***** UNAPPROVED MINUTES ***** JAMESTOWN ZONING BOARD OF REVIEW Minutes of the December 16, 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 Dennis Grieco 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 NOV. 25, 1997 Seated: Catherine, Richard, Guy, Don, and Raymond. A motion was made by Richard Allphin and seconded by Don Wineberg to accept the minutes of the Nov. 25, 1997 as written. The motion to accept carried by a vote of 5 - 0. CORRESPONDENCE A memo from the Town Administrator re: Schedule for Budget Hearings. A flyer re: Jamestown Senior Center. OLD BUSINESS Seated: Catherine, Richard, Dennis, Guy, and Raymond. HAMMETT COURT John Murphy, attorney for the applicant, addressed both the appeal and the special use permit applications of Hammett Court. Due to the fact that the applicant and the objectors had witnesses that could not be here tonight or for the January meeting, and because the result of the special use permit may render the appeal moot, he requested that they both be continued. A motion was made by Richard Allphin and seconded by Dennis Grieco to continue the applications of Hammett Court Properties to the February 24, 1998 meeting. The motion carried by a vote of 5 - 0 . NEW BUSINESS CASEY A motion was made by Dennis Grieco and seconded by Guy Settipane to continue the application of Lori A. Casey to the January 27, 1998 meeting; due to concerns with the zero setback; to allow the applicant time to address the concerns. The motion carried by a vote of 5 - 0. MARKSBERRY A motion was made by Dennis Grieco and seconded by Guy Settipane to grant the request of Stephen & Dianne Marksberry, whose property is located at 32 Pemberton Ave., and further identified as Tax Assessor's Plat 8, Lot 84 for a Special Use Permit under Article 3, Table 3-1, Permitted Uses, I. Residential, 11. Mixed Use, to allow a Family Group Day Care Home (12 children maximum allowed) and a single-family residence at 32 Pemberton Ave., and a variance from Article 3, Table 3-2, District Dimensional Regulations to allow construction of a 5' x 6' bulkhead (basement entry) which will be 18' from the street line at Pemberton Ave., wherein 30' is required, and 5' from the street line at Watson Ave., wherein 15' is required, a variance from Article 12, Section 1200, Parking Requirements, to allow a three car parking area on the Pemberton Ave. (front side) of the property instead of a five car parking area in the rear portion of the property, as required by ordinance. This Board has determined that this application does satisfy the requirements of Article 6, Section s 600 & 602, Section 606, Paragraphs 1 through 4, and Section 607, Paragraph 2. This variance is granted with the following restrictions: 1. All gutters and downspouts from the building shall be tied into the Town storm sewer drain system by means of underground pipe. 2. There shall be no parking or fill on the easterly potion of the lot - i.e.- to the rear of the structure. 3. This approval shall be limited to no more than 12 children. 4. A satisfactory arrangement shall be determined for the hedge or fence proposed between the front yards of lots 84 and 568 when the applicant obtains the town planner's approval of the parking arrangements. The owner of lot 568 shall be consulted on the matter. This motion is based on the following findings of fact: 1. The property is located in a CL zone and contains 12,300 sq. ft. 2. The application well balances the concerns of neighbors and is not inimical to the public health or welfare, or substantially harmful to the uses of other properties in the area. 3. The need for 2 spaces in parking relief is necessitated by the inability to park in the back yard and the large tree in the front yard which the applicants desire to keep. 4. The dimensional relief required for the bulkhead is reasonable and necessary to provide access to the basement at a location which will not affect access to the structure from the parking area. The motion carried by a vote of 5 - 0. ADJOURNMENT A motion was made by Don Wineberg and seconded by Richard Allphin to adjourn the meeting at 8:36 p.m The motion carried unanimously.