ZONING BOARD OF REVIEW
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APPLICANT (S): Scott Adler
DATE: November 5, 2008
FILE NO: 2008-17
A RESOLUTION GRANTING
A VARIANCE AT L0T: 1
ASSESSOR’S MAP: 113
WHEREAS, a meeting of the Burrillville Zoning Board of Review was held on October 14, 2008, wherein the instant matter was considered.
WHEREAS, SCOTT ADLER: Applicant(s), and Robert D’Amico, Owner(s) of property on Douglas Pike, Pole # 94, in the Village of Nasonville, Town of Burrillville, Assessor’s Map: 113 Lot: 1 in the R-20, F-5, A-100 Zoning District has/have filed an application for a variance and special use permit to build a two-family dwelling. Zoning Ordinance 30-71 Zoning district uses, 30-202 (c) & (d), Aquifer zoning, and 30-153 (1) & (2) Lots containing wetlands. Note: At the October 14, 2008 Zoning Hearing, the applicant revised his application from a two-family to a single family dwelling and thus a special use permit will not be needed.
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 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:
- Brian Thalmann, Registered Professional Engineer, submitted an amended application. He stated that the applicant was now proposing to build a single family dwelling rather than a duplex and thus is only requesting a variance. The plan meets all Zoning requirement but that the parcel consists of more than 40 percent wetlands.
- Mr. Thalmann testified that the dwelling would be serviced by a private well and municipal sewer. The parcel is completely comprised of wetlands and wetland buffer zone. He noted that there was a 21 percent slope to the rear of the property to the river.
- Mr. Thalmann stated the proposed single family dwelling would be 30 feet by 50 feet with a footprint of 1,500 square feet.
- Edward A. Gartland, an abutter from 810 Douglas Pike, stated that he had no objections with a single family dwelling being constructed on this site.
- Aimee Lamarre, an abutter from 12 Dion Drive, questioned the size of the lot and location of the proposed dwelling. Mr. Thalmann answered that the house would be back 60 feet from Douglas Pike pavement, and the lot is 8 acres in size.
- There was no other public comment from the audience.
During discussion, Ed Hochwarter, Jr. stated that it was quite a large lot. John Patriarca stated that the parcel is much larger than it appears. Raymond Cloutier stated that the lot is completely in the wetland buffer zone due to proximity to the river below.
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 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 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 requested.
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 one condition.
Ken Johnson made a motion to grant relief of 12,000’ upland area from 30-153 Lots containing wetlands.(c), with the one condition that the dwelling will have gutters and downspouts that terminate in drywells to control runoff. George Keeling 2nd the motion.
Ken Johnson, Michele Carboni, Ed Hochwarter, Jr., George Keeling, and Raymond Cloutier voted to pass the motion with the one condition.
Ken Johnson stated he voted to pass the motion due to the testimony presented and the reputation of the applicant from other projects in town. George Keeling noted that he voted to pass the motion due to the applicant amending his application and thus requesting to build a single family dwelling and not a duplex. Ed Hochwarter, Jr. stated he voted to pass the motion due to the applicant reducing the request from a duplex to a single family dwelling and as the lot is over 8 acres in size. Raymond Cloutier echoed the above reasons for his voting to pass the motion.
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
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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 one condition
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