JAMESTOWN ZONING BOARD OF REVIEW

 

Minutes of the February 28, 2006 Meeting

 

 

A regular meeting of the Jamestown Zoning Board of Review was held at the Jamestown Library, 26 North Road.  The Chairman called the meeting to order at 7:05 p.m.  The clerk called the roll and noted the following members present:

 

 

Thomas Ginnerty

Don Wineberg

Richard Boren

Joseph Logan

Dean Wagner

Richard Cribb

 

 

Also present:       Brenda Hanna, Stenographer

Pat Westall, Zoning Clerk

Fred Brown, Zoning Officer

Jennifer Azevedo, Counsel

 

 

MINUTES

 

 

Minutes of the January 24, 2006 meeting.

 

A motion was made by Thomas Ginnerty and seconded by Richard Boren to accept the minutes of the January 24, 2006 meeting as presented.

 

The motion carried by a vote of 5 – 0.

 

 

Thomas Ginnerty, Don Wineberg, Richard Boren, Joseph Logan, and Dean Wagner voted in favor of the motion.

 

Richard Cribb was not seated and Raymond Iannetta and David Nardolillo were absent.

 

NEW BUSINESS

 

Eckert

 

A motion was made by Richard Boren and seconded by Thomas Ginnerty to grant the request of John M. & Marianne M. Eckert, whose property is located at 17 Howland Ave., and further identified as Tax Assessor’s Plat 9, Lot 358 for a variance from Article 3, Sec. 82-302 Table 3-2 to reconstruct existing garage, east side setback would be 2’ where 7’ is required, north side setback would be 8’7” where 15’ is required, add a mudroom to rear of house north side setback would be 7’9” where 15’ 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 R8 zone and contains 4,950 sq. ft.

2.               One request is to rebuild the existing garage in the identical size in the same location.

3.               One request is to add 187 sq. ft. to the house that will not encroach any further than the existing house, but will in fact encroach less.

4.               The house addition is on one floor.

5.               The relief sought is the least relief necessary.

6.               The present garage is dilapidated and cannot be repaired.

7.               The entire house along with the proposed addition will be reshingled in the same fashion.

8.               There was no opposition to the application.

 

 

The motion carried by a vote of 5 – 0.

 

Thomas Ginnerty, Don Wineberg, Richard Boren, Joseph Logan, and Dean Wagner voted in favor of the motion.

 

Richard Cribb was not seated and Raymond Iannetta and David Nardolillo were absent.

 

Bryer

 

A motion was made by Don Wineberg and seconded by Joseph Logan to grant the request of Brian D. Bryer et ux Nannette A., (Kathleen Millett, owner), whose property is located at Prospect Ave., and further identified as Tax Assessor’s Plat 2, Lot 43 for a variance from Article 3, Section 302 (District Dimensional Regulations) Table 3-2 to construct a single family dwelling on a lot fronting on a private street. 

 

This Board has determined that this application does satisfy the requirements of ARTICLE 6,SECTION 600,SECTION 606, and SECTION 607, PARAGRAPH 2.

 

This variance is granted with the following restrictions:

 

1.     The owner will relocate any portion of their private/access road off of Lot 47 unless the Town of Jamestown approves otherwise.

2.     The owners, and not the Town, shall be responsible for maintenance and plowing the private/access road in a manner that will allow emergency vehicles to pass safely. Nor shall the Town be liable to the owners or others for any acts, omissions or other circumstances relating to the private/access road.

 

This motion is based on the following findings of fact:

 

1.               Said property is located in a RR80 zone and contains 80,000 sq. ft.

2.               The lot is conforming in all respects except that the frontage is on a private road rather than a public one.

3.               Two other similarly sized lots on the same street have been given permission by previous Zoning Boards to be developed.

 

The motion carried by a vote of 4 – 1.

 

Thomas Ginnerty voted against the motion.

 

Don Wineberg, Richard Boren, Joseph Logan, and Dean Wagner voted in favor of the motion.

 

Richard Cribb was not seated and Raymond Iannetta and David Nardolillo were absent.

 

AMS Dev.

 

A motion was made by Joseph Logan and seconded by Don Wineberg to grant the request of AMS Development Corp., regarding property presently owned by Morris, Ann M. & Eileen, located on Spindrift St., and further identified as Tax Assessor’s Plat 5, Lot 280 for a special use permit as required by Jamestown Ordinance 82—314C. (High ground water table and impervious overlay district) to allow the installation of a new individual sewage disposal system (ISDS) in order to construct a single-family house on the site as approved under development plan review by the Jamestown Planning Commission. 

 

This Board has determined that this application does satisfy the requirements of ARTICLE 6,SECTIONS 600 and 602.

 

 

This Special Use Permit is granted with the restriction that the opening between the den and dining room be widened to 5 feet.

 

This motion is based on the following findings of fact:

 

1.         Said property is located in the R40 district and contains 7,200 sq. ft.

2.         The approved ISDS is of the most advanced design to treat nitrogen and bacteria, sized for 2 bedrooms.

3.         The storm water plan is in accord with the Planning Department request.

4.         Planning has unanimously recommended approval.

5.         There were 3 objectors and a written objection.  The objections were generally concerned about the cumulative effect on wells and septic systems.

 

The motion carried by a vote of 5 – 0.

 

Thomas Ginnerty, Don Wineberg, Richard Boren, Joseph Logan, and Dean Wagner voted in favor of the motion.

 

Richard Cribb was not seated and Raymond Iannetta and David Nardolillo were absent.

 

Town of Jamestown

 

A motion was made by Thomas Ginnerty and seconded by Joseph Logan to grant the request of the Town of Jamestown, whose property is located at 93 Narragansett Ave., (Town Hall) and 22 West St. (Planning Office) and further identified at Tax Assessor’s Plat 9, Lot 34 and 35, is seeking the following relief as allowed under the Zoning Ordinance:

     A special use permit under Article 3, Section 82-300, Uses and Districts, Table 3-1, IV Government, Educational, Institutional, 9. Government facility.  A dimensional variance under Article 3, Section 82-300, District Dimensional Regulations, Table 3-2, building height of 39 feet wherein 35 feet is allowed, lot size of 21,706 square feet, wherein 40,000 square feet is required.  A dimensional variance under Article 12, Section 82-1203, Minimum off-street Parking Requirements, 26 spaces provided, 40 spaces being required.  A special use permit under Article 12, Section 82-1205, Shared Parking.

    

The above relief is sought in the proposed addition/renovation of the existing Town Hall.

 

Regarding this request, this Board has determined that this application does satisfy the requirements of ARTICLE 6,SECTION 600.

 

Regarding the request for a Variance, 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.

 

Regarding the request for a Special Use Permit, this Board has determined that this application does satisfy the requirements of ARTICLE 6,  SECTION 602.

 

This Variance is granted with the restriction that the applicant shall record a shared parking agreement referred to at the hearing with the recorder of deeds.

 

This motion is based on the following findings of fact:

 

1.         Said property is located in a Public Zone and contains 21,706 sq. ft.

2.          The project was unanimously approved by the Planning Board.

3.          The height relief was to maintain architectural integrity.  The adjacent buildings are both taller that the proposed new building thereby justifying the height relief.

4.          There were no objectors.

 

The motion carried by a vote of 5 – 0.

 

Thomas Ginnerty, Don Wineberg, Richard Boren, Joseph Logan, and Dean Wagner voted in favor of the motion.

 

Richard Cribb was not seated and Raymond Iannetta and David Nardolillo were absent.

 

ADJOURNMENT

 

A motion was made and seconded to adjourn at 9:07 p.m.

 

The motion carried unanimously.