Welcome to Burrillville, RI

WHEREAS, a meeting of the Burrillville Zoning Board of Review was held on April 8, 2008 & May 13, 2008, wherein the instant matter was considered.

WHEREAS, JOHN K. LACE: Applicant(s), and Plymouth McHale LLC, Owner(s) of property on 30 Spring Lane, in the Village of Pascoag, Town of Burrillville, Assessor’s Map: 141 Lot: 40 in the R-12 Zoning District has/have filed an application for a variance to build a single family dwelling. Zoning Ordinance 30-151 (c) Access to state and town highways and roads.

WHEREAS, the Burrillville Zoning Board of Review held a public hearing on this application at its April 8, 2008 & May 13, 2008 meeting after due and public notice as provided under the Burrillville Zoning Ordinance and Rhode Island General Laws;

1. At the April 8, 2008 Zoning Hearing, Zoning Board Members noted not seeing the required sign “variance requested” posted the full 2 weeks prior to the hearing date. The case was continued to the May 13, 2008 Zoning Hearing.

2. At the May 13, 2008 Zoning Hearing, Applicant John K. Lace testified that the only relief he was requesting was from Zoning Ordinance 30-151 (c) Access to state and town highways and roads. Spring Lane is an improved, unaccepted addressStreetTown Road. He noted that the proposed dwelling would meet all dimensional setbacks.

3. Mr. Lace stated that the four required letters from the Police Department, School Bus Transportation Company, Fire Department, and Public Works Department were included in the application. He further noted that the property would be serviced by town water and municipal sewer.

4. Mr. Lace testified that the left half of the existing garage would be torn down to provide 2 parking spaces adjacent to the road, the remainder of the existing structure would be converted into a 1 stall garage, and there would be space for 3 cars in the driveway. He noted that the proposed ranch style house would be situated to the side and rear of the existing garage in a ‘shot gun” position. The dwelling would be 24’ wide and 40’ long.

5. Mr. Lace stated that there would be 7 steps from the roadside parking area to the yard and house level. He stated that the decayed wall would be torn down and 2 sets of pre-cast stairs would be installed. He noted that the proposed dwelling would be 36’ behind the existing wall.

7. Bob Foisy from 64 Spring Lane came before the Board to testify against the granting of this application. He stated concerns with construction vehicles on such a narrow road, and that he feared the road would become blocked.

8. Robert Velez, an abutter from Map 141 placeLot 33, testified of concerns with ledge removal, damage to the road from construction vehicles, runoff ponding at the end of the road, and street congestion due to construction trailers parking on the road.

9. Timothy Reilly, an abutter from Map 141 placeLot 39 shared the same complaints of the two previous neighbors, and added concern of an increase of radon in his basement due to possible fracturing of area ledge during blasting.

10. Raymond Cloutier, Zoning Board Chairman, read into the record letters provided in the application from Cathleen McDonough, Contract Manager for First Student, Colonel Bernard Gannon, Burrillville Police Chief, Chief John DeFusco for Pascoag Fire District, and Richard Bernardo, P.E. Director of the Burrillville Department of Public Works. He noted that Spring Lane received minor maintenance, as well as snow plowing and sanding.

11. John K. Lace addressed the above noted concerns of the neighbors. He noted that dry wells for all gutters would be installed to contain runoff, that only a hydraulic breaker hammer would be utilized, as this is less intrusive and only chips off small pieces of rock. He testified that no drilling or blasting would be done to break up ledge. He noted that any possible damage to the road due to this construction project would be addressed by him. Mr. Lace added that the construction trailer would be backed up into the yard and only there would the equipment be let off the trailer. He further noted that the road would not be blocked as he would schedule only 1 cement truck at a time onsite during the foundation pour.

12. Attorney Patrick Dougherty, Assistant Town Solicitor stated that the jurisdiction of the Zoning Board is limited. He stated that the public has numerous issues not within the Board’s jurisdiction and that the Zoning Board does not have supervisory powers.

13. When Bob Foisy came a second time before the Zoning Board to question what would be his recourse if the road were to get blocked during Mr. Lace’s construction project, he was told that the Police would need to be notified.

14. Timothy Reilly came back before the Board and was told that the proposed dwelling does fit within all the dimensional setbacks and the applicant only needs relief due to Spring Lane being an unaccepted road.

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 site has public water & 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 for the applicant to enjoy a permitted use of his property, and as no dimensional reliefs are 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.

George Keeling made a motion to grant the applicant relief as requested from Zoning Ordinance 30-151 (c) Access to state and town highways and roads with the 1 condition that the dwelling will have gutters and downspouts that terminate in drywells to control runoff.

All Zoning Board Members stated they voted to pass the motion due to the applicant’s testimony. Ed Hochwarter, Jr. also stated he voted to pass the motion due to the four letters provide by the applicant from the Police Department, Fire Department, Public Works Department, and First Student – school transportation company.

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.