ZONING BOARD OF REVIEW
________________________________________________________________________
APPLICANT (S): E. A. McNulty Real Estate Group LLC
DATE: December 11, 2007
FILE NO: 2007-25
A RESOLUTION GRANTING
A VARIANCE AT L0TS: 16, 19, 20
ASSESSOR’S MAP: 143
WHEREAS, a meeting of the Burrillville Zoning Board of Review was held on November 13, 2007, wherein the instant matter was considered.
WHEREAS, E. A. MCNULTY REAL ESTATE GROUP LLC.: Applicant(s), and E. A. McNulty Real Estate Group LLC. Owner(s) of property on Mill Pond Drive, in the Village of Harrisville, Town of Burrillville, Assessor’s Map: 143 Lots: 16, 17, 19, 20 in the R-12 Zoning District has/have filed an application for a variance to modify proposed construction on the site. Zoning Ordinance 30-152 Multiple structures on one lot.
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;
WHEREAS, the Burrillville Zoning Board of Review finds as a fact that:
1. Raymond Cloutier, Zoning Board Chairman, read into the record a letter from the applicants dated November 13, 2007. The letter requested that Map 143 Lot 17 be withdrawn from the application as a foundation is already in the ground for this building.
2. Raymond Cloutier, Zoning Board Chairman, read into the record a memo from Thomas Kravitz, Planning & Economic Development Coordinator stating that this application will in no way harm the intent and purpose of the Comprehensive Plan.
3. Jordan Durham, of E. A. McNulty, testified that they wanted to modify the previously approved plan. He proposed that the plans to construct a 6-unit building on each of two lots be changed to three 2-unit buildings on each lot and the plan to construct a 4-unit building on another lot be changed to two 2-unit buildings. He testified that this change would not be visually noticeable from addressStreetSteere Street.
4. When questioned by Zoning Board Chairman Raymond Cloutier, Mr. Durham testified that each of these proposed 2-unit structures would meet all dimensional setbacks.
5. Kevin Blais, from addressStreetTarkiln Road came before the Zoning Board in favor of granting this application.
6. Roger Labossiere, an abutter from addressStreet11 Mill Pond Drive, testified that he was the first resident of this new development and felt it would be a great improvement for this development.
7. There was no other public comment from the audience.
8. During Zoning Board discussion, George Keeling stated that he was in favor of 2-unit buildings rather than larger buildings and that these 2-unit buildings would look nicer. Ed Hochwarter, Jr. noted that he thought these 2-unit buildings would be good idea.
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 stated in the memo submitted by the Burrillville Planning and Economic Development Coordinator.
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 would be no increase in the number of dwelling units for this development.
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 will build the same number of housing units as previously approved by the Planning Board.
4. That the relief to be granted is the least relief necessary.
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.
George Keeling made a motion to approve the application for a variance and grant relief for multiple two-family structures on three lots – Zoning Ordinance 30-152 Multiple structures on one lot, with no conditions. Michele Carboni 2nd 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.
Raymond Cloutier stated he voted to pass the motion as there would be no increase in density. George Keeling stated he voted to approve the application as it would conform with area dwellings.
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
_____________________________________________
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 no conditions
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