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WHEREAS, a meeting of the Burrillville Zoning Board of Review was held on September 11, 2007, wherein the instant matter was considered .

WHEREAS, GARY A. & KATHERINE A. ROULEAU: Applicant(s), and Gary A. & Katherine A. Rouleau, Owner(s) of property on 1221 Victory Highway, Pole # 242, in the Village of Oakland, Town of Burrillville, Assessor’s Map: 179 Lot: 75 in the R-20 Zoning District & A-120 Aquifer Overlay District has/have filed an application for a variance & special use permit to convert a single family dwelling into a duplex. Zoning Ordinance 30-71 Section 2 #3 Zoning district uses and 30-111 Table of dimensional regulations.

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 September 11, 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. Applicant & owner Gary Rouleau testified that he wished to build an addition and convert his 1 family dwelling into a duplex for his parents to reside in. He stated that a duplex is allowed in R-20 Zoning District by a special use permit.

2. Mr. Rouleau stated that there are a number of duplex homes in the area. He testified that of the eighteen buildings nearest his residence thirteen are duplex, four are single family and there is one four unit multi-family dwelling. He noted that the property closest to his is the four family dwelling. He added that he has the 3^rd largest lot in the area.

3. Mr. Rouleau testified that the property is served by public water and public sewer. He also noted that the buildings in the neighborhood not necessarily comply with the zoning setbacks as the buildings pre-date Zoning. For example, he noted that his abutting neighbor on the right side has a garage 3’ from his property line.

4. When questioned by the Zoning Board, Mr. Rouleau stated that he could not move the proposed addition back due to a right of way behind his home.

5. After Zoning Board discussion, it had been determined that the relief requested in the application was correct and no front setback relief was needed.

6. Richard Nolan an abutter (Map 179 Lot 76) testified that he was in favor of granting the application.

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:

1. That the public convenience and welfare will be substantially served as the additional living unit will increase new housing stock in town.

2. That the granting of this special use permit will be in harmony with the general purpose of this chapter and with the comprehensive plan as it has been determined that there are duplexes in the area and as two family dwellings are allowed in this Zoning District with a special use permit.

3. The granting of this special use permit will not result in or create conditions that will be inimical to the public health, safety, morals and general welfare of the community as the property is serviced by public water and sewer.

4. The granting of this special use permit will not substantially or permanently injure the appropriate use of the property in the surrounding area or district as this use is a residential use.

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.

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 property is serviced by public water and sewer.

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 as the addition can not be situated further back on the property due to a right of way that runs behind the applicant’s house.

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 the applicant a special use permit - Zoning Ordinance 30-71 section 2 #3 Zoning district uses & and grant the applicant a variance - Zoning Ordinance 30-111 Table of dimensional regulations to build an addition and convert a single family dwelling into a duplex homes. George Keeling 2^nd the motion.

Ed Hochwarter, Jr. stated that he voted to pass the motion due to the testimony, and as a majority of the neighborhood is comprised of duplexes. George Keeling stated that he voted to pass the motion due to the testimony presented.

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.