Newport Zoning Board of Review Meeting - September 22, 2025

The Newport Zoning Board of Review met on September 22, 2025, at 6:00 PM in the Council Chambers at 43 Broadway. The board consisted of four permanent members (Chairman Wick Rudd, Vice Chairman Dave Ryler, Secretary Russ Johnson, Nicole Chevry) and first alternate Melissa Padovina. The meeting addressed several consent calendar items, five abbreviated summary petitions, two full hearings (including one moved from the abbreviated calendar due to an objector), and one appeal continued to a future meeting.

Consent Calendar

• Minutes of the August 25, 2025 meeting were approved unanimously.
• Two withdrawal requests without prejudice were granted: 34 Sherman Street and 57 Gould Street.
• A third 12-month extension request for 34 S. Baptist Street was approved unanimously.
• The sole summary calendar petition (App. #ZBR-25-81, Kevin LaFreniere, 16 Mt. Vernon Street) was approved unanimously on a consent motion, with conditions including completion within 12 months and payment of outstanding noticing costs.

Abbreviated Summary Petitions (5 items, all approved 5-0)

• App. #ZBR-25-69 – Cory McCoy, 35 Elm Street, Unit 2: Dimensional variance for a parking area (corrected to one legal space) and driveway requiring reversing onto the right-of-way. Approved with an additional condition that McCoy provide written approval from the condo association to the zoning office.
• App. #ZBR-25-77 – John Doherty & Lisa Falso-Doherty, 3 Bush Street: Dimensional variance to demolish and rebuild a rear deck, reducing lot coverage from 52% to 50.5% (35% allowed). Approved.
• App. #ZBR-25-78 – 2 Church Street, LLC, 212 Thames Street (2nd Floor): Dimensional variance to add a front balcony for an event space (Queen Anne's Loft), increasing service area by 134 sq. ft. without providing one additional parking space. The applicant testified that the balcony would have a 60-inch glass wall and no live music or seating. Approved.
• App. #ZBR-25-83 – William Deines & Danielle Chioditti, 14 Tews Court: Dimensional variances for an in-ground pool and hot tub located 5' from the front property line (20' required) and increasing lot coverage from 32.8% to 36.8% (29.06% allowed). Approved.
• App. #ZBR-25-75 – Costello Michael Gaetano & Costello Maribeth McNamara, 12 Hunter Avenue: Dimensional variance to remove a rear deck and construct a single-story rear addition, increasing lot coverage from 33.6% to 34% (29.76% allowed). A letter of support from the neighbor at 14 Hunter Avenue was noted. Approved.

Full Hearings

1. App. #ZBR-25-80 – James Dunphy, 76 Van Zandt Avenue (Re-approval of garage)

Background: This was a re-approval petition for a previously approved (2020) two-story, three-car garage that was not completed due to the prior owners' medical issues. The new owners (DVOZ LLC) purchased the property four weeks prior and found a foundation already poured. The petition sought a dimensional variance for lot coverage (increase from 15.3% to 27%, 20% allowed). Objector Kirsty Morrison (4 Prescott Hall Road) testified that the garage would block her view of the sunset and set a bad precedent for lot coverage. The board heard testimony from applicant Jamie Delivolpe (intending to use the garage for storage and a loft for her mother), real estate expert James Wool, and attorney Michael Monty. The board found hardships due to the existing foundation and the non-conforming placement of the main house. Vote: 5-0 to approve, with conditions including completion within 12 months and payment of outstanding noticing costs.

2. App. #ZBR-25-50 – 8 Peckham Ave LLC, 8 Peckham Avenue (Conversion to three-family)

Background: The applicant sought special use permits and dimensional variances to convert an existing two-family dwelling (one 4-bedroom unit, one 2-bedroom unit) into three 2-bedroom units, with no increase in total bedrooms (6). Relief required for height (35' vs 30' limit), side setback (2.7' vs 5'), minimum lot size (6,077 sq. ft. vs 10,000), density (2,025 sq. ft./unit vs 2,500 allowed), and driveway width (18' vs 24' for two-way). The applicant (Tucker Holmes) testified to gut-renovating the property, adding six off-street parking spaces, stormwater infiltration, and targeting year-round renters. Objectors Terrence Horrin (6 Peckham Ave) and James Sullivan (16 Peckham Ave) argued that the property values would decline and that developer promises had not been kept in the past. The previous owner (Jerry DeCotis) supported the petition, stating Holmes was the right buyer to maintain neighborhood quality. Real estate expert James Wool testified that five three-to-four-family properties exist on the street, but objectors disputed this, claiming only one three-family. The board discussed the housing crisis and the benefit of adding a year-round rental unit. Vote: 4-1 to approve (Ryler dissenting), with the same standard conditions. The motion cited Chapter 17.108 (variances) and Chapter 17.109 (special use permits, category one).

Appeals

• App. #ZBR-25-85 – Annette T. Pelletier and EJ Lanni, 18 Barney Street/3 & 4 Barney Court: This appeal was continued to the next meeting (no testimony taken).

Other Business

• Several petitions were continued to October 27, 2025 by request of the applicants, including: 640 Thames Street (guest house), 130 Touro Street (use variance), 22 Narragansett Avenue (roof deck), 594-596 Thames Street (restaurant expansion), 3 Butler Street (two-story addition), Salve Regina University (event center), 134 Spring Street (guest house), and 57 Gould Street (withdrawn earlier).
• Inactive petitions and appeals were noted as pending.

Key Outcomes

• Summary Calendar: 1 petition approved on consent.
• Abbreviated Summary: 5 petitions approved unanimously (5-0), each with standard conditions.
• 76 Van Zandt Avenue (Dunphy): Approved 5-0; conditions include 12-month completion and written condo association approval (not applicable here, but similar condition applied to McCoy).
• 8 Peckham Avenue (8 Peckham Ave LLC): Approved 4-1; conditions include 12-month completion and payment of noticing costs.
• Annette T. Pelletier Appeal: Continued to October 27, 2025.
• All other continued petitions (7 items) were continued to October 27, 2025 by applicant request.
• The meeting adjourned after the 8 Peckham vote.