2005-08-04 / News

Zoning panel approves request for storage unit

By Sam Bari

At its July 26 meeting, the Zoning Board of Review unani-mously approved an application by the Bay Voyage Interval Owners Association for a special-use per-mit to build a 12by 14-foot 9-inch storage unit at 150 Conanicus Ave.

Arthur J. Schindler, who repre-sented the association, said the unit would be located behind the main building and used to store tables and chairs for the restaurant. The structure would be behind a fence running with the existing pool fence. “The storage needs were generated by the Jamestown Fire Department to stop use of the pres-ent storage area because the pres-ent facility does not meet fire regu-lations,” Schindler said.

Schindler pointed out that the structure would not have windows and would blend in with existing buildings. Schindler was coopera-tive and accommodating concern-ing all questions about ways that the commercial facility of the Bay Voyage Restaurant and Hotel could impact the surrounding residential area in a positive way.

Awoman living next door to the Bay Voyage inquired about the proposed building and requested to examine the plans due to concerns about how it was going to affect her home. Schindler allayed all of her concerns.

Board member Don Wineberg moved to approve with some restrictions that would not effect the fundamental design. Board Chairman Thomas Ginnerty sec-onded the motion.

In other business a letter from Joseph A. Giammarco of Anderson & Kreiger, representing Cingular Wireless, requested a continuance to the August zoning board meet-ing. The letter said that Cingular needs more time to properly pres-ent the much awaited proposal to install a wireless communications facility at 79 Tashtassuc Road.

At the public hearing held on May 24 concerning Cingular’s application, the board requested that a number of additional items be submitted about the possibility of pursuing alternative ways of addressing the public needs. The letter said that Cingular is in the process of examining such alterna-tives, including one which required a large amount of data from a vari-ety of other sources.

The correspondence concluded with a request for a continuance of one month to give Cingular the time needed to make a thorough analysis and completion of exami-nation of the data. Ginnerty moved to accept the request for continu-ance and the board unanimously approved.

Board Member Elizabeth Brazil recused herself from participation in voting on a request for a vari-ance by builder Kerry Sheehan because she opposed development of the property. Brazil cited possi-ble septic problems due to the pro-posed well site and defective notice from the applicant.

Correspondence from state Board of Ethics staff attorney Dianne Leyden confirmed Brazil’s right to recuse hersef from partici-pating in or voting on the variance request provided she would not be given any special consideration because of her position as a mem-ber of the zoning board.

Ginnerty suggested that the applicant ask for a continuance due to unclear legal positions on the matter of defective notice cited by Brazil and supported by a letter from another abutting property owner, Jennifer Cloud.

According to the letter from Cloud, she received no notice of the hearing for the variance, nor did she receive notification for the variance sought from the state Department of Environmental Management. She claimed to have been informed of the request by neighbors.

Although counsel urged the board to rule, board member Wineberg moved for continuance to give time for a decision to be made on the part of the applicant. Sheehan can choose between pur-suing the matter as is, abandoning the project, or starting the process from the beginning. Vote for the continuance was 4-1 for approval of the continuance until September.

Other items on the agenda con-tinued until next month’s meeting were:

• Maria Dolos’ request for a variance.

• Kerry Sheehan request for a variance.

•Doris Arthur request for a vari-ance.

• STD Building Corp., a request for a special-use permit and a vari-ance.

• Barbara Kosacz et al, a request for a variance was continued to September.

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