Smithfield v. Bickey Development, Inc

We have submitted to the Town a new memo citing a case in Smithfield. The memo has been posted to the Patch, can be seen in original form here, and can be read below. Note that the specifics of the Smithfield case can be found here.

To:  Members of the Planning Board, Housing Board of Trustees, Technical Review Committee

Subject:  Attached Case:  Smithfield v. Bickey Development, Inc., and State Housing Appeals Board, Superior Court of Rhode Island, Providence, September 19, 2012.

Date:  April 18, 2013

          Attached is a copy of the above subject case wherein the Superior Court vacated a decision of the State Housing Appeals Board (SHAB) favoring the contractor in a project seeking to construct 31 residential units in the town of Smithfield.  (Suggestion,- read the first and last paragraphs first)

          In a methodical and comprehensive analysis of the facts and law, the court made these significant findings:

1.  “When reviewing a comprehensive permit application, the local review boards have “significant discretion and responsibility to act in the best interest of the community” ( pg. 13, quoting the Supreme Court of Rhode Island).
2. That the Smithfield Zoning Board “did have sufficient evidence to support its concern with regard to the health and safety of the local residents” wherein the capacity and condition of  a sewer were at issue. (p. 13)  
3. That principles concerning completeness of an application  apply to adequate information on drainage, stormwater runoff,   elevation plans, soil etc.  (see p. 13)   
4. That the deciding board’s authority to approve or deny an application is fully applicable and enforceable at the Master Plan stage of the application process. (p. 15)

          As you know our group has advocated for both transparency and independent expert analysis of all factors that affect the Master Plan application of the EBCDC. We hope this document, which outlines actions taken in other RI towns addressing the same objectives and concerns we have previously expressed, contributes to the body of information of responsible town officials, as well as the residents of Barrington.

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