(a) Following a public hearing, the zoning board of review shall render a decision within
fifteen (15) days. The zoning board of review shall include in its decision all findings
of fact and conditions, showing the vote of each participating member, and the absence
of a member or his or her failure to vote. Decisions shall be recorded and filed in
the office of the city or town clerk within thirty (30) days from the date when the
decision was rendered, and is a public record. The zoning board of review shall keep
written minutes of its proceedings, showing the vote of each member upon each question,
or, if absent or failing to vote, indicating that fact, and shall keep records of
its examinations, findings of fact, and other official actions, all of which shall
be recorded and filed in the office of the zoning board of review in an expeditious
manner upon completion of the proceeding. For any proceeding in which the right of
appeal lies to the superior or supreme court, the zoning board of review shall have
the minutes taken either by a competent stenographer or recorded by a sound-recording
device.
(b) Any decision by the zoning board of review, including any special conditions attached
to the decision, shall be mailed within one business day of recording, by any method
that provides confirmation of receipt to the applicant, to any objector who has filed
a written request for notice with the zoning enforcement officer, and to the zoning
enforcement officer of the city or town. Any decision evidencing the granting of a
variance, modification, or special use shall also be recorded in the land evidence
records of the city or town and mailed within one business day of recording, by any
method that provides confirmation of receipt, to the applicant, to any objector who
has filed a written request for notice with the zoning enforcement officer, and to
the zoning officer. A copy of the recorded decision shall be mailed within one business
day of recording, by any method that provides confirmation of receipt, to the applicant,
and to any objector who has filed a written request for notice with the zoning enforcement
officer, as well as a copy to the zoning enforcement officer.
Notes of Decisions
Bernuth v. Zoning Bd. of Review, 770 A.2d 396 (R.I. 2001).
· cites it 2× “Adequacy of Written Decision Although our resolution of the preceding issue is sufficient to resolve this appeal, we address petitioners’ argument that the zoning board and the Superior Court failed to make evidentiary findings concerning the requirements of § 45-24-41(d)(2) and…”
Kenlin Props., LLC v. City of East Providence, 139 A.3d 491 (R.I. 2016).
· cites it 4× “Section 45-24-61 9 provides that the written minutes, records of the examination, findings of fact, and other official actions of the zoning board be recorded and filed in the office of the zoning board and that the decision granting a variance be recorded in the land evidence…”
New Castle Realty Co. v. Raymond Dreczko, Jr., 248 A.3d 638 (R.I. 2021).
· cites it 6× “At the outset, the trial justice addressed New Castle’s argument that the zoning board’s decision lacked sufficient findings of fact and conclusions of law in violation of G.L. 1956 § 45-24-61. Although the trial justice found that the zoning board had “fail[ed] to enumerate…”
New Castle Realty Co. v. Raymond Dreczko, Jr., 248 A.3d 638 (R.I. 2021).
· cites it 6× “At the outset, the trial justice addressed New Castle’s argument that the zoning board’s decision lacked sufficient findings of fact and conclusions of law in violation of G.L. 1956 § 45-24-61. Although the trial justice found that the zoning board had “fail[ed] to enumerate…”
Kenlin Props., LLC v. City of East Providence, No. 13-321 (R.I. June 23, 2016).
· cites it 4× “Section 45-24-61 9 provides that the written minutes, records of the examination, findings of fact, and other official actions of the zoning board be recorded and filed in the office of the zoning board and that the decision granting a variance be recorded in the land evidence…”
R.I. Gen. Laws § 45-24-61(a): 2 cases
New Castle Realty Co. v. Raymond Dreczko, Jr., 248 A.3d 638 (R.I. 2021).
“At the outset, the trial justice addressed New Castle’s argument that the zoning board’s decision lacked sufficient findings of fact and conclusions of law in violation of G.L. 1956 § 45-24-61. Although the trial justice found that the zoning board had “fail[ed] to enumerate…”
New Castle Realty Co. v. Raymond Dreczko, Jr., 248 A.3d 638 (R.I. 2021).
“At the outset, the trial justice addressed New Castle’s argument that the zoning board’s decision lacked sufficient findings of fact and conclusions of law in violation of G.L. 1956 § 45-24-61. Although the trial justice found that the zoning board had “fail[ed] to enumerate…”
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