***** UNCORRECTED MINUTES ***** JAMESTOWN ZONING BOARD OF REVIEW Minutes of the October 28, 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 7:07 p.m. The clerk called the roll and noted the following members present: Catherine Finney, Chairwoman Richard Allphin Thomas Ginnerty Dennis Grieco Don Wineberg Raymond Iannetta Also present were: Jane Fitts, Stenographer Pat Westall, Zoning Clerk Fred Brown, Zoning Officer Mary Jo Carr, Counsel MINUTES of SEPT. 23, 1997 Seated: Catherine, Richard, Thomas, Dennis, and Guy. A motion was made by Richard Allphin and seconded by Thomas Ginnerty to accept the minutes of the Sept. 23, 1997 meeting amended to correct the spelling of Wineberg and on the Sepe motions to correct the first motion to add the names of who voted for and against and that the second motion be corrected to read that the motion was seconded by Catherine Finney. The motion to accept carried by a vote of 5 - 0. CORRESPONDENCE A letter dated Oct. 6, 1997 from Board of Water & Sewer Commissioners re: Proposed Wellhead Protection Plan and copy of same. A letter from Mr. Keough re: West application requesting it be read to the Board and that they address his requests. A copy of a Information Request Form of Robert Keough for a transcript re: request for reimbursement. A copy of a Notice of Violation dated 9/29/97 to Bernard Dutra from Fred Brown re: A.P. 8, Lot 604. OLD BUSINESS HAMMETT COURT A motion was made by Thomas Ginnerty and seconded by Richard Allphin to continue the application of Hammett Court Properties to the December 16, 1997 meeting at the request of their attorney John Murphy to allow time for the applicant to submit another application for that meeting. The motion carried by a vote of 5 - 0. NEW BUSINESS Seated: Richard, Thomas, Dennis, Guy, and Don. WHARTON A motion was made by Thomas Ginnerty and seconded by Dennis Grieco to continue the application of Alexander Wharton to the November 25, 1997 meeting to allow the Board time to seek alternate counsel. The motion carried by a vote of 5 - 0. Seated: Catherine, Richard, Thomas, Dennis, and Guy. BAL A motion was made by Thomas Ginnerty and seconded by Guy Settipane to grant the request of Jose Bal whose property is located at 2 Seaside Drive, and further identified as Tax Assessor's Plat 14, Lot 387 for a variance from Article 3, Section 302, Table 3-2 (District Dimensional Regulations) to construct a porch roof which will be approximately 6 feet from the northerly lot line instead of the required 10 feet, and a roof overhang which will be 7 1/2 feet from the same lot line. 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 an R40 zone and contains 14,323 sq. ft. 2. No objections to the application. 3. No negative impact on adjacent property. 4. That there is only a 2 foot change over the existing encroachment. The motion carried by a vote of 5 - 0. Seated: Richard, Thomas, Dennis, Guy, and Don. BOGHOSSIAN A motion was made by Guy Settipane and seconded by Dennis Grieco to grant the request of Paul O. Boghossian & David M. Boghossian, Trustee whose property is located at 1076 East Shore Rd., and further identified as Tax Assessor's Plat 1, Lots 205 A-D for a variance from Article 3, Section 302 Table 3-2 (District Dimensional Regulations) and for a Special Use Permit (Article 6, Section 603) to construct a portico to be attached to main structure 60 feet from the front lot line (100 feet required), to construct a potting shed to screen a transformer 40 feet from the front lot line (100 feet required) and 5 feet from the side lot line (50 feet required), and to alter a previously granted special use permit. 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 an RR80 zone and contains 100,860 sq. ft. 2. The portico shall be constructed 60 ft. from the front lot line. The applicant testified to a need from protection of weather and elements when accessing vehicles. 3. There is an existing transformer 40 ft. from the front lot and 5 ft. from the southerly lot line. The applicant has testified to a need for aesthetic improvement by construction of a 2 x 6 ft. pergola. 4. The applicant has testified to a need for a potting shed 40 ft. from the front lot line for storage of gardening accessories. The structure shall be 8' x 8' and 8' in height. The applicant has testified to a need of a shed of this size. There was no other location where the shed could be moved without requiring relief from zoning regulations. 5. Consideration was given to reducing the size of the shed. 6. Expert testimony by Peter Merritt was presented. He testified that the proposed improvements would not adversely impact the real estate value of abutters and in fact would improve the neighborhood aesthetics. 7. A letter was read into the record from David S. Martin of 1076 East Shore Rd. Mr. Martin objected to the addition of the Portico. He offered to waive any objection if the garage on the site plan would be moved 5 ft. to the north. 8. A letter was read into the record from Henry W. and Anne H. Lane of 1075 East Shore Rd. The Lanes objected to the size of the shed structure surrounding the transformer. The objection was based on their claim of visual obstruction of their water view. 9. The addition of the portico, pergola, and shed would not expand the scope of the special use previously granted. The motion carried by a vote of 5 - 0. ADJOURNMENT A motion was made and seconded to adjourn the meeting at 9:25 p.m The motion carried unanimously.