ZONING BOARD OF REVIEW
________________________________________________________________________
APPLICANT (S): ROBERT A. LEDUC
DATE: October 14, 2008
FILE NO: 2008-14
A RESOLUTION GRANTING
A VARIANCE AT L0T: 30
ASSESSOR’S MAP: 123
WHEREAS, a meeting of the Burrillville Zoning Board of Review was held on August 12, 2008 and September 9, 2008, wherein the instant matter was considered.
WHEREAS, ROBERT A. LEDUC: Applicant(s), and Robert A & Kerri L. Leduc, Owner(s) of property on 504 Hill Road, Pole # 7, in the Village of Pascoag, Town of Burrillville, Assessor’s Map: 123 Lot: 30 in the F-2 Zoning District has/have filed an application for a variance to build a two-car garage. Zoning Ordinance 30-73 (b) (1) Nonconformance.
WHEREAS, all members of the Burrillville Zoning Board of Review viewed the property on or before the public hearing;
WHEREAS, the Burrillville Zoning Board of Review held a public hearing on this application at its August 12, 2008 and September 9, 2008 meeting after due and public notice as provided under the Burrillville Zoning Ordinance and Rhode Island General Laws;
WHEREAS, at said hearing all those whom desired to be heard were heard and their testimony recorded;
WHEREAS, the Burrillville Zoning Board of Review finds as a fact that:
- Robert Leduc, applicant and owner, entered Exhibit # 1 – leaching system site plan. He testified that he is proposing to construct a 28 foot by 28 foot garage. He stated he has no shed on his property for storage. He noted that the proposed garage would fit within the15 feet height restriction. He added there is a distance of 8 or 9 feet from his front property line and the road pavement.
- Mr. Leduc stated that he was proposing to build the garage over the ISDS “reserved area”. He added that due to his ISDS being 25 feet from his side lot line he had to move the proposed site of the garage forward towards the street.
- Mr. Leduc stated that he would actually need only 16 feet front setback relief not the 18 feet requested in the application. He would still need 4 feet side setback relief. He stated that there would be no 2nd floor for storage.
- Ken Johnson noted that the applicant could build a shed elsewhere on the property to alleviate his storage problems. Ken further added that a 24 foot by 24 foot garage would still provide storage area. By reducing the size of the garage he could reduce the relief requested.
- Sandra Cooney added that on this property a 28 foot by 28 foot garage would look commercial.
- Raymond Cloutier added that what the applicant was requesting was excessive.
- There was a question as to how constructing the garage in this area might affect the existing and future use of the septic system.
- Joseph Raymond – Building Official suggested the applicant could do more research and present it before the Zoning Board at their next meeting in September.
- Raymond Cloutier added that at the next meeting the applicant could submit a new plan for a smaller garage that would still satisfy his storage needs.
- At this point Attorney Patrick Dougherty, Assistant Town Solicitor suggested the applicant address Zoning Ordinance. 30-34 d#4 and e#2 at the next hearing. The Zoning Board questioned what the required setback was from Mr. Leduc’s septic system and the proposed garage foundation.
- No one from the audience spoke.
- Ken Johnson made a motion to continue this case to September 9th Zoning Board Hearing. Raymond Cloutier 2nd the motion. Michele Carboni voted to pass the motion based on questions brought up at the hearing. Ed Hochwarter, Jr. voted to pass the motion due to the unanswered question of the distance required from an ISDS to a garage foundation. Ken Johnson voted to pass the motion as he needed more information for a sound decision. George Keeling & Raymond Cloutier voted to pass the motion due to the unanswered questions brought up at the hearing.
- At the September 9, 2008 Zoning Board Hearing, Robert Leduc entered Exhibit #2 – a three page document including a site plan for the proposed garage, a letter by Marc N. Nyberg of Nyberg & Associates, Inc – Land Surveyors & Planners, and a letter by Robert Tessier, an abutter from 480 Hill Road.
- Mr. Leduc testified that there is ledge in front and to the right side of his home. He stated his only possible location for the proposed garage would be to the left side of his property in front of his septic system.
- Mr. Leduc noted that he is allowed to be 8 feet from his septic system since his garage slab will be at least 2 feet above the leaching pipe. He stated that he has reduced the size of the proposed garage from 28 feet by 28 feet to 26 feet by 26 feet.
- When questioned by Raymond Cloutier, Ken Johnson noted that 26 feet by 26 feet was reasonable size for a two car garage.
- Mr. Leduc explained that in Exhibit #2 he has two possible locations for his garage. The location marked in black would need no side setback relief and 14 feet 6 inches front setback relief. The location marked in gray would need 4 feet side setback relief and 12 feet 4 inches front setback relief.
- No one from the audience spoke and the public portion of this hearing was closed.
During discussion, Ken Johnson stated that the proposed location for the garage highlighted in gray on the site plan would be the best site as it is further from the street and would need less front setback relief. Ed Hochwarter, Jr. agreed with Ken Johnson.
WHEREAS, THE BURRILLVILLE ZONING BOARD OF REVIEW has determined, based on the testimony presented at the hearing, the observations of the Board Members in viewing the property, and the findings of fact as set forth above:
- That the granting of the requested variance will not alter the general character of the surrounding area or impair the intent or purpose of the Zoning Ordinance or the Comprehensive Plan upon which the Ordinance is based as the applicant is requesting to build a garage in a residential zoning district.
- This variance will have no adverse impact on the development upon other land, including the type, intensity, design, and performance of activity.
- The hardship is not the result of any prior action of the Applicant or Owner and does not result primarily from the desire of the Applicant to realize greater financial gain as the applicant simply wishes to build a garage on a residential lot.
- That the relief to be granted is the least relief necessary as it has been determined by the Zoning Board that this is the best possible location for a garage on Mr. Leduc’s property.
NOW, THEREFORE BE IT RESOLVED by the Burrillville Zoning Board of Review that the application as filed by the Applicant is GRANTED by a vote of 5 – 0 with no conditions.
Ken Johnson made a motion to grant relief of 12 feet 4 inches front setback and 4 feet side setback relief from Zoning Ordinance 30-73 Nonconformance. Ed Hochwarter, Jr. 2nd the motion.
Ken Johnson , Michele Carboni, Ed Hochwarter, Jr., George Keeling, and Raymond Cloutier voted to pass the motion.
George Keeling, Michele Carboni, and Ed Hochwarter, Jr. all voted to pass the motion based on the testimony presented. Ken Johnson voted to pass the motion as the applicant reduced the size of the proposed garage and provided the Zoning Board with more information. Raymond Cloutier voted to pass the motion stating he was satisfied with the proposed site of this garage.
The Zoning Board shall set down a record of findings of fact and shall make its decision in writing. No decision shall be final until it is filed in the Zoning Enforcement Office. All decisions shall be recorded in the land evidence records of the Town.
A variance or special use permit shall expire twelve (12) months from the date of approval by the Board, unless the applicant who has been granted relief obtains a building permit and is actively engaged in the project’s construction, or in case of “use variance” has actually put the subject property to said use.
BY ORDER OF THE BURRILLVILLE ZONING
BOARD OF REVIEW
_____________________________________________
Raymond Cloutier, Chairman
THIS DECISION WILL BE PUBLICLY POSTED IN
A VISIBLE LOCATION IN THE TOWN HALL FOR
A PERIOD OF TWENTY DAYS COMMENCING:
_______________________________________________
APPLICATION GRANTED
Vote 5 –0 with no conditions
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