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Planning board delays ruling on school play-area appeal to May 6
Summary
The Smithfield Planning Board continued an appeal concerning a school playground to a May 6 hearing after the applicant requested a continuance because counsel was unavailable; members also voiced concern about potential town liability while the playground remains in use.
The Smithfield Planning Board on April 1 continued an appeal about the safety and use of a school playground to a May 6 hearing after the applicant requested more time to secure counsel.
The continuance was requested because the applicant’s attorney could not attend the April meeting, and staff informed the board that the request had been sent by email to the chair. Solicitor David Priscilla advised the board the email asked that the hearing be moved to May 6; board members said they did not want the lack of counsel to prejudice the applicant’s case.
Board members also raised liability concerns about the playground remaining in use during the delay. One member noted there was no record relieving the town of liability if children continue to use the outdoor play area and suggested sending a letter urging the applicant to address the play-area risk or seeking a municipal-court order if necessary. Staff said municipal-court enforcement remained an available remedy if violations are shown after the 20-day decision record period.
After discussion the board moved, seconded and voted to continue the matter to the May 6 meeting. No formal ruling was made at the April 1 session; the board will hear evidence and argument on May 6.
