PUBLIC HEARING of the Town Council held Wednesday, August 28, 2002 at 7:25 p.m. in the Council Chamber, Town Building, Harrisville for and within the Town of Burrillville.
MEMBERS PRESENT: Council President Wallace F. Lees, Councilors Jacqueline Zahn, William A. Andrews, Louis Bleiweis, Edward F. Bonczek and William E. Gonyea.
MEMBERS ABSENT: Councilor Norman C. Mainville was excused.
Relative to consideration of adoption of proposed changes to the Town Zoning Ordinances relative to nonconformance.
NOTE: The public hearing was duly advertised in the Woonsocket Call on August 13, 20 and 27, 2002.
1. Comments/Input/Recommendation from Joseph Raymond, Building Official.
Joseph Raymond, Building Official, reported that these amendments had been proposed to clarify language and to add section “C”. He reviewed the history of the section entitled Nonconformance and the purpose of adopting such ordinances. He described the steps he had taken to research lots that had been created legally through the subdivision process that are not affected by the aquifer overlay district that could now be removed from the merger clause.
2. Comments/Input/Recommendations from the Ordinance Subcommittee.
Councilor William A. Andrews, Chair of the Ordinance Subcommittee, reported that the Subcommittee had met on this proposed ordinance three times. He said that Walter J. Kane, Town Solicitor, had been present at the meetings and that the three members of the Subcommittee concurred in recommending passage of the amendments to the zoning ordinance.
3. Comments/Input/Recommendation by Administration.
Michael C. Wood, Town Manager, raised concerns about the effective date of the ordinance. He suggested that the proposed changes would result in considerable administrative work and recommended an alternative effective date of December 31, 2002 or January 1, 2003. Joseph Raymond, Building Official, pointed out that there are many lots that were affected by the merger clause that have not been identified.
There was considerable discussion of whether the effective date would affect the tax roles for FY2002. Walter J. Kane, Town Solicitor, stated the opinion that it would be best to make the ordinance effective prior to December 31, 2002.
Michael C. Wood, Town Manager, recommended passage of the ordinance.
Walter J. Kane explained that the amendments would not unmerge all lots. The lots that will be affected are those lots that were approved by the Planning Board after 1973, have Town sewers and Town water.
Michael C. Wood, Town Manager, pointed out that the amendments would impact residents and some residents may not be pleased with these amendments. Joseph Raymond, Building Official, stated that there is a process in place by which property owners can cause their lots to stay together.
Joseph Raymond, Building Official, pointed out two typographical errors that require correction. On page 3, paragraph 8, add “unimproved” before “lots”; and on page 8, paragraph 12, add “in” before “any Aquifer Overlay Zone.
4. Proponents:
John Mancini, Esq., representing Anna Pinga, whose property has been affected by the merger clause. On behalf of his client, he supported the proposed ordinance with the proposed effective date of October 1, 2002.
5. Opponents: None
6. Town Council Members Comments/Input:
VOTED to amend the proposed ordinance, as described by the Building Official.
Motion by Councilor William A. Andrews. Seconded by Councilor William E. Gonyea. The vote was unanimous by the six members present. Voting in favor of the motion were Council President Wallace F. Lees, Councilors Jacqueline Zahn, William A. Andrews, Louis Bleiweis, Edward F. Bonczek and William E. Gonyea. Councilor Norman C. Mainville was excused.
7. VOTED to close the public hearing.
Motion by Councilor Jacqueline Zahn. Seconded by Councilor William E. Gonyea. The vote was unanimous by the six members present. Voting in favor of the motion were Council President Wallace F. Lees, Councilors Jacqueline Zahn, William A. Andrews, Louis Bleiweis, Edward F. Bonczek and William E. Gonyea. Councilor Norman C. Mainville was excused.
8. VOTED to adopt the following amendments to the ordinances of the Town of Burrillville:
Motion by Councilor Jacqueline Zahn. Seconded by Councilor William E. Gonyea. The vote was unanimous by the six members present. Voting in favor of the motion were Council President Wallace F. Lees, Councilors Jacqueline Zahn, William A. Andrews, Louis Bleiweis, Edward F. Bonczek and William E. Gonyea. Councilor Norman C. Mainville was excused.
11-5.3 Nonconformance.
A. Legal nonconforming uses. A legal nonconforming use is any use of land or of any structure which was in lawful use at the time of passage of this chapter, but which is not in conformity with this chapter. Legal nonconforming uses include both those nonconforming by use and those nonconforming by dimension.
1. Continuation. Any legal nonconforming use shall be permitted to continue until such time as use is discontinued, destroyed, demolished or changed to another use.
2. Abandonment. If a legal nonconforming use is abandoned, it shall not be allowed to be resumed, and any future use of the building or land must conform to the provisions of this chapter. Abandonment of a nonconforming use shall consist of some overt act, or failure to act, which would lead one to believe that the owner of the nonconforming use neither claims nor retains any interest in continuing the nonconforming use unless said owner can demonstrate an intent not to abandon the use. An involuntary interruption of a nonconforming use, such as by fire or natural catastrophe, does not establish the intent to abandon the nonconforming use. However, if the nonconforming use is halted for a period of one year, the owner of such nonconforming use will be presumed to have abandoned such
nonconforming use, unless such presumption is rebutted by presentation of sufficient evidence of intent not to abandon the use.
3. Reconstruction. If a legal nonconforming use is destroyed by accident or by natural catastrophe, such structure may be restored, provided the total floor space and location on the lot are not altered or increased, and provided that reconstruction of damaged buildings shall commence within 24 months of the date of damage. If such a structure is demolished at the direction of the owner or at the direction of the minimum housing officer or appropriate official, it may not be reestablished, and any future Use of the site or lot must conform to the provisions of this chapter.
Nothing herein shall prevent the performance of normal maintenance work, or work necessary to comply with safety codes, on a legal nonconforming use.
4. Enlargement. The area of a legal nonconforming use shall not be enlarged unless allowed as a variance by the board under the provisions of section 11-4.4(D).
5. Alteration. A legal nonconforming use which is nonconforming by dimension may be altered, but not enlarged, upon a finding by the zoning enforcement officer that such alteration does not constitute an enlargement and there is no change of use. A legal nonconforming use which is nonconforming by use may be altered subject to the issuance of a special use permit provided that the zoning board of review finds:
(a) The alteration does not constitute an enlargement;
(b) The new use is not more nonconforming than the original use;
(c) The proposed alteration is in harmony with the purposes and intent of the comprehensive plan and this zoning ordinance;
(d) The proposed alteration shall service the public convenience; and
(e) The proposed alteration shall not be injurious to the surrounding neighborhood nor create conditions which will be inimical to the public health, safety, morals and general welfare of the community.
B. Substandard Lots of Record.
The Town of Burrillville is primarily a residential community with substantial areas of land that are not serviced by public water and/or public sewer systems. In addition, substantial areas of developed and undeveloped land within the town are located in Aquifer Overlay Zones. In keeping with the land use goals contained in the comprehensive plan, including that to preserve the essential character of the community, and to ensure that future development is compatible with adjoining land uses, the natural environment, community services and existing historic and cultural features, the merger provisions of section 11-5.3 B. hereof shall apply to all areas within the Town of Burrillville. On a district-by-district basis, the following standards shall also apply.
1) Single lot. In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record after the effective date of adoption or amendment of this chapter, notwithstanding limitations imposed by other provisions of this chapter. Such lot must be in separate ownership and not adjacent or abutting with other lots in the same ownership. Such lot shall have a minimum area of 7,500 square feet and minimum width of 75 feet. All yard dimensions of such a lot shall conform to the provisions of the residence R-12 district.
2) Two or more lots
a) Merger of multiple lots of record in non-residential zones. Adjacent lawfully established contiguous unimproved, or unimproved and improved, lots of record in the same ownership, in the HC, GC, VC, GI, and LI zones which have less than the minimum area or frontage requirements shall not be merged together, and may be separately developed, provided however, that such lots must be serviced by both public sewer and water that any such development must meet all dimensional requirements, other than minimum lot area and frontage, of this ordinance. If such lots are not serviced by both public sewer and water, then they shall be deemed to be merged into one lot and shall not be divided except in conformance with all requirements of this ordinance.
b. Merger of multiple lots of record in residential zones. Adjacent lawfully established contiguous unimproved, or improved and unimproved, lots of record in the same ownership in the F-5, F-2 R-40, and R-20 zones which have less than the minimum area or frontage requirements shall be deemed to be merged together as one lot by operation of this ordinance. No portion of said parcel shall be used or transferred in a manner which diminishes compliance with lot frontage or area requirements established by this ordinance. Any such merged lot shall not be divided, except as follows:
i. Any such division shall be deemed to be a subdivision and subject to all requirements of the subdivision and land development regulations of the town, including without limitation, the requirement for planning board approval; and
ii. All such resulting lots must meet all dimensional requirements of the ordinance, except as follows:
· In the F-5 zone, if after subdivision into as many five-acre lots as possible, there remains a lot of 3.75 acres or more, with a minimum frontage of at least 225 feet, it may be created.
· In the F-2 zone, if after subdivision into as many two-acre lots as possible, there remains a lot of 1.5 acres or more, with a minimum frontage of at least 175 feet, it may be created.
· In the R-40 zone, if after subdivision into as many 40,000 square foot lots as possible, there remains a lot of 30,000 square feet or more, with a minimum frontage of at least 150 feet, it may be created.
· In the R-20 zone, if after subdivision into as many 20.000 square foot lots as possible, there remains a lot of 15,000 square feet or more, with a minimum frontage of at least 112.5 feet and the lot can be serviced by the public water and sewer system, it may be created.
Provided however, that the Planning Board shall have the authority to require the subdivider to divide the merged lot into the same number of lots as would be allowed by this subsection, but with the available lot area averaged over all such lots.
Adjacent lawfully established contiguous unimproved, or improved and unimproved lots in the same ownership in the OS and R-12 zones which have less than the minimum area or frontage requirements shall be deemed to be merged together as one lot by operation of this ordinance.
Any such merged lot shall not be divided except as follows:
i. Any such division shall be deemed to be a subdivision and subject to all requirements of the subdivision and land development regulations of the town, including without limitation, the requirement for planning board approval; and
ii. All resulting lots must meet all dimensional requirements of this ordinance, including without limitation, the minimum lot area and frontage requirements.
Adjacent lawfully established contiguous unimproved, or improved and unimproved lots in the same ownership in any Aquifer Overlay Zone which have less than the minimum area or frontage requirements shall be deemed to be merged together as one lot by operation of this ordinance. Any such merged lot shall not be divided except as follows:
i. Any such division shall be deemed to be a subdivision and subject to all requirements of the subdivision and land development regulations of the town, including without limitation, the requirement for planning board approval; and
ii. All such resulting lots must meet all dimensional requirements of the ordinance, except as follows:
· In the A-120 zone, if after subdivision into as many 120,000 square foot lots as possible, there remains a lot of 90,000 square feet or more, with a minimum frontage of only 175 feet, it may be created.
· In the A-100 zone, if after subdivision into as many 100,000 square foot lots as possible, there remains a lot of 75,000 square feet or more, with a minimum frontage of only 162.5 feet, it may be created.
· In the A-80 zone, if after subdivision into as many 80,000 square foot lots as possible, there remains a lot of 60,000 square feet or more, with a minimum frontage of only 150 feet, it may be created.
C. Previously approved lots.
If any such lots are shown on a plat approved by the Chairman of the Burrillville Planning Board, which approval was in writing and recorded in the Office of the Town Clerk subsequent to July 27, 1973, said lots shall not be merged provided that any such lots in a Residential or Farming District which are also in any Aquifer Overlay District shall be serviced by Town Sewer and Water in order to be considered not merged.
This ordinance shall take effect October 1, 2002.
Adopted this 28th day of August 2002
9. VOTED to adjourn at 7:25 p.m.
Motion by Councilor Jacqueline Zahn. Seconded by Councilor William E. Gonyea. The vote was unanimous by the six members present. Voting in favor of the motion were Council President Wallace F. Lees, Councilors Jacqueline Zahn, William A. Andrews, Louis Bleiweis, Edward F. Bonczek and William E. Gonyea. Councilor Norman C. Mainville was excused.
Information relating to the meeting is on file with the record of the minutes. The meeting was taped and the tape is on file with the record of the minutes.
Recorded by
Louise R. Phaneuf, Town Clerk
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