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

JAMESTOWN ZONING BOARD OF REVIEW

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 7:03 p.m. The clerk called the roll and noted the following members present:

Thomas Ginnerty

Richard Boren

Joseph Logan

David Nardolillo

Richard Cribb

Richard Allphin

Also present: Brenda Hanna, Stenographer

Pat Westall, Zoning Clerk

Fred Brown, Zoning Officer

Wyatt Brochu, Counsel

A motion was made by Thomas Ginnerty and seconded by Richard Cribb to accept the minutes of the September 22, 2009 meeting as presented.

The motion carried by a vote of 5 –0.

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

Richard Allphin was not seated and Don Wineberg and Dean Wagner were absent.

An e-mail from Mark Liberati, Esq. requesting to continue the Petrosinelli application to the next hearing date.

A motion was made by Thomas Ginnerty and seconded by Richard Boren to continue the request of Arthur-Paul Petrosinelli to the December 15, 2009 meeting.

The motion carried by a vote of 5 –0.

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

Richard Allphin was not seated and Don Wineberg and Dean Wagner were absent.

A motion was made by Thomas Ginnerty and seconded by Joseph Logan to grant the request of MetroPCS Massachusetts, LLC (Town of Jamestown, property owner), regarding property located at 96 Howland Ave., Jamestown, RI, and further identified as Tax Assessor’s Plat 9, Lot 152 for a special use permit to install a wireless communications facility on said property pursuant to Article III, Section 82-301 and Article VI, and to the extent necessary, a dimensional variance to exceed the height limitation, pursuant to Article III, Section 82-302 and Article VI.

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(s):

1. MetroPCS will plant 8 foot tall arborvitae trees from the northeast corner of the lot to the driveway.
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 in a Public zone and contains .52 acres.
2. This application is very similar to those already approved for the other carriers using the water tower now.
3. There does not seem to be any noise issue. It is similar to the other installations.
4. Screening will be similar to the other installations.
5. Two people spoke in opposition.

Richard Boren made a motion to amend the motion to exclude the part about landscaping.

The motion was not seconded.

A vote was taken on the motion without the amendment.

The motion carried by a vote of 5 – 0.

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

Richard Boren voted in favor although he did not agree with the landscape condition.

Richard Allphin was not seated and Don Wineberg and Dean Wagner were absent.

Nothing at this time.

Nothing at this time.

A motion was made and seconded to adjourn at 7:37 p.m.

The motion carried unanimously.