Minutes of the September 27, 2005
Meeting
A
regular meeting of the Jamestown Zoning Board of Review was held at the
Jamestown Library,
Thomas Ginnerty
Don Wineberg
Raymond Iannetta
Richard Boren
Joseph Logan
David Nardolillo
Elizabeth Brazil
Dean Wagner
Also
present: Brenda Hanna, Stenographer
Pat Westall, Zoning Clerk
Fred Brown, Zoning Officer
J. William W. Harsch, Counsel
MINUTES
Minutes
of the
A motion
was made by Thomas Ginnerty and seconded by Raymond Iannetta to accept the
minutes of the
The
motion carried by a vote of 5 – 0.
Thomas
Ginnerty, Don Wineberg, Raymond Iannetta, Richard Boren, and Joseph Logan voted
in favor of the motion.
David
Nardolillo, Elizabeth Brazil, and Dean Wagner were not seated.
CORRESPONDENCE
A letter
from Larry Parks re: Open Meetings Act.
A letter
from James Donnelly requesting a continuance of the application of Maria Dolos.
Dolos
A motion
was made by Thomas Ginnerty and seconded by Joseph Logan to continue the
application of Maria Dolos to the next regular meeting at the request of her
attorney.
The
motion carried by a vote of 5 – 0.
Thomas
Ginnerty, Don Wineberg, Raymond Iannetta, Richard Boren, and Joseph Logan voted
in favor of the motion.
David
Nardolillo, Elizabeth Brazil, and Dean Wagner were not seated.
A letter
from Mark Liberati requesting a continuance of the application of Doris Arthur.
Arthur
A motion
was made by Thomas Ginnerty and seconded by Raymond Iannetta to continue the
application of Doris Arthur to the next regular meeting at the request of her attorney.
This is the last continuance of this application and the advertisement needs to
be republished.
The
motion carried by a vote of 5 – 0.
Thomas
Ginnerty, Don Wineberg, Raymond Iannetta, Richard Boren, and Joseph Logan voted
in favor of the motion.
David
Nardolillo, Elizabeth Brazil, and Dean Wagner were not seated.
OLD
BUSINESS
Cingular
Wireless
A motion
was made by Thomas Ginnerty and seconded by Don Wineberg to continue the
application of Cingular Wireless to the November meeting with republication.
A motion
was made by Richard Boren and seconded by Thomas Ginnerty to add the condition
that the application be republished and that they submit new material if there
are changes.
The
motion carried by a vote of 5 – 0.
Thomas
Ginnerty, Don Wineberg, Raymond Iannetta, Richard Boren, and Joseph Logan voted
in favor of the motion.
David
Nardolillo, Elizabeth Brazil, and Dean Wagner were not seated.
A motion
was made by Richard Boren and seconded by Don Wineberg to deny the
request of Kerry Sheehan, KLS Construction, (Mark Brasil, owner) whose property
is located on Court Street, and further identified as Tax Assessor’s Plat 2,
Lot 6 for a variance from Article 3, Section 82-302, District Dimensional
Regulations and Street Frontage Requirements to construct a single family home
on a paper road 40 ft. from the front line (40 required), 36 ft. from the rear
line (40 required), 12 ft. from the right side (30 required), 12 ft. from the
left side (30 required), and 50’ lot frontage (200 ft. required).
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 3 in that the
granting of the variance will impair the intent of the zoning ordinance.
This motion
is based on the following findings of fact:
Sheehan
cont.
1.
Said
property is located in a RR80 zone and contains 5000 sq. ft.
2.
The
Town Council had a legitimate purpose to include this area of
3.
RR80
zone is designed to allow land uses which will not substantially impact the
rural character of the zoning district nor compromise natural resources.
4.
Although
a 24’ x 24’ foundation may be the minimum, it still would be 576 sq. ft., which
is greater than 11.5% of the lot coverage.
5.
The
frontage on this lot is 50’; 200 feet is required.
6.
In
an RR80 zone, minimum side lot setbacks are 30’ on each side for a total of
60’. This application is 12’ on either
side for a total of 24’, not even one-half of the requirement.
7.
The
rear lot line is 36’ where 40’ is required.
The
motion carried by a vote of 5 – 0.
Thomas
Ginnerty, Don Wineberg, Raymond Iannetta, Richard Boren, and Joseph Logan voted
in favor of the motion.
David
Nardolillo and Dean Wagner were not seated.
Elizabeth
Brazil was recused.
Kosacz
A motion
was made by Thomas Ginnerty and seconded by Joseph Logan to deny the
request of Barbara Kosacz et al because it has been pending a long time on the
calendar and no one was there to proceed.
The
motion carried by a vote of 4 – 1.
Richard
Boren voted against the motion.
Thomas
Ginnerty, Don Wineberg, Raymond Iannetta, and Joseph Logan voted in favor of
the motion.
David
Nardolillo, Elizabeth Brazil, and Dean Wagner were not seated.
NEW
BUSINESS
A motion
was made by Joseph Logan and seconded by Richard Boren to grant the request of
Bernd E. and Donna M. Pfeiffer, whose property is located at 44 Seaside Dr.,
and further identified as Tax Assessor’s Plat 14, Lot 136 for a variance from
Article 3, Table 3-2 (District Dimensional Regulations) to construct an
addition to an existing single family dwelling which will be 12 feet from the
southerly lot line wherein 20 feet is 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 R40 zone and contains 9450 +/- sq. ft.
2.
The
proposed addition will not increase the encroachment on the south side setback,
which remains 12’ from the lot line.
3.
The
south side is heavily screened by trees, which will remain, so visual impact on
the south side is negligible.
4.
The
total coverage of the lot will be 14.8% where 25% is allowed.
5.
Front,
rear, and left side setbacks remain in compliance.
6.
Addition
to the south is the only structurally feasible direction.
7.
Addition
toward the rear is not possible due to 15 ft. minimum separation between septic
and foundation.
8.
No
objectors spoke. One (abutter) neighbor spoke in favor.
The
motion carried by a vote of 4 – 1.
Thomas
Ginnerty voted against the motion.
Raymond
Iannetta, Richard Boren, Joseph Logan, and David Nardolillo voted in favor of
the motion.
Don
Wineberg, Elizabeth Brazil, and Dean Wagner were not seated.
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:
2.
The application was submitted to and
approved by the Planning Commission.
3.
The proposed addition foundation does
satisfy the 12” separation from groundwater level.
4.
The subsurface foundation allows free
passage of water through holes in the foundation.
5.
Total impervious coverage will be reduced
from 19% to 15% thereby reducing the amount of runoff to surrounding property.
6.
The existing septic system does meet the
requirements for a 3 bedroom home.
7.
No one spoke in opposition to the request.
8.
The granting of this request will not
injure the appropriate use of the surrounding property.
9.
The application meets all setback
requirements.
The
motion carried by a vote of 4 – 1.
Thomas
Ginnerty voted against the motion.
Don
Wineberg, Raymond Iannetta, Richard Boren, and Joseph Logan voted in favor of
the motion.
David
Nardolillo, Elizabeth Brazil, and Dean Wagner were not seated.
A motion
was made by Don Wineberg and seconded by Richard Boren to grant the request of
James N. Baccala, whose property is located at 156 Seaside Dr., and further
identified as Tax Assessor’s Plat 5, Lot 157 for a variance from Article 3,
Section 3-2 (District Dimensional Regulations) to construct an extension to an
existing deck that will be 14’ from northerly lot line wherein 20’ is 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 R40 zone and contains 7,192 sq. ft.
2.
The
deck would still be 14’ from the end of the property line where 20’ is required
due to the house being on a corner lot.
3.
Four
neighbors spoke in favor of the project.
The
motion carried by a vote of 4 – 1.
Thomas
Ginnerty voted against the motion.
Don
Wineberg, Raymond Iannetta, Richard Boren, and David Nardolillo voted in favor
of the motion.
Elizabeth
Brazil, and Dean Wagner were not seated.
Joseph
Logan was recused.
A motion
was made by Thomas Ginnerty and seconded by Joseph Logan to deny the
request of Alfred Bingell, whose property is located at 5 Fowler St., and
further identified as Tax Assessor’s Plat 8, Lot 487 for a variance from
Article 3, Section 3-2, (District Dimensional Regulations) to construct a new
front porch & side stairs 16 ft. from the front lot line instead of the
required 30 ft., 3’-4” from the left side lot line instead of the required 7
ft. and bringing the total coverage of the lot by building/structure to 38.4%
instead of the required 30%.
Bingell
cont.
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, SECTIONS 606 & 607, PARAGRAPHS 3 &
4.
This motion
is based on the following findings of fact:
1.
Said
property is located in a CL zone and contains 4,000 sq. ft.
2.
The
relief sought is not the least relief necessary and the relief if granted will
impair the intent of the ordinance.
3.
The
setbacks are intended to provide space between dwellings and a safety area for
emergency responses of public safety services.
4.
The
lot coverage is to protect from over development.
5.
The
3’4” relief sought fails to comply with the aforementioned standards, as does
the lot coverage relief sought.
6.
As
to the front relief sought, if the relief was granted it would push forward
parking to 16 ft., an inadequate space for two vehicles and an attempt to
overuse the property.
7.
The
applicant is not denied beneficial use of his property.
The motion
did not carry by a vote of 1 – 4.
Thomas Ginnerty voted in favor of the motion.
Don
Wineberg, Raymond Iannetta, Richard Boren, and Joseph Logan voted against the
motion.
David
Nardolillo, Elizabeth Brazil, and Dean Wagner were not seated.
A motion
was made by Don Wineberg and seconded by Joseph Logan to grant the request of
Alfred Bingell, whose property is located at 5 Fowler St., and further
identified as Tax Assessor’s Plat 8, Lot 487 for a variance from Article 3,
Section 3-2, (District Dimensional Regulations) to construct a new front porch
& side stairs 16 ft. from the front lot line instead of the required 30
Bingell
cont.
ft., 3’-4”
from the left side lot line instead of the required 7 ft. and bringing the
total coverage of the lot by building/structure to 38.4% 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 CL zone and contains 4,000 sq. ft.
2.
The
proposed design would enhance the appearance of the house and bring its front
to approximately the same level as the neighbors.
3.
The
additional outside stairs increase safety by allowing egress away from
mechanicals.
4.
The
requested relief is only for a deck and outside stairs, thereby bringing people
out into the neighborhood without adding substantial mass to the streetscape.
5.
The
deck will be wood with stone bases.
6.
The
lot is so small there are no practical alternatives for adding deck or other
space without additional zoning relief, thereby also justifying the lot
coverage exception.
The motion carried by a vote of 4 – 1.
Thomas Ginnerty voted against the motion.
Don
Wineberg, Raymond Iannetta, Richard Boren, and Joseph Logan voted in favor of
the motion.
David
Nardolillo, Elizabeth Brazil, and Dean Wagner were not seated.
A motion
was made by Thomas Ginnerty and seconded by Don Wineberg to continue the application
of Stamatis Reves to the next regular meeting at the request of their attorney.
The
motion carried by a vote of 5 – 0.
Thomas
Ginnerty, Don Wineberg, Raymond Iannetta, Richard Boren, and Joseph Logan voted
in favor of the motion.
David
Nardolillo, Elizabeth Brazil, and Dean Wagner were not seated.
A motion
was made by Thomas Ginnerty and seconded by Richard Boren to grant the
withdrawal without prejudice of Paula & Davey Bakhshi, as they need to
complete the plans for the proposed new dwelling.
The
motion carried by a vote of 5 – 0.
Thomas
Ginnerty, Don Wineberg, Raymond Iannetta, Richard Boren, and Joseph Logan voted
in favor of the motion.
David
Nardolillo, Elizabeth Brazil, and Dean Wagner were not seated.
ADJOURNMENT
A motion
was made and seconded to adjourn at
The
motion carried unanimously.