The above-captioned case had previously been before the Board, and on August 31, 2010, the Pawtucket Fire Marshals Office returned with the Applicant for additional review under old business.  Since the case had not been officially posted, it was determined by the Board to review the matter in subcommittee and place the matter on the docket for the next hearing, September 14, 2010.  Accordingly, the above captioned case was thereupon scheduled for hearing on September 14, 2010 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Preiss, Richard, Walker and Dias were present.  At that time, the initial recommendation of the subcommittee, to allow a ten-foot setback of stored lumber from the residential property line was presented to the full Board.  A motion was made by Commissioner Dias and seconded by Commissioner Richard to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The Board hereby adopts its original findings in file number 080099 as its initial findings of fact in this case.  The Board further finds that the parties were unable to come to an agreement as to the allowable setback of stored lumber from the residential property lines in this case.  The Board further finds that a ten-foot setback of stored lumber from the residential property lines would be appropriate in this case based upon the nature of the storage.  The Board finds that the parties have explored alternative storage possibilities and that imposing such alternatives would create a hardship for the Applicant.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants the Applicant a variance from the setback requirements in order to allow a ten-foot setback of stored lumber from the residential property lines at the cited facility.  In granting this relief, the Board notes that the parties have reviewed many options and that the relief is necessary in order to eliminate a hardship on the Applicant.

STATUS OF DECISION AND APPEAL RIGHTS
	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.  (See: Board Rules and Regulations, section 6-2-17).
	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.  (See: Board Rules and Regulations, section 6-2-18.)  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.  (See: Board Rules and Regulations, section 6-2-19).  
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 change creates a new use or occupancy as outlined in R.I.G.L. 23-28.1-6, all variances granted under the original use or occupancy are void and this facility shall be reviewed under the newly created use or occupancy.  (See: Board Rules and Regulations, section 6-2-20).

The Applicant may appeal the Boards decision within thirty (30) days of the mailing date of this decision by submitting a written appeal of the above subcommittee recommendations to the entire Fire Board for review, pursuant to Board Rule 6-2-9.  The Applicant shall thereupon be scheduled for hearing before the full Board of Appeal & Review.  Commencement of such an action does not operate as an automatic stay of this decision (RIGL 42-35-15(c)).