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

  JAMESTOWN ZONING BOARD OF REVIEW

  Minutes of the October 26, 1999 Meeting

A regular meeting of the Jamestown Zoning Board of Review was held at the
Jamestown Town Hall, 93 Narragansett Ave.
      The meeting was called to order by the Chairwoman at 7:02 p.m.  The
clerk called the roll and noted the following members present:

Catherine Finney
Richard Allphin
Thomas Ginnerty
Dennis Grieco
Guy Settipane                         
Raymond Iannetta

Also present were:

Jane Streeter, Stenographer
Pat Westall, Zoning Clerk
Fred Brown, Zoning Officer
Christopher Zangari, Counsel

MINUTES of Sept. 28, 1999

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

A motion was made by Thomas Ginnerty and seconded by Richard Allphin to
accept the minutes of the Sept. 28, 1999 as presented.

The motion carried by a vote of 5 - 0.

CORRESPONDENCE

A memo from the zoning clerk re: expiration of members terms.

A schedule of next months zoning meeting.

A letter from Vetter & White re: access to records.

OLD BUSINESS

Catherine Finney as chair of the Zoning Board cancelled the November 2,
1999 special meeting for CMS and will reschedule a meeting date at the
November 23, 1999 regular meeting. 

NEW BUSINESS

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

Dibiase

A motion was made by Thomas Ginnerty and seconded by Dennis Grieco to
grant the request of Peter DiBiase, whose property is located at 185
Seaside Dr., and further identified as Tax Assessor's Plat 5, Lot 3 for a
variance from Article 3, Section 3-2 (District Dimensional Regulations) to
construct an addition 36' from the front lot line (40' required), and an
addition 13.5' from the south side lot line (20' required). 

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 R40 zone and contains 27,300 sq. ft.

2. The applicant constructed the present dwelling before the acquisition
of an adjacent parcel which was merged by operation of law.

3. At the time of the initial construction, the applicant complied with
setback requirements.

4. No objections were presented.

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

A motion was made by Richard Allphin and seconded by Thomas Ginnerty to
grant the request of John F. Bielagus, whose property is located at 93
Umiak Ave., and further identified as Tax Assessor's Plat 3, Lot 101 for a
variance from Article 3, Section 302 (District Dimensional Regulations) to
construct a handicapped accessible bathroom 18' from the front property
line wherein 30' is required.  
Bielagus cont.

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 R40 zone and contains  17,362 sq. ft.

2. The present house has a 5' x 8' bathroom on the living floor.  The
addition will be for a 10' x 10' bathroom.
      The occupants are elderly and need a handicapped accessible
bathroom.

3. The location proposed for the addition is the only reasonable location
based on the configuration of the lot.

4. There were no objectors to the variance request.

The motion carried by a vote of 5 - 0.

Maurice

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

A motion was made by Thomas Ginnerty and seconded by Guy Settipane to
grant the request of David and Kathleen Maurice, whose property is located
at 130 Frigate St., and further identified as Tax Assessor's Plat 16, Lot
28 for a variance from Article 3, Section 302 (District Dimensional
Regulations) to construct a 12 x 18 room and 34 x 30 garage 20' from the
corner lot line instead of the required 30'.  

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 R40 zone and contains 21,690 sq. ft.

2. The applicant could construct the proposed room and garage constructed
without a variance if the structure was placed 30' from the Bark Street
boundary rather than 20'.

3. The stated purpose for placement of the proposed structures 20' from
the boundary is to make it consistent with the setback of the existing
house and to retain desirable views from the house.

The motion did not carry by a vote of 0 - 5.

The request is denied.

Paws & Claws

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

A motion was made by Dennis Grieco and seconded by Richard Allphin to
continue the application of Paws and Claws Inc., to the Nov. 23, 1999
meeting at the request of the applicant to respond to testimony.

A motion was made by Catherine Finney and seconded by Guy Settipane to
amended the motion to change "applicant to respond to testimony" to "Board
for a determination from the Zoning Official if it is a change of use".
 
The amended motion carried by a vote of 5 - 0.

McQuades

A motion was made by Guy Settipane and seconded by Dennis Grieco to grant
the request of McQuades Market, whose property is located at 5 Clarke St.,
and further identified as Tax Assessor's Plat 9, Lot 105 for a variance
from Article 12 (Parking Regulations), and Article 13, Section 1305 (Sign
Regulations for Commercial Districts) to allow the construction of a
3,750' sq. ft. addition and a larger sign than allowed by ordinance.

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 CD zone and contains 32,000 sq. ft.

2. A review by the Planning Board of the Town of Jamestown determined that
the total number of spaces, being 49 on the property, is adequate and the
resulting parking plan as proposed is appropriate and safer for traffic
and pedestrians.

3. An abutter, Ms. Lawrence, addressed the issue of drainage which was
addressed and no objection maintained.  There were no other objections
presented.
 
4. Relief concerning the signage was deemed appropriate in that the
proposed sign as 42 sq. ft. is proportional to the building and reflects a
reduction in the size of the present sign.

5. There was one objection, by letter from a non abutter opposing the sign
as applied for.

The motion carried by a vote of 5 - 0. 

ADJOURNMENT

A motion was made to adjourn at 10:42 p.m.

The motion carried unanimously.