Mr.

Chair, we're on the record.

Oh, okay.

Sorry, I was just reading that objection.

Um like to call to order uh this regular meeting of the Newport Zoning Board of Review.

Uh today is Monday, April 28th, 2026.

And uh the roll call of office of uh of members and a determination of uh our quorum.

We do have a quorum.

Uh and we do have uh two of our uh alternates serving tonight.

Uh regular members uh we have tonight, myself, Wick Rudd.

Uh I've got uh over in the corner, um Dave Riley, our uh vice chairman.

I've got our secretary Russ Johnson, and we've got two alternates that will be serving as regular members tonight, Melissa Patavina and Richard Berlinski.

Um uh yeah, Berlinzer, I'm sorry.

Berlinski Berlinski.

Mr.

Chair, I think you accidentally said April 28th.

April 20th.

Oh, April 20th, I'm sorry.

Excuse me.

I think I might need some glasses.

April 20th, 2026.

Thank you, um, Nick.

Uh so uh let's get right to the schedule.

We only have one summary hearing tonight and one abbreviated summary, and then four full hearings.

Um of which did not have an objector, and we just got a letter now on five leaves dwarf.

We'll get to that in a bit.

But uh let's start off uh with uh the minutes if we can.

Um my colleague Dave Riley uh had uh found a couple of errors.

Dave, would you like to talk about them and then uh we will move to uh have the minutes redone and uh we will try to approve them at the next uh regular meeting, which is in May.

Yeah, okay.

Thank you, Mr.

Chairman.

Um there were just a couple items on the um uh minutes that were uh not completely outlined as far as some of the conditions, and one of them was on the on the property regarding uh uh Rosa Court, where there was a condition uh involving the removal of uh loose stone and stone from um the petition is uh property as well as the neighbor's property, and then um the um petition agreed to pave the uh the driveway area so that issue won't arise again.

And paving of the area was not included, so we want to include that.

The second one was uh on a petition off of a full hearing uh for uh cafe Zelda property.

And um it didn't address the the uh uh condition of approval uh uh of the um petitioner securing um three off-site parking spaces within a half a mile of the uh of the property, um which is obviously an important part of that uh of that uh decision.

So uh we revise those and then we'll uh relook at it next next month for approval.

Do we need to make a motion on that, Nick or no?

Uh yeah, make a motion to um uh send the minutes back to staff for uh revisions.

We also noticed another error that we um had listed uh last year's assistant solicitor, so we need to correct that as well.

So we'll discreet for that.

And Dave didn't catch that, huh?

No, I believe Melissa did.

I did.

Oh Melissa did all right.

I wanted to give Melissa something.

Okay, so if someone could give me that motion, please.

Sure.

I make a motion to uh send the minutes of the March 23rd, 2026 uh meeting back to uh the zoning officer for the uh above mentioned corrections uh to be reread and uh approved at the next monthly meeting.

Great.

Do I have a second?

Second.

Thank you.

Um all favor, please say aye.

Aye.

Any opposed?

Okay.

So it shall be done.

Okay, communications.

Uh there are no extension requests.

However, we do have one withdrawal request.

That is the 12 Goodwin Street request.

Uh they have uh uh they want to withdraw their appeal.

Um, so I will entertain a motion to to allow them to do that to to uh withdraw their appeal.

I'd make a motion to approve the withdrawal request of 12 Goodwin Street uh to uh withdraw their appeal.

Do I have a second?

Second.

Thank you.

All in favor, please say aye.

Aye.

Any opposed?

The ayes have it.

Okay, now we can dig right into the calendar.

Uh as I said, we only have one summary uh calendar item tonight.

Uh if you would, Mr.

Secretary, please read that in.

Yes, this is the petition uh Stephen Lang applicant, Navagance Adventure Partners, LLC owner, 10 Liberty Street, tax assessors plat 26 lot 35 in an R 10 zone for dimensional variants to install two AC condensers three feet from the right south side of the property where five feet is required.

Uh great.

Is the petitioner here tonight?

Yeah, yeah.

Yeah, I'm petitioner.

You are okay, Mr.

Jackson.

Very good.

Are there any objectors in the audience tonight?

Obviously, it's on the summary calendar because there were no written objections.

Do we have any anybody here?

Seeing none.

Um does the board have any questions of Mr.

Jackson on these uh uh on these AC condensers?

No.

Hearing none, um, Mr.

Riley, I will entertain a motion on this summary item, please.

Oh, okay, Mr.

Chairman.

Thank you.

I I move to place all matters on the summary, uh called this summary on the consent calendar.

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

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

Great, thank you.

Do I have a second?

Second, thank you, Melissa.

Um, all in favor, please say aye.

Aye.

Any opposed?

Okay, Mr.

Jackson, if you would.

If we can write up that uh that petition, that'd be great.

Um that's it for the summary calendar.

Um moving right along.

Uh we now uh are going to go to the abbreviated summary.

Uh we have one item on that.

Um please, if you could, Mr.

Johnson, read in the uh petition.

Certainly.

This is the petition of Mark and Catherine Watts, applicants and owners, 64 Bateman Avenue, tax assessors plat 40, lot 160, and an R 10A zone for dimensional variants to construct a detached accessory structure located 14 feet 10 inches from the Karen's Terrace front property line where 20 feet is required.

Great.

Is anybody here petitioner-wise or representation?

We have the two petitioners here.

Okay.

Um are you the Watts family?

Good.

I'm your neighbor on 38 Bateman Avenue, by the way, just so you know.

I had to ask Nick if uh I was within 200 feet, so which meant that I would have had to recuse myself, but I do not.

Uh, I'm that house with the uh the shamrock rock on the front of the driveway at the top of the hill.

So yeah.

That's the right thing to say.

Thank you.

Um did you want to get up?

Well, first, why don't you come on up on somebody and uh it doesn't have to be both if you don't want to?

And um, who wants to do the talking?

Okay, please raise your right hand, sir.

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

I didn't please state your name for the record.

Mark T.

Watts.

Okay, very good.

Um, so I think um we've all you can assume that we've all reviewed the petition and um are aware of what you're trying to do.

Uh there are no objectors, and I should just ask again are there any objectors in the audience uh for this petition?

I don't see any, so uh there were no written objections either.

Um so good for you.

Either you talk to the neighbors or uh they just uh they just don't object otherwise.

So what I'd like to do is um why don't you just tell us quickly what you're trying to do um on the property, and then I'll I'll open it up for questions afterwards.

Okay, great.

Yeah, we're looking to uh add an accessory structure to the what's considered the back part of our property.

Um we have four and a corner lot, so we have two frontages, um, both requiring 20 foot setbacks.

Um and in the rear of our house, we're looking to place the accessory structure um to center it in the the basic part of the of the back part of our property, right?

Right.

Um, so therefore to center it, we're looking to move it closer to Karen uh Karen's uh terrace um as opposed to not requiring a variance to make it closer to our neighbors.

Um so we're looking to basically center the accessory structure.

Right.

Okay.

And so in so doing that, um, you're within the setback on the Karen's Terran side, uh terrace side, Karen's terrace side.

Say that three times fast.

Um, great.

So uh do any of the board members have questions of the the watches or anybody?

Okay, but that's a good sign.

Um Dave, I'm sorry, do you have a question?

Uh yeah, I just had one brief question if I could miss you.

There uh on the back of your property, there's a little berm uh that's there, which it makes me think that there might have been some water issues that's that that that berm is containing.

Are you gonna address that as you're adding this additional hard space on the uh on the uh property um to uh sort of make sure that the the water on your property stays on your property?

No, maybe is it okay if I sure I'm gonna um no no hold on come in front of the microphone.

Sure.

I have to swear you in as well.

Please raise your right hand.

Do you swear to tell the truth, the whole truth, and nothing but the truth in his proceedings?

I do.

Please state your name.

Catherine Watts.

Yes, okay, go ahead.

Uh the berm was something we put in uh after our first march in the property um during a post-torential rain.

Um, and we noticed that um the property had uh had acquired some water.

So we raised the height of the property in the back by taking about 27 yards of dirt uh overall, and then added the berm as just a soft gentle way to redistribute or direct the water towards the street where so it wouldn't affect either ourselves or our neighbors' property.

We spoke to them about that plan and they were fine with it.

And it has worked well for both parties involved in terms of redirection of any water that would we'd be hanging out after a significant rainfall, of which we've only had one occasion, that initial uh flooding that happened last March.

Um and um we have already spoken with landscape artists and designers, and they felt that that was the right thing to do.

And since we've not subsequently uh encountered any issues since the soft berm, um they've deemed it a good choice.

Okay, yeah.

Thanks.

Thank you very much.

Great.

Thank you.

Any other questions from the board?

Hearing none, I'll entertain a motion.

Yeah.

Uh yeah, Miss Mr.

Chairman.

Uh on the um on the petition of Mark and Katherine Watts.

Uh, I moved to adopt as the board's finding a fact the information the staff report, application, supporting plans and documents and testimony uh of the witnesses, uh, together with the comments spread on the record by the board members, adopt as the board's conclusion of law that the petition has met their burden of proof under each element under chapter 17.108 of the new board zoning ordinance entitled Variances and Modifications.

Um that the petition be granted on the condition that the project we started substantially completed within 12 months of the decision or extension requested to the zoning officer prior to expiration, and all outstanding invoices relating to the cost of public noticing 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, uh Melissa.

Uh, all those in favor of this petition, please signify by saying aye.

Aye.

Any opposed?

Hearing none, that's a unanimous decision.

Good for you.

Congratulations.

Thank you.

So well conceived plan.

And and I'm generally speaking, very supportive of ADUs, accessory dwelling units.

Um, it's good for the housing stock in Newport.

So good luck to you.

Thank you.

Thank you.

Okay.

Uh moving on.

I see that there are no appeals.

That's great.

All is glad to see that.

So we'll move on to the first of our four full hearing petitions tonight.

Uh, if you would, Mr.

Johnson, on the first one, please.

Yes, this is the petition of men yoga, mend yoga applicant, BJA Associates LLC owner, 283-287 Broadway, tax assessors plat 11 lot 66 in a limited business zone for a special use permit to establish a commercial indoor recreation facility, yoga studio, and dimensional variances to the parking standards to not provide the additional 14 additional parking spaces required and the minimum lot size required for a commercial indoor recreational facility.

Great.

Thank you.

And uh who who are we here?

Are you the petitioners?

Uh yes.

Okay.

And your name is sir.

My name is Bo Acres.

I'm counsel on behalf of the petitioners.

Oh, okay.

Yes.

Very good.

And I have with me uh Brook Finocchio.

Sorry.

Finocchiaro on behalf of Mend LLC.

Okay.

Um and then and then a couple experts.

Uh, but if you would like, do you have any questions would you like me to open?

No, I think what we'll do since um the first question I have there was a letter of objection in the packet.

Is that objection?

Uh is that a butter here tonight?

I don't know hands.

Is anybody else here that objects to this petition tonight?

Okay.

Um seeing uh nobody here uh in objection, and we do, as you know, have one uh uh uh abutting neighbor that is objecting uh to this based on the parking issue, of course.

Um so no, please present your case and um we'll I'll help guide you through it if I can.

Awesome.

Thank you.

Um so my name is Bo Akers.

I'm an attorney uh from Brainsky Levinson out of SeaConk, Massachusetts, licensed both in the Commonwealth and Rhode Island.

Um so this is for uh the address of 283-287 Broadway, uh Sessors Plat 11, lot 66.

This is for the a proposed yoga studio.

Um I believe previously it was a CBS and or pharmacy.

Um the lot is approximately 3,600 square feet in change.

Um, and the uh project would consist of a retrofit of the interior first floor, which is approximately 21 and 67 square feet uh or 76 square feet, um, which has been you know submitted with the application.

This is for a special use permit um for this proposed use that under the ordinances is considered indoor recreation.

Uh kind of on that note is it would do kind of seem more so that that would I don't know what the what the city was um proposing with putting a yoga studio, but it would seem something that'd be more like an indoor go-kart racing place or pickleballs for that type of indoor recreational use.

But either way, this falls under that.

So we're here for that special permit.

And as you mentioned, it's a non-conforming uh legally pre-existing non-conforming lot, um, dimensionally undersized here.

And there are only four parking spots, and there would be no way to create new parking spots on this particular lot.

Um, as mentioned in the staff report and supplementary memorandums in support of this, there would be nothing.

It was nothing that was uh this current applicants, um, it was not something that they created, not a hardship of their own.

This is existing.

Um it was in 2011, the zoning board here uh approved the construction of of the structure that exists here today, um, which was dimensionally non-conforming and obvious and is well needed uh variants for the parking, um, as well as a special use permit for the retail aspect in the LB district that were in here today.

So honestly, very similar.

Um, I don't know if that was in your package, but I also have copies of that prior um zoning decision with me here as well, if you would if you'd want to see it.

Um that being said, uh I have with me um Rook Finocchiaro, who is here on behalf of Mend LLC.

And if you'd like, she can give you an overview of what they're proposing here uh for this property project.

Sure.

Um just a question uh for you, Nick.

Um, so in terms of pre-existing condition, uh they're 14 spaces short of uh they need 14 spaces on top of top of the four that are there.

Yeah, we actually um recalculated it to be 13 spaces that the property would need to provide in addition to the parking credit that we refer to often.

The the the parcel itself has a credit of 10 spaces, though only four exists, the new use and the second floor existing residence, I believe required 23 spaces, so it needs 13 additional spaces because of the the commercial indoor recreation facility has a requirement of one space per 100 square feet of the commercial indoor recreations.

Okay, so uh so the previous use as a CVS or was some and it was another drug store, I think it's right next to Island Liquors.

Um so their their requirements were less than is based on what you're saying.

Okay.

Um great.

That's what I wanted to know.

Thank you.

You're welcome.

And on that note, um, if if the variance, um, the variances here and especially the parking were not to be granted and the strict use uh of the zoning ordinance were to be applied, it would pretty much render this uh piece of property uninhabitable by any businesses in this district.

And I went through the ordinances regarding restaurants, regarding taverns, things that are both permitted by right and by special permit would essentially be prohibited from up uh from operating here at this location if the strict use was applied.

Uh so I did want to point that out.

That'd make it tough for anybody, um, not just the applicant here.

Uh, and then if I may, I'll hand it over.

Please.

Please raise your right hand.

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

Yes.

Your name?

Brooke Fnochiaro.

Okay, very good.

Hi.

I just wanted to introduce myself quickly and who we are.

My name is Brooke, and I own Mend Yoga, which is a studio that's centered around community and overall well-being.

We started at uh for Equality Park, actually, right down the road from this location seven years ago when we couldn't find a studio that was talking about the connection between movement and mental health.

And we hope to continue our practice at this new location.

Thank you, and thank you for your consideration.

Thank you.

And you said you had some witnesses.

Is that right?

I do.

I do.

May I just ask very quickly, um, what's uh what's prompting your move to this new location?

The location that we're in now, the landlord wants us out by October.

So that's a good prompt.

Okay.

Yeah.

So I have as well.

Thanks if you like.

Um I have with me uh Mr.

Jim James School, uh, who would be testifying as our land expert, land use expert here.

Sure.

Come on down, Mr.

Who.

Good evening.

And we have to swear you and yes, and you'd swear to tell the truth, the whole truth, and nothing but the truth in this proceeding.

I do.

Yes, and please state your name.

James Hool, H O U L E.

Yeah.

So okay, so I'll take it right from the start.

Um, I was asked to look at the petition for the category three special use permit.

Um, and in terms of the dimensional variance for the parking, there they overlap.

I think that the um category one standard is parking and loading.

And you know, that clearly is an issue uh in this particular case since they are short 13 spaces.

I have looked at other, this is very typical for yoga studios to not have any parking.

They currently don't have any parking where they are.

I looked at other studios in town, Love Defeats Fear and Marlborough Street, a studio that I've gone to a lot, has no parking.

Uh titanium yoga on Thame Street when Patty Doyle ran her yoga studio on Thame Street, she had no parking.

Uh Newport Power Yoga on Williams Street has no parking.

Uh Newport Ballet Academy, um, not strictly yoga, but a very similar type of operation on Washington Square has no parking.

Uh Newport Box Fit on the Casino Terrace, Flo Pilates on Prospect Hill and Golden Means Pilates on Freebody Street.

Most have no parking, the rest have only a small shared lot.

So I look at um this is being very typical in town.

Um what Brooke didn't tell you is that on her classes, she has uh limited classes during the day, but she has a 30-minute period in between classes, so that it allows the people to clear out the the uh people who have come uh to the studio for classes, uh gives them time to clear out and before the next class begins.

So there's no kind of an overlap on the on the property that's there.

Currently they have a lot of students that either walk or a bike to the it's a health issue, so of course it's uh part and parcel of that that they would take advantage of walking or or taking a bike uh to class.

Um clearly the the period of the year they're gonna do that more frequently is one that's more crowded for parking.

So it makes so it will help a lot with the number of spaces that are actually necessary.

So I don't I didn't see this, as you know, I've testified many times about parking.

I do not believe that on a lot that is already substandard that is existed successfully in its location and uses with only four on-site parking spaces in the past, that um there wouldn't be any further issue introducing the the mend yoga to this spot.

So with that, I felt that they had um it, you know, I feel that it applies that it conforms to that standard without any problem.

A lot of the rest of the performance standards uh deal with new construction.

Um those were not changing the building, it's not being changed at all.

Uh the use is not being the use, of course, uh, in terms of the type of business, but it's commercial and residential.

It stays the same.

The parking spots stay the same, but they are bringing in um bike racks that will be um installed.

I don't have the exact plans, but they're going to be installed to the back of the building and a light on the sidewalk in front.

So that will satisfy that um standard.

Do I have that right?

Okay.

I just want to make sure that I had understood that correctly.

Um I did look at the other standards, I believe that they uh adhere to all the standards because again, most of them are for new construction.

I then looked at the dimensional variance standards.

Um, it's the same uh type of issue.

The hardship uh has long existed.

This is substandard lot.

The building already occupies way over um, you know, it's got 2100 um 3600, 3600 square foot lot, and the footprint of the building is 2176.

So it's already covered.

Uh it only accommodates the four parking spots.

There's no room to add parking to the property.

Uh, and it's a hardship that's not going to be cured on site.

Um the hardship is not any prior action.

It's existed in this configuration since they built it in 2011.

Uh, the granting of the requested variants were not all to the general character.

Certainly will not do that.

Um, certainly that is proven by the use that's already been going on in a quality park that has not had any impact at all.

And in granting the dimensional variance, the hardship suffered would be much more than a mere inconvenience.

Uh, considering the past history, successful history of the operation that uh that it's operated without any parking, so it's very comparable to what goes on.

So I think it would be much more than a mere inconvenience if they were not uh granted permission to operate the business on site.

And that's it.

Okay.

I don't know if anybody had any real questions on that.

I think it's pretty straightforward.

You know.

Board members, any questions of Mr.

Hole.

No.

No.

Okay.

Very good.

Thank you.

All right.

And then next, uh, we have an expert testifying on behalf, Mr.

Todd Brayton, um, in regards to parking in traffic.

I believe he submitted that supplemental report as well.

Yes.

Uh yes, yeah, you've testified before us before, yes.

Uh 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.

Todd Brayton with Bright Associates.

And uh you are we I think we will allow you to be uh categorized as a parking expert.

I think that's fair.

You've testified in front of us before.

I've been in front of you guys many, many times.

So yes, continue.

Um, so uh the owners of the the men yoga asked us to look at parking because obviously it's uh variance that's required.

Um so some of this is gonna be repetitive, what already said.

I apologize for that.

Um so they are renovating the first floor of the yoga studio.

Um upstairs is a currently an apartment which is going to be the same.

Uh no exterior alterations are proposed except for the the three bike racks that are proposed on the bump out break in front of the building on the east side of Broadway, just to the north of Friendship Street.

The behavioral parking will remain the same.

Access to those parking spaces now is provided from a driveway on Bullis Road and also an exit-only driveway onto Friendship Street.

Uh so we did a field review of the site uh about two weeks ago on April 8th.

Um just to kind of look at at the site and the and the area around it, especially the parking.

Um, so as it was mentioned, 23 required spaces uh for this 21 for the studio, two for the apartment for the zoning ordinance.

And as again, as mentioned, uh not possible to add more parking just because of the the size of the the site does not allow that.

There is on street parking on both sides of Broadway.

Most of it is unrestricted except for a portion on the east side of uh Broadway to the south of Friendship Street, kind of in front of the Newport Hospital.

Uh, and then both sides um directly in front of the building and Island Lickers between uh Friendship Street, Pleasant Street, and uh Melbourne and Bliss to the north.

That's all two-hour parking in those areas.

The rest is unrestricted further north and south on Broadway, as well as on the side streets off of Broadway, it's all unrestricted parking.

Uh so we did know when we were out there we went, we timed it so we'd be out there later in the day when they would do have classes, and there was abundant parking um on, especially on Broadway in front of uh the studio with proposed studio and and north and south on Broadway, especially there was some on the side streets, but Broadway had had plenty of parking available.

And and on the way here, I know it's rainy, so maybe not the best uh best day, but again, lots of parking available on Broadway.

Um, so as was mentioned, the classes are gonna be scheduled, so there is gonna be a gap between them.

So uh I think the timings in the afternoon is like 4 30 with an hour class and then six o'clock with an hour class and then uh 7 30.

Is that correct?

Yes.

Um be half hour between.

So typically um, I think the the people that are going to class would arrive about 15 minutes or less before the class.

So there's gonna be a gap where the the class prior will be able to clear out and then open up parking for the next class.

Um if there is a an and concern with the amount of parking, which again may not be a concern.

Um there is multimodal travel in the area.

There's sidewalks on both sides of uh broad Broadway as well as on the side streets.

Um Broadway is marked as shared bicycle lane for vehicles and bicycles to use.

There are bus stops on Broadway just south of Friendship Street, uh, so pretty much across Friendship Street from the proposed studio.

Uh the bike rack um is gonna be proposed to be installed on Broadway.

And uh the owner has mentioned that uh based on the like informal at least um surveys of their uh class uh attendees that about half of them either walk or bike to class typically.

Uh and also the existing yoga studio, which is about a little more than a quarter mile to the south of the proposed, is is a more congested area.

But even with that, there doesn't seem to be any problems with people finding parking spaces at that location.

Um we we did go out there also about the same time when we were looking at the proposed site, and we didn't we didn't notice any issues with anyone uh having trouble finding parking at that location.

Um and the owners have indicated that they have not received any complaints either from anyone attending their classes or from neighbors in regards to uh problems with parking.

Uh so do the available on-street parking in the area, the multimodal accommodations and proposed non-overlapping schedule.

It is my opinion there is adequate parking to accommodate the anticipated demands and will not adversely impact parking operations in the area.

Uh and actually one thing, which kind of was mentioned the uh the previous pharmacy use would would generate more traffic and parking than the yoga studio if it's gonna be open for many more hours during the course of the day, higher turnover rate.

So um this this use would be much less intense than that in terms of traffic and parking.

Um although my guess is is that uh CVS is more in and out than uh than the yoga use would be, right?

Potentially, but but it's there's still people coming and going and yeah.

And so what are the hours of operation of of the yoga studio going to be?

Will it be in morning classes?

We're a little bit so yeah, um you want to yeah.

Yeah, it's okay, you're still under oath.

I yeah, so we run about six classes a day from 5.30 until 8:30 at night.

And we have a big gap during the day.

So our morning classes end around 11 and our um evening classes start at 4:30, like Todd mentioned.

Is the 7:30 one the last one?

Yeah.

Okay, and that ends at 8:30 then.

Okay.

Um sorry, were you done, sir?

Or no?

I was on and then in the weekends, we only do classes in the morning on Saturday, so after 11 o'clock.

We're not really there.

Sunday, you're closed.

Sunday, we still have classes.

Oh, you do.

Okay.

Good.

Um, questions from the board.

So I would just like to ask very uh quickly of uh Brooke again.

Um the um the class size, are they gonna be similar?

Are you moving into a bigger facility or is it about the same size?

It's the same size.

Okay, so the parking demands would be about the same as well.

Yep.

Okay.

So in relation to that, um, I'd like to ask about the parking.

And you mentioned that uh at the current location on a quality park, uh, that might be a more intense use because of the location of restaurants and typically that section of Broadway that has more activity.

So this may uh I I I'm not putting words in your mouth, but I think I heard you say that where they're going uh on the corner of friendship and Broadway um has less activity and therefore uh maybe actually easier to find a parking space.

Yes, exactly.

Okay, I just want to clarify both those.

Thank you.

And um to be sure in that part of town, when you get off of Broadway, is that sticker parking up there on the side streets?

Excuse me.

Um, so most of the streets that we looked at, we looked at um friendship pleasant, Malbone, uh Bliss, uh I have the list somewhere, but the streets up and down that way.

And actually, there was no resident secret parking on on those streets.

There is um actually I think the objector was there from Elwood, which is off of friendship, but behind the studio, and that does have resident um sticker parking only from well, is it May until October, I think is the time frame?

Correct, yeah.

Yep.

Okay.

Other questions.

Uh yes, Ms.

Chairman.

Um I'm not sure if anyone has any pictures of where the uh bike racks are gonna be.

I know that you've described it, but is there any like uh picture of the building to show me?

Uh is it on the is it on the Broadway side?

So I I do have one.

I don't know if that was submitted.

Yeah, yes, it should have been, I believe it was submitted as well.

I put it okay.

So oh, in the opening there.

But I can I see that if I if I may, can I approach it?

Yeah, sorry, quite correct.

Well, no, if you show me up here, that'd be great.

Up there.

Okay.

So uh go to your go to your left.

Your left.

Yeah, there we go.

Zoom out.

So there's the light there.

Where's the two lights?

Uh oh, it's on is it on the other side?

Is it?

No, no, that's yeah, so no, it is this.

Okay.

Yeah, it's right there.

That's the crossroad.

So I can actually speak to that.

I went out um personally to the property.

Um what we've measured is effectively in this double square of concrete.

Got it.

There's more than enough space to fit three bike parking space uh racks that would fit six bikes on it uh per the standards from the city engineers.

So this is kind of the zone that has been identified as being available that does not block the sidewalk uh for for purposes of uh you know pedestrian clearance going to or from you know the main path of travel up Broadway or from the cross streets.

And so that would be allowed.

Uh yes.

Yeah, our city engineer has said that that location would work.

Okay.

And um, can I ask you a follow-up to that, Nick?

Since that's in public right of way, does that now become usable by anybody in the public?

It's technically public bike parking in that location.

I mean and additionally, there's also a proposal in in addition to that, which would be on the property itself.

And I have a picture of that here that I can hand you if you'd like, but it'd be in the rear of the property, uh, pretty much adjacent to where the parking spots are located currently.

We're looking to is it is is the idea to do both or either or it would be it'd be both.

Yeah.

Both.

So it'd be in in addition to the the one that we've been speaking about on the sidewalk here.

Okay.

Okay.

Follow the picture.

So that's that'd be the rear and you're the parking.

Yep.

Thank you.

And that's a one way that comes off of Bliss that goes behind the liquor store as well, right?

Yeah.

And comes around.

Okay.

I got it.

Other questions?

Board members.

Hearing none?

We're good.

Thank you.

Thank you.

Thank you.

And those are your experts.

Yes, those are my experts.

Okay.

And again, there are no objectors here.

As I said, we did have one letter of objection, which is mentioned um on the side street.

Um I believe there was also nine letters of support by uh not only local businesses in the Albi district here as well as even residential um abutters.

Yep.

Yes, they were.

There were a number of uh of uh letters of support.

That is correct.

Um if you'd like to make a uh a c a little bit of a closing statement, you're welcome to do that.

Uh then we will have discussion and we'll have a vote.

Perfect.

All right.

So as you've heard it, this is an application for a proposed uh yoga studio um requiring a special use permit from the board as well as dimensional variances for uh lot size and parking.

And obviously the hot topic here would be parking.

You've heard from the experts regarding land use in the area of Newport, uh, especially in particular to uh yoga studios and fitness studios and the like um and the issues then with parking as well.

And here, not so much being an issue uh where you have sidewalks where you have uh bus stop and you have staggered classes that would affect uh would help alleviate issues with parking here.

Um and it's a less congested location as um uh as opposed to the other one that's it's uh a quarter mile uh down on Broadway.

Um so that being said, uh I believe the standards are met here for special use permit, uh, especially to the fact that this is a retrofit.

This isn't a major construction.

Um, there's going to be no net increase of impervious surface.

Um, there's gonna be no alterations of the structure itself, so there's no extensions, there's no proposed uh bump outs or or increase of lock coverage, if you will.

Um, this would all be internally on that first floor.

Um, just like the prior use uh of a retail, which would have been the former pharmacy.

Uh that one needed a special use permit as well, as well as dimensional variances for the construction of that building that stands today, which were granted.

So essentially, we're standing here 15 years in the future, um, hoping to have a place for uh my client to teach yoga classes, which I believe would be a benefit to society uh to the community here.

Uh should I have friends that actually live just a few blocks over that were excited when they heard that there would be a yoga studio down the street here.

Uh, and I think it'd be a good thing for the community.

Um, and you have people who would likely walk and actually ride bikes.

Um, that would help with the traffic as well.

Um, so I believe that to that extent, there wouldn't do there would not be issues with neighbors.

Uh, you're not doing with noise, you're not dealing with out outside service of alcohol or activities of that nature, which for restaurants that's that's permitted here um in the city, and there is that, but here you wouldn't have that.

So that wouldn't be an issue.

Um, the one objector is as uh Mr.

Brayton noted uh spoke of lives on a neighborhood that does have um assigned parking for a part of the year, which you're gonna alleviate the issues there with that neighborhood uh for a good amount of the year, May through October.

Um, and then as you stated, friendship and Broadway both have um a decent amount of parking here in that area um from when they visited and just driving by today.

Um so on that note, I believe that the issues when it comes to or the criteria under category three are met for special use permit, as well as um for a variance on both counts, being that one, it's a legally pre-existing non-conforming lot of record.

Uh, it is not something that was created by the applicant.

Um, it is something that this relief is the least requested.

There's no request to extend the building uh to extend the structures to increase nonconformity uh when it comes to the dimensions.

Uh, they are just given what they have here and are trying to work and make the best out of um an existing piece of property here.

Um, and so it's it's a lease request being uh re least relief being requested here on the applicant's end.

Um and I think something that would be beneficial for the community and for the neighborhood.

Okay, very good.

Thank you.

Thank you.

Okay, um Mr.

Chairman, before you close the uh there was a suggested condition.

Um I thought I'd read that in now before we uh we close to make sure this makes sense.

See if it's it it relates to the parking uh the bike, the bicycle racks.

And the uh condition that will be read into the motion will be to install three bicycle racks on the sidewalk adjacent to this property on Broadway, as well as a condition to add improved pavement markings and signage related to the one-way traffic in the parking lot area of the parcel.

Right.

Very good.

Okay.

Very good.

Uh, we're gonna close testimony on this petition, and um I'd love to entertain a motion, Mr.

Riley, if you would.

And then we will have discussion and we'll have a vote.

Okay.

Yes, Mr.

Chairman.

On the petition of uh men yoga applicant, BJA associates LLC.

Um I move to adopt the board's finding of fact, the information and staff reports, applications, supporting documents and testimony of the witnesses, along with the representations of council.

Uh uh, along with any uh exhibits that have been marked.

Together with the comments spread on the record by the board members and adopt the board's conclusion of law that the petition has met their burden approved under each element under chapter 17.108 of the Newport zoning ordinance and titled 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 uh special use permit, specifically category three.

Uh the petition be granted on the condition that the project be started and substantially completed within 12 months of the decision or extension request of the zoning officer prior to expiration expiration and all outstanding invoices relating to the cost of public noticing be paid in full and as a condition of recording the decision and the additional condition uh to install three bicycle racks on the sidewalk adjacent to this property on Broadway, as well as the condition to add improvement uh improved pavement marking and signage related to the one-way traffic in the parking lot area of the parcel.

Great.

Thank you very much.

Do I have a second?

Second.

Thank you, Melissa.

Um anybody itching to get started with us here tonight.

You want to go, Richard?

Why not?

Please.

So this is a common hardship that you see in this zone.

Uh the applicant did not create it, nor can they uh alleviate it.

Um so I believe they did meet the burden of proof for the hardship.

Um I'm in support of having a business there rather than an empty spot.

I believe it is good for the community and good for the landlord both.

Um I don't believe that it's a more impact impactful use than the previous one.

Um I do see people walking to your current location.

I saw it on my way here.

So I agree with Mr.

Hole.

That's common and typical for this use.

Um, one objector, nine letters of support.

So I feel this is a no-brainer and I will be supporting it.

Great.

Thank you for that.

Melissa.

Um, I will be supporting this application as well.

Um, I think this is quite a substandard lot, um, not the result of any act action of the applicant.

Um, I really I I think I appreciate um their counsel's uh distinction between um the recreational use of a fairly small yoga studio versus the impactfulness of some larger um recreate indoor recreation use.

Um I think the business has been in operation a long time without any parking, and in fact the move to this location, the addition of bike racks, the proximity to transit options, does in fact um as their transit um analysis report revealed, create more of a multimodal situation.

So for those reasons, um I will be supporting great, thank you.

Um I'm happy to go uh just to mix it up a little bit.

Was complaining last last week about all was going last.

So you're up.

I'm gonna go.

Um so I too will be in support of this petition.

Um I I I echo the comments made by my fellow board members.

Um I I think there were a couple things that you said that were that were apropos.

Um I think this is low intensity, okay, in terms of what what is going in there now and relative to a bar or restaurant, that would be much more high intensity.

Um, and as well, even I believe the uh, you know, a drugstore, the CVS.

So that's one of the reasons.

Um second, which has not been brought up, but really in the in even this is limited business, but even downtown and waterfront and more general business in Newport for commercial established, there is no parking.

Okay.

So we we we we get these things all the time where um there there just isn't and there never will be, because it's just not there.

They're public parking lots, yes.

So I think because it's further north on Broadway, um, I am uh I do believe that there's a lot more available parking on the street, um, both sides on Broadway.

I think that's important.

Um, and that this, you know, that it's pretty unrestricted.

Um so, you know, I'm also uh taken by the fact that you know what else could go there, okay.

Um if you're gonna if you're gonna deny this because of the parking situation, you're pretty much gonna have to deny everything.

So there isn't going to be anything there, and that's not a solution either.

So lastly, um, you know, in my mind, I I actually think these biking racks will be used um because you know, biking goes with yoga, right?

I mean, you're you know, you're exercising, and so you want to get there in in a way.

So I think that they're they I think that they will get used, and I think that that will mitigate some of the uh potential for cars parking on the side.

So um it also uh there is a hardship.

It is an undersized lot.

Clearly that's the case.

That's why we're here um in terms of the parking.

Uh, I don't think that uh uh you know, I don't think it's gonna be injurious to the neighborhood.

Uh I think it's gonna be actually in harmony with the neighborhood.

Um so it actually meets all of my findings of fact.

Uh and so for all those reasons, I will be supporting the petition.

Rush.

That's one of the words.

Go ahead, David.

Thank you.

Um I'll also be supporting uh this petition.

Um the hardship um is is clear is clearly the fact that uh there's uh not the available on site parking um uh on the premises.

Um there um uh the also complicated by an easement that's been granted on that property on the parking and back that might have provided some more, but but that is easement precludes you from doing that.

Um I think the parking standards have been addressed in part by the parking, the bike racks, uh and testimony that many of the clients of the yoga studio uh walk or bike to the facility.

Um the variants to the um a commercial indoor recreational facility uh that would require 10,000 square feet.

Um I think is also very reasonable because I don't believe that that a yoga studio really falls into that classification very well.

There's probably just not a separate yoga studio classification.

Um and therefore it's easy to grant that variance.

Um the petitioner meets all the standards of the category three special use permit, especially the items relating to the bicycle parking.

The applicant has demonstrated their requested variances and special use permit will not alter the the uh character of the neighborhood or impair the intent or purpose of the zoning ordinance and are providing uh uh will be providing the minimal variance necessary for reasonable enjoyment of the property.

Uh and we uh really as an aside also appreciate even more bicycle parking in the rear of the building, which would I think be helpful because that might get used as Melissa might have uh umplied on Broadway uh so the extra bike parking would be helpful.

So I'll be supporting the petition.

Thank you, Dave.

Uh Mr.

Johnson, if you want to thank you, Mr.

Chairman.

And that's why I'd like Dave to go uh prior to because he covers all of the uh all the finer points of the application.

I think the first two requests uh for the special use uh permanent and the uh variants uh regarding the 10,000 square feet, those obviously were something that were not appropriate.

They're part of the regulations, but they were not appropriate to this particular application.

The the crux of the matter was the parking, and I think with both expert testimonies that were given, uh I feel I'm comfortable with um with what's been presented and the fact that uh the parking will uh be actually more available where they're going.

Um and I would also add that I was also swayed by the owner's testimony um that it's basically the same class size, it's the same.

So she knows her clientele, she knows how they get there, how they get back.

Um so I I don't feel like um this is something that's just being thrown against the wall.

You're aware of of who you're who your people are, how they get there, how they get back.

And so I don't see the parking as being uh an issue here, particularly now that it's moved uh quarter mile, half wi mile north and out of that busy restaurant uh business.

So uh I too will be voting to support uh this petition.

And as a fellow yogi, I wish you uh the best of luck with your new adventure.

Great.

Thank you, Mr.

Johnson.

So um I will poll individually each of the board members on this petition.

Um Mr.

Uh Belinsky, how do you uh vote?

Mr.

Belinski, aye.

Mr.

Rudd is aye.

Mr.

Johnson, aye.

Mr.

Riley, aye.

That's all five of us.

That's a unanimous decision.

So um good for you.

Good luck to you.

Yes.

Thank you, Chairman.

Thank you, members of the board.

Well argued too.

Thank you very much.

Thank you.

I'm sorry.

Oh, yeah, I'm sorry.

Yes.

Can you write up the uh the decision for the uh for the board uh for the uh zoning department?

Is that okay?

Yeah, contact me.

We always try to you know take a little bit of the workload off, right?

For you guys.

You're working very hard.

But uh yes, you guys are all set.

Um so before we move on, I just wanted to um you guys are good.

You can stay, you can stay if you want to watch family um and watch the proceedings if you want, but you're you've been approved.

So you're you're you're you're you're good to go.

There you go.

Good luck.

Yeah.

Wow.

What's that?

Thank you there.

Goes our whole audience.

Oh, all right.

Okay.

Let them clear out.

Yes, hello, Mr.

Monty.

Good evening.

I I believe we're up next, but I'll wait till you read us in.

Um ready?

Yes, we are ready to move on.

This is the petition of Aina and Jeffrey F.

Palace, applicants and owners.

14, 16 Bull Street and two Central Street.

Tax Assessors Plat 21, lot 32-6, and then R 10 zone for dimensional variants to expand an existing legal, non-conforming detached three-car garage by three feet to the south, raising the garage wall located one foot from the right north side property line where 8.28 feet is required.

Demolishing a deck and constructing a new porch connection between the main house and the garage, increase in the lock coverage from 43.6961% to 45.16%, where 23.44% is allowed, and modifying a shed roof dormer by reconstructing the dorma roof as a hip roof, reaching a height of 32 feet nine inches, where 30 feet is allowed.

Great.

Thank you, Mr.

Johnson.

And before we get started, Mr.

Monty, is anybody here objecting to this petition tonight?

I see any objectors.

I do not.

And I do not believe there are any written letters of objection.

Is that correct?

Yes.

So thank you.

Excellent.

Uh and good evening, Michael Monte from Saregent there for the record.

Uh this is actually quite a straightforward application, although there are multiple requests, and I think um we were almost put on the abbreviated summary calendar, I understand.

So I'll give an overview of what the request for variances are.

And then I also have our project architect from Course and Design with me, and my client, the owner, Ina Palace, if the board does have questions after my presentation.

Um, so this is uh a property on the corner of Central Street and Bull Street.

It's approximately 8,600 square feet.

If you've walked by uh that area, it's you know, it's a block behind City Hall.

Um, it's across the street from the Verizon building, uh, and then it's in this um densely residential area.

Uh on the property, there are currently two structures, uh Queen Anne Victorian that was constructed in 1860, and also a garage, um, which I believe was uh formerly uh a barn and is is also not uh a new structure.

My client purchased the property in 2017.

The Victorian is a third unit multifamily.

The owner has the second uh unit as a second home for her family, and the other two units are rented out long-term residential.

Um the project consists of three items.

The first, uh, and if we go back to that Google Earth image, I think it's probably the most helpful.

So the first is to deconstruct that deck that's located in between the main structure and the garage, and then to build um sort of a breezeway connecting the garage directly to the main structure.

That'll add 128 square feet of land area, and that's what we need um the lot coverage variants for because we're already in excess of it, but it's just 128 square feet of additional uh lot coverage area, and it'll allow you to go from the garage to the house without needing to go outside, which uh if uh everyone recalls from this uh past winter is um uh certainly an amenity that's uh consistent uh with modern living.

The second request for variance uh is to um raise the height of the garage, not not for a height variance, but because the northerly wall of the garage is constructed into the setback.

lot coverage area and it'll allow you to go from the garage to the house without needing to go outside which uh if uh everyone recalls from this uh past winter is um uh certainly an amenity that's uh consistent uh with modern living the second request for variance uh is to um raise the height of the garage not not for a height variance but because the northerly wall of the garage is constructed into the setback so if we go back to the Google Earth image I think uh would be helpful so this is already built into the setback so any uh modification in that area requires the setback variance so the garage is gonna be increased um the ceiling height will will come up four feet so as a result of that northerly wall which is the right wall in this photograph being built one foot within the side setback we need that relief um as well uh currently the garage is is very small it's a three-car garage but it's ceiling height is only seven and a half feet and it's only approximately 28 feet wide so when we build the breezeway if if this board uh approves this application we're also gonna expand the garage not into the setback but southerly closer to um closer to the main structure and that's also part of that 128 uh square foot of additional lot coverage currently if you put three cars in this three car garage uh there's not really any chance that you could um get out of these cars easily without um really bumping up against the edges um the third piece of the application and again I think if we go to the Google Earth image it might be the easiest to see is see that dormer um on the facade closest to the garage that dormer um is uh proposed to be replaced with a hip dormer that's more consistent with the architectural style of the building because that dormer is already built 32 feet into the air any modification to it requires a height variance so you can see in our application materials what the dormer is proposed to to look like but it'll be more in keeping with the architectural uh history of this building so uh to reiterate there's three requests for variants one is the lot coverage to allow for the breezeway so that deck we see is going away we'll have a breezeway the garage will expand slightly towards the structure so that um the doors can open in the garage um we want to modify the dormer and as a result of that we need the height variance just because we're modifying above the allowed height and then because we want to increase the height of the garage not for a height variance but just to allow um sort of moderate uh headroom in the garage for modern day cars um and that's built into the setback any modification requires um the variance as well um we think we satisfy the standard for this uh for these requests because these structures were were built um over 100 years ago my client purchased the property in 2017 the general character of the neighborhood will not be altered um at all as a result of the 128 square feet of additional lot coverage the bringing the garage up to a reasonable height and for building uh above the the height variance allowance on the dormer to do the modification and these requests are uh reasonable for uh a use of the land that is a permitted use and and any failure to grade these variances would amount to more than a mere inconvenience it's really just to to bring this property up to the standard that uh the Victorian is currently um under a large remodel and has been since my client bought it and this will really allow us to complete the project.

So that's my presentation um I can have my clients and and the architect uh testify if it's the board's pleasure but otherwise I would rest on the materials in the packet and we uh agree strongly with the staff report um in this case right so Nick can you put the the uh Google picture back on please so if you look at that dormer that you want to do you want to make it similar in in character to the other dormers that's just what they're doing.

That is correct I've consulted with the architect and and that is correct.

Yeah so in other words that the dormer that's up there if I if I'm looking at the window looks like sort of a one of those windows you you know crank open and it's like a modern type window so you're going to try to make it more characteristic of absolutely it's gonna be more in keeping with the character of the rest of the building.

Okay.

I like that that's good.

Um I I don't know if we if board members have questions specifically the owner or the architect we don't necessarily have to bring them up but I'll I'll open it up to questions for anybody.

So to be like crystal clear, the only reason you're changing the dormer is for the aesthetics.

Okay.

Absolutely.

Okay.

Thanks.

Other questions from the board.

Yeah, uh I could start with you, Mr.

Martin.

If uh if you want to call the architect after, that's that's fine.

Excellent.

I'm uh looking at uh it's figure four, the proposed garage and porch connector wall plans.

Uh it's on page four of the application.

Uh I don't know what, yeah, that's why don't we why don't we uh swear you in?

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

I do.

Please state your name.

Christopher Pernice.

Okay.

Great.

Um I think we should hear the question.

Sure.

So uh yeah.

So my question is on the proposed uh garage and porch connector.

So uh currently in the existing configuration, that is the side door entry into the into one of the units, or is that a hallway or what that's one of the correct?

It's a side door entrance, but it's pretty it because of its location, it gets used a lot as on the main door.

Okay.

Good.

That's what I'm wondering.

Um so uh the drawing, it it um that is uh a covered is in enclosed porch or is it open, or what is the it's currently an open porch, but we're proposing to cover it, but it'll still remain open.

Open.

Okay, so you show some furniture in the picture, but that would just be outdoor furniture or whatever.

Yeah, even if the owner puts it, it's just open space.

And so the the new garage structure, the expanded garage would have uh an entry door on the back on the house side, it's shown, correct?

So that would be your way into the garage?

Correct.

Okay.

So the roof line that you're proposing is strictly covering that porch area.

It's not uh it's not covering the stairs, it's not covering the entrance to the garage.

It's strictly just for over that porched area.

Yes.

Okay, fine.

That was that was my only questions.

Okay.

Thank you.

Thank you very much.

Anyone else?

No.

I think we're okay.

Um, if you want to make do you want to make any kind of closing statement, Mr.

Marty, or uh no, Mr.

Chairman.

Okay, so my prior comments.

Okay, very good.

So we'll close out the testimony portion of uh this petition and uh would love to hear a motion and we'll discuss and vote.

Okay, Ms.

Chairman.

On the petition, on the petition of Ina and Jeffrey F.

Palace.

Um I move to adopt the board's finding of fact, information and staff reports, applications, supporting documents and testimony of the witnesses, along with the representations of council, together with the comments spread on the record by the board members and adopt as the board's conclusion of the law.

The petition has met their burden of proof under each element under chapter 17.108 and Newport Zoning Ordinance entitled Variances and Modifications.

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

Second.

Thank you, Melissa.

Um why don't we start with you, Dave?

You want to go?

Sure, I'd be happy to go.

Um I'll be uh I'll be supporting this petition.

Um I think it was uh uh very well presented.

But I think the garage was very well designed and looking at the the home.

It's when I first looked at the petition, I always look at the height of the garage, and it's much higher.

Uh, but when you go and look at the house with the garage, they look to be way more in line with what it should look like than what it does look like existing.

So um you uh this this new garage edition with the small porch extension onto the main dwell dwelling is a uh just a sort of a natural way to modernize the the property.

There's definitely a hardship uh i in that the lot size is a little bit smaller than than required.

Um uh but it's a very, very modest increase in lot coverage from 43% to 45%.

Um so that was a very easy variance to uh um consider.

Um the renovation of the of the existing garage already existing in the setback is also another very reasonable um uh variance to grant.

It's already there, you're sort of just putting it back a bigger, slightly bigger, but it but the uh the larger portion leans interior, not into the setback, which is uh uh uh a positive in uh making it uh uh a very minor um variance.

Um the applicant uh has demonstrated uh through testimony as well as through uh all the material um that the variance requested is the minimum variance needed for reasonable enjoyment of the permitted use, and I don't see any impairment to the intent of the zoning ordinance, and finally it is it certainly would not alter the character of the neighborhood.

So I'm happy to support it.

Great.

Thank you.

Russ, would you like to sure?

Thank you, Mr.

Chairman.

I too will be supporting this petition.

Um I would uh echo the comments of uh of uh Mr.

Riley, uh, that these are very uh these variances are very small asks that you're doing.

I uh mostly did the property, uh, the main house that uh that in the garage is a part of uh is a beautiful structure.

It it it is uh this so this is sort of like uh needed to get addressed, and I think you're addressing it.

Uh, you know, the with the vehicles today, the larger size, uh, those garages may have worked uh when that was built, but uh they certainly don't function well for uh for today's automobile.

So uh I think that the architect has done a nice job uh uh joining the two structures and bringing them together so they look uh symmetrical and they look uh uh it's gonna be I think it's gonna be a very uh nice addition and really a nice improvement to the house.

Uh so again, what the ask is to what the what the benefit is and and what the outcome will be, I think are uh are easy in my uh in my opinion to uh to vote to approve the petition and uh recognizing that the hardships were all existing and they'll all be addressed with this uh with this petition.

Great.

Thank you, Russ.

Um happy to go uh myself again since I'm in the middle.

Um I too am going to uh support this petition uh tonight.

Um couple of reasons, of course.

I echo my board members at um and for the record, I just want to state it meets all my findings of fact.

Uh so uh, you know, there it's an undersized lot.

Um, I think it's the minimum you're doing, uh, and it's not going to harm the neighborhood.

Uh it would be a uh uh you know, it would be uh more of a hardship not to uh to grant this petition than than to then to let it let it come through.

Um the the thing that I like actually just you know is I I think that um it's a very well laid out plan um and good job in terms of the architecture.

It really is the minimum.

I mean, essentially you're putting you know uh uh a roof on top of the entrance you know, the between the uh the garage and the house, making a breezeway, and that's essentially where the extra uh you know lot coverage is coming from.

And I think it's a it's quite a nice you know addition to that property.

Um, you know, it's a little thing, but having that connection between the house and and the garage that's covered um is a is a nice thing.

So um really, and then again, the uh the dormer, I think that's a really good uh uh, you know, in terms of being architecturally consistent.

Something was just added on there, clearly, and when you look at the picture, so now you're gonna make it consistent with the rest of the uh the dormers in the house.

So it's a really nice um in the garage, as Mr.

Johnson said, I think that's good as well.

So I think it's a really nice combination of utility and aesthetics in this case.

And so I I want to commend you for a petition well presented to us.

It's always nice to see that.

So I will be supporting this petition as well.

Um yes, it's kind of the end.

Um well, Wick said about the same thing I was gonna say.

Uh I think this application balances really well, the modernization of amenities and kind of the restoration of the home's character by um doing the dormer there.

I think um, as my fellow board members have already stated that this the uh amount of the request is um relative to kind of the amount that the lot is stubband.

Um I do not have a whole lot more to add beyond that.

uh i think this application balances really well the modernization of amenities and kind of the restoration of the home's character by um doing the dormer there i think um as my fellow board members have already stated that this the uh amount of the request is um relative to kind of the amount that the lot is stubband um i do not have a whole lot more to add beyond that i'll be a uh supporting this application Richard okay it's batting cleanup there is not a whole lot more to say there um just taking in an order of the way it was presented I have no problem with closing the act to be a breezeway no issue there raising the brass roof seems reasonable and needed for today's standards I do feel it balances the house better than it currently sits um the new dormer it conforms to the rest of the structure um I believe actually the renderings that were presented are are an improvement to what's there now so I think it's just gonna improve the the name uh and be more in conformity to the neighborhood um I believe the applicant has met the burden of proof for the hardship it's an undersized lot with 43 to 45% coverage I'll be in support of this as well.

Great um thank you uh everybody and uh let's uh take a vote now start with you Mr.

Balensky how do you uh vote on this petition Mr.

Belinsky aye is Vadavina Miss Padavina right Mr.

Rudd is an aye Mr Johnson aye Mr.

Riley I that sounds like five nothing to me congratulations it's a nice plan and very well presented if you could Mr.

Motty write up the decision thank you good luck good luck to you folks yes let's go yes uh the next petition is the petition of stay newport LLC applicants and the Gene M.

Smith Revocable Trust 2006 owners five Lees WAF tax assessors plat 32 lot 19 in a waterfront business zone to convert a three bedroom guest house to a five bedroom guest house without providing the required on-site parking two additional spaces required great who's here uh for five lease wharf okay are you the petitioner uh so we are the new owners of the property okay but hold on please raise your right hand do you swear to tell the truth the whole truth and nothing but the truth in his proceeding yes please state your name for the record Mary L.

Claire I'm sorry Mary L.

Claire Mary L Claire okay Muriel you said Mary L.

Mary L.

Yes.

M-A-R-I-E-L right M-A-R-I-E-L-L-E.

L L E okay Claire gotcha okay so Mr.

Chairman I I just wanted to bring your attention that uh one of our board members will kind of be using oh that's right I'm sorry yes um so we will be down thank you we will be down to four on this one uh as Mr.

Balinski has a uh a conflict uh on this one so uh he will be uh recusing himself from this this petition so you will be addressing uh us four sure okay if you will all right and uh and so um we did get uh we did get a late uh letter of objection there were none uh but we did get one uh uh uh but looks like an email um that we read before the meeting and just want to be sure that are there there are no objectors in the audience I don't think I see anybody so um it's just that one letter of objection so if you want to make your presentation please sure so um I'll make this quick we didn't totally prepare to get up and speak um but basically the you don't have representation right no we do not okay um so the use of the property um from what we understand is permitted and and we feel like it's a pretty minor request um we feel as though the hardship is due to the unique characteristics of the property specifically the tight lot size in the existing structure which makes um the current parking compliance um not really feasible um we feel as though it's not a self-created hardship and the constraints existed when we purchased the property um so we've we're asking that the relief is considered and we don't feel as though it's gonna alter the characteristics of the neighborhood if you're familiar with Lee's wharf you know that it is um predominantly commercial area it's in waterfront business so there are hotels there are shops there are stores um and there's not necessarily parking for all of these things right in this area um at the at this time the property is currently a three bedroom guest house by zoning standards um so the use here isn't changing um we're just asking for that increase from three to five bedroom um we have been pretty proactive with the parking um and we've secured parking off site um that from what we understand meets the the rules as far as the zoning um within point five miles hold it right there have you investigated this parking uh right now they've um they've identified one lead uh sorry one weights wharf which is the location of uh the where the weights wharf hotel would be built so we have uh you know indicated to the applicants that if the weights wharf development goes forward as we expect it will at some point that they would have to obtain a different location for it in the future but for now it does work there's plenty of parking in front of the docks right and and any in any case they would we would require that they come up with a a yearly lease and correct show us what's going on there.

So we have uh you know indicated to the applicants that if the weights wharf development goes forward as we expect it will at some point that they would have to obtain a different location for it in the future.

But for now it does work.

There's plenty of parking in front of the docks.

Right.

And and any in any case, they would we would require that they come up with a yearly lease and correct show us what's going on there.

So and that's what we're doing.

Yes, so we have a yearly lease for four parking spots.

Right.

And so that's generally what we do.

Okay.

And um it's critical for you to find off-site parking because you know, this gentleman who sent the objection makes some good points.

Um, but I don't, if he was here tonight, I don't think he he's aware um that you're you're you're obtaining off you know, off-site parking.

Right for your for your and that will be something that we're working very closely together as a team to make sure that the parking is not an issue, will be very clear where the parking belongs for that property.

We don't foresee it being an issue.

Um we want to make sure that you know we're respectful to the neighbors and and we understand it's already a tight situation there.

Right, right.

And and to the point that you made earlier, it's not exactly what you were thinking, but the fact that there are a lot of commercial establishments down there with no parking either, that actually makes things worse, not better.

Right.

Um, so um the for us, I think in general, um, it's critical to have have that um off-site parking available.

Be clear with the the residents that are coming, this is where you go exactly when you park down here, particularly in the summertime.

Um so yes, that's fine.

Um, and was there anything else that you wanted to say?

I think that's it.

Okay, very good.

And so I at this point I'll open up the board to questions for uh for Ms.

Claire.

Um just one so uh in addition to securing the um additional parking, any other um mitigation efforts that you do for uh guests coming in as far as traveling around the city.

Sure.

So yeah, we um we own a vacation management company, so we're professionally managed on all of our properties.

So we always have a uh pretty um upfront line of communication with our guests, and they know you know, coming into town exactly where they're going, um, where their parking is, where their parking isn't.

We do represent other properties that we don't currently own, but we um work for the property owners.

Um and so I think we've done a pretty good job just being really upfront about the communication.

We always let them know at the gateway center that there is extended parking there.

We provide them with the name of a couple shuttle companies that can pick them up.

Um so we really haven't had any issues, and we do this full time for a lot of different properties.

Okay.

And just to clarify, you said you are the owners of we are for this property, we are the yes.

Again, it thank you.

Great.

Thank you, Melissa.

Anyone else?

Um, just a quick point of clarification that uh the application was submitted under the previous owners while uh these individuals were in the process of obtaining the property.

So since the application was submitted and deemed complete, uh stay newport is now the official owners.

So they were listed as the applicants, but they're now the applicants and the owners of the property now.

We currently so the ownership name will be five Lees Wharf LLC.

Okay.

Great.

Other questions?

So if we can kind of continue down that, Nick, we um so this was originally a single family home that came in.

When did when did it get it approved as a three bedroom guest?

So the previous owners submitted an application to our short-term rental supervisor to just convert the existing three uh three-bedroom single family house.

Uh given they had four parking spaces, they met the parking standards for uh four on-site parking spaces, so that included a manager space.

I don't believe it's ever actually been utilized as that since the application went through.

Uh then uh St.

Newport took over five Lees Wharf LLC.

So essentially the existing use is in transition between a single family and a um and a guest house, but it has officially for zoning purposes been classified as a guest house use.

So it's recognized as a three-bedroom guest house.

Correct.

Because it met formally has it met that um so that they're seeking to do interior renovations to effectively re divide the the interior of the space in order to create two additional bedrooms, uh, including the upper level um that's now like a sunroom, and then redo the space on the second floor that and first floor to add another bedroom.

So the the first floor, and and either one of you can answer it, but uh I and I I don't know.

I don't know that I saw it in the in the documentation I read.

Is it a flood zone down there or um the the property runs well, you probably know better than me, but right the flood zone goes right through the middle of the property, so yes.

So um, and I went to the property, I looked at it, but I did not look to see if just because you're showing uh bedrooms and other living areas on the first floor, which typically it needs to be raised out of the flood zone.

So I don't know how that so the review will take place by the building official of the interior renovations.

Um, but this would be a renovation of an existing structure.

Um so there's a threshold that has to be met of the amount of work being done inside in order to require raising or full compliance with the flood zone.

So that will take place by the building official when the building permits go through for this uh conversion of five.

Right.

Is that the 50% standard?

Correct.

Okay.

Anything else, Russ?

Um so yeah, so I was just looking at your your plans.

Um I just wanted to be sure sure of those things.

First of all, that the current use on the first floor is okay.

Um, because you've got a bed, you've got two bedrooms down there on the first floor and one on the second floor.

And uh it looks like you're adding um you're adding two more, one in that little loft area as it was described.

So there'll be two on the first floor, two on the second floor, and one will be on the third floor.

And um is your anticipation that these will be individually rented rooms?

This will be rented as a uh as a five bedroom.

As a five bedroom, but looking to have one basically renter or guest.

Right.

And however many people that is.

Right.

Yeah, which also brings up the point that just as interject, if I may, um that with one family renting it, um you know, all those extra parking places, um, uh probably a lot of the time, I guess, is they won't be needed needed to be used.

Right, right.

It's pretty common when you're traveling anywhere downtown that you're either carpooling or you're aware of the parking situation, so you're planning ahead and um making accommodations that way.

So we'll just right away offer them the off-site, which really isn't far.

Um yeah.

Yep.

And just uh from a management standpoint, I don't know if have you been before us before.

Uh no, I have not.

Okay.

Um, but this is your business uh effectively up.

So what tell us a little bit about your business, how how many units do you manage in Newport, or are they all around?

Rihanna and I um we manage about 120 properties.

Um they're not all short-term rentals, some of them are long-term rentals.

Um, some of them are just owners who live out of state and they just want property oversight.

Um, and so we provide pretty much everything for our homeowners.

And um, we have a staff of about 12 at this point, and everybody sort of Alex is working with us too.

She's um uh salve intern.

Um and so we yeah, we take care of pretty much everything.

And that's why I kind of brought up the point of our communication.

That's one of our biggest things that we try to stay on top of with our guests.

Um we're both my sister and I are both local born and raised newporters.

We're pretty passionate about sharing Newport.

And you know, we feel as though the tourist industry is something that is here and is not going away.

And we're excited to be a part of it and um be proactive and getting involved in you know, where Newport is is heading in the tourist industry.

Well, I appreciate you sharing that your new porters.

Um, do you have other properties in Newport that you um currently manage?

Uh that we manage, yes.

You do, okay.

Yes.

Okay.

Many or just a few, or uh the list of the.

Yeah, we have we have many in Newport.

Okay, not under our current ownership, um, but under management, yes.

But you're managing you, and that's what you're gonna be doing here too.

Exactly.

Yes.

So I uh, you know, this is all questions to make sure of uh you know the uh your capabilities as doing that.

Obviously, that's something uh yes.

We have 24-7 uh like uh staff who's on um our office building is only about half a block from here.

So it's something that we'll be you know very, very actively involved in.

Um we're really excited about it.

Very good.

Yeah, thank you.

Great.

Thank you, Russ.

Anybody else questions?

Mr.

Roll.

Uh uh, yeah, Mr.

Chairman.

I just wanted uh to to read the condition that's gonna be uh a part of the uh motion.

Um and if you have any discussion, that'll be the time to discuss it now.

But the condition will be, and this is uh uh uh condition we will be applying to anyone who's uh short-term renting and doesn't have the appropriate um on-site parking, but has gone gone out and found appropriate off-site parking.

Sure.

Okay.

And the condition is that the applicant provide a signed lease for at least two additional off-site parking spaces within one half mile of five lease wharf to the zoning officer.

Uh, and an updated lease on the annual renewal of your guest house license to the city of Newport.

Uh, and also include uh in your leases with tenants directions regarding uh uh various parking options.

Sure.

Okay.

I think that's it.

I think we're gonna close down the testimony.

Uh I'm sorry.

Oh, yes.

Sure, come on up if you want.

Swear in.

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

I do.

Please say your name, sir.

Uh Patrick Kilroy.

Yes, sir.

Um so I've worked with the girls before.

I actually came here on a different note.

This one wasn't planned or anything.

Um they've helped me with a couple of my rentals.

Um, very professional, uh, very good.

Their clientele is great.

Um, I'm not familiar with the property, but I can just say that their operation is a class X and their uh clientels there.

So that's kind of my my two cents.

I think they've done a great job with their operation, and it's good to see some other local young talent coming up in the the real estate world here and putting a good foot forward.

So thank you.

Yep.

Thank you.

Thanks, Pat.

Um I guess that's it.

I guess we're going to close the testimony portion of this uh petition.

Uh and Mr.

Chairman, just before I close the uh that portion, I just want to make sure I have the as I read this petition in what I'm reading in uh correctly.

So I would be reading in the petition of stay newport LLC applicant, owners five Lees Wharf LLC.

Does that make sense?

Good.

That's correct.

Right.

Yeah, sounds good to me.

Okay.

Let's have that.

I hope I don't make it.

Okay.

That was the f we had a preview of the motion there.

I had a warm-up.

Uh Ms.

Chairman, on the petition of um of stay newport LLC applicant, owners, five Lee's Wharf LLC.

I move to adopt the board's finding of fact, the information, the staff report, application, and supporting documents, testimony of the witnesses, um, together with the comments spread on the record by the board members.

Um adopt the board's conclusion of law that the petition has met their burden of proof under each element under Chapter 17.108 of Newport Zoning Ordinance entitled Variances and Modifications, and the position we granted on the condition that the project be started and 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 according the decision.

The following additional conditions would be included.

Uh the applicant provide a signed lease for at least two additional uh off-site parking spaces within one half mile of five lease wharf to the zoning officer.

Um an updated lease on the annual renewal of your guest house license uh to the city of Newport, and also provide um in your lease with your tenants, uh uh uh directions uh regarding parking the vehicles.

Great.

Thank you, Dave.

Do I have a second?

Second.

Thank you, Melissa.

Would you like to care to begin?

Or sure.

Um I will be supporting this application.

Um I do think the hardship to providing the additional parking spaces is due to the smaller size of the lot, the substandard size of the lot.

Um that is not a result of any action by the applicant before us.

That is not a result of any action by the applicant before us.

I do think it's important to continue providing that communication that you're obviously well known for.

That will, you know, we're gonna hit a max at some point.

So you great young uh business leaders now uh can come up with great ways to promote uh different modes to get around the city.

Great.

Thank you, Melissa.

Uh I'm happy to go next.

I too will be supporting this petition.

Um for all the reasons that Melissa stated, uh there is a hardship here in terms of the uh the lot size and the lack of the parking.

Um and your solution is one that we've seen many times uh, you know, with the off uh off site parking.

And um to Melissa's point, it was something I was gonna say too.

See, so you said something I was gonna say the same thing.

So we're back and forth, um, which is that you know, at some point we're gonna be getting to uh the the place where there is no more off-site parking.

Um, because if you come to these meetings, you will see that uh the the majority of what we are have been doing lately are guest house uses with no parking on site, and so getting leases off site, and it's become a big part of Nick's job uh to a degree to go out and investigate these places to make sure that they have the the parking that you say you're going to get.

So we do thoroughly vet these things.

Um we're still in the process of doing this, but there is a point where we're gonna be loaded uh up to the gunnels on this stuff, and so something's gonna have to change there.

Um, but you're not there yet.

Uh and you've made a very good presentation.

Um I was pleased to hear um uh Pat Hillroy with his uh uh testimonial for you guys.

Um it sounds like a professional organization, and thank you to Mr.

Johnson for bringing that up uh in the testimony testimony part of the of the petition.

Um so again, to state for the record, uh this meets all four of my findings of fact.

Um so I will be uh voting to approve this petition.

Do you want to go, Russell?

Sure.

Uh thank you, Mr.

Chairman.

I too will be voting to uh uh approve the petition.

Um I think that uh that's why we have these hearings because reading the application and reading all the notes and everything, you uh you draw a conclusion from that, and then you come here and you hear the testimony, and you get more information and understand more about what's going on.

And so, you know, initially reading this, you know, three to five, you know, it uh maxing it out and and all that.

Um, you know, I I want to hear more about that and and allowing that to happen and getting this parking is is uh is is important, but so is the genesis behind that.

So I appreciate the uh further information from our zoning officer.

Um, and that helped that helped clarify for me and and uh helped me move to approve this petition.

I'd also uh would uh would say to um I hope I get this right, Mary El Claire.

Um you've sat through this so far and you've heard the ask expert testimonies of uh land use uh traffic report, and uh you've got a very professional operation going on, a business going on.

So uh I would say that's one of the things that would have been helpful for us is if you had included something about your company and and what you do because you it's impressive.

You've got uh all those people working for you and and that that's you know, you should be proud of that and you should be touting that, and it would have made my decision certainly coming in more uh uh uh more easy to to make.

So I appreciate you sharing it.

Uh I'm happy that your new port is as uh as was mentioned, and uh I wish you the best with the business and and I encourage you to put that together next time you come in to see us.

You're welcome.

Uh so I I'm approving that by the way.

I didn't say that.

Well, you're certainly approving them.

Yeah.

And the petition as well.

Yeah.

And good and good on you.

Um, yes, Dave.

Yeah.

Yeah, Ms.

Chairman.

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

Uh the hardship is clearly the lack of uh on-site parking to support the five bedroom um uh guest house uh use.

The applicant has addressed this issue by securing suitable leased off-site parking that has been conditioned in the motion.

This is uh this is a buy right um use in the waterfront business district.

You're surrounded by guest houses, hotels.

So it is it fits right into the the neighborhood and and the key is to secure the parking.

And as Melissa mentioned, the one objector talked about parking down in the area.

It's an imperative that everyone doing the short-term rental be uh vigilant and making sure that their uh tenants understand where they should be parking their cars and and uh be very helpful.

Um it's already being used at guest house, adding two more units.

Um guessing that this is rented as uh as in most cases to one group of people.

So that's sort of even minimizes more the uh couple more uh bedrooms available.

I don't see any way that this would um grant granting this variance would impair the purpose or intent of the zoning code uh and then granting the variance.

Uh you we'll be providing uh that you'll have minimal um relief necessary for reasonable enjoyment of your permitted use.

So I'll be supporting it.

Great.

Thank you.

Um I should just add one thing.

Um, you know, I'm always big on this as well.

Uh you may want to consider reaching out to the objector.

His name is Kurt, I think it looks like Rauscherbach or something like that.

Brown and Howard.

Let them know that uh we approved it, obviously, but with conditions and the parking and um might be might go well for you in terms of that, uh, in terms of you know being a good neighbor uh for him.

So that being said, um, I'm gonna start with polling uh on this vote for uh Ms.

Padovina.

How do you vote?

I'm an aye.

Uh Mr.

Rudd is an aye.

Mr.

Johnson, aye.

Mr.

Riley, aye.

That is unanimous as well.

So good for you.

Congratulations and good luck to you.

Yeah.

Hope it works out well.

Um, I don't think we need a uh unless you guys really want one.

I think we're just gonna soldier on here.

Um, and if you would want to read in the last petition.

Okay, Richard get back up.

Oh, Richard, you're gonna join us again, are you?

Great.

So we have one more petition.

Uh looks like on Cherry Street, if you would, Mr.

Johnson.

Yes, this is the petition of 41 Washington LLC applicant and owner.

One Cherry Street, tax assessors plat 12, lot 36, in an R10 zone with a historic overlay for dimensional variance variances to construct an upper-level greenhouse roof structure reaching a height of 44.2 feet, where 30 feet is allowed to construct a one-story addition to the east of the existing structure and an attached deck located 0.67 feet from the Cherry Street front line property line, 6.92 feet required, and increasing the lock coverage from 59% to 71.47%, where 30.77% is allowed.

Right.

Mr.

Jackson.

Thank you, Mr.

Chairman, members of the board, Jay Rose from Jackson, Scott Holbrook and Jackson on behalf of the applicants.

Um just a little, I think since the original application was submitted, there was a modification to this.

And just so we're clear what we're discussing and presenting this evening.

Um in terms of the original application, it had both uh uh a greenhouse addition on the rear, which I'll get into in a minute, as well as some decking attached to it.

So the decking has been removed.

So now what's being proposed again is is what we refer to as the greenhouse addition, and then there's a landing in stairs.

And so that does affect the numbers a little bit.

So for instance, uh, with that modification and uh reduction of structure, what we're looking for now, we've brought the lock coverage request down to 67.22 percent versus existing conditions, which are 59.03 percent.

And as far as the uh frontline setback along Cherry Street, the uh landing and stairs will be 6.25 feet from the front property line, where 6.93 93 feet are required.

So it's it's very close.

So just I just wanted to make that clarification before I get started um going through the project itself.

So um I think many of you are, I'm sure are familiar with this structure.

It's known as the I think the historic name of it is the manual warehouse, Manual Brothers warehouse built in 1921.

So since 1921 until very recently used mostly as storage, it was an active commercial operation and warehouse there.

It's at the end of Cherry Street, the east end of Cherry Street.

So the rear, the backyard of this overlooks the bike path and the railway corridor, and then across the railway corridor is the cemetery.

So what's being proposed for this project is the applicant and owner 41 Washington LLC.

The principal is Patrick Kilroy.

Mr.

Kilroy acquired this property last year.

And he'll he'll describe sort of the bidding process because it gives a context as to why he he ultimately became the owner of the property.

But the plan here is to take this um large brick warehouse structure and convert it to his primary residence.

So it's going to be a single family use.

The um that in and of itself is taking a property which is non-conforming by use in a residential zone and converting it to a residential use.

Um in terms of uh the fenestration on the building.

We had to maintain a lot of windows that were there.

Some of them we were able to enlarge slightly.

Um, but the HDC was um very concerned and very intent on where possible, making sure that this the exterior of the structure remained uh and kept its historic appearance as much as possible, especially from the areas that were visible along Cherry and Gurn Cherry Street and Gurney Court.

So because it's a warehouse, it wasn't designed originally for residential use, it's the interior is dark.

So that really is the motivating factor for proposing the um the glass addition on the rear, and also the glass structure in the center of the roof uh for which we need building height relief.

Um the structure itself is uh the main roof is already 39 and a half feet, here we're take a little bit, and then there's a a tower in the corner, and that is almost 47 feet tall.

So this glass um structure in the center of the um of the roof will be 44 feet two inches.

So it's a little higher than what's then the existing main roof, but it is not as high or as tall as the existing tower.

And I think um we also provided, and when Chris Fagan discusses the project, we also provided some renderings earlier today, which shows that because the existing structure is already so tall and it's right up on the the sidewalk, both along Gurney and Cherry Street.

Um, the perspectives along both those public rights away are such that you you'd barely be able to see the outline of that glass enclosure uh at the top of the roof.

Um Mr.

Kilroy and Mr.

Fagan can talk about um the design of it, and um there is a there is access being provided to that, so it it there's not enough room to stand in it, but there will be enough room to stand within the roof structure and sort of look out at the top if if PK uh desires to do that.

Although so technically it it allows for human occupation, is the phrase or use.

So therefore it counts towards building height.

I think um arguably if it did not have access so that he could go up there and uh as a sort of a lookout, then um it would be nothing more, I suppose, than a large cupola, and probably wouldn't count towards lot coverage.

Um so it's just that that minor use of the structure itself is what puts us before you asking for building height variance for that.

Um if you could keep in mind, as you hear from the witnesses, this property is extremely substandard.

It's 4,613 square feet, and it's very unique in that um the size of the lot itself is not unique because it's in the point, and a lot of the lots are small, but it is unique in the sense that most of the lot is occupied by this massive brick structure at 59% lot coverage.

So anything you want to do on that site, no matter what it is, uh any modification or addition or change is likely gonna require some type of zoning.

Um again, I wanted to mention this has already been through HDC and they've approved um the design.

The greenhouse in the back was actually uh is smaller than what was originally proposed.

So we've already through the original vetting process with HDC come to a point where they are they recognize this and have approved it as being appropriate in terms of size, scale, massing uh for the property, and and I think some of those characteristics are really mitigated by the fact that this is a glass uh structure as opposed to you know a um an addition on the back of this building, but also brick or something like that.

Um so those those things um said I have with me this evening.

Mr.

Kilroy, he'll discuss uh the property a little bit.

He he and he'll testify.

We have Chris Fagan, the architectural designer who can testify, and we have Mr.

Wool, our real estate expert as well.

Um okay.

Should I give her a moment?

Any objectors?

I'm sorry, I don't think there could be any objectors here.

Um unless the previous petitioners want to object.

Are you here to object?

Okay.

Wouldn't be the first time, though.

No, I wouldn't.

I think we're good.

Okay, no, we're just gonna wait for Melissa.

She's she's gonna be joining us to make sure he gets all the testimony.

A brief pause we don't want to give anybody uh cause for an appeal.

So we want to make sure you're hearing everything.

Very apologetic for covering from a sinus and allergy.

Of course.

Want to make sure you heard everything.

Okay, yes, of course.

Uh, you're still under uh oath.

Yep.

No need to.

So um Patrick or PK, so the right knows you.

PK, one of if you could just describe um first describe the the when you purchased the property and and sort of what process you had to go through to be the successful bidder on this project.

So I think that gives context sure.

Uh thanks everyone for coming.

I know it's a cold rainy Monday night in Newport, so appreciate everyone being here.

Um I was turned on to this property uh through a uh Tyler Bernini is a real estate agent.

Um this property, I believe, has actually been in front of the zoning board at one point, or at least there was an application file, not with me, with uh a previous person trying to turn it into condos.

I think they wanted to put six condos in this building.

Um all of the neighbors told the original owners that they would object and it was gonna be really messy.

Uh you know, my lucky thing that it didn't go through.

Um, when I kind of got involved on the property, I purchased it late October of last year, maybe something like that.

Um all the neighbors when I told them that I was not gonna condo it and keep it as a single family, they were all ecstatic about it.

It definitely uh ease the seller's line, and that's how I was able to purchase the property.

Um a lot of people from New York and Boston.

Obviously, everyone's seen this building, either walking by or driving, and it's a little run down, and everyone um sought this building.

So I was lucky to uh being a local guy and you know, talking to the guys that you know, with the confidence of keeping it in a single family, it seemed to go over well with all of the neighbors.

Um so after you acquired your property, you started putting um design together, and once you did, we'll talk about that in a minute, but since you were talking about the neighbors, you've stayed in communication with a lot of the neighbors, right?

Oh, yes, yeah.

They've all come, they've all I've given anyone that's wanted a tour.

As soon as you open the doors, all of the neighbors come out and it's been an open house.

I have no problem showing the house.

Everyone's excited.

Um how long has it been vacant?

So the quick little history.

It used to be the Manual Brothers uh moving company.

Um my neighbor, I'm hoping she wrote a letter of support.

Her house is actually, if you go down Cherry Street, she's actually the last house on the right, number two Cherry Street.

That house, believe it or not, that one right there used to be in my backyard.

Um the train tracks would come in for the Navy when the Navy was really big in Newport.

They would unload the train, all the furniture for all the housing into that house.

Then it would get transported into the brick building for storage or whatever.

And then the with the door in the front of Cherry Street, the trucks would come, load the furniture up, they'd bring it to the Navy housing, and then of course, when the people moved out, would go in reverse and go back to the train um for you know be stored there until they moved it, and then on the train.

And my uncle Gary, believe it or not, used to work in this building in '65.

So believe it or not.

So it's been vacant for since when?

65.

Uh, there was the Banual Brothers.

I'm not sure when they actually moved out, but the other owner previous to me, um, the guy bought it.

He was kind of like a tinkerer.

He was it was mainly vacant.

I think uh older gentleman, I think he would drop them off and use it as like his workshop basically.

Um a lot of navy surplus boxes in there.

We found some pretty cool artifacts.

Uh so but basically mainly used as storage, and he was just a tinkerer.

I think they'd drop them off in the morning and he'd tinker all day and pick them up in the afternoon and kind of keep them busy.

All right.

It wasn't a golfer, right?

Not a golfer.

So yeah, to answer your question, it was as PK said, we're not sure exactly when Manual Brothers company stopped, but the previous owner wasn't used for residential purposes.

It was a workshop and it was filled with property, which had to be took some time to work the river.

I think we took about five tons of metal out of there.

Wow.

Just boxes and old navy boxes of stuff.

Interesting.

Well, luckily nothing blew up, right?

Yeah.

Uh so you when you after you spoke to your neighbors, and I know during that time you explain to them you're gonna use this as your primary residence once the project was done, correct?

Correct.

Okay.

And why don't you, if you could sort of walk through the design process that you first fake and you know, sort of give an explanation as to why it is you're looking to do these two um additional elements to the building that were requested tonight.

Um, to get more light in the building, uh, my wife is a giant gardener.

She's won some awards for gardening.

Um, the building is very dark on the inside.

Um, she's actually won a couple awards for gardening, uh, the planters down at the landing restaurant and Zelda's.

Um, so we're just trying to get more light into the building.

It was obviously built for storage and security.

Um, the windows on the side of the building are really high off the ground.

HTC is gonna let us bring some of those windows down to make them a little bit larger.

And then in the back of the building, there's really no windows.

Uh so we're just trying to get more light into the space.

Um, there is a door right there, that green door.

Um, so no matter what, we were gonna have to have some sort of a stairway come off the back.

And that's uh when we were talking to Chris, we figured if we're gonna have some sort of a stairs or some sort of a fire exit off the back, wouldn't it be nice to have kind of like a three-season room off the back and uh bring some light in and some a stairway off the back of the building?

Um the greenhouse on the roof, basically the same idea.

The tower that Russ was talking about, the original tower, that is actually an elevator shaft.

Um, again, from the previous owner, it's actually the oldest elevator on the island, if not one of the oldest elevators in Rhode Island.

Um, it's an old freight elevator.

Somehow I managed to break it.

But uh it's uh we're trying to find someone right now to either repair the elevator or uh find another use for the shaft.

But the greenhouse that we're proposing to build is like Russ was saying, is gonna be shorter than that um tower.

And when we're standing in that greenhouse on the roof, it's gonna be kind of like this podium where I'll actually be standing in the roof, and then the greenhouse starts, you know, chest high and goes up another six or eight feet.

Chris can tell you how far that is.

So it's not gonna be you won't be standing on the roof for a full person, you'll actually be standing inside the roof if that makes sense.

Right.

And on the upper level, that is that's connected to your primary bedroom suite, correct?

Correct.

So the actual use of it will be somewhat limited.

Yes, not part of the common area of the building, right?

Correct.

So we're at the other question.

So I I do just in the greenhouse on the roof.

Um it were will so will it open into your your bedroom suite, or will it, you know, it'll have its own floor, or will there be uh, you know, is it like a loft type space, or you you understand what I'm trying to get at?

What you will you have a stairwell, obviously that goes up to it from your bedroom.

We would like to have it uh cascade in.

There will be a little bit of a walkway trying to get up there.

Um it's kind of going back and forth with the design, but it's mainly to bring some light into the bedroom.

Right, right.

Right.

Almost all so it's a combination greenhouse, if you will, because your wife is a gardener as well as a skylight, essentially.

Basically, it's a large skylight.

Okay.

Yep.

We were originally my original thing was a deck, and of course, you've mentioned the word deck, everyone likes decks, so that's why we went with the sky.

Okay.

Other questions?

Uh yeah, yeah, Ms.

Chairman.

If I could the um to stay with the um the greenhouse, um we're looking and anyone can take a shot at this.

Um, I'm sure Mr.

Who will I'm struggling with the hardship.

What is the hard ship for you to put a greenhouse that's going to be four to five feet on top of a roof that's already tremendously higher than is allowed in that zone.

And it's also the building's already tremendously higher than the uh general neighborhood.

I had the opportunity to go by farewell to take a peek while the leaves are still off the trees.

And when you look at the the uh roof scape of the point, this is this is a story higher plus.

So we're adding on another five feet to that, as opposed to just if you want more light, why not use just regular skylights?

I guess our feeling was because we weren't keeping it under the height of the elevator shaft.

I I guess that's was our main reason.

I wouldn't think it was gonna be um detrimental.

So if I could, Mr.

Riley, too.

I'm sure Mr.

Who would talk about this as well.

I we believe there are hardships associated with the property, even in relation to the building height, because again, we're dealing with a structure that I think we have very limited opportunities to modify towards a residential use.

So you know, believe it or not, I would suggest that the HDC um a lot of times doesn't look fondly on skylights just by themselves.

So the fact that we came up with something more interesting, which was complementary from an architectural point of view to the structure itself that can't be seen really from the street because of the existing already existing tall facade of that building for all those different reasons.

Again, um we felt as though this was an interesting way to satisfy the HDC, provide additional light into that upper level, and again it's a it's it's really as I said in my opening remarks, it's a fine line between needing relief and not.

So the structure itself wouldn't need relief but for the fact that the owners are interested in be able to take a you know take a loft a perch up there to peek out and see the water.

If that was if there was no ladder or staircase going up there and it wasn't going to be used for those purposes, we wouldn't need relief.

And I think that's an important distinction because again, as it impacts the neighborhood, um, you know, the use itself is it if no one in the neighborhood is going to know that it's being used or not being used because it's completely enclosed, it's not an outdoor thing.

And if it were just a skylight of that shape and with no with no access to it, we wouldn't be asking for the variance.

Right.

Right.

And I think the other thing, if I if I remember correctly, it's it's one of the reasons it's not going to be visible is sort of in the middle of the roof.

So when the sides come out, the from the angle and the height, it's hard to see anyway, right?

Right.

Okay.

I just want to clarify uh the word greenhouse has been thrown around a little bit.

So the structure we're talking about now, which is integral to the main building, that is not a greenhouse.

It is effectively a skylight.

Um large glass bupola.

Okay.

Yeah, no, I just wanted to be sure.

It's that's the shape of it, and it's all glass.

Right.

And it's not an uncommon feature in a in a large house to have that, and it would throw light down the shaft, all three floors.

So I mean, it's not uncommon to have that.

I just wanted to be clear on the greenhouse because, and I'll add, I'll address this uh now because the greenhouse, as I look at this, and you can correct me, Mr.

Jackson, if I'm wrong.

But effectively their request for the increase in lock coverage is primarily or solely for that greenhouse that's proposed on the exterior of the building.

Otherwise, that would not be a variance you'd currently be in asking for, or it'd be a much reduced one to get to that higher stair, the higher door on the east side of the building.

Okay.

Thank you.

Great.

Thank you for clarifying that.

Anyone else?

Questions?

Mr.

Gilroy?

Thank you, sir.

Thank you.

Got a couple more witnesses, it looks like.

Yeah, we've got um Chris Fagan, who's the architectural designer.

He can walk through the program he worked out with PK and give a little more details on the uh the design.

Yes, sir.

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

I do, yes.

Yes, please state your name.

Chris Fagan.

Okay.

So, Chris, why don't you just walk through um you know the design elements here, uh, why you and PK working through this, why you arrived at it.

Um, and then we did submit those renderings today after you go through your plan and talk about perspective along Gurney, Fort and Cherry Street of that roof structure.

Sure.

So this is a little bit of an unusual building type for Newport.

We don't see a lot of these type of mill buildings, you know, specifically in the point, it's really the only one of its nature.

Uh so coming up with a design for a single family residence is honestly a little bit challenging here.

It's a building being much more suited to a higher density building.

Um, but you know, as the reasons that PK previously stated, you know, they wanted to use it as a single family home, and that's really what the neighborhood wanted here.

So the biggest challenge that we have from an architectural standpoint is light.

This building's very large footprint on the first floor, it's around 54 by 47.

So it means if you're standing in the middle of the building, you're gonna be over 20 feet from the nearest window.

So the the downside of the space, although it's big, it's very dark.

So the challenge we've been trying to come up with is ways to bring light into this old mill building that's now gonna be someone's home.

So the approaches that we came were really twofold, one of which was to get a living space that would be all glass off the back, and we provide this greenhouse space that they could sit in that would be completely different than being inside the mill itself.

Lots of light, much more proximity to like the the backyard natural environment.

The other approach was to bring light down through the building and essentially cut a donut hole in this.

When this technique is not uncommon for other mill developments, when you get really large blocks of buildings, you can eventually remove a section in the middle, bring light down from above.

And that was the approach that we came here was to basically take out the section, put this sort of cupola greenhouse structure on top and be able to flood light down in.

So now if you're standing in the middle of the building, you're suddenly able to have ambient light above you.

And this technique has been used very successfully on other kind of similar mill properties.

So those were sort of the two main motivations for these interventions.

And we're trying to do all this while keeping in respect of the historic building.

So this is a contributing property in the district.

It's very unusual, and I think it has a tremendous amount of character for the point.

It shows, you know, the point wasn't always just this neighborhood of colonial homes.

It also had very much of more of an industrial character that we don't see so much today.

So we worked hard with the HTC to try to come up with a design that we felt both was in keeping with the historic nature of the building, but also had some modern elements.

So that was sort of the design motivation for it.

The last piece I would say would be on the addition on the rear, is that lot coverage was dramatically higher than what we're asking for today.

So the building that is across the street is a large wooden building that sat took up pretty much the entire backyard until it was moved and turned into a fingle single family home a few decades ago.

So this higher lot coverage condition had been in existence for you know probably over a hundred years until that building was moved.

And so we are asking for an additional lock coverage, but we're well with under the previous condition that was on that site for decades.

Yeah, I've got a couple uh um Mr.

Fagan.

Uh so um you discussed the shaft light coming through the button.

I want to clarify that's not the situation here though, correct?

This light that's coming in from the cupolars, Mr.

Jackson find it, uh skylight, whatever we want to call that.

That's just providing light for the third floor, correct?

Top floor of the master bedroom.

We're actually looking at some translucent floors to be able to bring that light down through.

Okay.

Great.

Okay.

Um, I'm not understanding how adding an external greenhouse, if you're not allowed to change the penetrations in the existing building, how that's going to bring light into the existing building, the external greenhouse.

Basically, the wall, the brick wall that's where that is attached is going to be open.

So you're they're allowing you to open that.

It allows us to open that space.

So then you could be able to sort of have those two spaces that would be adjoining.

So the greenhouse houses is the I'm sorry, go ahead.

Oh, just the greenhouse space and that first floor would have the ability to connect.

So you could have sort of you know light and people and air that could flow between the two.

So that's a one-story greenhouse.

Um there will be an opening in the brick uh of the existing building to allow light to flood in from the greenhouse.

Correct.

From the east.

Yeah.

Historic district commission's purview is exterior only.

So what's taking out that wall that's between the addition and this is sort of around.

Once they allowed that, you could do whatever you want down the inside.

Correct.

Okay.

And how does the stairwell uh does the stairwell entrance into that higher green door on that east side?

Um does that go through the greenhouse as well?

Is that separate?

How does that how does that connect?

So our previous plan actually had a like a small deck that was like next to the greenhouse with the idea you could have a grill out there, and the idea, you know, after kind of reviewing this further, you know, we talked to the owners and they didn't really need that in their programming.

So we really just reduced it to be a modest six by six landing and a set of stairs that goes up to it.

And the entrance door would go into the greenhouse and then go into the building.

And a little bit of that played into HDC because we weren't actually like adding a new entranceway and cutting a new sort of fake door into the brick.

The the entrance actually occurs in the greenhouse.

Will that be the main entrance or will that will the entrance on the Bernie?

Is it Gurney Street?

Is that the that would really be the formal entrance off of Gurney Street?

We've got more of a mudroom condition there.

That's where their like legal property mail address would be.

Okay.

And you're providing one parking space, and is that to the east of the greenhouse?

Oh where is the yeah, that's to the east.

Yeah.

Yeah.

I think there's there should be enough to be honest to fit two vehicles, but in terms of the actual dimensions to meet the code, there's enough for one.

And because we're in the HDC and it's a single family, only one space is required.

Okay.

And uh, is there any outside living space, any patio or anything like it?

I know it's it's an it's a difficult site in back there, like getting parked back there is gonna be a little tough.

PK's wife is a phenomenal gardener.

So I think that space is gonna be beautiful.

Yeah.

Okay, I appreciate I I couldn't figure out how the greenhouse was benefiting the light into the building.

Now I understand.

Thanks.

This is a very unique project.

So yeah, say the least.

I like the translucent floor.

That's a that's a great idea.

That's a new one on me.

Yeah, interesting.

Questions?

Any other questions?

Yeah, Melissa.

Dave?

Yeah, Miss Fagan.

The um yeah, thanks for putting that back up.

That's an exposure.

Um those windows seem to have been maybe doubled in size.

Would that be fair?

Yeah, that there's an awning condition which is in place there now.

And we basically were able to maintain that awning and turn into a double hung, but keep the proportions of the awning the same.

So essentially they have doubled in size.

I don't know what you mean by an awning condition.

The uh it's basically in the it's a square window, essentially.

Oh in the top drawing, those draw the windows that are there are squares, they sort of open out with a a louver on the top.

Oh, okay.

Where we're we're basically proposing going to a double hung condition, which is a kind of a tripical window where the top would be um frozen, the bottom would lift up.

Well, you picked a uh a significant more light from that south that's an exposure.

We are, and we're it helps us in a lot of ways.

We can get more light, more ventilation, and we can also meet egress code from a building permit standpoint because right now the the windows are all too small for any level of egress in a residential building.

And I I read in the material that there's gonna be a uh uh a rain garden in the back.

Yeah, we're gonna we're gonna work to capture the um any water on site.

Okay.

All right.

Thank you.

Folks, Richard, Lisa?

Questions?

Okay.

Uh Mr.

Faye.

I think you know this gentleman.

We do, we do.

No introduction.

Okay.

A familiar face.

And you are still under oath.

What's that again?

You're still under oath.

Okay.

We'll we'll go.

You know, I think everyone who came before me has done a great job of explaining this project.

And you probably don't want to hear a whole lot from me, but you know, this the looking for dimensional variances, and the big thing is the hardship.

And the hardship is clearly the size of this building, and I don't just mean the size of the building in terms of of any one dimension, but all dimensions.

You know, it's a very high lot coverage already.

There's very low setbacks.

Um, it's a very tall building.

And I've talked in the past about how the zoning code doesn't mention massing, but clearly there's an inter-relationship between the all the dimensional requirements to set up uh set an idea of massing on a site, and this building completely blows beyond all those dimensional requirements.

You know, it's just a a huge building.

It's uh not a building that is really conducive to a lot as the architect and PK has already talked about.

It's it's not a natural single-family house for a variety of reasons.

And so the additions that are being placed on the property are in my mind are de minimis and very complementary, and they will create a situation on the inside of the house that's going to make it much more livable.

So when I look at it, especially when you look at probably the the most question anybody would really have is the height of the building.

When you look at the photographs that have been presented on what the viewscape will be from the streets surrounding the property, you can see that based on the height of this building, and as Mr.

Rudd has already pointed out, the fact that it's concentrated in the center of the roof, that you're just not going to be able to really, this isn't going to impact anyone visually from the neighborhood.

The building is going to have all the same characteristics.

It'll be a massive improvement.

This was not, you know, the all the the hardships that we're talking about here were not uh prior action of the applicants.

This building has been this way since it was built.

And you know, I I don't see it altering the general character in the neighborhood at all.

I I don't know if there's any real questions that anybody has of me, but you know, I think it satisfies all the standards for the dimensional relief that it's being requested.

Sure.

I'd uh I'd appreciate Jim if you could uh address a little more about the increase in lock coverage uh and why that greenhouse is uh necessary or why we because it's taking the what is now a uh substantially over lock coverage and boosting it up again.

So I'd appreciate it if you could uh well you know in the past we've talked, I usually bring in a chart and show lock coverage in the neighborhood.

So I I'd appreciate it if you could uh well you know in the past we've talked I usually bring in a chart and show lock coverage in the neighborhood if you it and I did not do that here and and I intentionally didn't do it because as I just got through saying this building is so massive that the interrelationship of lot coverage to all the setbacks and the height of this building really um don't make it it's not a proportional relative thing of lot coverage.

This is already so much larger, it's such a visual impact that the idea of an extension of lot coverage of a few hundred feet on this property on one level only is really incredibly de minimis, and it really won't change um the the concern of increase in lot coverage is that it's going to increase massing and increase a visual impact, and that will just not happen here.

It's on the side that only faces the cemetery and the road.

Uh it's not seen from the neighborhood at all.

And as Chris testified, by placing it where they're placing it, they're able to open the back side of the building.

It sort of disguises the opening that is now going to be created on that first level, which will allow that light to enter in.

And I and I think as Chris said, it's very complementary.

The architecturally, it's very complementary.

It's sort of that same, you know, rigid design element that you are finding in a warehouse, only now it's a modern rigid design element.

So it it really is very complimentary.

It hides where they're opening the back of the building that you weren't able, you could see that they you really weren't able to open the back of the building up, and that is the eastern side, so you're gonna get tremendous light in the morning coming in there.

So you really want to be able to do it, and this is a great opportunity to to do it without um hurting any of the other aspects of the the code or why you would be concerned about lot coverage.

Does that make sense?

Yeah, it does.

And and lastly, I would just say and you just you described the location.

Um, but I I just wanted to hear you uh also say that as far as what we have to look at as well as as far as impact on the neighborhood, the location of that greenhouse uh will have the least impact.

It'll it'll have no impact really at all.

Um to the neighborhood, it really won't have any impact.

Because they said this is just such a massive structure as it is.

It occupies so much not only of its lot, but of the airspace on its lot.

Thank you.

This is at the end of the end, dead end street, Cherry Street, the eastern end of the dead end.

Yeah, and so the only um one neighbor that would be able to have a direct view to the backyard.

Yes, that's correct.

And that yeah, that's right.

And it's actually set back so far, I don't think it really is going to impact the neighborhood.

Um just just for the record, you prepared a report and submitted uh to the zoning board as part of this evening's proceedings directly.

Yes.

Um and you you're adopting all your analysis findings and conclusions in that report that they're assessing.

Yes, it is.

Right.

And is it you've said it, but let's clarify your findings are that this application meets all the standards ranting of the conventional variances.

Yes.

Thank you, Mr.

Chairman.

Anyone else?

Yes.

Hearing none.

More comments, yes, sir.

Uh, and um just two more small things I wanted to add when you're talking about letting the light in the back of the building.

The if you flip it over to the front of the building, there's a large um barn door.

We're gonna mirror that door.

It was gonna be on the inside of the greenhouse.

So when you open up the barn door into the greenhouse, it's about uh 10 feet wide by eight feet.

So that's how you're really gonna bring the light into the building.

There'll be a mirror door kind of like that on the inside of the greenhouse.

That's how we're getting the light in.

And then um uh another thing with all of the other houses that are on Cherry Street and Gurney Street.

If you were to come do the lot coverages, this property is probably under a lot of the lot coverage from the other houses on Cherry Street.

A lot of those houses down there are pretty much occupying 80% of their lot coverage.

So we are asking for additional lot coverage, but if you're gonna do the averages, it's probably still under the rest of the neighborhood as far as percentages go.

So it's my two cents.

Okay, yep.

Right, thank you.

Closing comments, Mr.

Jackson.

Um, just quickly, I think you know, we we in my opening remarks, I I thought I covered most of the um sort of the elements that were going to be presented.

Um, I think you get good information from the applicant himself as well as Mr.

Fagan in terms of um how the design came to be and Mr.

Who regarding whether or not it met the standards for the granting of dimensional variances.

Um and again, I'll just reiterate this is you know a very unique property with its own challenges and hardships relative to the size of the lot and the size of the building and and the fact that we're uh it's a contributing building, so we have to be very mindful of what we can do with the exterior.

And I think uh Mr.

Fagan and Mr.

Kilroy to their credit have come up with a program and with Mr.

Fagan a design which is um met the satisfaction of the HDC and hopefully has achieved the objectives of uh Mr.

Kilra and his family to use this as a single family residence.

Again, it's uh it's a point that you know maybe gets lost in the shuffle because we're talking about the dimensions so much, but I think it's important to understand that this is being converted from a non-conforming use in a residential neighborhood to a conforming use.

And I also think it's uh as Mr.

Chairman, you indicate very often something that's very important to you.

Mr.

Kilroy took the time to meet all his neighbors and discuss this project with them, and they're all very supportive.

So based on the testimony and the evidence that's been presented, uh, we believe we've met the standards and we respectfully request you grant the variances that have been uh applied for this evening.

Great.

Thank you, Mr.

Jackson.

Uh at this point, there are no further questions.

Um I think we're gonna close the testimony uh portion of this petition and uh and move to a motion and some discussion and a vote.

Mr.

Riley.

Uh excuse me, yes, Mr.

Chairman.

On uh on the petition of 41 uh Washington LLC applicant and on them.

Um I move to adopt as the board's finding a fact, the information in the staff reports, applications, supporting documents, testimony of the witnesses, along with the representations of council and any uh exhibits that have been submitted together with the comments spread on the record by the board members and adopt as 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 office uh ordinance entitled Variances and Modifications.

The petition be granted on the condition that the uh project be started and substantially completed within 12 months of the decision or extension requested to the zoning officer prior to expiration, and all outstanding invoices relating to the cost of public noticing, 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.

Paterina.

And um, since I've been going back and forth, who would like to start on this one?

Richard, please.

So uh again, I'm always a big fan of seeing a vacant building uh transformed and utilized to be that's a good good thing, you know, it helps helps the neighborhood.

Um in my profession, uh Mr.

Hole's a colleague of mine, we do the same thing and the terms conformity, nothing in the point.

I live in the point.

There's nothing there that that uh conforms.

The only thing I can think of that's even close is the calendar school, and that's condos, which adds a lot more parking.

Um, in this scenario, it's gonna be a couple of cars, and all the neighbors are in favor of it.

So I see that as a positive.

Um the the major contribution for the variance is the height, going from five uh 59% to 62%, and from the street, you're not gonna see it.

So I don't I don't find that as a big issue at all.

Um and it's still at the high point, still gonna be lower than what's already existing on the structure.

So that's not a big deal for me.

Um part of my um occupation is renovating properties, so I can appreciate the problem of taking uh a challenging older building, getting light into it, and the fact that the HDC approved this is huge.

So I applaud you for that.

Um I believe you're asking for minimal relief.

Uh I believe the hardship has been um met.

So I'll be into supporting this project.

Great, thank you, Richard.

Who wants to go next?

Melissa, dude.

Um bring it on down the line.

Uh I'm I'm gonna be supporting this project.

Um, I think you know, when I first opened the application, I looked at the numbers, what was being asked, I was kind of like, oh gosh, I wonder, you know, what else is in here, but the building is so very interesting.

Um the project is so very interesting.

And I really to me the hardships are very clear.

It's a substandard lot.

Um, you're dealing with this uh massive um industrial building, essentially sitting in a residential neighborhood.

Um, and you're dealing with maintaining the historic features of this beautiful building, which includes the height.

Um I think the you know, all the things that you need, these three areas of areas that you need to get the greenhouse features in are totally acceptable because the greenhouse features really make the building more residential, both in a utilitarian way, um, bringing in light, uh, so that the building is livable, and also aesthetically, because when I look especially at the um the I guess cupola uh at the top of the building, it really kind of creates a more residential facade for for me.

I you know, I know that is not a particular part of our findings, but um I think the conversion to being a residential use, I think the greenhouse features contributing to balance that historic nature of the building and um make it more residential in the neighborhood.

Um that's the balance that I'd be looking to support.

Great.

Moving on down to you guys.

Someone wants to go.

Dave.

Yeah, sure.

Um this is a uh uh great uh great repurposing of a commercial property into a residential use.

Um with obviously the HDC approval, it confirms that the property has significant meaning in this very, very historic point uh point uh neighborhood.

Uh there are three variances being requested, and the applicant has convinced me that the necessary hardship has been been proven on uh two of these um variances um uh conclusively uh this evening.

Um I'm satisfied that both the front setback, which is minimal, is um a very reasonable request on the minimum bearing is needed for reasonable use enjoyment of the permitted use, uh and that it won't alter the character of the neighborhood, and I think the rare addition um uh that is uh backs up to uh uh a bike path and then the cemetery uh really is uh a very private uh uh even though it's not an outdoor space, it it gives them some like outdoor space by having a greenhouse um feature back there.

Um so I was very comfortable with those two.

I I just have not been able to get myself beyond the third variance, which has to do um with the uh height relief.

I don't believe the applicant has met their burden of proof to show that a hardship exists, and um uh although there is a hardship of lighting that that building, which which needs to get exterior light, I don't believe that the um solution of adding a four-foot um uh feature on top of the building, whatever you would call it, um increasing the height by four feet in an area where where it's up to 44 feet now, it's in a 30-foot uh location.

I think there were other potential options that could have been done to get more light into that third floor of that property.

Um I think those should have been examined for us before we went went went higher.

So um based on uh the fact that that height hardship has not been uh proven.

Um I won't be able to support the petition tonight.

Okay.

Thank you, Mr.

Riley.

Mr.

Johnson.

Thank you, Mr.

Chairman.

Uh I will uh concur with uh my fellow board members in in their recommendations and an assessment of the the petition.

Um I think that uh I I will take uh I I will uh not join my fellow uh board member Mr.

Riley on the uh on the uh cupola or uh the glass um uh glass edition on the on the roof line.

I I think that and and he certainly uh spoke well about his position on it.

Uh I feel that uh it was adequately or more than adequately uh described and explained the reasoning for it, the fact that it will um uh basically because of his location will be difficult if not uh at all possible to be seen.

And uh I think it will add to what is really a a square building will will add a little detail to it.

So uh and to Mr.

Jackson's point, uh just because there's going to be a walkway or a widow's walk or whatever around so they can take a peek at the at the water, uh if that were not the case, or they weren't upfront and honest about what they were going to use.

They could have just said it was just a shaft to let light down, then it wouldn't be it wouldn't be considered uh uh habitable space, and therefore it wouldn't be part of the part of the um uh request for a variance.

So uh uh I I am not uh troubled or I I feel like that's going to be an addition uh to that.

Uh but I was uh having difficulty with the greenhouse because it just it's just such a massive structure has been testified to uh the coverage is already you know high at 59%.

We're going up another eight percent uh by adding the um uh the greenhouse.

Um but a couple of things, first of all, uh I will echo what was said too.

This could have, even though the owner was perhaps resistant to it, you know, things happen, people change, and that could have easily been uh a six-unit condo project.

Uh, you know, the fact that neighbors didn't like it or that things have a tendency, it could have been a much more intense use than currently what's being proposed.

So I'm I'm satisfied that the the bringing this as uh Richard had mentioned, bringing this vacant building for a lot of years now.

Uh personally, I thought it was a grow because all the all the plywood was on the walls and it was all blackened out.

I I figured something was going on there.

So uh I'm pleased that it's gonna be a resonance and not something else.

Um but uh the greenhouse, you know, just seemed like it was a it was a big ask uh for that.

But again, you get here, you discuss it, and um comfortable with with what it's doing and the fact that they're unable to bring the light into the building uh through historic.

And historic really puts you through the the mill with everything you do, uh Mr.

Jackson described uh uh and Mr.

Corey too, I believe described that it was a bigger uh originally uh was a bigger uh structure that was proposed and it was uh it was uh brought down by historic um so this is well vetted through them.

And uh I I um where I wish there was more of a little bit of a intermingling of of zoning in and historic.

So we weren't, you know, we were kind of working on the same page with something like this, which requires a variance.

Umetheless, here we are, and I think that um because of that vetting through historic, uh, I feel like it is been kind of cut down to the minimal uh amount that will do the job and and provide what the uh what the applicant would like to have in the space.

So um for those reasons and um a few more uh that I'm not gonna mention at this point.

So uh I just would say that I'm going to uh vote to approve the petition, and uh uh I think it will be uh an improvement to the neighborhood in general.

Great.

Thank you, Russ.

Appreciate that.

Um so lastly comes to me uh and just a couple of things I do reflect uh I will be supporting the project uh and voting in the affirmative, just to reflect a couple of things and I echo some of the things we said.

I'm not bothered by the couple on the roof.

I think uh and and the greenhouse, yes, there's there's more um lot coverage because of that, but again, it's for the issues related to the light.

This is obviously a one-of-a-kind building, and so it's very hard to you know to use compare comparative statistics, and so I recognize the fact that Mr.

Hool didn't do that.

Then of course, uh Mr.

Kilroy stated that a lot of the other buildings in the neighborhood are even more lot coverage, and you know, they don't have the uh the massing that this building has.

So I was convinced by a couple of things.

First of all, the HDC ruling to me, um, it we became apparent during the the testimony section of of this uh petition.

The HCC ruling itself was a hardship in in a sense that uh you know they wouldn't allow you to do you know very much to bring in light in.

You had to become creative with that.

And so not being able to do that makes the building, you know, barely habitable.

Okay.

So it becomes another thing.

What are you gonna do with this?

Uh, you know, it's a I mean it's it's a i it is a unique building, and um I I don't see an issue with the skylight on the roof.

You're not gonna see it.

It's gonna be lower than the elevator shaft anyway.

Um that's the first thing.

And it is gonna uh help to bring the light in.

I like the fact that they allowed you to uh you know to um extend the um the square footage of the of the uh of the windows.

That's helpful.

Uh I think the greenhouse will be helpful on that side.

I I I like the idea of the two double doors uh being sort of similar front and back, if you will.

Um and and lastly, I mean, uh, you know, again, you know, Mr.

Jackson is correct.

I I I do harp on this, but uh I'm glad to hear that you talk to your neighbors, you know.

Um I mean that's just good to do that anyway.

Uh and so as a result of that, um they're greatly in favor of this.

And uh I can see why that would be, being that you're going to renovate into a single family as opposed to six condos.

If I were a neighbor, I'd certainly be in favor of that as well.

Um but that being said, uh I I think this is gonna be a great project.

Ultimately, um you know it's a it's it's a repurposing of a building that's been sitting there, it's been vacant for God knows, essentially for decades, as from as far as what I can tell.

So if I were a neighbor and saw this this plan and and I I would be greatly in favor of it.

Um and the last thing is is that again, uh for me, uh this meets all of my findings of fact.

I want to be clear about that.

I do not think it's gonna be injurious to the neighborhood.

I think in in respects being single family, it's gonna be harmonious to the neighborhood.

Uh, I don't think it's gonna uh uh you know the imprint of the building is there, but I don't think there's gonna be any excess imprint by having you living there with your wife and you know family and friends or whatever.

Um and so I think the the impact is gonna be minimal.

I think it's in many respects you are doing the minimal to be able to make it habitable uh in fact.

Um and that there is a hardship and uh it is the the lot size and it is a lack of light.

Uh so for all those reasons I'm gonna be voting in the affirmative on this.

Um so I will start by polling and um why don't we start with you, Mr.

Riley?

How do you vote on this uh petition?

Mr.

Riley, nay.

Mr.

Johnson, yay.

Uh Mr.

Rudd is an aye.

Ms.

Padavina, aye.

Richard Belinski, aye.

So that's four to one in favor.

Good for you.

Um I think it's a great project, and uh, you know, good luck to you.

If you would, Mr.

Jackson, write up the opinion.

That would be the decision, that would be great.

Um that notion we don't have anything in a motion to adjourn.

Motion to adjourn.

Do I have a second?

Second.

All in favor?

Aye.

Aye.

Opposed.

Great.

All right.

See you all next month.

Thank you.