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

  JAMESTOWN ZONING BOARD OF REVIEW

  Minutes of the OCTOBER 27, 1998 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 7:01 p.m.  The
clerk called the roll and noted the following members present:

Catherine Finney
Richard Allphin
Thomas Ginnerty
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 July 28, 1998

A motion was made by Thomas Ginnerty and seconded by Catherine Finney to
accept the minutes of the July 28, 1998 meeting as written.

The motion carried by a vote of 5 - 0.

Minutes of August 25, 1998

A motion was made by Don Wineberg and seconded by Dennis Grieco to accept
the minutes of the August 25, 1998 meeting amended to change "includes" to
"include" on page 5, #4.

The motion to accept as amended carried by a vote of 5 - 0.

Minutes of September 22, 19998

A motion was made by Thomas Ginnerty and seconded by Dennis Grieco to
accept the minutes of the September 27, 1998 meeting as written.

The motion carried by a vote of 5 - 0.

CORRESPONDENCE

A letter from James Hyman withdrawing the appeal of Mary Webster.

A letter from James Bouthillier requesting a one year extension of a
previously granted variance.

A copy of the Superior Court decision on the Bucklin appeal.

A copy of the Superior Court decision on Murray v. Brakenhoff. 

OLD BUSINESS

Seated: Catherine, Richard, Thomas, Dennis, and Don.

AMIOT

A motion was made by Catherine Finney and seconded by Dennis Grieco to
grant the request of Paul A. et ux Elizabeth O. Amiot, whose property is
located at 42 Clinton Ave., and further identified as Tax Assessor's Plat
9, Lot 561 for a variance from Article 3, Table 3-2 (District Dimensional
Regulations) to build a shed 3 ft. from the side property line instead of
the required 7 ft. 

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.

In particular reference to Article 6, Section 600, Paragraph A,E,

~ ingress and egress to the lot

~ screening and buffering

and Article 606 paragraph :

1 - there are unique characteristics of the subject land.
2 - will not alter general character of surrounding area.

This motion is based on the following findings of fact:

1. Said property is located in a R8 zone and contains 10,400 sq.    ft.

2. In this case, the relief requested is as a result of existing property
features and use patterns.
      Specifically, there is a vegetable garden to the east, a swing set
to the north, and mature existing trees to the north and west, and
accessory structures at the same setback.

3. The proposed shed will provide secondary or seasonal equipment storage.

The motion carried by a vote of 5 - 0.
 
NEW BUSINESS

Webster

A letter was received from James Hyman, attorney for the applicant,
requesting the appeal be withdrawn.

Craven

A motion was made by Dennis Grieco and seconded by Thomas Ginnerty to
accept the withdrawal of the Craven variance application of June 1998 at
the request of John Murphy, attorney for the applicant.

The motion carried by a vote of 5 - 0.

Seated: Catherine, Richard, Thomas, Dennis, and Guy.

Bullock

A motion was made by Thomas Ginnerty and seconded by Dennis Grieco to
grant the request of Polly P. Bullock for the Mary A. Bullock Trust, whose
property is located at 129 Walcott Ave., and further identified as Tax
Assessor's Plat 9, Lot 651 for a variance from Article 3, Section 306D
(Authorized Departures from Yard Regulations) to construct a fence 8' in
height instead of the maximum allowed 6'.  

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 variance is granted with the restriction that the height of the fence
not exceed 8 ft. and the length of the fence not exceed 85 feet.

This motion is based on the following findings of fact:

1. Said property is located in a R40 zone and contains 40,232 sq.    ft.

2. That the 8 ft. height of the proposed fence provides reasonably
necessary privacy and protection from the intrusion of automobile
headlights from adjacent driveways into the living space of the applicant.

3. That the fence has no impact on the views of neighbors, since the
closest residence to the south is in excess of 50 feet away.

4. That the Conanicut Island Land Trust did not object to the application.

5. No one appeared to object and the  closest abutter supported the
application.

The motion carried by a vote of 5 - 0.

Mello

A motion was made by Richard Allphin and seconded by Dennis Grieco to
grant the request of Dennis P. Mello, whose property is located at 807
North Main Rd., and further identified as Tax Assessor's Plat 16, Lot 229
for a variance from Article 3, Sections 302 and 311 (District Dimensional
Regulations & Maximum Size of Accessory Structures) to construct a 20 foot
by 24 foot garage 15 feet from Davit St. rather than required 40 ft.  

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 variance is granted with the restriction that the garage will be no
higher than the present building to which it will be attached.

This motion is based on the following findings of fact:

1. Said property is located in a R40 zone and contains 25,580 sq.    ft.

2. The garage will be no closer to the front lot line than the present
structure.

3. The lot slopes steeply down towards North Road to the east.  This
dictates keeping the garage at the same frontage as the house in order to
be at the same level as the house.

4. This garage will be substantially attached to the principal structure
and therefore this Board has determined that the garage is not an
accessory structure and does not have to meet the rules for the maximum
size of accessory structures.

The motion carried by a vote of 4 - 1.

Zenie

A motion was made by Guy Settipane and seconded by Richard Allphin to
grant the request of Dorothy P. Zenie, whose property is located at 104
Blueberry Lane, and further identified as Tax Assessor's Plat 10, Lot 132
for a variance from Article 3, Section 311 (Maximum Size of Accessory
Structures) to construct a garage.  

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 a RR80 zone and contains 74,844 sq.    ft.

2. That the gross living area of the principal structure is 2,458 sq. ft.
and 30 % of said gross living area is 737.40.

3. That the proposed structure is 984 sq. ft. and is not substantially
attached to the principal structure.

4. That the proposed office/garage structure is within the required
dimensional lot line set backs required by the RR80 zoning district.

5. The applicant has indicated facts that there is a need for a separate
office setting from the residence.
      The number of cars, and that yard machinery and tools to support
maintenance of the lot,  require storage at the sq. footage proposed.

6. No abutting property owners objected to the application.

The motion carried by a vote of 5 - 0.

Ryan

A motion was made by Catherine Finney and seconded by Dennis Grieco to
grant the request of David & Sally Ryan, whose property is located at 101
Melrose Ave., and further identified as Tax Assessor's Plat 8, Lot 30 for
a variance from Article 1 & 3, Sections 103, 311 & Table 3-2 (Definitions,
Maximum Size of Accessory Structures, & District Dimensional Regulations)
to construct an addition.  

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 a R20 zone and contains 104,000 sq.    ft.

2. The addition is not subordinate or incidental to the existing residence
and is substantially attached to the existing residence.
      The applicant amended his plan, with the result of a smaller
structure.

3. The maximum size of the existing residence and proposed addition does
not exceed 25% of lot coverage which is in fact approximately 7%.

4. There is no garage at present .

5. The maximum height of the existing residence and proposed addition does
not exceed 35'.
      The height of the addition is consistent with the existing
residence.

6. The proposed addition meets all lot line setbacks.

7. No abutters spoke against and one abutter spoke in favor of.

The motion carried by a vote of 5 - 0. 

Craven

A motion was made by Guy Settipane and seconded by Richard Allphin  to
continue the application of Bruce T. Craven to the November 24, 1998
meeting at the request of his attorney John Murphy because  there was an
omission in the advertisement, therefore, the applicant needs to
readvertise and abutters need to be notified.

The motion carried by a vote of 5 - 0.
 
Trattoria

A motion was made by Dennis Grieco and seconded by Guy Settipane to grant
the request of Trattoria Simpatico, whose property is located at 13
Narragansett Ave., and further identified as Tax Assessor's Plat 9, Lot
603 for Special Use Permits under Sections 301 to operate a restaurant
providing breakfast service starting at 8:00 a.m., and to convert upper
floor offices to a single residential apartment.

This special use Permit is granted with the restrictions that the number
of seats which may be utilized for breakfast will be limited pursuant to
Article 12 by the number of parking spaces available on site and by the
shared parking agreements the applicant has with Jamestown Hardware and
Jamestown Distributors.

This motion is based on the following findings of fact:

1. Said property is located in a CD zone and contains 15,337 sq.    ft.

2. The mixed use requested is in conformance with the comprehensive plan
for this CD zone.

3. The addition of the breakfast service is needed to augment the
applicant's business in the off season.

4. The applicant has stated her present delivery and trash removal
schedule will continue.

5. No objections were raised.

6. Two abutters spoke in favor of the application.

The motion carried by a vote of 5 - 0.
 
ADJOURNMENT

A motion was made and seconded to adjourn at 10:50 p.m.

The motion carried unanimously.