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ZONING BOARD OF REVIEW
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APPLICANT (S): William O. & Lydia A. Lapierre
DATE: December 8, 2009
FILE NO: 2009-13
A RESOLUTION GRANTING
A VARIANCE AT L0T: 43
ASSESSOR’S MAP: 143
WHEREAS, a meeting of the Burrillville Zoning Board of Review was held on November 10, 2009, wherein the instant matter was considered .
WHEREAS, WILLIAM O. & LYDIA A. LAPIERRE: Applicant(s), and William O. & Lydia A. Lapierre, Owner(s) of property on 63-65 Harrisville Main Street, in the Village of Harrisville, Town of Burrillville, Assessor’s Map: 143 Lot: 43 in the R-12, A-100 Zoning Districts has/have filed an application for a variance to convert a duplex into a 3 unit dwelling. Zoning Ordinance 30-204 Multiunit dwellings.
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, William O. Lapierre testified that his duplex is over 3,500 square feet with each side having over 1,700 square feet of living space.
- He proposed to convert the right side apartment into 2 units, one three bedroom apartment being a little over 1,000 square feet on the first floor and a 1 bedroom apartment, a little over 700 square feet on the second floor. He stated that the right side apartment needed to be upgraded, as no one has lived there in over 25 years. He stated that as he needed to add new wiring, a new furnace, and insulation, he felt this would be the best time to add a 2nd floor dormer with deck for a second egress and divide the apartment into 2 units.
- Mr. Lapierre testified that the building footprint would not be enlarged and that a portion of the back yard, as drawn out in the plot plan included in the application, would provide 6 parking spaces as well as space to turn a car around to avoid backing out of the driveway.
- Mr. Lapierre stated that the lot size of his duplex is 14,760 square feet and that the he was requesting relief of 16,740 lot size requirement from Zoning Ordinance 30-204 which requires a lot size of 15,000 square feet for each of the first two units and an additional 1,500 square feet for an additional 1 bedroom unit.
- Mr. Lapierre testified that the left apartment currently is a 5 bedroom unit which is larger than some ranch style homes in town. He believed it would be difficult for a tenant to heat such a large apartment and that it would be easier to rent out two smaller units.
- There was no public comment from the audience.
- During discussion, Sandra Cooney stated that she felt the applicant was making a reasonable request. Ken Johnson noted that due to affordability and rentability issues, it would be more practical having a 3 bedroom and a 1 bedroom unit instead of a 5 bedroom 1,700 square foot unit. John Patriarca & Sandra Cooney stated that it was good to have the parking extended beyond the driveway and into the back yard. Sandra Cooney added that this proposal was a good idea as the duplex unit has been vacant for over 25 years. Ken Johnson & George Keeling stated that it was a nice house with character. Ken Johnson stated that granting this application would add to the housing stock in town, and that 1 bedroom apartments are difficult to find. Raymond Cloutier stated that granting this application
to create a third apartment was requesting too much relief for the property as there are two units already in existence that do not conform to the lot size requirement for this district. Ed Varin noted that the proposed application would not increase the size of the dwelling.
WHEREAS, THE BURRILLVILLE ZONING BOARD OF REVIEW has determined, based on the testimony presented at the hearing, the observations of four 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 footprint of the existing nonconforming dwelling will not be increased.
- This variance will have no adverse impact on the development upon other land, including the type, intensity, design, and performance of activity as evidenced by the applicant’s plan which provides onsite parking and his testimony to the existing uses on the surrounding properties.
- 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 two dwelling units in the existing footprint of one of the existing units.
WHEREAS, THE BURRILLVILLE ZONING BOARD OF REVIEW has determined, based on the testimony presented at the hearing, the observations of one Board Member 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 property is already non-conforming and granting this application would be increasing the non-conformity by increasing the density of this property.
- This variance will have adverse impact on the development upon other land, including the type, intensity, design, and performance of activity.
- The hardship is not the result of any prior action of the applicant or Owner. It does result primarily from the desire of the Applicant to realize greater financial gain.
- That the relief to be granted is not the least relief necessary.
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 4 – 1 with one condition that.
Ken Johnson made a motion to grant relief from Zoning Ordinance 30-204 #3 of 16,740 square feet of lot size with the one condition that the property not be altered into any additional apartments in the future. Sandra Cooney 2nd the motion. George Keeling, Ken Johnson, John Patriarca and Sandra Cooney all voted to pass the motion with the one condition. Raymond Cloutier voted to deny the motion.
Ken Johnson stated the reason he voted to approve the motion was due to the applicant’s testimony, as the footprint would not be enlarged, and as parking would be added in the rear of the property. George Keeling stated he voted to approve the motion as the apartment, currently uninhabited for over 25 years was deteriorating and he was pleased that the new owner would rehabilitate the unit. Sandra Cooney stated her reason for voting to approve the motion was due to increasing the housing stock in town and due to the condition that no further units would be created in the dwelling. John Patriarca stated that he voted to approve the motion as the footprint of the dwelling would not be increased, and as the parking would be in the rear of the property.
Raymond Cloutier stated that he voted to deny the motion to create an additional apartment at this property. He noted that the duplex already exceeds the density requirements for this district and granting this application would only make the property more nonconforming.
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
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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 4 –1 with one condition
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