Cranston Jewish Center v. Zoning Bd. of Review of City of Cranston

• Citation: 175 A.2d 296,93 R.I. 364
• Decision Date: 01 December 1961
• Docket Number: No. 1392,1392
• Parties: CRANSTON JEWISH CENTER v. ZONING BOARD OF REVIEW OF the CITY OF CRANSTON. M. P.
• Court: United States State Supreme Court of Rhode Island

Page 296

175 A.2d 296

93 R.I. 364

CRANSTON JEWISH CENTER v. ZONING BOARD OF REVIEW OF the CITY OF CRANSTON.

M. P. No. 1392.

Supreme Court of Rhode Island.

Dec. 1, 1961.

James DiPrete, Jr., Providence, for petitioner.

Charles A. Kelley, City Sol., Abraham Goldstein, Asst. City Sol. for City of Cranston, Adler, Pollock & Sheehan, Bernard R. Pollock, Norman Jay Bolotow, Providence, for respondent.

PAOLINO, Justice.

This is a petition for a writ of certiorari to review the decision of the zoning board of review of the city of Cranston granting an application for a special exception and a variance under the zoning ordinance to use certain land for a supermarket and parking area. Pursuant to the writ the board has certified the pertinent records to this court.

William Jakober owns a large parcel of land with a frontage of 239.72 feet on the northeasterly side of Park avenue and a depth of over 400 feet. It is located partly in Providence and partly in Cranston. Antonio F. Rotelli holds an option to purchase it. He and Mr. Jakober joined in the instant application seeking relief from the requirements of the zoning ordinance with respect to the part of the land located in Cranston. The land is situated in a district zoned for dwelling house uses. It consists of an unimproved parcel of land designated as lots 1558, 1557, 1556 and 1011 on assessor's plat 3/1. It is triangular in shape and has a frontage of 130.39 feet on Park avenue, a depth of 317 feet and an area of approximately 23,500 square feet. It is bounded on one side by Park Row, an unimproved street, and on the other side by the boundary line between the cities of Providence and Cranston. This boundary line separates the land which is the subject of the instant application from the adjoining land owned by Mr. Jakober in Providence.

It appears from the application that the applicants requested both a special exception under sec. 27 B(8) and a variance under sec. 27 C of the ordinance for permission to erect a supermarket and a parking area on the premises. The Cranston Jewish Center is located on Park avenue, directly across the street from the proposed supermarket and parking area. It is a religious organization which functions as a synagogue as well as a center for civic, social and recreational activities. In addition it conducts a religious school for children.

The petitioner and others appeared at the hearing before the board. The applicants presented evidence to support their request for both a special exception and a variance. During the hearing they informed the board that Mr. Jakober's adjoining land in Providence was zoned for commercial use and that the proposed supermarket could be built on that land. After the hearing the board granted the application under both secs. 27 B(8) and 27 C of the ordinance.

In the decision, after stating that they had taken a view of the premises and area in question, the board discussed the reasons on which they based their decision. They referred to certain facts to which they stated they gave particular consideration. First among these was the fact 'That the adjacent parcel owned by Mr. Jakober in Providence, Rhode Island, is zoned for a commercial use permitting a Super Market to be built.'

While the instant petition was pending in this court the parties discovered that the statements made to the board concerning the zoning of Mr. Jakober's land in Providence were erroneous. No claim of intentional misrepresentation has been made. For convenience the parties have stipulated to...