.
The
Town and abutters attended a Tree Preservation Committee and reviewed and
improved the planting schedule.
4.
There
were no abutters testifying against the application.
5.
The
compressor will be of a new design and quieter.
6.
There
is presently a distribution system storage deficiency.
7.
There
is a need for more water fire protection.
8.
The
existing tank is not adequate for redundancy in case of failure.
9.
Preventative
maintenance on one tank is difficult.
10.
A
ground storage tank is not a reasonable alternative.
11.
Fay,
Spofford, and Thorndike evaluated 7 alternative designs and 3 different sites.
12.
The
new tank is the least relief necessary to:
a)
Correct
fire flow deficiencies.
b)
For
emergency storage.
c)
For
flexibility for maintenance.
d)
For
peak flow.
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 and Dean Wagner were not seated and Raymond Iannetta was absent.
Application
of Don Wineberg and seconded by David Nardolillo to grant the request of Susan
Robertson, whose property is located at 1323 North Main Rd., and further
identified as Tax Assessor’s Plat 1, Lot 51 for a variance from Article 3,
Table 3-2 (District Dimensional Regulations) to construct an addition 24 ft.
from the front lot line instead of the required 40 and 24 ft. from the east
side lot line 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
variance is granted with the restriction that the exterior of the house shall
be either cedar shingles or wood clapboard.
This motion
is based on the following findings of fact:
1.
Said
property is located in a RR80 zone and contains 10,716 sq. ft.
2.
The
relief required on the front of the house continues the existing front line of
the house, and only for a length of 6’.
3.
The
side relief required is only six feet, leaving a 24’ side yard on the east side
of the house.
4.
The
design of the house as proposed is consistent with the architecture of the
neighborhood, whereas the mere addition of a second floor over the existing
house would create a symmetrical box at odds with the primary Victorian houses
of the rest of the neighborhood.
The motion
carried by a vote of 4 – 1.
Don Wineberg, Richard Boren, Joseph Logan, and David Nardolillo voted in favor of the motion.
Thomas Ginnerty voted against the motion.
Elizabeth Brazil and Dean Wagner were not seated and Raymond Iannetta was absent.
A motion
was made by Richard Boren and seconded by Thomas Ginnerty to accept documents
from Corredora’s attorney as exhibits even thought the testimony is closed.
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 and Dean Wagner were not seated and Raymond Iannetta was absent.
A motion
was made by Richard Boren and seconded by Joseph Logan to sustain the appeal of
Lino Corredora (Beatrice C. Scholle, owner a/k/a Beatrice C. Burns) whose
property is located between
This motion
is based on the following findings of fact:
1.
Said
property is located in the R40 district and contains 14,400 sq. ft.
2.
On
3.
A
motion was presented to grant the application.
The motion contained findings of fact.
4.
The
motion was denied on a 3 – 2 vote.
However, the members voting to deny the motion did not make any findings
of fact on which they based their denial.
Under the doctrine of administrative finality, when an agency receives
an application and denies it, a subsequent applicant for the same relief may
not be granted absent a showing of a change in material circumstances during
the time between the two applications.
This rule applies as long as the outcome sought in each application is
substantially similar. Administrative action is not final, however, if the
first decision was invalid. Although
based upon the facts and established case law, Vendettuoli v. Zoning Board
Cranston, and Farmer v. Zoning Board Providence, the relief sought is
substantially similar, and absent invalidity, there would be administrative
finality. However, since there were no
findings of fact denying the application of
The motion
did not carry by a vote of 2 – 3.
Richard
Boren and Joseph Logan voted in favor of the motion.
Thomas
Ginnerty, Don Wineberg, and David Nardolillo voted against the motion.
Elizabeth
Brazil and Dean Wagner were not seated and Raymond Iannetta was absent.
A motion
was made by Don Wineberg and seconded by Thomas Ginnerty to deny the appeal
Lino Corredora (Beatrice C. Scholle, owner a/k/a Beatrice C. Burns) whose
property is located between
This motion
is based on the following findings of fact:
1.
Said
property is located in the R40 district and contains 14,400 sq. ft.
2.
The
second application involved the same lot and was only 67 square feet smaller in
footprint and 187 square feet smaller in living area.
The motion
carried by a vote of 4 – 1.
Thomas
Ginnerty, Don Wineberg, Joseph Logan, and David Nardolillo voted for the
motion.
Richard
Boren voted against the motion.
Elizabeth
Brazil and Dean Wagner were not seated and Raymond Iannetta was absent.
A motion was made by Thomas Ginnerty and seconded by David Nardolillo to continue the application of Kerry Sheehan to the July 26, 2005 meeting to allow Elizabeth Brazil to get an Ethics Commission ruling or another abutter to testify.
The motion carried by a vote of 5 – 0.
Thomas
Ginnerty, Don Wineberg, Richard Boren, Joseph Logan, and David Nardolillo voted
for the motion.
Elizabeth
Brazil was recused, Dean Wagner was not seated and Raymond Iannetta was absent.
A motion
was made by David Nardolillo and seconded by Thomas Ginnerty to grant the
request of the Town of
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.
Dogs
will not be kept over night or penned outside.
2.
A
6’ fence is to be built between Mr. Clarke’s property and the shelter.
3.
A
24-hour call list will be posted and available at appropriate locations.
This motion
is based on the following findings of fact:
1.
Said
property is located in a CL zone and contains 63,000 sq. ft.
2.
The
proposed use will not be detrimental to surrounding areas or the health and
welfare to the Town of
3.
The
proposed use will address a need of the Town by helping to control stray
animals.
4.
The
proposed sight is temporary, and to be replaced when or if the property is
placed up for sale.
5.
The
project will not incur added expenses to the town and will supply an office for
the animal control officer.
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 and Dean Wagner were not seated and Raymond Iannetta was absent.
ADJOURNMENT
A motion
was made and seconded to adjourn at
The
motion carried unanimously.