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ZONING BOARD OF REVIEW
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APPLICANT (S): ROBERT M. ALVES
DATE: October 9, 2007
FILE NO: 2007-19
A RESOLUTION GRANTING
A VARIANCE AT L0T: 16
ASSESSOR’S MAP: 226
WHEREAS, a meeting of the Burrillville Zoning Board of Review was held on September 11, 2007, wherein the instant matter was considered .
WHEREAS, ROBERT M. ALVES: Applicant(s), and Robert M. Alves, Owner(s) of property on 330 Courthouse Lane in the Village of Pascoag, Town of Burrillville, Assessor’s Map: 226 Lot: 16 in the R-20 Zoning District has/have filed an application for a variance to build an attached garage. Zoning Ordinance 30-111 Table of dimensional regulations and Zoning Ordinance 30-112 #3 Yard exceptions.
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;
WHEREAS, the Burrillville Zoning Board of Review finds as a fact that:
1. Applicant & owner, Robert M. Alves testified that he proposed to build an attached garage in his front yard due to the hardship of his parcel being a waterfront property. He noted that with the septic placement to the right side of his property, this was the only possible location for the proposed garage
2. Mr. Alves noted that with the requested 27’ front setback relief, the corner of the garage would be 3’ from the front property line. He added that the road right-of-way extends seventeen feet beyond the pavement in front of his property.
3. Mr. Alves testified that D.E.M. turned down his proposed ISDS four times, before approving this location on the right side of the property. The previous plan for a three car garage with living space above had been approved last year by the Zoning Board (Resolution 2006-38). He is now coming before the Zoning Board for a one story, two car garage
4. There was no public comment from the audience.
5. During discussion, Raymond Cloutier Zoning Board Chair noted that Mr. Alves’ application was quite thorough. George Keeling noted that his application included 7 letters of support from his neighbors.
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 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 Zoning Ordinance allows for garages to be situated in the front yard on waterfront properties when there is a hardship locating such structures in the side yards, as was demonstrated.
2. This variance will have no adverse impact on the development upon other land, including the type, intensity, design, and performance of activity as there is 17’ distance between the applicant’s front property line and the paved roadway.
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 applicant simply wishes to build a garage on his property.
4. That the relief to be granted is the least relief necessary as the applicant has demonstrated that there is no other suitable location for this garage.
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 27’ front setback relief from Zoning Ordinance 30-111 Table of dimensional regulations to construct an attached garage with the one condition that the garage will have gutters and downspouts to control runoff. Michele Carboni 2nd the motion.
Ken Johnson stated that his reasons for voting to pass the motion was in part due to the letters of approval from Mr. Alves neighbors, that the applicant has removed the existing carport from the Town property (as noted in the previous Zoning Resolution 2006-38), and as there is no other option for the location of this garage. Ed Hochwarter, Jr. stated that his reasons for voting to pass this motion was due to the letters of support from the neighbors and the carport has been taken off the Town property. Ed Hochwarter, Jr. further noted that although the garage will be three feet from the front property line, the road right-of-way extends seventeen feet further to the paved roadway. The roadway is not expected to be widened in that space. Also, the allowed location for the ISDS does not
leave any alternate place for this garage. Michele Carboni, George Keeling, and Raymond Cloutier all noted that they also voted to pass this motion for the above mentioned reasons.
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:
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APPLICATION GRANTED
Vote 5 –0 with no conditions
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