***  UNAPPROVED MINUTES ***

                   JAMESTOWN ZONING BOARD OF REVIEW                       
                                                                    

                 Minutes of the July 22, 1997 Meeting

A  regular meeting of the Jamestown Zoning Board of Review was held  at 
the  Jamestown  Town Hall,  93  Narragansett Avenue.  The  meeting  was 
called  to  order by the Chairwoman at 7:00 p.m.  The clerk called  the 
roll and noted the following members present:

                                                                 
                      Catherine Finney,Chairwoman                         
 
                            Richard Allphin
                             Guy Settipane
                             Don Wineberg
                            Raymond Ianetta

Also present were:

                       Jane Fitts, Stenographer
                       Pat Westall, Zoning Clerk                
                     Fred W. Brown, Zoning Officer
                      Mary Jo Carr, Counsel

Seated: Catherine Finney, Richard Allphin, Guy Settipane, Don Wineberg, 
and Raymond Ianetta.

 MINUTES 

 JUNE 24, 1997 

Due to the absence of Rolf Knudsen and Thomas Ginnerty there was not a 
quorum to act on the minutes of June 24, 1997.

 CORRESPONDENCE 

A letter from the Town Clerk re: Term Limits.

Coastal Features Volume V, No. 3, Spring 1997.

 NEW BUSINESS 

 DERMANOULIAN 

A  motion was made by Guy Settipane and seconded by Raymond Ianetta  to 
grant  the request of Aram DerManoulian,  whose property is located  at 
556  East  Shore Road and further identified as Tax Assessor's Plat  4, 
Lot 103,  for a variance from Article 3,  Section 311 (Maximum Size  of 
Accessory  Structures) to construct a three car garage with a 1152  sq. 
ft. footprint instead of the maximum 600 sq. ft. footprint.

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. In particular reference to Article 6, Section 
607, Paragraph 2.

This  variance is granted with the restriction of no plumbing or living 
area in the loft or second floor/story.

This motion is based on the following findings of fact:

1. Said property is lcoated in a RR80 zone and contains 4 acres.

2. The accessory structures have a gross floor area of 50% of the gross 
   living area.

3. No objection was made.

4. The applicant testified that a hardship would be suffered amounting 
   to more than a mere convenience

The motion carried by a vote of 5 - 0.

 PENSA 

A motion was made by Raymond Ianetta and seconded by Richard Allphin to 
grant the request of Donna and Frank Pensa,  whose property is  located 
at  22 Newport St.,  and further identified as Tax Assessor's Plat  10. 
Lot  23 for a variance from Article 3,  Table 3-2 (District Dimensional 
Regulations) and Article 7,  Section 705 (Alteration of Non  Conforming 
Structure)  to  build  an  addition which will be 21.8  feet  from  the 
western lot line, 30 feet required, and 10 feet from the rear lot line, 
40 feet required.

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 restriction that the walk in  closet 
will not contain any plumbing.

This motion is based on the following findings of fact:

1. Said property is located in a RR80 zone and contains 39,972 sq. ft.

2. There  were  no objections to the request  from  abutting  property 
   owners.

The motion carried by a vote of 5 - 0.

 BUCKLIN 

A  motion  was made by Don Wineberg and seconded by  Guy  Settipane  to 
deny the request of William G.  & Morna G.  Bucklin,  whose property is 
located at 620 East Shore Rd., and further identified as Tax Assessor's 
Plat  2,  Lots 36 (A & B) for a variance from Article 3,  Table 3-2  to 
permit  the creation of two separate lots - one for each dwelling  unit 
with lot frontage of 107 feet,  200 feet required,  for a side set back 
of 24.38 feet for each lot 30 feet required.

This Board has determined that this application does not  satisfy  the 
requirements of Article 6,  Section 606,  Paragraphs 1 through 4,  and 
Section  607,  Paragraph  2.   In  particular reference to  Article  6, 
Section 606, Paragraph 1 - 4.

This motion is based on the following findings of fact:

1. Said property is located in a RR80 zone and contains 145,081 sq. ft.

2. The applicant did not demonstrate hardship because:

   a)  Granting  the  relief requested would  increase  the  density  of 
       structure size and people in the RR80 zone;

   b)  The relief requested would replace one non conforming use  with 
       two substandard lots, two substandard lots, two substandard side 
       yards and two lots with non conforming frontage;

   c)  The owners retain the right to occupy and renovate the existing 
       structures, they are only restricted from expanding them; 

   d)  The owners retain the right to apply for a special use permit 
       to expand the structures pursuant to Article 6, Section 601.

3.  For the reasons stated above, the relief requested is not the least 
    relief necessary as required by Article 6,  Section 606,  Paragraph 
    4.

4.  Granting the relief requested would have the potential to establish 
    inadvisable   precedents   regarding  the  zoning   ordinance   and 
    comprehensive  community  plan and has the increased  potential  to 
    alter the general character of the surrounding area.

5.  The  application does not satisfy the requirements of  Article  6, 
    Section 607, Paragraph 2. 

6.  The owners presently enjoy the same beneficial use of the property 
    as any other owner of a nonconforming use property.

7.  There were two objectors to the application.

8.  We note that one abutter supported as did the Planning Commission.

The motion to deny carried by a vote of 5 - 0.

 ROCCHIO 

A  motion  was made by Don Wineberg and seconded by Richard Allphin  to 
deny the request of Michael A.  Rocchio,  whose property is located  at 
530  East Shore Rd.,  and further identified as Tax Assessor's Plat  4, 
Lot  108,  for  a  variance from Article  3,  Section  306  (Authorized 
Departures  from  Yard  Regulations) to construct a fence ten  feet  in 
height  instead  of  the six feet maximum height  for  the  purpose  of 
enclosing a tennis court in the front yard of the property.

This Board has determined that this application does not  satisfy  the 
requirements of Article 6,  Section 606,  Paragraphs 1 through 4,  and 
Section 607, Paragraph 2. In particular reference to Article 6, Section 
606.

This motion is based on the following findings of fact:

1. Said property is located in an RR80 zone and contains 2 acres.

2. A  tennis  court  is a structure and is therefore subject  to  yard 
   requirements.   This finding was supported by the building  official 
   and counsel.

3. A tennis court with zero set back from a public right of way poses a 
   safety hazard, even with a ten foot fence.

4. There  is no hardship because there are other sites on the property 
   for  locating the tennis court set further back from the  lot  line.  
   The  relief  requested  is thus not the least relief  necessary  and 
   there  are  other reasonable alternatives to enjoy this use  of  the 
   property.

The motion to deny carried by a vote of 5 - 0.

 SYLVIA 

A  motion  was  made by Guy Settipane and seconded by Don  Wineberg  to 
grant the request of Gail S. Sylvia, whose property is located at 8 -10 
Clinton Ave.,  and further identified as Tax Assessor's Plat 9, Lot 210 
for a mixed use permit form Article 3,  Table 3-1 1. No. 11 (Mixed Use) 
to convert an existing duplex to one apartment and one business.

This mixed use permit is granted with the restriction that the property 
use is limited to 1 business and 1 apartment.

This motion is based on the following findings of fact:

1. Said property is located in a CD zone and contains 7,900 sq. ft.

2. The  business has operated in the past for several years  within  a 
   residential zone without complaints.

3. The property is located within a commercial zone.

4. There was one objection to the proposed parking and driveway cutout.

5. The applicant is encouraged to seek alternate parking during periods
   of intensive use.

The motion carried by a vote of 5 - 0.
 
 KOKEN/PREECE 

A motion was made by Raymond Ianetta and seconded by Richard Allphin to 
grant the request of Kathryn L.  Koken & John P. Preece, whose property 
is  located  at  73  Pemberton Ave.,  and  further  identified  as  Tax 
Assessor's  Plat 8,  Lot 766 for a variance from Article 3,  Section  2 
(District  Dimensional  Regulations:  Front  Setback)  to  rebuild  and 
enlarge  the  front porch that is located 16 feet,  11 inches from  the 
front lot line 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. Said property is located in a R20 zone and contains 36,000 sq. ft.

2. There  were  no objections to the request  from  abutting  property 
   owners.

3. No additional relief from existing setbacks are being requested.

The motion carried by a vote of 5 - 0.

LANPHERE 

A motion was made by Richard Allphin and seconded by Raymond Ianetta to 
grant  the request of Stacy Lanphere,  whose property is located at the 
corner  of  Beach Ave.,  & Stern St.,  and further  identified  as  Tax 
Assessor's  Plat 14,  Lot 149 for a variance from Article 3,  Table 3-2 
(District  Dimensional Regulations) to construct a house 21  feet  from 
the front line instead of the required  30 feet with an attached garage
28 feet from the front line 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. Said property is located in a R40 zone and contains 7,200 sq. ft.

2. This  variance  is the least required to be able to build  a  small 
   house on this small lot.

3. No one spoke against the granting of this application.

The motion carried by a vote of 5 - 0.

 DUTTON 

A  motion  was made by Richard Allphin and seconded by Don Wineberg  to 
grant the request of Henry W.  Dutton, whose property is located at 750 
North Main Rd., and further identified as Tax Assessor's Plat 4, Lot 13 
for  a  variance  from  Article  3,  Table  3-2  (District  Dimensional 
Regulations),  and  from  Article  3,  Section  311  (Maximum  Size  of 
Accessory  Structures) and from Article 7,  Section 705 (Alteration  of 
Nonconforming  Structures)  to rebuild and expand  an  existing  garage 
which  is 4 feet from the northerly lot line instead of the required 20 
feet, and which will cover 7.98% of the lot, wherin 5% is allowed.

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 restriction that the upper floor must 
remain unfinished.

This motion is based on the following findings of fact:

1. Said property is located in a RR200 zone and contains 33,453 sq. ft.

2. The 8 ft. expansion on the west side will be the same distance from
   the side lot line (4 feet) as is the present garage.

3. The upper portion of the garage will be used for storage.

4. The lot coverage percent is reasonable for a 33,000 square foot 
   lot in a RR200 zone.

5. No one spoke against the granting of this variance.

The motion carried by a vote of 5 - 0.

 TERMS 

A  motion was made by Catherine Finney and seconded by Don Wineberg  to 
discuss  and  respond  to the Council request re:  Term Limits  at  the 
August 26, 1997 meeting.

The motion carried by a vote of 5 - 0.

 MEETING TIME 

A  motion was made by Don Wineberg and seconded by Catherine Finney  to 
have  the Zoning Board meetings begin at 7:00 p.m.  on a regular  basis  
and to notify those members not present of same. 

The motion carried by a vote of 5 - 0.

 ADJOURNMENT 

A  motion  was made by Don Wineberg and seconded by Richard Allphin  to 
ajourn the meeting at 10:32 p.m.

The motion carried by a vote of 5 - 0.