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Properties, Inc. be withdrawn without prejudice.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.