Smithfield Planning Board reviews Green Development's master plan amid changing zoning regulations
October 02, 2024 | Smithfield, Providence County, Rhode Island
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In a pivotal meeting on October 2, 2024, the Smithfield Zoning Board of Appeals addressed significant zoning issues surrounding a proposed battery energy storage facility. The discussion centered on the timeline and procedural requirements for the application process, particularly in light of a recent zoning ordinance amendment that prohibits such facilities in all zoning districts.
The applicant, represented by Mr. Mancini, initially appeared before the planning board on October 19, 2023, to discuss a pre-application. At that time, he acknowledged the need for a special use permit from the zoning board, which was not required under the unified development review process prior to January 1, 2024. However, the master plan application was filed on November 22, 2023, without the necessary special use permit, which was crucial for moving forward with the planning board's recommendation.
A key turning point occurred when a zoning ordinance amendment was enacted by the town council in early January 2024, defining battery energy storage facilities and prohibiting their use effective February 9, 2024. The applicant failed to file the required special use permit application before this deadline, leading to complications in the approval process.
The board referenced a similar case, Granite Asphalt Fork v. Zoning Board of Review of the Town of Johnston, which underscored the importance of adhering to procedural requirements. In that case, the court ruled that the property owner could not rely on previous representations and must follow the proper application process, ultimately leading to the denial of the proposed use.
As a result of these developments, the board concluded that the applicant's rights to proceed with the battery storage facility were not vested under the previous ordinance, as no complete application had been submitted before the new regulations took effect. This decision highlights the critical nature of timely and correct application submissions in navigating zoning laws and regulations in Smithfield. The implications of this ruling may set a precedent for future developments in the area, emphasizing the necessity for compliance with updated zoning requirements.
The applicant, represented by Mr. Mancini, initially appeared before the planning board on October 19, 2023, to discuss a pre-application. At that time, he acknowledged the need for a special use permit from the zoning board, which was not required under the unified development review process prior to January 1, 2024. However, the master plan application was filed on November 22, 2023, without the necessary special use permit, which was crucial for moving forward with the planning board's recommendation.
A key turning point occurred when a zoning ordinance amendment was enacted by the town council in early January 2024, defining battery energy storage facilities and prohibiting their use effective February 9, 2024. The applicant failed to file the required special use permit application before this deadline, leading to complications in the approval process.
The board referenced a similar case, Granite Asphalt Fork v. Zoning Board of Review of the Town of Johnston, which underscored the importance of adhering to procedural requirements. In that case, the court ruled that the property owner could not rely on previous representations and must follow the proper application process, ultimately leading to the denial of the proposed use.
As a result of these developments, the board concluded that the applicant's rights to proceed with the battery storage facility were not vested under the previous ordinance, as no complete application had been submitted before the new regulations took effect. This decision highlights the critical nature of timely and correct application submissions in navigating zoning laws and regulations in Smithfield. The implications of this ruling may set a precedent for future developments in the area, emphasizing the necessity for compliance with updated zoning requirements.
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