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STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS PROVIDENCE, SC. (FILED: MARCH 18, 2011) : : V. : : TOWN OF FOSTER ZONING BOARD : OF REVIEW, sitting as the PLANNING : BOARD OF APPEALS, and the : FOSTER PLANNING BOARD : INTRICA GROUP, LLC DECISION SAVAGE, J. Before this Court is an appeal by Appellant Intrica Group, LLC from a decision of the Town of Foster Zoning Board of Review, sitting in its capacity as the Planning Board of Appeal ("Board of Appeal"). The Board of Appeal reversed a SUPERIOR COURT

C.A. No. PC 07-4995

decision of the Foster Planning Board that granted preliminary plan approval of Appellant's minor subdivision application and remanded the matter to the Planning Board for further consideration. For the reasons set forth in this Decision, this Court denies this appeal and affirms the decision of the Board of Appeal. I FACTS AND TRAVEL Appellant is the record owner of a parcel of real property located along Cucumber Hill Road and Harrington Road in Foster, Rhode Island (the "Property"). The Property, designated as Assessor's Plat 4, Lot 87, comprises approximately twenty-six acres. On October 26, 2005, Appellant filed an application with the Foster Planning Department to subdivide the Property into five lots. (Intrica Group, LLC, Foster

Planning Department Application for Land Development, Oct. 26, 2005.) Under the Town of Foster Subdivision Regulations, subdivisions that "consist of five (5) or fewer

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units or lots" qualify as a "[m]inor subdivision." See Town of Foster Land Development and Subdivision Regulations

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Rhode Island Law