ZONING BOARD OF REVIEW
________________________________________________________________________
APPLICANT (S): John Mauro
DATE: February 12, 2008
FILE NO: 2007-27
A RESOLUTION GRANTING
A VARIANCE AT L0T: 3
ASSESSOR’S MAP: 43
WHEREAS, a meeting of the Burrillville Zoning Board of Review was held on December 11, 2007, wherein the instant matter was considered.
WHEREAS, JOHN MAURO: Applicant(s), and John Mauro, Owner(s) of property on Iron Mine Road and Douglas Pike, Poles # 30 & 31, in the Village of Mohegan, Town of Burrillville, Assessor’s Map: 43 Lot: 3 in the F-5 Zoning District has/have filed an application for a variance to build a single family dwelling. Zoning Ordinance 30-153 (4) a Lots containing wetlands.
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 December, 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. John Mauro, applicant & owner, testified that he has obtained D.E.M. and ISDS approvals to build a single family dwelling.
2. Angelo Mike Raimondi – professional land surveyor, soil evaluator and septic designer was accepted as an expert witness. He testified that the applicant wished to build a single family dwelling on a 57 acre parcel. He testified that Mr. Mauro has obtained both I.S.D.S. and D.E.M. approval.
3. Mr. Raimondi testified that the applicant needs relief of 155’ for the distance from I.S.D.S. to fresh water wetlands. Referencing a letter from Natural Resources Services, Inc., Mr. Raimondi noted that though the property is approximately 56% wetlands, the property more than meets the Zoning requirement for the 12,000 square feet upland area.
4. Mr. Raimondi stated that an Elgin Style Septic System would be installed on the property. This is a standard engineered system with corrugated plastic cubes in place of leach fields.
5. Paul G. Legare, an abutter from Map 43 placeLot 6, testified in support of the Zoning Board granting this application.
6. There was no other public comment from the audience.
During discussion, Ken Johnson stated that the applicant owned a nice piece of property.
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 applicant is requesting to build a single family dwelling in a residential zoning district, and as testified, the wetlands will not be disturbed by constructing this dwelling as proposed.
2. This variance will have no adverse impact on the development upon other land, including the type, intensity, design, and performance of activity as it has been determined by the Zoning Board that the wetlands will not be affected by granting this application.
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 single family dwelling on a residential lot.
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 one condition.
Ed Hochwarter, Jr. made a motion to grant relief of 155’ distance from wetlands to I.S.D.S. from Zoning Ordinance 30-153 Lots containing wetlands with the one condition that the dwelling will have gutters and downspouts that terminate in drywells to control runoff. Ken Johnson 2nd the motion.
Ken Johnson, Michele Carboni, Ed Hochwarter, Jr., George Keeling, and Raymond Cloutier voted to pass the motion with the one condition.
Ken Johnson noted that he voted to pass the motion due to the expert testimony. George Keeling voted to pass the motion as the applicant has a 57 acre lot with 44% upland area.
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 one condition
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