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ZONING BOARD OF REVIEW
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APPLICANT (S): IRENE NOLDA
DATE: February 9, 2010
FILE NO: 2009-15
A RESOLUTION GRANTING
A VARIANCE AT L0T: 9
ASSESSOR’S MAP: 178
WHEREAS, a meeting of the Burrillville Zoning Board of Review was held on December 8, 2009 & January 12, 2010 wherein the instant matter was considered.
WHEREAS, IRENE NOLDA : Applicant(s), and Irene Nolda, Owner(s) of property on 450 Central Street, in the Village of Mapleville, Town of Burrillville, Assessor’s Map: 178 Lot: 9 in the R-20, GI, & A-80, 100, & 120 Zoning Districts has/have filed an application for a variance to subdivide the lot. Zoning Ordinance 30-202 Aquifer Zoning (d).
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 & January 14, 2010 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:
- At the December 08, 2009 Zoning Meeting, the Applicant, Irene Nolda, requested that the hearing be re-scheduled. Michele Carboni made a motion to hear the case on January 12, 2010. George Keeling seconded the motion. The motion was approved unanimously.
- The case was opened on January 12, 2010. At the request of the Applicant, Norbert Therien, PLS Professional Land Surveyor and Site Planner– National Land Surveyors-Developers, Inc. testified on her behalf. Raymond Cloutier, Zoning Board Chair, accepted Exhibit 1 – a document granting Norbert Therien authorization to represent Irene Nolda before the Zoning Board.
- Mr. Therien described the long, rectangular lot owned by Ms. Nolda that is proposed to be divided into two lots. The lot fronts on two separate streets. The portion of the lot fronting along Central Street is located in the R-20 Residential Zoning District. The portion fronting on Clear River Drive is located in the General Industrial District. Presently, Ms. Nolda’s residence is along Central Street. The rear of the property slopes down toward Clear River and is undeveloped. The parcel contains approximately seven acres of land.
- As the sub-division is proposed, the line dividing the parcel will be along the line separating the two zoning districts. The proposed lot along Central Street is also located in an Aquifer A-100 Zoning District, and the remainder fronting on Clear River Drive is in the Aquifer A-120 Zoning District.
- The proposed lots meet the requirements for lots in these districts for size, but require relief for frontage. The residential lot requires 3.05 feet of frontage along Central Street and the industrial lot requires 49.33 feet along Clear River Drive. The Applicant is requesting this relief this evening.
- Mr. Therien made note that no other land on either side of the property was available to purchase to make up the required frontage.
- Mr. Therien noted that the plan has received Preliminary Approval from the Planning Board, with Final Approval subject to Zoning Board approval of this variance request. He entered Exhibit 2, a Site Soil Profile for the portion of the parcel in the GI District approved by the State Department of Environmental Management Office of Water Resources, with a verified water table of eight feet.
- Mr. Therien noted per our Zoning Ordinance 30-202, the maximum waste water flows for a use on the industrial lot would be 1,166 gallons per day, which would be acceptable for an on-site wastewater treatment system. Public water is also available to the lot.
- Prior to development of the industrial site, Mr. Therien stated that the portion of Clear River Drive adjacent to the lot is required to be improved by the Planning Board, to Public Works Department standards. At this point in time there is no specific use being proposed for the property.
- Mr. Cloutier read into the record Exhibit 3 – a letter from the Industrial Foundation of Burrillville dated December 21, 2009 stating support for the granting of this application.
- Mr. Cloutier read into the record Exhibit 4 – a memorandum from Tom Kravitz-Town Planner, supporting the granting of this application.
- There was no other public comment from the audience.
- The Zoning Board Members discussed the case. Raymond Cloutier stated that prior to development, he wanted Clear River Drive improved to Public Works Department standards for the entire width of the applicant’s property. Ken Johnson agreed that prior to development the road across the full length of this property be improved to the Public Works Department standards. George Keeling also agreed with Mr. Cloutier.
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 it was determined by the Zoning Board that developing the land in the GI zoning district that is adjacent to Clear River Drive for industrial purposes, is consistent with the Town’s Comprehensive Plan.
- This variance will have no adverse impact on the development upon other land, including the type, intensity, design, and performance of activity as it will enable future industrial development in the GI Zoning District along Clear River Drive.
- 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 sub-divide the property.
Ken Johnson made a motion to grant relief of 3.05 ft. of frontage for the proposed residential lot on Central Street and 49.33 ft of frontage relief for the proposed lot on Clear River Drive. Relief is from the requirement of the Zoning Ordinance 30-202(d) Aquifer Zoning for lot frontage. There was one condition, that Clear River Drive be improved to the standard of the Public Works Department for the full width of this property, prior to any development on the industrial lot. George Keeling 2nd the motion.
George Keeling and Ken Johnson voted to approve the motion due to the testimony presented. They determined granting this application would benefit the Town. John Patriarca voted to approve the motion due to the condition included in the motion. Michele Carboni voted to approve the motion due to all the reasons stated by fellow Zoning Board Members. Raymond Cloutier voted to approve the motion.
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 one condition.
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 one condition
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