These Minutes have not been approved.

  TOWN OF JAMESTOWN
  ZONING BOARD OF REVIEW MINUTES
  March 25, 1997

Meeting was called to order at 7:32 pm.
The following members were present:
Catherine Finney          Raymond Iannetta
Richard Allphin           Thomas Ginnerty
Dennis Grieco          Guy Settipane
Don Wineberg           

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

I.   Reading and approval of the March 25, 1997 minutes.
Motion was made by Don Wineberg and seconded by Thomas Ginnerty to approve
the minutes of March 25th as amended. Catherine Finney made a couple of
corrections to the minutes.  Corrections are as follows: 
  page 3; Section 4 - last paragraph; second sentence strike the word
appetit and change               to "Appellate Board" 

     Change motion to "adjourned" to "adjourn"
 So voted:  7-0.

II.  Correspondence
1.   Letter regarding Hammett Court from Attorney John Murphy dated April
17, 1997 to the   Town Solicitor pertaining to appeal of the Building
Official.
      A notice was sent out for  the May 20th meeting.
      Mr. Murphy will make copies of all materials needed by the   Zoning
Board.  Copy of the order was attached to the letter.
2.   FYI - Cajacet Farms will present a tour of the proposed subdivision
to the Planning    Commission on Wednesday, April 23rd at 5 pm.
      Zoning Board members are welcome   to walk the property also. 
III. Old Business
1.   Special Use Permit application of David Swain, DBA Ocean State Scuba
Seated: Catherine, Thomas, Richard, Guy, & Dennis
Recused: - 
Not Seated: Don & Raymond

Mr. Swain introduced his engineer Don Cataldo, Dr. Anne Veeger a URI
Professor who explained the hydrology of the site and David Rogers hired
pool contractor.

A motion was made by Dennis Grieco and seconded by Richard Allphin to
GRANT the request of David Swain, doing business as Ocean State Scuba
(Shelly Tyre, owner) whose property is located at 79 North Main Road and
is further identified as Tax Accessors's Plat 8, Lot 97 for a SPECIAL USE
PERMIT, to install a swimming pool.

[This Special Use Permit is granted with the following restriction(s):]
1.   The pool will not be heated.
2.   The pool will only be open for use between 9 am to 7 pm.
3.   The pool and its decking area will be surrounded by a continuous 6
foot wooden fence,  the gates of which will be locked when the pool is not
in use.
4.   The only lighting installed to illuminate the pool area will be
motion detection lighting.
5.   The pool will be used for scuba and kayak instruction only.  Any
further use e.g. public  swimming will only be allowed on further
application.
6.   The drainage from the shower area and backwash will be connected to
the Town sewer.
7.   The pool will be supplied by an outside water source.  At no time
will the pool be  emptied onto the applicants or surrounding properties,
or into the Town of Jamestown   Sewer System.  
8.   No fill will be added to the site to construct the pool and its
decks.
9.   The terms and conditions of the RI Department of Health's 3/20/97
letter approving the    swimming pool application to that department are
incorporated by reference.
10.  The pool will be constructed with the 2'x3' high permeability zone as
reflected in Exhibit   2 (drawing of high permeability zone).
11.  The currently existing grade and contours of the land will not be
changed.

This motion is based on the following findings of fact:
1.   The property is located in a CL ZONE and contains 30,000 square feet.
2.   The applicant's hydrologist testified that the construction of the
pool as submitted will not   adversely affect the water problems currently
being experienced in the area.   
3.   The granting of the application with the above referenced
restrictions will not be inimical to   the public health, safety, morals and
welfare and will not substantially or permanently   injure the appropriate
use of the surrounding area.

IV.  New Business
1.   Variance application of Betty R. Kinder
Seated: Catherine, Thomas, Richard, Dennis & Guy
Not Seated: Don & Raymond
Recused: -
Motion was made by Thomas Ginnerty and seconded by Dennis Grieco to
continue the application of Betty R. Kinder for the next scheduled meeting
due to the lack of an accurate site plan without any location setbacks as
they would relate to the lot lines.

So voted: 5-0

2.   Variance application of Frank N. Gladding
Seated: Catherine, Thomas, Richard, Dennis & Guy
Not Seated: Don & Raymond
Recused: - 

Motion was made by Dennis Grieco and seconded by Guy Settipane to continue
the application of Frank Gladding based on readvertising the property,
Plat 4, Lot 18.

3.   Development Plan Review, Special Use Permits & Variance application
of Cumberland   Farms, Inc.
Attorney John Murphy stated his clients are not ready to meet with the
Zoning Board and asked for a continuance.

Motion was made by Dennis Grieco and seconded by Thomas Ginnerty to
continue the application of Cumberland Farms on May 20th.

4.   Variance application of Elizabeth Dorsey Milot
Seated: Catherine, Thomas, Richard, Dennis & Guy
Not Seated: Don & Raymond
Recused: -

A motion was made by Thomas Ginnerty and seconded by Richard Allphin to
GRANT the request of Elizabeth Dorsey Milot whose property is located at 1
Blueberry Lane, and is further identified as Tax Assessor's Plat 10, Lot
71 for a VARIANCE from Article 3, Section 308, (Setback from Freshwater
Wetlands) to install an ISDS field approximately 53 feet from an isolated,
forested, freshwater wetland instead of the required 150 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 Variance is granted with the following restriction(s):]
1.   That the granting of this variance be subject to approval from DEM
for an ISDS system  as shown.
2.   That the two acres located beyond the silt fences as shown on the
site plan dated March   1997 remain in their natural and undisturbed state
into perpetuity.
      Only temporary    disturbance for the installation and maintenance
of the proposed waterline and subdrain   line would be allowed.
3.   That the proposed waterline and subdrain line be in separate
trenches, as required by the    Town of Jamestown. 

This motion is based on the following findings of fact:
1.   Said property is located in an RR80 ZONE and contains 1.62 acres.
2.   The property will be served by Town water.
3.   The applicant has met the State required 50 foot setback.
4.   The Conservation Commission has not objected to the application
subject to the   aforementioned conditions.
So voted: 5-0

A motion was made by Richard Allphin and seconded by Thomas Ginnerty to
adjourn the meeting at 10:40 pm.  So voted: 7-0

Attest:

Kim Turcone
Secretary