Newport Historic District Commission Regular Meeting - August 12, 2025
Newport Historic District Commission Regular Meeting - August 12, 2025
The Newport Historic District Commission (HDC) held its regular meeting on Tuesday, August 12, 2025, at 5:00 p.m. in the Council Chambers, 43 Broadway, Newport, RI. The meeting began with a pre-meeting workshop on Accessory Dwelling Units (ADUs) led by Zoning Officer Nick Armor and Preservation Planner Jillian Chen, followed by the regular agenda which included approval of minutes, summary approvals, action items on extension requests, and hearings on several new and continued applications. The meeting concluded with a vote on a contentious window replacement application for 1 Bellevue Avenue.
Pre-Meeting Training: Accessory Dwelling Units (ADUs)
- Zoning Officer Nick Armor provided an overview of ADU regulations under state law (Chapter 17.79) and the city's zoning code. Key points included: ADUs are allowed only on lots 20,000 sq. ft. or larger for new construction; lots under 20,000 sq. ft. must use conversion of existing structures; one ADU per lot; size limits of 900 sq. ft. (studio/1-bedroom) or 1,200 sq. ft. (2-bedroom), whichever is less than 60% of principal structure floor area; prohibition on short-term rentals; separate ingress/egress required; and one additional parking space required. A loophole allows construction of a non-kitchen accessory structure which can later be converted to an ADU without a time limit. Flood zone compliance applies.
- Preservation Planner Jillian Chen emphasized that HDC should evaluate ADU proposals using standard historic district standards (design, scale, massing, siting) without regard to interior programming. Commissioners discussed concerns about long-term impacts on historic districts, precedent, and the need for clear findings in approvals.
Consent Calendar
- The commission approved four applications on summary basis, adopting staff findings:
- N-5: 89 Harrison Ave (Plat 41, Lot 288) – removal of wood screen, reconstruction of exterior stair and porch with new columns and balustrade. Approved citing standards A1, A2, A3, A4, A7.
- N-9: 118 Prospect Hill St (Plat 28, Lot 15) – construction of a 21’ x 16’ wood deck at grade and a 21’ x 10’ pergola. Approved citing standards A1, A2, A7.
- N-2: 93 Second St (Plat 9, Lot 320) – installation of a 6’x10’ prefab cedar shed. Approved citing standards B1, B2.
- N-8: 8 Seaview Ave (Plat 31, Lot 62) – replacement of rotted deck boards with composite boards. Approved citing standards B1, B2.
Action Items
- A-1: Application #2023-July-015 of Igor and Lily Sokol (232 Ocean Ave) – extension for previously approved roof-mounted solar array (60 modules) on gatehouse. Approved.
- A-2: Application #2023-Aug-001 of Salve Regina University (35 Shepard Ave) – extension for removal of 1960s and 1980s additions and architectural detailing. Approved.
- A-3: Application #2022-Oct-007 of Margaret and Sean Maloney (275 Harrison Ave) – second extension for ground-mounted solar array (162 ft from house). Attorney Dan Procini explained delays due to litigation over a carriage house. Approved.
Discussion Items
- N-1: 53 John Street (Contributing) – Christopher Fiumara proposed constructing a detached single-story garage, removing a front skylight, installing two rear skylights, new entry doors, one new window, removal of a cantilevered deck and egress stair, and a 4’x7’ rear addition. Architect Daniel Herkenrouther presented. After discussion, the commission approved with conditions: keep original double door location on west bay and restore original doors; replace sliding door on south elevation with French doors; remove the connector (breezeway) between garage and main structure. Garage height and design found acceptable. Approved citing standards A1, A2, A5 for main structure and A1, A7 for garage.
- N-6: 10 Franklin Street (Non-Contributing) – Del R&D LLC requested replacement of all windows and doors with aluminum-clad wood windows replicating existing facade. Owner Susan to Silva and contractor John Ventura testified. Asbestos testing not applicable to this non-contributing structure. Commission expressed preference for all-wood windows, but given non-contributing status and water damage evidence, approved with all-wood windows specified. Approved citing B1, B2.
- N-4: 8 Beacon Hill (Contributing) – Luke Fleury proposed converting two-family residence to single-family, adding entrance portico, reconfiguring fenestration on east elevation, replacing window in west dormer, altering south elevation fenestration, adding Juliet balcony, installing copper gutters, removing fieldstone chimneys and buttress, and demolishing buttress. Attorney Russell Jackson and architect Mark Rapp presented. However, staff reported a stop-work order due to unauthorized exterior demolition. Commission found insufficient information (no window inventory, lack of documentation on removed materials, concern over conjectural design on east elevation). The application was continued to September 9, 2025, with requirement for a full window inventory, cataloging of removed materials, and consideration of site context (including proposed garage and pool, though not yet submitted).
- C-2: 1 Bellevue Avenue (Contributing) – KHP Capital Partners (Viking Hotel) requested replacement of all windows and exterior doors in the main historic block (144 windows) due to asbestos in glazing putty and caulking. Asbestos consultant Jeffrey D’Arrigo testified that based on sampling, regulations require treating all similar windows as asbestos-containing. Commission debated alternatives (e.g., interior storm windows, encapsulation) but ultimately approved with condition that windows must be all-wood, true divided light, double-glazed with impact-rated glass as required by building code. Preservation planner Jillian Chen will work with applicant to confirm specifications; any material changes to return to HDC. Approved citing standards A1, A4, A5, A7 (with A4 and A5 noted as not fully aligned by Commissioner Moran).
Key Outcomes
- Summary approvals (4 applications): Approved unanimously with staff findings.
- Action items (3 extensions): All approved unanimously.
- N-1 (53 John Street): Approved with conditions (keep original doors, French doors, remove breezeway).
- N-6 (10 Franklin Street): Approved with all-wood windows.
- N-4 (8 Beacon Hill): Continued to September 9, 2025, for additional materials (window inventory, catalog of removed elements, site context).
- C-2 (1 Bellevue Avenue): Approved with condition of all-wood true divided light windows and impact glass; planner to review and report back if unable to meet condition.
- Continuations: N-3 (11 Chartier Circle) and N-7 (65 William Street) were rescheduled to September 9, 2025, at applicant's request.
- New Business: Staff announced transition to online application portal starting October 2025; updated window guidance on lead paint expected soon.
- Adjournment: Meeting adjourned after public comment.
Meeting Transcript
Hey, how are you? Well, so are you well by yourself? Hi guys. Do a lot of trialing on that folks up. Yeah, Ray is likely not coming. It's not coming at all. Okay. I'm back. Sure. Okay, go. Okay. So we have the zoning officer here, Nick, who you're all familiar with, who is going to kind of go into the zoning piece of it. And then I will go into the HDC piece and design, you know, after we we learn what an ADU is and what the HCC's role is in reviewing these applications, because we are going to see and we have seen an uptick in applications for accessory dwelling units. So Nick, if you want to take it away. Good evening. Yeah, will you please introduce yourself? Just for the record, Nick Armor zoning officer would say. All right. So ADUs are a thing that's been around in other states for a long time. And in Rhode Island, they were uh introduced originally as accessory family dwelling units, which had to be associated to a disabled or elderly family member. Um that was changed uh about a year ago, a little bit more than a year ago, uh, to eliminate the family relationship requirement. Uh there is still a path for uh a little bit different ADUs for truly disabled family members. Um not worth totally getting into right now, but essentially they get to go uh around some of the zoning regulations if it's truly for a disabled individual. Um so we introduced uh a new chapter 17.79 of the zoning code uh to the city council last year, and it was adopted a couple months after the state uh adopted it. And I will go through all uh pieces here. So um ADUs are only allowed through new construction on a property that is at least 20,000 square feet in size. If you have a residential lot that is less than 20,000 square feet, it must be done through the conversion of an existing structure that can be either an accessory structure or a portion of your home. Uh ADUs are only allowed on a residentially zoned lot with a residential use. So you can't put an ADU in the general business area if you have a property that's already commercially designated for whatever reason it cannot have an ADU. It has to be a strictly residential property. Um so on any lot in a residential zoning district where the ADU is located entirely within the existing footprint of the primary or accessory structure. Um ADU is allowed per lot regardless of how many units are on the property. You could have a multifamily property, but it is only allowed to have one ADU. Um ADUs are prohibited from being used as short-term rentals. That is both per state law and through the city ordinance that we passed. ADU well, short-term rentals are also not permitted in residential zones anymore, so it kind of is triply effective here where these these units cannot be used for short-term rentals. Um they can be used for month to month rentals if they're registered with the city, but it has to be 30 days or greater. Um, as far as we understand the state law and how we pass it in our code, an ADU on a property has to be on a property that all the structures on the lot are under one single joint or common ownership. So we believe that means that they cannot be on condo properties because those are not under a single ownership. Yes, the uh square footage of the lot, 20,000 square feet, not a lot of lots in our city. Correct. Or of that size. So is that an automatic knockout that says no ADU? Uh no. So we'll get into the the way that we have been seeing a majority of these right now are through a conversion of an existing structure. Yeah. Um, and we'll get to some of the there's a couple loopholes there on how they can do that. But a brand new construction, which means either building a new accessory structure as an ADU or in addition to a home that's a new construction on that addition. Uh, we have not been permitting ADUs in that way. They have to be like they could potentially add the addition to their house as just an addition and then convert a portion of it to an ADU.
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