Minutes of the April 24, 2007
Meeting
A meeting of the
Zoning Board of Review sitting as the Planning Board of Appeal was held at the
Jamestown Library,
Thomas Ginnerty
Don Wineberg
Joseph Logan
David Nardolillo
Dean Wagner
Richard Cribb
Richard Allphin
Also
present: Brenda Hanna, Stenographer
Pat Westall, Zoning Clerk
Fred Brown, Zoning Officer
Wyatt Brochu, Counsel
Appeal of Roger & Maryjane Lavallee
After testimony was completed at the public
hearing for which due notice was given and a record kept, the Town of Jamestown
Zoning Board of Appeal, after taking into consideration all of the testimony
and exhibits at the public hearing, makes the following findings:
1.
The standard of review to be applied is located in RI
Laws Sec. 45-23-70.
a.
The Planning Board of Appeal shall not substitute its
own judgment for that of the Planning Board.
b.
We must consider the issue upon the findings and record
of the Planning Board.
c.
The Board of Appeal shall not reverse a decision of the
Planning Board except on a finding of prejudicial procedural error, clear
error, or lack of support by the weight of the evidence in the record.
2.
Lavallees assert:
a.
That granting the waiver by the Planning Board was
procedurally in error because the Furtados made no demonstration of hardship.
b.
The decision of the Planning Commission clearly states
that the Planning Commission based it’s granting on Art. VII,
The
Zoning Board of Appeal applied these findings to the standards of review for
the granting of the appeal, and based on the foregoing, a motion was
made by Thomas Ginnerty and seconded by Don Wineberg to deny the appeal
of the decision of the Town of Jamestown Planning Board dated Oct. 11, 2006
granting the application of Evelyn F. Furtado for a two lot subdivision with
waivers for a private roadway, Plat 8, Lots 318 & 753. Roger and Maryjane Lavallee, appellants,
The motion carried by a vote of 5 – 0.
Thomas Ginnerty, Don Wineberg, Joseph Logan, Dean Wagner, and
Richard Allphin voted in favor of the motion.
David Nardolillo and Richard Cribb were not seated and Richard
Boren was absent.
A motion was made by Thomas Ginnerty and seconded by Don
Wineberg to close the meeting of the Planning Board of Appeal.
The motion carried unanimously.
ZONING
BOARD OF REVIEW
A
regular meeting of the Jamestown Zoning Board of Review was held at the
Jamestown Library,
Thomas Ginnerty
Don Wineberg
Joseph Logan
David Nardolillo
Dean Wagner
Richard Cribb
Richard Allphin
Also
present: Brenda Hanna, Stenographer
Pat Westall, Zoning Clerk
Fred Brown, Zoning Officer
Wyatt Brochu, Counsel
CORRESPONDENCE
Baker/Kneib
A letter
from Christopher Behan, Esq. requesting to continue the appeal of Mark Baker
& Elizabeth Kneib to the May meeting.
A motion
was made by Thomas Ginnerty and seconded by Don Wineberg to continue the appeal
of Mark Baker and Elizabeth Kneib to the
The motion carried by a vote of 5 – 0.
Thomas Ginnerty, Don Wineberg, Joseph Logan, David Nardolillo,
and Dean Wagner voted in favor of the motion.
Richard Cribb and Richard Allphin were not seated and Richard
Boren was absent.
Randall
A letter
from John A. Murphy, Esq. requesting to continue the application of Allan &
Nancy Randall to the
A motion
was made by Thomas Ginnerty and seconded by Don Wineberg to continue the
application of Allan and Nancy Randall to the
The
motion carried by a vote of 5 – 0.
Thomas Ginnerty, Don Wineberg, Joseph Logan, David Nardolillo,
and Dean Wagner voted in favor of the motion.
Richard Cribb and Richard Allphin were not seated and Richard
Boren was absent.
Eastern
Resorts
A letter
from Quentin Anthony, Esq. requesting to continue the application of Eastern
Resorts to the May meeting.
A motion
was made by Thomas Ginnerty and seconded by Joseph Logan to continue the
application of Eastern Resorts to the
The
motion carried by a vote of 5 – 0.
Thomas Ginnerty, Don Wineberg, Joseph Logan, David Nardolillo,
and Dean Wagner voted in favor of the motion.
Richard Cribb and Richard Allphin were not seated and Richard
Boren was absent.
Smith
A letter
from John A. Murphy, Esq. requesting to continue the application of Beth Smith
to the
A motion
was made by Thomas Ginnerty and seconded by Don Wineberg to continue the
application of Beth Smith to the
The
motion carried by a vote of 5 – 0.
Thomas Ginnerty, Don Wineberg, Joseph Logan, David Nardolillo,
and Dean Wagner voted in favor of the motion.
Richard Cribb and Richard Allphin were not seated and Richard
Boren was absent.
OLD
BUSINESS
After testimony was completed at the public
hearing for which due notice was given and a record kept, the Town of Jamestown
Zoning Board of Review, after taking into consideration all of the testimony
and exhibits at the public hearing, makes the following findings:
1. Said property is located in a CL zone and contains 23,800 sq. ft.
2.
Although the parties requested that the Board
mandate a two-foot deep clay or other water resistant soil barrier, due to the
fact that the plans as approved will only improve existing site conditions, the
Board declines to mandate such a barrier, but does not preclude the applicant
from building one.
3.
There was strong community support for creating
the senior day care programs to be offered at the center.
4.
The Applicant shall plant 3” caliper trees eight
feet apart between the parking area and the rear of the property.
5.
The neighbor on the north supported the
application and the neighbor on the south did not object when the applicant’s
engineer stated that the drainage plan proposed would not adversely affect the
neighbor’s drainage.
6.
The neighbor to the west would have objected but
for the planting of trees and the applicant’s agreement to request the 2-foot
clay buffer wall.
The Zoning Board of
Review applied these findings to the standards of review for the granting of
the requested relief, and based on the foregoing, a motion was made by
Don Wineberg and seconded by Dean Wagner to grant the request of Charles A.
Sheahan, Sheahan Way LLC, whose property is located at 49 North Rd., and
further identified as Tax Assessor’s Plat 8, Lot 442 for Special Use Permits
under Article 3, Sections I. 10 and VII. A.8. Mixed Use and Day Care Center,
and Variances from Article 3, District Dimensional Regulations, to construct an
adult day care facility with office facilities and a residential apartment,
with less than the required front and side setbacks.
Regarding this request, this Board has determined that this
application does satisfy the requirements of ARTICLE 6, SECTION 600.
Regarding the request for Variances, 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 Special Use Permits, this Board
has determined that this application does
satisfy the requirements of ARTICLE 6, SECTION 602.
This variance and special use permit is granted with the
following restrictions:
1. The exterior siding must be natural cedar shingles and not the vinyl siding specified in the application.
2.
This project must be constructed in strict
accordance with the site and building plans duly approved by this Board.
3.
This approval is subject to obtaining all State
wetlands approvals required by applicable law and regulations.
4.
The front building may not be used as
residential space without further approval of this Board.
The
motion carried by a vote of 5 – 0.
Thomas Ginnerty, Don Wineberg, Joseph Logan, David Nardolillo,
and Dean Wagner voted in favor of the motion.
Richard Cribb and Richard Allphin were not seated and Richard
Boren was absent.
Perrotti
After testimony was completed at the public
hearing for which due notice was given and a record kept, the Town of Jamestown
Zoning Board of Review, after taking into consideration all of the testimony
and exhibits at the public hearing, makes the following findings:
1. Said property is located in a R40 zone and contains 14,400 sq. ft.
2.
This application meets all setback requirements.
3.
Testimony of experts showed that there would be
a net decrease in runoff post development, as a result of the drainage plan.
4.
Impervious cover is 11.7%, less than the maximum
of 12% but typical of the neighborhood.
5.
The Town engineer reviewed and approved of the
engineering plan.
6.
Three neighbors spoke in opposition, based on
fears of possible drainage problems.
7.
The proposal uses an advanced septic system
design recommended by DEM.
8.
The applicant has merged two small lots to more
closely conform to the R40 requirement.
The Zoning Board of
Review applied these findings to the standards of review for the granting of
the requested relief, and based on the foregoing, a motion was made by
Joseph Logan and seconded by Thomas Ginnerty to grant the request of John J.
Perrotti, whose property is located at Ship St., and further identified as Tax
Assessor’s Plat 15, Lots 73 & 74 for a Special Use from Article 3, Section
82-314 (c) (High Groundwater/Impervious Layer Overlay District) to install a 3 bed
septic, private well, single-family home with 2 car attached garage and
pervious driveway.
This Board has determined that this application does satisfy
the requirements of ARTICLE 6, SECTIONS 600 and 602.
This Special Use Permit is granted with the restriction that
this project must be constructed in strict accordance with
the site and building plans duly approved by this Board.
The
motion did not carry by a vote of 2 – 3.
Joseph Logan, and Richard Allphin voted in favor of the motion.
Thomas Ginnerty, David Nardolillo, and Richard Cribb voted
against the motion.
Don Wineberg and Dean Wagner were not seated and Richard Boren
was absent.
NEW
BUSINESS
McIntyre
After testimony was completed at the public
hearing for which due notice was given and a record kept, the Town of Jamestown
Zoning Board of Review, after taking into consideration all of the testimony
and exhibits at the public hearing, makes the following findings:
1. Said property is located in a R20 zone and contains 15,000 sq. ft.
2.
The Zoning Board of Review approved the same
application on
3.
For personal reasons, the project could not be
completed in a timely fashion, so reapplication is necessary.
4.
There have been no requested additions or
subtractions from the original application.
5.
The applicant stated that since the original
application, 2 more neighbors support the application.
6.
The original findings of fact are to be made a
part of these findings of fact.
The Zoning Board of
Review applied these findings to the standards of review for the granting of
the requested relief, and based on the foregoing, a motion was made by
David Nardolillo and seconded by Joseph Logan to grant the request of J.
Patrick McIntyre Jr., whose property is located at 27 Bryer Ave., and further
identified as Tax Assessor’s Plat 8, Lot 215 for a variance from Article 3,
Section 302, (District Dimensional Regulations) and Article 7, Section 705
(Alteration of a Nonconforming Structure) to construct a 12’-0” x 24’-0”
attached garage and make other alterations to a 7’-0” x 12’-0” section of
existing porch which is non conforming.
The new garage will be five ft. from the property line on the west side
instead of 10’-0” and 17’-4” from the property line on the north side instead
of 30’-0”.
This Board has determined that this application does satisfy
the requirements of ARTICLE 6, SECTION 600, SECTION 606, and SECTION 607,
PARAGRAPH 2.
This Variance is granted with the restriction that this
project must be constructed in strict accordance with the site and building
plans duly approved by this Board.
The
motion carried by a vote of 5 – 0.
Thomas Ginnerty, Don Wineberg, Joseph Logan, David Nardolillo,
and Dean Wagner voted in favor of the motion.
Richard Cribb and Richard Allphin were not seated and Richard
Boren was absent.
Baron
A motion was made by Thomas Ginnerty and seconded by Don
Wineberg to continue the application of Rosemary C. Baron to the
The
motion carried by a vote of 5 – 0.
Thomas Ginnerty, Don Wineberg, Joseph Logan, David Nardolillo,
and Dean Wagner voted in favor of the motion.
Richard Cribb and Richard Allphin were not seated and Richard
Boren was absent.
ADJOURNMENT
A motion
was made and seconded to adjourn at
The
motion carried unanimously.