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

Jamestown Zoning Board of Review

Minutes of the November 23, 1999 Meeting

A regular meeting of the Zoning Board of Review was held at the Jamestown
Town Hall, 93 Narragansett Avenue.
      The meeting was called to order by the Chairwoman at 7:15 pm.
      The clerk called the roll and the following members were present:

Catherine Finney
Richard Allphin
Dennis Grieco
Guy Settipane
Raymond Iannetta

Also present:

Jane Streeter, Stenographer
Kimberly Turcone, Recording Clerk
Fred Brown, Zoning Officer
Larry Parks, Town Solicitor
Turner Scott, Special Counsel to the Zoning Board

Minutes of October 26, 1999

Seated: Catherine, Richard, Dennis, Guy & Ray
A motion was made by Dennis Grieco and seconded by Raymond Iannetta to
accept the minutes of October 26th as presented.

Motion carried by a vote of 5-0.

Correspondence

1. Copy of a "Notice of Violation" from Fred Brown RE: Plat 3, Lot 152.
2. A letter from Thomas Stolarz RE: 691 East Shore Road
3. A letter from Emmet Turley RE: ISDS variance of Mr. & Mrs. S. Toher on
Seaside Drive.
4. A letter from Jim Bouthillier requesting an extension of a previously
granted variance.
Seated: Catherine, Richard, Dennis, Guy & Ray

A motion was made by Catherine Finney and seconded by Guy Settipane to
grant the request of Jim Bouthillier, whose property is located at 691
East Shore Road and further identified as Tax Assessor's Plat 2, Lot 110
for a one year extension (11/25/99 to 11/25/00) of a previously granted
variance to build a 7 foot high fence.  

Motion carried by a vote of 5-0.

Old Business

1. Schedule a hearing date for the variance application and appeals of
CMS.

The Board asked the applicants to wait until they had a quorum.
      The Chairwoman announced at 7:37 pm that the Zoning Board of Review
would not have a quorum to hear the applicant.  

At this time a motion was made by Catherine Finney and seconded by Guy
Settipane to move the appeal of Estes and the application and appeal
request of CMS to November 30, 1999 at 7 pm at the Library and to proceed
if appropriate (if not all matters will be rescheduled at a later date).
      If there is no quorum for November 30th then meeting will be heard
on the regularly scheduled meeting on December 14, 1999.
      The Chair asked that the Zoning Clerk contact all parties by noon on
November 29, 1999 if there will be a quorum for Tuesday nights meeting.

Motion carried by a vote of 3-0.
       Richard Allphin and Raymond Iannetta recused themselves

2. Special Use Permit of Paws & Claws.

Seated: Catherine, Richard, Dennis, Guy & Ray

A motion was made by Catherine Finney and seconded by Dennis Grieco to
continue the application of Paws & Claws to the next regular meeting
December 14, 1999 at the Jamestown Town Hall.

The motion carried by a vote of 5-0.

New Business

1. Appeal of James Estes of the Zoning Official's Determination of
timeliness appeal.

The Board asked the applicants to wait until they had a quorum.
      See decision in Old Business #1.

2. Variance application of Jean Poirier Green.

Seated: Catherine, Richard, Dennis, Guy & Ray

A motion was made by Dennis Grieco and seconded by Richard Allphin to
GRANT the request of Jean Dexter Poirier Trust, (Jean Poirier Green,
owner), whose property is located at 933 East Shore Road, and is further
identified as Tax Assessor's Plat 1, Lot 84 for a variance from Article
302 (District Dimensional Regulations) to construct an additional garage
17.5 feet from the side lot line (30 feet required) and 39 feet from the
front property line (40 feet required), and to construct a front porch
18.5 feet from the front property line (40 feet 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 Variance is granted with the following restrictions:

There will be no habitable space within the proposed new garage unless the
property owner obtains the requisite DEM approval for such space.

This motion is based on the following findings of fact:
1. Said property is in a RR80 zone and contains 21,000 square feet;
2. The applicant's basement is wet and they are in need of additional
storage space due to their combination of two households in their house;
3. The applicants are in need of additional living space now that their
children are growing up;
4. The proposed additions do not encroach further into the east and south
setbacks than the present structure and in fact encroach less on the south
side;
5. The plans reveal a leach field on the northerly side of the house which
would prohibit expansion on that side;
6. There were no objections to the application.

Motion carried by a voted of 5-0.

3. Variance application of Michael Rocchio.

A motion was made by Catherine Finney and seconded by Richard Allphin to
continue the Rocchio application on December 14, 1999 because of no
quorum.  

Motion carried by a vote of 4-0.  Dennis Grieco recused himself.

4. Variance application of Forge Construction Management, Inc.
Seated: Catherine, Richard, Dennis, Guy & Ray

A motion was made by Raymond Iannetta and seconded by Guy Settipane to
GRANT the request of Forge Construction Management, Inc. whose property is
located at Helm Street and is further identified as Tax Assessor's Plat
14, Lot 94 for a variance from Article 3, Section 302 (District
Dimensional Regulations) to construct a 26 foot x 30 foot house with a
frontage setback of 24 feet instead of the required 30 foot setback.

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 7,2000 square feet;
2. The six foot variance from 30 feet required front yard setback is
necessary to prevent the hardship of an unusually narrow home;
3. There is an additional hardship in that the lot is a corner lot;
4. The footprint of a 780 square foot residential structure conforms with
the existing neighborhood homes;
5. DEM has approved a two bedroom home for the lot;
6. There were two objections from non abutting landowners.

The motion carried by a vote of 5-0.

A motion was made by Richard Allphin and seconded by Guy Settipane to
adjourn the meeting at 8:29 pm.

The motion carried by a vote of 5-0.

Attest:

Kimberly Turcone
Recording Clerk