Minutes of the March 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
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
A motion
was made by Thomas Ginnerty and seconded by Don Wineberg to accept the minutes
of the
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
3.
No facts have come to light to change the
Board’s opinion from the decision of
4.
The findings of fact number 2 through 4 set
forth in the
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
The
motion carried unanimously.