***** UNAPPROVED MINUTES *****

 

 

JAMESTOWN ZONING BOARD OF REVIEW

 

     Minutes of the June 24, 2008 Meeting

 

 

A regular meeting of the Jamestown Zoning Board of Review was held at the Jamestown Town Hall, 93 Narragansett Avenue.  The Chairman called the meeting to order at 7:04 p.m.  The clerk called the roll and noted the following members present:

 

Thomas Ginnerty

Joseph Logan

David Nardolillo

Dean Wagner

Richard Cribb

Richard Allphin

 

Also present:       Brenda Hanna, Stenographer

Pat Westall, Zoning Clerk

Fred Brown, Zoning Officer

Wyatt Brochu, Counsel

 Bruce Keiser, Town Administrator

William Kelly, Town Council Member

Michael Gray, Town Engineer

A. Lauriston Parks, Counsel

 

 

 

Zoning Board of Review

 

MINUTES

 

Minutes of May 20, 2008

 

A motion was made by Thomas Ginnerty and seconded by Richard Cribb to accept the minutes of the May 20, 2008 meeting as presented.

 

The motion carried by a vote of 5 – 0.

 

Thomas Ginnerty, Joseph Logan, David Nardolillo, Dean Wagner, and Richard Cribb voted in favor of the motion.

 

Richard Allphin was not seated, and Don Wineberg and Richard Boren were absent. 

 

 

 

CORRESPONDENCE

 

Brasil

 

A letter from Mark Brasil requesting a one-year extension of a previously granted variance.

 

A motion was made by Thomas Ginnerty and seconded by David Nardolillo to grant a one-year extension of a previously granted variance as requested by John A. Murphy, Esq. For Mr. Brasil, who was having difficulty getting a builder for the project.

 

The motion carried by a vote of 5 – 0.

 

Thomas Ginnerty, Joseph Logan, David Nardolillo, Dean Wagner, and Richard Cribb voted in favor of the motion.

 

Richard Allphin was not seated, and Don Wineberg and Richard Boren were absent. 

 

 

Piccoli

 

A motion was made by Thomas Ginnerty and seconded by Richard Cribb to grant the request by John A. Murphy that the application be withdrawn without prejudice due to an error in the advertisement an application.

 

The motion carried by a vote of 5 – 0.

 

Thomas Ginnerty, Joseph Logan, David Nardolillo, Dean Wagner, and Richard Cribb voted in favor of the motion.

 

Richard Allphin was not seated, and Don Wineberg and Richard Boren were absent. 

 

 

 

NEW BUSINESS

 

Phelan

 

A motion was made by Thomas Ginnerty and seconded by Dean Wagner to grant the request of Mr. Phelan by Fred Brown, to continue the application to the July 22, 2008 meeting.

 

The motion carried by a vote of 5 – 0.

 

Thomas Ginnerty, Joseph Logan, David Nardolillo, Dean Wagner, and Richard Cribb voted in favor of the motion.

 

Richard Allphin was not seated, and Don Wineberg and Richard Boren were absent. 

 

 

Town of Jamestown

 

A motion was made by Thomas Ginnerty and seconded by Joseph Logan to grant the request of The Town of Jamestown, whose property is located at 1 Freebody Drive (Sewer Treatment Plant), and further identified as Tax Assessor’s Plat 7, Lot 1 for the following relief for the proposed new Highway Garage Building.

 

a.    A special use permit in accordance with Section 82-302 (District Dimensional Regulations), Table 3-1, IV Gov’t, Education, Institutional (10) Gov’t Owned utility facility.

b.    A dimensional variance from Section 82-302 (District Dimensional Regulations) Table 3-2, Public Zoning District, side yard southerly setback of 4.8 ft., 40 being required.

c.    A variance from Section 82-306 for an 8’ fence.

d.    A variance from Section 82-1203 Minimum off street parking, 39 spaces required, 33 being provided.

 

 

Regarding this request, this Board has determined that this application does satisfy the requirements of ARTICLE 6, SECTION 600

 

Regarding the request for a Variance, 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.

 

Regarding the request for a Special Use Permit, this Board has determined that this application does satisfy the requirements of ARTICLE 6, SECTION 602.

 

This Variance is granted with the following restriction:

 

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 PUBLIC zone and contains 25.62 acres.

2.          The Planning Commission unanimously approved the plan incorporated by reference.

3.          That the project was approved by the voters of the Town of Jamestown.

4.          That the Town has entered into a purchase and sales agreement with the State of Rhode Island to expand AP7, Lot 1.

5.          Adequate off street parking for the public and employees has been provided, 39 spaces required, 33 spaces provided. The salt storage building is not occupied, hence parking is not needed. Therefore 33 spaces are deemed adequate.

6.          That the construction has minimized visual impact to the public and is located in an area with extensive existing development including The Pell Bridge and CMC Boat Yard.

7.          The 8’ fence is needed for security and safety. Black vinyl will minimize the visual impact.

8.          The dimensional side yard relief is reasonable since the abutting property is Bridge property; hence it has minimal impact in use on other property owners or the public in general.  

 

The motion carried by a vote of 4 – 1.

 

Thomas Ginnerty, Joseph Logan, Dean Wagner, and Richard Cribb voted in favor of the motion.

 

David Nardolillo voted against the motion.

 

Richard Allphin was not seated, and Don Wineberg and Richard Boren were absent. 

 

 

 

Bart

 

After testimony was heard the chair recommended this application be continued because new material was presented that the Board did not have time to review. And he also requested that the Town Engineer do a site review and report back to them on the dimensions and characteristic of the lot. 

 

A motion was made by Thomas Ginnerty and seconded by Richard Cribb to continue the application of Mark A. Bard to the July 22, 2008 meeting.

 

The motion carried by a vote of 5 – 0.

 

Thomas Ginnerty, Joseph Logan, David Nardolillo, Dean Wagner, and Richard Cribb voted in favor of the motion.

 

Richard Allphin was not seated, and Don Wineberg and Richard Boren were absent. 

 

 

 

Dalrymple

 

Peter Brockmann, Esq., representing the applicant, requested the application be continued to the July meeting due to the late hour.  Mark Liberati, Esq., representing an abutter requested it be continued to the August meeting as his clients would be out of town in July.

 

A motion was made by Thomas Ginnerty and seconded by Richard Cribb to continue the application of David Dalrymple to the August 26, 2008 meeting as requested.

 

The motion carried by a vote of 5 – 0.

 

Thomas Ginnerty, Joseph Logan, David Nardolillo, Dean Wagner, and Richard Cribb voted in favor of the motion.

 

Richard Allphin was not seated, and Don Wineberg and Richard Boren were absent. 

 

 

 

Solicitor’s Report

 

There was nothing to report at this time.

 

 

 

 

ADJOURNMENT

 

A motion was made and seconded to adjourn at 9:45 p.m.

 

The motion carried unanimously.