ZONING BOARD MINUTES
  Meeting of September 24, 1996
  Town Hall

Meeting came to order at 7:30 pm.
Roll was called by the Recording Secretary and the following members were
present:
Maurice Vandal
Rolf Knudsen
Catherine Finney
Richard Allphin
Thomas Ginnerty
Dennis Grieco

Also Present: Kim Turcone, Recording Secretary
        Jane Fitts, Stenographer
        Fred Brown, Building Official
        Jim Donnelly, Town Solicitor

APPROVAL OF MINUTES
A motion was made by Catherine Finney and seconded by Dennis Grieco to
accept the minutes of August 26, 1996 as corrected by Richard Allphin.
      The corrections are as follows:
page 3 - line 7, change "he" to "Munger"
page 4 - line 3.5, change "Rackett" to "Racquet"
      line 10, change .05 % to 5%
      line 21.5, change "lot 550" to "lot 50"
           change to read "to rebuild garage" and strike           
"enlarge" and "attached"
Page 5 - line 3, change R80 to RR80
      line 4, add to the end of sentence "containing 3.6 acres
      line 11, change "cite" to "site"
      line 20.5, add to "Plat 8" "Lot 825"
So voted:  5-0

CORRESPONDENCE:
None at this time, move on to Old Business.

OLD BUSINESS
1.   Alteration application of Marilyn Munger.  Mrs. Munger's application
was heard by Maurice Vandal, Rolf Knudsen, Catherine Finny, Thomas
Ginnerty, and Dennis Grieco.
      Richard Allphin recused himself.
      A motion was made to dismiss application on failure of notice, due
to applicant, without prejudice because of improperly advertising
application hearing, applicant needed a Viti Variance and not a special
exception for an alteration of a non-conforming use (as requested by the
applicant) by Dennis Grieco and seconded by Thomas Ginnerty.
      So voted:  5-0  
Application is postponed until further notice to the Zoning Board.

2.   Variance application of Kenneth Miller.  WITHDRAWN

NEW BUSINESS
1.   Variance application of Mary and Joseph Mirra.  Mr. and Mrs. Mirra's
application was heard by Maurice Vandal, Rolf Knudsen, Catherine Finney,
Richard Allphin, and Thomas Ginnerty.
      Not seated was Dennis Grieco.
      A motion was made to grant a continuance for a later date after the
Planning Commission hears from the Mirra's by Richard Allphin and seconded
by Rolf Knudsen.  So voted:  5-0.

2.   Variance application of Kenneth and Noreen Farrelly.  Mr. and Mrs.
Farrelly's application was heard by Maurice Vandal, Rolf Knudsen,
Catherine Finney, Richard Allphin, and Thomas Ginnerty.
      Not seated was Dennis Grieco.  

A motion was made by Catherine Finney and seconded by Thomas Ginnerty to
GRANT the request of Kenneth D. Farrelly, Jr., whose property is located
at 395 Schooner Avenue, and is further identified as Tax Assessor's Plat
3, Lot 323 for a variance from Article 3, section 302 (District
Dimensional Regulations), Table 3-2, to construct an addition to the
northerly side of the existing dwelling which will be 5 feet from the
northern 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 of the following finding
facts:
  1. The property is located in an R 40 Zone and contains     7,200 sq.
feet.
  2. The location of the septic system precludes construction       of the
addition to the rear of the home.
      The location of      the well and need for parking area precludes
putting the       addition to the front of the lot. 
  3. The abutting residence to the north is well back from the      lot
line in question.
So voted:  5-0

3.   Building Code Appeal of Scott and Susan Wynn.  Seated were Maurice
Vandal, Rolf Knudsen, Richard Allphin, Thomas Ginnerty, and Dennis Grieco.
      Catherine Finney recused.

A motion was made by Richard Allphin and seconded by Dennis Grieco to
GRANT the request of Scott and Susan H. Wynn whose property is located at
4 Clinton Avenue, and is further identified as Tax Assessor's Plat 9, Lot
407 for relief from Section R 202, of the Rhode Island building code to
install windows in an exterior wall located less than 3 feet from the
property line.  This motion is based on the following findings of fact:
  1. The Property is located in a CD ZONE and contains 3,300     sq. feet.
  2. The Building Official stated that he feels relief from      the
"window" clause of SECTION R 202 is a reasonable     accommodation. 
  3. The neighbor on the side of the exterior wall in question     
submitted a letter in favor of allowing windows.
So voted:  5-0

4.   Variance application of Michael and Joan Faella.  Seated were Maurice
Vandal, Rolf Knudsen, Catherine Finney, Thomas Ginnerty, and Dennis
Grieco.  Richard Allphin recused.

A motion was made by Thomas Ginnerty and seconded by Rolf Knudsen to GRANT
the request of Michael and Joan Dockrey Faella, whose property is located
at 114 Umiak Avenue, and is further identified as Tax Assessor's Plat 3A,
Lot 55 for a VARIANCE from ARTICLE 3, SECTION 302, to construct an
addition to their single family home which will be seventeen feet from
Capstan Street 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 28,504      sq.
feet.
  2. That the owner suffers from a chronic progressive disease      of the
nervous system.
  3. That the variance application is supported by one     neighbor and
opposed by none.
  4. That the proposed plan will enhance the medical needs of       the
applicant.
So voted:  5-0

Motion was made by Richard Allphin and seconded by Thomas Ginnerty to
adjourn the meeting at 10:05 pm.

Attest:

Kimberly Turcone
Recording Secretary