JAMESTOWN ZONING BOARD OF REVIEW
Minutes of the January 23, 1996 Meeting
A regular meeting of the Jamestown Zoning Board of Review was held at
the Jamestown Town Hall, 93 Narragansett Avenue. The meeting was
called to order by the Chairman at 7:30 p.m. The clerk called the roll
and noted the following members present:
Martin Hellewell,Chairman
Rolf Knudsen
Catherine Finney
Richard Allphin
John Caito
Thomas Ginnerty
Also present were:
Pat Westall, Zoning Clerk
Jane Fitts, Stenographer
Fred W. Brown, Zoning Officer
James Donnelly, Town Solicitor
MINUTES
December 21, 1995
A motion was made by Rolf Knudsen and seconded by Richard Allphin to
accept the minutes of the December 21, 1995 meeting as written.
The motion carried unanimously.
January 4, 1996
A motion was made by Richard Allphin and seconded by John Caito to
accept the minutes of the January 4, 1996 meeting as written.
The motion carried unanimously.
OLD BUSINESS
Seated: Martin, Rolf, Catherine, Richard, and John.
Henrotin
A motion was made by Catherine Finney and seconded by Rolf Knudsen to
grant the request of Clifford Henrotin whose property is located at 158
Walcott Avenue and further identified as Plat 10, Lot 8 for a variance
from Article 3, Section 302 (District Dimensional Regulations), to
expand the house such that it would be set back from Stanton Road
approximately 20 feet instead of the required 40 feet.
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.
This variance is granted with the restriction that the proposed
addition is limited to one story.
This motion is based on the following findings of fact:
1. The property is located in a RR80 zone and contains 30,600 sq. ft.
2. The proposed addition provides greater function and utility to the
layout of the home by providing 2 full baths for the first floor
and a section of the home which will be suitable and sensible for
winterization and year round use.
3. The location of the proposed addition is the most logical based upon
existing plumbing and exterior shed on the north side of the house.
4. There were no objections to this petition.
The motion carried by a vote of 5 - 0.
Seated: Martin, Rolf, Catherine, Richard, and Thomas.
Mariorenzi
A motion was made by Thomas Ginnerty and seconded by Rolf Knudsen to
grant the request of Louis J. Mariorenzi and Priscilla Szneke whose
property is located at 84 Bayview Drive and further identified as Plat
8, Lot 271 for a variance from Article 3, Section 301 (Uses &
Districts) Table VIIII - 11 (Underground Storage Tanks) to allow a
1,000 gal. underground propane storage tank in accordance with plans as
submitted as to location on property, construction of tank, underground
anchoring methods and protective devices.
This Board has determined that this application does satisfy the
requirements of Article 6, Section 606, Paragraphs 3 and 4.
This variance is granted with the following restrictions:
1. Flotation calculation to be performed by the owner and the results
submitted to the Building Inspector.
2. Cathodic Protection Test be performed annually by the owner and
submitted to the Building Inspector.
3. The tank foot print to be surrounded by a stone wall or vegetation
hedge.
This motion is based on the following findings of fact:
1. The property is located in a R40 zone and contains 76,385 sq. ft.
2. The zoning ordinance prohibits underground tanks in this area but
does not specifically address propane tanks
3. Evidence was presented that supported the use of residential
underground propane tanks in residential communities which are
apparently regarded as safer than above ground tanks by the
industry.
4. Propane does not appear to pollute soil or water as other fuels
might.
5. No one spoke against the application.
The motion carried by a vote of 5 - 0.
NEW BUSINESS
Seated: Martin, Rolf, Catherine, Richard, and John.
Irby
A motion was made by Richard Allphin and seconded by Rolf Knudsen to
grant the request of Christopher Irby (Trustee of the Mildred C. Irby
Trust) whose property is located at 37 Standish Road and further
identified as Plat 8, Lot 779 for a variance from Article 3, Section
302 (District Dimensional Regulations), in order to move the lot line
between Plat 8, Lot 371 (33 Standish Rd.) and Plat 8, Lot 779 (37
Standish Rd.) running the length of a driveway and garage to the north
by approximately 10 feet for the purpose of correcting an encroachment
by such garage over the current lot line.
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.
This motion is based on the following findings of fact:
1. The property is located in a R20 zone and contains 17,123.72 +/- sq.
ft.
2. The garage encroachment problem came into existance during the time
that lot 371 and lot 779 had common ownership. Granting this
dimensional variance will allow the necessary land to be added to
lot 371 to eliminate this encroachment.
3. The only objection was over an unpaid debt which does not, however,
cloud the title.
The motion carried by a vote of 5 - 0.
Seated: Martin, Rolf, Catherine, Richard, and John.
McCall
A motion was made by Rolf Knudsen and seconded by Richard Allphin to
grant the request of Mildred V. McCall whose property is located at 26
Howland Avenue and further identified as Plat 9, Lot 170 for a variance
from Article 3, Section 302 (District Dimensional Regulations), in
order to reconfigure a rear lot line which will cause the existing
structure to be 13 feet from the new rear lot line instead of the
required 30 feet.
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.
This variance is granted with the restriction that the portion of lot
170 which is to be split off will be divided and sold for merger with
lots 174 and 524 equally.
This motion is based on the following findings of fact:
1. The property is located in a R8 zone and contains 19,800 sq. ft.
2. The back section of the property is to be divided and merged with
two other properties, which will not increase the housing density.
3. There were no objectors to this application.
The motion carried by a vote of 5 - 0.
Seated: Martin, Rolf, Richard, John, and Thomas.
Potter
A motion was made by John Caito and seconded by Thomas Ginnerty to
grant the request of Spencer W. Potter whose property is identified as
Plat 9, Lot 398 for a variance from Article 3, Section 302 (District
Dimensional Regulations), to build a one family residence 20 feet from
the front lot line instead of the required 30 feet and 7 feet from the
corner side lot line instead of the required 20 feet.
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.
This variance is granted with the following restrictions:
1. That only a one family structure be built.
2. CRMC Assent for work represented to this Board be procured prior to
the issuance of a building permit.
3. Pursuant to the Zoning Ordinance the authority vested in the Board
by RIGL 45-24-44, "Creation of Vested Rights", the applicant shall
procure a building permit within 1 year of the issuance of the
zoning variance and construction shall be substantially completed
within 3 years of the issuance of the building permit.
This motion is based on the following findings of fact:
1. The property is located in a CW zone and contains 17,450 sq. ft.
2. The owner suggested and agreed to the stipulation that construction
be limited to a one family structure.
3. Construction within the prescribed zoning setbacks would be more
limiting to views of Dutch Harbor of the abutters and would site the
building closer to the CRMC buffer.
4. Access to the site from Narragansett Avenue is limited due to an
existing structure and underground fuel tanks located within said
right of way of Narragansett Avenue.
The motion carried by a vote of 5 - 0.
ADJOURNMENT : 11:10 p.m.