Newport Zoning Board of Review Regular Meeting – June 22, 2026

The Newport Zoning Board of Review held its regular monthly meeting on Monday, June 22, 2026, at approximately 7:00 PM (start time inferred from agenda and adjournment comments). All five voting members were present (Chairman Wick Rudd, Vice Chairman Dave Riley, Secretary Russ Johnson, member Bart Grimes, and alternate Melissa Padavina serving as a voting member). The board approved multiple consent calendar items, six abbreviated summary petitions, and two full hearings, with one hearing continued to July 27, 2026.

Consent Calendar

• The board unanimously approved the minutes of May 18, 2026, as drafted.
• Extension Request – 57 Marshant Street: A six-month extension was granted without objection (unanimous).
• Extension Request – 551 Thame Street (The Wellington): A 12-month extension was granted after the applicant explained that client health issues delayed progress. The project converts a timeshare resort to a 151-unit hotel. Unanimously approved.
• Withdrawal Request – 2 Wheatland Court: The board voted to withdraw the application, as the city solicitor determined the method of seeking approval was inappropriate. Unanimous.

Public Comments & Testimony

• No public comments were made outside of the hearing testimony. During the first full hearing, two objectors testified (Deborah Merrill and Theo Greenblatt), expressing concerns about noise and privacy from a proposed second-floor deck. One supporter (Libby Davenport) testified in favor of the project. During the second full hearing, an objection letter was received from a non-abutter (beyond 200 feet), but no objector appeared.

Discussion Items

• Summary Calendar (Three Petitions – Approved on Consent Calendar):

  • 7 Cousins Court (CC7 LLC) – Dimensional variance to install an AC condenser 2 ft 6 in from rear property line (5 ft required). No objectors.
  • 42 Golden Hill Street (John W. Cook and Carol M. Macken) – Dimensional variance to replace two condensers 10 inches from right side property line (5 ft required). No objectors.
  • 452 Bellevue Avenue (Mark and Evelina Tabor) – Dimensional variance to demolish and rebuild a pool house, resulting in lot coverage of 14.44% (10% allowed). No objectors.
  • All three approved unanimously (motion by Vice Chairman Riley, second by Ms. Padavina).

• Abbreviated Summary Calendar (Six Petitions):

  • 9-11 Broadway (Finn Bar Murray, applicant) – Variance to keep electrical service overhead instead of undergrounding. The applicant cited prohibitive cost and disruption; the city engineer agreed. Approved unanimously.
  • 8 Peckham Avenue (Kendall Tucker Holmes, applicant) – Variance from undergrounding requirement for electrical upgrade. Staff report noted engineering department opposition to undergrounding due to scope and cost. Approved unanimously.
  • 10 Red Cross Terrace (Vincent Cruz Jr., applicant) – Dimensional variances for garage expansion, bulkhead door, front porch, and rear addition, increasing lot coverage from 25.85% to 27.83% (23.22% allowed). No objectors. Approved unanimously.
  • 6 Maitland Court (Mark Berenstein, applicant) – Retroactive approval for a second driveway on a 90-ft frontage lot (100 ft required). Applicant stated the driveway was installed in 2020 without knowledge of permit requirement and helps with truck turnarounds. Approved unanimously.
  • 435 Broadway (Danielle Genest, applicant for Island Moving Company) – Temporary use permit for a 4x8 ft informational sign to promote a future arts center. Board discussed illumination and recommended keeping sign at ground level; no advertising allowed. Approved unanimously.
  • 63 John Street (Jenna and Quincy Miller, applicants) – Dimensional variance to install a hot tub 10 ft from Memorial Boulevard front property line (20 ft required). Applicant said the hot tub is hidden behind a retaining wall and plantings. Approved unanimously.

• Full Hearing 1: 18 Barney Street / 3&4 Barney Court (Collection at Barney LLC) – Two variances: (a) AC condenser 13.5 ft from Russo Court front property line (20 ft required) and (b) lot coverage increase from 59% to 61% (45% allowed) to reconstruct a two-story deck. The deck setback variance was withdrawn after staff determined a zero setback was permitted due to neighboring encroachments. Objectors (Deborah Merrill and Theo Greenblatt) raised concerns about noise and privacy. The applicant presented testimony and expert evidence. The board split the petition: AC condenser approved unanimously; deck (lot coverage) approved 5-0 with a condition that the second-floor deck be accessible only by one unit. No time-limit condition was imposed, as the board felt existing noise ordinances were sufficient. The board found the hardship inherent in the existing non-conforming lot with three frontages.

• Full Hearing 2: 153 Ruggles Avenue (Dawn M. Egan) – Request to increase lot coverage from 23.8% to 29.9% (20% allowed) for a first-floor addition, garage expansion, and deck enlargement. The applicant noted the pool (installed in 2013) consumes significant coverage. The board expressed concerns about the magnitude of the increase (50% above the allowed 20%) and the need to clarify actual pool square footage (discrepancy between tax assessor's 836 sq ft and architect's 564 sq ft). The board suggested exploring a lower deck or patio to reduce lot coverage. The hearing was continued to July 27, 2026 to allow the applicant to recalculate lot coverage, consider modifications, and provide additional evidence on neighborhood compatibility and hardship.

Key Outcomes

• Minutes: Approved unanimously.
• Extension Requests: 57 Marshant (6-month) and 551 Thame (12-month) granted unanimously.
• Withdrawal: 2 Wheatland Court withdrawn unanimously.
• Summary Calendar: Three petitions approved by consent (unanimous).
• Abbreviated Summary Calendar: Six petitions approved individually (all unanimous).
• 18 Barney Street / 3&4 Barney Court: AC condenser variance granted (5-0); lot coverage variance for deck granted (5-0) with condition that the second-floor deck is accessible only by one unit.
• 153 Ruggles Avenue: Continued to July 27, 2026; applicant to provide revised plans, accurate pool area, and supporting data on hardship and neighborhood context.
• Meeting adjourned at approximately 10:00 PM.