JOHN QUATTROCCHI REVOCABLE TRUST and JOHN QUATTROCCHI, Individually and as his interests may appear Plaintiffs/Appellants,
THE ZONING BOARD OF THE TOWN OF WARREN, et al. Defendants/Appellees.
County Superior Court
Plaintiff: Robert J. Healey, Jr., Esq.; Lauren E. Jones, Esq.
Defendant: Steven A. Minicucci, Esq.; Chip Muller, Esq.;
Maureen A. Hobson, Esq.
Quattrocchi (Appellant) appeals a decision of the Zoning
Board of the Town of Warren (the Board) granting Blount Fine
Foods, O'Connell's Warren Mill Marina (the Marina),
doing business as PKO Marina,  and Patrick K. O'Connell
(O'Connell) a Special Use Permit allowing them to operate
a boat storage and maintenance business. Jurisdiction is
pursuant to G.L. 1956 § 45-24-69.
Facts and Travel
has operated the Marina in Warren since 2004. Petition for
Special Use Addendum of Facts (Dec. 18, 2013). The Marina was
located at 325 Water Street. Id.; see Bd.
Hr'g Tr. 6:15-18; 9:22-24, May 21, 2014. O'Connell
filed a petition for a special use permit seeking relief from
the Town of Warren Zoning ordinance to relocate the Marina.
Petition for Special Use (Dec. 18, 2013). On May 21, 2014,
the Board held a hearing on the petition. At the conclusion
of testimony, the Board voted unanimously to grant the
special use permit. Bd. Hr'g Tr. at 59:1-6, May 21, 2014.
The Board issued a written decision on June 18, 2014, which
was entered in the Land Evidence Records a day later.
Appellant timely appealed to this Court.
Standard of Review
Superior Court has jurisdiction to hear appeals from zoning
boards of appeal pursuant to § 45-24-69. The statute
provides the standard of review for such appeals:
"The court shall not substitute its judgment for that of
the zoning board of review as to the weight of the evidence
on questions of fact. The court may affirm the decision of
the zoning board of review or remand the case for further
proceedings, or may reverse or modify the decision if
substantial rights of the appellant have been prejudiced
because of findings, inferences, conclusions, or decisions
"(1) In violation of constitutional, statutory, or
"(2) In excess of the authority granted to the zoning
board of review by statute or ordinance;
"(3) Made upon unlawful procedure;
"(4) Affected by other error of ...