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WHEREAS, a meeting of the Burrillville Zoning Board of Review was held on November 13, 2007, wherein the instant matter was considered .

WHEREAS, JOSEPH D. & LORI J. ZAZZA: Applicant(s), and Joseph D. & Lori J. Zazza, Owner(s) of property on 295 Pulaski Road, Pole # 22, in the Village of Nasonville, Town of Burrillville, Assessor’s Map: 132 Lot: 10 in the F-2 Zoning District and A-120 Aquifer Overlay District has/have filed an application for a variance to build a garage. Zoning Ordinance 30-73.(b)(1) Nonconformance.

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 November 13, 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, Joseph D. Zazza, testified that he wished to build a 24’ x 26’ attached garage. He requested 8’ 2” rear setback and 2’ side setback relief.

2. When questioned by the Zoning Board, Mr. Zazza stated that a building permit was issued and the foundation was in place for this project. He testified that there were issues with a past survey that caused the boundary confusion and thus it was brought to his attention that dimensional relief would be needed to continue with construction of the proposed attached garage.

3. Mr. Zazza testified that granting this variance and allowing him to continue building the garage would not change the characteristics of the surrounding area. He further noted that he had no other location for this garage as his leach field is on the other side of his house.

5. During Zoning Board discussion, George Keeling stated that granting this variance would not impact surrounding properties.

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 applicant simply wishes to build an attached garage in a residential zoning district.

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 attached garage on his house.

4. That the relief to be granted is the least relief necessary as the applicant has demonstrated that building the addition to the other side of his house would not be practical as his leach field is situated there.

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.

Due to confusion over whether the applicant was requesting 8 feet 2 inches or 8.2 feet rear setback relief, Ed Hochwarter, Jr. made a motion to approve the application for a variance and grant relief of 8’ 3” rear setback relief and 2’ right side setback relief to build an attached garage – Zoning Ordinance 30-73.(b)(1) Nonconformance with no conditions. George Keeling 2^nd the motion.

John Patriarca, Ed Hochwarter Jr., Michele Carboni, George Keeling, and Raymond Cloutier all voted to pass the motion and grant the relief as requested.

George Keeling stated he voted to pass the motion due to the testimony of the applicant.

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.