ZONING BOARD OF REVIEW
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APPLICANT (S): TOWN OF BURRILLVILLE
DATE: April 14, 2009
FILE NO: 2009-02
A RESOLUTION GRANTING
A VARIANCE AT L0T: 50
ASSESSOR’S MAP: 162
WHEREAS, a meeting of the Burrillville Zoning Board of Review was held on February 10, 2009, wherein the instant matter was considered.
WHEREAS, TOWN OF BURRILLVILLE: Applicant(s), and Town of Burrillville, Owner(s) of property on 1477 Victory Highway, Pole # 212, in the Village of Oakland, Town of Burrillville, Assessor’s Map: 162 Lot: 50 in the VC, A-100 Zoning Districts has/have filed an application for a variance to build an addition. Zoning Ordinance 30-202 (d) Lot dimensional requirements.
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 February 10, 2009 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:
- Mark Saccoccio of Saccoccio & Associates, Inc Architects testified before the Zoning Board. He entered Exhibit 1 – Building and Site Information packet.
- Mr. Saccoccio testified that, at its closest point, the proposed addition would be 27.92 feet from the front property line. As the front setback on the property is forty feet, the Town is requesting relief of 12.08 feet. He noted that only front dimensional relief was requested.
- Mr. Saccoccio testified that the proposed addition would be approximately 4,800 square feet with finished space in the basement level. The first floor would comprise office space and a community room. The lower level would incorporate space for the Emergency Management Agency office, as well as work out area and storage. The Municipal Court will be utilizing the community room.
- In response to questioning by Raymond Cloutier – Zoning Board Chairperson, Mr. Saccoccio stated that the proposed addition needed to be positioned more forward than the existing building due to the incorporation of the roof structure and the proposed common entry points between the Police Station and the lobby to the community room.
- When questioned by Ken Johnson – Zoning Board Member, Mr. Saccoccio stated that the addition was closer to the street due to access issues.
- There was no public comment from the audience.
WHEREAS, THE BURRILLVILLE ZONING BOARD OF REVIEW has determined that:
- 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 only relief requested is front setback dimensional relief.
- This variance will have no adverse impact on the development upon other land, including the type, intensity, design, and performance of activity as demonstrated by the site plan of the existing and proposed use of the property.
- 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. Rather, if it were not approved, the Town would incur more than a mere inconvenience in creating additional space to be utilized by the Police Department.
- That the relief to be granted is the least relief necessary for the Town to enjoy a permitted use of this property, already dedicated to public safety.
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
-Zoning Ordinance 30-202 (d) Lot dimensional requirements for 12’ front setback relief with no conditions.
George Keeling 2nd the motion.
John Patriarca, Ken Johnson, Michele Carboni, George Keeling, and Raymond Cloutier all voted to approve the motion and grant the relief as requested.
Raymond Cloutier stated his reason for voting to approve the motion was due to the applicant demonstrating a need for this addition and the location of the addition extending closer to the road than the existing structure. Michele Carboni stated she voted to approve the motion due to the applicant demonstrating a need for this addition. George Keeling stated he voted to approve the motion due to the need for additional space at the Police Station and that it would be good for Municipal Court to utilize the community room. John Patriarca stated that it would be a nice addition, and much needed.
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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