Newport Zoning Board of Review — Regular Meeting (September 28, 2026)

The Newport Zoning Board of Review met Monday, September 28, 2026, at 6:00 p.m. in the Council Chambers, 43 Broadway, Newport, RI. Acting Chair Richard Berlinski presided because Chair Rick Rudd was absent; with six members present, the board had a full quorum. The board unanimously approved the August 24, 2026 minutes, granted two 12-month extension requests, accepted one withdrawal without prejudice, approved seven abbreviated summary petitions, granted one amended full-hearing petition with conditions, and denied one retroactive parking-space variance.

Consent Calendar

• Approved the August 24, 2026 draft minutes by unanimous voice vote.
• Granted 22 Narragansett Avenue a 12-month extension, requested due to family issues.
• Granted 5 Newport Avenue a 12-month extension, requested due to contractor identification and selection issues.
• Accepted withdrawal without prejudice of Brian Amaral's petition for 21 Admiral Kalbfus Road (App. #ZBR-26-59), removing it from the full-hearing agenda.

Abbreviated Summary Petitions

All seven abbreviated summary petitions were approved on 5-0 votes unless noted, with standard conditions requiring the project to start and be substantially completed within 12 months (or an extension request before expiration) and all public-notice invoices paid before recording.

• Fleury Properties LLC, 1 Cottage Street (Amended App. #ZBR-26-15): dimensional variance to remove certain site features and reconstruct a historic front porch, increasing lot coverage from 24.73% to 25.58% (20% allowed). Attorney J. Russell Jackson presented; the amended request removed an earlier garage/pool proposal.
• Steven Windwer, 603-605 Thames Street, Unit 6 (App. #ZBR-26-53): special use permit and dimensional variance to convert one dwelling in a multi-family building to a guest house without providing the manager parking space. The board added two conditions: a letter from the condominium association confirming guest-house use is allowable, and an annual written on-site manager agreement to be provided on each guest-house license renewal. Approved 5-0.
• Mary Leonti, 223 Maple Avenue (App. #ZBR-26-60): dimensional variance for a side entry deck, increasing lot coverage from 22% to 24% (20% allowed). Designer Jonathan O'Donnell testified; the owner was present.
• Mario & Nancy Vicki, 18 Sylvan Terrace (App. #ZBR-26-61): dimensional variance for an accessory outdoor kitchen, increasing lot coverage from 25.7% to 26.8% (20% allowed). Board member Riley recused himself because he was within 200 feet; the motion carried 5-0 with Berlinski participating.
• Charles Cusson Jr & Gregory Ranaldi, 4 Friendship Street (App. #ZBR-26-62): dimensional variances to add a second-story ADU over a non-conforming one-and-a-half-story garage, with setbacks of 3.33, 3.5, and 3.5 feet where 4.47 feet is required. The footprint would not expand; the garage would change from two-car to one-car with internal stairs; the ADU would be for long-term rental.
• Steven Sullivan, 22 Channing Street (App. #ZBR-26-63): dimensional variance to enclose deck space above and below an existing non-conforming detached accessory structure to create an ADU; the deck is 3.8 feet from the rear property line where 8.96 feet is required. The board added a condition that no net new windows be added on the north side.
• Diana J Byrne, 6 Warner Street (App. #ZBR-26-64): dimensional variance to install a heat pump 1 foot from the right side property line (5 feet required). Byrne said her neighbor considers that side the best location for mechanicals and had no objection.

Public Comments & Testimony

• Jan Dentremont thanked the applicant for preserving the large maple tree and increasing the garage setback. After discussion about replacing the chain-link fence on the West Street and south sides, she expressed no further objections.
• A neighbor identified as Thompson raised concerns about the intensity of development on the non-conforming lot, the West Street retaining wall protecting parking spaces, the possibility that digging the pool could harm the tree, and safeguards against the garage/cabana becoming habitable. The zoning officer explained that converting the structure to an accessory dwelling unit would trigger additional parking requirements and require further zoning review.

Full Hearing Petitions

• Amended App. #ZBR-26-12 — Fleury Properties, LLC / All Coastal Properties, LLC, 75 Pope Street & 2 West Street: dimensional variances to abandon the existing attached second dwelling unit, reconstruct a one-car garage with a pool cabana, and install an in-ground pool located 12 feet from the West Street right-of-way (20 feet required), increasing lot coverage from 34.5% to 36.3% (31.63% allowed). The petition was continued from August 24, 2026. Attorney Jackson said the project had been reimagined after neighbor and board concerns: the site would become a single-family residence with no detached second dwelling, eliminating the earlier density variances; the garage would be smaller than the existing building (393 square feet vs. 535 square feet) and moved, along with the pool, north to preserve a 30-32-inch maple tree. Architect Mark Rapp testified the pool equipment would be below residential noise limits. Expert James Hool testified the surrounding neighborhood's average lot coverage is 40.75%, with 10 of 14 surveyed properties above the proposed 36.3%. The board voted 4-1 to grant, with Ms. Chevry voting no because she could not find that denial would be more than a mere inconvenience or that the relief was minimal. Additional conditions: vegetation screening on the south and west sides around the pool and accessory structure; a stormwater management plan provided at the permitting stage; and replacement of the chain-link fence on the south and west sides with a similar-size fence.
• App. #ZBR-26-27 — Eyal Almog, 11 Tyler Street: retroactive dimensional variance to permit a parking space adjacent and parallel to the sidewalk measuring 8.5 feet wide by 18 feet long (9 feet wide required). Almog said the property has a tight driveway, that parking in front is safer for visibility, and that he has used the space for about 10 years. The zoning officer noted that using the neighbor's adjacent driveway to enter the space was not a permanent solution and that staff considered the reverse-maneuver access a traffic and safety concern. The board denied the petition 4-1, with Ms. Padavina voting in favor. Board members cited the existing legal off-street driveway parking, the self-created nature of the non-conforming space, safety concerns about sidewalk crossing and reverse maneuvers, and the fact that denial would be only a mere inconvenience.

Key Outcomes

• Approved the August 24, 2026 minutes, two 12-month extensions, and one withdrawal without prejudice.
• Approved seven abbreviated petitions, each by a 5-0 vote, one with Riley recused.
• Granted amended 75 Pope Street/2 West Street application 4-1 with three additional conditions.
• Denied 11 Tyler Street retroactive parking variance 4-1.
• The 11 Tyler Street applicant was advised of the 20-day appeal period.