ZONING BOARD OF REVIEW
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APPLICANT (S): ANDREW & SUSAN SMITH
DATE: June 9, 2009
FILE NO: 2009-05
A RESOLUTION GRANTING
A VARIANCE AT L0T: 65
ASSESSOR’S MAP: 191
WHEREAS, a meeting of the Burrillville Zoning Board of Review was held on April 14, 2009, wherein the instant matter was considered.
WHEREAS, ANDREW & SUSAN SMITH: Applicant(s), and Andrew & Susan Smith, Owner(s) of property on 32 Shore Road, Pole # 3, in the Village of Pascoag, Town of Burrillville, Assessor’s Map: 191 Lot: 65 in the R-20 Zoning Districts has/have filed an application for a variance to build a deck. 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 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:
- Andrew Smith, owner and applicant, testified that he wishes to construct a deck along the reservoir side of his home. In constructing the deck he would like to extend it along the sides of his home. Due to the elevation constraints on his property, he would use this portion of the deck for access to clean windows and gutters. Mr. Smith testified that the deck side extensions will be no closer to the side lot lines than the residence already is.
- Mr. Smith noted that he has received a Wetland Permit from D.E.M. to construct the deck.
- When questioned by Board Member George Keeling, Mr. Smith stated that there would be enough space between his residence and the side lot line to access the front (water side) yard.
- No one from the audience spoke in favor of granting this variance.
- No one from the audience spoke against granting this variance.
- The Zoning Board Chair, Raymond Cloutier closed the public portion of the hearing.
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 deck on their home 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 as it has been determined that this deck will not impact the neighbors, and as the applicant has obtained a Wetland Permit from D.E.M.
- 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 applicants simply wish to build a deck on the lakeside of their home.
- That the relief to be granted is the least relief necessary as demonstrated by the applicant to the satisfaction of the Zoning Board.
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 a variance for dimensional relief of 12.5 feet rear, 7 feet north side, and 5.5 feet south side. Michele Carboni 2nd the motion. Ken Johnson, Michele Carboni, George Keeling, Raymond Cloutier, and John Patriarca voted to pass the motion with no conditions.
During discussion, the Board noted the construction would make the property safer to utilize. It was also noted that most of the homes in the area have front decks along the reservoir. Also, the applicant has obtained a Wetland Permit from D.E.M.
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 no conditions
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