ZONING BOARD OF REVIEW
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APPLICANT (S): Roger & Deborah Duquette
DATE: April 8, 2008
FILE NO: 2008-06
A RESOLUTION GRANTING
A VARIANCE AT L0T: 20
ASSESSOR’S MAP: 245
WHEREAS, a meeting of the Burrillville Zoning Board of Review was held on March 11, 2008, wherein the instant matter was considered.
WHEREAS, ROGER & DEBORAH DUQUETTE: Applicant(s), and Deborah Duquette, Owner(s) of property on 555 Reservoir Road, Pole # 48-49, in the Village of Pascoag, Town of Burrillville, Assessor’s Map: 245 Lot: 20 in the R-20 Zoning District has/have filed an application for a variance to build an attached garage. 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 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;
WHEREAS, the Burrillville Zoning Board of Review finds as a fact that:
1. Deborah Duquette came before the Zoning Board and testified that she wished to construct an attached 2-car garage. She stated they currently have their bedroom in the basement and also need a place to store their boat. She asked Arron Edvardy, Ms. Duquette’s designer, to come before the Zoning Board and explain the proposed garage.
2. Arron Edvardy was sworn in and testified that the applicants wished to construct an attached garage with living space on the 2nd floor for a master bedroom. He noted that the garage would house the applicants’ boat and truck. He added that this is the best location for the garage due to the guard rail on addressStreetReservoir Road and the wetland on the opposite side of the applicants’ house.
3. When questioned by Michele Carboni – Zoning Board Member, Mr. Edvardy stated that the applicants would need to obtain D.E.M. approval.
4. Roger Duquette came before the Zoning Board and testified that he plans to sell one of his two boats, and store the remaining boat as well as his wife’s car in the proposed garage.
5. When questioned by Ken Johnson – Zoning Board Member, Mr. Edvardy stated that the house height is 19’ and the proposed addition would be approximately 23.6’.
6. There was no other public comment from the audience.
7. During Zoning Board discussion, Michele Carboni stated that the proposed garage design would fit well in the neighborhood, and Ken Johnson stated that there has been much development in the area.
WHEREAS, THE BURRILLVILLE ZONING BOARD OF REVIEW has determined that:
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 it has been determined that there has been similar development in the surrounding area.
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 construct an addition on his residential property.
4. That the relief to be granted is the least relief necessary as it has been determined that this is the only reasonable location for the garage sue to site constraints.
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 two conditions.
Ken Johnson made a motion to approve the application for a variance
-Zoning Ordinance 30-111 Table of dimensional regulations, of 7’ side setback relief, as requested in the application with the following two conditions:
1. the addition will have gutters and downspouts that terminate in drywells to control runoff.
2. the applicants obtain D.E.M. approval
Michele Carboni 2nd 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.
John Patriarca stated his reasons for voting to pass the motion were because the applicants propose a beautiful addition and as there was no opposition. Ken Johnson and Michele Carboni stated their reasons for voting to pass the motion were due to testimony given. George Keeling voted to pass the motion stating that there was no opposing testimony, and as the proposed addition would fit well within the waterfront neighborhood.
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:
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APPLICATION GRANTED
Vote 5 –0 with two conditions
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