JAMESTOWN ZONING BOARD OF REVIEW Minutes of the February 27, 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 7:34 p.m. The clerk called the roll and noted the following members present: Rolf Knudsen,Acting Chairman 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 Rolf Knudsen was Acting Chairman in the absence of Chairman Martin Hellewell and Vice-Chairman Maurice Vandal. Seated: Rolf Knudsen, Catherine Finney, Richard Allphin, John Caito, and Thomas Ginnerty. MINUTES January 23, 1996 A motion was made by Thomas Ginnerty to accept the minutes of the January 23, 1996 meeting. John Caito asked that the minutes be amended to add the word 'a' to restriction #1 on page 6. A motion was made by Catherine Finney and seconded by Thomas Ginnerty to accept the minutes of the January 23, 1996 meeting as amended. The motion carried unanimously. NEW BUSINESS QUINN Richard Allphin was not seated because he is an abutter. A motion was made by Thomas Ginnerty and seconded by Catherine Finney to continue the application of John & Sylvia Quinn to the March 26, 1996 meeting due to a lack of quorum. The motion carried unanimously. SK PROPERTIES John Caito was not seated because he is the engineer for the applicant. A motion was made by Catherine Finney and seconded by Richard Allphin to continue the application of SK Properties to the March 26, 1996 meeting due to lack of quorum. The motion carried unanimously. WYNN A motion was made by John Caito and seconded by Richard Allphin to grant the request of Scott & Susan Wynn whose property is located at 4 Clinton Avenue and further identified as Plat 9, Lot 407 for a variance from Article 3, Section 302 (District Dimensional Regulations, specifically minimum lot size, percentage of lot coverage, and setbacks), and Article 12 Section 1203 (Minimum Off Street Parking Regulations), and Article 12, Section 1202 (Location) to renovate and add on to the existing structures to create a two family dwelling that will sit on a lot of 3,300 sq. ft. instead of the required 10,000 sq. ft., cover 42% of the lot instead of the maximum 35%, sit 5 ft. 3 in. from the rear lot line instead of the required 15 ft., 1.1 foot from the left side lot line instead of the required 15 ft., provide 2.5 parking spaces instead of the required 3 spaces, and to provide the parking in the front of the building instead of the rear as required by the Ordinance. This Board has determined that this application does satisfy the requirements of Article 6, Section 6-8, Paragraphs 1 through 4, and Section 6-9, Paragraph 2. Wynn cont. This variance is granted with the restriction that wood siding material will be used on the structure. This motion is based on the following findings of fact: 1. The property is located in a CD zone and contains 3,300 sq. ft. 2. The size and type of construction will be in keeping and scale with other buildings in the area. 3. A letter and memorandum were received from the Town Planner supporting the requested variances. 4. No one spoke against the proposal. The motion carried by a vote of 4 - 1. Thomas Ginnerty voted against the motion. BUCKLIN A motion was made by Richard Allphin to deny the application of William and Morna Bucklin. The motion was withdrawn by Mr. Allphin for rewrite. A motion was made by Richard Allphin and seconded by Thomas Ginnerty to deny the request of William G. & Morna G. Bucklin whose property is located at 620 East Shore Road and further identified as Tax Assessor's Plat 2, Lot 36 for a variance from Article 7, Section 704 (Alteration of a Nonconforming Use) to enlarge a pre-existing, nonconfroming dwelling. This motion is based on the following findings of fact: 1. The property is located in a RR80 zone and contains 131,551 +/- sq. ft. 2. The applicant's representative argued that the applicant should have asked for a special use permit, but under the advice of the Board's counsel our decision is based on his opinion that a variance from Article 7, Section 703 is required. Article 7, Section 703 states that the nonconforming use of a building or structure may be continued, subject to the regulation that the building or structure is not enlarged , extended, structurally altered, or reconstructed, except for alteration, maintenance, and repair work as is required to keep the building or structure in a safe condition. Bucklin cont. 3. The applicant stated that he has been generally successful at renting out the structure in question. 4. No on spoke in favor of the variance request, two abutters spoke against the variance request, and one letter was received opposing the request. The motion carried by a vote of 5 - 0. FORSYTHE Jim Donnelly recused himself from all deliberations and discussions regarding the Forsythe application because he is an abutter. A motion was made by Catherine Finney and seconded by Thomas Ginnerty to grant the request of Thomas Forsythe whose property is located at America Way and further identified as Tax Assessor's Plat 2, Lot 237 for a variance from Article 3, Section 308 (Setback from Freshwater Wetlands) to construct a septic system which will be 110 feet from a freshwater wetland instead of the required 150 feet. This Board has determined that this application does satisfy the requirements of Article 6, Section 6-8, Paragraphs 1 through 4, and Section 6-9, Paragraph 2. This variance is granted with the following restrictions: 1. The proposed residence is to be located 90 to 100 feet back from the property line, not 50 feet back as indicated on the submitted plan. 2. Provisions of the building code relating to water saving devices shall be strictly adhered to. This motion is based on the following findings of fact: 1. The property is located in a RR80 zone and contains 2.32 acres. 2. The location of the proposed septic system is preferable to the alternate location indicated on the plan because: - An existing tree and vegetative buffer from the street will be maintained. _ This type of buffer is typical in the subject neighborhood, thus the proposed plan is in keeping with surrounding properties. 3. One abutter and one other neighbor supported the proposed system location and were not in favor of the alternate location. The neighbors were also in favor of the change in building setback from the street. Forsythe cont. The motion carried by a vote of 5 - 0. ADJOURNMENT : 10:46 p.m.