Rhode Island Hospital Trust National Bank v. East Providence Zoning Board of Review

OPINION

We granted certiorari in this case to consider whether the Superior Court justice erred in affirming a decision of the East Providence Zoning Board of Review denying the petitioner’s 1 application for a variance. The zoning board had voted three to two in favor of granting the variance on August 31, 1978. Since the affirmative vote of four board members is necessary to grant a variance, the vote was equivalent to a denial. General Laws 1956 (1980 Reenactment) § 45-24-19. The two members of the board who voted to deny the petition stated at the hearing that the petitioner’s showing of…