Gingerella v. Toscano, 91-0804 (1999)

DECISION

This is an appeal from a decision of the Zoning Board of Review of the Town of Westerly ("the Board"). The plaintiff, George A. Gingerella, Jr. ("Gingerella" or "the plaintiff") is appealing the Board's October 2, 1991 decision denying his petition for a special exception to construct a telecommunications tower. Jurisdiction in this Court is pursuant to G.L. 1956 § 45-24-69.

Gingerella owns four acres of land located off Old Boom Bridge Road in Westerly, Rhode Island ("the property"). (8/7/91 Tr. at 4.) The property is designated as Assessor's Lot 33B on Plat 11. See Application for…