Newport Zoning Board of Review Meeting - October 27, 2025

The Newport Zoning Board of Review convened its regular monthly meeting on October 27, 2025, with a full roster of five voting members, an alternate, and a second alternate. The agenda began with a postponement of the Protective Club application and a withdrawal of the 51 Lawrence Street application, both without prejudice. The Board unanimously approved two summary calendar petitions for dimensional variances at 12 Gardner Street and 1 Bartlett Court, followed by an abbreviated calendar approval for a revision to existing variants at 125 Old Fort Road. The remainder of the evening focused on full hearings for two significant properties: a guesthouse conversion at 134-136 Spring Street and a redevelopment at 61-63 K Street, both of which received unanimous approval after extensive discussion on parking logistics, historic constraints, and neighborhood character.

Consent Calendar

• Petition of Brian Ross (12 Gardner Street): Unanimously approved dimensional variances to construct third-floor dormers reaching 33 feet height (exceeding the 30-foot limit) in an R10 zone. No objectors were present; the petition was granted with 12-month completion conditions.
• Petition of Lynn McKesson (1 Bartlett Court): Unanimously approved dimensional variances to convert an existing commercial unit back to a second dwelling unit on a 2,250 sq ft property (below the 5,000 sq ft requirement for two-family conversion). The applicant confirmed the business closed in July. The petition was granted with 12-month completion conditions.
• Petition of Stephen and Grace Turkot (125 Old Fort Road): Unanimously approved an abbreviated summary revision to increase a previously approved rear addition by 40.7 sq ft and a front porch by 52.5 sq ft, raising lot coverage to 33.6% (from an permitted 27.4%). The Board acknowledged the slight oversight due to design communication issues. The petition was granted with 12-month completion conditions.

Public Comments & Testimony

• Petitioners at 1 Gardner St and 1 Bartlett Ct: Mr. Ross and Ms. McKesson were confirmed to be present; no objections were raised, and the Board noted the lack of written or oral objectors allowed for summary handling.
• Petitioners at 125 Old Fort Rd: Mr. Turkot testified that the revision was due to a communication oversight between the designer and builder regarding furniture placement requirements, specifically to accommodate a bed.
• A1 Roofing/Construction LLC (134-136 Spring St): David Martlin (attorney) and Sean Napolitano (applicant) testified regarding the conversion to a five-bedroom guesthouse. They emphasized that the lot is 3,050 sq ft with significant physical constraints against on-site parking expansion. They proposed a lease for four off-site spaces at 130 Bellevue Avenue and argued that the guesthouse use is less intensive regarding parking than the prior college rentals.
• Real Estate Expert (James House): Testified that the lot's size (3,050 sq ft) creates a hardship where adding parking is physically impossible. He supported the petition, noting the location is a "walkers paradise" and that future owners may not maintain the same low-impact parking management, though the current applicant demonstrated strong stewardship.
• Public Comment (Ed Shea): Initially objected to limited parking but withdrew his objection after being informed of the proposed off-site lease agreement at 130 Bellevue Avenue.
• Public Comment (Cynthia Barton/Andy Barton - 61-63 K St): Testified that the family (three generations) requires the space; the mother plans to move in full-time after renovations. She denied allegations of illegal short-term rentals or RV storage, stating all tenants have had designated on-site parking.
• Neighbor Comment (Spiro Celiopolis, 38 Everett St): Stated he is in favor of the new garage remaining at its current location (1.7 ft setback) and that moving it back would negatively impact his property.
• Neighbor Comment (Elaine Nigro, 65 K St): Expressed concerns regarding privacy, noise, and fire danger due to the new structure being only 1 foot 7 inches from her property line, though she did not formally object. She requested that existing landscaping/screening be maintained.
• Neighbor Comment (Dorothy Durdan): Voice of public support, praising the applicant's past work on the historic property and the necessity of fixing the stairway configuration.

Discussion Items

• Parking at 134-136 Spring Street: Board members debated the adequacy of the off-site lease versus on-site stacking. Concerns were raised that designating specific spots at 130 Bellevue might take them off the public market with little use. The Board decided that a half-mile radius condition is sufficient without mandating dedicated marked spots, allowing flexibility if the location changes.
• Hardship at 134-136 Spring Street: Members agreed the hardship is the physical impossibility of expanding parking on the 3,050 sq ft lot. The Board noted that the guesthouse use (approx. 75% occupancy) is likely less parking-intensive than five college students.
• Setback and Height at 61-63 K Street: Discussion centered on the 1.7 ft side setback and 33'7" height variance for the stair tower. The Board acknowledged the historic context: moving the garage back to meet the 10 ft code would disrupt a neighbor's (McLaughlin) view corridor and gardens. The Historic District Commission (HDC) had already approved the siting.
• Parking at 61-63 K Street: Despite the variance for a two-way drive aisle, Board members were satisfied that the property's unique layout (semicircular driveway and linear drive) allows ample room for six vehicles without backing onto K Street. Mr. Jackson clarified that the driveway width does not meet code technically but is functionally sufficient.
• Future Stewardship: Members discussed the risk of future owners mismanaging the properties. For the K Street property, the Board noted the new owner's mother moving in full-time would likely mitigate noise concerns. For the Spring Street property, annual lease renewal conditions were proposed to ensure parking solutions remain in place.

Key Outcomes

• Continuance: The application for Protective Club (594-596 Thame Street) was continued to the November meeting at the applicant's request.
• Withdrawal: The application for 51 Lawrence Street was withdrawn without prejudice.
• Approved Petitions:
  • 12 Gardner Street: Variance granted for dormers (33 ft height).
  • 1 Bartlett Court: Variance granted for 2-unit conversion.
  • 125 Old Fort Road: Revision granted for addition/porch expansion (33.6% coverage).
• A1 Roofing/134-136 Spring St: Approved with conditions: (1) Project start/complete within 12 months; (2) Off-site parking lease must be within a half-mile; (3) Advertising must indicate available spaces and direct parking away from the neighborhood; (4) Zoning officer must conduct a parking study; (5) Lease must be provided annually for license renewal. The Board explicitly decided against requiring dedicated, marked spots at 130 Bellevue to avoid wasting public parking capacity.
• Cynthia Barton/61-63 K St: Approved unanimously (5-0). The Board granted variances for side setback (1.7 ft), height (33'7"), two-way drive aisle, and special use permit for unit relocation. Conditions include 12-month completion and adherence to HDC site certification. The Board noted the hardship stems from existing structures and the desire to preserve neighbor views."