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.