Newport Zoning Board Hearing December 15, 2025

The Newport Zoning Board convened on December 15, 2025, with Rick Rudd absent, making Russ Johnson the acting chairman and Bart Grimes the secretary. The board approved previously scheduled consent items, reviewed six petitions on the summary and abbreviated calendars, and conducted full hearings on two significant applications regarding residential additions and a guest house conversion. The meeting concluded with five unanimous approvals across all petitions and a motion to adjourn.

Consent Calendar

• Minutes: The board unanimously approved the minutes from the November 24, 2025, meeting as written.
• Withdrawal: The request to withdraw the petition for 12 Hunter Avenue without prejudice was accepted.
• Extension: A 12-month extension was granted for the approval of deck structures at 104 2nd Street, allowing the new owner to proceed with construction.
• Annual Calendar: The board approved the 2026 annual calendar of meetings as presented.
• Summary Hearings: The board collectively adopted the findings of fact and conclusions of law for three summary petitions (Joseph T. Donovan Jr., Rick and Trisha Arsenal, Monica Barrett, and Elizabeth P. Goltra) granting dimensional variances under Chapter 17.108, subject to standard completion and invoicing conditions.

Public Comments & Testimony

• Objection to Monica Barrett: A letter of objection was received regarding an arborvitae on the property; the solicitor and board determined it was non-germane to the variance standards and the petition proceeded without further action.
• Hurricane Hut LLC Objectors: No objectors appeared in the audience for the Hurricane Hut LLC petition; staff analysis suggested requiring parking might be contrary to public safety given the pedestrian nature of Bowen's Wharf.
• William Bjork Testimony: William Bjork and architect Daniel Herkenruther testified in favor of a rear addition to age in place, presenting sun studies showing no shading impact on the north neighbor and explaining design constraints regarding the existing setback.
• Boho Industries LLC Objectors: Several letters of objection were cited regarding intensification, parking, noise, and privacy; the applicant addressed these by emphasizing the presence of a full-time on-site manager.
• James Houl Testimony: Real estate expert James Houl testified, characterizing the parking variance as a "red herring" due to code ambiguity and arguing that the conversion to a guest house is a less intense use than the previous retail operation.

Discussion Items

• 104 2nd Street: The applicant requested a 12-month extension for deck renovations on a property under contract for purchase.
• Joseph T. Donovan Jr.: Requested dimensional variances for a front porch (setback and lot coverage) in an R10 zone.
• Rick and Trisha Arsenal: Requested a variance for a 240 sq. ft. second-floor deck in an R10 zone, citing floodplain location necessitating the second floor for living space; clarified the property is a single-family home despite GIS listings.
• Monica Barrett: Requested a variance in a historic overlay zone to expand an existing deck's usable footprint from 103 to 121 sq. ft. by straightening railings and moving cheek walls.
• Elizabeth P. Goltra: Requested variances to demolish a rear deck and construct an attached carport (re-establishing lot coverage) and reconstructed front stairs in a historic overlay zone; board noted HDC had already approved the carport as a common historic feature.
• Hurricane Hut LLC: Proposed a parking variance to formalize 1,320 sq. ft. of outdoor service area and a 310 sq. ft. bar structure at Bowens Wharf, which lacks required parking spaces.
• William Bjork: Requested a special use permit and dimensional variances to add a 400 sq. ft. two-story rear addition; explained the necessity for a 29% lot coverage increase and 2-foot side setback reduction due to the narrow lot and desire to age in place.
• Boho Industries LLC: Requested a Special Use Permit to convert a mixed-use property into a guest house with an on-site manager and a parking variance to waive one space; the legal complexity involved a code interpretation regarding the on-site manager's parking credit.

Key Outcomes

• Hurricane Hut LLC: Approved by the board 5-0 to move the full hearing to an abbreviated summary; the petition was subsequently granted 5-0, recognizing the outdoor service area and bar structure with no objection.
• Joseph T. Donovan Jr.: Approved 5-0 for dimensional variances to construct a front porch.
• Rick and Trisha Arsenal: Approved 5-0 for dimensional variances to construct a second-floor deck.
• Monica Barrett: Approved 5-0 for dimensional variances to expand deck usage.
• Elizabeth P. Goltra: Approved 5-0 for dimensional variances to construct an attached carport and reconstruct stairs.
• William Bjork: Approved 5-0; the board found the petition met burden of proof for hardship due to lot size and existing structure, granting lot coverage and setback variances for the aging-in-place addition.
• Boho Industries LLC: Approved 5-0 for a Special Use Permit and one parking space variance.
  • Conditions Added: 1) One space in the existing two-car garage must be assigned to the on-site manager; 2) A leased off-site parking space within a half-mile must be provided and renewed annually; 3) An annual lease agreement between the landlord and manager must be submitted to the zoning office.
• Adjournment: The meeting adjourned after the final vote.