Newport Zoning Board of Review Meeting – July 28, 2025

The Newport Zoning Board of Review met on Monday, July 28, 2025, at 6:00 PM in the Council Chambers at 43 Broadway. Board members present included the Chair, Vice Chair Dave Riley, Acting Secretary Bark Grimes, Nicole Chevry, and new member Richard Berlinski (voting in place of absent members). The meeting covered two withdrawal requests, two extension requests, three summary calendar petitions, and one abbreviated summary petition.

Communications

• Withdrawal Requests: Two petitions were withdrawn without prejudice: 9 County Street (Lee Divittis) and 118 Prospect Hill Street (Salvatore Carrabba). Both motions passed unanimously.
• Extension Requests:
  • 7 Cottage Street: Granted a second 12-month extension unanimously.
  • 435 Broadway (Newport Contemporary Ballet): After discussion and public comment, the board voted to grant a 24-month extension (instead of the requested 36 months) to allow time for funding. The board noted concerns from adjacent property owners about site maintenance and the future of the project. Conditions regarding site maintenance were referred to the building official and city solicitor.

Public Comments & Testimony

• Rodlin Woodhead (adjacent property owner) spoke against granting a 36-month extension for 435 Broadway, citing concerns about changes to the neighboring back parcel (adaptive reuse of the former Tripp School into 26 one-bedroom units) and broken promises. She requested a shorter extension.
• Peter Fernberger (area resident) expressed concerns about the dusty condition of the site and questioned what would happen if the project fails to secure funding. He asked for assurances of maintenance and clarification on property reversion rights.

Consent Calendar – Summary Petitions

Three petitions were placed on the consent calendar and approved unanimously:

1. 14 Tews Court (Will Deines): Special use permit and dimensional variance to construct a second-floor addition 5 feet from the front property line (7 feet required). Approved 4-0 after member Richard Berlinski recused himself.
2. 34 Poplar Street (William Smiley): Dimensional variance for lot coverage increase from 35.74% to 37.02% (34.94% allowed) for a 32 sq. ft. accessory shed addition. The originally advertised side setback variance was deemed unnecessary. Approved 5-0.
3. 300 Broadway (Eduoard and Lyndsey Kachelmann): Dimensional variance to install an HVAC condenser 2 feet from the north property line (5 feet required). Approved 5-0.
4. 62-64 Bridge Street (Patrick Kilroy): Dimensional variance to permit two driveways without the requisite 100 feet of lot frontage. Approved 5-0 with an additional condition to obtain driveway curb cut and physical alteration permits from the city engineering department.

Key Outcomes

• Votes: All motions passed unanimously (4-0 or 5-0 as noted).
• Decisions:
  • Withdrawals granted without prejudice.
  • 7 Cottage Street extension: 12 months granted.
  • 435 Broadway extension: 24 months granted (instead of requested 36).
  • All four zoning petitions approved with standard conditions (12-month completion and payment of noticing costs, plus the extra condition for 62-64 Bridge Street).
• Referrals: Board referred site maintenance concerns for 435 Broadway to the building official and questions about property reversion to the city solicitor.