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ZONING BOARD OF REVIEW
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APPLICANT (S): Betty Wilkinson (Bibeault)
DATE: June 9 2009
FILE NO: 2009-07
A RESOLUTION GRANTING
A SPECIAL USE PERMIT AT L0T: 13
ASSESSOR’S MAP: 44
WHEREAS, a meeting of the Burrillville Zoning Board of Review was held on April 14, 2009, wherein the instant matter was considered.
WHEREAS, BETTY WILKINSON (BIBEAULT): Applicant(s), and Betty Wilkinson (Bibeault), Owner(s) of property on 284 Iron Mine Road, in the Village of Nasonville, Town of Burrillville, Assessor’s Map: 44 Lot: 13 in the F-5 Zoning Districts has/have filed an application for a special use permit to have a dog kennel. Zoning Ordinance 30-71 Zoning district uses Section1 #2.
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 April 14, 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:
- Betty Wilkinson (Bibeault, applicant and owner, testified on her behalf. Ms. Wilkinson owns eight Yorkshire Terriers. No dog weighs more than five (5) pounds.
- Ms. Wilkinson submitted pictures she took today (Exhibit one).
- Ms. Wilkinson breeds her dogs. The females have litters of one (1) to three (3) puppies.
- Regarding her treatment of animal waste, she trains her dogs to use “Pee-Pads” which are placed in plastic bags when used, and removed to the rubbish. Dog feces are flushed down her toilet.
- Ms. Wilkinson took some time to explain the procedure in her home with her dogs.
- When asked by Board Chairman Ray Cloutier, how many puppies a year are born, Ms. Wilkinson stated that she has six (6) breedable dogs which she doesn’t breed all the time. Small dogs are in heat less often, a year to eighteen months, she told the Board. She will not over breed her dogs and takes very good care of her dogs. She treats them like family members.
- Ms. Wilkinson explained why she is here in front of the Zoning Board this evening. She believed that another breeder had reported her to the Animal Control Officer. None of her neighbors have ever had any issues with her dogs.
- When asked by Board Member Sandra Cooney, Ms. Wilkinson stated that she will never have more than eight (8) dogs. Her dogs are very demanding and eight is the maximum she believes she can live comfortably with.
- When asked by Chairman Cloutier about her selling process, Ms. Wilkinson stated that she sells her puppies over the internet. Sometimes she also sells on referral.
- When questioned by Board Member George Keeling, Ms. Wilkinson stated that she would never consider boarding dogs at her residence.
- When questioned by Board Member Sandra Cooney as to why she believes she would be denied a Kennel License, Ms. Wilkinson responded that she was concerned that she would be required to put her dogs outside in a kennel structure if she applied for a license.
- Chairman Cloutier reminded all present that the Zoning Board does not grant licenses. Rather, without a Special Use Permit allowing Ms. Wilkinson to have her dogs on her premises, she cannot apply for a Kennel License from the Town Council at all.
- When questioned by Board Member Ed Varin, Ms. Wilkinson testified that Yorkshire Terriers are the only dogs she would ever consider breeding.
- During public comment, Mary Ellen Walker, a neighbor of Ms. Wilkinson, stated that she has never had any issues with her dogs.
- April Bibeault, daughter of Ms. Wilkinson, requested an opportunity to speak after everyone else had made comments.
- Kerry Courtemanche, Deputy Animal Control Officer, stated her concerns:
-i The issue is not what type of dog, rather, it is how many.
-ii Concerned that Ms. Wilkinson does not have enough property width to meet a Council licensing requirement that the kennel structure is to be one hundred (100) feet from each abutting neighbor.
-iii Would this set a precedent for other owners?
- At the request of the Chairman, Attorney Patrick Dougherty, Assistant Town Solicitor, noted that the Zoning Board looks to see if this property meets the criteria for a Special Use Permit. This must be determined before an applicant can request a Kennel License from the Town Council. The issue as to how to address the licensing standards is properly addressed at the License Hearing, not at a Zoning Board Hearing. You cannot set a precedent for the Town Council by hearing an application for a Special Use Permit.
- April Bibeault, daughter of applicant, stated that she hopes that the Board would grant her mother an opportunity to apply for a Kennel License.
- Albert Wilkinson, stated that the property is zoned agricultural although they do not meet the five acre lot size.
- Chairman Cloutier read a letter of approval from the Soderlunds at 344 Iron Mine Road.
- There was no other public comment from the audience. During discussion by the Zoning Board Members, Sandra Cooney stated concern with having eight dogs in one home. George Keeling stated he was at the residence and noted that the grandchildren were louder than the dogs. He stated that he looked at the property and noticed no odor in the home. He added that, though not a dog lover himself, he had no objections. Michele Carboni asked Kerry Courtemanche, Deputy Animal Control Officer if there had been any complaints regarding Ms. Wilkinson’s property and she answered that there were not. Michele Carboni stated concern with Ms. Wilkinson obtaining a Kennel License from the Town Council.
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.
- 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 Ms. Wilkinson’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 2 conditions.
George Keeling 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 following two conditions:
- The maximum number of dogs allowed is eight (8) dogs.
- All the dogs will be Yorkshire Terriers.
Ken Johnson 2nd the motion. George Keeling, Michele Carboni, Raymond Cloutier, Ken Johnson, and John Patriarca all voted to pass the motion with the 2 conditions.
George Keeling voted to pass the motion based on his first hand view of the property and noted that he thought Ms. Wilkinson has a good system for her dogs. Raymond Cloutier voted to pass the motion based on the existing condition of Ms. Wilkinson’s property and as there have been no complaints filed against Ms. Wilkinson.
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 2 conditions
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