OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Newport Zoning Board of Review Special Meeting – April 13, 2026

Meeting PortalMonday, April 13, 2026
BodyNewport, Rhode Island
SessionMeeting Portal
DateMonday, April 13, 2026
StatusFILED
Video Record
0:00 / 3:07:16

Transcript — Verbatim
0:04

Okay, we are on the record.

0:07

Good evening, everyone.

0:09

This is a special meeting of the Newport Zoning Board of Review.

0:12

Today's date is Monday, April 13th, 2026.

0:17

And uh I always say this and jinx myself.

0:20

It looks like we've got a schedule that we're going to be able to get through tonight.

0:23

Um let's get moving right away.

0:27

First order of businesses uh roll call of officers.

0:30

Uh Cole Chevry will be serving as a regular member.

0:34

Uh Dave Riley, our vice chairman, myself, Wick Rudd, the chairman.

0:38

Uh today, uh tonight, uh Bark Rhimes will be um serving as uh our secretary.

0:44

And um we will have serving as well for Russ Johnson, Melissa Padovina, and then Richard uh uh Berlinski is our um uh is our first alternate tonight.

0:55

And he will be listening in on all the cases as well.

0:59

Um so moving on.

1:01

Uh we don't really have much to before we get going here.

1:05

We don't have any minutes, um, communications.

1:08

There are no extension requests, there are no withdrawal requests, and there is no staff communications to us.

1:15

Um, and uh for the first time in my memory, we don't have a summary calendar tonight.

1:20

Um, which is always a little disappointing since they go a little bit quicker.

1:24

But we do have two abbreviated summaries uh this evening.

1:28

So I'm gonna ask our acting secretary, Mr.

1:30

Grimes, if you would read in the first abbreviated summary.

1:34

The first the first petition is that of Edward Boudil, applicant and owner of 6 KC Court, tax accessor plat 37, lot 025, and an R 10A zone for dimensional variances to construct the 40 40 square foot third floor deck where 30 square feet is permitted.

1:58

Not long not located, the requisite three feet from exterior walls of the floor below, and located eight feet from the west or left side of the property where 10 feet is required.

2:13

Great.

2:13

Thank you, Mr.

2:14

Acting Secretary.

2:15

Yes, Mr.

2:16

Lees.

2:16

Uh good evening, Mr.

2:18

Chair, members of the board, Matt Lees representing the applicant and owner, Edward Bidill of 6K Court.

2:24

Um the variances that are required was described there and uh by Mr.

2:29

Grimes and the need for the variance is driven by the fact that although this is a large lot, um, it is an L-shaped lot, and the house was built uh over a hundred years ago before zoning, uh very close to uh the boundary line, one of the boundary lines.

2:46

Um it's as close as actually two feet to the uh westerly boundary line toward the front there as can be seen on the site plan.

2:54

Um and so anything that is gonna need to be done on the west side of the house will will require some kind of some kind of variance.

3:02

And um the deck will be adjacent to an existing third floor bedroom.

3:08

Makes sense to have it there uh to take advantage of the breezes and the light and air coming uh off the Almy Pond.

3:15

This house uh sort of looks out over to the almy pond.

3:18

Uh the deck size four by 10, slightly um nonconforming to the requirement, but it's minimal.

3:26

Umriginally with an application had been filed seeking a four by thirteen deck, uh, but it was realized that that could be reduced uh and still be functional.

3:36

It's essentially set up so that you can have a couple of uh chairs and a side table and be able to have enough room to get around it, but it'd be by no means anything that you could have a party on or anything like that.

3:48

It would just be something that you would sit on and and enjoy a cup of coffee or a glass of wine or something of that nature.

3:55

Uh the requirement that it be set in three feet from the floor below is not achievable because the uh the second floor and the third floor line up with each other.

4:07

Uh the third floor is not set in, and there's already limited living space on the third floor, so you couldn't push it back into the into the bedroom.

4:15

It would it would impair the living space.

4:18

Um it will, however, be entirely over the first floor because the first floor comes out a bit uh from the second and third floors, so there won't be any increase in lot coverage as a result of this deck.

4:30

It's a common feature in this area, as some of you may know.

4:34

Uh the area from basically Coxhill Avenue down to the pond.

4:37

Many of the many of the houses have decks uh on the upper floors and and rooftops.

4:44

So we believe it really is minimal to to a reasonable enjoyment of the permitted use, particularly in that area.

4:51

My clients talk to uh many of the neighbors.

4:54

There's three uh letters of support in the file from the three nearest neighbors and the neighbor across the street on Casey Court.

5:02

Also uh told them good luck, didn't submit a letter, but uh that has a voice of support as well.

5:10

And uh there haven't been any objections.

5:12

We have the architect here tonight as well as the applicant himself.

5:17

If anybody has any questions, uh but I'd also be happy to try to answer any questions anyone has.

5:22

Board members, any questions, Mr.

5:24

Lee's or any of the other experts or the homeowners.

5:30

Looks like you did a pretty good job in the written material.

5:33

Um and also the letters of support were helpful.

Discussion Breakdown — Share of Meeting
Zoning Variances█████████████████████████████████████████████60%
Zoning and Land Use████████████████████26%
Parking and Traffic███4%
Engineering And Infrastructure███4%
Historic Preservation██3%
Procedural1%
Water And Wastewater Management1%
Community Engagement1%
Summary of Proceedings

Newport Zoning Board of Review Special Meeting – April 13, 2026

The Newport Zoning Board of Review held a special meeting on Monday, April 13, 2026, at 11:00 AM (11:00+00:00). The board considered several petitions for dimensional variances and special use permits. All five members present (Chair Wick Rudd, Vice Chair Dave Riley, Secretary Bark Rhimes, members Cole Chevry, Melissa Padovina, and first alternate Richard Berlinski) voted unanimously on each item. No consent calendar, public comments, or staff communications were presented. The meeting lasted approximately two hours and concluded with a unanimous vote to adjourn.

Discussion Items

  • 6 KC Court – Edward Boudil: Request for dimensional variances to construct a 4×10 ft (40 sq ft) third‑floor deck where 30 sq ft is permitted, located less than three feet from the exterior wall of the floor below and eight feet from the west side property line (10 ft required). Attorney Matt Lees represented the applicant. He noted the lot is L‑shaped, the house was built before zoning, and the deck will be adjacent to an existing third‑floor bedroom. Three letters of support from nearest neighbors were submitted; no objections were raised.
  • 6 Greeno Place – Elijah Duckworth Schechter: Request for dimensional variances to lift by six inches and reorient an existing non‑conforming accessory structure (carriage house/garage) and replace a lean‑to addition with a two‑story addition to create a two‑bedroom, two‑bath dwelling unit. The proposed setbacks: 1.73 ft from the northwest side (existing 1.58 ft), 5.75 ft from the northeast side (existing 4.93 ft). Attorney Matt Lees represented the applicant. The project received HDC approval. No objectors were present.
  • 21 Clay Street – Julian and Olivia Wassenar: Amended application for dimensional variances to construct a 672 sq ft lap pool located 27.25 ft from the Stewart Court front property line (48.74 ft required), increasing lot coverage from 14.24% to 15.4% (10.3% allowed). Attorney Jay Jackson represented the applicant. The property has three frontages and is in an R60 zone with historic overlay. The original HDC certificate of appropriateness was issued for a pool 37 ft from Stewart Court; the preservation planner will administratively approve the minor change. No objectors were present.
  • 16 Anthony Street – John Liberacce: Request for dimensional variances to demolish an existing rear deck and construct a two‑story addition, a third‑floor balcony (30.63 sq ft, 24 sq ft permitted), and reduce lot coverage from 54.4% to 51.9% (33.61% permitted). Original height variance (31.5 ft) was removed after a 5% modification from the zoning officer. Attorney Peter Regan represented the applicant. The property is a 3,197 sq ft lot in an R10 zone; the applicant intends to make it a primary residence. Five letters of support were submitted; no objectors were present.
  • 337 Thames Street – Newport Bay Club and Hotel: Request for a special use permit and dimensional variances to add two guest bedrooms (increasing from 48 to 50) and two parking spaces that require maneuvering onto Perry Mill Wharf right‑of‑way. The variance for a dedicated manager’s parking space was withdrawn after revised plans met engineering standards (27 ft long, 9 ft wide). Attorney Jay Jackson represented the applicant. All modifications are interior; no exterior changes are proposed. No objectors were present.
  • 20-22 Anthony Street – 20-22 Anthony Street LLC (originally listed as 20-22 Anthony Revocable Trust): Request for dimensional variances to demolish a two‑family dwelling and construct a new single‑family dwelling on a 1,937 sq ft lot (R10 zone). Variances sought: one‑foot setback from the north side (11 inches required), height of 33.3 ft (30 ft allowed), lot coverage of 60.95% (36.13% allowed—later reduced to 54.5% via amended plan), and a 129 sq ft third‑floor roof deck (30 sq ft allowed). After discussions between the applicant’s attorney (Jay Jackson) and the abutter’s attorney (Matt Lees), an amended plan was submitted during the meeting, reducing the rear portion by eight feet (eliminating a first‑floor deck and one bedroom) and decreasing lot coverage from 60.95% to 54.5%. The abutter (LAH Management LLC) withdrew objections based on the amended plan. The applicant presented expert testimony from engineer Kevin Bean (structural condition), architect Ross Can (design replication), and land‑use planner Doug McLean (neighborhood compatibility). A neighbor, Michael Fiorello, spoke in support, noting the historic prominence of the house and the parking benefits. The board imposed conditions that the roof pitch as shown on the amended plans be maintained and that stormwater management be addressed during construction.

Key Outcomes

  • 6 KC Court – Edward Boudil: Unanimously approved (5‑0). Condition: project to be started and substantially completed within 12 months; extension requests must be made to the zoning officer before expiration; all outstanding public notice invoices paid in full.
  • 6 Greeno Place – Elijah Duckworth Schechter: Unanimously approved (5‑0). Condition: same as above.
  • 21 Clay Street – Julian and Olivia Wassenar: Unanimously approved (5‑0). Condition: same as above.
  • 16 Anthony Street – John Liberacce: Unanimously approved (5‑0). Condition: same as above.
  • 337 Thames Street – Newport Bay Club and Hotel: Unanimously approved (5‑0). Condition: same as above.
  • 20-22 Anthony Street – 20-22 Anthony Street LLC: Unanimously approved (5‑0). Conditions: project must start and be substantially completed within 12 months; extension requests must be made before expiration; all public notice invoices paid; amended plans (Exhibit 1) to be the approved plans; roof pitch as shown on those plans shall not be changed; stormwater management must be addressed during construction.

Meeting Transcript

Okay, we are on the record. Good evening, everyone. This is a special meeting of the Newport Zoning Board of Review. Today's date is Monday, April 13th, 2026. And uh I always say this and jinx myself. It looks like we've got a schedule that we're going to be able to get through tonight. Um let's get moving right away. First order of businesses uh roll call of officers. Uh Cole Chevry will be serving as a regular member. Uh Dave Riley, our vice chairman, myself, Wick Rudd, the chairman. Uh today, uh tonight, uh Bark Rhimes will be um serving as uh our secretary. And um we will have serving as well for Russ Johnson, Melissa Padovina, and then Richard uh uh Berlinski is our um uh is our first alternate tonight. And he will be listening in on all the cases as well. Um so moving on. Uh we don't really have much to before we get going here. We don't have any minutes, um, communications. There are no extension requests, there are no withdrawal requests, and there is no staff communications to us. Um, and uh for the first time in my memory, we don't have a summary calendar tonight. Um, which is always a little disappointing since they go a little bit quicker. But we do have two abbreviated summaries uh this evening. So I'm gonna ask our acting secretary, Mr. Grimes, if you would read in the first abbreviated summary. The first the first petition is that of Edward Boudil, applicant and owner of 6 KC Court, tax accessor plat 37, lot 025, and an R 10A zone for dimensional variances to construct the 40 40 square foot third floor deck where 30 square feet is permitted. Not long not located, the requisite three feet from exterior walls of the floor below, and located eight feet from the west or left side of the property where 10 feet is required. Great. Thank you, Mr. Acting Secretary. Yes, Mr. Lees. Uh good evening, Mr. Chair, members of the board, Matt Lees representing the applicant and owner, Edward Bidill of 6K Court. Um the variances that are required was described there and uh by Mr. Grimes and the need for the variance is driven by the fact that although this is a large lot, um, it is an L-shaped lot, and the house was built uh over a hundred years ago before zoning, uh very close to uh the boundary line, one of the boundary lines. Um it's as close as actually two feet to the uh westerly boundary line toward the front there as can be seen on the site plan. Um and so anything that is gonna need to be done on the west side of the house will will require some kind of some kind of variance. And um the deck will be adjacent to an existing third floor bedroom. Makes sense to have it there uh to take advantage of the breezes and the light and air coming uh off the Almy Pond. This house uh sort of looks out over to the almy pond. Uh the deck size four by 10, slightly um nonconforming to the requirement, but it's minimal. Umriginally with an application had been filed seeking a four by thirteen deck, uh, but it was realized that that could be reduced uh and still be functional. It's essentially set up so that you can have a couple of uh chairs and a side table and be able to have enough room to get around it, but it'd be by no means anything that you could have a party on or anything like that. It would just be something that you would sit on and and enjoy a cup of coffee or a glass of wine or something of that nature. Uh the requirement that it be set in three feet from the floor below is not achievable because the uh the second floor and the third floor line up with each other. Uh the third floor is not set in, and there's already limited living space on the third floor, so you couldn't push it back into the into the bedroom. It would it would impair the living space. Um it will, however, be entirely over the first floor because the first floor comes out a bit uh from the second and third floors, so there won't be any increase in lot coverage as a result of this deck. It's a common feature in this area, as some of you may know. Uh the area from basically Coxhill Avenue down to the pond. Many of the many of the houses have decks uh on the upper floors and and rooftops. So we believe it really is minimal to to a reasonable enjoyment of the permitted use, particularly in that area.

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