OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

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

Meeting PortalMonday, July 27, 2026
BodyNewport, Rhode Island
SessionMeeting Portal
DateMonday, July 27, 2026
StatusFILED
Video Record
0:00 / 3:07:19

Transcript — Verbatim
0:09

Okay, ladies and gentlemen.

0:13

I'm gonna call the order uh this month's um Monday, July 27th, Newport Zoning Board of Review meeting.

0:22

Um it is six o'clock, and we've got a busy schedule tonight, so let's get right to it.

0:28

Uh let's have a roll call of officers for tonight.

0:31

Uh looks like we have uh our five uh voting members uh with us tonight.

0:37

Um that would be Nicole Chevry starting from left and coming to right, Dave Riley, our vice chairman, Ross Johnson, our secretary, myself, Wick Rudd, Chairman, Bark Grimes is uh sometime secretary, and uh we would have uh also sitting in the wings as an alternate Melissa Padovina.

0:55

Do we have anybody tonight that it needs to recuse themselves for anything?

0:59

Or are we all set?

1:01

Okay, very good.

1:02

Uh moving on to uh so we do have a quorum, clearly.

1:07

Uh moving on to the minutes of the June 22nd meeting.

1:11

Looks like we're up to speed on that.

1:14

Um if anybody has any discussion on that or any points to make.

1:17

If not, I'll uh look for a um a motion to accept the draft minutes of June 22nd, 2026.

1:24

I make a motion that we accept the draft minutes of the meeting of June 22nd, 2026.

1:31

As read.

1:32

Thank you.

1:32

Is there a second?

1:33

Second.

1:34

Uh all in favor, please say aye.

1:36

All right.

1:37

Any opposed?

1:38

Hearing none, that's unanimous.

1:40

Okay.

1:40

Um we have a couple of uh extension requests to go through here uh under the communications.

1:46

Um beginning with 17 Bayview Avenue.

1:49

There's a request for a 12-month extension.

1:52

I think we'll take these one at a time, Nick.

1:54

Is that correct?

1:55

Um so I'll look for a motion on a 12-month extension for 17 Bayview Avenue.

2:00

I make a motion that we uh grant the request for a 12-month extension for 17 Bayview Avenue.

2:09

Do I have a second?

2:10

Second.

2:11

Thank you.

2:11

All in favor, please say aye.

2:13

Aye.

2:13

Any opposed?

2:15

Hearing none, let's move on to six and a half and eight cross street.

2:19

That is a 12-month extension as well.

2:22

I make a motion to approve the request for a 12-month extension for six and a half and eight cross street.

2:28

Do I have a second?

2:29

Second.

2:30

All in favor, please say aye.

2:32

Aye.

2:32

Aye.

2:33

Yeah, I so haven't any opposed?

2:36

None heard.

2:38

Okay.

2:39

Number three.

2:40

Looks like 33 Corn Street, Cornea Street.

2:43

I make a motion or request to grant a nine-month extension for 33 Cornet Street.

2:51

Yes, thank you.

2:52

Do I have a second?

2:53

Second.

2:54

Thank you, Nicole.

2:55

All in favor, please say aye.

2:56

Aye.

2:57

Any opposed?

2:58

Hearing none, we have one more.

3:02

I make a motion to grant the request for a 12-month extension on 76 Van Zant Avenue.

Discussion Breakdown — Share of Meeting
Zoning Variances█████████████████████████████████████████████56%
Zoning and Land Use████████████15%
Parking and Traffic███████████14%
Historic Preservation█████6%
Procedural██3%
Noise Pollution██3%
Engineering And Infrastructure██2%
Public Engagement1%
Summary of Proceedings

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.

Meeting Transcript

Okay, ladies and gentlemen. I'm gonna call the order uh this month's um Monday, July 27th, Newport Zoning Board of Review meeting. Um it is six o'clock, and we've got a busy schedule tonight, so let's get right to it. Uh let's have a roll call of officers for tonight. Uh looks like we have uh our five uh voting members uh with us tonight. Um that would be Nicole Chevry starting from left and coming to right, Dave Riley, our vice chairman, Ross Johnson, our secretary, myself, Wick Rudd, Chairman, Bark Grimes is uh sometime secretary, and uh we would have uh also sitting in the wings as an alternate Melissa Padovina. Do we have anybody tonight that it needs to recuse themselves for anything? Or are we all set? Okay, very good. Uh moving on to uh so we do have a quorum, clearly. Uh moving on to the minutes of the June 22nd meeting. Looks like we're up to speed on that. Um if anybody has any discussion on that or any points to make. If not, I'll uh look for a um a motion to accept the draft minutes of June 22nd, 2026. I make a motion that we accept the draft minutes of the meeting of June 22nd, 2026. As read. Thank you. Is there a second? Second. Uh all in favor, please say aye. All right. Any opposed? Hearing none, that's unanimous. Okay. Um we have a couple of uh extension requests to go through here uh under the communications. Um beginning with 17 Bayview Avenue. There's a request for a 12-month extension. I think we'll take these one at a time, Nick. Is that correct? Um so I'll look for a motion on a 12-month extension for 17 Bayview Avenue. I make a motion that we uh grant the request for a 12-month extension for 17 Bayview Avenue. Do I have a second? Second. Thank you. All in favor, please say aye. Aye. Any opposed? Hearing none, let's move on to six and a half and eight cross street. That is a 12-month extension as well. I make a motion to approve the request for a 12-month extension for six and a half and eight cross street. Do I have a second? Second. All in favor, please say aye. Aye. Aye. Yeah, I so haven't any opposed? None heard. Okay. Number three. Looks like 33 Corn Street, Cornea Street.

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