Newport Zoning Board of Review Regular Meeting – October 26, 2026

The Newport Zoning Board of Review met on Monday, October 26, 2026, at 6:00 p.m. in the Council Chambers at 43 Broadway, Newport, Rhode Island. The board acted on extension requests, four abbreviated summary calendar matters, and two full-hearing petitions. Most proposals were approved unanimously; the board continued one contested residential application to allow revisions. Nicole Chevry recused herself from the 36 Simmons Street petition as an abutting neighbor, and alternate Melissa Padovina took the voting seat for that matter. Minutes were not ready and were deferred to the next meeting.

Extension Requests

• 34 South Baptist Street: The board granted a fourth 12-month extension. The applicant's representative explained that most work under the special permit was complete, but the third-floor dormer project still needed a contractor; summer work had been deferred under a neighbor agreement. Board members expressed concern about repeated extensions but voted unanimously to grant the extension.
• 7 Cottage Street: The board granted a third 12-month extension. Laura Witt testified that the former three-family house had been converted to a single-family home, the pool and pergola were complete, and the garage remained to be rebuilt. No objectors appeared; the board voted unanimously to grant the extension.

Summary Calendar / Abbreviated Summary

• 19 Gibbs Avenue (App. #ZBR-26-70), Megan Schmidt: A late written objection required moving this matter from the summary calendar to an abbreviated hearing. Robert Schmidt sought a special use permit and dimensional variance for a 35-square-foot chicken coop for two hens, increasing lot coverage from 58% to 59% (20% allowed). He responded to concerns about predators, noise, and feed storage; staff noted the city code permits up to six hens and prohibits roosters. The board approved unanimously with standard conditions.
• 6 Gillies Court (App. #ZBR-26-30), Kenneth and Lisa Ferguson: The applicants received unanimous approval for recessed third-floor dormer additions located 0.6 feet from the west side property line (1.4 feet required), with no change to the building footprint or height.
• 16 Anthony Street (App. #ZBR-26-69), John Liporace: Attorney Peter Regan presented the request to remove a 333-square-foot deck, construct a 54-square-foot in-ground pool and an 18-square-foot outdoor kitchen, reducing lot coverage from 51.4% to 43.8% (still above the 33.61% maximum), and to place three HVAC condensers 1.5 feet from the north side property line (1.6 feet required). All three abutters submitted letters of support. The board approved unanimously.
• 199 J.T. Connell Highway, Unit 8 (App. #ZBR-26-68), Dogtopia: The board approved an unopposed special use permit to convert a former Skechers store into an indoor dog daycare, boarding, and grooming franchise. Franchisee principal Shavon Sullivan and representative Andrea Byrne testified about soundproofing, cleaning and waste protocols, overnight monitoring, and capacity of about 113 dogs in the 8,300-square-foot space. The zoning officer explained the use was classified as similar to a school of limited instruction under special use permit category four. The board approved unanimously with conditions.

Public Comments & Testimony

• 381 Gibbs Avenue: Abutting neighbor David Epstein testified in opposition to the proposed circular driveway. He said prior nearby development had caused major stormwater runoff and flooding at his property, and he was concerned new impervious driveway surface would worsen runoff onto Gibbs Avenue. He stated that the stormwater measures discussed by the board could address his concern.
• 36 Simmons Street: Winifred 'Winkle' Kelly (19 Simmons Street), her daughter Mandy Kelly Joyce, and Brendan Walsh (Marshall Street) testified in opposition. They objected to the size and lot coverage of the proposed three-story addition and, in particular, to creating a second dwelling unit on a 2,521-square-foot lot, fearing the two-family designation could be used more intensively by future owners.

Full Hearing Petitions

• 144-150 Thames Street (App. #ZBR-26-65), C.C.B. Capital & Real Estate Inc. / Brick Alley Pub / 144 Thames St, LLC: The petition sought dimensional variances to modify a previously approved 14-unit vacation guest facility by increasing building height from 43 feet 9 inches to 48.75 feet (45 feet allowed), converting the approved retail units to a 3,000-square-foot standard restaurant, and increasing required parking from 48 to 52 spaces while only 17 spaces are provided. At the applicant's request, the board continued the petition to November 23, 2026.

• 381 Gibbs Avenue (App. #ZBR-26-51), Christine Chisholm: Thomas Chisholm testified for his wife, the owner, in support of a circular driveway that would require a second and third curb cut on Gibbs Avenue; the residential maximum is two curb cuts. He said the driveway would improve safety by ending the need to back onto the street and would open up the front yard. The board added a condition requiring either permeable driveway material or an engineered stormwater management plan approved by the city's utilities director. The board voted unanimously (5-0) to grant the variance with standard conditions and the stormwater condition.

• 36 Simmons Street (App. #ZBR-26-55), Arlene Nicholas: The application requested variances for a rear three-story addition located 3.4 feet from the rear property line (5.04 feet required), reaching 32 feet in height (30 feet allowed), increasing lot coverage from 42.4% to 50.3% (34.96% allowed), adding a second dwelling unit on a 2,521-square-foot lot (10,000 square feet required), and providing one additional parking space (two new spaces required). Arlene and Regent Nicholas said the second unit would allow her son to live next to her as she aged. Architect Jeffrey Moniz explained that a new-construction ADU was unavailable because of lot-size rules, and the building official had rejected a connected addition because of floodplain requirements, making two-family designation the only path. Zoning staff noted that any prior two-family status had been abandoned when the house was returned to single-family use. Board members voiced strong concerns about density, lot coverage, parking, and the two-family designation and noted the zoning office had recommended denial. Rather than deny the petition, the board continued it to the November 2026 meeting to allow the applicants to revise the plans, including parking, setback/lot coverage, and possible alternative designations, and to confer again with the building official.

Key Outcomes

• Approved fourth 12-month extension for 34 South Baptist Street (unanimous).
• Approved third 12-month extension for 7 Cottage Street (unanimous).
• Approved 19 Gibbs Avenue chicken coop special use permit/variance (unanimous, with conditions).
• Approved 6 Gillies Court dormer variances (unanimous, with conditions).
• Approved 16 Anthony Street pool/outdoor kitchen/HVAC variances (unanimous, with conditions).
• Approved Dogtopia special use permit (unanimous, with conditions).
• Approved 381 Gibbs Avenue circular driveway/third curb-cut variance (unanimous 5-0, with stormwater condition).
• Continued 144-150 Thames Street to November 23, 2026 at the applicant's request.
• Agenda listed the two 4 Goodwin Street transient guest facility petitions (App. #ZBR-26-66 and #ZBR-26-67) as continued to November 23, 2026 by applicant request; no hearing discussion appears in the transcript.
• Continued 36 Simmons Street to the November 2026 meeting for revised plans and further review; no vote on the merits.