board may consider probative factors in Rhode Island

2010Tr. at 33-35.) Furthermore, the Zoning Board based its findings with respect to safety and security on its own personal observations and the general knowledge of the members that allowing individuals of the general public into a school increases the chances that a student could face harm. *Page 20 In determining whether the requisites for a special use permit have been satisfied, "a board may consider probative factors within its knowledge or may acquire adequate knowledge through observation and inspection. . . ." Toohey v. Kilday , 415 A.2d 732 , 737 , (R.I. 1980); see also Salve Regina Coll

2006The Supreme Court of Rhode Island has said that "a board may consider probative factors within its knowledge in denying the relief sought or may acquire adequate knowledge through observation and inspection on a view." Toohey, 415 A.2d at 737 .

1997See Smith v. Zoning Board of Review of Warwick , 103 R.I. 328 , 237 A.2d 551 (1968).

1997See Smith v. Zoning Board of Review of Warwick , 103 R.I. 328 , 237 A.2d 551 (1968).

2010Tr. at 33-35.) Furthermore, the Zoning Board based its findings with respect to safety and security on its own personal observations and the general knowledge of the members that allowing individuals of the general public into a school increases the chances that a student could face harm. *Page 20 In determining whether the requisites for a special use permit have been satisfied, "a board may consider probative factors within its knowledge or may acquire adequate knowledge through observation and inspection. . . ." Toohey v. Kilday , 415 A.2d 732 , 737 , (R.I. 1980); see also Salve Regina Coll

2006In determining whether the requisites for a special use permit have been satisfied, "a board may consider probative factors within its knowledge . . . or may acquire adequate knowledge through observation and inspection on a view." Toohey v. Kilday, 415 A.2d 732 , 737 (R.I. 1980) ( see also Salve Regina College v. Zoning Bd. of Review, 594 A.2d 878 , 882 (R.I. 1991).

2010Such "personal knowledge and inspection" are considered "competent, reliable evidence only if the Board discloses its reliance on the information on the record of the hearing." Id. ; see also Restivo v. Lynch , 707 A.2d 663 (R.I. 1998); see also Bonitati Bros. v. Zoning Bd. of Review of City of Cranston , 99 R.I. 49 , 54 , 205 A.2d 363 , 366 (1964) (finding "that a board of review is presumed to have a special knowledge of matters that are peculiarly related to the administration of a zoning ordinance and of local conditions as they are affected by the provisions of a zoning ordinance).

2010Such "personal knowledge and inspection" are considered "competent, reliable evidence only if the Board discloses its reliance on the information on the record of the hearing." Id. ; see also Restivo v. Lynch , 707 A.2d 663 (R.I. 1998); see also Bonitati Bros. v. Zoning Bd. of Review of City of Cranston , 99 R.I. 49 , 54 , 205 A.2d 363 , 366 (1964) (finding "that a board of review is presumed to have a special knowledge of matters that are peculiarly related to the administration of a zoning ordinance and of local conditions as they are affected by the provisions of a zoning ordinance).

2010Such "personal knowledge and inspection" are considered "competent, reliable evidence only if the Board discloses its reliance on the information on the record of the hearing." Id. ; see also Restivo v. Lynch , 707 A.2d 663 (R.I. 1998); see also Bonitati Bros. v. Zoning Bd. of Review of City of Cranston , 99 R.I. 49 , 54 , 205 A.2d 363 , 366 (1964) (finding "that a board of review is presumed to have a special knowledge of matters that are peculiarly related to the administration of a zoning ordinance and of local conditions as they are affected by the provisions of a zoning ordinance).

1980But “our decisions must necessarily reflect the record as we find it, uninfluenced by factors which may have been known to the board but of which we have no knowledge.” Goldstein v. Zoning Board of Review of Warwick, 101 R.I. 728, 733 , 227 A.2d 195, 199 (1967). *738 The board should have disclosed on the record the observations or information upon which it acted.

1980But “our decisions must necessarily reflect the record as we find it, uninfluenced by factors which may have been known to the board but of which we have no knowledge.” Goldstein v. Zoning Board of Review of Warwick, 101 R.I. 728, 733 , 227 A.2d 195, 199 (1967). *738 The board should have disclosed on the record the observations or information upon which it acted.