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ZONING BOARD OF REVIEW
APPLICANT (S): DENNIS & EDNA PIETTE
DATE: June 14, 2011
FILE NO: 2010-07
A RESOLUTION GRANTING VARIANCE
ASSESSOR’S MAP: 218 LOT: 4
MAP: 219 LOT: 1 & Map: 237 Lot: 5
WHEREAS, a meeting of the Burrillville Zoning Board of Review was held on August 10, 2010, wherein the instant matter was considered.
WHEREAS, DENNIS & EDNA PIETTE: Applicant(s), and Dennis & Edna Piette, Owner(s) of property on Log Road, in the Village of Tarkiln, Town of Burrillville, Assessor’s Map: 218 Lot: 4, Map: 219 Lot: 1, and Map: 237 Lot: 5 in the F-5, A-80 Zoning Districts has/have filed an application for a variance for a rural residential compound. Zoning Ordinance 30-208 (b)(3) & (d)(1) Rural residential compounds.
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 August 10, 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:
- Attorney Eric Brainsky represented the applicants. He stated that the application was for a Rural Residential Compound (RRC) involving approximately 75 acres of land between Log Road and Colwell Road. The RRC would include restoration of a gravel bank for open space, and creation of 6 residential lots. Phase I would involve the creation of an approximately 20 acre residential lot for a single family dwelling with driveway access from North Smithfield.
- Phase II would create 5 approximately 2 acre lots and designated open space. Attorney Brainsky stated that this project has been before the Planning Board since 2008. He noted their favorable response toward creating 6 lots for a RRC and designated open space acreage.
- Attorney Brainsky stated that the applicants wanted to include the lot with frontage in North Smithfield in the RRC. If not, they could request a variance for frontage relief for this one lot, and develop 5 residential lots as part of the RRC. He added that he has spoken with the North Smithfield Building Official and is confident they would be able to obtain a Driveway Permit for the Phase I lot.
- Attorney Brainsky submitted Exhibit 1 – Marc Nyberg’s resume. Mr. Nyberg, a Registered Land Surveyor, was accepted as an expert witness. He testified that the property has an existing roadway that trucks utilize to remove gravel from the property. He noted that the lot has frontage in both North Smithfield and Burrillville.
- Mr. Nyberg stated that the applicant could build a 3,000 foot paved public road and then, rather than develop 6 house lots in a RRC, create 9 house lots that would comply with Zoning. If so, this road would be a Town Road and the Town would be required to plow and maintain it. With the proposed RRC, a 20’ wide gravel road 1,000 feet long would be created by the applicant and maintained by the Homeowners’ Association. He added that this development is consistent with the surrounding neighborhood. He stated that the hardship is due to the unique characteristics of the property as lot 1 is split by the Burrillville/North Smithfield town line.
- When questioned by the Zoning Board, Attorney Brainsky stated that accessibility of the RRC by school buses and safety vehicles would be covered by the Planning Board at the next phase of review. He added that the Town usually has the homeowners association collectively own the open space. He noted that D.E.M. has approved the I.S.D.S. design for the Phase I single dwelling.
- Raymond Cloutier, Zoning Board Chairman questioned Attorney Brainsky if the project would have at least 50% of the property designated as open space, as required in the Zoning Ordinance. Attorney Brainsky agreed that his clients are not requesting any other variance than stated in the application, and the project will comply with the applicable sections of the Ordinance.
- When questioned by Mr. Cloutier, Mr. Nyberg agreed that it would take considerable work to rehabilitate the sand and gravel pit in the open space area. Mr. Nyberg noted that the hill in the proposed open space area adjacent to the Woonsocket Sportsman’s Club would not be removed.
- When questioned by Mr. Cloutier, Attorney Brainsky agreed, on behalf of his clients, to the following stipulations:
- No more material will be taken off site until the project is completed
- More material may be brought onto the site if necessary
- The hill, which is in the designated open space area, will remain as a buffer between this RRC and the Woonsocket Sportman’s Club’s rifle range for safety purposes
- All remedial work be completed for rehabilitation of the open space area prior to the Certificate of Occupancy being issued for any of the dwellings.
- Mr. Cloutier read into the record the Burrillville Planning Board - Findings of Fact & Decision conditions (recorded on May 27, 2009) as follows:
- Preliminary plan submission contain the radius warning signs
There be wooden guardrails on both sides of the entrance
There be a water cistern for fire protection
Access to the open space would be between proposed Lots 4 & 5
The monitoring well on the property be permanently sealed
- The driveway access from North Smithfield to Lot 1 be shown on the plan
- Attorney Brainsky agreed, on behalf of his clients, to comply with the Planning Board’s conditions as stated in their Findings of Fact & Decision recorded on May 27, 2009.
- Lorraine Pennington, from 434 Colwell Road, came before the Zoning Board questioning the location of the open space access.
- There was no other public comment from the audience and the public portion of this hearing was closed.
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 this RRC would have less impact on Town services than a 3,000 foot long public road with 9 residential lots.
- 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 would allow for the restoration of the gravel pit and designate land for open space.
- 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 hardship is due to the unique characteristics of the property as a portion of the property has frontage in North Smithfield and wetlands bar access to the proposed lot through Burrillville.
- That the relief to be granted is the least relief necessary to utilize the property which is straddled between North Smithfield and Burrillville, has wetland constraints, and contains a sand and gravel pit.
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 5 conditions.
Ken Johnson made a motion to grant the applicant relief from Zoning Ordinance 30-208 (b)(3) & (d)(1) Rural Residential Compounds from the maximum limit of 5 residential lots to allow an additional residential lot with the following 5 conditions:
No further material, including but not limited to sand, gravel and loam, shall be removed from the property until the entire project, (the 6 dwellings and open space remediation), is completed.
All remediation work shall be completed prior to any Certificate of Occupancy being issued.
The applicants shall work with the Woonsocket Sportsman’s Club and the Burrillville Planning Board to address all safety concerns including but not limited to those relating to the topography and the existing hill shall remain as a safety buffer between this development and the Woonsocket Sportsman Club.
The Planning Department shall have the final say as to whether any material excavated from the site may be utilized in the remedial work for the open space.
That this project shall conform to all Rural Residential Compound regulations with the exception of allowing a 6th residential lot to be created.
George Keeling 2nd the motion. John Patriarca, Michele Carboni, George Keeling, Ken Johnson, and Raymond Cloutier all voted to approve the motion and grant the relief as requested with the 5 conditions.
Ken Johnson, Michele Carboni, John Patriarca, and George Keeling each stated their reasons for voting to pass the motion were based on the testimony given and the conditions imposed. Raymond Cloutier stated his reason for voting to pass the motion was that he believed this was a reasonable request for relief.
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 5 conditions
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