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ZONING BOARD OF REVIEW
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APPLICANT (S): INDUSTRIAL FOUNDATION of BURRILLVILLE
DATE: June 9, 2009
FILE NO: 2009-03
A RESOLUTION GRANTING
A VARIANCE AT L0T: 5
ASSESSOR’S MAP: 178
WHEREAS, a meeting of the Burrillville Zoning Board of Review was held on April 14, 2009, wherein the instant matter was considered.
WHEREAS, INDUSTRIAL FOUNDATION of BURRILLVILLE: Applicant(s), and Industrial Foundation of Burrillville, Owner(s) of property on Clear River Drive/Central Street, in the Village of Mapleville, Town of Burrillville, Assessor’s Map: 178 Lot: 5 in the R-20, A-80 Zoning Districts has/have filed an application for a variance for a minor subdivision. 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 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:
- Bruce Rylah, representative of the Burrillville Industrial Foundation (BIF), testified that the BIF is here this evening to request a variance. Mr. Rylah introduced Scott Gibbs to explain the request.
- Scott Gibbs testified that the BIF is requesting a dimensional variance to allow a sub-division of property owned by the Foundation described as Map 178 Lot 5. The parcel is split by a Zoning District line separating a General Industrial (GI) District and an R-20 Residential District. The portion in the R-20 District is located along Central Street. The lot is also located in an Aquifer A-80 Zone.
- Mr. Gibbs stated that, as a portion of the proposed residential lot was within the A-80 Zone, the dimensional requirements of said Aquifer Zone control. While the proposed lot would comply with the Residential R-20 Zone dimensional requirements for size and width, it will not meet the more stringent requirements of the A-80 Zone. Subsequently, the BIF is requesting relief of forty three thousand, eight hundred and fifteen (43,815) feet for the minimum lot size as well as one hundred forty eight and seven tenths (148.7) feet for the required lot width.
- Mr. Gibbs also noted that the Planning Board has unanimously granted a conditional approval for the sub-division.
- In making note of historical concerns along Central Street of a future access road to service the General Industrial District adjacent to and including the parcel being subdivided, Mr. Gibbs made note that this subdivision would preclude any access from Central Street to the GI District in the rear as the remaining frontage along Central Street that the BIF owns will be included in the proposed residential lot being created. In essence, the two districts will be permanently separated.
- In answer to questions of Board Member John Patriarca, Mr. Gibbs stated that the lot within the GI District has been identified by the Town as a potential future site for the Public Works Department. Access to the site will be from Bronco Highway over Clear River Road. As the Town will be developing the site in the future he is unsure of the future design.
- In answer to a question of Chairman Raymond Cloutier, Mr. Gibbs stated that the residential lot will not be developed by the BIF as they do not develop residential properties. The lot will be sold.
- Norbert Therien, Professional Land Surveyor and Site Planner– National Land Surveyors-Developers, Inc. testified for the BIF regarding his work on the property for the Foundation. Mr. Therien noted that the residential lot has sewer and water access along Central Street. In regards to future development of the parcel by the Town, Mr. Therien noted that, as is the case with any other development, the Town would have to go through the Site Plan Process and get Planning Board approval prior to construction.
- No one from the audience spoke in favor of granting this variance.
- No one from the audience spoke against granting this variance.
- Chairman 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 granting this variance will allow the larger, GI Zoned area of the parcel to be separated from the smaller area that is zoned residential.
- This variance will have no adverse impact on the development upon other land, including the type, intensity, design, and performance of activity as this lot will have public water and sewer available, and as sub-dividing the residential portion of the property from the GI Zoned portion would eliminate any industrial access from Central Street.
- 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.
- That the relief to be granted is the least relief necessary to create this residential lot in an A-80 Zone.
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 relief of forty three thousand, eight hundred and fifteen (43,815) feet for the minimum lot size as well as one hundred forty eight and seven tenths (148.7) feet for the required lot width from Zoning Ordinance 30-202 Aquifer Zoning. George Keeling 2nd the motion. Ken Johnson, Michele Carboni, George Keeling, Raymond Cloutier, and John Patriarca voted to pass the motion with no conditions.
In voting to grant the variance Board Members Ken Johnson noted that the subdivision separating the districts will be good for the Town. Chairman Cloutier also noted that the new lot being created will be conforming with the existing residential properties on Central Street.
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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