ZONING BOARD OF REVIEW
________________________________________________________________________
APPLICANT (S): MARK BRIZARD & ROBERT DOYLE
dba MBRD PROPERTIES, LLP
DATE: JUNE 10, 2008
FILE NO: 2008-07
A RESOLUTION GRANTING
A VARIANCE AT L0T: 89
ASSESSOR’S MAP: 209
WHEREAS, a meeting of the Burrillville Zoning Board of Review was held on April 08, 2008 and May 13, 2008, wherein the instant matter was considered.
WHEREAS, MARK BRIZARD & ROBERT DOYLE dba MBRD PROPERTIES, LLP: Applicant(s), and Benjamin H. & Gertrude S. Clardy, Owner(s) of property on Beach Road, in the Village of Pascoag, Town of Burrillville, Assessor’s Map: 209 Lot: 89 in the R-20 Zoning District has/have filed an application for a variance to build a single family dwelling. 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 April 08, 2008 and May 13, 2008 meetings 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. The public hearing opened On April 8, 2008. Applicant Mark Brizard testified, requesting relief to build a single family dwelling on a non-conforming, substandard lot of record with no setback relief needed.
2. He entered Exhibit #1 – a letter from Pascoag Utility District dated February 29, 2008 The letter stated that Pascoag Water Department does service addressStreetBeach Road.
3. He entered Exhibit #2 – a letter from Burrillville Sewer Commission dated February 25, 2008. The letter states that municipal sewers are located within addressStreetBeach Road and appear to abut the lot in question.
4. Mr. Brizard stated that he proposed to build a 24’ x 26’ 1 ½ story dwelling. He stated that no setback reliefs would be needed.
5. Assistant Town Solicitor, Patrick Dougherty noted that the application signature page notes “see death certificate”. Mr. Brizard testified that Benjamin Clardy’s wife, Gertrude has passed away. Mr. Brizard provided a copy of the death certificate of Gertrude Clardy, and Attorney Dougherty asked if the applicant knew what ownership type the deed conveyed. Mr. Brizard provided a copy of the deed. Attorney Dougherty noted that the property ownership is under Clardy Living Trust. Attorney Dougherty recommended to the Zoning Board that the applicants come back next month with the issue of ownership clarified.
6. Mr. Brizard requested this case be continued to the May 13, 2008. George Keeling made a motion to continue Zoning Case 2008-07 to the May 13, 2008 Zoning Hearing, and Michele Carboni 2nd the motion. George Keeling, Michele Carboni, Raymond Cloutier, Ken Johnson, and Ed Hochwarter, Jr. voted to pass the motion. The case was continued to the May 13th hearing.
7. At the May 13, 2008 Zoning Board Hearing, Attorney Patrick Dougherty, assistant Town Solicitor stated that the affidavit provided by the applicant to the Zoning Department on May 12, 2008 resolved any issue of ownership.
8. Applicant Mark Brizard came before the Zoning Board and testified that the lot in question is a non-conforming substandard lot of record that he hoped to build a single family dwelling on.
9. Mr. Brizard stated that he was not seeking any setback relief and noted that he entered exhibits at the April hearing showing that this site has public water and sewer available.
10. Jeff Goulet, an abutter from Map 209 placeLot 93, spoke against the granting of this variance. He entered Exhibit A – a print of two photos of his deck and his current view of the lake. He noted that this dwelling would be in his backyard where he had built a $20,000 deck to enjoy his view of the lake. He noted that there are currently 6 or 7 houses for sale in this neighborhood. He further questioned what was a 1 ½ story dwelling.
11. When extensively questioned by Raymond Cloutier, Zoning Board Chairman, Mr. Goulet stated that he has been enjoying a backyard that has extended beyond his boundary line into the Clardy’s property.
12. Chris Altinian, an abutter from Map 209 Lot 85 noted concerns with the proposed dwelling not being owner occupied, but rather rented out, with the structure looking out of place, and being too large for the area.
13. Kevin Blais, of addressStreet1738 Tarkiln Road, Nasonville, had questions whether this would be a spec house or owner occupied, and if this was a case of hardship.
14. Patricia Altinian, an abutter from Map 209 placeLot 85, testified of concerns that the road may become blocked by parked cars at this new residence, as the applicants would not have sufficient parking if they were to have a party.
15. David Carpentier, an abutter from Map 209 placeLot 81, complained that the lot in question is only 10 to 12 feet off his back steps and that developing this lot would decrease his property value.
16. Paul Provencal, an abutter from Map 209 placeLot 63, testified of issues with traffic & parking, and concerns that the proposed dwelling may be occupied by renters.
17. In response to public questions, Mr. Brizard stated that the height of the proposed dwelling would not exceed zoning limitations. He noted that his partner’s daughter and future husband were expected to purchase the property.
18. There was no other public comment from the audience.
19. Zoning Board Members discussed the case and noted that developing this property would conform with the neighborhood, that a new home in the neighborhood was not expected to decrease area property values, and the applicant plans more parking (as shown on the site plan provided with the application) than many neighboring properties already have. It was noted that the Board would have preferred to see a plan of the proposed dwelling, that a 3 bedroom house would be large on this size lot but that it would fit within all Zoning setbacks. It was also noted that the size of the proposed dwelling would be 24’ x 26’. The Board further
noted they do not have the authority to limit the height of the proposed dwelling as long as the dwelling complies with the Zoning height limitations. They further noted that though an abutter may have enjoyed a view of the lake prior to this proposed development, there would never be a guarantee that all future development would be denied.
20. Attorney Patrick Dougherty, Assistant Town Solicitor noted that non-conforming lots of record exist in many communities, and the Zoning Board cannot simply deny all use of an owners 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.
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 accepted the condition set forth and as the site has public water and sewer available.
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 as no dimensional reliefs were requested.
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 1 condition.
Ken Johnson made a motion to grant 25’ frontage relief and 2,500 square feet minimum lot area from Zoning Ordinance 30-73 (b) (1) Nonconformance with the 1 condition that the dwelling will have gutters and downspouts that terminate in drywells to control runoff.
George Keeling 2nd the motion.
Ed Hochwarter, Jr., Michele Carboni, Ed Hochwarter, Jr., George Keeling, and Raymond Cloutier voted to pass the motion with the 1 condition.
George Keeling stated he voted to pass the motion as developing this property will be in keeping with the area. Michele Carboni stated she voted to pass the motion as this lot is a legal lot of record. Ken Johnson referencing Atty. Patrick Dougherty - Assistance Town Solicitor’s summation, stated this is a legal lot of record and the owner has a right to a use of his property. Ed Hochwarter, Jr. stated that he voted to pass the motion as it is a lot of record though he wished the Zoning Ordinance provided the Zoning Board more control over the size of a proposed dwelling in a congested neighborhood. Raymond Cloutier stated that he voted to pass the motion, though it will be difficult for the neighbors to absorb another house in such a tight neighborhood, and though there are houses for
sale in the area, the applicant still has a right to build a new home.
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 1 condition
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