2008-11-06 / News

Board denies absentee applicant a variance

By Sam Bari

The Jamestown Zoning Board of Review denied absentee applicant David Dalrymple his request to build a single-family dwelling on his undeveloped lot at Pole 249, East Shore Road at its Oct. 28 meeting.

Jamestown Attorney Peter Brockmann represented Dalrymple and his application for dimensional relief in his absence. The applicant lives in Florida and wanted to build the house as a second home.

Dalrymple sought a dimensional variance so he could construct a single-family dwelling on the property. He requested variances of 34.5-feet from the front (easterly) lot line, 40-feet being required, 10.4-feet from the side (northerly) lot line, 30-feet being required, 13-feet from the corner side (southerly) lot line, 40-feet being required, and 25-feet from the side (westerly) lot line, 30-feet being required. The property is located in a RR80 zone and contains 4,886 sq. ft.

An affidavit from the applicant said that the 24-foot by 30-foot (720 square feet) footprint provided approximately 1,440-square feet of gross living area. Because a basement is not permitted in a high-groundwater zone, the plan placed the mechanicals on the first floor. The lack of a basement greatly reduced the available storage area and thereby necessitated the largest possible above-grade living area, which includes a second floor, the affidavit said.

Jamestown Attorney Mark Liberati represented Alan McKibbon, an abutting neighbor who opposed the project.

Richard Pastore, an engineer and chairman of the North Kingstown Planning Commission assisted Liberati as an expert witness in the opposition of the application.

McKibbon asked the board to deny the application. He suggested the house was too big for the lot and not consistent with the architectural design of the area. He also said that the proposed dwelling would be only 10-feet from the lot line separating his property from McKibbon's with no buffer in between. He suggested that Dalrymple's proposed well was in a corner that was too close to McKibbon's septic system. McKibbon brought three abutting neighbors with him who gave similar statements and supported him in his opposition.

After nearly two-hours of testimony and lengthy discussion, the board voted unanimously to deny the application with a 5-0 vote.

In another matter, Jamestown Attorney John Murphy represented Richard and Mary Moody in their request for a dimensional variance at their property at 11 Cole St.

Project architect John Tumino of Ronald F. DiMauro Architects, Inc. of Jamestown assisted in the presentation of the proposed renovation.

The applicant asked to build an addition to an existing house which is 1 2/3- feet from the north side lot line, 7-feet being required and 4-feet 9-inches from the rear lot line, 20-feet being required.

Specifically, the proposed alterations included adding a new entry room, front porch, family room and a garage.

The request was due to hardship caused by the unique characteristics of the existing structure and its non-conforming location on the lot. The applicant's proposed renovation was intended to lessen intrusion into the setbacks and create an attractive but modestly sized livable home.

After a short discussion, the board voted unanimously to approve the application with a 5-0 vote.

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