JAMESTOWN ZONING BOARD OF REVIEW 

                 Minutes of the May 28, 1996 Meeting

A regular meeting of the Jamestown Zoning Board of Review was held at 
St. Matthew's Church Hall, 87 Narragansett Avenue. The meeting was 
called to order by the Chairman at 7:30 p.m. The clerk called the roll 
and noted the following members present:

                        Maurice Vandal,Chairman 
                             Rolf Knudsen 
                           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

 MINUTES 

 April 23, 1996 

A motion was made by Catherine Finney and seconded by Rolf Knudsen to 
accept the minutes of the April 23, 1996 meeting as written.

The motion carried unanimously.

 April 30, 1996 

The Chairman stated that the minutes of the April 30, 1996 joint 
meeting of the Zoning Board and Plannnig Commission should be put on 
the June 5, 1996 meeting agenda.

Seated: Maurice, Rolf, Catherine, Richard, and John.

 CORRESPONDENCE 

A letter from the Town Clerk re: Open Meetings Act.

A letter from the Town Clerk re: Council Rules for Committees & Ethics 
Commission Laws. 

A letter from John A. Murphy requesting to withraw the petition of 
James and Marilyn Winoker.

 OLD BUSINESS 

 Winoker 

A motion was made by Catherine Finney and seconced by Rolf Knudsen to 
grant the withdrawal of James and Marilyn Winoker without prejudice at 
the request of their attorney.

The motion carried by a vote of 5 - 0. 

 Evangelista 

A motion was made by Richard Allphin and seconded by Rolf Knudsen to 
grant the request of Steve & Elaine Evangelista whose property is 
located at 129 Decatur Ave. and further identified as Tax Assessor's 
Plat 7, Lot 39 for a variance from Article 3, Section 302 (District 
Dimensional Regulations), to build connecting structures between the 
existing house, stone shed, and garage, which connected structures will 
then be 3 feet from the rear lot line instead of the required 30 feet.

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.

This motion is based on the following findings of fact:

1. The property is located in a R40 zone and contains 48,733 sq. ft.

2. The new part of the connected structures will be 12 feet from the 
   rear lot line. 

3. A new ISDS system has been approved for 6 bedrooms. The present 
   plans are for 5 bedrooms in the new connected structures. 

4. There were letters from 4 people who were in favor of granting this 
   variance. No one opposed the granting 

John Caito requested that the motion be revised by adding the 
restriction that the present stand of cedar trees on the south side are 
to remain during and subsequent to the construction. 

The revised motion carried by a vote of 5 - 0.

John Caito recused himself from the Hammett Ct. Prop. appeal.

Seated: Maurice, Rolf, Catherine, Richard, and Tom.

 Hammett Court Properties Appeal 

After approximately 20 minutes of testimony it was decided that due to 
the full agenda, the Hammett Court Properties appeal and the Hammett 
Court Properties variance application should be heard after the other 
applications on the agenda. 

Seated: Maurice, Rolf, Catherine, Richard, and John.

 Fletcher 

A motion was made by John Caito and seconded by Richard Allphin to 
grant the request of William K. and Helen M. Fletcher whose property is 
located at 15 Spanker Street and is further identified as Tax 
Assessor's Plat 15, Lot 50 for a variance from Article 3, Section 302 
(District Dimensional Regulations), to construct an entryway 7 1/2 feet 
from the left side lot line instead of the required 10 feet.

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.

This motion is based on the following findings of fact:

1. The property is located in a R40 zone and contains 7,200 sq. ft.

2. The proposed addition is the least variance required to allow for a 
   modern functional kitchen area for the applicant. 

3. No abutters spoke against the variance. 

The motion carried by a vote of 5 - 0. 

 Quinn 

A motion was made by Catherine Finney and seconded by Rolf Knudsen to 
grant the request of John and Sylvia Quinn whose property is located at 
7 Union St. and further identified as Tax Assessor's Plat 9, Lot 699 
for a variance from Article 3, Section 302 (District Dimensional 
Regulations), to construct a shed 3 feet from the east side property 
line instead of the required 7 feet.

 Quinn cont. 

This Board has determined that this application does satisfy the 
requirements of Article 6, Section 606, Paragraphs 1 through 4, Section 
607, Paragraph 2 and more specifically Article 6, Section 600, 
Paragraphs A & C.

This motion is based on the following findings of fact:

1. The property is located in a R8 zone and contains 5,000 sq. ft.

2. The placement of the shed on the east side of the lot will minimize
   its presence to surrounding residential properties. The shed will 
   be visible only to the abutting commercial property. 

3. The proposed setback allows for the access path to the house and 
   rear yard from the driveway.

The motion carried by a vote of 5 - 0.

John Caito recused himself from the Smiley application.

Seated: Maurice, Rolf, Catherine, Richard, and Tom.

 Smiley 

A motion was made by Rolf Knudsen and seconded by Catherine Finney to 
grant the request of David S. Smiley, (Mary Notorantonio, owner) whose 
property is located at East Shore Road and is further identified as Tax 
Assessor's Plat 1, Lot 74 for a variance from Article 3, Section 302 
(District Dimensional Regulations), to construct a house which will be 
30 feet from Clinton Street (unimproved) instead of the required 40 
feet, as shown on plans submitted April 22, 1996. 

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.

This variance is granted with the restriction that no changes be made 
to Clinton Street that would prevent it from being used as a road to 
other properties in the future.

This motion is based on the following findings of fact:

1. The property is located in a RR80 zone and contains 43,600 sq. ft.

2. The applicant wants to site the house to face East Shore Road 
   instead of Clinton Street and feels this is the best plan available 
   for the site. 

 Smiley cont. 

3. There was a letter in opposition to this application, but only if 
   there were issues about placement of a septic system or well. 

4. No other abutters objected to this application.

The motion carried by a vote of 5 - 0.

Seated; Maurice, Rolf, Catherine, Richard, and John.

 Geller 

A motion was made by John Caito and seconded by Richard Allphin to 
grant the request of Steven Geller whose property is located at 50 
Green Lane and further identified as Tax Assesssor's Plat 9, Lot 234 
for a variance from Article 3, Section 302 (District Dimensional 
Regulations), to construct a breezeway addition which will be 14 feet, 
6 inches from the rear lot line instead of the required 30 feet.

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.

This motion is based on the following findings of fact:

1. The property is located in a R8 zone and contains 9,887 sq. ft.

2. The proposed structure is no closer than the existing structure to 
   the property lines. 

3. No abutters spoke against the proposed variance. 

The motion carried by a vote of 5 - 0.

John Caito recused himself from Hammett Ct. Prop. appeal & variance.

Seated: Marucie, Rolf, Catherine, Richard, and Tom.

 Hammett Court Properties appeal and variance 

A motion was made by Richard Allphin and seconded by Rolf Knudsen to 
continue the appeal and variance application of Hammett Court 
Properties to a special meeting on Tuesday, June 11, 1996, at the Town 
Hall due to the hour and the time needed to hear Hammett Ct. Properties.

The motion carried by a vote of 5 - 0.

 ADJOURNMENT : 9:21 p.m.