ZONING BOARD OF REVIEW
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APPLICANT (S): BERNARD & KELLY CROTEAU
DATE: November 5, 2008
FILE NO: 2008-20
A RESOLUTION GRANTING
A VARIANCE AT L0T: 6
ASSESSOR’S MAP: 138
WHEREAS, a meeting of the Burrillville Zoning Board of Review was held on October 14, 2008, wherein the instant matter was considered.
WHEREAS, BERNARD & KELLY CROTEAU: Applicant(s), and Bernard & Kelly Croteau, Owner(s) of property on 575 Wallum Lake Road, Pole # 46-1, in the Village of Pascoag, Town of Burrillville, Assessor’s Map: 138 Lot: 6 in the R-20, A-100 Zoning District has/have filed an application for a variance to build a garage. Zoning Ordinance 30-111 Table of dimensional regulations.
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:
- Bernard Croteau testified that he was seeking 8 feet height relief to build a detached garage 23 feet in height. He testified that he currently utilizes this property as a summer home but was in the process of making this his permanent residence. He noted that his current home has a basement, and that this lakefront home does not have a basement.
- Mr. Croteau stated he plans to install attic trusses to utilize the attic for storage. He stated the garage would be a 2,800 square feet, “L” shaped structure. Mr. Croteau testified that no setback relief would be needed, and added that the property is over 2 acres in size.
- Mr. Croteau testified he would demolish the present garage and place the proposed garage at the same location. He stated that he also needed storage for his boat and his antique car collection.
- David Marcotte, an abutter from 595 Wallum Lake Road, testified that he had absolutely no problem with this application. He noted that he shares a common driveway with the applicant and only himself and one other neighbor would even be able to see the garage.
- 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 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 as it has been determined that this garage will not impact the neighbors.
- 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, with storage above, 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 applicant has demonstrated a need for a garage with storage above.
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 a variance for 8’ height relief for a detached garage from Zoning Ordinance 30-111 Table of dimensional regulations with the one condition that the garage will have gutters and downspouts that terminate in drywells to control runoff. George Keeling 2nd the motion. Michele Carboni, Ed Hochwarter, Jr., George Keeling, Ken Johnson, and Raymond Cloutier all voted to pass the motion with the one condition.
Michele Carboni voted to pass the motion based on testimony provided. Ed Hochwarter, Jr. voted to pass the motion based on testimony provided and as this garage would not interfere with any neighbors due to the size of the property. Ken Johnson voted to pass the motion based on testimony provided, and on the letter provided by D.E.M. stating that they have determined that an Alteration Permit is not required for this project. George Keeling voted to pass the motion based on testimony provided and the location of the garage. Raymond
Cloutier voted to pass the motion as the applicant has demonstrated a need for this size 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
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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:
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APPLICATION GRANTED
Vote 5 –0 with one condition
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