OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

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

Meeting PortalMonday, May 19, 2025
BodyNewport, Rhode Island
SessionMeeting Portal
DateMonday, May 19, 2025
StatusFILED
Video Record

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Transcript — Verbatim
0:11

We're all set.

0:15

Good evening, ladies and gentlemen.

0:17

This is the uh May 19th, 2025, Newport Zoning Board of Review uh meeting.

0:24

Um as usual, we have a full calendar.

0:27

Um, so we're gonna get right into things.

0:30

Uh and looking at the agenda, just a couple of notes um for everybody.

0:34

Um couple things, six to eight and a half cross street.

0:39

Uh we have gotten a couple of objections in on that, too, this afternoon.

0:44

Uh that was on, I believe, the abbreviated summary calendar.

0:47

Because of the objections, we are gonna move it to a full hearing.

0:51

What that means is that it will not be heard under the abbreviated summary section, it'll be moved to the back of the full hearing calendar.

0:59

Um, we may or may not get to it.

1:01

So um is there anybody here on that on cross?

1:05

Are are you the petitioners?

1:08

Any objectors here of the recent objections that came in?

1:13

Okay.

1:13

I'm just giving you fair warning.

1:15

We may not get to you tonight.

1:16

Okay, but we will try.

1:18

Um second, uh, we're going to move the uh full petition of 57 Marshant.

1:26

That is the first full petition.

1:28

However, um we have the appeal of 181 Bellevue.

1:33

Uh that is coming up from the HDC.

1:36

And so we're gonna switch places on that uh as a courtesy to uh uh one of our city solicitors, Gerard Um Galvin, who will be sitting in for Dylan Conley because Dylan has a conflict on that.

1:48

So um and as a courtesy there, we'll do that.

1:52

So Gerard, we'll have you come in on that after we do the summaries and the abbreviated summaries.

1:57

Okay, and then uh we'll we'll do 57 Marsh on first, and of course, as uh you all know on 57 Marshall, the first thing we're gonna do is we're gonna um decide whether the changes in their application um represent you know a major change that we can then if we agree to that, then we will adjudicate and make a decision on that petition again.

2:19

So there are two aspects to the 57 Marshawn Street that we will be uh addressing tonight.

2:24

Um that being said, um I think that's everything right, Nick, that we have okay in terms of changes.

2:30

Um let's uh uh uh let's look at uh our quorum here tonight.

2:36

Uh we have a couple recusals that we're gonna do, but for most of tonight, we are gonna have our five um permanent sitting members.

2:43

That would be uh Nicole Chevry, Dave Riley, Russell Johnson, myself, Wick Rudd, and Bark Grimes.

2:49

Um on 57 Marshawn Street, I believe you're gonna be recusing yourself, Nicole.

2:54

And so uh in that in that case, 57 Marshaunt, uh Ms.

2:58

Padovina Melissa Padovina will be uh will be sitting as a voting member on that.

3:03

And uh she will also be um an alternate for the uh the rest of them and you're also recusing uh no that's right, I'm sorry.

3:10

You're recusing yourself on Poplar Street.

3:12

Yes.

3:13

Is that correct?

3:14

Yes, okay, and that's on the abbreviated summary.

3:16

Um so that's fine.

3:18

Uh moving on.

3:20

Uh we don't have any minutes uh tonight from the meeting, uh the previous meetings.

3:25

Um they may not be ready.

3:27

Um we do have communications, we have an extension request on 206 Thame Street.

3:33

Um, what are they looking for, Nick?

3:35

12 months?

3:36

Correct.

3:37

Is that right?

3:38

No.

3:39

Sorry, you're looking for 23 months.

3:41

I thought it was 24.

3:42

Yeah.

3:43

23 months?

3:44

23.

3:45

Okay.

3:46

Um, so I'll entertain a motion to that effect uh to give 206 Thame Street an extra 24 months.

3:54

I make a motion on the request for extension, petition of BMT LLC LC and C A M L L C applicant and owner.

4:03

Property located at 206 Thame Street for an extension.

4:08

23 month extension from June 7th, 2025 until May 7th, 2027 to start and substantially complete the project.

Discussion Breakdown — Share of Meeting
Zoning and Land Use█████████████████████████████████████████████50%
Zoning Variances███████████████████21%
Procedural███████8%
Engineering And Infrastructure██████7%
Community Engagement█████5%
Flood Mitigation████4%
Historic Preservation██2%
Parks and Recreation██2%
Environmental Protection1%
Summary of Proceedings

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.

Meeting Transcript

We're all set. Good evening, ladies and gentlemen. This is the uh May 19th, 2025, Newport Zoning Board of Review uh meeting. Um as usual, we have a full calendar. Um, so we're gonna get right into things. Uh and looking at the agenda, just a couple of notes um for everybody. Um couple things, six to eight and a half cross street. Uh we have gotten a couple of objections in on that, too, this afternoon. Uh that was on, I believe, the abbreviated summary calendar. Because of the objections, we are gonna move it to a full hearing. What that means is that it will not be heard under the abbreviated summary section, it'll be moved to the back of the full hearing calendar. Um, we may or may not get to it. So um is there anybody here on that on cross? Are are you the petitioners? Any objectors here of the recent objections that came in? Okay. I'm just giving you fair warning. We may not get to you tonight. Okay, but we will try. Um second, uh, we're going to move the uh full petition of 57 Marshant. That is the first full petition. However, um we have the appeal of 181 Bellevue. Uh that is coming up from the HDC. And so we're gonna switch places on that uh as a courtesy to uh uh one of our city solicitors, Gerard Um Galvin, who will be sitting in for Dylan Conley because Dylan has a conflict on that. So um and as a courtesy there, we'll do that. So Gerard, we'll have you come in on that after we do the summaries and the abbreviated summaries. Okay, and then uh we'll we'll do 57 Marsh on first, and of course, as uh you all know on 57 Marshall, the first thing we're gonna do is we're gonna um decide whether the changes in their application um represent you know a major change that we can then if we agree to that, then we will adjudicate and make a decision on that petition again. So there are two aspects to the 57 Marshawn Street that we will be uh addressing tonight. Um that being said, um I think that's everything right, Nick, that we have okay in terms of changes. Um let's uh uh uh let's look at uh our quorum here tonight. Uh we have a couple recusals that we're gonna do, but for most of tonight, we are gonna have our five um permanent sitting members. That would be uh Nicole Chevry, Dave Riley, Russell Johnson, myself, Wick Rudd, and Bark Grimes. Um on 57 Marshawn Street, I believe you're gonna be recusing yourself, Nicole. And so uh in that in that case, 57 Marshaunt, uh Ms. Padovina Melissa Padovina will be uh will be sitting as a voting member on that. And uh she will also be um an alternate for the uh the rest of them and you're also recusing uh no that's right, I'm sorry. You're recusing yourself on Poplar Street. Yes. Is that correct? Yes, okay, and that's on the abbreviated summary. Um so that's fine. Uh moving on. Uh we don't have any minutes uh tonight from the meeting, uh the previous meetings. Um they may not be ready. Um we do have communications, we have an extension request on 206 Thame Street. Um, what are they looking for, Nick? 12 months? Correct. Is that right? No.

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