JAMESTOWN ZONING BOARD OF REVIEW

 

Minutes of the March 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 7:03 p.m.  The clerk called the roll and noted the following members present:

 

Thomas Ginnerty

Don Wineberg

Richard Boren

Joseph Logan

David Nardolillo

Dean Wagner

Richard Cribb

 

 

Also present:       Brenda Hanna, Stenographer

Pat Westall, Zoning Clerk

Fred Brown, Zoning Officer

Jennifer Azevedo, Counsel

 

MINUTES

 

Minutes of the February 28, 2006 meeting.

 

A motion was made by Thomas Ginnerty and seconded by Don Wineberg to accept the minutes of the February 28, 2006 meeting as presented.

 

The motion carried by a vote of 5 – 0.

 

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

 

Dean Wagner and Richard Cribb were not seated and Raymond Iannetta was absent.

 

 

NEW BUSINESS

 

Corredora

 

A motion was made by Don Wineberg and seconded by Joseph Logan to grant the request of Lino Corredora, (Beatrice C. Burns, owner) whose property is located between Hull and Stern Streets, and further identified as Tax Assessor’s Plat 14, Lot 80 for a special use permit as required by Jamestown Ordinance 82-314C.2. (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 motion is based on the following findings of fact:

 

1.     This property is located in the R40 zone and contains 14,400 sq. ft.

2.         The applicant has reduced the number of bedrooms, the size of the house, and the amount of disturbance from the previous application.

3.         The Planning Commission unanimously recommended approval of the application.

4.         The plan for the house is clearly for two bedrooms.

 

This motion is also based on the following conclusions of law:

 

1.          If the doctrine of administrative finality is considered to apply, the Board has concluded that the diminished scale of the project is a significant enough change to overcome the application of the doctrine.

 

The motion carried by a vote of 5 – 0.

 

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

 

Dean Wagner and Richard Cribb were not seated and Raymond Iannetta was absent.

 

McIntyre

 

A motion was made by Don Wineberg and seconded by Joseph Logan to adopt approval as previously approved in 2001.

 

After some discussion Don withdrew the motion.

 

A motion was made by Don Wineberg and seconded by Thomas Ginnerty to grant the request of Ruth D. McIntyre/J. Patrick McIntyre, whose property is located at 51 Bryer Ave., and further identified as Tax Assessor’s Plat 8, Lot 219 for a variance from Article 7, Section 705 (Alteration of a Nonconforming Structure) to renovate & expand an existing garage located approximately 9’ from the front lot line, instead of 30’, and 10’ from the side lot line instead of 20’.

 

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 restriction that a mutually agreeable plan for landscaping be worked out between the applicant and the neighbor who objected to the application in 2001.

 

This motion is based on the following findings of fact:

 

1.               Said property is located in a R20 zone and contains 23,573 sq. ft.

2.                   The application is identical to one that was approved on October 23, 2001 and allowed to lapse.

3.                   No facts have come to light to change the Board’s opinion from the decision of Oct. 23, 2001.

4.                   The findings of fact number 2 through 4 set forth in the October 23, 2001 approval are hereby incorporated by reference.

5.                   The applicant indicated that the landscaping plan had been mutually agreed to.

 

The motion carried by a vote of 5 – 0.

 

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

 

Dean Wagner and Richard Cribb were not seated and Raymond Iannetta was absent.

 

ADJOURNMENT

 

A motion was made and seconded to adjourn at 8:04 p.m.

 

The motion carried unanimously.