Minutes of the February 28, 2006
Meeting
A
regular meeting of the Jamestown Zoning Board of Review was held at the
Jamestown Library,
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
A motion
was made by Thomas Ginnerty and seconded by Richard Boren to accept the minutes
of the
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
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.
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
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
A motion
was made by Thomas Ginnerty and seconded by Joseph Logan to grant the request
of the Town of
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
The
motion carried unanimously.