Thomas A. Palangio v. The City of Providence, The City of Providence through Stephen Napolitano, its treasurer, Thomas Deller in his Offical Capacity as the Director of the Department of Planning
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STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS PROVIDENCE, SC. Filed January 30, 2008 THOMAS A. PALANGIO v. THE CITY OF PROVIDENCE, THE CITY OF PROVIDENCE THROUGH STEPHEN NAPOLITANO, ITS TREASURER, THOMAS DELLER IN HIS OFFICIAL CAPACITY AS THE DIRECTOR OF THE DEPARTMENT OF PLANNING : : : : : : : : : : : SUPERIOR COURT P.C. No. 07-0114 AMENDED DECISION INDEGLIA, J. This Amended Decision is being filed to amend the Decision filed on January 25, 2008 as follows: 1. As this is a consolidated case, the title of the case is amended to read as follows: RICHARD JESSUP, JR. and KAREN JESSUP Plaintiffs v. C.A. No. PC 07-3225 THOMAS A. PALANGIO and the MEMBERS OF THE PROVIDENCE ZONING BOARD OF REVIEW, JOHN KELLY, CHAIRMAN, et al. Defendants THOMAS A. PALANGIO Plaintiff v. C.A. No. PC 07-0114 THE CITY OF PROVIDENCE, , et al Defendants 1 THOMAS A. PALANGIO Plaintiff v. C.A. No. PC 07-3177 THE CITY OF PROVIDENCE, , et al Defendants 2. In light of the within Decision, the relief sought and the matters contained in PC 07-3225 and PC 07-3177 are rendered moot. 3. On page 11, the last paragraph, the language is to read as follows: Finally, Section 902.3 (A) (4) requires that the grant of a dimensional variance be predicated upon relief which is the least relief necessary. This Court notes real estate expert Peter Scotti s hearing testimony. Mr. Scotti observed that [t]he Applicant wants to have a conforming use in this zone. He s not planning to change the structure. He s not planning to expand the structure. He s merely planning to use the structure in accord with the zoning of a singlefamily zone. I don t see how doing that is going to have any impact on surrounding properties. He couldn t ask for any less relief than what he is asking for. (Feb. 27, 2007 Tr. at 43-44.) The remaining contents of the original decision filed on January 25, 2008 remain the same. 2
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