 |
ZONING BOARD OF REVIEW
________________________________________________________________________
APPLICANT (S): NASONVILLE FIRE DISTRICT
DATE: January 12, 2010
FILE NO: 2009-09
A RESOLUTION GRANTING
A VARIANCE AT L0T: 32
ASSESSOR’S MAP: 114
WHEREAS, a meeting of the Burrillville Zoning Board of Review was held on August 11, 2009 & December 8, 2009 wherein the instant matter was considered.
WHEREAS, NASONVILLE FIRE DISTRICT: Applicant(s), and Nasonville Fire District, Owner(s) of property on 2577 Victory Highway, in the Village of Nasonville, Town of Burrillville, Assessor’s Map: 114 Lot: 32 in the R-40, A-100 & 120 Zoning Districts has/have filed an application for a variance for an administrative subdivision. Zoning Ordinance 30-202 Aquifer Zoning.
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 December 8, 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:
- Applicant Gerald Lapierre requested that Erin Gallogly, Project Manager for Marc N. Nyberg & Associates – Professional Land Surveyor testify on his behalf.
- Ms. Gallogly testified that Mr. Lapierre and the Nasonville Fire District were engaged in a land transfer whereas the Fire Station would gain possession of a portion of Mr. Lapierre’s property directly behind the Nasonville Fire Station. She stated that currently the Fire Department has a propane tank on Mr. Lapierre’s property. She added that Mr. Lapierre would gain a portion of the frontage that is currently owned by the Nasonville Fire District.
- Ms. Gallogly testified that the plan was submitted to the Planning Department as an Administrative Subdivision. Her company later noted an error they had made in the plan showing a larger amount of frontage to the Fire Department’s lot than was actually there. Subsequently, they are here in front of the Zoning Board seeking relief from the dimensional requirements for the Overlay District the property is located in, to correct the error. Ms. Gallogly noted that the property transfer was designed to increase the size of the Fire Station lot, in proportion to allow proposed future expansion of the Fire Station taking into consideration lot setbacks as they presently exist.
- When questioned by Raymond Cloutier - Zoning Board Chairman, Ms. Gallogly stated that this parcel conforms to the frontage requirements for the R-40 Zoning District (which is 150 feet), but as it is in the A-120 Aquifer Overlay District (which requires 350 feet) frontage relief is required.
- Edward M. Raposo, of the Nasonville Fire Department, testified that the Fire Department property ends just outside of the rear door of the station. He noted that granting this application would benefit the Fire Department by providing land to store the propane tank, and for future expansion of the station. With the granting of this application, obtaining the portion of Mr. Lapierre’s property to the rear of the station would ensure that future expansion of the fire station could occur without requiring zoning setback relief.
- Mr. Raposo testified that, as stated in the Town Comprehensive Plan, community growth and thus fire protection expansion, is to be expected. He further noted that as call volume increases, the need for more space is required. This additional land will allow expansion of the Fire Station. The portion of the lot being transferred to Mr. Lapierre is of no value to the Fire Department. In summary, Mr. Raposo stated that granting this application will aid the Nasonville Fire District in positioning itself for the future.
- When asked by Chairman Cloutier if anyone in the audience wished to speak in favor or against this variance request, Kevin Blais, of 1738 Tarkiln Road, came forward and began to question the Zoning Board as to what constitutes an Administrative Subdivision and why is the Planning Board calling this a Minor Land Development. Atty. Patrick Dougherty, attempting to address Mr. Blais, stated that his questions should be addressed to the Planning Department and not the Zoning Board.
- Building/Zoning Official Joseph Raymond explained why this application was in front of the Zoning Board as a subdivision requiring zoning relief cannot be addressed as an Administrative Subdivision. The favorable opinion from the Planning Board was requested by the applicant prior to appearing in front of the Zoning Board.
- Mr. Blais questioned Atty. Dougherty with a number of hypothetical questions that Atty. Dougherty suggested were not germane to this case in front of the Zoning Board. He again suggested to Mr. Blais that his questions could be answered by the Planning Department.
- Mr. Blais suggested that perhaps his question is too confusing and went on with another question as to how the property is presently recorded.
- Ms. Gallogly explained that the proposed plan has not been recorded as the error was discovered prior to recording. The applicant is now in front of the Zoning Board seeking the appropriate relief for the plan.
- Chairman Cloutier attempted to give direction to Mr. Blais’ questions and remarks.
- Board Members George Keeling and Ken Johnson questioned the validity of Mr. Blais’ remarks. Mr. Johnson made note to Mr. Blais of the favorable opinion of the Planning board regarding this matter and asked him what his issue is with the proposal.
- Mr. Blais stated that if this plan is approved it will create a non-conforming lot. Mr. Raymond stated that the lots are currently non-conforming.
- Chairman Cloutier made a summation to Mr. Blais and suggested it is up to him to believe or refuse to believe the facts of this case.
- Mr. Blais continued by suggesting that the Nasonville Fire District can take the property it needs by Eminent Domain, or as it has been using the land where the gas tank is for thirty five years, can take the land by Adverse Possession. Mr. Blais gave no evidence to back up these statements.
- Ms. Gallogly stated that both the Nasonville Fire District and Mr. Lapierre are well aware of the existing situation and the Fire District has been allowed to encroach these years with Mr. Lapierre’s permission.
- Mr. Blais countered that the Nasonville Fire District can take property by Eminent Domain. Attorney Dougherty challenged whether this is the case. Chairman Cloutier ended this discussion by stating that whether there are any other alternatives, this is the way the Nasonville Fire District and Mr. Lapierre are choosing to go forward.
- There was no other 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 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 evidenced in the opinion submitted to the Zoning Board from the Planning Board dated November 5, 2009.
- This variance will have no adverse impact on the development upon other land, including the type, intensity, design, and performance of activity as granting this application will create a lot with an increase in total area, said area being adjacent to the existing Fire Station and platted in a manner to allow the Fire District the ability to utilize the site for future development.
- 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 granting this application would not change the status quo of both existing non-conforming lots.
- That the relief to be granted is the least relief necessary to ensure that future expansion of the fire station will occur in a manner conducive to the Town’s goals stated in the Comprehensive Plan.
Ken Johnson made a motion to grant relief of 67.47 ft. of frontage to Map 114 Lot 32, to allow the re-configuration of the two affected lots as identified in the corrective plan for Gerald L. Lapierre and Nasonville Fire District, Plat 114, Lots 27 and 32. Relief is from the requirement of the Zoning Ordinance 30-202(d) Aquifer Zoning for lot width. There were no conditions. George Keeling 2nd the motion.
John Patriarca voted to approve the motion due to the testimony presented. Ken Johnson voted to approve the motion due to the Fire Department’s need for expansion, as it would make the parcel less non-conforming in size, and as it will be in the best interest of the Town and the Village of Nasonville. Michele Carboni stated she voted to approve the motion due to the applicant’s plan being in conformance with the Town Comprehensive Plan. George Keeling stated he voted to approve the motion due to the testimony and as he felt the applicant demonstrated a need for land behind the Fire Station. Raymond Cloutier stated he voted to approve the motion as the granting of this application would be for the betterment of the Town as a whole and Nasonville’s future, as it makes the lot
less non-conforming in size, and as it allows for future expansion of the fire station without the need for setback relief in the future.
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.
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
| |
