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John Quattrocchi Revocable Trust v. The Zoning Board of Town of Warren

Superior Court of Rhode Island

October 13, 2016

JOHN QUATTROCCHI REVOCABLE TRUST and JOHN QUATTROCCHI, Individually and as his interests may appear Plaintiffs/Appellants,
v.
THE ZONING BOARD OF THE TOWN OF WARREN, et al. Defendants/Appellees.

         Providence County Superior Court

          For Plaintiff: Robert J. Healey, Jr., Esq.; Lauren E. Jones, Esq.

          For Defendant: Steven A. Minicucci, Esq.; Chip Muller, Esq.; Maureen A. Hobson, Esq.

          DECISION

          TAFT-CARTER, J.

         John 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, [1] 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.

         I Facts and Travel

         O'Connell 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.

         II Standard of Review

         The 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 which are:
"(1) In violation of constitutional, statutory, or ordinance provisions;
"(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 ...

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