The above-captioned case was scheduled for hearing on April 11, 2006 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Richard, Newbrook, Preiss, Burlingame, Pearson and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Claude LaFlamme of the Cumberland Hill Fire Marshals Office.  A motion was made by Commissioner Preiss and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a November 29, 2005 letter submitted by the Cumberland Hill Fire Marshal's office to the Cumberland Town Planner.  The above November 29, 2005 letter was utilized by the Board, the Applicant and the Cumberland Hill Fire Marshals Office during the April 11, 2006 hearing on this matter.  Accordingly, the Board hereby incorporates the November 29, 2005 letter as its initial findings of fact.  Any modification of the Boards findings, such as correction of a deficiency by the Applicant, shall be noted herein. 
	Any deficiency understood by the Board to have been corrected, which is not so corrected, shall be immediately corrected by the Applicant.  The term approved, as used herein, is understood to mean in accordance with the specific provisions related to the particular subject as are contained in this Code, or as approved in particular by the Authority Having Jurisdiction (State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS
Emergency Response
	1.  The Board hereby directs the Applicant to correct deficiency 1 by providing an approved fire hydrant located at the entrance to this development and an additional fire hydrant located 300 to 400 feet into the complex.  The Board further directs that the section of Flat Street that surrounds the Herrick and White parking lot shall be widened from sixteen (16) feet to twenty (20) feet and that the Applicant shall provide fire lanes on the submitted drawings.  The Board finds that items 2, 3 and 4 are informational in nature, and do not need to be addressed by the Fire Board.

Traffic Flow
	1.  The Board hereby grants a variance from the provisions of NFPA 1141 in order to allow the Applicant to maintain one (1) means of access into this development.
	2.  The Board hereby grants a variance from the provisions of NFPA 1141 in order to allow the Applicant to maintain an unobstructed cul de sac with a diameter of one hundred (100) feet.  In granting this relief, the Board directs the Applicant to eliminate all parking in this area and to further eliminate any and all obstructions of this area including the complete removal of all snow from this area.

Other Comments
	The Board hereby directs the Applicant to bring the cited minimum distance into compliance with the provisions of NFPA 1141 by providing a minimum distance of at least thirty (30) feet at the direction and to the satisfaction of the Cumberland Hill Fire Marshal's office.

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 commencing an action against the State Fire Marshal in the Sixth division of the District Court.  Commencement of such an action does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].