Newport Zoning Board of Review Regular Monthly Meeting – June 23, 2025

The Newport Zoning Board of Review held its regular monthly meeting on June 23, 2025, at 11:00 AM (evening session). All five voting members were present: Chair Wick Rudd, Vice Chair Dave Riley, Secretary Russ Johnson, Bark Grimes, and Nicole Chevry. Melissa Padovina also sat in. The board addressed a consent calendar, six abbreviated summary petitions, and two full hearings, with a focus on parking variances and guest house conversions.

Consent Calendar

• Unanimously approved minutes from April 28, 2025 and May 19, 2025.
• Approved the petition of Emily Dublas Ball (14 Greeno Place, plat 22 lot 65, R10 zone) for dimensional variances to install two HVAC condenser units under the front porch, located 15 feet from the front property line (20 feet required). The project must be started and substantially completed within 12 months. Unanimous vote.

Abbreviated Summary Calendar

Six petitions were processed with no objectors. Each was granted unanimously on a single motion after brief testimony. Key details:

1. Vanya Brown (20 Gould Street, plat 14 lot 128, R10) – Dimensional variance to construct a one-story rear addition, increasing lot coverage from 27.35% to 36.8% (32% allowed). The 362 sq. ft. addition is for an aging-in-place suite. Unanimous.

2. Daniel Glemser and David Bromberg (25K Boulevard, plat 11 lot 760, R10A) – Special use permit and dimensional variance for a one-story rear addition located 3 feet from the north side property line (10 feet required). The 257 sq. ft. addition squares off the house. Applicant noted good neighbor relations. Unanimous.

3. 599 Ocean Ave LLC (599 Ocean Avenue, plat 44 lot 71, R40A) – Dimensional variance to expand an existing second-floor deck to 400 sq. ft. (100 sq. ft. allowed). The deck serves the main living floor; a letter of support from neighbors was provided. Unanimous.

4. John Doherty (3 Bush Street, plat 21 lot 156, R10) – Special use permit and dimensional variance to construct third-floor dormers at 33 feet height (30 feet allowed). The 1912 house already exceeds height; dormers are common in the neighborhood. Unanimous.

5. Emily B. and Alicia Lipinski (89A Roseneath Avenue, plat 41 lot 391, R10) – Special use permit and dimensional variance to remove a front deck and construct a 90 sq. ft. two-story addition, increasing lot coverage from 36.8% to 37.7% (34.6% allowed). The property is a small lot (2,700 sq. ft.) behind a main house. Unanimous.

6. Anthony and Lynn Ray (31 Hunter Avenue, plat 20 lot 70, R10A) – Special use permit and dimensional variances to construct dormers on an existing detached garage to create a bedroom suite for adult children. No changes to footprint, setbacks, or height. Neighbors have no objections. Unanimous.

Full Hearings

1. CPDW Properties (16 Mary Street #4, plat 24 lot 353-4, General Business zone) – Dimensional variance to convert a two-bedroom dwelling to a two-bedroom guest house without providing one required manager’s parking space.

Applicant testimony: David White, partner in CPDW, stated the property is surrounded by short-term rentals and close to the Mary Street parking lot. He is working to lease a parking spot from a nearby business but has only verbal approval. The board discussed the difficulty of finding parking in the area.

Board discussion: Vice Chair Riley proposed a motion to waive the manager parking requirement for the current owner only, with annual confirmation of ownership. The board voted 5-0 to waive the requirement. The main motion for approval then passed unanimously, with the condition that the manager parking space is waived for the current owner, and the owner must confirm annually that ownership has not changed.

Key Outcomes: Approved 5-0. The guest house may operate without a manager parking space as long as the current ownership remains.

2. Keith A. and Michelle L. Briggs (13 Goodwin Street, plat 35 lot 240, Waterfront Business zone) – Dimensional variance to add a third bedroom to an existing two-bedroom guest house without providing one additional parking space.

Applicant testimony: Attorney Michael Monte and applicant Michelle Briggs explained that the 2,079 sq. ft. lot has no off-street parking. The property is currently used as a two-bedroom guest house; the third bedroom is vacant when used for short-term rentals. They already provide two parking spaces at the Wellington Hotel (not required). The request is to allow the third bedroom without additional parking.

Objector: None present. One letter of support from a neighbor.

Board discussion: The board split on whether to require the additional parking. The motion to approve without parking conditions was debated. Chair Rudd, Grimes, and Johnson supported approval, citing the hardship of the undersized lot, the applicant’s good track record, and the existing two off-street spaces. Vice Chair Riley and Chevry opposed, arguing that the additional bedroom would intensify use and that the parking condition is the minimum relief needed.

Key Outcomes: The motion to approve without additional parking passed 3-2 (Rudd, Grimes, Johnson in favor; Riley, Chevry opposed). The third bedroom may be added to the guest house without providing the required parking space.

3. Stephanie Schuler (6½ and 8 Broad Street, plat 17 lot 31-4, R10) – Dimensional variances to construct a three-car parking area and an 11-foot-wide driveway (24 feet required for two-way traffic).

Applicant testimony: Ms. Schuler, owner of the three-unit property (two units in one house, one bungalow), stated there is currently no off-street parking. She proposes to convert the backyard into three parking spaces, using permeable materials. The driveway is 11 feet wide; the city engineer determined a net loss of one on-street parking space (from 4 to 3).

Objector: William Allen testified that the driveway would eliminate two on-street parking spaces, exacerbating congestion. He showed photos of four cars parked in the area. The board noted that curb cuts and private parking signs are a separate issue under the city engineer’s purview.

Board discussion: Grimes opposed, citing firsthand experience of tight parking on Cross Street. The other four members supported the petition, noting that adding three off-street spaces is a net benefit even with a loss of one on-street space. The board emphasized that the applicant is voluntarily providing parking and that the hardship (no parking) is clear.

Key Outcomes: Approved 4-1 (Grimes dissenting). The parking area and driveway may be constructed, with the condition that the project be completed within 12 months.

4. NRI 17 Bayview Partnership (17 Bayview Avenue, plat 14 lot 107, R10) – Special use permit and dimensional variances to convert a non-conforming two-family dwelling into a three-family dwelling (multifamily), without providing two required parking spaces and without a two-way drive aisle (stacked parking).

Applicant testimony: Attorney Jay Lynch, principal John Ralph Gullison, and expert James Hool presented the case. The building currently has a two-family unit with a large third-floor space that could become a six- to seven-bedroom unit. By converting to three three-bedroom units, the use would be less intense. Parking solutions: a license for neighbor Tyler Bernadin to use the driveway for four off-street spaces, and an easement from 22 Newport Avenue (owned by Gullison) for three dedicated parking spaces for 17 Bayview tenants.

Objectors: Two written letters of objection were received, but no one appeared. One letter of support was also filed.

Board discussion: All members expressed initial concerns about density and parking but were persuaded by the parking solutions and the argument that the current configuration could lead to more cars. The board insisted on recorded easements for the three parking spaces at 22 Newport and a license for Bernadin’s access. The motion passed unanimously with those conditions.

Key Outcomes: Approved 5-0 with conditions: (1) The owner of 22 Newport Avenue must grant an easement to 17 Bayview Avenue for three parking spaces and access; (2) The owner of 17 Bayview must grant a license to the owner of 15/15½ Bayview Avenue to cross the property for off-street parking. All other standard conditions apply.

Key Outcomes

• Petitions on Consent Calendar: 1 approved unanimously.
• Abbreviated Summary Calendar: 6 petitions approved unanimously.
• Full Hearings:
  • CPDW Properties (16 Mary St #4): Approved 5-0 with waiver of manager parking for current owner.
  • Briggs (13 Goodwin St): Approved 3-2 to add third bedroom without additional parking.
  • Schuler (6½-8 Broad St): Approved 4-1 to construct parking area.
  • NRI 17 Bayview Partnership (17 Bayview Ave): Approved 5-0 with easement and license conditions.
• The board adjourned after the final petition.