Jamestown Zoning Board of Review

Minutes of the November 30, 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 7:10 pm.
      The clerk called the roll and the following members were present:

Catherine Finney
Richard Allphin
Thomas Ginnerty
Dennis Grieco
Guy Settipane
Don Wineberg
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 

The Zoning Board requested to take the agenda items out of schedule and
hear the appeal of James Estes first.

New Business

1. Appeal of James Estes of the Zoning Official's Determination of
timeliness of appeal.
Seated: Catherine, Thomas, Dennis, Guy & Don
Recused: Richard Allphin, Raymond Iannetta

The applicant and the objector addressed the board regarding the appeal of
the Zoning Officer's determination.
      After both sides stated their arguments  Mr. Scott requested a 5
minute break so the Zoning Board could review his memo regarding the

A motion was made by Don Wineberg and seconded by Dennis Grieco to take a
5 minute break to discuss special counsels memorandum.  

Motion carried by a vote of 5-0.

When the Board rejoined, comments were requested by the public.
      Sterling Graham asked the Board if anyone had looked at the postmark
date on the envelope.
      Catherine Finney stated that at the time, no one knew this appeal
would have ended up in front of them so the envelope was not saved.  With
no more comments from the public the Board rendered their decision.

A motion was made by Guy Settipane and seconded by Dennis Grieco and later
amended with additions and again made by Guy Settipane and seconded by
Dennis Grieco to sustain the appeal by Mr. James Estes regarding the
Zoning Officer's decision that his claim of appeal filed on September 21,
1999 was untimely.

The above appeal pertains to Lots 354 & 791 on Tax Assessor's Plat 9 and
Lot 602 of Tax Assessor's Plat 8 in the Town of Jamestown, and the
proposal of Conanicut Marine Services to conduct additional piers/wave
screen and an off-site seasonal parking lot.

This motion is based on the following findings of fact:
1. The Jamestown Zoning Ordinance Section 503 does not dictate when the 30
day appeal period is to commence when considering the timely filing of an
2. Applicant's exhibit #3, Zoning Certificate of 8/20/99, was received by
the applicant on 8/23/99 and is otherwise construed as actual notice to
the appellant;
3. Notice of appeal, applicant's exhibit #5, dated 9/19/99 and received on
September 21, 1999 by the Town of Jamestown is within 30 days;
4. Testimony by Frederick Brown, Zoning Officer, stated he does not recall
if the certificate was posted in the public area of the Jamestown Town
Hall.  Said certificate was not recorded in the Land Evidence records;
5. Special Counsel of the Zoning Board, Turner Scott, has advised in a
memorandum dated November 23, 1999 (Board's exhibit #1) concerning the
timely filing of this appeal.
      The Zoning Board has taken this opinion under advisement in making
its decision;
6. The Zoning Board does not have specific rules governing the manner in
which appeals are to be taken.

Motion carried by a vote of 5-0.
2. Appeals of Conanicut Marine Services.

The Board determined that Mr. Cleary needs to advertise his original
appeal in order to hear appeal and variance application of CMS.
      Due to this circumstance, a motion was made by Catherine Finney and
seconded by Dennis Grieco to continue the variance application of
Conanicut Marine Services and the appeal of Conanicut Marine Services to
the specially scheduled meeting held on January 18, 2000 at the Jamestown

Motion carried by a vote of 5-0.

Because Mr. Estes appeal will meet the timeline for the January 18th
meeting, it will be heard as number one on the agenda for that night.
      The Board asked all legal parties involved to submitted written
statements to the Board regarding their case no later than January 7th.
      All parties were in agreement.

A motion was made by Dennis Grieco and seconded by Catherine Finney to
adjourn the meeting at 9:15 pm.

The motion carried by a vote of 5-0.


Kimberly Turcone
Recording Clerk