2008-04-03 / News

Zoning board reverses decision by court order

By Sam Bari

The Zoning Board of Review reversed its decision to deny a special use permit application made last January by John J. Perotti following a March 11 decision of the Rhode Island Superior Court.

Chairman Thomas Ginnerty made the motion to approve the application after the matter was discussed in executive session at the March 25 zoning board meeting. The application denied by the board, on April 24, 2007, was for the construction of a three-bedroom, single-family home with a two-car garage on a double lot property on Ship Street in the Jamestown Shores. The application included a request to install an advanced individual sewage disposal system, private well, porches, and driveway.

The approval for the house to be constructed in accordance with the submitted plans was conditional and subject to the town solicitor approving the proposed court order, and the applicant filing the order with the Rhode Island Superior Court. The applicant was also required to provide the board with a certified copy of the entered order to attach to its written decision as an exhibit.

The motion to approve the application carried by a vote of 5- 0. Chairman Ginnerty and board members Richard Cribb, Joseph Logan, David Nardolillo, and Richard Allphin voted in favor of the motion. Vice Chairman Don Wineberg, and board members Richard Boren and Dean Wagner were not seated.

In an unrelated matter, a motion was made by Nardolillo and seconded by Ginnerty to approve an application by Marianne Oldewurtel to construct a second story addition to an existing single-family dwelling on a property at 20 Pemberton Ave. The request was for a dimensional variance for a building 17-feet from the front (westerly) lot line instead of the 30-feet required by the ordinance.

The board determined that the application satisfied the requirements for approval, with the condition that the project be constructed in strict accordance with the site and building plans approved by the board.

The motion was approved by a vote of 5-0.

Chairman Ginnerty, Vice Chairman Wineberg, and board members Boren, Joseph Logan, and Nardolillo voted in favor of the motion. Board members Wagner, Cribb, and Allphin were not seated.

Return to top