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WHEREAS, a meeting of the Burrillville Zoning Board of Review was held on August 14, 2007, wherein the instant matter was considered.

WHEREAS, PAUL & NORMA TAUBMAN: Applicant(s), and Paul & Norma Taubman, Owner(s) of property on Wallum Lake Road, in the Village of Pascoag, Town of Burrillville, Assessor’s Map: 34 Lot: 45 has/have filed an application for a variance to build a single family dwelling. Zoning Ordinance 30-153 (3) (4) 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;

1. Attorney Anthony Gallone represented the applicants. He stated that the applicants wish to construct a two bedroom, single family dwelling.

2. Brian P. Thalmann, President of Thalmann Engineering, testified that the subject property is approximately a 4 ½ acres parcel with fresh water wetlands. He stated that the applicants have received D.E.M. ISDS (Individual Septic Disposal System) approval for an Advantex Bottomless Sandfilter system, and a Physical Alteration Permit from D.O.T. for driveway access. He entered Exhibit #1 – the ISDS and a site map of the subject property.

3. Mr. Thalmann testified that the applicants were planning to build a two bedroom home, and that no dimensional reliefs were requested. The applicants need the full 200’ setback relief from the wetlands to the ISDS.

4. Scott P. Rabideau - Wetland Biologist at Natural Resource Services, Inc., testified that the wetlands on the property was delineated in March 2006. He testified that D.E.M. has allowed the applicants to alter 1,600 square feet of the wetland buffer zone for a yard. The Insignificant Alteration Permit is dated August 2006.

5. Mr. Rabideau testified that the proposed 2 bedroom dwelling would have no impact to the function and values of the wetlands.

6. Joseph Lombardo, Professional Land Use Planner, entered Exhibit #2 – a Planning Report. He referenced an aerial map included in Exhibit #2 and stated that the subject lot is in an area of low density residential use. He further stated that the applicants propose to build a modest, 2 bedroom, single family home that would be compatible with the surrounding area.

a. that the hardship was due to the unique character of the land with extensive wetlands

b. that this application was not for further financial gain but for the residential use as anticipated

c. this was the least relief necessary to construct a the two bedroom single family dwelling

8. Mr. Lombardo stated that this would be a low intensity use in an F-5 Zoning District, and that this application was in compliance with the Burrillville Zoning Ordinance & Comprehensive Plan.

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 it has been determined that the proposed single family dwelling on the subject property would be in keeping with the current land use pattern of the area.

2. This variance will have no adverse impact on the development upon other land, including the type, intensity, design, and performance of activity as the applicants have received ISDS approval from D.E.M.

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 as the applicants simply wish to build a single family dwelling on a residential lot.

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 two conditions.

Ken Johnson made a motion to grant relief of 200’ Zoning Ordinance 30-153 (4) a & b Lots containing wetlands with the following conditions:

Raymond Cloutier, Ed Hochwarter, Jr., George Keeling, Ken Johnson, and John Patriarca all voted to pass the motion with the 2 conditions.

George Keeling noted that he voted to pass the motion as the applicants had requested the least relief necessary. Ken Johnson stated that he voted to pass the motion due to the testimony provided. Raymond Cloutier stated that he voted to pass the motion due to all the safeguards put in place for this project.

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.