JAMESTOWN ZONING BOARD OF REVIEW Minutes of the November 25, 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 Rolf Knudsen Richard Allphin Thomas Ginnerty Guy Settipane Don Wineberg Raymond Iannetta Also present were: Jane Fitts, Stenographer Pat Westall, Zoning Clerk Fred Brown, Zoning Officer Mary Jo Carr, Counsel MINUTES of OCT. 28, 1997 A motion was made by Don Wineberg and seconded by Richard Allphin to accept the minutes of the Oct. 28, 1997 meeting as written. The motion to accept carried unanimously. CORRESPONDENCE A Memorandum dated Nov. 13, 1997 from the Planning Commission re: Comprehensive Plan Survey. A letter from the Town Clerk re: terms of alternate members. OLD BUSINESS Seated: Richard, Thomas, Dennis, Guy, Don, and Raymond. Catherine and Rolf recused themselves. Karen Ellsworth was counsel for this application. Wharton The Conanicut Yacht Club by and through counsel hereby moves the Zoning Board of Review to dismiss Alexander B. Wharton's appeal on the following grounds: (1) Wharton is barred from his present appeal because of his participation in the prior appeal when this Board decided that platform tennis courts are a permitted use in an R20 district; and (2) Wharton is not an aggrieved party under the relevant provisions of the Town Ordinance. A motion was made by Don Wineberg and seconded by Thomas Ginnerty to deny the motion to dismiss. The motion carried by a vote of 5 - 0 A motion was made by Guy Settipane and seconded by Thomas Ginnerty that Mr. Wharton was an aggrieved party. The motion carried by a vote of 5 - 0. The motions were based on the fact that Mr. Wharton testified lighting and noise would effect his property such that he was determined an aggrieved party with standing to bring the appeal. His property is located 280 feet from the lot in question. A motion was made by Thomas Ginnerty and seconded by Don Wineberg to deny the appeal of Alexander Barclay Wharton, whose property is located at 45 Calvert Place, and further identified as Tax Assessor's Plat 8, Lot 349 to appeal the building permit issued to Conanicut Yacht Club for the construction of paddle tennis courts on property located at 24 Whittier Rd. The appeal is based on Article 3, Section 301 VI E. Commercial Indoor Recreation & Article 3, Section 302 Accessory Use of Structure. This motion is based on the following findings of fact: 1. The property is located in a R20 zone and contains 103,281 sq. ft. 2. That the Board's decision regarding the motion to dismiss filed by C.Y.C. was denied earlier. That the appellant Alexander Barclay Wharton has been determined to be an aggrieved party with standing as determined earlier. 3. That the appeal is from the decision of the Building Official that the construction of a paddle tennis facility is controlled by Article 3 Section 301, Table 3-1, VI, SubSection F. 4. The Building Official testified that paddle tennis courts in other communities are accessory to golf course operations that are allowed under F1. 5. The Comprehensive Plan encourages private outdoor recreational activities. Consideration was given to section 11 and 12 but the Board decided in favor of classifying the present application under section F1. 6. The golf course use is a permitted use in an R20 district. 7. That the paddle tennis courts are accessory to that use and also permitted. The motion to deny carried by a vote of 4 - 1. Richard Allphin, Thomas Ginnerty, Guy Settipane, and Don Wineberg voted in favor of the motion. Raymond Iannetta voted against the motion. At this time, due to the hour (10:00) the chair asked if anyone would like to have their application continued to the next regular meeting. Mr. & Mrs. Muir requested that their application be continued to the next regular meeting. A motion was made by Richard Allphin and seconded by Catherine Finney to continue the application of Donald & Ann Muir to the next regular meeting Dec. 16, 1997. The motion did not carry by a vote of 3 - 2. Guy Settipane, Rolf Knudsen, and Thomas Ginnerty voted against the motion. NEW BUSINESS Seated: Catherine, Rolf, Richard, Thomas, and Guy. MUIR A motion was made by Guy Settipane and seconded by Thomas Ginnerty to deny the request of Donald and Ann Muir, whose property is located at 44 East Shore Road, and further identified as Tax Assessor's Plat 7, Lot 73 for a variance from Article 3, Section 306, (Authorized Departures from Yard Regulations "D") to install an 8' high stockade fence and privacy buffer along the northerly and southerly lot lines instead of the required 6 feet high fence. 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. This motion is based on the following findings of fact: 1. Said property is located in an R40 zone and contains 24,595 sq. ft. 2. The abutting property owners to the north (Lot 98) and the south (Lot #70) have objected to the placement of an 8 foot fence in that their view corridor to the water would be obstructed. 3. Expert testimony was presented by Mr. Beretta, a licensed real estate appraiser, that the property value of abutting property owners would be diminished. 4. That the hardship for which relief is requested is not due to the unique characteristics of the land. 5. Alternatives are available for relief by placement of a 6' fence. 6. Six other neighbors filed written objections with the Zoning Board of Review regarding the application for an 8 foot fence. The motion to deny carried by a vote of 5 - 0. BOUTHILLIER A motion was made by Richard Allphin and seconded by Guy Settipane to grant the request of James and Susan Bouthillier, whose property is located at 691 East Shore Road, and further identified as Tax Assessor's Plat 2, Lot 110 for a variance from Article 3, Section 306, (Authorized Departures from Yard Regulations "D") to erect a 7 foot tall fence along the northerly lot line 6 ' being the maximum height allowed. This Board has determined that this application does satisfy the requirements of Article 6, Section 606, Paragraphs 1 through 4. This motion is based on the following findings of fact: 1. Said property is located in an RR80 zone and contains 84,000 sq. ft. 2. The additional 1' beyond the allowed 6' for fence height will allow a more complete screening of the fences and other material adjacent to Mr. Bouthillier's northern property boundary. The motion carried by a vote of 4 - 1 Catherine Finney, Richard Allphin, Rolf Knudsen, and Guy Settipane voted in favor of the motion. Thomas Ginnerty voted against the motion. A motion was made by Thomas Ginnerty and seconded by Don Wineberg to adjourn the meeting at this time due to the hour (11:00). After some discussion the motion was withdrawn. E. PASSAGE SAILMAKERS A motion was made by Rolf Knudsen and seconded by Richard Allphin to grant the request of the Town of Jamestown, owner and East Passage Sailmakers, and the Town of Jamestown Recreation Department, whose property is located at 245 Conanicus Avenue, and further identified as Tax Assessor's Plat 8, Lot 283 for a Special Use Permit under Article 3, Table 3-1 #4 (Govt., Educ., Instit.), and #6 (Commercial, Retail #8 Marine Supplies) to allow the lease of the 2nd floor of the golf course club house to be used by two tenants, East Passage Sailmakers for the sale and repair of sails, as well as the Town of Jamestown Recreation Dept. for the purpose of educational and low impact recreation programming such as yoga, art and theater workshop. This Special Use Permit is granted with the following restrictions: 1. There will be no additions to the lighting now present in the parking area or on the building - including no high pressure sodium lighting. 2. No changes to the signage can be made without a special use permit. This motion is based on the following findings of fact: 1. Said property is located in an OS zone and contains 79 acres. 2. This facility will allow the Town of Jamestown to expand its recreational activities. 3. The Jamestown Town Council has negotiated with the East Passage Sailmakers to lease this property, and believes it to be an appropriate use for the space. 4. There was no opposition to this application. 5. Testimony was received that a recreational department office is included. The motion carried by a vote of 5 - 0. ADJOURNMENT A motion was made and seconded to adjourn the meeting at 11:40 p.m. The motion carried unanimously.