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ZONING BOARD OF REVIEW
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APPLICANT (S): LYNN MARCOTTE
DATE: November 5, 2008
FILE NO: 2008-21
A RESOLUTION GRANTING
A SPECIAL USE PERMIT AT L0T: 28
ASSESSOR’S MAP: 181
WHEREAS, a meeting of the Burrillville Zoning Board of Review was held on October 14, 2008, wherein the instant matter was considered.
WHEREAS, LYNN MARCOTTE: Applicant(s), and Lynn & Roger Marcotte, Owner(s) of property on 155 Barnes Road, Pole # 40K & 65-1, in the Village of Nasonville, Town of Burrillville, Assessor’s Map: 181 Lot: 28 in the F-5 & A-80 Zoning District has/have filed an application for a special use permit to have a kennel. Zoning Ordinance 30-71 Zoning district uses.
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:
- Lynn Marcotte, applicant and owner, testified that she was requesting a special use permit for a dog kennel to board up to 30 dogs, including her 3 dogs, on her 34 acre parcel. She noted that she would board other pets as well, but that a special use permit was only required for the dogs. The kennel would be situated approximately 1,100 feet from Barnes Road, Tarkiln Road, and Snake Hill Road and approximately 300 feet from the abutter to the right.
- Raymond Cloutier, Zoning Board Chairman, stated that he met with Ron Woods, Animal Control Officer, and Mr. Woods’ concern was with waste disposal.
- Mrs. Marcotte entered Exhibit I – a drawing of her proposed kennel. She testified that there would be a trench system, both outside and inside the kennel and the dog waste would be hosed into a septic system that would be pumped out as needed. She explained that there would be 22 kennels in the structure with individual outside runs. She stated the kennel would be 66’ long and 50’ wide with an office 24’ x 16’. She added that each outdoor run would have an individual door to keep any dog inside if necessary and all runs would have a roof above.
- In response to questions by the Zoning Board, Mrs. Marcotte testified that she would not be involved in dog breeding. She noted that the kennels would have central heating and air conditioning, and that carbon monoxide and fire alarms would be wired to sound in the house.
- Margaret Osborne, an abutter of 840 Snake Hill Road, testified she was concerned with the noise from dogs barking.
- Kenneth T. Osborne, an abutter of 840 Snake Hill Road, testified of concerns with noise from the dogs barking, with impact on property values, and with this being a commercial venture. He stated he would not be opposed to the granting of this application if the request was for 5 or 6 dogs.
- In response to the concern of the abutters, Mrs. Marcotte stated that her property is thickly wooded and that the kennel, being in the center of her 34 acre parcel, would be located in a gully surrounded by hills to diminish sound from traveling.
- Mrs. Marcotte’s husband, Roger Marcotte testified that he would construct the kennel with insulated cement blocks approximately 4’ high, then would go up the wall and the ceiling with a sound deadening product. He noted that each kennel would be separated by these walls.
- There was no other public comment from the audience. During Zoning Board discussion, Sandra Cooney, Zoning Board 2nd Auxiliary Member, stated the applicant is conscientiously addressing the noise issue.
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 public convenience and welfare will be substantially served as Mrs. Marcotte would be providing boarding services to the public.
- That the granting of this special use permit will be in harmony with the general purpose of this chapter and with the comprehensive plan as kennels are allowed by special use permit in this zoning district.
- That the granting of this special use permit will not result in or create conditions that will be inimical to the public health, safety, morals and general welfare of the community as evidenced by Mr. Marcotte’s testimony regarding animal waste treatment.
- That the granting of this special use permit will not substantially or permanently injure the appropriate use of the property in the surrounding area or district as F-5 Farming/Residential Zoning District is a district where kennels are allowed by special use.
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 that a special use permit be granted for a dog kennel– Zoning Ordinance 30-71 Section 1 #2 - Zoning district uses with the condition that each kennel must be constructed with insulated cement blocks to approximately 4’ height, then the upper wall and ceiling must be constructed with a sound deadening product.
George Keeling 2nd the motion.
Michele Carboni, George Keeling, Ed Hochwarter Jr., Ken Johnson, and Raymond Cloutier all voted to pass the motion with 1 condition.
George Keeling voted to pass the motion based on the testimony and due to the construction condition included in the motion. Ken Johnson stated he voted to pass the motion due to the testimony provided, and as the kennel would be centrally located on a 34 acre parcel. Ed Hochwarter, Jr. stated he voted to pass the motion due to the construction condition and that the kennel would be located in the center of her property. Michele Carboni stated she voted to pass the motion based on the size of the applicant’s lot and the construction condition. Raymond Cloutier stated he voted to pass the motion as the applicant is in agreement with the one condition, as she must still go before the Town Council for a kennel license, due to the immaculate condition on the applicant’s property,
due to how well her personal dogs are taken care of, and as Ron Woods, A.C.O. had no objections.
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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