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.