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Zoning board continues hearing on proposed dance studio at 81 West Greenville Road after notice problems
Summary
The Smithfield Zoning Board continued a public hearing on a proposed dance studio at 81 West Greenville Road to April 2 after the applicant’s abutters list omitted several properties across the town line; the board required the applicant to re-mail notices to the omitted abutters and the Town of Glocester.
The Smithfield Zoning Board of Review continued the application to operate a dance studio at 81 West Greenville Road after hearing that the applicant’s abutters list failed to include several properties across the municipal boundary in the Town of Glocester.
Timothy Kane, attorney for the applicant, said the applicant followed the town’s application process and paid for a radius map from the assessor’s office but that the assessor’s automated list did not include some properties across the town line. Kane told the board the applicant subsequently hand‑delivered notices to abutters where possible and secured signed waivers from most of them. “We had everybody but one acknowledge. We gave them a copy of the advertisement and they acknowledged receipt of it, and they waived the 14 day mailing requirement,” Kane said.
An affidavit from Albert Ghisarelli, submitted by the applicant, states that he delivered a notice to one abutter who refused to sign but said they did not plan to attend the hearing. Board members discussed whether the affidavit and the applicant’s efforts satisfied the statutory 14‑day notice requirement, which is jurisdictional and can render a board decision vulnerable to appeal.
Given the uncertainty, the board voted to continue the public hearing to a specific date so the applicant can perfect notice to omitted properties (including notifying the Town of Glocester) without requiring a new advertisement. The board directed the zoning department to mail regular letters to the additional property owners identified at the hearing; the hearing will reconvene on April 2.
Board staff advised that continuing to a date certain and re‑mailing notices to omitted properties is a way to complete notice without repeating the full advertisement process. The board recorded a motion to continue the public hearing to April 2 and voted in favor of continuation.
Votes at a glance: motion to continue public hearing to April 2 to allow applicant to perfect notice to omitted abutters and the Town of Glocester — outcome: continued.
