The above captioned case was scheduled for hearing on August 2l, 2001 at l:30 p.m.  At that time a subcommittee of the Board reviewed the Applicants request.  The Subcommittees Recommendation was subsequently approved during an August 28, 2001 full hearing of the Board.  At that time, Chairman Farrell and Commissioners Coutu, Evans, Filippi, Wahlberg, OConnell and Burlingame were present.   A motion was made by Commissioner Coutu and seconded by Commissioner Evans to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDING OF FACT
	
During the August 2l, 2001 hearing on this matter, the Board was advised that the Applicant would be converting this facility to a three- (3) unit residence.  Accordingly, the Applicant would fall outside of the provisions of the State Fire Code.  The Board thereupon determined that the issues before them are moot.

CONCLUSIONS AND VARIANCE REQUESTS

1.	The Board hereby determines that the Applicants application for variance is moot in light of this agreement to convert this facility to a three (3) family unit, at the direction and to the satisfaction of the Pawtucket Fire Marshals Office.

This Decision represents a comprehensive, integrated plan of fire safety for the above-captioned facility under the above-cited use or occupancy.  Accordingly, every variance granted is conditioned upon the Applicants timely and continued compliance with all of the directives of the Board.  Every variance granted is further conditioned upon the continued use or occupancy of this facility under the above-cited classification reviewed by the Board.

Failure of the Applicant to initially comply with the full Decision of the Board, within the stated time frame, shall void all variances granted herein.  In the event of complete, timely and continued compliance with the full Decision of the Board, the above-cited variances shall be deemed to have vested in the above-captioned facility.  As long as this facility is in continued compliance with the full Decision of the Board, the above-cited variances shall remain with this facility in the absence of any change in use or occupancy mandating review under a separate classification of the Fire Code or a revision of the above-cited classification.  Such changes in use or occupancy of this facility, or failure to continually comply with the Boards Decision, shall void all variances granted under the above-cited use or occupancy.  If such changes creates a new use or occupancy as outlined in R.I.G.L. 23-28.l-6, all variances granted under the original use or occupancy are void and this facility shall be reviewed under the newly created use or occupancy.

	The Applicant may appeal the Boards Decision within thirty (30) days of the mailing date of this Decision, by requesting to be reheard before a quorum of the full Board.  Commencement of such an action does not operate as an automatic stay of this Decision.  [RIGL 42-35-l5(c)]