Newport Zoning Board of Review Regular Meeting - April 20, 2026

The Newport Zoning Board of Review held a regular meeting on April 20, 2026, at 11:15 AM. The board addressed minutes from the previous meeting, approved two summary calendar items, and conducted four full hearings on petitions for variances and special use permits. Votes were taken on all items, with most approvals unanimous except one 4-1 decision.

Consent Calendar

• Minutes of March 23, 2026: Sent back for revisions to include missing conditions (removal of loose stone and paving at Rosa Court property; securing three off-site parking spaces for Cafe Zelda property) and correction of a year error.
• Withdrawal Request: Appeal for 12 Goodwin Street was withdrawn. Motion approved unanimously.
• Summary Calendar – 10 Liberty Street: Stephen Lang applicant, Navagance Adventure Partners LLC owner – dimensional variance to install two AC condensers three feet from the right south side property line where five feet is required. No objectors. Approved unanimously with standard conditions (start and substantially complete within 12 months, pay all noticing invoices).
• Abbreviated Summary – 64 Bateman Avenue: Mark and Catherine Watts applicants and owners – dimensional variance to construct a detached accessory structure 14 feet 10 inches from the front property line where 20 feet is required. Applicant explained the need to center the structure on a corner lot. Board questioned water management (a berm was added) and confirmed no issues. Approved unanimously with standard conditions.

Public Comments & Testimony

• No public objectors appeared in person for any items. One letter of objection was received for the Mend Yoga petition (parking concerns) but the writer did not attend. One email objection was received for the 5 Lees Wharf petition (parking concerns) but no attendee. Several letters of support were submitted for the Mend Yoga petition from local businesses and residents.
• Patrick Kilroy provided a brief testimonial supporting the applicants (Stay Newport LLC) for the 5 Lees Wharf petition, praising their professionalism and clientele.

Discussion Items

1. Mend Yoga / BJA Associates LLC – 283-287 Broadway

• Request: Special use permit for a yoga studio (indoor recreation) and dimensional variances for parking (short 13 spaces) and minimum lot size. Existing lot is legally non-conforming; building previously a pharmacy with 4 parking spaces.
• Applicant’s Position: Attorney Bo Akers and owner Brooke Finocchiaro argued that the hardship is pre-existing; the lot cannot provide required parking. They presented two experts:
  • James Hool (land use expert) testified that yoga studios in Newport typically have no parking; many clients walk or bike. Class schedules have 30-minute gaps to avoid overlap. He stated the hardship is not self-created and the variance is minimal.
  • Todd Brayton (traffic/parking expert) conducted a field review and found abundant on-street parking on Broadway and side streets. He noted that the proposed use will generate less traffic than the prior pharmacy and that multimodal options (bus, bike) are available. Bike racks will be installed on the sidewalk and at the rear.
• Board Discussion: Members noted the lot is substandard, the use is low-intensity, and the move to a less congested area will ease parking. They emphasized that denying the variance would effectively preclude any business from operating there. Conditions include installing three bicycle racks on the adjacent sidewalk and improving pavement markings and signage for one-way traffic in the parking lot.
• Vote: Unanimous (5-0) to grant the special use permit and variances with the added conditions.

2. Ina and Jeffrey F. Palace – 14, 16 Bull Street and 2 Central Street

• Request: Dimensional variances to expand a legal non-conforming three-car garage by three feet to the south (garage wall 1 foot from side property line where 8.28 feet required), demolish a deck and build a breezeway between house and garage (increasing lot coverage from 43.70% to 45.16% where 23.44% allowed), and modify a shed roof dormer to a hip roof (height of 32 feet 9 inches where 30 feet allowed).
• Applicant’s Position: Attorney Michael Monte explained the garage is too small for modern cars; raising the ceiling (not seeking height variance) requires variance because the wall is already within the setback. The breezeway provides covered access; the dormer aesthetic change aligns with historic character. Architect Christopher Pernice confirmed the porch cover remains open.
• Board Discussion: Members agreed the variances are minimal and the design improves the property’s character. The lot coverage increase is small; the garage expansion is largely interior. The height variance for the dormer is only because it sits on a structure already above the height limit; the new dormer is more in keeping with the architecture.
• Vote: Unanimous (5-0) to grant all requested variances with standard conditions.

3. Stay Newport LLC / Five Lees Wharf LLC – 5 Lees Wharf

• Request: Dimensional variance to convert a three-bedroom guest house to five bedrooms without providing two additional on-site parking spaces. The property is in a Waterfront Business zone; the use is permitted by right but parking is insufficient.
• Applicant’s Position: Owner Marie-L Claire (principal of Stay Newport) stated they acquired the property after the application was filed. They secured a yearly lease for four off-site parking spaces within half a mile (at Waite’s Wharf). They manage 120 properties and communicate parking options to guests. They argued the hardship is the tight lot size and existing structure; the variance is minimal and will not alter neighborhood character.
• Zoning Officer’s Note: The off-site parking lease is acceptable but subject to change if the Waite’s Wharf development proceeds; the applicant would then need to secure alternate parking.
• Board Discussion: Members stressed the importance of enforcing off-site parking and annual lease renewals. One board member noted the objector’s letter raised valid concerns but the conditions address them. The board commended the applicant’s professional management and local roots. Conditions: Provide signed lease for at least two additional off-site parking spaces within half a mile to the zoning officer; update lease annually with guest house license renewal; include parking directions in tenant leases.
• Vote: Unanimous (4-0, one member recused due to conflict) to grant the variance with the additional conditions.

4. 41 Washington LLC – 1 Cherry Street

• Request: Dimensional variances to construct an upper-level greenhouse roof structure (44.2 feet height where 30 feet allowed), a one-story addition to the east (greenhouse) with an attached deck (0.67 feet from front property line where 6.92 feet required), and increase lot coverage from 59% to 67.22% (later modified to 67.22% from original 71.47% after reducing deck). Property is a historic brick warehouse (Manuel Brothers warehouse) being converted to a single-family residence.
• Applicant’s Position: Attorney Jay Rose, owner Patrick Kilroy, architect Chris Fagan, and land use expert James Hool presented. The building is a contributing structure in the historic district; the Historic District Commission approved the design. The greenhouse on the roof is actually a large skylight/cupola that brings light into the dark interior; it will not be visible from the street due to the building’s height and existing tower. The ground-floor greenhouse addition provides light and access to the rear yard. The lot coverage increase is minimal given the building’s massive footprint. All neighbors were consulted and support the single-family conversion.
• Board Discussion: Most board members found the hardship clear (substandard lot, massive building, HDC constraints) and the relief minimal. However, one board member (Dave Riley) dissented on the height variance, stating that the applicant did not prove the hardship for the roof structure and that alternative lighting methods could have been considered. Other members noted the HDC approval, the public benefit of converting a vacant industrial building to residential, and that the roof feature will not impact the neighborhood. The 4-1 vote approved the variances.
• Vote: 4-1 in favor (Riley nay). Approved with standard conditions.

Key Outcomes

• Minutes of March 23, 2026 – Revisions ordered; to be approved at next meeting.
• 12 Goodwin Street – Appeal withdrawal approved.
• 10 Liberty Street (AC condensers) – Variances granted (summary calendar).
• 64 Bateman Avenue (accessory structure) – Variances granted (abbreviated summary).
• 283-287 Broadway (Mend Yoga) – Special use permit and dimensional variances granted (5-0). Conditions: Install three bicycle racks on Broadway sidewalk; improve pavement markings/signage for one-way parking lot traffic.
• 14-16 Bull Street and 2 Central Street (Palace) – Dimensional variances granted (5-0) with standard conditions.
• 5 Lees Wharf (Stay Newport) – Dimensional variance granted (4-0) with conditions: Provide signed annual lease for two off-site parking spaces within 0.5 miles to zoning officer; include parking directions in tenant leases; update lease annually.
• 1 Cherry Street (41 Washington LLC) – Dimensional variances granted (4-1) with standard conditions. The dissenting board member opposed only the height variance for the roof structure.

Meeting adjourned. Next regular meeting expected in May 2026.