JAMESTOWN ZONING BOARD OF REVIEW Minutes of the August 27, 1996 Meeting A regular meeting of the Jamestown Zoning Board of Review was held at the Jamestown Town Hall, 93 Narragansett Avenue on August 27, 1996. The meeting was called to order by the Chairman at 7:35 P.M. The Stenographer called the roll and noted the following present: Maurice Vandall, Chairman Rolf Knudsen Catherine Finney Richard Allphin Thomas Ginnerty Dennis Grieco Also present were: James Donnelly, Town Solicitor Jane Fitts, Stenographer MINUTES June 5, 1996 A motion was made by Catherine Finney to accept the minutes of June 5, 1996 as printed, seconded by Rolf Knudsen. The motion carried by a vote of 5 - 0. July 23, 1996 A suggestion was made to amend the minutes in the paragraph titled Patrons of Husbandry, Building Code Appeal in the sentence "This relief is granted with the restriction that a plan for compliance with all Building Code provisions be approved within twelve months," to add by the Building Official. A motion was made to amend the minutes by Thomas Ginnerty, seconded by Richard Allphin. The motion carried by a vote of 5 - 0. CORRESPONDENCE A letter concerning the postponement of the Kenneth Miller hearing from 8/27/96 to the next meeting of 9/24/96 was read. A motion was made to continue the Miller hearing to 9/24/96 by Catherine Finney, seconded by Richard Allphin. The motion carried by a vote of 5-0. OLD BUSINESS CMS Richard Allphin recused himself from sitting. Sitting on the motion is Dennis Grieco, Ralph Knudsen, Catherine Finney, Thomas Ginnerty, and Maurice Vandall. William Munger request to withdraw the petition without prejudice. James Hyman objected to the request to withdraw without prejudice, and asked to allow withdraw with prejudice so Munger would have to wait a year before he refiles. Francis Colane also objected, request to withdraw with prejudice. John Dowling also heard, does not want any building approved. A motion made by Dennis Grieco to grant the request of CMS Services to withdraw application for special use facility with respect to a shower house facility on lot 355 without prejudice. I make the basis with the following reason the applicant made a good faith effort to proceed before the Planning Commission and this Board, but the applicant's Thomas Todd can not appear before the Planning Commission until after October 1996. It is more efficient for the Board to decide development plan prior to coming or contemporaneously to this Board. Objectors to the application will have an opportunity to be heard when and if the application is submitted. Motion seconded to by Rolf Knudsen. Motion carried 5 - 0. DONALD & CAROL FARGNOLI Dennis Grieco recused himself. Sitting on motion is Rolf Knudsen, Catherine Finney, Thomas Ginnerty, Richard Allphin, and Maurice Vandall. Carol Fargnoli request from dimensional regulation relief from Article III, Section 302 to construct a breezeway connecting the house to the garage. Exhibit A - Picture of house and garage. Exhibit B1 & B2 - Pictures Exhibit C1 & C2 - Pictures. Exhibit D - Pictures. Exhibit E No one spoke for; no one spoke against. Motion made by Catherine Finney to grant the request of Donald Fargnoli and Carol Fargnoli. The property is located at 158 Racquet Road further identified by tax assessors plat 9, lot 582 for variance application to erect a breezeway about eleven feet from rear lot line instead of thirty feet to connect existing residence to an existing garage. The connected structure is ten feet from rear lot line instead of required thirty feet. This Board determines this application does satisfy the requirement of Article 6 Section 606 paragraph 1 - 4 and Section 607 paragraph 2. The motion is based on the following finding of facts: One, the property is located in R40 zone contains 62,450 square feet. Two, proposed breezeway provide weather tight access from the home to the garage and storage place in the garage as the home has no basement. The garage provides the primary storage place. The density 5 percent well within the district confinements. Motion seconded by Thomas Ginnerty. Motion carried 5 - 0. WILLIAM & SUE NICHOLSON Catherine Finney recused herself. Susan Nicholson presented the case along with William Nicholson for dimensional set back variance. Exhibit A1 & A2 - Layout of the land. Exhibit B - Elevation Exhibit C - Elevation Exhibit D - Pictures Mary Meagher spoke in favor of the variance. Jean-guy Schilling spoke against. A motion made by Thomas Ginnerty to grant the request of William and Susan Nicholson whose property located at 366 East Shore Road further identified as tax assessors plat 4 lot 50 for a variance from article 302 to rebuild and enlarge an attached garage ten feet three inches from side lot line instead of required thirty feet. This board determines the application does satisfy the requirements of Article 6, Section 606, paragraph 1 - 4, Section 607 paragraph 2 in particular reference to Article 6 Section 606 paragraph 4 and 607 paragraph 2 that the relief granted is least relief necessary, and if variance not granted, it shall amount to more than a mere inconvenience. The variance granted with following restrictions: The property owners retain and or develop if necessary vegetation buffer as presently exist upon north boundary. The motion is based on following findings of fact, property exist on RR80 zone, and contains 3.67 acres, and the property presently has attached garage and application wishing to continue that use. Motion seconded by Rolf Knudsen. Motion carried 5 - 0. NEW BUSINESS MUNGER Richard Allphin recused. Sitting was Dennis Grieco, Rolf Knudsen, Catherine Finney, Thomas Ginnerty, Maurice Vandall. William Munger did presentation to increase size of wave screen. James Hyman requested presence of Fred Brown to answer questions on parking issue and site plan review. James Donnelly to check with Mark Browning on site plan review. Motion made by Rolf Knudsen to continue to September 24, 1996 meeting for Fred Brown to be present and for question of a site plan review to be answered. Catherine Finney seconded. The motion carried 5-0 in favor. PHILLIPS Kevin Phillips did the presentation to add a second floor, bathroom, and deck on rear. Exhibits A1, A2, A3 - photographs. No one spoke for; no one spoke against. A motion made by Richard Allphin to grant the request of Kevin and Joanne Phillips, 20 Lawn Avenue, further identified as tax assessors plat 8, lot 525, for variance on Section 302 district dimensional regulations table 3 - 2 to construct a second story addition which will be four feet four inches from the north property line instead of required ten feet. This board determines application to satisfy the requirements of Article 6 Section 606, paragraph 1 - 4 and Section 607 paragraph 2. This motion based on following findings of fact: one, the property is located in R20 zone and containes 9,000 square feet. Two, until recently there has been attached deck in location requested for addition so no increase in set back relief needed beyond four feet four inches existing for that deck. No one spoke against granting this variance. Motion seconded by Thomas Ginnerty. Motion carried 5 - 0. Motion made to adjourned the meeting at 9:50 by Catherine Finney, seconded by Thomas Ginnerty. Motion carries 5 - 0.