ZONING BOARD OF REVIEW
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APPLICANT (S): SCOTT & CHRISTINE HAMMOND
DATE: November 13, 2007
FILE NO: 2007-21
A RESOLUTION GRANTING
A VARIANCE AT L0T: 54
ASSESSOR’S MAP: 191
WHEREAS, a meeting of the Burrillville Zoning Board of Review was held on October 9, 2007, wherein the instant matter was considered.
WHEREAS, SCOTT & CHRISTINE HAMMOND: Applicant(s), and Scott & Christine Hammond, Owner(s) of property on 120 Lake Shore Drive, Pole # 7 in the Village of Pascoag, Town of Burrillville, Assessor’s Map: 191 Lot: 54 in the R-20 Zoning District has/have filed an application for a variance to build an addition. Zoning Ordinance 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 October 9, 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. Applicants & owners, Scott & Christine Hammond were sworn in. Mr. Hammond testified that he proposed to build a 20’ x 24’ addition on his house for additional living space. The existing deck and sunroom would be removed and the addition would be located in the same area. He testified that the footprint of the proposed addition would be slightly smaller than the existing deck/sunroom, and would be no closer to the side lot line that the existing deck/sunroom. He requested 6.07 feet side lot line relief.
2. Christine Hammond testified that she hoped to keep a huge tree adjacent to the home. Scott Hammond stated that the addition would have a cellar if there is no problem with ledge when excavating.
3. There was no public comment from the audience.
4. During discussion, George Keeling noted that the proposed addition would match other properties in the neighborhood.
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.
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 footprint of the dwelling will not be increased and as the addition will be no closer to the side lot line than the deck and porch are now.
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 an addition.
4. That the relief to be granted is the least relief necessary to construct an addition.
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 one condition.
George Keeling made a motion to grant the applicant 6.07’ side setback relief from Zoning Ordinance 30-111 Table of dimensional regulations to construct an addition with the one condition that the addition will have gutters and downspouts to control runoff. Michele Carboni 2nd the motion.
George Keeling, Michele Carboni, John Patriarca, Ed Hochwarter, Jr., and Raymond Cloutier voted to pass the motion with the one condition.
George Keeling and Michele Carboni in voting to pass the motion stated that the new footprint would be no larger than the existing dwelling and deck, and the dwelling would be similar to neighboring properties. John Patriarca and Ed Hochwarter, Jr. voted to pass the motion due to there being no change in the footprint of the dwelling. Raymond Cloutier voted to pass the motion due to the addition being an improvement to the property.
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 one condition
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