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Zoning Bulletin <br />May 10,2011 Volume 5INo. 9 <br />ommendation of the board of health." Here, the town's board of <br />health had condition approval of Nexum's special permit on future <br />satisfaction of water supply issues. The record established, found <br />the court, that Nexum could not achieve compliance with the con- <br />ditions. Since no amendment to the applications could, as a practi- <br />cal matter, satisfy the board of health conditions, the Board had no <br />choice but to deny the applications, said the court. <br />See also: Wendy's Old Fashioned Hamburgers of New York, Inc. v. <br />Board of Appeal o f Billerica, 4S4 Mass. 374, 909 N.E.2d 1161 (2009). <br />See also: Loring Hills Developers Trust v. Planning Bd. of Salem, <br />374 Mass. 343, 372 N.E.2d 775 (1978). <br />Nonconforming Use —Court Finds Marina on <br />Separate Lot is an Illegal Expansion of a Legally <br />Nonconforming Clubhouse <br />Owner of marina and clubhouse says court erred and <br />marina is legally operating <br />Citation: Campbell v. Tiverton Zoning Bd., 2011 WL 1168315 <br />(R.I. 2011) <br />RHODE ISLAND (03/25/11)—This case addressed the issue of <br />whether development on a separate lot across the street from a legally <br />nonconforming use, with the same ownership and serving the same <br />clientele, is an illegal expansion of a legally nonconforming use. <br />The Background/Facts: The Tiverton Yacht Club ("TYC") was <br />incorporated in 1945. It opened a clubhouse at its current location <br />in 1956. When the Town of Tiverton (the "Town") adopted zoning <br />in 1964, the TYC clubhouse became a legal nonconforming use lo- <br />cated in a residential zoning district. <br />Across the road from TYC's clubhouse, on a separate lot owned <br />by TYC (the "Marina Lot") located in a waterfront zoning district, <br />TYC operated a marina. <br />In June 2003, TYC's clubhouse was destroyed in a fire. TYC en- <br />deavored to rebuild the clubhouse. In December 2006, the Town's <br />building official approved a building permit for proposed building <br />plans for a new clubhouse. <br />Owners of land abutting the site of the former and proposed lo- <br />cation of the TYC clubhouse (the "Neighbors") promptly appealed <br />to the Town's zoning board (the "Board"). Among other things, the <br />© 2011 Thomson Reuters 7 <br />