Welcome to Burrillville, RI

WHEREAS, a meeting of the Burrillville Zoning Board of Review was held on May 13, 2008 herein the instant matter was considered

WHEREAS, ARON & ELIZABETH KERR: Applicant(s), and Aron M. Kerr, Owner(s) of property on 435 Hill Road, in the Village of Pascoag, Town of Burrillville, Assessor’s Map:124 Lot: 3 Pole: 8 in the F-2 Zoning District has/have filed an application for a special use permit to have 3 horses and 2 goats. Zoning Ordinance 30-71. Section 1 Agricultural uses #1.

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 May 13, 2008 meeting after due and public notice as provided under the Burrillville Zoning Ordinance and Rhode Island General Laws;

1. Applicants Aron & Elizabeth Kerr were sworn in. Aron testified that their property is just under the 5 acre requirement to have agricultural animals by right, as they have a 4 ½ acre lot.

2. Elizabeth Kerr testified that the horses would be pets simply for pleasure, and they would not be breeding or boarding horses. She stated that she has a Bachelor’s Degree in Equine Management from PlaceNameplaceJohnson & Wales PlaceTypeUniversity.

3. Mr. Kerr noted that the horse droppings would be converted into compost for their garden, provided to friends, and hauled away if in excess. He added they would do some clearing to the back of their property.

4. Mrs. Kerr stated that the horse riding would be done off site probably on the Douglas Trunkline Trail that goes on for many miles.

5. Daniel Masse, an abutter from Map 124 placeLot 77, testified in favor of the Zoning Board granting this application. He noted that the Kerrs keep their property quite nice.

6. Kevin M. Blais, of addressStreet1738 Tarkiln Road, Nasonville, testified in favor of granting this application noting that it was a reasonable use of the property.

7. Rob Leduc, an abutter from Map 123 placeLot 30, testified that he had no problems with the Zoning Board granting this application, but questioned where the Kerrs would be clearing the land.

8. Ron Woods, Animal Control Officer, stated that he met with the applicants, and walked the property. He testified that their request for 3 horses would fit well in the area. He noted that the applicants should amend the application to also request having 2 goats on the property, noting that goats are great companions for horses.

9. Mr. Kerr stated that they would possibly clear 1 acre, though leaving select trees for shading the paddocks. Raymond Cloutier stated his only concern was in keeping the horse droppings away from the seasonal run-off area on their property. Mr. Kerr confirmed that they would have the paddocks on the other side of the slope.

11. The application was amended to include 2 goats as well as 3 horses. Michele Carboni, Zoning Board Member noted that it is a known fact that goats keep horses calmer.

1. Based on the testimony presented at the hearing, the observations of Board Members in viewing the property and the finding of fact it has been determined that granting this special use permit to have 3 horses and 2 goats 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 applicants have nearly the required acreage to have these animals by right, and as it has been determined that the applicants are capable of keeping their property in good condition.

3. The granting of this special use permit will not result in or create conditions that will be inimical to the public health, safety, and general welfare of the community as Ron Woods – Animal Control Officer testified that he thought that horses would fit well on this site, and as it has been noted by the Zoning Board that Mrs. Kerr is knowledgeable in equine care.

4. The granting of this special use permit will not substantially or permanently injure the appropriate use of the property in the surrounding area or district as the applicants testified the paddock would be away from the seasonal run-off area on their property.

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.

Ed Hochwarter, Jr. made a motion to grant the applicants relief from Zoning Ordinance 30-71 Section 1 Agricultural uses #1 to have 3 horses and 2 goats with no conditions. Michele Carboni 2^nd the motion.

Michele Carboni, George Keeling, Ed Hochwarter, Jr., Ken Johnson, and Raymond Cloutier all voted to approve the motion.

Michele Carboni stated she voted to approve the motion as the horses would be for pets and not for a commercial use. George Keeling voted to pass the motion due to the condition of the property and the testimony provided. Ed Hochwarter, Jr. stated the reason he voted to grant the application was due to the fact that the applicants have nearly enough land to have these animals by right. Ken Johnson stated his reasons for voting to grant the application were due to the testimony provided, Ron Woods – Animal Control Officer’s testimony, and Mrs. Kerrs experience with horses.

NOW, THEREFORE BE IT RESOLVED by the Burrillville Zoning Board of Review that the application as filed by the Applicant is GRANTED with no conditions.