A popular Warren restaurant's planned move to Water Street has hit a snag, as an abutter has appealed to the Rhode Island Superior Court a recent Warren Zoning Board decision facilitating its move to the Warren Town Wharf.

In a complaint filed on Wednesday, June 9, Paul Bullock, owner of 267 Water St., wrote that Chomp Kitchen and Drinks' planned move from Child Street to a currently vacant warehouse space at the 279 Water St. will create a nuisance and will harm his business. Mr. Bullock's property lies just to the north of Chomp's planned new location.

In the appeal, Mr. Bullock's attorney, Andrew M. Cagen of Providence, wrote that the zoning board's unanimous May 5 decision to grant Chomp a special use permit and two variances to the town's lot coverage and setback requirements was made  "totally contrary to the evidence," was "clearly erroneous" and was "characterized by an abuse of discretion and an unwarranted exercise of discretion."

Chomp owner Sam Glynn had proposed moving to Water Street to give his popular restaurant more breathing room, adequate kitchen facilities and the ability to seat more guests than the cramped space it now occupies on Water Street. Though some residents spoke in favor of Chomp's plan at the May 5 meeting, Mr. Bullock was one of several who spoke against it, saying it would create parking issues and would be a nuisance — in Mr. Bullock's case, the planned location of a Dumpster close to his property line would constitute a nuisance, he said. So too would the resulting increase in traffic and other pressures the development would bring to the congested street, he said.

However, Chomp attorney Cort Chappel claimed at the meeting that Mr. Glynn's establishment would not only be an asset to the neighborhood, but belongs there:

"All I hear from the objectors is there's (too many) restaurants," he said. "I've never heard we're too compatible. We are not only compatible with the neighborhood, we are the neighborhood. The neighborhood is full of restaurants."

Nevertheless, Mr. Cagen wrote in his complaint that zoning board members erred when they voted 5-0 to approve Chomp's requests, and that that approval did not take into account the factors zoning board members are required to consider when voting on whether to grant variances.

"The decision was based upon a desire to have Chomp Kitchen & Drinks, which already operates in another part of Warren, expand in Warren and not risk is moving to another town. While this desire to promote local businesses may be admirable, a Board of Review is strictly limited by statute as to what it may consider when granting or denying a variance. Retaining local businesses is simply not one of those factors."