Newport Zoning Board of Review Regular Meeting – May 19, 2025

The Newport Zoning Board of Review held its regular meeting on Monday, May 19, 2025, at 6:00 PM in the Council Chambers at 43 Broadway, Newport, RI. The board acted on a full agenda including summary calendar items, abbreviated summary petitions, a full hearing on a previously denied application, and an appeal of a Historic District Commission (HDC) decision. The meeting adjourned at approximately 10:15 PM.

Consent Calendar

• Extension Request – 206 Thames Street: The board unanimously approved a 23-month extension (from June 7, 2025, to May 7, 2027) for the project to start and substantially complete.
• Communication Re: 181 Bellevue Appeal: Four objection letters from Rosemary Heydt, William Heydt, Teresa Mae Leveille & Edward P. Warner, and Melvin Hill were accepted into the record (by unanimous vote), with the solicitor noting these letters are not part of the appellate record.
• Summary Calendar Petitions (three items): All three petitions were moved to the consent calendar and approved unanimously on a single motion, adopting the board's findings of fact and conclusions of law under Chapter 17.108 (variances) and 17.109 (special use permits) of the Newport Zoning Ordinance. The petitions were:
  1. Charles Pattavina – 33 Poplar Street: dimensional variance for a condenser 2’-4” from the east side property line (3’ required).
  2. Raed Yazbeck – 201 Goddard Row: special use permit to convert a retail store into a fast-food restaurant (smoothies and fruit bowls).
  3. Rhys & Jennifer Warburton – 12 Elliot Place: special use permit and dimensional variance for a 25 sq. ft. one-story rear addition increasing lot coverage from 36.3% to 37% (33.2% allowed).

Public Comments & Testimony

• 57 Marchant Street (App. #2024-Dec-012): Two objectors, James Browning (26 Lucas Avenue, 22-year resident) and Patricia Vecchioni (neighbor to the north), testified against the application. Browning argued the proposed garage was not substantially different from the denied 2024 application, remained too massive, and that the applicants had not communicated with opposing neighbors. Vecchioni raised concerns about loss of sunlight, harm to trees, and the height (20 feet) being excessive for a storage space. Both expressed willingness to accept a one-story garage with a smaller footprint.
• 181 Bellevue Avenue Appeal (App. #2025-Appeal-001): Attorney Peter Regan, representing the appellant 181 Bellevue Center LLC, presented oral argument in favor of overturning the HDC's denial on siting. He argued that the HDC's decision was not supported by the weight of the evidence, that the applicant's expert witnesses (Justin Hetty and Ronald Onorato) demonstrated the siting was compatible, and that the HDC improperly substituted its design preferences for the applicant's. No opposition testimony was heard, but written objections from abutters were noted.

Discussion Items

• Determination of Substantial Change – 57 Marchant Street: After presentation by applicant's attorney Jay Russell Jackson and architect Ross Cann, the board heard from objector James Browning. The board then voted 5-0 to find the current application substantially different from the denied 2024 application, citing changes in design, massing, reduced footprint, and increased setback. The board then proceeded to a full hearing on the merits.
• Full Hearing – 57 Marchant Street (Amer Taj and Chrysanthe Taj): The applicants sought a special use permit (Category 6) and dimensional variance to construct a mudroom and two-story garage, increasing lot coverage from 30.88% to 36.57% (30.84% allowed). Testimony included:
  • Applicant Amar Taj described basement flooding issues and the need for dry storage; the garage would provide a single-car garage with second-level storage (non-habitable by code).
  • Architect Ross Cann detailed design changes: turning the gable, reducing footprint, increasing north side setback to 10 feet, and reducing height to 20 feet (from 22’7”). He presented a shadow study showing no impact on the neighbor to the north.
  • Expert witness James Hool (real estate appraiser) opined that the proposed lot coverage (36.57%) is consistent with the neighborhood average (36.1%) and that the garage would not alter the character of the area.
  • Objectors Browning and Vecchioni reiterated concerns about massing, height, and loss of sunlight. They proposed a one-story garage as a compromise.
  • The board approved the petition with a condition that the vegetation screen on the north side be maintained at its current height.
• Abbreviated Summary – 108 Catherine Street (Jessica Phillips): Dimensional variances to place a generator and pool equipment 12 feet from the east front property line (30’ required). The applicant testified that the generator would be relocated from a current 5-foot setback. The board approved with a condition limiting generator testing to Monday–Friday, 9 AM–5 PM.
• Abbreviated Summary – 7 & 9 Dearborn Street (Taj Residences, LLC): Variance from the requirement to underground utilities. Attorney Jay Jackson argued that digging under the street would be impractical and expensive. The board approved, and also passed a motion (5-0) to send a formal memo to the Newport City Council requesting review of the utility undergrounding ordinance (Chapter 17.100 Development Standards) for potential revisions.
• 181 Bellevue Avenue Appeal – Full Hearing: The board considered the appeal of the HDC's denial of a Certificate of Appropriateness for a new hotel, restaurant, and spa. The HDC had approved all aspects except siting (4-3 vote against). The board reviewed the certified record and heard oral argument. Board members found that the HDC's decision was not supported by the weight of the evidence and that the HDC applied a higher standard than “compatibility.” The board voted 5-0 to sustain the appeal, reversing the HDC's decision on siting.
• Continuances: The board continued the following items to the June 24, 2025 meeting: abbreviated summary petition of Stephanie Shuler (6½ & 8 Cross Street) and full hearing petitions of CPDW Properties (16 Mary Street) and Keith A. & Michelle L. Briggs (13 Goodwin Street). Also continued were several petitions from the full hearing calendar (including 640 Thames Street, 130 Touro Street, 17 Bayview Avenue, 22 Narragansett Avenue, and 594-596 Thames Street).

Key Outcomes

• Summary Calendar (3 petitions): Approved unanimously (5-0).
• Extension – 206 Thames Street: Approved unanimously (5-0).
• 108 Catherine Street: Approved unanimously (5-0) with generator testing restriction.
• 7 & 9 Dearborn Street: Approved unanimously (5-0). The board also voted unanimously to send a memo to the City Council regarding the utility undergrounding ordinance.
• 57 Marchant Street: The board first voted 5-0 that the application was substantially different from the denied 2024 application. Then, after a full hearing, the board voted 5-0 to approve the special use permit and dimensional variance, with a condition to maintain the north-side vegetation screen at its current height.
• 181 Bellevue Avenue Appeal: The board voted 5-0 to sustain the appeal, reversing the HDC's decision on siting. The HDC's approval on all other aspects stands.
• Inactive and Continued Petitions: Several items were continued to the June 24, 2025 meeting or continued generally, as noted in the agenda.