JAMESTOWN ZONING BOARD OF REVIEW
Minutes of the July 23, 1996 Meeting
A regular meeting of the Jamestown Zoning Board of Review was held at
the Jamestown Town Hall, 93 Narragansett Avenue. The meeting was
called to order by the Vice-Chairman at 7:35 p.m. The clerk called the
roll and noted the following members present:
Rolf Knudsen, Vice-Chairman
Catherine Finney
Richard Allphin
Thomas Ginnerty
Dennis Grieco
Also present were:
Pat Westall, Zoning Clerk
Jane Fitts, Stenographer
Fred W. Brown, Zoning Officer
James Donnelly, Town Solicitor
Catherine Finney recused herself from sitting on the Nicholson
application.
Dennis Grieco recused himself from sitting on the Fargnoli application.
MINUTES
April 30, 1996
The minutes were amended on page #1 to change investment to assistant
and change Mr. to Mrs.
A motion was made by Catherine Finney and seconded by Thomas Ginnerty
to accept the minutes of the April 30, 1996 meeting as amended.
The motion carried by a vote of 5 - 0.
June 5, 1996
There was not a quorum for the June 5, 1996 minutes because Richard
Allphin had recused himself at that meeting.
June 25, 1996
A motion was made by Catherine Finney and seconded by Richard Allphin
to accept the minutes of the June 25, 1996 meeting.
The motion carried by a vote of 5 - 0.
CORRESPONDENCE
A letter from John A. Murphy re: Joint Hearing (CMS/Shower House).
Put on agenda #1 under old business.
A copy of a letter from Fred Brown to Kenyon Oil Co. re: signs at Plat
9, Lot 246.
A copy of a letter to the Town Council from John Caito re: resignation.
A copy of a letter to John Caito from Denise Jennings re: acceptance of
resignation.
CRMC Coastal Features Summer 1996 Volume IV, No. 4.
A letter from William & Sue Nicholson re: zoning application.
OLD BUSINESS
CMS
A letter was received withdrawing the application for development plan
review, variances, and a special use permit and requesting that the
withdrawal be granted without prejudice.
There was no quorum as Richard Allphin had recused himself on this
application.
It will be put on the August 27, 1996 meeting agenda.
Hammett Court Properties
Variance
John Murphy requested that the variance application of Hammett Court
Properties, Inc. be withdrawn without prejudice.
A motion was made by Richard Allphin and seconded by Thomas Ginnerty to
grant the withdrawal of the variance application of Hammett Court
Properties, Inc. without prejudice.
The motion carried by a vote of 5 - 0.
Hammett Court Properties
Appeal
A motion was made by Dennis Grieco and seconded by Thomas Ginnerty to
grant the request to reopen the appeal hearing of Hammett Court
Properties, Inc.
The motion did not carry by a vote of 1 - 4.
Dennis Grieco voted in favor of the motion.
Rolf Knudsen, Catherine Finney, Richard Allphin, and Thomas Ginnerty
voted against the motion.
Jamestown Bayview Condos
A motion was made by Richard Allphin and seconded by Dennis Grieco to
grant the request of Jamestown Bayview Condos whose property is located
at 53 Conanicus Avenue and further identified as Tax Assessor's Plat 8,
Lot 170 for a Use Variance from Article 3, Section 301 (Permitted Uses
- Section VIII, Industrial Non-Manufacturing - #11. Underground Storage
Tanks) to allow the installation of four 1,000 gallon underground LP
gas tanks.
This Board has determined that this application does satisfy the
requirements of Article 6, Section 606, Paragraphs 1 through 4, and
Section 607, Paragraph 1.
In particular reference to Article 6, Section 607, Paragraph 1 because
of unadequate heating some units can not be used at all in mid-winter
and therefore do not have a beneficial use.
This motion is based on the following findings of fact:
1. The property is located in a DM zone and contains 36,427 sq. ft.
2. Evidence was presented that the condo units are not presently being
heated adeguately and can not be adeguately heated with other than
the proposed propane system.
3. Outside experts were called in to suggest alternatives which were
tried and did not solve the heating problem.
4. Many condo residents spoke in favor of this request. One Jamestown
resident spoke against the request.
The motion carried by a vote of 4 - 1.
Thomas Ginnerty voted against the motion.
NEW BUSINESS
Fargnoli
A motion was made by Catherine Finney and seconded by Richard Allphin
to continue the application of Donald and Carol Fargnoli to the August
27, 1996 meeting due to no quorum.
The motion carried unanimously.
Patrons of Husbandry
Variance
A motion was made by Thomas Ginnerty and seconded by Catherine Finney
to grant the request of the Patrons of Husbandry whose property is
located at 6 West Street, and further identified as Tax Assessor's Plat
9, Lot 523 for a special use permit under Article 7, Section 704
(Alteration of a Non-conforming Use) to allow the addition of an
elevator for handicap accessibility.
This motion is based on the fact that current law (ADA) requires
handicapped access and an elevator provides appropriate compliance.
The motion carried by a vote of 5 - 0.
Patrons of Husbandry
Building Code Appeal
A motion was made by Thomas Ginnerty and seconded by Catherine Finney
to grant the request of the Patrons of Husbandry whose property is
located at 6 West Street, and further identified as Tax Assessor's Plat
9, Lot 523 for relief from several articles of the State Building Code
pertaining to required fire separation assemblies for a proposed
elevator addition which would constitute a substantial improvement to
an existing structure.
This relief is granted with the restriction that a plan for compliance
with all Building Code provisions be approved within twelve months by
the Building Official.
This motion is based on the fact that the property is located in a CD
zone and contains 6,200 sq. ft.
The motion carried by a vote of 5 - 0.
Schweitzer
A motion was made by Catherine Finney and seconded by Dennis Grieco to
grant the request of Kathleen Schweitzer and Robert M. Burgess whose
property is located at 71-73 Carr Lane, and further identified as Tax
Assessor's Plat 4, Lot 32 for a special use permit under Article 7,
Section 704 (Alteration of a Non-conforming Use) to construct (on one
of the two buildings on the lot), an addition to enlarge the kitchen
area and to construct a deck off this kitchen area.
This motion is based on the following findings of fact:
1. The property is located in an RR200 zone and contains 80,000 sq. ft.
2. The proposed addition is within all setbacks.
3. Under the plan, approximately 60 sq. ft. of dilapidated structure
will be removed. The net increase in gross living area is therefore
approximately 122 sq. ft.
4. The proposed addition does not increase the degree of nonconformity.
This exception to the terms of the ordinance is in harmnony with the
general purposes and intents of the ordinance and the Comprehensive
Plan. The addition is requested to increase the utility and comfort
of the house.
The motion carried by a vote of 4 - 1.
Thomas Ginnerty voted against the motion.
Nicholson
A motion was made by Thomas Ginnerty and seconded by Richard Allphin to
continue the application of William and Sue Nicholson to the August 27,
1996 meeting due to no quorum.
The motion carried unanimously.
ADJOURNMENT :11:30 p.m.