WC-2015-0615 Case Number: WC-2015-0615 Case Number: Filed in Washington Washington County County Superior Court Submitted: 12/11/2015 12/11/2015 5:10:02 PM PM Envelope: Envelope: 434299 434299 Reviewer: Reviewer: Elizabeth Elizabeth McQueeney McQueeney

STATE OF RHODE ISLAND STATE OF RHODE ISLAND WASHINGTON, SC SC WASHINGTON,

SUPERIOR SUPERIOR COURT COURT

-

LISCIOTTI DEVELOPMENT LISCIOTTI DEVELOPMENT CORP. CORP. Plaintiff,

v.

v.

:

C.A. No. WC-2015WC-2015-_ _ _ __ CA. No.

AMANDA RAYMOND DRECZKO, RAYMOND DRECZKO, JR., AMANDA

VANOVER, MAGEE, CLIFFORD CLIFFORD VANOVER, MAGEE, MICHAEL CHAMBERS, MICHAEL JOSEPH CHAMBERS, JOSEPH QUADRATO, JOANN STOLLE, STOLLE, ROBIN, ROBIN, QUADRATO, JOANN AND DONALD QUINN, AND DONALD BOZZUTO, BOZZUTO, QUINN, of the in their capacities as members members of ZONING BOARD CHARLESTOWN ZONING CHARLESTOWN BOARD OF REVIEW REVIEW OF Defendants.

COMPLAINT COMPLAINT

1.

(“Appellant” or "Lisciotti"), “Lisciotti”), hereby appeals Lisciotti Development Development Corporation, ("Appellant"

“Zoning Board”) Review’s (the "Zoning Zoning Board Board of the Charlestown Zoning of Review's Board") decision denying Appellant’s Appellant's Appellant’s proposed project as a appeal of the Charlestown Building/Zoning Official a Official classifying Appellant's

Department Store. Department PARTIES JURISDICTION PARTIES AND AND JURISDICTION

2.

Development Corporation is a Massachusetts corporation with Appellant Lisciotti Development with

Park Dr., Leominster, Massachusetts. a principal place of business at 80 Orchard Hill Park 3.

Appellees Raymond Amanda Magee, Cliffor Vanover, Michael DreCZko, Jr., Raymond Dreczko, Jr, Amanda

Robin Quinn, and named in this and Donald Chambers, Joseph Quadrato, JoAnn Donald Bozzuto are named J oAnn Stolle, Robin Chambers, of the Charlestown Zoning Zoning Board Complaint members of Complaint in their capacities as members Board of Review. 4.

The Court has jurisdiction over this matter pursuant to RI. R.I. Gen. Laws Laws § The § 45-24-69.

WC-2015-0615 Case Number: WC-2015-0615 Case Number: Filed in Washington Washington County County Superior Court Submitted: 12/11/2015 12/11/2015 5:10:02 PM PM Envelope: Envelope: 434299 434299 Reviewer: Reviewer: Elizabeth Elizabeth McQueeney McQueeney

w FACTS

Lisciotti submitted a preliminary plan for a land

5.

development development project to construct

an approximately 9,100 square foot Dollar General store on on the premises located on an on Old Old Post “Proj ect”). Assessor’s Map Road in Charlestown, RI 40 on on Assessor's Road RI designated as Lot 40 Map 13 (the "Project").

(“TVD”) on “Traditional Village District" District” ("TVD") The Project site is zoned zoned as "Traditional Town The on the Town

6.

of Charlestown Zoning Zoning Map. Map. of “General Store/Country Store," Store,” but do Permitted uses in the TVD do TVD district include "General

7.

“DepartmentStore.” not include "Department Store." L

8.

Town of of Charlestown Zoning/Building Official On July 17, 2015, Town On Official Joseph L.

Warner Jr. issued a decision designating the Project as a Department Warner Department Store.

9.

Appellant timely appealed that decision to the Charlestovm Zoning Board Charlestown Zoning Board of of

Review. Review. 10.

Appellant’s On November 17, 2015, the Zoning Zoning Board Board held a public hearing on On November on Appellant's

Official’s decision. and voted to affirm affirm the Zoning/Building Official's appeal and 1 1. 11.

Board issued a written decision affirming November 23, 2015, the Zoning On affirming the On November Zoning Board

Official’s decision to classify the Project as a "Department “Department Store” Store" (the Zoning/Building Official's “Decision”). "Decision").

12. _

The Decision was The was recorded in the Land Land Evidence Records of the Town Town of

on November 2015 in Book Book 411 at page 384. Charlestown on November 23, 2015

13.

A copy of the Decision is attached as Exhibit A. A A.

2

WC-2015-0615 Case Number: WC-2015-0615 Case Number: Filed in Washington Washington County County Superior Court Submitted: 12/11/2015 12/11/2015 5:10:02 PM PM Envelope: Envelope: 434299 434299 Reviewer: Reviewer: Elizabeth Elizabeth McQueeney McQueeney

M

Count I 45-24-69) (Zoning Gen. Gen. Laws Laws §§ 45-24.-69) (Zoning Appeal, Appeal, R.I.

and incorporates by Appellant hereby re-alleges and by reference the allegations

14.

contained in the foregoing paragraphs as if fully set forth herein. Appellant, an aggrieved party, files of files this appeal on on the grounds that the decision of

15.

Board’s decision is illegal and and unlawful for the following reasons: the Zoning Zoning Board's Review‘s decision and Board of Review's and actions herein are in violation of the a. The The Zoning Zoning Board

Zoning Zoning Board's constitutional and statutory authority. Review's decision herein is in excess of the authority b. The The Zoning Zoning Board Board of Review's

Board by granted to said Board by statute and ordinance.

The Zoning Zoning Board Board of of Review's c. The Review's decision herein is based upon upon unlawful procedures of Appellant's rights to due and equal protection of the laws. in violation of due process and Review's decision herein is clearly erroneous in view of Review's d. The The Zoning Zoning Board Board of View of the

reliable, probative and on the record. and substantial evidence on Review's decision herein is contrary to the law Zoning Board e. The The Zoning Board of Review's law and and the

evidence. f.f.

of Review's The Zoning Board of and capricious and The Zoning Board Review's decision herein as arbitrary and

of discretion. constitutes a clear abuse of Development Corp. respectfully requests that this WHEREFORE, WHEREFORE, Appellant Lisciotti Development

Court do the following: A.

Reverse and overrule the Decision;

B.

Judgment in favor of Appellant as to its appeal; Enter Judgment

C.

attorneys’ fees, and and other such relief as the Court Award Appellant its costs, attorneys' Award

deems just, appropriate, and equitable. deems

3

WC-2015-0615 Case Number: WC-2015-0615 Case Number: Filed in Washington Washington County County Superior Court Submitted: 12/11/2015 12/11/2015 5:10:02 PM PM Envelope: Envelope: 434299 434299 Reviewer: Reviewer: Elizabeth Elizabeth McQueeney McQueeney

Development Corporation, Development By By its Attorneys,

Lisciotti its

Grimm Grimm William William R. Grimm Grimm (#193 (#1938) 8) AndrewS. (#9117) Andrew Tugan (#91 S. Tugan 17) Hinckley, Allen & & Snyder LLP LLP 100 Westminster 1500 100 Westminster Street, Suite 1500 02903 RI 02903 Providence, RI Tel: (401) 274-2000 274-2000 277-9600 Fax: (401) 277-9600 [email protected] [email protected] [email protected]

/s/ Is/ William R.

DATED: DATED: December December 11, 2015 2015

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