ZONING BOARD MINUTES
  Meeting of September 23, 1997
  Town Hall

Meeting came to order at 7:04 pm.
Roll was called by the Recording Secretary and the following members were
present:
Catherine Finney
Rolf Knudsen
Richard Allphin
Thomas Ginnerty
Dennis Grieco
Guy Settipane
Don Wineburg
Raymond Ianetta

Also Present:    Kim Turcone, Recording Secretary
        Jane Fitts, Stenographer
        Fred Brown, Building Official
        MaryJo Carr, Town Solicitor

APPROVAL OF MINUTES
A motion was made by Don Wineburg and seconded by Guy Settipane to accept
the minutes of July 22, 1997 as amended.  The correction appears on page
3, #2b change "new conforming" to "non conforming". So voted:  5-0

A motion was made by Don Wineburg and seconded by Rolf Knudsen to approve
the minutes of August 26, 1997 as written.  So voted: 5-0

CORRESPONDENCE:
With nothing at this time move on to New Business.

NEW BUSINESS
1.   Variance application of Daniel J. O'Neill
Seated were Catherine Finney, Rolf Knudsen, Richard Allphin, Thomas
Ginnerty and Dennis Grieco.
      Guy Settipane, Don Wineburg and Raymond Ianetta were not seated.

A motion was made by Rolf Knudsen and seconded by Thomas Ginnerty to GRANT
the request of Daniel J. and Donna P. O'Neill whose property is located at
33 Summit Avenue, and is further identified as Tax Assessor's Plat 1, Lot
10 for a VARIANCE from Article 3 (District Dimensional Regulations), Table
3-2 to construct an addition to an existing home which will be 24 feet
from the westerly (rear) lot line instead of the required 40 feet.

This Board has determined that this application DOES satisfy the
requirements of ARTICLE 6, SECTION 606, PARAGRAPHS 1-4 and SECTION 607,
PARAGRAPH 2.

This motion is based on the following findings of fact:
1.   Said property is located in a RR80 Zone and contains 164,000 square
feet.
2.   The property owner will be moving their ISDS to a location that is
completely on their    own property.
3.   Highland Avenue, which is on the side where the relief is requested
is a paper road and   unimproved, leaving 64' to the abutter's property.
4.   One abutter spoke concerning this application but was not opposed to
the addition to the  house.
      His concern was with a shed on another part of the property.

So voted 5-0

2.   Variance application of Robert P. Mead
Seated were Richard Allphin, Rolf Knudsen, Thomas Ginnerty, Dennis Grieco
and Guy Settipane.
      Catherine Finney recused herself.
      Raymond Ianetta and Don Wineburg were not seated.

A motion was made by Thomas Ginnerty and seconded by Rolf Knudsen to GRANT
the request of Robert P. & Jane L. Mead whose property is located at 95
Walcott Avenue, and is further identified as Tax Assessor's Plat 9, Lot
341 for VARIANCES from Article 3, Section 300, 301, 302 and 303, and
Article 7, Section 703(A) to permit the reconstruction of an existing
non-conforming garage and apartment.

This Board has determined that this application DOES satisfy the
requirements of ARTICLE 6, SECTION 606, PARAGRAPHS 1-4, and SECTION 607,
PARAGRAPH 2.

[This Variance is granted with the following restriction(s):]
1.   That the owners obtain a separate water meter from the principal
residence.
2.   That the property owners obtain a separate sewer connection from the
principal residence.
3.   That the property owners obtain a separate street number from the
principal residence.

This motion is based on the following findings of fact:
1.   Said property is located in an R40 Zone and contains 109,433 square
feet.
2.   That the proposal involves the reconstruction of a non conformity as
to use and  dimension, which has existed for many years and has
structurally deteriorated.
3.   That the proposal is an enhancement to the aesthetic and structural
quality as compared   to the existing structure.
4.   That the change in the foot print is not in size but only in
location, which is an  improvement in the site location.

So voted 5-0.

3.   Variance application of Joseph Sepe and Peter Medeiros
Seated were Catherine Finney, Rolf Knudsen, Richard Allphin, Thomas
Ginnerty and Dennis Grieco.
      Guy Settipane, Don Wineburg and Raymond Ianetta were not seated.   

A motion was made by Dennis Grieco and seconded by Thomas Ginnerty to DENY
the request of Joseph M. Sepe and Peter E. Medeiros (owners, SMT Realty),
whose property is located at North Road, and is further identified as Tax
Assessor's Plat 8, Lot 309 for a VARIANCE from Article 3 (District
Dimensional Regulations), Table 3-2 to construct a duplex upon a lot of
11,350 square feet instead of the required 15,000 square feet.  

This Board has determined that this application DOES NOT satisfy the
requirements of ARTICLE 6, SECTION 606, PARAGRAPHS 1-4, and SECTION 607,
PARAGRAPH 2.

This motion is based on the following findings of fact:
1.   Said property is located in a CL Zone and contains 11,350 square
feet.
2.   The hardship is the result of the applicant's failure to determine
that the Town's Zoning    Ordinance did not permit a duplex on this parcel
prior to purchase.
      Therefore, the    hardship results from the applicant's prior
action.
3.   The hardship results primarily from the applicant's desire for
greater financial gain, as    Mr. Medeiros testified he desired to build a
duplex to obtain a greater return on the  property. 
4.   There are other reasonable alternative uses for this property as the
applicants could build  a single family dwelling on the property.

After some discussion on the motion, so voted: 2-3

Motion does not carry due to the failure of at least a 4 sided vote.

A second motion was made by Dennis Grieco and seconded by Thomas Ginnerty
to GRANT the request of Joseph M. Sepe and Peter E. Medeiros as stated
above with new findings of fact:
1.   Said property is located in a CL Zone and contains 11,350 square
feet.
2.   It would appear that there is a limited ability to develop land on
this island in the  manner in which these applicants wish to do.
      This would be an appropriate place in the   CL Zone for them to do
so.  There does not appear to be any other reasonable alternative  as
there are few if any other locations on the island to develop the land in
the way the  applicants wish.
      In addition a single family home on this lot, because of its
location with    commercial uses around it, would be less viable.

So voted: 3-2

Motion does not carry due to the failure of at least a 4 sided vote.

4.   Variance application of John H. West
Seated were Catherine Finney, Rolf Knudsen, Richard Allphin, Thomas
Ginnerty and Dennis Grieco.
      Raymond Ianetta and MaryJo Carr recused themselves.
      Guy Settipane and Don Wineburg were not seated.

Mr. West's attorney, Alfred DiFeori explained how the subdivision came to
be.  Robert Boyer, Mr. West's surveyor, stated he spent a lot of time
researching to retrace the Conanicut Park Plat.
      Mr. DiFeori stated that Robert Keough's house is actually sitting on
Mr. West's lot, the abutter to the east of Mr. West's property.  After Mr.
Keough was sworn in the West's offered Mr. Keough the land his house is
sitting on.
      Mr. Keough refused the offer and stated he did not agree with Mr.
Boyer's survey.

The Zoning Board felt this issue should be settled in Civil Court.
      Mr. DiFeori asked that the Zoning Board withdraw the West's
application without prejudice.  

A motion was made by Dennis Grieco and seconded by Richard Allphin to
withdraw the application of John H. West without prejudice.

So voted: 5-0

Motion was made by Richard Allphin and seconded by Dennis Grieco to
adjourn the meeting at 10:01 pm.

Attest:

Kimberly Turcone
Recording Secretary