Minutes of the November 28, 2006
Meeting
A
regular meeting of the Jamestown Zoning Board of Review was held at the
Jamestown Library,
Don Wineberg
Richard Boren
Joseph Logan
David Nardolillo
Dean Wagner
Richard Cribb
Also
present: Brenda Hanna, Stenographer
Pat Westall, Zoning Clerk
Fred Brown, Zoning Officer
J. William W. Harsch, Counsel
MINUTES
Minutes
of the
A motion
was made by Don Wineberg and seconded by Richard Boren to accept the minutes of
the
The
motion carried by a vote of 5 – 0.
Don
Wineberg, Richard Boren, Joseph Logan, David Nardolillo, and Dean Wagner voted
in favor of the motion.
Richard
Cribb was not seated and Thomas Ginnerty and Raymond Iannetta were absent.
CORRESPONDENCE
A letter
from Robert Galvin requesting a one-year extension of a previously granted
variance.
Galvin
A motion
was made by Don Wineberg and seconded by Richard Boren to grant the request of
Robert Galvin for a one-year extension of a previously granted variance for
Plat 3,
The
motion carried by a vote of 5 – 0.
Don
Wineberg, Richard Boren, Joseph Logan, David Nardolillo, and Dean Wagner voted
in favor of the motion.
Richard
Cribb was not seated and Thomas Ginnerty and Raymond Iannetta were absent.
A letter
from Julia Gerald on behalf of the Musumecis requesting a continuance of their
application to the
Mesumeci
A motion
was made by Don Wineberg and seconded by Joseph Logan to grant the request of
the Musumecis to continue their application to the
The
motion carried by a vote of 5 – 0.
Don
Wineberg, Richard Boren, Joseph Logan, David Nardolillo, and Dean Wagner voted
in favor of the motion.
Richard
Cribb was not seated and Thomas Ginnerty and Raymond Iannetta were absent.
NEW
BUSINESS
A motion
was made by Richard Boren and seconded by Joseph Logan to grant the request of
Elaine Enterprises Inc., whose property is located at Prospect Ave. & North
Main Rd., and further identified as Tax Assessor’s Plat 1, Lots 52 & 53 for
a Variance and Special Use Permit from Article 3, Section 82-314, High Ground
Water Table and Impervious Layer Overlay District, and Article 3, Table 3-2, to
construct a 26 ft. x 36 ft. 2 bedroom single family residence on a
nonconforming lot in a High Ground Water Table and Impervious Layer Overlay
District with less than the required lot size and yard set backs.
Regarding
this request, this Board has determined that this application does satisfy the
requirements of ARTICLE 6, SECTION 600
Regarding
the request for a Variance, 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.
Regarding
the request for a Special Use Permit, this Board has determined that this
application does satisfy the requirements of ARTICLE 6, SECTION 602.
This
Variance is granted with the following restrictions: (1) that all appeals to
Superior Court from the denial of the previous application shall be withdrawn
and dismissed with prejudice upon the appeal period passing from this decision
without a further appeal, and (2) the proposed structure will be built in
substantial conformance with the plans submitted with this application.
This motion
is based on the following findings of fact:
1.
Said
property is located in a RR80 zone and contains 15,338 sq. ft.
2.
The
Planning Commission has provided a positive recommendation for a 2-bedroom
house.
3.
The
doctrine of administrative finality is not applicable.
4.
The
plan has been reduced from 3 bedrooms to 2 bedrooms as the Zoning Board
recommended previously.
5.
The
plans have been modified from the previous plan to require less relief.
6.
The
Town Engineer has positively commented in regard to subsurface structures, ISDS
system and storm water management.
7.
All
run off will pass into the depression.
8.
The
lot is larger than most lots in the area.
9.
The
swales are approximately 1 foot deep and should drain within 12 hours.
10.
The
swales are not meant to be ponds.
11.
The
new plan has met the concerns of the Zoning Board as set forth in the
12.
The
relief sought is the least relief required.
13.
The
The
motion carried by a vote of 4 – 1.
Don
Wineberg voted against the motion.
Richard
Boren, Joseph Logan, David Nardolillo, and Dean Wagner voted in favor of the
motion.
Richard
Cribb was not seated and Thomas Ginnerty and Raymond Iannetta were absent.
A motion
was made by David Nardolillo and seconded by Joseph Logan to grant the request
of Peter and Joseph DiBiase, whose property is located at Beach Ave. and Ferry
St., and further identified as Tax Assessor’s Plat 5, Lots 52 & 53 for a Special
Use Permit from Article 3, Section 82-314 to construct a single family two
bedroom home within the “High Groundwater Table and Impervious Layer Overlay
District”.
This Board
has determined that this application does satisfy the requirements of ARTICLE
6, SECTIONS 600 and 602.
This motion is subject to the following
conditions: (1)
Approval is based on merge of lots 52 & 53, and
(2) Approval is granted
that the structure will be built in substantial conformance of plan submitted
with application.
This motion
is based on the following findings of fact:
1.
Said
property is located in a R40 zone and contains 14,400 sq. ft.
2.
They
have met all standards of the ordinance for High Groundwater Table and
Impervious Layer Overlay District.
3.
The
proposal will not in any way affect or harm the health, safety of residents of
4.
The
DiBiase’s have not only met the standards of the High Groundwater Table and
Impervious Layer Overlay District, but have presented a plan which could be
used for future developments. They have gone well beyond the spirit of the
ordinance.
5.
They
have received recommendation for approval from Planning and satisfy Town
Environmental Engineering requirements.
6.
The
DiBiase’s have also included an agreement to sell Lot 67 Plat 15 to the Town
for the amount of $50,000.00.
The
motion carried by a vote of 5 – 0.
Don
Wineberg, Richard Boren, Joseph Logan, David Nardolillo, and Dean Wagner voted
in favor of the motion.
Richard
Cribb was not seated and Thomas Ginnerty and Raymond Iannetta were absent.
Lilly
A motion
was made by Joseph Logan and seconded by Dean Wagner to the request of Daniel
E. Lilly, Jr. & Jean T. Lilly as Trustees of the Daniel E. Lilly, Jr. and
Jean T. Lilly Joint Living Trust, whose property is located at 132 Beach Ave.,
and further identified as Tax Assessor’s Plat 5, Lot 205 for a variance from
Article 3, Section 82-308 (Setback from Freshwater Wetlands) and a special use
permit from 82-314 (High Groundwater Table and Impervious Layer Overlay
District) to raze an existing dwelling and replace this structure with a new
dwelling, and to replace the existing septic system with a new advanced
treatment septic system which will be
130’ from a wetland wherein 150’ is required.
Regarding
this request, this Board has determined that this application does satisfy the
requirements of ARTICLE 6, SECTION 600
Regarding
the request for a Variance, 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.
Regarding
the request for a Special Use Permit, this Board has determined that this
application does satisfy the requirements of ARTICLE 6, SECTION 602.
This
Variance is granted with the restriction that the building will be built in
substantial conformity with the plans submitted with the application.
This motion
is based on the following findings of fact:
1.
Said
property is located in a R40 zone and contains 21,600 sq. ft.
2.
There
is no way to satisfy the wetlands setback due to the dimensions of the existing
legal non-conforming lot.
3.
The
existing dwelling is in poor condition and the existing septic system has
failed and must be replaced.
4.
The
plan is the least relief necessary.
5.
DEM
has approved the ISDS plan and granted relief from the Dem wetland setback
requirement.
The
motion carried by a vote of 5 – 0.
Don
Wineberg, Richard Boren, Joseph Logan, David Nardolillo, and Dean Wagner voted
in favor of the motion.
Richard
Cribb was not seated and Thomas Ginnerty and Raymond Iannetta were absent.
ADJOURNMENT
A motion
was made and seconded to adjourn at
The
motion carried unanimously.