Nani v. Zoning Board of Review of Town of Smithfield

The petitioners applied for permission to use their premises located in a commercial (C-l) zone for an automobile service station. The respondent board found that the gasoline station abutting the petitioners’ property and the five others within a one-mile radius amply provided the public with the same services which the petitioners proposed to furnish. On that premise, it concluded that the use sought would not serve the public convenience and welfare, and it denied the application for an exception. We now review on certiorari.

The substantial issue is whether community or neighborhood need…