Assembly of God Church v. Zoning Bd. of Review of Town of East Providence, 1218
| Citation | 162 A.2d 554,91 R.I. 259 |
| Decision Date | 07 July 1960 |
| Docket Number | No. 1218,1218 |
| Parties | ASSEMBLY OF GOD CHURCH of Providence, Rhode Island v. ZONING BOARD OF REVIEW OF the TOWN OF EAST PROVIDENCE. M. P. |
| Court | Rhode Island Supreme Court |
Angelo Di Spirito, Jr., Woonsocket, for petitioner.
Sarkis Tatarian, City Sol., East Providence, for respondent.
This is a petition for certiorari to review the action of the zoning board of review of the city, formerly the town, of East Providence in denying an application for an exception or variance to permit the use of three certain lots of land in a residence A district for a gasoline service station. The writ was issued and pursuant thereto the respondent board has certified the pertinent records to this court for our inspection.
It appears from the evidence that in May 1955 petitioner purchased from Alphage Ferland & Sons, Inc. three certain lots of land on the westerly side of Newport avenue between Roger Williams avenue and Vista Drive, numbered respectively 555, 556 and 557 on assessor's plat No. 40.
After the purchase of the land, petitioner found that the area was insufficient for a church building and parking area and it also learned from tests made that the water level was so high as to seriously interfere with its plans for a basement below the church building proper. Since petitioner found it inexpedient to build on the land, it apparently decided to sell it and entered into negotiations with Tidewater Oil Company. This company planned to erect an automobile filling and greasing station. The investment would amount to approximately $125,000.
On June 13, 1957 petitioner filed its application for a special permit for a gasoline service station under section 5A, A(4) of chapter 43 of the zoning ordinance as amended by chap. 159, sec. 6. At the hearing before the board on July 1, 1957 petitioner was represented by counsel.
Richard E. Harris, an engineer for the Tidewater Oil Company, testified as to the type of building that would be erected.
Stephen L. Reed, a real estate broker, testified that in his opinion a gasoline station would not devaluate property in the area; that the land could be used to the best advantage for that purpose; and that such a station was necessary for the neighborhood, which was residential in character but still on a main highway.
A letter was introduced from William B. Collins, assistant divisional manager of the New England Fire Insurance Rating Association, to the Halliwell Insurance Agency, stating that 'a cinder-block auto filling and greasing station at the proposed location will have no effect on fire insurance rates on the surrounding property.'
Counsel for petitioner stated that according to the state traffic division approximately 16,000 cars passed the area every day, and that a gasoline station would not create as much of a traffic hazard as would a church.
Frank Titus, a remonstrant, testified that the people of Rumford Terrace Plat were definitely opposed to the application for a gasoline station; that he had a petition signed by thirty-three abutting owners and taxpayers of the town; that there was no need for another gas station since there were three in the area and a fourth under construction; that it would be a safety and fire hazard; that they were assured when they bought their homes that a church was to be built in the area in question; that the previous owner attempted to have the area rezoned but had failed; that he had offered to buy back the land from the church for the price which it had paid for it; and that a gas station would depreciate property.
William E. Gormley testified that he was the nearest abutter to the property and he objected to the noise and odor of a gas station.
Stephen L. Reed, when asked if he thought a gas station would tend to lessen the value of the home of Dr. George J. Grinsell, Jr., said that he thought it would.
After considering the application the board 'voted that the petition of the Assembly of God Church be denied, because Mr. Ferland, who opened the plat, sold to the Assembly of God...
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Titus v. Zoning Bd. of Review of City of East Providence
...or commercial use; and that there was genuine resistance to such invasion for reasons of health.' Assembly of God Church v. Zoning Board of Review, 91 R.I. 259, 264, 162 A.2d 554, 556. The denial by the board in that instance is one of the grounds relied on by the instant petitioners in sup......
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May-Day Realty Corp. v. Board of Appeals of City of Pawtucket, MAY-DAY
...shows that the board gave weight to the testimony of those who testified on behalf of the remonstrants. See Assembly of God Church v. Zoning Board of Review, R.I., 162 A.2d 554, 556. We come now to petitioner's contention that the board was arbitrary and abused its discretion when it denied......