PROVIDENCE — Solicitor Tim Chapman, on behalf of the city, has filed a complaint against the East Providence Zoning Board of Review in State Superior Court, seeking to overturn that body’s decision to deny a request to expand the Cumberland Farms convenience store at Pawtucket Avenue and Wampanoag Trail.
Mr. Chapman said he filed the complaint on Friday, Dec. 4. There are no motions at this time. The defendants, in this case specifically the five Zoning Board members who voted on the matter (Eugene Saveory, Michael Beanparlant, Pier-Mari Toledo, John Braga and Richard Croke), have 20 days upon being served to answer the complaint.
The complaint seeks from the Superior Court to either reverse the Zoning Board of Review’s decision while granting V.S.H. Realty, Inc. and Cumberland Farms the relief it requested in its application or remand the matter to the City of East Providence (i.e., the Council) for further action.
The matter arose from the Zoning Board’s denial of an application by V.S.H. Realty, Inc. and Cumberland Farms for dimensional relief associated with a lawfully permissible use on property located at the corner of Pawtucket Avenue and the Trail. The Board, at its November meeting, actually voted in favor the application, 3-2, though that tally was one short of the super-majority necessary for passage on such matters. Messrs. Braga and Croke cast the dissenting votes.
According to the complaint, their opposition to application focused primarily on a two-lane driving aisle and a proposed buffer area between the remodeled property and that of the nearest remaining resident at 31 Wampanoag Trail. The complaint claims Mr. Braga and Mr. Croke “voted against the application based on unrelated, unsubstantiated, speculative, and non-probative subjective beliefs.”
Previously, both the City Council and the Planning Board had approved the application. The complaint further claims Mr. Braga and Mr. Croke voted against the application “because they wished to impose a single lane one-way drive aisle, a matter which was not within the Board’s jurisdiction or authority” and they believed the owner of the property at 31 Wampanoag Trail “should have been financially compensated by the applicant, a matter which is neither under their jurisdiction nor within their authority.”
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