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ZONING BOARD OF REVIEW
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APPLICANT (S): JEANNETTE ALFORD
DATE: SEPTEMBER 9, 2008
FILE NO: 2008-15
A RESOLUTION GRANTING
A VARIANCE AT L0T: 95
ASSESSOR’S MAP: 135
WHEREAS, a meeting of the Burrillville Zoning Board of Review was held on August 12, 2008, wherein the instant matter was considered.
WHEREAS, JEANNETTE ALFORD: Applicant(s), and Jeannette Alford, Owner(s) of property on Stag Head Drive, in the Village of Pascoag, Town of Burrillville, Assessor’s Map: 135 Lot: 95 Pole: between 196 & 253 in the F-5 Zoning District has/have filed an application for a variance to build a single family dwelling. Zoning Ordinance 30-73 (b)(1) Non-conformance.
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 meetings 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:
- Norbert Therien, PLS – National Land Surveyors-Developers, Inc., came before the Zoning Board on Ms. Alford’s behalf. He entered Exhibit #1 - Town of Burrillville Assessor’s Card showing that this lot is an existing lot of record purchased by the current owner in 1956.
- Mr. Therien entered Exhibit #2 - a plot map with the applicant’s lot highlighted, and Exhibit #3 – a water table chart of the applicant’s parcel, prepared by Norbert Therien for D.E.M..
- Mr. Therien noted that he believes D.E.M. will be approving the ISDS application now before them as the applicant has proposed a bottomless sandfilter system. He added that the location for this ISDS will fit the clearance of the applicant’s proposed well and all surrounding wells.
- George Keeling, Zoning Board Vice-Chair, questioned if the fence at 196 Stag Head Drive was actually encroaching on the applicant’s property.
- Carol Childress, the applicant’s niece came before the Zoning Board to explain that Mr. Plant’s fence is encroaching onto her aunt’s property. She added that they had communicated regarding his possibly purchasing Ms. Alford’s lot.
- Ms. Childress stated that on numerous occasions they have attempted to reach the abutter regarding the shed he has on Ms. Alford’s property, but that he had never responded back. She had offered to purchase this abutter a new shed to be installed on his own property.
- Sandra Cooney, Zoning Board Auxiliary member, questioned how the proposed 30 feet by 30 feet house could contain 3 bedrooms. Ms. Childress stated that being in real estate, she has seen similar sized houses often sold as starter homes. She concluded that the property had not been visited by her aunt as she was house-bound for many years caring for her sick husband.
- Joseph Raymond, Building Official, stated that what is before the Zoning Board tonight is the applicant’s request. Any land dispute between the applicant and a neighbor would be handled by the courts.
- Patrick Dougherty, Assistant Town Solicitor, reiterated that the encroachment issues are not pertinent to the case currently before the Zoning Board. The only issue for the Zoning Board is the relief of frontage width. The property has sufficient footage of 9,000 square feet.
- Raymond Cloutier, Zoning Board Chair, stated that the application before the Zoning Board is in good faith that they have had the property surveyed. Encroachment is for another court.
- Ms. Childress noted that Mr. Plante’s property at 196 Stag Head Drive has 60 feet of frontage just like her aunt’s property.
- Albert Plante came before the Zoning Board to speak against the granting of this application. He testified that when he purchased his property the real estate agent told him where his property lines were. He added that he was in the process of having his property surveyed and stated he would move his fence according to what both surveyors agreed upon as the true property line.
- Attorney Peter Poulis, representing Mr. Plante, stated that his applicant was concerned that the proposed home on this lot would be too close to his lot line.
- Daniel Poirier of 253 Stag Head Drive came before the Zoning Board to testify against the granting of this application. He stated he had concerns with a house being built on this lot as it would make the houses too close for fire code purposes as there are no fire hydrants in the immediate area.
- Mr. Poirier stated that the shed in question was in existence when he purchased his property. He has used it over the years. When questioned, he stated that he works many hours and has not had an opportunity to respond to Ms. Childress’ offer.
- He added that he is not here to talk about his shed on the applicant’s property but rather on how granting this application would cause a fire hazard in the neighborhood.
- George Keeling stated that he was satisfied with the applicant’s survey of the property.
- Raymond Cloutier added that all that is before the Zoning Board was a variance for relief from lot front width.
- There was no other public comment from the audience.
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 single family dwelling 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 single family dwelling on a residential lot.
- That the relief to be granted is the least relief necessary as no dimensional reliefs are needed.
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 1 condition.
Ed Hochwarter, Jr. made a motion to grant 15’ frontage relief from Zoning Ordinance 30-73 (b) (1) Nonconformance with the 1 condition that the dwelling will have gutters and downspouts that terminate in drywells to control runoff.
Ken Johnson 2nd the motion.
Ed Hochwarter, Jr., Michele Carboni, Ken Johnson, George Keeling, and Raymond Cloutier voted to pass the motion with the 1 condition.
Ken Johnson, George Keeling, and Michele Carboni voted to pass the motion based on the testimony presented. Ed Hochwarter, Jr. voted to pass the motion as the lot is 60 wide, as is others in the area. Raymond Cloutier voted to pass the motion as the applicant has a typical lot in this neighborhood, and as Ms. Alford has owned this lot of record for a long time.
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 1 condition
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