*** 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.