Newport Zoning Board of Review Regular Meeting – July 27, 2026

The Newport Zoning Board of Review held a regular meeting on July 27, 2026 at 6:00 PM in the City Council Chambers. The meeting included extensions, a withdrawal, a consent item, two abbreviated summary petitions, an appeal, and two full hearing petitions. The board granted all extension requests, approved the summary and abbreviated items, sustained an appeal regarding driveways, approved variances for 5 Tyler Street (4-1), and approved variances for 32 Bayside Avenue (4-1). Two petitions were continued to August 24, 2026.

Consent Calendar

• Minutes: The draft minutes of June 22, 2026 were approved unanimously.
• Extension Requests: Four 12-month extensions (17 Bayview Avenue, 6½ & 8 Cross Street, 76 Van Zandt) and one 9-month extension (33 Corne Street) were granted unanimously.
• Withdrawal Request: The petition for 640 Thames Street was withdrawn without prejudice, approved unanimously.
• Summary Calendar Item: Petition of Alexander and Ellinor Donlan for a dimensional variance at 7 Malbone Road to construct a dormer addition 3’ from the right side property line (10’ required) was placed on the consent calendar and approved unanimously.

Abbreviated Summary Items

• Dawn M. Egan (153 Ruggles Avenue): Petition for dimensional variances to add additions, increasing lot coverage from 23.8% to 29.9% (20% allowed). The applicant revised plans (removed deck, made raised patio), reducing lot coverage to 24.9%. No objectors; the board unanimously granted the petition.
• Robert Damiano and Linda Perry Riera (6 Tompkins Court): Petition to convert a two-car garage to a bedroom and construct a new one-car garage, with a front setback of 3.07’ (5.31’ required) and lot coverage increase from 28.7% to 36.7% (32.92% allowed). Staff clarified that the front setback variance was not needed due to adjacent smaller setbacks. No objectors; board unanimously granted the petition.

Public Comments & Testimony

• Appeal – The Collection at Barney, LLC (18 Barney Street): Attorney Jay Russell Jackson and developer EJ Lanny testified that the driveway area had been historically used as a driveway based on cobblestone aprons, brick paving, curb cuts, and aerial photos showing a car in 2008. They argued they restored an existing non-conforming driveway. The zoning officer (Nick Armor) had required a variance because there was no record of an approved driveway. Objectors did not appear. The board voted unanimously to sustain the appeal, finding sufficient evidence that the driveway had existed and the restoration did not require new variances.
• Full Hearing – Samuel Hallowell (5 Tyler Street): The applicant sought a retroactive variance for a parking space 7.5’ wide (9’ required) and a second driveway/curb cut on a 45’ wide property (100’ required). He had revised plans to add a second curb cut to allow drive-through access. One objector (neighbor) did not appear. The applicant testified the space had been used for parking for decades. The board discussed concerns about cars overhanging the sidewalk; two conditions were added: no relief to park on the sidewalk and requirement to obtain proper engineering permits. The motion passed 4-1 (Johnson dissenting, citing negative character impact).
• Full Hearing – Equity Investment Group, LLC (32 Bayside Avenue): The applicant proposed a rear addition, expanded deck with pergola, and a second-floor roof deck of 393 sq. ft. (100 allowed), increasing lot coverage from 29.8% to 36.9% (28.48% allowed). During the meeting, the applicant reduced the second-floor deck to 231 sq. ft., pulled the deck 3 additional feet from the north property line, and reduced lot coverage to 33.8%. Neighbor William J. Hogan objected, citing obstruction of views, noise, and privacy issues, and argued the deck far exceeded the 100 sq. ft. ordinance enacted in 2025. Neighbor John Keenan testified in support, noting the deck would improve aesthetics and property values. The board debated the hardship and the new deck ordinance. Motion passed 4-1 (Grimes dissenting), with members noting the lot size hardship and the minimal impact given surrounding large decks.

Key Outcomes

• Appeal Granted (Unanimous): The board sustained the appeal of The Collection at Barney, LLC, finding that the zoning officer erred in requiring dimensional variances for the driveway restoration. The driveway was determined to be an existing non-conforming use.
• 5 Tyler Street Variances Approved (4-1): The board granted the retroactive dimensional variances for the parking space and second driveway/curb cut, with additional conditions to prevent parking on the sidewalk and to obtain engineering permits. Vote: Chevry (aye), Riley (aye), Johnson (nay), Rudd (aye), Grimes (aye).
• 32 Bayside Avenue Variances Approved (4-1): The board granted the dimensional variances for the rear addition, first-floor deck, and second-floor deck (231 sq. ft.), along with reduced lot coverage (33.8%) and increased north side setback (to 4’). Vote: Chevry (aye), Riley (aye), Johnson (aye), Rudd (aye), Grimes (nay).
• Continuances to August 24, 2026: Two petitions – Eyal Almog (11 Tyler Street) and Matthew Feeney (30 Poplar Street) – were continued due to time constraints.
• Next Meeting: The board noted that the next regular meeting is scheduled for August 24, 2026.