ZONING BOARD OF REVIEW
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APPLICANT (S): LAWRENCE G. DESORMIER, JR.
DATE: November 5, 2008
FILE NO: 2008-22
A RESOLUTION GRANTING
A SPECIAL USE PERMIT L0T: 40
ASSESSOR’S MAP: 157
WHEREAS, a meeting of the Burrillville Zoning Board of Review was held on October 14, 2008, wherein the instant matter was considered .
WHEREAS, LAWRENCE G. DESORMIER, JR.: Applicant(s), and Lawrence G. Desormier, Jr., Owner(s) of property on 248-250 Church Street, in the Village of Pascoag, Town of Burrillville, Assessor’s Map: 157 Lot: 40 in the R-12 & A-80 Zoning District has/have filed an application for a special use permit to alter the non-conforming use of the property. Zoning Ordinance 30-73(a-c) Nonconformance & 30-34(e) Zoning board of review.
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:
- Lawrence G. Desormier, Jr., applicant & owner, testified that this lot has two structures on it, a 3-family dwelling to the front of the property, and a duplex to the rear of the property. He testified that the duplex, which is approximately 200 years old, is in disrepair.
- Mr. Desormier stated that he is before the Zoning Board to obtain a special use permit to demolish the duplex and replace it with a new 28’ x 58’ ranch style duplex in the same location.
- Mr. Desormier made note that the new unit will not constitute an enlargement. The actual footprint of the new structure will be one hundred square feet smaller than the existing structure
- Mr. Desormier stated that this use will be the same as the existing use of the residence being demolished; a duplex residence. He made note that 2 family units are an allowed use in the R-12 Zoning District.
- Mr. Desormier testified that the alteration will not create conditions that will be inimical to the public health, safety, morals and general welfare. The project will consist of a structure that is dimensionally more conforming than the original structure and the use will not change.
- Patrick Dougherty, Assistant Town Solicitor spoke of the criteria for a special use permit. In this instance, the Zoning Board must also find under 30-73(a)(5) that the applicant has demonstrated, to the Board’s satisfaction, compliance with these conditions.
- There was no public comment from the audience.
- During Zoning Board discussion, George Keeling noted that granting this application would be an improvement to the Town as it would be ridding the Town of an eyesore, and that single level housing would be beneficial to elderly renters. Ed Hochwarter, Jr. stated that the Town would benefit from two new apartment units.
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 constructing this new two family dwelling will increase new housing stock in town.
- That the granting of this special use permit will be in harmony with the general purpose of this chapter and with the comprehensive plans as this proposed ranch style duplex will have a smaller footprint than the existing structure.
- 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 the applicant simply wishes to replace an old duplex with a new duplex.
- 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 the current use will not be changed.
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 grant the applicant a special use permit Zoning Ordinance 30-73.5 (a-e) to demolish the existing duplex and build a new ranch style duplex with a reduced footprint. There were no conditions. Ed Hochwarter, Jr. 2nd the motion. Michele Carboni, Ken Johnson, George Keeling, Ed Hochwarter, Jr., and Raymond Cloutier all voted to pass the motion.
Michele Carboni stated she voted to pass the motion due to the testimony provided. Ken Johnson stated he voted to pass the motion due to the testimony provided, and due it increasing the new housing stock in town. George Keeling and Ed Hochwarter, Jr. voted to pass the motion as current duplex will be replaced with a new duplex. Raymond Cloutier echoed the above reasons for voting to pass this motion and added that granted this special use permit would increase the affordable housing stock in Town.
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 no conditions
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