"**** Unapproved Minutes *****

JAMESTOWN ZONING BOARD OF REVIEW

Minutes of the April 28, 2009 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 7:00 p.m. The clerk called the roll and noted the following members present:

Thomas Ginnerty

Don Wineberg

Richard Boren

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

 

 

MINUTES

Minutes of March 24, 2009

A motion was made by Thomas Ginnerty and seconded by Joseph Logan to accept the minutes of the March 24, 2009 meeting as presented.

The motion carried by a vote of 5 –0.

Thomas Ginnerty, Don Wineberg, Richard Boren, Joseph Logan, and David Nardolillo voted in favor of the motion.

Dean Wagner, Richard Cribb, and Richard Allphin were not seated.

 

CORRESPONDENCE

None at this time.

 

 

NEW BUSINESS

Ryng-Dutton Appeal

A motion was made by Thomas Ginnerty and seconded by Don Wineberg to continue the appeal of Janice Ryng-Dutton to the May 19, 2009 meeting.

The motion carried by a vote of 5 –0.

Thomas Ginnerty, Don Wineberg, Richard Boren, Joseph Logan, and David Nardolillo voted in favor of the motion.

Dean Wagner, Richard Cribb, and Richard Allphin were not seated.

Ryng-Dutton

A motion was made by Thomas Ginnerty and seconded by Don Wineberg to continue the variance request of Janice Ryng-Dutton to the May 19, 2009 meeting.

The motion carried by a vote of 5 –0.

Thomas Ginnerty, Don Wineberg, Richard Boren, Joseph Logan, and David Nardolillo voted in favor of the motion.

Dean Wagner, Richard Cribb, and Richard Allphin were not seated.

 

 

Dutch Harbor

A motion was made by Don Wineberg and seconded by David Nardolillo to grant the request of Dutch Harbor, LLC whose property is located at 252 Narragansett Ave., and further identified as Tax Assessor’s Plat 8, Lots 2, 463, & 597 for a special use permit under Article 82, Section 704 and a variance from Article 82, Section 302, Table 3-2(District Dimensional Regulations) requiring a thirty foot setback from the street. Three feet is provided. Article 82 Section 1200 requiring one additional parking space for the proposed use and sixty-eight spaces for the existing marine, Article 82 Section 1202 requiring that parking shall be located in the rear portion of the property. The above relief is requested in order to change the use of a non-conforming 10’ x 15’ storage shed to sell prepared foods at retail.

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 restrictions:

  1. The conditions recommended for this project by Gary Girard, Chair, Jamestown Planning Commission in his April 6, 2009 memorandum to the Jamestown Zoning Board and the Zoning Enforcement Officer are hereby incorporated by reference and imposed as conditions on the project except the condition related to music is that there shall be no music or other audio played by the project and deliveries may only be made during the permitted hours of operation and prep time.
  2. 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 CW zone and contains 31,284 sq. ft.
  2. Although some residents objected to the proposal in its entirety, most residents indicated they could support the proposed use as long as it was no larger or more intense than proposed.
  3. The use itself is permitted as of right in this district, but the property has no other practical and alternative location for the use and the owner expressly indicated a desire for the service to be provided in an attractive manner.

The motion carried by a vote of 5 –0.

Thomas Ginnerty, Don Wineberg, Richard Boren, Joseph Logan, and David Nardolillo voted in favor of the motion.

Dean Wagner, Richard Cribb, and Richard Allphin were not seated.

Spencer

A motion was made by Joseph Logan and seconded by Richard Boren to grant the request of Albert Spencer, whose property is located at Boom St., and further identified as Tax Assessor’s Plat 14, Lot 347 for a special use permit under Article 3, Section 82-314 (High ground water table and impervious layer overlay district) to construct a two-bedroom single-family dwelling.

 

This Board has determined that this application does satisfy the requirements of ARTICLE 6, SECTIONS 600 and 602.

This Special Use Permit is granted with the following restriction/condition(s):

  1. This project must be constructed in strict accordance with the site and building plans duly approved by this Board.
  2. The Design Engineer shall review the construction of the porous concrete driveway and submit a letter to the Building Official before a C.O. is issued.

This motion is based on the following findings of fact:

  1. Said property is located in a R40 zone and contains 7,200 sq. ft.
  2. The Town Engineer has reviewed and recommended approval of the site plans for drainage, fill, and grading and runoff.
  3. A second door to the second bedroom was removed from the plan.
  4. The Planning Commission has recommended approval to the Zoning Board.
  5. No dimensional variance was requested.

The motion carried by a vote of 4 – 1.

Don Wineberg, Richard Boren, Joseph Logan, and David Nardolillo voted in favor of the motion.

Thomas Ginnerty voted against the motion.

Dean Wagner, Richard Cribb, and Richard Allphin were not seated.

 

 

 

 

 

 

Peltier

A motion was made by Don Wineberg and seconded by Thomas Ginnerty to request an advisory opinion from planning under the ordinances as they think it should apply.

Don Wineberg withdrew the motion.

A motion was made by Don Wineberg and seconded by Thomas Ginnerty to continue the matter for a month subject to receiving an opinion from counsel as to how likely it is that the planning commission approval would be construed by the court to last this long.

Don Wineberg withdrew the motion.

 

A motion was made by Richard Boren and seconded by Don Wineberg to grant the request of Laurent Peltier, whose property is located on Hull St., and further identified as Tax Assessor’s Plat 14, Lot 52 for a special use permit under Article 3, Section 82-314 (High ground water table and impervious layer overlay district) to construct a two-bedroom single-family dwelling.

This Board has determined that this application does satisfy the requirements of ARTICLE 6, SECTIONS 600 and 602.

This Special Use Permit is granted with the following condition:

  1. 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 R40 zone and contains 7,200 sq. ft.
  2. The matter was heard by the Planning Commission on 2 occasions, the last being in May 2007.
  3. The Planning Commission recommended approval by a 6 – 0 vote.
  4. The Zoning Ordinance regarding the overlay district has not changed since May 2007 and there has been testimony that the result would be the same except for a minor change of impervious lot coverage from approximately 14% to 13%.
  5. The applicant is not seeking any dimensional variance.
  6. Nikki Andrews, a designer of waste water treatment facilities testified that the only impervious area is the home.
  7. She further testified there will be minimum runoff.
  8. She further testified there are no wetlands on site.
  9. She further testified that any building will have no effect on runoff.
  10. The location of the house is best for the waste water system location.
  11. Kevin Baker, designer, testified that he designed the house. It is a 2 bedroom, 1½ baths, proportionate to the neighborhood, aesthetically pleasing, 2nd floor is approximately ½ the size of footprint, and the house fits well with the surrounding area.
  12. The 2 bedroom dead restriction is recorded.
  13. No one spoke in opposition of the application.

The motion carried by a vote of 4 – 1.

Don Wineberg, Richard Boren, Joseph Logan, and David Nardolillo voted in favor of the motion.

Thomas Ginnerty voted against the motion.

Dean Wagner, Richard Cribb, and Richard Allphin were not seated.

 

 

Brittain

A motion was made by Thomas Ginnerty and seconded by Joseph Logan to grant the request of Jack H. & Mary Brittain, whose property is located at 230 Conanicus Ave., and further identified as Tax Assessor’s Plat 8, Lot 493 for a special use permit from Article 82, Section 301 (Table 3-1, I (3)) to allow the use of the presently existing building on the premises as a two-family dwelling. No physical alterations to existing buildings are requested.

This Board has determined that this application does satisfy the requirements of ARTICLE 6, SECTIONS 600 and 602.

This Special Use Permit is granted with the following restriction:

  1. 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 R20 zone and contains 47,554 sq. ft.
  2. The property was used as a two-family dwelling prior to the single-family use by the present owner.
  3. The setbacks are all satisfied.
  4. The abutting property is marine storage to the rear, the town police exist to the north, the golf course across the street, and the only residential use is shielded by landscaping.
  5. The purpose is to provide a house for their son and family.
  6. There is more than adequate parking.
  7. There are no objectors and Bill Munger, owner of the property to the rear supported the application.

The motion carried by a vote of 5 –0.

Thomas Ginnerty, Don Wineberg, Richard Boren, Joseph Logan, and David Nardolillo voted in favor of the motion.

Dean Wagner, Richard Cribb, and Richard Allphin were not seated.

 

 

 

Dutra

A motion was made by David Nardolillo and seconded by Thomas Ginnerty to grant the request of Joseph F. Dutra, Jr. Trustee, whose property is located at 9 Mt. Hope Ave., and further identified as Tax Assessor’s Plat 8, Lot 866 for a variance from Article 3, Section 302 (District Dimensional Regulations) to construct an addition (garage), which will be 20’ from the front property line at Mt. Hope instead of required 30’.

 

This Board has determined that this application does satisfy the requirements of ARTICLE 6, SECTION 600, SECTION 606, and SECTION 607, PARAGRAPH 2.

In particular reference to ARTICLE 6, SECTION 606, PARAGRAPH 1, 2, 3, & 4.

This Variance is granted with the following restriction:

  1. 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 R20 zone and contains 21,822 sq. ft.
  2. The variance will have no affect on the general character of the surrounding neighborhood.
  3. The relief is the least amount required.
  4. The abutting property was recently granted the exact same amount of relief.
  5. No objectors were heard.

The motion carried by a vote of 5 –0.

Thomas Ginnerty, Don Wineberg, Richard Boren, Joseph Logan, and David Nardolillo voted in favor of the motion.

Dean Wagner, Richard Cribb, and Richard Allphin were not seated.

 

 

 

 

Solicitor’s Report

Nothing at this time.

EXECUTIVE SESSION

Nothing at this time.

 

ADJOURNMENT

A motion was made and seconded to adjourn at 10:35 p.m.

The motion carried unanimously.