ZONING BOARD OF REVIEW
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APPLICANT (S): Daniel Nardelli
DATE: September 11, 2007
FILE NO: 2007-13
A RESOLUTION GRANTING
A VARIANCE AT L0T: 21
ASSESSOR’S MAP: 52
WHEREAS, a meeting of the Burrillville Zoning Board of Review was held on August 14, 2007, wherein the instant matter was considered.
WHEREAS, 2007-13 DANIEL NARDELLI: Applicant(s), and Daniel Nardelli, Owner(s) of property on East Wallum Lake Road, in the Village of Pascoag, Town of Burrillville, Assessor’s Map: 52 Lot: 21 in the F-5 Zoning District has/have filed an application for a variance to build a single family dwelling. Zoning Ordinance 30-153 (4). a & b. Lots containing wetlands.
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 14, 2007 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:
1. Daniel Nardelli, applicant & owner, testified that he was requesting a variance to build a single family dwelling with ISDS (individual septic disposal system) within the wetland buffer. He stated that the septic system would be 100’ from wetlands on the subject property, and 132’ from wetlands on an adjacent property.
2. Mr. Nardelli stated that the proposed 2 story colonial with integral garage would blend well in the neighborhood. The dwelling would have a foundation, the cellar floor would be approximately at existing grade, and the dwelling would have a maximum height of 30’ – 35’.
3. There was no public comment from the audience.
WHEREAS, THE BURRILLVILLE ZONING BOARD OF REVIEW has determined that:
1. 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 applicant is proposing to construct a single family dwelling.
2. This variance will have no adverse impact on the development upon other land, including the type, intensity, design, and performance of activity as ISDS approval from D.E.M. has been obtained.
3. 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.
4. That the relief to be granted is 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 5 – 0 with no conditions.
Ken Johnson made a motion to grant relief of 132’ from wetlands subject to storm flow, and of 100’ from wetlands on the subject property from Zoning Ordinance 30-153 (4) a & b Lots containing wetlands with no conditions. George Keeling 2nd the motion.
Raymond Cloutier, George Keeling, Ed Hochwarter, Jr., Ken Johnson, and John Patriarca all voted to pass the motion and grant the relief as requested.
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 5 –0 with no conditions
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