ZONING BOARD OF REVIEW
________________________________________________________________________
APPLICANT (S): Gerald Lapierre
DATE: December 8, 2009
FILE NO: 2009-11
A RESOLUTION GRANTING
A VARIANCE AT L0T: 27
ASSESSOR’S MAP: 114
WHEREAS, a meeting of the Burrillville Zoning Board of Review was held on November 10, 2009, wherein the instant matter was considered .
WHEREAS, GERALD LAPIERRE: Applicant(s), and Gerald Lapierre, Owner(s) of property on 673 Douglas Pike, Pole #223, in the Village of Nasonville, Town of Burrillville, Assessor’s Map: 114 Lot: 27 in the R-40, A-120 Zoning Districts has/have filed an application for a variance to build a barn. 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 November 10, 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 & owner, Gerald Lapierre testified that he wished to construct an accessory storage building on his property. He intended to utilize the structure for storage of things he already owns and keeps on his property, as well as a barn for a horse.
- In order to also utilize the loft area for storage such as bales of hay for his horse, he is requesting a variance to increase the height of the building above the maximum fifteen (15) foot limitation. He has found a rustic design for the building that he prefers that would require a variance not to exceed six (6) feet above the limitation.
- Mr. Lapierre noted that he has a corral for horses and as his children are older they would like to again utilize that portion of his property for horses.
- Kevin Blais, of 1738 Tarkiln Road, spoke in favor of the application stating that Mr. Lapierre has a sizable piece of property that he maintains in good condition. Mr. Blais felt it was a good idea on such a nice property.
- Following his favorable statement, Mr. Blais continued with a question to the Zoning Board demanding an explanation from the Board as to what the unique characteristic of the property was that allowed Mr. Lapierre to request a variance from the height restriction. He suggested that Mr. Lapierre could just keep increasing the size of the building or build more structures to get the required amount of storage he needed and did not require relief.
- Chairman Ray Cloutier responded to Mr. Blais. He suggested that Mr. Lapierre is considering the rural characteristics of his property and again as Mr. Blais made note in his statement that, as the application made note that the property is located in an Aquifer Overlay District, it would be more beneficial to the area building one structure with a smaller footprint instead of multiple buildings with a larger footprint. As an example Mr. Cloutier made note of the issue of run-off and storm water management.
- When asked again by Chairman Cloutier, Mr. Blais stated that he has no objection to the plan.
- There was no other public comment from the audience.
- During discussion, Zoning Board Member Ken Johnson noted that the property is much larger than most lots in this district and the placement of the barn is such that it won’t be noticeable from a street. Chairman Cloutier noted that utilizing space in the loft area for a portion of the barn demonstrates a well thought out plan for this property.
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.
- This variance will have no adverse impact on the development upon other land, including the type, intensity, design, and performance of activity based on the situation of the barn on the property.
- 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 barn with loft space storage on an 8 acre parcel.
- That the relief to be granted is the least relief necessary to construct a building to meet the applicant’s needs while taking into consideration other constraints to construction inherent to the property.
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 approve the application for a variance and grant relief of 6’ from the maximum height of an accessory structure in the R-40 Zoning District – Zoning Ordinance 30-111- Table of dimensional regulations. George Keeling 2nd the motion.
Sandra Cooney stated her reasons for approving the application were due to the proposed barn not being visible from the street, that it was a large piece of property, and as it would be an attractive addition to the property. George Keeling, Ken Johnson, John Patriarca all stated they voted to pass the motion due to the testimony the applicant provided. Raymond Cloutier stated he voted to pass the motion due to Mr. Lapierre having a well thought out plan.
Michele Carboni was absent. Sandra Cooney 1st auxiliary voted in Michele Carboni’s absence. Ed Varin, 2nd auxiliary was also present.
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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