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WHEREAS, a meeting of the Burrillville Zoning Board of Review was held on March 11, 2008, wherein the instant matter was considered.

WHEREAS, DONALD F. & ELLEN FOISY: Applicant(s), and Donald F. & Ellen Foisy, Owner(s) of property on 74 Maple Leaf Road, in the Village of Glendale, Town of Burrillville, Assessor’s Map: 130 Lot: 44 in the F-5 Zoning District has/have filed an application for a variance to build an attached 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 March 11, 2008 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. Donald Foisy came before the Zoning Board and testified that he wished to construct a 24’ wide by 22’ deep attached 2-car garage. He stated the garage would be at his side entrance, and that he needed 7’ side setback relief. He noted that he needed this garage as he and his wife have a 6 week old baby and he wants the garage so his wife can park her car in it and directly enter the house with their baby. He noted that the second bay would be used for storage.

2. When questioned by Raymond Cloutier – Zoning Board Chairman, Mr. Foisy stated that the temporary canvas garage would be removed from the property when the new garage is constructed.

3. When questioned by John Patriarca – Zoning Board Member, Mr. Foisy stated that the height of the proposed garage would not exceed the height of the house.

4. Amy Esposito, an abutter from addressStreet63 Maple Leaf Road, testified in favor of the granting of this application.

5. A letter by Kevin M. and William Hoffman, an abutter from addressStreet75 Maple Leaf Road, was read into the record by Raymond Cloutier, stating that they were in support of this application.

6. Ken Johnson – Zoning Board Member, stated that the Foisy’s have no garage now, that there was an old garage on site that had been demolished previously, that the proposed garage would be in the same area as the previous one, and that the surrounding properties have garages close to side lot lines.

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 Board noted the small lot sizes in the neighborhood, making it inconvenient to construct assessory structures.

2. This variance will have no adverse impact on the development upon other land, including the type, intensity, design, and performance of activity.

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 it has been determined that an old garage was situated in the same area and the applicant just wishes to replace it with a new garage no closer to the side lot line.

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 condition.

-Zoning Ordinance 30-73 Nonconformance, for 7’ side setback relief, as requested in the application. Michele Carboni 2^nd the motion.

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

Raymond Cloutier stated one reason for voting to pass the motion was because the applicant demonstrated a need for the garage. Ken Johnson stated that as the previous garage was at the same distance to the property line as the proposed garage, and as they were not asking for more relief, he voted to pass the motion. John Patriarca stated that he voted to pass the motion as the proposed garage would be a nice addition to the house.

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.