Tripp v. Zoning Board of Review of City of Pawtucket, M. P. No. 1136.
| Citation | 123 A.2d 144 |
| Decision Date | 08 June 1956 |
| Docket Number | M. P. No. 1136. |
| Parties | William W. TRIPP, JR. v. ZONING BOARD OF REVIEW OF the CITY OF PAWTUCKET. |
| Court | Rhode Island Supreme Court |
COPYRIGHT MATERIAL OMITTED
Kenneth M. Beaver, Frank W. Slepkow, Providence, for petitioner.
John A. O'Neill, City Solicitor, Harvey J. Ryan, Ass't City Solicitor, for respondent.
This is a petition for certiorari to review the decision of the zoning board of review of the city of Pawtucket, now the board of appeals, denying the petitioner's application for an exception or a variance under the zoning ordinance to permit him to establish a funeral home in a residential area. Pursuant to the writ the pertinent records have been certified to this court.
It appears therefrom that Henry S. Jablecki and his wife are the owners of lot numbered 902 on assessors' plat No. 18. This property, which is improved by a one-family dwelling, is located at the northwest corner of Newport and Carter avenues in an area zoned as residence A. Lot 902 has a frontage of 99.65 feet on Newport avenue, extends back along Carter avenue in a westerly direction a distance of 210.61 feet, and contains 20,839 square feet of land. The house is a two and one-half story dwelling of substantial dimensions and stands close to Newport avenue at the easterly end of the lot. At this point Newport avenue is 66 feet in width and Carter avenue is 40 feet wide. Two public schools are located at the intersection of Newport and Carter avenues adjacent to the property for which an exception or variance is sought. One of these, a junior high school, is located on the southwest corner and the other, an elementary school, is on the southeast corner.
On February 21, 1955, William W. Tripp, Jr., hereinafter referred to as the applicant, requested the board for an exception under the provisions of chapter 312, section 16 (8) of the zoning ordinance of the city of Pawtucket, approved February 22, 1928, now Revised Ordinances 1953, § 26.18 (8), and for a variance under the provisions of general laws 1938, chap. 342, § 8 (c). The applicant seeks permission to use the first floor of the house as a funeral home and the second and third floors as a one-family dwelling.
A hearing was held on March 29, 1955 at which conflicting evidence was adduced by the parties. The applicant presented testimony that the house is too large for continued use as a one-family dwelling; that the cost of remodeling it for use as apartments would be prohibitive; that it has no marketability as a one-family house; that Newport avenue is rapidly becoming a commercial neighborhood; that the proposed use would preserve the attractive appearance of the property; that there is but one Protestant funeral home in this part of the city and another one is needed in the area; that its use as a funeral home will not increase traffic in the neighborhood; that the applicant will have a twenty-car parking lot in the rear of the dwelling; that use of the property as a funeral home will not increase traffic on Carter avenue; and that such use will be in harmony with the character of the neighborhood.
The remonstrants presented evidence to the effect that use of the property as a funeral home will increase commercialization of the neighborhood; that school parking already causes congestion on Carter avenue, which would be further increased by funeral parking; that such use will also increase traffic congestion at the intersection of Newport and Carter avenues; that another Protestant funeral home is not required in the area; that seven new residences have been built in that area in recent years; and that use of the property as a funeral home will cause other properties to...
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A.F. Homes LLC v. Ward, C.A. PC 09-1145
...a sufficient interest. Packham, 103 R.I. at 470-72, 238 A.2d at 389-90 (citing Tripp v. Zoning Bd. of Review of Pawtucket, 84 R.I. 262, 123 A.2d 144 (1956); Shulman v. Zoning Bd. of Appeals of Stamford, 226 A.2d 380 (Conn. 1967)). In the present case, Plaintiff alleges it has "an equitable ......
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A.F. Homes LLC v. Ward, C.A. PC 09-1145
...a sufficient interest. Packham, 103 R.I. at 470-72, 238 A.2d at 389-90 (citing Tripp v. Zoning Bd. of Review of Pawtucket, 84 R.I. 262, 123 A.2d 144 (1956); Shulman v. Zoning Bd. of Appeals of Stamford, 226 A.2d 380 (Conn. 1967)). In the present case, Plaintiff alleges it has "an equitable ......
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A.F. Homes LLC v. Ward
... ... the Administrative Officer to the Planning Board of the TOWN OF LINCOLN C.A. No. PC 09-1145 ... zoning classification ... On ... Owner applied to the Planning Board for review of a Major ... Land Development project in ... 389-90 (citing Tripp v. Zoning Bd. of Review of ... Pawtucket , ... 1149, 1150 (R.I. 1980); In re City of ... Warwick , 97 R.I. 294, 296, 197 A.2d ... ...
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A.F. Homes LLC v. Ward, C.A. PC 09-1145
...a sufficient interest. Packham, 103 R.I. at 470-72, 238 A.2d at 389-90 (citing Tripp v. Zoning Bd. of Review of Pawtucket, 84 R.I. 262, 123 A.2d 144 (1956); Shulman v. Zoning Bd. of Appeals of Stamford, 226 A.2d 380 (Conn. 1967)). In the present case, Plaintiff alleges it has "an equitable ......