ZONING BOARD OF REVIEW
________________________________________________________________________
APPLICANT (S): Wesley & Jennifer Fullam
DATE: May 13, 2008
FILE NO: 2008-08
A RESOLUTION GRANTING
A VARIANCE AT L0T: 55
ASSESSOR’S MAP: 191
WHEREAS, a meeting of the Burrillville Zoning Board of Review was held on April 8, 2008, wherein the instant matter was considered.
WHEREAS, WESLEY & JENNIFER FULLAM: Applicant(s), and Wesley & Jennifer Fullam, Owner(s) of property on 116 Lakeshore Drive, in the Village of Pascoag, Town of Burrillville, Assessor’s Map: 191 Lot: 55 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 April 8, 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. Wesley Fullam, owner and applicant testified that he was requesting a variance to build an attached two car garage.
2. When questioned why he needed a variance by Zoning Board Chairman Raymond Cloutier, Mr. Fullam noted that there are two sewer easements on his property.
3. Mr. Fullam stated that he needed the garage attached to his house as his heating system is currently outside of his dwelling. He noted that he planned to build a utility room inside the garage for his heating system as that would make the system more energy efficient. When questioned by the Zoning Board, Mr. Fullam stated that there would be storage above the garage.
4. Mr. Fullam stated that the proposed garage would be 27’ x 24’. This addition would match the current dwelling, as he hoped to build the garage to the same dimensions as the house. He added the garage would extend towards the street. Mr. Fullam further noted his neighbors’ view of the lake would not be diminished by lining up the garage with the house.
5. There was no public comment from the audience.
6. During discussion, Raymond Cloutier stated that the relief seemed reasonable. Ed Hochwarter, Jr. noted that structures are close to lot lines in this neighborhood, and that the proposed garage would not decrease visibility from the street any more than the tree that is there now.
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 it has been determined that the proposed attached garage will conform with surrounding properties.
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 simply wishes to build an attached garage in a residential zoning district and as the proposed location for the garage will not diminish his neighbors’ view of the lake.
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 an attached garage and provide indoor storage for his heating system.
4. That the relief to be granted is the least relief necessary as the applicant has demonstrated that due to the sewer easements on the other side of the property this is the only feasible location for the garage, and as the proposed location for the garage will not diminish his neighbors’ view of the lake.
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.
Ken Johnson made a motion to grant the applicant relief from Zoning Ordinance 30 – 111 Table of dimensional regulations as requested and shown on the plan with the one condition that the addition will have gutters and downspouts that terminate in drywells to control runoff. George Keeling 2nd the motion.
Ken Johnson, Ed Hochwarter Jr., Michele Carboni, George Keeling, and Raymond Cloutier all voted to pass the motion and grant the relief as requested with the one condition.
Michele Carboni stated her reason for voting favorably was due to the property having town utilities. Ed Hochwarter, Jr. voted to grant the relief requested due to there being no other place on the property for the garage, as this location is where the applicants currently park their vehicles, and as it will be beneficial for the applicant to location his heating system inside. Ken Johnson noted that he voted to pass the motion as the testimony provided showed that there would be no adverse effects on the surrounding area. Raymond Cloutier stated his reason for voting to grant the requested relief was due to the fact that though this attached garage would be close to the street, it is in an area where many structures are close to the street.
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
| 
