*****
UNAPPROVED MINUTES *****
Minutes of the June
24, 2008 Meeting
A
regular meeting of the Jamestown Zoning Board of Review was held at the
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
MINUTES
Minutes
of
A motion
was made by Thomas Ginnerty and seconded by Richard Cribb to accept the minutes of the
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application be withdrawn without prejudice due to an error in the advertisement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
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
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
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
4.
That
the Town has entered into a purchase and sales agreement with the State of
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
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
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
The
motion carried unanimously.