By MICHAEL SOUZA

WAKEFIELD – In a decision that was rendered on Tuesday, Superior Court Judge Gilbert V. Indeglia ruled in favor of the Narragansett Planning
Board in a case regarding an affordable housing proposal to be located on 83 Robinson St., near Fifth Avenue. The property is owned by Donna Kennedy and consists of Tax Assessor's map
D, Lots 98, 99 and 100.
    The case was brought to Superior court by Barry and Ellen Jagolinzer of 51
Fifth Ave. The decision was significant in that it allows for – at least in this case - the subdividing or “unmerging” of a lot to create multiple lots, none
of which meet zoning ordinance requirements for square footage, road frontage and numerous other zoning requirements.
   The board approved of the project on March 14, 2007. At the time, the board admitted the proposal would need multiple variances, including one
for the merger provisions of the zoning ordinance.
    The case's two most important aspects were upheld by the Judge. First, the Planning Board had determined that the need for affordable housing outweighed the need to adhere to the zoning requirements. The approval was nonetheless issued with eight conditions. Second, the Board had the
authority to make that decision.