I'll do that right up front.

Yeah.

Yep.

Absolutely.

Okay, folks.

I'm going to open uh tonight's um regular monthly meeting of the Newport Zoning Board of Review.

Uh today is uh Monday, October 27th, uh 2025.

And uh we have our five regular voting members here, uh starting over on my left, Nicole Chevry.

Uh we have uh Vice Chairman Dave Riley, we have our secretary, uh Russ Johnson, myself, Wick Rudd, and uh we also have Bart Grimes is also gonna be a voting member.

And in addition, we have our first and second alternates.

Uh uh first also is uh Melissa Padovina, our second alternate is uh Richard Berlinzer.

So we've got a pretty much a full roster tonight of of people here.

Um what we don't have is we don't have uh uh all of a sudden a full roster of uh hearings.

Um I found out tonight when I came in that uh the first full hearing, which is gonna be for the protective club on Thame Street, has been uh has been postponed, I understand, until next month.

Is that correct?

And um at their behest, um they decided they wanted to regroup uh and come back next month.

And so um do I need to make a motion for that, Nick, uh to continue that?

Yeah, let's make a motion to continue.

I'll entertain a motion to continue that, please.

I'd like to entertain a motion to continue the application of 594-596 Thame Street LLC to the November meeting.

Great.

Can I have a second?

Second.

All in favor, please signify by saying aye.

Aye.

Aye.

Any opposed?

Hearing none.

That has been moved.

So anybody, the reason I did that at the beginning of the meeting is anybody who's here, either in favor of or objecting to the uh the protective club um variants that they're asking for um that will be heard next month, uh, not this month.

So uh I understand they got word out, right, Nick, to their folks.

So looks like that worked.

Um moving on, uh, we did roll call, the minutes of September 22nd, 2025.

Uh that would be our last meeting.

Does anybody have any comments or can I entertain a motion to uh accept the minutes as written?

Uh Ms.

Chairman had one correction if I could.

Sure.

Um it's on the last uh the last uh uh petition, eight Peckham Avenue.

Um what did I read?

It lists that uh bot Grimes was uh uh uh the member who voted against the petition, and it was actually myself because bot was not uh uh at that meeting.

Wasn't here wow, okay thank you.

We wanted that correct.

I uh I missed that.

So just want to make that change.

That's all too good about that, huh?

You're not even here and you're voting things down.

Okay.

Um very good.

Okay, so we'll correct that.

Is that it, Dave?

That's it.

That's all I saw.

Okay, very good.

Um, so that being corrected, thank you for that.

Um, I will entertain a motion to accept the the uh September 22nd uh minutes as written.

I'd like to make a motion to accept the September 22nd, 2025 minutes uh as entered into the records with the uh one correction made by uh Mr.

Riley.

Great.

Do I have a second?

Second.

Okay.

Um all those in favor of the motion, please signify by saying aye.

Aye.

Any opposed?

Hearing none, the motion passes unanimously.

Um then moving on to communications.

Um we have no extension requests.

We do have a withdrawal request for 51 Lawrence.

Uh and I will entertain a motion to without prejudice.

So I'll entertain a motion to uh uh to withdraw 51 Lawrence Street.

Is there a motion to that effect?

I make a motion to uh withdraw the application for 51 Lawrence Street and withdraw it without prejudice.

Thank you.

Is there a second?

Second.

All those in favor say aye.

Aye.

Any opposed?

Hearing none, that passes unanimously as well.

Okay, so um we do not have the uh the protective club.

They were the first uh full hearing that we're gonna hear.

So uh it looks like we've got um two other ones.

There was another uh for Salve Regina that was withdrawn without prejudice.

So we've got uh 134 Spring Street uh and 136 Spring Street, and then we've got 61 to 63 K Street.

So they'll be heard in that order.

Uh but in the meantime, we have uh two summaries and one abbreviated summary on the calendar.

So uh let's if we can get to that.

Um if you would, Mr.

Secretary, uh read in both of the summary uh summaries on the calendar tonight.

That would be great.

Certainly, Mr.

Chairman.

The first is the petition of Brian Ross, applicant and owner, 12 Gardner Street, task assessors plat 11 lot 218 in an R 10 zone for dimensional variants to construct third floor dormers on the east and west side of the third floor, reaching a height of 33 feet, where 30 feet is allowed.

And the second petition is the petition of Lynn.

Excuse me.

One one second.

Um are there any objectors here to the petition of Brian Ross at 12 Gardner Street?

Any objectors present?

Uh seeing none, thank you.

Please continue.

Yes, the petition of Lynn McKesson, applicant and owner, one Bartlett Court, tax assessors plat lot uh tax assessors plat 19, lot 139 in an R 10 zone for dimensional variants to convert an existing commercial unit back to a second dwelling unit on a 2,250 square foot property, 5,000 square feet required for two family conversion.

Uh thank you, uh Mr.

Secretary.

Uh are there any objectors to the one Bartler Court, the uh McKesson um petition.

Any objectors here?

Seeing none, are the petitioners here for both of these?

Uh is uh Brian Ross here.

Okay, thank you, Mr.

Ross.

Do I have uh Lynn McKesson?

Is she here?

Very good.

Okay.

Um seeing no objectors, and there were no written objectors, obviously.

That's why they're on the summary calendar.

Um, unless uh the board members have any any uh questions of you folks, uh I think we're gonna move forward here.

Okay.

Um I just had a quick quick quick question for uh for the second petition, Lynn Lynn McKensen.

Um I didn't know if that uh acupuncture business is still gonna be operated out of the business.

Um hold on, hold on.

No, no, you know, you come up here.

We want to do this officially, okay?

Please raise your right hand.

You swear to tell the truth, the whole truth, and nothing but the truth in his proceeding.

I do indeed.

Please please state your name for the record.

Lynn McKesson.

Okay, now you can yak away.

Um no, the I closed the office officially on the 15th of July.

Okay, great.

Uh thank you very much.

Um that's the only question I had.

Okay.

Board members, any other questions of the petitioners.

Okay, hearing none, I'll entertain a motion for both of these.

Um yes, Mr.

Chim.

On the uh uh I place all matters called as summary on the consent calendar.

Uh and as all matters on the consent calendar, I further move to adopt as a board's finding of fact, the information staff report applications supporting plans and documents, and adopt the board's conclusion of law that the petition has met their burden of proof under each element under chapter 17.108 of the newport zoning ordinance entitled Variances and Modifications.

Each petition be granted on the condition that the project be started to completed within 12 months of the decision or extension requested to the zoning office uh to expiration and all outstanding invoices delayed across the public notice and be paid in full and as a condition of recording the decision.

Great.

Thank you, Mr.

Riley.

Do I have a second?

Second.

Thank you, Ms.

Chevry.

Uh on these two summary uh petitions.

Uh all those in favor of the motion, please signify by saying aye.

Aye.

Aye.

Any opposed?

Hearing none, these motions both pass unanimously.

Uh Mr.

Ross and Ms.

McKesson, you your motions have been passed.

You uh your petitions have been um passed by us.

So you are good.

Uh good for you, and um good luck to you both.

Um as I say to everybody, you're more than welcome to stay.

It's very scintillating, but uh you were welcome to leave as well if you want to.

So uh thank you very much.

Okay.

Uh that being taken care of.

We do have one abbreviated summary tonight.

Um, if you would, Mr.

Secretary, read in our abbreviated summary this evening.

Yes, this is the petition of Stephen and Grace Turcott, applicants and owners, 125 Old Fort Road, tax assessors plat 41, lot 235, and an R10A zone to revise the previously approved dimensional variants to increase the size of the approved one story rear edition by 40.7 square feet and expand the approved front porch by 52.5 square feet, increasing the lock coverage from the approved 32.2 to 33.6 percent, where 27.4% is permitted.

Okay, great.

I'm going to uh swear you in momentarily, uh, Mr.

Turcot.

Um Nick, just a question.

I mean, why is this on the abbreviated calendar?

I'm just curious.

As opposed to the summary.

Yeah.

Just in case you guys had any questions about why the design changed uh after it was originally approved.

Oh, okay.

Fair enough.

Yeah.

I'm just looking at the the additional lock over.

It's the minimus.

Um, so anyway.

Um, yes, if you could please raise your right hand, sir.

Uh, do you swear to tell the truth, the whole truth, and nothing but the truth in his proceeding?

I do.

Will you state your name for the record?

Steven Turkot.

Okay, great.

So I guess the the overall question is is um just explain to us what happened.

I mean, you had plans as I understand it.

We approved them, and now you're asking for slightly more.

Right.

It's kind of a slight oversight on between uh speaking with the person who drew out my design as well as to the builder.

Um, it's pretty much almost a furniture issue.

Um, that we're gonna put a bed in the in that spot.

So it's all just to create a little bit more room to get on along the sides.

Okay.

And so this occurred obviously between when we gave you the last approval and then before you started building.

That is correct.

Okay, very good.

And so I'm guessing that you, you know, kind of ratted yourself.

In other words, you were you know adding some space and you said, well, we should probably get this approved, or how did that occur?

Well, correct.

Again, it was more uh the communication between my builder and who are who's helping me build and the drawer.

So it really falls on me because I didn't translate that to the final when we went to the building.

Okay.

And uh there are no objectors, so uh that's that's not an issue.

Obviously, that's why you're on the abbreviated calendar.

Um, I'll open up to the board.

Are there any questions of Mr.

Turcon?

Yep.

Seeing none, um, we'll call for a motion.

You would, Mr.

Uh Mr.

Riley.

Okay.

Um, Mr.

Chairman, on the uh petition of Stephen and Grace Turkhart.

Uh I move to adopt the board's finding of fact information and the staff reports, applications, supporting plans, and documents, testimony of the witnesses, uh, together with the comments spread on the record by the board members, and adopted as the board's conclusion of the law that the petition has met their burden approved under each element under chapter 17.108 of the newport zoning office uh ordinance, I'm sorry, and titled variances and modifications.

Uh the petition be granted on the condition that the project be started fancy completed within 12 months of the decision or extension requested to the zoning officer prior to expiration expiration and all our standing invoices related to the cost of public notice be paid in full and as a condition of according the decision.

Great.

Thank you, Mr.

Vice Chair.

Do I have a second?

Second.

All right, we got two.

Um great.

Um any no discussion.

Uh all those in favor of the motion, please signify by saying aye.

Aye.

Any opposed?

Hearing none, uh, you've passed unanimously.

Um good luck.

And um, we we hope that this is the last time we see you here.

Okay.

I'm sure I'm sure you feel the same way, don't you?

All right.

Good luck, Steve.

Uh okay.

Um, okay.

Uh we've got two more things on the calendar.

We're moving right through here.

So let's get to the number one on the uh full hearing schedule.

Um, I think this is A1 roofing.

Is that correct, Mr.

Uh Johnson?

Yes.

Okay.

You could read that in.

We'll get started.

This is the petition of A1 roofing and construction LLC, applicant and owner, 134 Spring Street and 134.5 Spring Street and 136 Spring Street.

Tax Assessors Plat 24, lot 163, and a general business zone for dimensional variants to convert an existing dwelling unit into a five-bedroom guest house without providing the required parking for additional spaces required.

Okay.

Yes, Mr.

Marlin.

Uh, yes, good evening, uh, Mr.

Chairman, uh, members of the board, David Martland on behalf of A1 Roofing and uh Sean Napolitano.

Uh here before you, uh seeking a parking variance uh for the property located at 134 to 136 uh Spring Street.

It's uh located at the uh northeast corner of Spring and uh church street at that intersection.

Uh the the property has been undergoing uh an extensive uh rehabilitation and renovation um over the last couple of years.

Um it's a mixed-use property.

Uh one of those uses is a uh five uh bedroom uh dwelling unit.

Uh Mr.

Napolitano would like to convert that uh dwelling unit to a guest house facility.

Um there which would require seeking a uh parking variance for four additional spots as a uh five-bedroom uh dwelling unit uh in that building.

Uh from a zoning perspective, it only requires one spot um for that for that unit.

Uh correction, it's two spaces.

Well, there are two two units, two for each dwelling unit.

Well, it's only historic district.

No, only on only on a specifically single family or two-family property.

You only have a one parking space requirement.

So it's two.

So two are required for this.

Going to five unit or a five-bedroom guest house, even though it's the same number of bedrooms requires six parking spaces, uh, one for each bedroom and one for the manager.

However, you're not required to have an on-site manager because this property is located in the general business district, and the use of a guest house is permitted by right.

So it's it's not a special use permit, it's a by-right use.

So we're here this evening seeking that variance for four parking spaces.

Uh there's no ability to install any additional spaces uh on this property.

It's just physically impossible.

Um basically you've got two conforming spaces, but what they they do is they stack um vehicles, stack vehicles there, so you can fit you know four vehicles on site with with the stacking um, but uh we we ultimately require a uh a variance uh submitted um in connection with this application is a letter from WRP Enterprises LTD indicating their willingness to lease four spaces at 130 Bellevue to my client.

And the way we had filed this application was we filed it as a conditional seeking a conditional approval, which was any approval for the variants would have to be conditioned upon uh having an appropriate lease in space for four off-street uh four parking spaces at a facility with within the um the adjacent area.

So that is the condition that we're we're seeking in connection with this approval.

Um the property as I indicated is located in the general business district.

Um you know, Church Street.

You you start at the top of Church Street on Bellevue.

Uh, that is a general business district as well.

Uh you've got the Hotel Viking, uh, you've got uh a private social club at the top.

You know, you go further down Church Street, you um you also have the Boys and Girls Club and sandwiched between those commercial districts, you have a residential district, which was noted in the uh staff report.

But the entirety of Spring Street in that area is zoned um general business, and the use is permitted by right.

Uh now while we're seeking uh this uh parking variance, uh what I would indicate to the board is I actually I I truly believe, and I'll uh have uh my client and Mr.

Hull testify, but the uh the the change of use I think will actually be less intense from a parking uh standpoint.

Um this uh property was uh previously uh utilized for it was essentially um college students uh renting, and then there would be summer rentals.

And obviously, when you have college students in there, you've got you know one kid to each bedroom.

Typically, they all have a car.

They're entitled to resident sticker parking.

So you've now got five vehicles that can park in that R3 district in and around that area, um, really putting more pressure on the parking than when you have uh a guest house facility, which is not allowed to park in those areas.

Um again, we are proposing to uh have a lease for spots for guests, and uh I would also point out that there is a city lot that is located about 300 feet um uh from this property down on uh church street, and uh overnight parking is uh available there um at the Mary Street lot.

Um costs $30 a night to be able to park there, but you do have um you know options in this area for for parking.

Where's 130 Bellevue?

What is that?

The Elks.

It's across the street from the Elks.

It's um uh it's the bank, it's it's the all uh behind the bank.

Yeah, it's where the Social Security Administration office is where Sarah Regan and Thayer's offices are.

Um I just realized my office used to be there.

So I should know where 130 Bellevue is.

Sorry about that, never mind.

Yeah, so they have it.

Uh from what I've calculated, they have about twice as many parking spaces um that uh they need um relative to the zoning requirement.

And obviously, they do have paid parking um uh in there as well, and they've got a management company managing that.

Have you had an opportunity that confirm that parking availability with the zoning officer?

Uh well, I I did not know about this parking lease until just now.

Okay.

Oh, it it is submitted in the portal.

I submitted it last week.

It was submitted after we published this the agenda, so I didn't have a chance to look at it.

And I wasn't informed that it had been uploaded.

Well, hold on.

So I there I didn't see a lease, but I saw a letter.

There's a letter for an agreement with them, but I yeah, I haven't had a chance to review they I'm I'm not um saying that it what Mr.

Martin is saying is incorrect that it has excess parking.

I just haven't had a chance to review that, so I'm not sure.

Yeah, I I looked at it.

Um my my wife actually leases a um a space there, and not a parking space, but it an office space.

And so I'm pretty pretty familiar with with the property.

I I looked at the size of the whole building, it's all utilized for office, so it's a pretty easy calculation on what's required.

I counted all of the spots um that were on the aerial photo, um, both uh in the front on the side and uh to the rear of the property.

Um there's uh a few right in the in the back corner, and there's a uh approximately I think a it was 50 some odd space overage, I believe is what it was.

Mr.

Martin, if you took your tape measure out from uh Spring Street property up to 130 uh Bellevue.

I see Mr.

Hole racing hands.

Do you have that answer?

175 people.

All right, I'm not gonna take my calculator out.

How far is that in terms of mileage?

What is it?

A quarter mile.

Quarter mile.

We we just looked it up.

It's 0.4 miles.

When you walk.

Yeah.

The city had this walking, yeah.

Yeah, walking.

Walking.

Okay.

We we want them to be a quarter of mile, right?

There is no statute that says how how far how close you have approved both quarter mile ones and half mile ones.

So um it's probably within the range that you've okay.

You got an idea where it's about four miles.

Okay.

All right, thank you.

Yeah, it's about I would say 600 feet up to Bellevue from this property, and then probably another 600 seven uh or maybe a thousand feet.

Uh can I ask clarification on another question?

Uh, and and maybe this is a question of Mr.

Armer.

Uh I the issue has come up before, but parking in Mary Street parking lot, which is a municipal lot, which is I guess technically supposed to be parking for people who are doing business and thames in spring.

Uh is it allowable overnight parking for guest houses?

So the Mary Street Law does allow overnight parking.

There is no official allowance for a guest house to be able to claim spaces there.

The confusion has arisen from a section of our code that says that a transient guest facility, which is a hotel, can come into an agreement with the city council to create additional spaces at a city-owned lot for the purpose of being the parking spaces for that transient guest facility.

They can't just claim spaces, they have to actually create spaces at the lot.

And that's not what is being suggested here.

I think Mr.

Martin is just saying that it it's in close proximity if an overnight guest wanted to pay the Mary Street lot overnight cost like anybody else would but they cannot claim the spaces there as satisfying their parking requirement of of John Q public in Newport who wants to park there and they can't because of someone's got an arrangement if you will correct yeah the the city council I I'm sure would not come into an agreement with a guest house owner to reserve spaces for a guest house at the Mary Street lot.

It literally says hotels can create spaces but it has to be approved through the city council.

All right they need to get busy I guess all right thank you.

Yeah and I and we weren't suggesting that we had any arrangement relative to the the Mary Street lot I was just simply indicating that there is parking available there on um whatever basis the right you what you're saying is if the guests want to pay 30 bucks a night and be a little closer they can do that.

That's correct at their discretion you're not reserving spaces but you do have the reserve spaces up at 130 correct that's correct what you're intending on doing yes okay and so to that extent you would provide directions to your guests to go to the location on Bellevue it would be on a on the guess's due diligence to discover the Mary Street lot.

Yes absolutely uh ms Mr Napolitano um also owns another uh facility um uh just around the corner uh that it's also uh happens to be a five bedroom uh guest house um and you know he he lets all the guests know in in advance you've got three spots on this property uh in in which you can park you know we've we provide on site parking for those three vehicles beyond that it uh he he tells them where the where they otherwise need to park okay and are the spots on Bellevue dedicated parking spots just for this lease will they be they would be yes okay yeah that that's yet to be put into uh into writing you know we've we've got an agreement to do it you know what once we get through this process if we get approved well then not in terms of like the lease but like a sign at the actual physical spot that says this belongs to the guest house so no one else could part there that's what we would be looking to build into the lease agreement okay uh that we would then provide to the city I'm tracking thank you okay other questions did you want to continue Mr.

Marlin?

Yeah I've I've got uh Mr.

Napolitano here to answer any questions the board might have I also have Mr.

Wool uh who's prepared a report uh that we could submit and and to have his testimony um uh but I leave it to the board to um you know if you if you want to hear that testimony I sure I did have a uh uh quick question or Mr.

Marlon actually more of a clarification um I know that it's noted that we uh approved the uh second floor deck back in 2024 that's correct um was the configuration different for that apartment or have there been changes made was that always a five bedroom on the second floor or I don't believe there have been any changes but let me ask uh Sean to come up um okay uh yeah I don't want to misspeak because one of my concerns is that um he can come on up uh is that um a longer term rental um versus a short-term rental on those decks uh I know that in 2024 there was uh one objector that came up who I don't think is is uh here tonight uh or is objected but uh they were concerned with noise and all that and certainly um with a short-term rental uh you have the you know different folks are going to be in and it it could be a uh a louder uh representation on that deck than perhaps a uh longer term tenant so I just wanted to get some clarification on that meaning that when we approved it in my head I'm thinking it's going to be just a regular rental not a a short-term rental and then the second part of that is you know this other this one or two other apartments in here in addition to the five bedroom there's one more right or two more there's uh whole hold on yeah please Sean um do you swear to tell the truth the whole truth and nothing but the truth in his proceeding I do please state your name Sean Napolitano okay carry on so there is one other unit on the first floor uh one bedroom studio apartment but that is probably gonna be or in negotiation speak a little closer we're in negotiations right now to have one tenant take over the retail space and then combine that studio apartment that's in there they want the whole first floor so that would no longer be a residence for that purpose they'd have they'd use it like a conference room or something like that.

They want the whole first floor.

So that would no longer be a residence for that purpose.

They'd have they'd use it like a conference room or something like that.

Okay.

I I'm just trying to see if there's a perhaps another uh thought of using that down the line as short-term rental as well.

I was just trying to No, I don't I I I think what we've done, you know, getting back to your question to Mr.

Martlin as far as changes to the second floor.

So originally there were six bedrooms in that second and third floor, but then after walking through it and realizing that there wasn't much common space, I kind of ripped out all the walls that were in there and reduced it to five bedrooms already because it made more common sense, and then it provided a really nice common area.

And getting to your point of the deck, um, the people that we rent to, uh, we don't rent to bachelor, bachelorette parties, any of that.

We're very discreet in who we rent to.

We were looking for a family non-partying client, and we put that right on what we advertise on our other guest house.

Um, and so we run a high-end operation that doesn't promote any of that riff raff that you would think otherwise from a short-term rental.

We don't work with Airbnb.

We only do vacation rentals by owner.

So it's a higher end.

Um, so you wouldn't see any of that, and we don't tolerate that.

So do you manage it, Sean?

Are your company managed it?

We personally, yes.

Okay.

You you actually have a rooftop deck on your your other rent.

Is that correct?

I do.

And have you had any complaints in terms of noise or any issues related to that?

Never one.

Is that the one further down on Truck Street?

46 Church Street, correct.

Yep.

What are your plans?

Uh do you plan to use the guest house as a guest house year-round, or are you just doing a summer thing and then quite a long-term rental in the winter time?

No, it'll be a guest house year-round.

Year round.

Yeah.

Okay.

And that's a that's a good point.

What do you what are your projections for the the overall occupancy rate at that guest house year round?

I mean, taking into effect the summertime, which you I assume you expect to be mostly full then, and then in the winter time, not as much, right?

It's probably around if it if it operates anything like the other guest house that we have, probably a 75%.

Like I said, everything is to the very high end, and um that's what people want.

I mean, all the bedrooms have their own bathrooms, and yeah.

Right.

No, that's pretty good.

I think we had one where they were looking at maybe 65, maybe 70 tops.

So yeah, okay.

Um I taking into account the winter time, because it's the it's less full of that.

Yeah, so January and February, those are the two months that it's basically dead.

Um, but other than that, it's it's pretty um pretty busy.

Yep.

Okay.

Other questions, board members, or Mr.

Palitano?

Yeah, I do have a question.

I was wondering if you could speak to the hardship on the lot with being able to either get parking spots on there or or not be able to.

I heard Mr.

Martlin say that it was physically not possible to add spots.

Well, it's physically not possible because there's you're only allowed to count for two spots, although we could park four cars there.

But generally how I do it at the other guest house that we have is I just tell the people up front, we have three spots for you, and they bring three cars and they stack, and it's never been a problem.

So when they know ahead of time, it's not, you know, we don't say, oh, bring five cars, you know.

We just make it clear and then they plan and everything works.

Okay.

I think the staff report mentioned that there was some open space in the backyard that was available.

Um was wondering, can you speak to what that is and how it's currently used?

Um there's well, there's gonna be as I said, room for four cars with the stacked parking, but there's really not any open space other than what will be used for gardens and walkways.

Okay, because we're gonna have some of those there as well.

Okay, thank you.

No.

Almost at right now.

Okay.

Good.

I think we're good.

Did you want to bring Mr.

Hole up?

Or well, there's one other thing I'd like to add, if I could.

Absolutely.

Um so we had one objector, and he's a good neighbor of ours, and he said that he just wanted to make sure that we had an agreement in place for off-site parking, and then he was going to drop his objection.

He's here tonight, so I don't know.

Okay.

And yeah, I I forgot to ask about objectives, but uh, we'll we'll get to that.

And if he wants to speak in your favor, he can do that too.

So that's fine.

Yeah, we read the letter, so yeah, we're we we could assume that we're aware of that.

It was um a conditional objection, I think is what you're you're saying.

Yes, and he didn't know about the off-site parking spot.

So we him and I spoke a I think two mornings ago, and um then I indicated this, and he said he did he wasn't aware of this, but now since he is so very good.

So I do I do have Mr.

Hool here uh who's uh prepared a report.

If I could ask uh Jim to come up and if he's prepared a report, we're gonna have to hear at least the highlights.

So come on up here, Mr.

Hole.

They are highlights.

All right.

Please raise your hand.

Do you swear to tell the truth, the whole truth, and nothing but the truth in this proceeding?

I do.

Please state your name.

James Hool, H O U L E.

Very good.

And we, of course, um, you've been an expert here many times, so I don't think there are any objections to that.

Um you being uh denoted as a real estate expert.

So we will we will continue to do that.

Uh if I may approach, I've got copies of his report I can hand out.

Sure.

Sorry, I missed the deadline to get it to you earlier.

That's okay.

You're gonna give us some highlights and then we'll yeah, I mean, I think that really Nicole's question about the hardship is really important.

It's a 3,000 square foot lot is 3,050 square feet, and the footprint is almost 1400.

So you only have about 1600, 1650 square feet that you can that is open area anywhere on the lot, and the the parking area is obviously even less than that.

So you are um you're really handicapped by the fact that you just can only fit, as Sean said, those four cars that are that are back to back coming in off of church street.

You're not gonna get any other space.

So the the building has been there since 1700.

Parking hasn't been an issue, you know, it's it's operated with the same three units.

So, you know, the reality is the hardship is just simply the size of the lot and the inability to get out of the parking.

The other thing about it too is one one of the points that Sean made about the high uh occupancy rate, I think is really due to the fact that this location is unbeatable in terms of short-term rental.

You know, we made I was here testifying when Sean got approval for 46 Church Street, and one of the points that I made is that if you look at the walksquare.com website and put it in, this is almost a hundred percent.

It is like a 97% walker's paradise.

You can't ask for a bit of location within the center of town.

So I think that actually shipping the parking half a mile, quarter of a mile, whatever it is, away is actually helps out and it forces people to actually just walk without going to get their car.

It's easier to walk than to do that.

Right.

So I I think really those are the the two points.

It's not gonna upset the neighborhood.

It's already a five-unit, uh five-bedroom, as Sean said was six.

You know, if you're attracting singles during the winter and doing month-long summer rentals in the summer, you're gonna likely have more uh activity in terms of both I think both in terms of noise, but also in terms of the traffic than you're gonna have.

So I I think actually it's um you know, it easily conforms to the standards that are required.

May I ask a quick question here?

Sure.

Um Mr.

Houle, the with the five-bedroom guest house.

Generally, how many people would drive uh to a five-bedroom guest house?

Would there be five cars?

Would it be ten cars, one car?

What do you think?

No, we're not gonna you're not gonna have five cars.

I think that Sean could probably testify better on his experience right around the corner.

But my I would think two to three cars.

Yeah, yeah.

Dave, you were talking about that earlier too.

Yeah, we're very clear and straight up with the people, and we just say, hey, this is what we have.

And they make they make it work, you know, because they want the experience of being in the center of downtown, and to tour by walking all of the um different historical buildings and that kind of thing.

So like I said, that other one is three cars, and that's what they have.

And is that typically what people bring?

Uh well, I think they bring it based on what they have available, and we tell them what they have available.

And you know, there are some other off-site parking spots, but that's just never been asked for more parking.

Somebody I think of maybe it'd been Mr.

Martin suggested that uh you'd be uh focusing on families, uh that kind of thing.

And would would families bring that many cars?

I've never seen it.

I've never seen them bring bring more than three cars, but then again, we only provide three spots at our other location.

Yeah, I'm just trying to get a reality check.

What what does it really mean?

Do we do we really need all those spots there?

I I well my personal opinions, I won't bring those into play on what uh it's not realistic for every person for each bedroom to bring a car.

Got it.

Now, I don't know if that's due to outdated code or whatever, but it's just not a real it's not reality.

People don't do that.

They all drive in five different cars.

Yeah.

Yeah.

Well, I've got four cars at home, right?

I got four bedrooms.

It's my wife, myself, the two kids.

We've got a house up in New Hampshire.

You know, when we go, we take one or two cars.

You know, they and we'll we'll meet up.

My son will come back from school, he'll jump in in the car, or he'll go up with his sister.

So I I think typically when people are traveling, they do try to reduce that that that footprint.

Yeah, my sense is that the the city ordinance might is somewhat uh restrictive uh and not real always realistic.

That's my student my feeling.

Mr.

Chair, Peter Friedrichs from the solicitor's office.

Could we get some information about the layout at 46 Church Street?

Just you'd mentioned layout in uh the church street.

Just as a comparison, how many bedrooms is that one?

Well, we we did that case.

That's it.

We we it's five bedrooms.

Exactly the same size, five bedroom.

Okay, thank you.

We we adjudicated that last, I think two years ago, maybe was it five years ago?

Wow.

Okay.

Before my time off.

I marches on.

Okay.

Yeah, no kidding.

So everything that's been we've been through since then, interesting.

Um, so we would the way I understand this is in real estate ease, what you're saying from a number of different standpoints is that this property, the way you want to use it is its highest and best use.

All right.

Meaning that it's gonna be less parking as a guest house used according to what you said, Mr.

Marlin, relative to having five salve kids there with five cars, right?

Um, you know, I've used this uh uh illusion before the 67 Red Sox, you know, 25 players, 25 calves.

You know, it's the same thing as with when you get kids that are going to college, they all come down with their car, right?

So you don't have that, you've got families coming down to your point.

You're not gonna travel with four cars, you know, to come to Newport from you know, New York or or Boston or something like that.

You know, you're gonna consolidate, correct?

And uh the other point that that I'm hearing is that um the way that it's being advertised is is you're telling them based on your experience with Church Street, this is what we have.

So, you know, prepare for this.

Okay, otherwise, you know, you're on your own if you want to bring more cars.

So you're still gonna get that parking.

That's gonna be contingent upon this as far as I'm concerned.

Okay.

But um, do you think it's gonna get used a lot?

I mean, I wonder, you know?

No, it's gonna tie up empty spots.

Yeah.

Okay.

Fair enough.

Um that's all I have.

Um did you want to say something else, Mr.

Hole?

No, no, really.

No, it's the only point.

I just would like to add to that whole conversation, though, is that the property is is the one that's in for the for the variants here, uh, not the owner.

So should you decide to sell this, um, and we grant this, you know, with whatever we do for parking, uh, you sell that, then it it goes along with that.

So there is um a concern that how you rent it may not be how someone, the next owner might you may tell me you'll never gonna sell it.

I understand.

I'm just I'm making the point uh that you know that it that it's not you, you know, we're you're being very credible as far as how you're gonna operate this and and you know uh what your experiences with parking and how you're gonna manage that.

However, you know you sell it and uh you have to look at that.

If you sell it, then the next person will benefit and may not be the manager that you're gonna be.

That's I'm just making the point.

Fair enough.

And and uh Mr.

Johnson is making a good point because um we we have been hoodwinked in the past, okay, when we give a variance of someone and then they're they're promising, you know, uh that they're never gonna sell the property, and then it's you know, six months later it's gone, you know, now that they got the zoning and uh and the uh and it it raises the value of the property, quite frankly.

We know that.

So we need to be careful about that, but um I I appreciate your asking that question.

But you know, you're a lifelong resident Newport.

I don't, you know, my sense is you're not going anywhere.

So I'll speak for myself.

Anyway, um any more questions of Mr.

Napolitano or Mr.

Hulk.

Did you have anything else?

I I don't have anything further.

I know that uh Mr.

Shea is here.

If uh oh, okay, the uh the the neighbor?

Yes.

Okay, yeah, um, that's fine.

Mr.

Shea, please come on up.

Was there a legal comment over there?

No.

Uh just discussing possibility.

Please raise your right hand.

Conditions.

You swear to tell the truth, the whole truth and nothing but the truth in this proceeding.

I do.

Please state your name for the record.

Your name is Ed Shay.

Okay.

And uh Ed, you had originally written the letter of objection, is that correct?

I objected to the fact that little limited parking.

Gotcha.

But Sean came up with the 130 Bellevue Avenue.

And if that's fine with me.

Okay.

As long as it doesn't interfere with Spring Street.

Spring Street's a mess for parking anyway.

No.

It certainly is.

But I have no objection to 130 Spring Bellevue Avenue.

Okay.

Good.

So your letter of objection, you're basically withdrawing it right now.

Okay.

Any questions from the board?

No, you don't.

All right.

Great.

Thank you, Mr.

Shay.

Appreciate your time.

Hi, Mr.

Chairman.

Yes.

Um I I uh had written up some conditions that from based on the hearing here and looking at the report.

And I don't know if you wanted me to sort of go through those while the meeting's still open, so they if they have any questions, they can build those now and then and and then uh and then we can vote on them.

But but they would be conditions that would be uh typical that we've applied for the guest house, uh guest houses who are looking for uh uh off site parking.

So that's fine.

If that's okay with you guys, we'll have Dave uh uh just talk about the conditions that we want to incorporate into a motion in the into the petition.

That makes sense.

That makes perfect sense.

If you guys are okay with them and then the rest of the board members are, then we'll move forward.

Okay.

Okay, so no uh number one.

Um the lease parking must be within uh one half mile of the guest house.

Condition two, the parking must be designated specifically to this guest house.

Uh number three advertising and leasing agreements must indicate the number of parking spaces available, and that the rent is would be directed to park there and not in the neighborhood.

Um the zoning officer will need to conduct a park a parking study uh of the proposed leased uh parking spaces.

And number five, all of these conditions would be required for the variance and be provided to the city on an annual basis for the renewal of the guest house license.

Is that okay?

No.

It's all right, you can come up if you want.

You're still sworn in.

Could could you just repeat back condition number three, please?

Mr.

Riley.

Yeah, uh, yes, I will.

Thanks.

Uh advertising and lease agreement must indicate the number of parking spaces available, and that the rent is would be directed to park there and not in the neighborhood.

Or on or on the uh property.

So I discourage additional cars on the property.

So I don't want to.

So I'm I'm gonna promote additional parking off site when normally I discourage, you know, like I say bring uh three cars for my other property.

So right now I'm gonna encourage them to all bring down five cars.

Is that the way that reads?

Oh, of course, no, we do not want that.

No, you're just telling them not to park on the street, basically.

Yeah, that I think that's where you're getting all right.

But there's there's part of that right there where it it says that we're gonna somewhat promote parking, like these four additional spaces somewhere else.

I mean, it just I think the intent of the condition is to clearly advertise to tenants what is available parking-wise and what is not, and discourage them from going on the street, or for example, using like Mary Street Law too, saying that there's on-site parking, we have these additional spots up on Bellevue, otherwise there's not really other great options available.

All right, I think that's the intent of it.

Yeah, that makes sense.

Okay, good.

And can I just add one quick thing on that?

Is you know, because we only recognize there being two on-site parking spaces legally under the code, we don't want to see an advertisement that essentially says you can park four cars on here for this guest house use.

So you could you know say something like we have two on-site parking spaces and we have four off-site parking spaces should you bring more than two vehicles, something along the lines of that in an advertisement.

We're not saying bring six cars or telling you to tell your guests to bring six cars, but say that you have leased parking for them to park off-site, but the site technically only has two legal parking spaces.

Uh Mr.

Riley, when you're referring to the zoning study, you're referring to the zoning officer confirming that the leased parking spaces are excess beyond what's required at the host property.

That's correct.

Okay, thank you.

Does that make sense?

Yeah.

Uh yes.

Yeah, that makes sense.

Okay.

Yeah.

Mr.

Orley, could you reread that the uh record so I can hear it as understand it as well?

Um I rereading the number three.

Yes.

Yes.

So I'll reread it, but again, the point uh could could I maybe take a stab real quick quickly based on on what I heard is that we will um advertise that there are two on-site spots available uh that we um discourage bringing additional vehicles, but uh in the event there are more vehicles uh that are brought, there are four spots available off-site, and you know, uh let them know where those spots are.

Is that you also want to make sure we want to discourage people from parking in that neighborhood as well, so that two spaces is all you got on site, right?

So it if you don't discourage them, they're gonna find a place on church street.

Well, they can't.

I mean, that isn't that sticker parking.

They're not getting stickers, are they?

No.

So there's no overnight parking there, anyway.

Okay.

That's correct.

So I you can.

I it's not a I I wouldn't I don't that doesn't bother me because there's gonna be no part.

That's neighborhood parking.

That's that's sticker parking parking.

Sticker parking only lasts um from I think it's May 1st through November 1st.

So for the even for resident sticker areas, so I understand.

Though there's obviously less parking demand during the reasons for that.

There's less people here.

Yeah, yeah.

So Mr.

Chair, can I ask a question?

Um, where will the tenants on the first floor park the commercial use?

The commercial use.

Well, the uh presently though they they use the street parking.

Um that then that's what is otherwise available.

Yeah, but that's generally during business hours, right?

So you can park there, it's generally on Spring Street around here, it's like an hour parking, I think, is what you can do.

Yeah, there's yeah, there is limited uh parking on spring, it is hour restricted.

And then if the studio apartment remains if the studio apartment remains, yeah.

I I understand there's a possibility that uh the commercial you may have a commercial tenant who takes over the entire first floor and there's no studio apartment, but if all went according to the current plan of one studio bedroom apartment and a commercial tenant, I'm just wondering where all these folks park.

So again, there are there are there's if you stack cars, and I know that the city doesn't like to see see that, but that has been what has been done on this site for years, is that there are four you can fib four vehicles stacked.

And none of those were, and that was all four residents who were tenants renting living spaces.

And the and the um the the individual who ran the uh the retail spot, uh I believe he parked back there as well.

Sean, you have a yeah.

So believe me, I'm I'm happy and I'm grateful and all of those things, but this doesn't make a lot of sense because in reality, when these people rent, and I'm gonna discourage the parking.

So I'm gonna tell them that we're providing four off-site parking spots that are 1200 feet away, instead of they can park for $30 a night, 300 feet away at the largest parking lot, public parking lot in the city of Newport.

This makes, you know, like, and I'm gonna dedicate those spots so nobody else can park in them up on Bellevue Avenue.

I'm gonna put a sign up so nobody else can park there, they're not gonna be used, and I'm gonna discourage additional parking.

But in the event somebody needs to park 300 feet away is the largest city parking lot that they could just pay $30 a night.

This makes like I'm not trying to take this off the rails right now, but it just doesn't make sense.

And if it doesn't make sense, but we'll I mean I'll provide, I'll keep it simple.

We'll provide the all four off street parking spots 1200 feet away, and we'll designate those with signs.

Uh something's broken here.

Well, no, there's there's the law, and then there's the reality of what people are going to do.

We all understand that, you know.

I mean, so if they want to spend $30 a night to park on the Mary Street lot, good, good, have at it if there's open spots there.

You're you're letting them know that.

That's fine.

You know, you're also letting them know that they've got four spots that are dedicated 1200 feet away at 130 Bellevue.

And then guess what?

When they come there, they're gonna find out that there are four stacked parking spaces there, okay?

You're not gonna have somebody there telling them they can't do that if they've got two cars that are from the same family.

You know, they can stack them.

I mean, that's what that's the reality of it.

You know, I mean, uh, we I we get that, but in terms of what we put in here, you know, that's the law part of it.

So that's what we're gonna and and with respect to that the the one bedroom unit, I mean that that would be a long-term rental.

Uh the individual would uh probably have a a parking sticker and would park in the in the surrounding area, and as was done previously.

Right.

So thank you.

And I would just like to say that for that conversation we just had, and to echo the chairman's words, it is the law.

Uh it is consistent with what we've done in the past with these requests.

And whether those will ever get used or not, it it also addresses the concern I raised earlier about um future use for that, that that is in fact is in effect that those spaces would need to be available, whether they ever get used again or not is a valid question, and I understand that, but it it meets the criteria that we're here to enforce.

And uh uh that makes me feel uh like we uh we've satisfied that.

Yeah, I mean, you know, again, not to belabor this point, but the fact is is that in reality, what's probably gonna happen is those four spots at 130 Bellevue aren't gonna get used that often.

You know, I mean, that's what the but that's what the law says.

So that's what you have to do.

So that's what we will do.

And um, you know, I mean, sometimes the law uh, you know, they you have the unintended consequences of these things.

And so to your point, or I think you said it, Mr.

Marlin, it's gonna take four spots off of the off the market up in 130 Belving Avenue, you know, that maybe you could use for some other purpose, but that's what we have to do.

So that's that's what we're going to do.

General business, you have by right.

Um, the guest house use is by right in the general business zone.

So really we're just dealing with the parking here.

That's the issue.

Yeah, sure, of course.

This will be my last thing that I have to say on this.

So I guess my only point if I think about a solution going through is that the spots up at 130 being labeled for those four empty spots, I think the condition, like, do they have and they can be labeled, that's fine if if that's what you require.

And but for them to be labeled because otherwise they're useful spots because I'm a born and raised New Porter like a lot of you are also, and we see the influx of cars that come into Newport during the summer months, and it's pretty much unsupportable, you know, like the amount of so we don't want to encourage more cars.

So now there's going to be four empty spots with signs on them up in 130 Bellevue Avenue.

So that would be the only thing I guess from a common sense standpoint, them being marked out as designated for this particular property.

I don't think that makes a lot of sense.

And does it still meet the requirements of the law?

They're up there.

We have a lease in place, but do they have to be marked out and dedicated?

Yeah.

No, I I understand exactly what you're saying.

And to um to Miss Chevry's point.

Um, but maybe there's a way around this.

If you don't have markings on that, generally speaking, um, you're going to have more activity at 130 Bellevue during business hours.

Okay, because that's what that is.

So your people that are coming in, they're gonna want to park their cars overnight.

I don't think there's going to be as much activity at nighttime.

Although there are going to be people wanting to come in and go to restaurants, but not overnight, is my point.

They come in and then they leave too.

So I I would be myself personally in favor of not having you know designated four spots that are just going to sit there empty year round.

Okay, it's basically to your point.

Correct.

Yeah, I understand that.

So I think the reason why we've done dedicated spots in the past is because you have these lots that are open to the general public, and so now we're leasing spots, but that someone from this rental comes to go use it, it's not available to them because it's been given to a general public.

Right.

I I think if they put in the lease that they there's a guaranteed spot, you know, and then I think that that would satisfy me.

I don't think they have to be marked.

We've done this in the past where we have not done that, where they've they're saying that there is a guaranteed spot, but it's not a designated with the nameplate on it that this belongs to these, because then that those are four spots that are forever not, you know, gonna be used for anything else, to your point.

It's just wasted.

So I'm just I'm thinking about the city of Newport and not my situation because I'm gonna meet the requirement regardless, but it doesn't make any sense to have four spots with nameplates on them completely tied up, and they're not gonna be used.

Probably there's a there's a 90% chance they're not gonna be used because they know if they want to pay $30 and they want to go 300 feet away to the Mary Street park lot and park overnight, they can do it.

Right.

So I I throw that up out to the board for you know to chew on, but um, I I would be in favor of just not having you know, having having them be specifically designated, just designated four places in the lot that they have.

And I think that that for me that would be sufficient.

I can't imagine a situation in which they wouldn't get a spot if they wanted to go up there.

Um just uh one one point that I would make, uh, just comparing this to other properties that we've dealt with the um the lease spaces.

A lot of those um parking lots that people have leased from have had limited parking and maybe only an excess of the exact number that we needed for a use like this.

Um, you know, again, I haven't had a chance to evaluate 130 um Bellevue, but it it is likely that it has a significant number in excess, and that um, you know, the places that only had four excess parking spaces, I saw a need to have dedicated marked parking so that those those people had those spots were here, given that there's likely a huge overage of spaces, uh, it may not be as necessary at that location.

Okay.

Fair enough.

You know, I I'm just concerned uh if there's a point, Mr.

Napolitano, uh one of your uh guests come up there and look for a spot and then one doesn't sh exist as an example.

Um Nick, I don't know if I mean I I understand you know it's it's highly likely those spots will will remain empty.

Um I mean, could we try not to sign putting us putting a sign on them and and see if it works and if it doesn't work, then we could regroup I mean re examine the matter, then sign up.

You know, I I think of the elk because when I walk into the oaks, every like everywhere you walk in there, there's a sign.

Yeah, yeah.

You know, um and no cars parked in it.

And and and that's right, there's no cars parked.

Um so it's a bit of a quagmire here.

Um so I I I don't personally don't want to put a burden on on Mr.

Uh uh Napolitano to put a sign on there, but I I think we should keep an eye on it and and make sure it's it's it's doing it's what it's supposed to do.

And then we have a chance to do that every year when the lease comes in.

So some questions can be asked too at that time.

There they have to they have to come renew, make sure that we see the lease every year.

That's we yeah, we will require the lease for the the parking spaces every year.

We don't typically ask questions on how are those lease spaces working for you.

So we don't go beyond just checking that they have the lease typically.

Um I mean But if he's you can try to get anecdotal information from your guests and find out if any of them are actually using the spaces, but well, not but yeah, but I mean if there are issues, I mean he could say Sean could say something to you, you know, when they're when they're you know giving it to yeah, there's issue or oh, everything's fine.

Well, yeah, I I would be fine with that.

Just you know, just not make it part of the um part of the petition.

But just if you could do that, you know, I mean that would be great.

Yeah.

Um we need to satisfies me.

Excuse me.

Do we need to modify any of the condition that Mr.

Riley wrote in with this latest conversation?

Um I believe Ms.

You want me to take a note.

Yeah, Mr.

Riley's uh condition number two was to dedicate those spaces to the guest house.

I'd eliminate that one.

Yeah, yeah.

And I would put I'm sorry, I would put on the first condition for leased parking uh spaces must be within a half a mile of the guest house.

Okay.

That sound good.

I think that makes a lot of common sense.

What at 130 Bellevue?

And a half mile.

Yeah, we we've done it in the past where you leave it a little bit open in case something happens at 130 Bellevue that he has to find another location.

So as long as you state that it has to be within a half mile, we can evaluate another location if necessary.

Right.

We will yeah, we could give you a flexibility to find a parking wherever you can find parking.

Good luck.

Within a half mile.

Yeah.

Great.

That makes sense.

You know, it it it this is just a general comment.

This what we're talking about here is a parking requirement.

And so it isn't this is an exception to the law to the rule.

We're working on all give granting an exception here.

Right now, the law said the zoning ordinance says you need to have this parking on your premises, period.

So everything we're doing here is sort of an exception to those rules.

So and the parking as uh the uh objector uh mentioned on Spring Street is uh is a mess, you know, if you need to park there.

So we need to make requirements if you are having a guest house to have this parking.

So I do think that that if there's plenty of parking at this other place.

Um the um okay.

So I'll read these in.

When we do the motion.

Um yeah, or are we done?

I think so.

Closing statement.

Okay.

Uh no, I'll um I'll forego on a closing statement.

Thank you, Nick.

It's been an ongoing closing statement.

That's what we've had.

So we've been closing this statement for about a half an hour.

But we're doing something that makes common sense.

I I agree.

Thank you.

You know, you're right.

Absolutely.

So okay, good.

We're gonna finish off the testimony part of this now and go to a motion if we could, Mr.

Riley.

Okay.

With the modified conditions.

Please.

Yep.

Um let's see.

Um on the petition of A1 roofing and construction LLC.

I adopt as the board's finding a fact, the information staff report, application, supporting documents and testimony of the witnesses.

Um the representations of council together uh with the comments read on the board, uh spread on the record by the board members and adopt the board's conclusion of law that the petition has made has met their burden of proof under each element under chapter 17.108 of the new board zoning ordinance entitled Variances and Modifications.

Uh the petition be granted on the condition that the project be started substantially completed within 12 months of the decision or extension requested to the zoning officer prior to expiration and all outstanding invoices related to the cost of public noticing be paid in full and as a condition of recording the decision.

Um and the following additional conditions would apply um for leased parking uh spaces must be uh within a half a mile of the guest house.

Advertising and lease agreements must indicate the number of parking spaces available and that the rent is would be directed to park there and not in the neighborhood.

Um the zoning office uh will need to conduct a parking study of the proposed lease parking spaces, and all of these conditions would be required for this variance and be provided to the city on an annual basis for the renewal of the guest house license.

Um great.

Do I have a second?

Second.

Thank you, Miss Chevry.

Bart, you weren't here last meeting.

I'm sure you're chopping at the bit to be our leadoff man again.

Yeah, I was going to sign him from home.

But anyway, um, yeah.

Uh I I'm I'm gonna vote uh to to approve this petition.

Um you know, it's interesting.

Uh it was mentioned during the testimony that the the city um uh ordinances indicate there's supposed to be on site uh uh parking for these guest facilities.

I don't think uh I'm gonna live long enough to see this.

Um so we have to we have to be creative and and I and I think that uh Mr.

Napolitano uh became creative.

He was able to get a a lease.

Um uh as long as these conditions that are raised are satisfied.

Uh I uh I I'm okay with the the our discussion uh with with this project.

Uh I again I just want to reiterate the the matter of the hardship.

Uh uh there there is there were several hardships here.

One one of which is you know, obviously uh there's no parking.

There's there's no on-site parking available.

And again, it's a very small lot.

Um I also believe that uh, and it took me some some thinking about it that this five-bedroom uh guest house will probably be less intensive on parking.

It took me a while to to actually get get my hands around it, but I I do believe that.

And I think in some ways, um uh conditions will actually be better.

I do have a sense, uh one of the concerns that this board has uh is that uh we we worry about guest houses being party houses.

Uh if you look at this facility, uh I I don't think that the uh the the uh petitioners uh would want a party house because they're putting a whole lot of money and renovating this this historic uh building.

Um and um I I do get a sense that he'll he's gonna keep an eye on it very carefully.

So um so anyway, I won't go on for an item, but uh I I would vote for uh to to support this petition for for this and many other reasons.

Uh great, thank you.

Uh um Bart, I appreciate that.

Uh who else wants to go?

Ms.

Sherry?

I'll go, yes.

Sure.

So I think once you iron out the minutiaes with all these conditions, it's this is a pretty straightforward petition, especially when you've removed the objection.

There is a clear hardship with the land with this lot being undersized.

The house was built in a time period where parking and the cars are aren't what they are now.

And so there's really no way for you to get the the parking that you need on here, this site.

But combine that with this being in the general business zone, it's a buy-right use for the guest house.

I I think it's pretty straightforward that to approve this application.

I agree with your sentiments.

I think we're uh robbing Peter to pay Paul with these parkings.

I don't think it makes sense long term.

We've talked before on this board about how we're creating essentially a hurricane with this parking situation in the back of my mind.

I I hear Mr.

Wool always saying there's other cities out there in this country that have waived these parking requirements because it doesn't make sense.

Um so I look forward to uh any potential solutions that the city council might have um in the meantime uh on the zoning board, we're we're juggling these situations on a case-by-case basis.

And I I think in this scenario, you've met that burden of proof to to grant this petition.

And so for these reasons, that's why I'll be approving this.

Great.

Thank you.

Uh I appreciate that, Miss Chevry.

Um, Dave, would you like to sure?

Um, I'll also uh be looking to support this petition uh based on the conditions that were also included in the motion.

Um there's a clear hardship.

This is a small lot, 3,000 square feet, and the general business requires 5,000.

Um I also agree that the guest house use is going to be less intensive on the parking uh congestion in the neighborhood.

They're gonna be there for uh at most like 75% of the time instead of 100% of the time.

They are likely to not have all five cars uh on a regular basis or four.

So I think it will be in fact be a better uh better or less intensive parking issues uh than an annual rental.

I don't believe this uh this will alter the character of the neighborhood and uh with the local neighborhood, it's retail commercial, multiple guest houses, uh guest house uses there.

The building has been beautifully renovated to fit right into the neighborhood, allowing the variants uh will um uh uh with the off-site parking as indicated and the conditions will provide uh the minimal relief sought for reasonable enjoyment of a permitted use in the general business zone.

Um so I'll be supporting the petition.

Great.

Uh thank you, Dave.

Rush, would you like to go?

Certainly, thank you, Mr.

Chairman.

Uh I actually will be supporting this petition.

Uh concerns coming in uh were they uh the the switch of use from uh a uh apartment to uh short-term rental.

Um and we discussed that the deck noise, possible parties, uh just the uh influx of of different people at different times, and if that was going to cause a problem, also the lack of parking and the loss of a of a permanent rental unit to an SRO.

Uh but I but I agree with Mr.

Riley's comment.

I actually think it will be a less intensive, uh less intensive use.

Uh the hardship has been discussed is the the land is undersized.

Um and uh uh I I just want to say uh as I said in the past, it's the property that we're we're looking at, not the person, uh, but to address the person, Mr.

Mr.

Napolitano was taking a building that was decrepit.

This building, I didn't I don't believe it didn't fall over because it was in such bad bad condition, and he's brought it back beautifully.

That the building looks outstanding.

Um I think he's demonstrated that he'll be a good steward uh in uh doing uh operating this uh these these units.

Um but the concern that I also uh addressed was that future owners, if indeed this were to get passed on, they may not uh hold that standard.

And so I think with this uh conversation we had regarding the parking, I think that's a um that's a good win-win uh situation.

And uh with all those things discussed, uh, I'm uh comfortable uh moving forward and approving this petition.

Great, thank you.

Appreciate that.

Um quickly, I too will be uh in favor of this position vo uh uh petition, excuse me, and voting uh yes.

Um I echo all my fellow board members' comments on the reasoning that they have for voting yes.

I will say this that I'm glad that we had the discussion about the parking.

I'm glad that Mr.

Martlin brought up the the fact that and and I think you did too, Mr.

Napolitano, that sometimes when you you you do these things, you have the unintended consequence of taking more parking spaces out of out of the mix, and you don't want to do that.

So um I think in I you know, obviously 130 Bellevue, duh, that was my parking lot.

Okay.

So there's lots of spaces up there.

I was there for you know eight, nine years.

Um uh at my when I was running my brokerage office up there.

So um I do know that there's lots of parking up there.

I don't think it needs to be dedicated.

It reminds me actually of the fifth element um hotel that we put up for the employees.

They had a lease with the dental office across the street.

It used to be a deli, and so they are there during the day.

They leave at five o'clock, and most of the employees come to the restaurant and whatnot at five and say and they need to stay overnight.

So it's that alternate parking.

I think there would be a lot of that up at 130 Bellevue, too.

Most of the parking is for business hours during the day.

There still is a brokerage firm there.

Um, there's the IRS, and um, I think that there, I think there might be some accounting there as well.

Still used to be Rooney Placken.

I know that.

And I oh yeah, Flanagan's up there too.

Uh Flanagan Sayer and Regan.

So they've got a law office there as well.

Um, anyway, I think that that works.

I echo all the comments um uh of uh my uh my fellow board members.

And again, to repeat what I said, I think that that really this is the highest and best use of of the property um that uh that you guys have put together.

Um it is a very, very well done renovation.

I've been watching it from as Rush said from a decrepit, you know, building that's gonna fall down to bringing it back to its you know former 1700's glory, you know.

Um, and I hope that there'll be a uh a plaque that goes on that thing when it's finished from the National Historic Register.

So good luck to you guys.

I'm gonna be voting yay as well.

Um, and that's it.

So uh I will poll everybody at this point um in terms of their vote.

Uh Mr.

Grimes, how do you vote?

Mr.

Grimes, I Mr.

Rudd is an aye.

Mr.

Johnson, aye.

Mr.

O'Reilly, I'm Chevry, I um that's five to zip.

That's unanimous.

Good luck to you guys.

Thank you.

Good luck.

We have Mr.

Martin write the uh the decision letter.

Absolutely.

Thank you.

If you could, Mr.

Marlin, could you write the decision up for us?

That would be great.

Thank you.

And and thank you for engaging Mr.

Shea, too.

Thank you, Mr.

Shea for coming.

Appreciate that.

And explaining your position that uh that was very helpful too.

I forgot about that.

Okay.

Um, I'm just gonna want to move on if you guys are okay with that.

No need for a break as far as I'm concerned.

Um, we've got the next uh petition, the K Street one.

Yes, Mr.

Johnson.

This is the petition of Cynthia Barton, applicant and owner, 61-63 K Street, tax assessors plat 22, lot 003 in an R10 zone with a historic overlay for dimensional variances to demolish an existing non-conforming one-story three-car garage and construct a new two-story main building located one foot seven inches from the east side property line, 10 feet required, containing a two-car garage and a dwelling unit requiring a special use permit to modify an existing multifamily property by relocating one of the three existing dwellings to this new building without providing a two-way drive aisle, necessitating reversing onto the right of way and a three-floor stairway addition to the existing main building, reaching 33 feet seven inches, where 30 feet is allowed.

Okay, um, I see you, Mr.

Jackson.

If you would just give me a moment, are there any objectors in the audience to this petition?

I know that we had one or two that had written objections.

Are they here?

Anyone else?

You're an objector, sir?

Oh, you're at a butter, but you're not objecting, you're not objecting yet.

You want to so you want to you want to hear what I want to encourage them.

You're conditionally, you want to listen to what they have to say.

Is that what I understand?

Okay.

Mr.

Chair, I think we do have one individual who may want to speak as well.

Who I can't see.

Oh, yes, okay.

I'm sorry, ma'am.

Okay.

Um, that's fine.

And and and you know, honestly, with in all seriousness, if you don't if you hear things you don't like and you want to object, we will give you time to do that.

Okay.

And you as well, sir.

So, yes, Mr.

Jackson, if you would.

Thank you, Mr.

Chairman, members of the board, uh Jay Russell Jackson Miller, Scott Holbrook, and Jackson on behalf of the applicant, Cynthia Barton.

Uh, I'll give a quick overview and um, and just so you know, in terms of witnesses, what we have with who we have with us this evening is um Andy Barton, the daughter of Cynthia Barton.

She lives on the premises, and uh her mother also lives part-time and will be living, I think full-time in the not too distant future.

So we have essentially the applicant here.

We've got Mr.

Who here.

Um, unfortunately, Mr.

Fagan, uh, the designer, architect designer who put together the plans.

He was not available last minute, but I didn't want to uh delay the hearing on this because I think uh between myself and Miss Barton, we should be able to answer any questions relating to the design.

And I've also been involved with the project for quite some time and represented it in front of the HDC.

So I'm familiar with the design and familiar with what was reviewed and approved by the historic district commission.

So just as an overview, again, what you have here, I think you're all familiar with this property.

It sits at the corner of K Street and Everett Street.

It's uh it's a large grand Victorian uh residence.

Currently, it's a three-family.

Uh, and the way the the units are divided are essentially there's a dwelling unit on each floor of the main residence.

Uh there's also current, excuse me, currently a three-stall garage, which sits uh as depicted.

You see there in the survey.

Uh, the three-stall garage sits um on the east southeast side of uh of the property, and it sits 1.7 feet from the property line.

So the the plan, the redevelopment plan here is as follows.

The the applicant desires to maintain the three dwelling units, and what they'd like to do is um convert the first and second floor of the residence into essentially the owner's unit to give them more room because the applicant, Cynthia Barton, will be living there full time uh soon with her daughter Andy.

Um so they want to make sure that they've got enough space and they want to occupy the first two floors.

They'll keep uh a dwelling unit for dwelling unit on the third floor, and then again, the third dwelling unit they're proposing to move to the location where the current three-stall garage is.

The existing three-stall garage is not suitable to be modified um for the purposes of essentially accommodating a dwelling unit on the second floor.

So that structure is going to be removed, and a brand new structure will be constructed in the almost the exact same location.

Uh, there's a couple sort of components to this project.

One component, and um, if you look at the uh the slide or the the site plan to the right, which shows proposed conditions and the proposed structures are in dark gray.

Um the smaller one on the back side of the residence itself, that uh that is essentially a stair tower.

And if you look at the elevations, it's been done in a way so that it fits very nicely with the current uh with the historic current design of the structure.

Um it's been designed in such a way that it's almost indistinguishable from what was there before.

Uh, and I note that because the historic structure itself is rather tall.

And so, in order to match that, and in order to provide um access to the third floor apartment, which is the intended purpose of the stair structure, uh the the new addition on the rear needs to be in excess of the 30-foot height limit.

And so I think that what's being requested is um height of 337, I believe is what the what the variance request is.

So I bring that up because that's an important component, which actually speaks to some of the dynamics here that that resulted in the proposal to build the new structure in the same place as the existing garage.

That's that's the slide I was looking talking about.

So you can see in that that uh uh the main structure already has sort of an L off the back of the house, and that's sort of shaded lightly.

That's an existing condition.

You can see that.

And to the right of that, in between the L and the garage is uh the stair tower.

And so again, um, this has all been approved by the HDC.

It matches the roof line, and again, by doing that, we're we're requiring a height variance for that structure, which I believe is an important component because it provides additional ingress, egress, and safety for the third floor apartment.

Now, the location of the garage is being proposed essentially uh, you know, in the same location as the existing garage for a couple of reasons.

One, um, again, this was proposed to the HDC, and I think it was you know, they reviewed the sighting of the of the structure uh from a historic perspective.

Um, and you know, they they discussed different variables here, but they they like the idea of the new structure being essentially at the same location of uh the existing structure, mostly because it is set so far back from K Street.

So that was an important component to the HDC when they agreed that the size, scale, um, the uh the location of this structure are all uh sort of appropriate.

The massing of the structure, those are all appropriate as proposed.

Um another, just from a practical point of view, we're proposing at the same location.

One, because uh this property is a large property, it's 16,000 square feet and it enjoys an ample rear yard.

And so there is a concern that moving this structure back or moving it in to meet the 10 foot setback ends up disrupting the existing gardens that are in the back that that my client has and eating up uh a large uh you know area of backyard.

So from my client's perspective, they want to keep it at the same spot.

More importantly, my clients had long discussions with their neighbor, um, Justin McLaughlin, who is at 1K Terrace, and his yard abuts uh his back property line abuts the Barton's property line in the area where the garage is.

And he specifically requested that it be kept at the same location.

Um and I mentioned that because this structure essentially, uh aside from the special use permit we'll discuss and the parking issues, this structure could be rebuilt by right if we just met the 10 foot setback.

Uh it doesn't need a height variance, we're below the lot coverage threshold, all those things.

But to do that, we'd have to move it 10 feet away from that property line.

And when we do that, because of the new addition on the back of the main residence, we'd also have to move it a little further back into the backyard.

Mr.

McLaughlin doesn't want to see that happen because currently um he's got he's got gardens along his back property line, and also they enjoy the light and the view that comes in to their property uh through that view corridor from the back of their house across my client's yard to Everett Street.

So if we located this garage in an area which um met the requirements for setback, um the view corridor, the light, the air that Mr.

McLaughlin's trying to preserve for his property would be disruptive, disrupted uh to the point where he may object.

I don't know.

He I've had discussions with him and the Bartons have had discussions with him.

And this is this is the site which is most preferable uh according to the McLaughlin's who would be most impacted by the location of the garage.

So those are the reasons why uh we're trying to keep it in the same proximity to the main residence for historic purposes.

Uh we're asking to that it stay at that 1.7 feet from the property line.

Um and we're trying to keep it at the same spot because that's really been what's been requested by the the neighbor who would be most impacted um by this new structure.

So that's sort of an overview.

Um I can speak quickly to the parking.

Um when I submitted this, you know, maybe it was uh shortcoming on my part.

I did not flag this project as requiring any type of parking relief.

And the reason is it's an existing three family.

I understand it's being modified to relocate one of the units.

So that was uh something that was added on once Nick had the opportunity to do a full analysis of this project and write a staff report.

Um I think in many respects it's it the parking, the parking situation for reasons of this application um is really uh it's it's I don't think it's a heavy lift, and I'll explain why.

The property is unique in that, as proposed, you'll have a two-stall garage.

So there's two parking spaces there.

You've got, I can't see the dimension now, but the distance between the proposed garage and K Street is very long.

You could stack a number of cars there, but in reality, you don't need to because, in addition to the to the uh driveway, which runs perpendicular from K Street to the garage structure, in front of the main residence is also a semi-circular driveway with two curb cuts.

So there's ample opportunity on site to accommodate the six vehicles.

And although technically the two driveways, both the linear driveway, which runs perpendicular to K Street as well as the circular driveway, don't meet the technical requirements of being two-way and 24 feet in width.

There is ample opportunity on site to maneuver vehicles so that no one has to back out onto K Street from either of those two curb cuts.

Um so again, I think I think Nick's correct.

There's a change to the existing um arrangement of the three dwelling units, which triggers the need for relief.

However, I think um I think this property is very unique in that uh there's not going to be any backing out into um a public right of way required to uh come and go from the premises, and there's ample parking spaces on site to accommodate um the six vehicles.

So um I'm happy to answer any questions.

That's sort of a uh just a quick overview of the project and an explanation as to how we arrived at this proposed plan.

Um if you don't have any questions from me, I'm happy to bring up Ms.

Barton, who can sort of walk through what the purpose of the project is, and then uh Mr.

Hool is here as well to uh give his opinion.

Any questions of Mr.

Jackson from the board?

Um I'd just like to ask Mr.

Jackson.

Uh I I think you uh sufficiently answered the questions that I had about the location remaining the same for the new uh garage, you know, with the uh apartment over it.

Um the parking is there uh is there enough room?

I I went by the property, but I didn't notice if there's enough room to park on that semicircle and also drive by the car, or is it is it one?

I believe there is, but certainly Andy, there's no to my knowledge, there's no um on either side of the driveway, there's no sort of hard edge.

Uh there's you know that would prevent someone from sort of leaning off to one side to make sure that there's a a flow available, but I can I can have Ms.

Barton discuss that a little bit.

Okay, that'd be great.

Thank you.

Yep.

Anyone else?

Jackson?

I'd like to have Miss Barton barn come up, please.

Yeah.

Please raise your right hand.

You swear to tell the truth, the whole truth and nothing but the truth in this proceeding.

Yes.

Please state your name for the record.

Andrea Barton.

Okay, very good.

All right.

So Miss Barton, you currently reside at the property, correct?

I do, correct, yeah.

And what unit do you live in?

I live in the first.

Well, come up to the microphone.

Sorry.

Uh the first floor unit is the first floor and the two bedrooms are on the second floor.

So first and half the second.

Okay.

Um, which then connects to the second floor apartment, and then there's the third floor.

So what we've the plan has always been would be for my mother to move from where she's currently sleeping in the living room to um her own bedroom on the second floor.

So was she in California?

One of the the neighbors said that she we were for a while.

Uh she goes between California and Rhode Island.

Yes.

And so that's summer winter type thing or uh no, it's every two weeks.

Oh, okay.

Yeah.

So she's got stuff out there too.

Yes, she has business out there.

Okay.

Yeah.

Okay.

All right.

So why don't you just walk through the uh proposal with um the board in terms of what your intentions are for the property?

The intention would be for the bit to stay stay a three unit um to maintain obviously the income.

Um, but to have that second floor, kind of the second floor unit move over to the um second floor of the garage.

So yeah.

And that would be to accommodate the space that your family needs, right?

Perhaps yes.

Yes.

So in addition to you and your mom.

I have a 12-year-old son.

Okay.

So you need room for your family to occupy all of the second floor.

All of the second floor, yes.

All right.

And you heard me discuss the discussions, uh, describe the discussions you've had with Mr.

McLaughlin.

Yes.

This process started.

Yes, Mr.

McLaughlin's wife would like to be able to see um the street from her kitchen window, is what we were told.

So um one of the one of the neighbors expressed concerns about parking.

Can you just describe?

And there was a question about parking.

Why don't you describe the existing conditions and how you envision it's gonna operate with the relocation of the dwelling unit above the garage?

Yeah.

Um currently we don't park in the garage.

It's not the doors don't, they're not automatic doors.

So it's difficult.

Um, so we would then start to park in there.

But currently, uh all people who lease have designated parking spots.

Um they always have since we bought the property in 2014.

Um, I know that the objection said that we had an illegal Airbnb.

We've only had long-term leases.

Um I wouldn't be able to operate something like that.

Um everybody's always been able to park on the property.

They've never been asked to park on the street.

The street is not residential parking, it is a public park, it is public parking.

So people do come and park there.

And I don't know where they come from or where they're, you know, but they do park over there.

So you're saying there's parking that takes place on Everett Street that's not related to your correct.

No, all of our all of our tenants have always parked on the property, which is one of the draws of the apartments, is it's off-street parking and that kind of thing.

So to answer, if you could address the question that Mr.

Johnson posed on the semicircular driveway, is it wide enough where someone could park along the edge?

Absolutely.

Okay.

I would not want to back out onto K Street.

But no, you can do two cars can cross over um on the semicircle.

Somebody can be parked there and another person can drive by.

It's usually how they are.

Yeah.

Yes.

So I I have a couple of questions.

I want to um relate to the letter of objection from your neighbor, Mr.

Dwyer yes um so he he seemed to be pretty upset about RVs number one and other things parking what's that all about that I'm not uh truly I don't know our tenants have never owned RVs or boats or any of anything like that.

Okay.

And he said they he's been there for 60 some odd years and his family for 75.

Yes.

Uh and the other thing was is um so he was tying that that all those RVs and boats to illegal Airbnb or guest house uses can you address that please that is what he has said he has also uh said that to us um in 2018 he called my mother on a Saturday night about 9 15 and said people have been going in and out of that house with luggage um what is you know your daughter is running an illegal Airbnb and my mother said I've been at the house for the past you know 14 days you know my niece who actually lives here is a flight attendant I'm not quite sure if that's what you're seeing but she parks on the property um so I'm not sure where this idea came from I believe 59k Street is listed on something that they are able to have an Airbnb or I saw a listing not I'm sorry not an actual Airbnb listing but in like a state list of properties allowing short term rentals I'm not sure um I will say one of our tenants' friends parked in front of Mr.

Dwyer's house and he got upset about it and there was well it that was in 2016.

Right that's not a designated spot for him if it's on the street we understand it was in front of his house and he likes to park there.

Okay clear you've never operated a short term rental in your house never not even as what's called a home occupation correct correct I've never no it's always been I I asked when Mr Jackson sent over the objection I said should I get all of the leases that for the past 10 years for both of the units to to bring today because I was very sorry I was very upset about it.

I was like I would never do that I don't right and you've never been cited by the city for any type of illegal operation of a rental there.

No certainly not okay and as you know we wouldn't look kindly upon that.

Oh goodness yeah I wouldn't either okay good so um that's good to hear.

Okay.

Those are my questions related to the the the written objection that you had yeah so thank you.

Um please carry on Mr.

Jackson I don't have any other questions for Ms.

Martin I'm ready to move on to Mr.

Poole but I want to certainly make her available if any other members have questions.

Yeah I I just like to follow up um the intention is once the renovation's done that you're going to move in or do you live there now?

I live there currently with my 12 year old old son.

Okay.

When my mother is she is there part time hoping to move her more permanently she currently has a bedroom um not really a bedroom there's a screen and a bed in the living room and so I would love to for her to have her own room so that would be nice yeah we we would too I mean yeah I think so too.

I I I always say it's gonna be better when she has her own space.

So that's my my my thought is that it will be a more pleasant living situation when she has their own space.

So the layout now is uh is like two bedroom two bedroom one bedroom or how does the the unit that we live in is a two bedroom yeah um and then this the other portion is uh it's listed as a one bedroom um and then the third floor is a two bedroom yes okay so basically you're taking one of the two bedrooms out and moving it the one bedroom okay so the second floor is a is a one the one bedroom unit that is being rented would we would absorb into our unit and then move that to the garage and move that to the garage yes a one bedroom unit.

So I I guess what I'm asked ultimately you have five bedrooms now.

Yes two one and two yes and gonna end up with approximately the same number of bedrooms.

Yes absolutely okay that's what I was curious about.

So yes um okay that's the question I had anybody else yeah can you um the height of the building uh did uh Mr.

So the main building's going to be how high after the uh the So the main building as it exists, I believe, is approximately 35 35 feet.

Yeah.

And the the stair tower that's being proposed is 33 feet seven inches.

Oh it's about a foot lower than the peak of the main roof.

Okay, so it's not going to exceed the existing condition.

No, no, no.

As you can see from that sort of diagram again, um you can see that that that third sort of vertical row of of windows between the garage and that uh L addition, which currently exists, those are the addition in the garage are shaded lightly.

In the middle there is the stair tower with the three windows vertically, and you can see at the third level, it matches the roof line that currently exists.

Um it's a mansard roof, so the where the where the window dormers are, it's a little lower than the peak of the main roof.

So currently the apartment staircase goes through our unit in a very odd way.

So we're just hoping to shift the apartment staircase outside incorporated to the third floor.

To be sure, the reason that the staircase is is becoming an issue being over 30 feet is because they opened up Pandora's box by coming in to get the variants in the special use permit, correct?

Otherwise, um not necessarily.

I mean, they proposed the the three-story um staircase tower to the HDC as part of their application.

Right.

They're trying to provide a second means of egress, is my understanding for that piece.

Given that the house itself is, I think, 34-7 or 33 33-7.

They're they have to get close to that height to get that staircase up to that level.

Yep.

Um, I don't know if the with the renovations, whether the building official would make them put in this second means of egress, but I think they're trying to do it out of an abundance of caution.

Okay.

Gotcha.

Anybody else?

Nope.

Okay.

Thanks.

Thanks, Annie.

Oh, you again, huh?

Yeah.

Yeah.

I'll make it brief.

No, it's all right.

No, it's all right, really.

We watch you say what you want to say.

Please.

Um you're already you're already uh uh sworn in, so you're good.

Okay.

So go ahead.

So I've looked at the I went up, I looked at the property, I toured the neighborhood, especially trying to look back from pay terrace toward this property because the positioning of this garage as Mr.

Jackson pointed out, not only is a neighbor happy with it, but you if you look on oh, you never passed that report, haven't you?

Oh no, I didn't.

I'm sorry.

I know that um we submitted the report last week.

It was right around the time that Nick was in the process of putting together the agenda.

So I don't know if the report made it to the world and got circulated to you before the weekend.

That's it.

I got it.

Yeah.

I don't think I uploaded it until today, basically.

22nd.

Is that the date of the report?

Yeah.

Yeah.

Yeah.

Did you get an email from me today?

Oh, you uploaded it to the I uploaded it to the to the portal today, but I don't think that I distributed it to the board.

So my apologies.

Does anybody want a hard copy of this time?

Okay.

That is the only reason why I bring it up is on page five of the report, I have an aerial photograph that actually shows this position of the existing garage.

And you can see that if you move the garage back at all to get that 10-foot setback, what you're going to end up doing is actually moving it closer to somebody else's property, somebody else's house.

So it leads into the hardship, which is that it already exists at a 1.7 one foot seven-inch setback from that sideline.

And the to move it would be, you know, the building is the you can't move it back because the existing main house is in the way.

If you move it back, you're going to create a problem.

So the hardship is really the position of the existing structures on site.

It is a conforming site, but to move it around in any other uh position would be um counterproductive.

It could also screw up some of the parking if you tried to move it.

So the same with the height variance, you've already discussed that.

Is that the hardship itself is the height already exists?

So you're dealing with the structure as really being the primary problem uh creating the hardship.

Um when I look at, you know, this is not an action of the um the petitioners.

Uh this has existed for a long time.

The use has existed for a long time.

Um feeding right into the fact that it's not going to alter the general character.

Um the physical structure of having a carriage house in front of the or alongside a big Victorian is certainly very much in harmony with the architecture of the neighborhood, the uses in the neighborhood.

Um the as we said, the three-unit use is already um in um prep present on the property.

It's gonna remain the three-unit use.

Uh the parking situation is not going to be really altered at all.

There's ample parking on the site.

Um the owner, that was the first question I asked.

Mr.

Johnson asked about um changing the um number of bedrooms or the size of the utility of the property.

That was the first question I asked.

And the answer was, well, my mother's sleeping in the living room.

So I think that that's very valid that you know that you move that out, and I don't think that's gonna make any difference in terms of the neighborhood.

And I think that by denying the petition, you would be uh more than a mere inconvenience considering how the petitioners already use the property and how that use really will not change.

So um it also has a special use permit category one.

I looked at all the standards, it's gonna conform to all those standards.

Um so all in all, I think it's a good petition.

And um I really don't think it'll have any negative impact at all and and really help out with the utility.

Okay.

Question.

Any questions for Mr.

Wool?

No.

No.

You did a great job or a lousy job, but uh because there are no questions.

So I'm gonna go with a great job.

Um nothing further, you know, if I could possibly make a quick statement at the end.

Um if you want to hear if any of the other neighbors want to speak.

So I I just um uh a question for you, Ms.

Bart before you make a closing statement.

Um when is your mother?

Are you planning to have your mother move back into the renovated?

You know, I mean, I obviously you want to get the renovations done.

Um, but so you are you planning right after that to bring her full time here?

What how what's your plan?

Yes.

Uh she's waiting for the renovation, basically.

Okay, and then she's planning on moving here.

And uh sooner rather than later.

Yeah.

Okay, all right, good.

Um good.

That's what I wanted to hear.

Thank you.

Okay, yes, thank you, Ms.

I don't know.

Did anybody you left the door open for neighbors to speak?

I just wanted to, I didn't know if that was.

Oh, yeah.

If you guys want to say something, come on up.

Absolutely.

Yes, sir.

Please raise your right hand.

You swear to tell the truth, the whole truth, and nothing but the truth in this proceeding.

I do.

And please state your name for the record.

Spiro Celiopolis 38 Ever Street.

Okay, very good.

Speaking of the mic, please.

Uh Celiopolis 38 Ever Street.

So I'm one of the abutters.

Uh if the garage moved back, it would not be beneficial for me.

So that's two that just sort of want it to stay where it is.

So I just wanted to say that.

Okay, so you're with Mr.

McLaughlin then.

Yeah.

Oh, yeah.

Okay, in terms of how you feel about that.

Yeah, I think it's fine where it is.

They want to build up, that's fine, but moving it back, I think just hurts everybody.

Okay.

And your house is on Everett Street.

On Everett Street, yeah.

So it's the one right next.

Yep, right there.

I was going to ask that question too.

Okay.

But you brought it up.

Okay.

So that's all I was here for.

I just wanted to.

Oh, that's fine.

I mean, so you you're actually in favor of this then, basically.

I mean, I I am I don't object to it.

Okay.

There you go.

Good.

All right.

We'll take it.

They'll take it actually.

Very good.

Yes, ma'am.

Did you want to say something?

Just a couple.

All right.

Yeah, I'm going to have to swear you in.

Okay.

Raise your right hand, please.

Please raise your right hand.

Do you swear to tell the truth, the whole truth, and nothing but the truth in this proceeding?

Yes, I do.

Say your name for the record.

Elaine Nigro.

Okay.

Thank you.

Um, so I'm Elena Nigro.

Um, my husband and I um live at 65 K Street.

So we are abutters as well.

Um, I mostly came tonight because I really had not heard anything about this project until I got the letter in the mail.

So I guess I just would comment that it would have been good to have maybe been involved in some of those discussions earlier on.

Um I wouldn't say I'm formally objecting to it, but I would say that, you know, it is one's one foot seven inches from our yard.

Um it's a little bit different having a garage that's not being used to moving to having a two-story um property that's gonna have people living in it.

So I do have some concerns, you know, just around privacy, um, noise, fire danger, um, possible runoff.

Um I know there was no um you know runoff study done.

I don't know if that's really relevant.

I'm not an engineer, I'm not an architect, so I don't know if that's relevant, but it just caught my eye in the documentation.

Um so again, you know, not not really um objecting, but you know, I would hope that um at least you know the trees that are there that do provide privacy right now will hopefully be maintained.

Um, you know, that hopefully the tenants will be respectful of the noise um because it is extremely close to our property.

And you know, it does change the look of our yard when we look out.

So those are just some of the comments that I would like to make.

Um I think you did address some of my concerns about um the potential for you know it becoming more of a Airbnb.

It doesn't sound like that's a risk, but that would be a concern if that were the case as well.

So um Yeah, I understand what you're saying.

I I think these are legitimate concerns, okay?

But let's let's put it that way.

But I think one of the things that's gonna calm down the the situation is when it is when Mrs.

Barton Sr.

comes and lives there, because I think they're not gonna want that kind of activity, you know, having her mother there.

So that that was biased.

I mean, it's you know, you live there now, but you're not gonna always necessarily there to please please address yourself to use our thing.

Oh, sorry.

Yeah, sorry.

Uh I understand and from everything you said, that seems really reasonable, but it you know, what like was said previously uh in another discussion, you don't know who's gonna always own the property down the road.

Good point.

So right now it might be fine, but you know, we plan to be around for a long time and you know it could be.

Yeah.

I I think at least for the moment when her mother moves in, that's why I asked the question.

I think that's gonna calm a lot of that stuff down.

Yeah.

That's my sense.

Is that correct?

Ms.

Barton, do I have that correct?

When your mother moves here, I think that's gonna, you know, I mean, you're gonna you're not gonna want to be renting out to you know, party people and you know, and this and that.

Yeah, I mean, to be clear, we've never had an issue with noise before.

I'm just saying it's a little bit different having the garage that close to our house versus having a living residence.

Yeah, people are gonna be living and coming and going and windows overlooking our yard that's you know right there.

Oh, I understand.

And so I would just, you know, again, state like hopefully the trees and what's there that are you know offers privacy now will remain.

Yeah, so um I my senses as well is that uh Ms.

Barton is going to be a uh a listening neighbor.

So if they're concerns, I'm sure you can talk to each other and we would we would encourage that.

Absolutely.

Um we we we like that when people talk to each other because then we don't have to get involved.

Yeah.

Okay.

Sounds good.

All right, very good.

So I'd just like to add two things.

First of all, this went through Historic District Commission, so you should have been notified this whole process, which is kind of baffling because if you're there is not a public noticing requirement for HTC applications.

Beyond the newspaper on the newspaper ad.

Okay.

So um the other thing is in I was thinking with that narrow width um too.

I was going to ask if there was adequate shading or or um screening right now with landscaping, and certainly um uh it can be done informally or formally uh to say that some form of screening will be maintained uh on me.

Okay.

Yeah, yeah.

I just but when you go in and start putting in buildings and digging foundations and things like that.

Um so I just think that uh again, it can be done formally or informally that there is uh adequate um screening uh that remains on the uh between your property and the um the new structure.

Um I just wanted to make uh two other quick points in relation to some of the concerns.

Um we have a requirement for providing what we call a stormwater management plan when a property adds a significant amount of impervious surface because they're effectively replacing the exact same structure, just going higher.

It's not considered to add additional uh runoff than what is already there.

The other thing I wanted to bring up was the fire safety.

Our um building code and fire code requires that any structure built within five feet of a property line is significantly fireproofed.

So it the structure that will be built there will be required to be what's called one hour fire rated materials.

So it will be possibly even more fire resistant than the structure that's there right now because it's being reconstructed in that location.

Nick, is that the property line or from another structure?

Property line.

Okay.

Thank you.

Can I help you a little bit?

Thank you.

You're welcome.

Is that it?

Or do you folks okay back there?

You good?

Did you want to say something?

Yes.

All right.

Let's maybe be a bit unusual.

That's okay.

You're gonna have to raise your right hand for me.

Yes.

You swear to tell the truth, the whole truth, and nothing but the truth in this proceeding.

Your name, please.

Dorothy Duradon.

Okay.

And I'm the neighbor across the way.

Uh I just wanted to say Miss Barton has done a magnificent job on that house.

I've known that house inside and out for many years, and I know she'll do a very good job with the property with she if she's going to do as well with the garage as she's done with the house.

Uh it will be worthwhile.

Uh I know the house, and I'm so glad she's straightening out the back stairway, which was always a problem for the two previous owners.

Uh, and I wish her well with all of that.

I just came to listen.

I've never come to one of these before.

And I may have an issue at my house across the street.

So I just find it introduced myself to this.

Okay.

I see you next month.

I see what you're up to.

There'll be none of that.

There'll be none of that with this board, let me tell you.

Okay.

Thank you very much.

Um I think we're in good shape here.

Um you're okay, Mr.

Jackson.

Okay.

So uh he's gonna forego the closing argument and we're gonna have a motion, I think.

Good, Mr.

Riley.

Um yes.

Um on the petition of um Cynthia Barton.

Um I move to adopt the boards, finding a facts, the information, the staff report, uh applications, supporting documents, testimony of the witnesses, along uh with the representation of counsel and any mocked exhibits, together with the comments spread on the record by the board members, adopt the board's conclusion of law, that the petition has met their burden of proof under each element under chapter 17.108 in the new port zoning office entitled Variances and Modifications, and that the petition has met their burden of proof under each element under chapter 17.109 of the Newport Zoning Ordinance entitled um uh special use category one.

Oh, I'm sorry.

Um I'm sorry, that does not apply here in this case.

Especially permanent category one does apply because of the maneuvering of the units.

Okay, I'm sorry.

Thank you.

Um the petition be granted on the condition that the project be started and substantially completed within 12 months of the decision or extension requested uh to the zoning officer prior to expiration and all outstanding invoices relating to the cost of public noticeing to be paid in full and as a condition of recording the decision.

Great.

Thank you, uh Mr.

Riley.

Uh is there a second?

Second.

Thank you, Ms.

Chevry.

So we started this way.

I'm gonna start with you, Mr.

Johnson, if you don't mind.

Certainly.

Thank you, Mr.

Chairman.

Uh cut the suspense, and I'm gonna uh state that I'm gonna be voting in favor of this petition.

Um interesting, uh a lot of different twists and turns on this, but uh um I think that um it's been been adequately demonstrated.

Um, first of all, been vetted through historic district commission and and uh they do a good job in in reviewing that and and uh presenting a product when we get it that it's it's been well thought out and and vetted.

So the um the the concerns with the closeness to the uh neighboring properties and the neighbor was here to discuss that as well.

I think that was uh that was well covered, and I think it makes sense.

Uh that and I've been by the property, and that that current structure needs help.

So I think that that makes a uh sense.

I think that the uh um moving of the unit over there as well is a is a good move because it allows you to expand uh into the this existing home to create uh room for your mother and and make it a more uh uh substantial and uh livable uh apartment.

So uh that makes sense.

There isn't a hardship of of uh uh lock coverage or that because it's a big property, it's a big piece of property.

So um uh I just I just uh you know, without going into it, the the height, I think the uh the height of the stairwell addition uh matches, you know, beautifully.

It's like once that gets built, you won't even know that it wasn't part of the part of the structure.

So um uh without belaboring on, I think I think the uh requested variances uh have been uh adequately represented and um make sense and uh for those reasons I'll be voting to approve this petition.

Great.

Thank you, Mr.

Johnson.

Mr.

Riley.

Yeah, uh thank Mr.

Chairman.

I'll also be voting for support uh this petition.

Although there's uh three variances as well as a special use permit.

Um I think they all make uh uh makes good sense to grant all four of these.

Um the variance related to side setback in the height.

The hardship is that both of these conditions are already existing.

Uh the existing um garage uh is um uh and the new garage are going to be be built at the same set back in the height of the uh uh the stair stairway is going to be just inside the current height.

So uh I find um that that meets that hardship requirement.

Second, the uh HDC has issued a six certificate of appropriateness stating that the proposed sighting of the new structure is uh the most appropriate for this uh location.

So um, as Mr.

Johnson mentioned, they do a lot uh vet this sighting and uh will will support their decision there.

Um none of the proposed variances will alter the character of this neighborhood.

The rebuild garage and apartment is in the scale uh with the primary structure, and it's also in scale with a lot of the other properties in the neighborhood.

Um the two-way drive aisle variance um hardship um um is um uh uh makes sense based on that circular driveway that that you uh uh you're not gonna be victim, it's ample parking, uh, but there's also ample space for all cars that park there to pull out uh uh forward and not have to back out on onto K Street, which was one of my uh initial uh concerns when when I read this uh petition.

And finally, the special use permit, the burden of proof has been satisfied that the petition has met all the applicable standards for this category one special use permit, the finding of parking criteria to be met along with the developmental standards.

Uh and find that the requested waiver of the formal storm water runoff based on the insignificant amount of the lot coverage increase is appropriate.

So I'll be supporting the petition.

Great.

Thank you, uh Dave.

Um Ms.

Chevry, please.

Yep.

So I want to echo the sentiments of my other board members and we'll be supporting this petition.

So the hardship in my mind here is um Mr.

Johnson and Mr.

Riley alluded to is the building itself is the hardship as well as how it's positioned on the site.

Uh the HDC has thoroughly vetted this and said that's the location is the most appropriate.

Um a lot of times what you see with these older structures is there is a lot that has to go into maintaining them and making them functional for daily living.

And so I see the the request here to be reasonable to enjoy the property uh long term for for these applicants.

And so for those reasons, I will be supporting this petition.

Great.

Thank you so much.

Um Mr.

Grimes.

Thank you, Mr.

Chairman.

Um I too uh will vote to approve this petition.

Uh interesting enough, I was moved by Mrs.

Durdawan's uh testimony, basically saying that Ms.

Barton was a uh a great caretaker of that property.

Uh the property is a spectacular property, and I'm glad it's being uh taken care of.

Um I'm also pleased that the uh the addition you you you're putting in there is is already is already sitting on the existing garage, which you're gonna remove.

So the footprint isn't gonna be uh isn't gonna change.

Uh a couple of concerns that I had initially were we're satisfied, and that was uh given the testimony uh that was uh uh discussed about with Mr.

McLaughlin, you know, being a close neighbor.

Uh and this fellow I was a complicated name.

I couldn't print what was that.

Okay, well anyway, he uh I was satisfied uh that that uh the other part of the property that would be a budding would wouldn't uh would would not be a concern.

Um you you have a close to a two-foot setback, and you know the setback's supposed to be 10 feet, but again, you're not changing the the footprint you're you're basically gonna uh uh go on the on the existing uh lot uh uh uh a garage.

Uh plus I I'm I'm satisfied that you're not increasing the intensity of the property because you're essentially have three apartments now, you're just gonna be shifting them somewhat.

Um you got a big lot there.

Uh not too many of those around 16,000 square foot, so it's more uh more than large enough to uh accommodate this this project.

Um regarding parking and uh and and uh getting in and out of there.

There's plenty of parking there.

I'm very familiar with the the uh the property.

You've got that semicircular, you've got that long driving.

There's there's an awful lot of parking and a lot of ways to get in and out of that property uh that I'm I'm satisfied, uh, even if we don't meet the full uh intent of the zoning code, that that this is certainly safe and easily accessible to get to enter and to exit.

Um let's speak quickly about the character of the neighborhood.

Uh this home is very much this is a very, you know, this is not you know K Catherine area where there are really beautiful homes.

And and uh this is very much uh uh in uh uh in character with the rest of the neighborhood.

And there are some large uh multifamily dwellings uh in that neighborhood as well.

Um so anyway, for all those reasons, I too would support this petition.

Great, thank you, Bart.

Appreciate that.

Um so uh this is a foregone conclusion.

Uh, but I as well am going to support this petition.

Um for all the reasons that my fellow board members uh discussed.

Um just a couple of extra little things here.

Um the uh it's interesting to me that um in reading through the uh the the petition, the proposal, um something that didn't stand out to me but did in the testimony was the stairwell.

So um, and in talking about that, it's clear that that's a hardship to me, you know, because as you said, it's in intertwined in the house and it's all funky and whatnot.

So you want to you want to fix that, and you should.

So I think that's a good thing.

Um and then of course, um, you know, we I mean, I I you know I want your mother to have a bedroom, so you know I'm gonna support that as well.

I think that's an important thing.

Moms need a bedroom, they need some privacy.

Um so I I'm gonna reflect everything that that that yeah that my that my colleagues stated.

Um and lastly, I would ask you if you would, it's not you know, it's not dependent upon my vote, but go talk to Mr.

Dwyer, okay, if you can.

And it sounds like he can be tough at times.

I I get that.

Um and please tell him that you've never had, because you were convincing to me um when you said that you've never had um, you know, done an Airbnb or done a guest house usage and certainly not um illegally, you know.

So I get that, and the idea that that made no sense to me that there are RVs and boats parked outside.

And I would also tell them, you know, hey, mom's coming back, you know, when we get this renovation done.

And um, you know, it should be a nice situation for everybody in the neighborhood.

Um, so that everybody gets along.

Okay.

So um for all uh for all those reasons I'll be supporting this petition as well.

Okay.

Thank you.

Um so that's it on the discussion.

Let's go to a vote.

Why don't we start with you, Miss Chevry tonight on this one?

Miss Chevry, I Mr.

Riley, I Mr.

Johnson, aye.

Mr.

Rudd is an aye.

Mr.

Grimes, aye.

That sounds like five to nothing to me.

Uh, you've got an unanimous decision, and if you would, Mr.

Jackson, if you could write up the decision for us, that would be great.

Thank you all very much.

And thank you for the neighbors' testimony.

That's very good stuff.

We appreciate that.

Motion to adjourn.

Second.

Anybody second?

Second.

All in favor.

I no opposed to that, of course.

Thank you all very much.

I'm going to be watching out for that lately.

We're done.

Yeah, right.

You've been checking us out.