ZONING BOARD MINUTES
  Meeting of November 26, 1996  
  Town Hall

Meeting came to order at 7:35 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
Guy Settipane

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 Thomas Ginnerty to
accept the minutes of October 22, 1996 as written.
So voted:  6-0

CORRESPONDENCE:
(1)  A letter from William Ashton RE: letter to Fred Brown regarding CMS.
      The Board agreed to discuss CMS according to the order of the
agenda. 
(2)  RIAPA In The Balance - Received and Acknowledged
(3)  Coastal Features Vol. V, No. 1 - Received and Acknowledged.

NEW BUSINESS

1.   Special Use Permit of Mary W. Murphy
Seated were: Dennis Grieco, Rolf Knudsen, Thomas Ginnerty, Maurice Vandal,
and Catherine Finney.
      Guy Settipane was not seated and Richard Allphin recused himself.
Motion made by Catherine Finney and seconded by Rolf Knudsen to GRANT the
request of Mary Murphy whose property is located at 59 Walcott Avenue and
is further identified as Plat 9, Lot 752 for a one year continuance of the
original special exception granted on February 23, 1987 to establish a
Guest or Lodge house in the Form of a Bed & Breakfast.
The Board is satisfied, as it was each year since 1988 that the applicant
has conformed to the stipulated conditions of operation.

This approval is subject to the following conditions:
1) The Bed and Breakfast shall be run in accordance with the 18 point of
operation specified in previous approvals.

This motion is based on the following findings of fact:
1) The property is located in a R40 ZONE and contains 71,997 sq. ft.
2) The continued operation of a Bed & Breakfast is not contrary to the
public interest
3) A letter from the Police Chief indicated that there have been no
complaints about the operation over the past year.

2.   Variance application of Craig & Stephanie Amerigian
Seated were: Richard Allphin, Catherine Finny, Maurice Vandal, Rolf
Knudsen, and Thomas Ginnerty.
      Guy Settipane and Dennis Grieco were not seated. 
Motion was made by Richard Allphin and seconded by Rolf Knudsen to GRANT
the request of Craig and Stephanie Amerigian whose property is located at
194 Narragansett Avenue and is further identified as Tax Assessor's Plat
8, Lot 43 for a VARIANCE from ARTICLE 7, SECTION 705 (Nonconforming Uses,
Alteration of a Nonconforming Structure), and ARTICLE 3, SECTION 302,
Table 3-2 (District Dimensional Regulations), To make alterations to an
existing nonconforming structure. 

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 R20 ZONE and contains 15,000 sq. ft.
2. The present foundation and walls will be used, only the roof will be
altered.
3. One overhang on the proposed new roof will extend about a foot further
into the south boundary set back area.
      The new roof will be about (1) foot from the south boundary instead
of the required 10 feet.

3.   Variance & Special Use Permit of Conanicut Yacht Club
Due to only 2 lots being advertised, and not 3, Conanicut Yacht Club
requested to reapply.

Motion was made by Catherine Finney and seconded by Rolf Knudsen to
withdraw Conanicut Yacht Club's application with out prejudice.

OLD BUSINESS

1.   Variance re-application of Marilyn Munger
Seated were: Maurice Vandal, Guy Settipane, Catherine Finney, Thomas
Ginnerty, Dennis Grieco.
      Rolf Knudsen was not seated and Richard Allphin recused himself.

Maurice Vandal reminded the public that Marilyn Munger's re-application
was still in Executive Session and no comments from the floor were to be
heard.

The Board requested Mr. Ashton's letter to remain unopened and place in
the file as unread.  So voted:  5-0.

Motion was made by Dennis Grieco and seconded by Maurice Vandal to GRANT
the request of Marilyn A. Munger whose property is located at conanicus
Avenue, and is further identified as Tax Assessor's Plat 9, Lot 354 for a
VARIANCE from Article 12, Section 1202 (Parking), and Article 606 and 607
(2), To modify a previously granted assent to construct 198 feet of
pier/wave screen without on-site parking.

This motion is based on the following findings of fact:
1. The property is located in a CW ZONE and contains 9,600 sq. ft.
2. The hardship from which the applicant seeks relief is the erosion
damage caused to the land encompassing the marina by the sea and storms.
3. Causing the applicant to build the wave screen without combining its
use as a pier to tie vessels too would amount to more than an
inconvenience.
4. It would not be a reasonable alternative to require him to outlay the
funds necessary to build the wave screen without allowing him to offset
the costs with the income used from tying the vessels to waive the
screen/pier.

Votes were taken as follows:
Maurice Vandal - Aye            Guy Settipane - Nay
Catherine Finney - Nay          Thomas Ginnerty - Nay
Dennis Grieco - Aye

So voted: 2-3.  Motion does not carry and applicants request is denied. 

Maurice Vandal wanted to remind all Board members that the Procedural
Matters should be discussed further in January.

A motion was made by Catherine Finney and seconded by Thomas Ginnerty to
adjourn the meeting at 10:24 pm.

Attest:

Kimberly Turcone
Recording Secretary