*****
UNAPPROVED MINUTES *****
Minutes of the September 25, 2007
Meeting
A
regular meeting of the Jamestown Zoning Board of Review was held at the
Jamestown Library,
Thomas Ginnerty
Don Wineberg
David Nardolillo
Richard Cribb
Richard Allphin
Also
present: Brenda Hanna, Stenographer
Pat Westall, Zoning Clerk
Fred Brown, Zoning Officer
Wyatt Brochu, Counsel
Late
arrival (
Fernwood
Builders
A motion
was made by Richard Allphin and seconded by Thomas Ginnerty to deny request
of Fernwood Building Co., whose property is located at 27 Luther St., and
further identified as Tax Assessor’s Plat 8, Lot 322 for a variance from
Article 3, Section 302 to allow a mixed-use in a CL zone consisting of a
residential use and a professional office use and to allow said uses on an
11,200 sq. ft. lot when 15,000 sq. ft. is required for a duplex and 20,000 sq.
ft. for professional services and to allow for a building 20.8’ from the side
line instead of the required 30’ for professional office building.
This Board
has determined that this application does not satisfy the requirements of
ARTICLE 6, SECTION 600, SECTION 606, and SECTION 607, PARAGRAPH 2.
In
particular reference to ARTICLE 6, SECTION 600, PARAGRAPH H, this project will
not be in general compatibility with lots in the same or abutting zoning
districts.
This motion
is based on the following findings of fact:
1.
Said
property is located in a CL zone and contains 11,200 sq. ft.
2.
The
request asks for variances, which the Board deems to be excessive for this lot.
3.
Although
the parking lot will be screened, the automobile traffic generated at this site
will adversely affect the neighborhood.
4.
The
relief granted is not the least relief necessary.
5.
Several
abutters spoke against the proposal and at least 15 people submitted their
opposition in writing.
The motion
carried by a vote of 5 – 0.
Thomas
Ginnerty, Don Wineberg, David Nardolillo, Richard Cribb, and Richard Allphin
voted in favor of the motion.
Richard
Boren, Dean Wagner, and Joseph Logan were not present.
A motion
was made by Thomas Ginnerty and seconded by David Nardolillo to continue the
request of David M. Clancy and Jennifer R. Clancy to the
The motion
carried by a vote of 5 – 0.
Tom Ginnerty,
Don Wineberg, David Nardolillo, Richard Cribb, and Richard Allphin voted in
favor of the motion.
Richard
Boren, Dean Wagner, and Joseph Logan were not present.
Planning
Board of Appeal
Windridge
A motion
was made by Thomas Ginnerty and seconded by Don Wineberg to continue the two
requests of Windridge Properties to the November 27, 2007 meeting at the
request of his attorney because they are still before Planning.
The motion
carried by a vote of 5 – 0.
Thomas
Ginnerty, Don Wineberg, David Nardolillo, Richard Cribb, and Richard Allphin
voted in favor of the motion.
Richard
Boren, Dean Wagner, and Joseph Logan were not present.
Zoning
Board of Review
MINUTES
Minutes
of the
A motion
was made by Thomas Ginnerty and seconded by Don Wineberg to accept the minutes
of the
The motion
carried by a vote of 5 – 0.
Thomas
Ginnerty, Don Wineberg, David Nardolillo, Richard Cribb, and Richard Allphin
voted in favor of the motion.
Richard
Boren, Dean Wagner, and Joseph Logan were not present.
CORRESPONDENCE
A letter
from Elizabeth Brazil re: Plat 2,
OLD
BUSINESS
Smith
A motion
was made by David Nardolillo and seconded by Richard Allphin to grant the
request of Beth Smith, whose property is located at 86 Orient Ave., and further
identified as Tax Assessor’s Plat 1, Lot 320 for a Special Use Permit under
Article 3, Section 314 (High Ground Water/Impervious Layer Overlay District) to
permit the construction of a single-family residence and two car garage, with
ISDS and well.
This Board
has determined that this application does satisfy the requirements of ARTICLE
6, SECTIONS 600 and 602.
This
project must be constructed in strict accordance with the site and building
plans duly approved by this Board.
This motion
is based on the following findings of fact:
1.
Said
property is located in a RR80 zone and contains 24,275 sq. ft.
2.
Reapplication
and design has removed all dimensional and set back variances from the original
plan proposed.
3.
The
Planning Board approved the original set of proposed plans as altered to their
suggestions.
4.
The
plan complies with and satisfies all requirements of the Jamestown High Ground
Water Table and Impervious Overlay District 82-314.
5.
The
proposed residence is consistent in size and scale with other homes in the
area.
6.
There
was a substantial change in the original plans.
7.
The
architect marked the plans to confirm the plans meet the height requirements of
the Jamestown Zoning Regulations.
The motion
carried by a vote of 4 – 1.
Don
Wineberg, David Nardolillo, Richard Cribb, and Richard Allphin voted in favor
of the motion.
Thomas
Ginnerty voted against the motion.
Richard
Boren, Dean Wagner, and Joseph Logan were not present.
NEW
BUSINESS
Randall
A motion was made by Thomas Ginnerty and seconded by David
Nardolillo to continue the request of Allan & Nancy Randall to the
The motion
carried by a vote of 5 – 0.
Thomas
Ginnerty, Don Wineberg, David Nardolillo, Richard Cribb, and Richard Allphin
voted in favor of the motion.
Richard
Boren, Dean Wagner, and Joseph Logan were not present.
Johnstone
A motion was made by Thomas Ginnerty and seconded by David
Nardolillo to continue the request of Peter Johnstone to the
The motion
carried by a vote of 5 – 0.
Thomas
Ginnerty, Don Wineberg, David Nardolillo, Richard Cribb, and Richard Allphin
voted in favor of the motion.
Richard
Boren, Dean Wagner, and Joseph Logan were not present.
Ouimette
A motion was made by Thomas Ginnerty and seconded by Don
Wineberg to continue the request of Peter Johnstone to the
The motion
carried by a vote of 5 – 0.
Thomas
Ginnerty, Don Wineberg, David Nardolillo, Richard Cribb, and Richard Allphin
voted in favor of the motion.
Richard
Boren, Dean Wagner, and Joseph Logan were not present.
CMS
A motion
was made by Don Wineberg and seconded by Richard Cribb to grant the request of
Conanicut Marine Services, whose premises are
located
on Conanicus Avenue, and further identified as Lot 278, on Tax Assessor’s Plat
8, to modify an existing Special Use Permit, under Article 3, Section 82-302
(Table 3-1) and Article 6, Section 82-600, et seq., to permit the installation
of a boat washing water collection, treatment, and recycling system, with a
concrete collection pad 40’ x 80’, two additions to the existing south boat
storage
shed, one being 20’ x 85’, and one being 8’ x 10’, and the upgrading of the
site’s electric service from 100 amp to 200 amp.
This Board
has determined that this application does satisfy the requirements of ARTICLE
6, SECTIONS 600 and 602.
This
modification to a Special Use Permit is granted with the following
restrictions:
1.
This
project must be constructed in strict accordance with the site and building
plans duly approved by this Board.
2. All conditions and restrictions of
prior zoning approvals that are not specifically revised by this approval
remain in full force and effect.
This motion
is based on the following findings of fact:
1.
Said
premises are located in the R20 zone, and contain 10.21 acres.
2.
The
water treatment system is quiet, will improve the environment by decreasing
runoff of hazardous material.
3.
The
applicant is implementing the water treatment system improvement voluntarily,
not because it is legally required to do so.
4.
The
new shed is small and has not windows; it will therefore not adversely affect
nearby residences.
5.
The
electrical service upgrade will permit the use of quieter power washers instead
of the current, noisy gas powered ones.
6.
Two
residents spoke in opposition, particularly concerned about gradual expansion
of the applicants business, however the Board finds that this particular
application creates environmental benefits, will reduce noise at the facility
for neighbors, and does not create a new line of business that could increase
the intensity of utilization of the subject property.
The motion
carried by a vote of 5 – 0.
Thomas
Ginnerty, Don Wineberg, David Nardolillo, Richard Cribb, and Joseph Logan voted
in favor of the motion.
Richard
Allphin was not seated and Dean Wagner and Joseph Logan were not present.
Lampasona
A motion
was made by Thomas Ginnerty and seconded by Don Wineberg to grant the request
of Jacqueline & Anthony Lampasona, whose property is located at 15 Bark
Ave., and further identified at Tax Assessor’s Plat 16, Lot 24 for a special
use permit as per Article 3, Section 82:314 to replace an existing house with a
new home & new septic system in the High Groundwater & Impervious Layer
Overlay District.
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 following restriction/conditions:
1.
This
project must be constructed in strict accordance with the site and building
plans duly approved by this Board.
2.
The
ISDS is constructed in compliance with DEM requirements and the Plan submitted
and approved.
This motion
is based on the following findings of fact:
1.
Said
property is located in a R40 (R20) zone and contains 8,757 sq. ft.
2.
The
Planning Commission unanimously approved the application.
3.
The
Town Engineer and Environmental Scientist were in support of the plan
presented.
4.
The
existing house is in very poor condition and essentially uninhabitable due to a
deteriorated ISDS and poor structural integrity.
5.
The
proposed residence is in full compliance with regulatory requirements.
6.
A
new ISDS has been proposed and a permit issued by DEM.
7.
There
were no objectors and a neighbor spoke in support.
The motion
carried by a vote of 5 – 0.
Thomas Ginnerty,
Don Wineberg, David Nardolillo, Richard Cribb, and Joseph Logan voted in favor
of the motion.
Richard
Allphin was not seated and Dean Wagner and Joseph Logan were not present.
ADJOURNMENT
A motion
was made and seconded to adjourn at
The
motion carried unanimously.