ZONING BOARD OF REVIEW
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APPLICANT (S): RANDLE W. POMEROY
DATE: June 9, 2009
FILE NO: 2009-06
A RESOLUTION GRANTING
A VARIANCE AT L0T: 28
ASSESSOR’S MAP: 140
WHEREAS, a meeting of the Burrillville Zoning Board of Review was held on April 14, 2009, wherein the instant matter was considered.
WHEREAS, RANDLE W. POMEROY: Applicant(s), and Randle W. & Amanda H. Pomeroy, Owner(s) of property on 170 North Road, in the Village of Pascoag, Town of Burrillville, Assessor’s Map: 140 Lot: 28 in the F-2 Zoning Districts 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 h0earing 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:
- Randle W. Pomeroy, applicant and owner, testified that he would like to construct a detached garage on his property. The garage will be approximately 30 ft. x 50 ft. in size. The height of the garage will be 26 feet.
- Mr. Pomeroy stated that he was in the refrigeration business and would like to store his truck in the garage. Someday, he would like to own a back hoe and would also store it there. Mr. Pomeroy would also like to be able to utilize the area in the roof for storage.
- When asked about the site work being undertaken on his property by Chairman Ray Cloutier, Mr. Pomeroy stated that the building is to be constructed in a pine grove at the rear of his property. He is selectively removing the trees for the project.
- When asked if he plans on using the garage for his own vehicles by Board Member John Patriarca, Mr. Pomeroy stated that he wants his own garage for his own use.
- Mr. Pomerty agreed that there will be no use of the building for automotive repairs.
- There was no 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 due to the siting of the proposed garage.
- 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 no conditions.
George Keeling made a motion to grant a variance for 11 ft height relief for a detached garage from Zoning Ordinance 30-111 Table of dimensional regulations with no conditions. Michele Carboni 2nd the motion. Michele Carboni, Ed Hochwarter, Jr., George Keeling, Ken Johnson, and Raymond Cloutier all voted to pass the motion.
The Zoning Board Members discussed the case. They noted that there were no objections heard from the neighbors.
Ken Johnson voted to pass the motion based on the placement of the garage. George Keeling voted to pass the motion as the height of the garage will not be an issue where the garage will be built.
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:
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APPLICATION GRANTED
Vote 5 –0 with no conditions
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