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ZONING BOARD OF REVIEW
________________________________________________________________________
APPLICANT (S): Mercury Homes, Inc.
DATE: November 5, 2008
FILE NO: 2008-16
A RESOLUTION GRANTING
A VARIANCE AT ASSESSOR’S
MAP: 45 Lot 1 & Map 62 Lot 35
WHEREAS, a meeting of the Burrillville Zoning Board of Review was held on September 9, 2008 & October 14, 2008, wherein the instant matter was considered.
WHEREAS, Mercury Homes, Inc.: Applicant(s), and Mercury Homes, Inc. Owners(s) of property on Mount Pleasant Road, Pole # 86, in the Village of Nasonville, Town of Burrillville, Assessor’s Map: 45 Lot: 1 & Map: 62 Lot: 35 in an F-5 Zoning District has/have filed an application for a variance for a rural residential compound. Zoning Ordinance 30-208 (b)(1) & (3) and (d)(1) Rural residential compounds.
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 September 9, 2008 & October 14, 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:
- This case was continued from the September 9, 2008 where no testimony was given.
- At the October 15, 2008 Zoning Board Hearing, Attorney Eric Brainski represented the applicant. The applicant has submitted plans to the Planning Board to create two Rural Residential Compounds, one each on Assessor’s Map 4 Lot 1 and Assessor’s Map 62 Lot 35. The plans have been completed to Master Plan approval from the Burrillville Planning Board for a two phase Major Land Development.
- Attorney Brainski stated that as part of the review process for the Major Land Development, the preferred access and build-out plan for the two compounds would allow his client to steer his development away from environmentally sensitive areas on both sites by utilizing and improving an existing cart path to access both properties. To maximize the open space for this project, the house lots within both Rural Residential Compounds have been adjusted such that seven houses will be developed on A.P. 45 Lot 1 and three houses on A.P. 62 Lot 35. The applicant is requesting relief from 30-208 (b) 1 + 3 and 30-208 (d) 1 regarding the second phase of the project, the seven house lots on A.P. 45 Lot 1.
- When questioned by Raymond Cloutier – Zoning Board Chairman, Attorney Brainski stated that the public could access the open space by walking up the private road and crossing an easement.
- Brian P. Thalmann – Registered Professional Engineer entered his resume as Exhibit 1. He testified that the property in question has a wetland crossing the property from west to east. He noted that the present plan for developing the applicant’s land came about with focus on maximizing open space, preserving rural character, and reducing the disturbance of wetlands. He testified that this project was going before D.E.M. as a Formal Wetlands project.
- When the concern of ledge on the property was brought up by Raymond Cloutier, Mr. Thalmann stated that he believed each lot could support an Onsite Wastewater Treatment System. He further noted that no retention ponds, just a dry basin would be needed.
- When questioned by Ed Hochwarter, Jr., Zoning Board Member, Mr. Thalmann stated that the applicant would be widening the cart path, which is 12’ to 17’ in wide, as the proposed road would be 22’ wide.
- Mark Peloquin, owner of the abutting parcel Map 11 Lot 2 stated that he was in favor of the Zoning Board granting this application.
- Paul Ethier, an abutter of 514 Mt. Pleasant Road, stated that he was in favor of granting this application but did have water drainage concerns.
- Attorney Brainski stated that a full drainage analysis would be done.
- Mr. Thalmann testified that D.E.M. requires that such a development project can not cause the increase in flow or volume of water discharge off one’s property. He noted that a bridge or bottomless culvert would be built. He added that with the required Formal Wetlands Application, D.E.M. would have a public hearing and all abutters within 200’ radius would be notified.
- Carol Hutnak-Gogolinski, one of the owners of abutting parcel Map 44 Lot 4, came before the Zoning Board to question how people would be able to access the open space.
- With the public portion of the hearing closed, the Zoning Board Members discussed the case. Ed Hochwarter, Jr. noted that these two parcels are large and that there would be a significant amount of land designated for open space. Ken Johnson stated that this project would be positive for the Town as 80 acres would be preserved as open space. Raymond Cloutier stated that this project is sensitive to wetland issues. George Keeling agreed with Raymond Cloutier.
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 overall project will adhere to the Town’s density provisions.
- This variance will have no adverse impact on the development upon other land, including the type, intensity, design, and performance of activity as it has been determined by the Zoning Board that the wetlands will not be affected by granting this application.
- 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 entire project will not exceed 10 units between the two parcels.
- That the relief to be granted is the least relief necessary for the applicant to go forward with this project taking into consideration the intent and purpose of the Ordinance regarding wetland protection, density and open space.
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 approve the application for a variance and grant relief as requested. Ed Hochwarter, Jr. 2nd the motion.
Ken Johnson , Ed Hochwarter Jr., Michele Carboni, George Keeling, and Raymond Cloutier all voted to pass the motion and grant the relief as requested.
George Keeling stated his reason for approval was based on testimony given. Ken Johnson stated his reasons for voting to pass the motion were based on the testimony and as it would benefit the Town to have so much land designated for open space. Ed Hochwarter, Jr. voted to pass the motion as a majority of the applicant’s land is being deeded as open space, and on the favorable review of the Planning Board.
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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