The New Castle Realty Company v. Raymond Dreczko, Jr., in his capacity as member of the Town of Charlestown Zoning Board of Review, et al.

Summary

The Rhode Island Supreme Court reviewed a Superior Court judgment concerning the denial of a special-use permit and dimensional variance for construction on a nonconforming lot in Charlestown. The Court held that the zoning board lacked substantial evidence to deny the special-use permit based primarily on concerns within the Rhode Island Department of Environmental Management’s expertise, but that further factfinding was required regarding the dimensional variance. The Court affirmed in part and quashed in part the Superior Court judgment.

Holdings

1. Although the Supreme Court disapproved of the zoning board's procedure and found that the board failed to enumerate specific findings as required by statute, the record contained minimally sufficient findings to enable judicial review.
2. Substantial evidence did not support either the zoning board's denial of the special-use permit or the Superior Court's affirmance of that denial.
3. The Superior Court properly affirmed denial of the dimensional variance because New Castle failed to establish that the requested relief was the least relief necessary to enjoy a legally permitted beneficial use of the property.

Questions Presented

1. Whether the Superior Court properly determined that the zoning-board record contained sufficient findings of fact and conclusions of law to permit judicial review.
2. Whether substantial evidence supported denial of the special-use permit despite the Department of Environmental Management's permits for wetlands alteration and the onsite wastewater treatment system.
3. Whether the Superior Court properly affirmed denial of the dimensional variance on the ground that the requested relief was not the least relief necessary.

Disposition

quashed