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Newport Zoning Board approves rear addition and small setback relief at 461 Spring Street
Summary
The Newport Zoning Board of Review granted special-use and dimensional relief to Francisco Pineda to remove a rear addition and detached shed and build a two-story addition with a covered second-floor deck, approving the petition unanimously with conditions.
The Newport Zoning Board of Review voted 5-0 on March 24 to approve a special-use permit and dimensional variance for 461 Spring Street, allowing owner Francisco Pineda to remove a rear addition and detached shed and construct a new two-story addition with a covered second-floor deck and 39.9% lot coverage where 34.65% is allowed.
Board members said the proposal primarily reorganizes existing nonconforming coverage rather than intensifying the property. "We are taking an existing sort of, single story mudroom, kinda somewhat shoddy construction that was added on at some time. We're gonna be taking that down, removing, kind of freestanding greenhouse structure that's in the backyard and essentially kinda consolidating those lot coverages into this, new addition," said architect Jeffrey Moniz during the hearing.
The board’s nut graf: members found the application met the standards in the Newport Zoning Ordinance for the requested variances and special-use permit and attached standard conditions: start and substantial completion within 12 months (or extension requested from the zoning officer) and payment of outstanding public-noticing invoices prior to recording the decision.
In discussion the board addressed a last-minute written objection from a neighbor who raised concerns about visibility and noise from the second-floor deck. Chair Wick Rudd and other members noted the deck is covered and accessible only through a bedroom; Johnson said the deck is largely screened from the objector’s vantage. "I only had 1 comment on the last minute objection from the neighbors. I think the primary issue... is their concern for the deck," Rudd said, adding that the deck is difficult to see from nearby public ways.
Applicant Francisco Pineda testified that he and his family will occupy the home as their primary residence and that he had not shared full plans with neighbors because he believed notice of the intended extension was sufficient. The architect emphasized that setbacks on other sides of the house meet requirements and that portions of the existing house are already closer to the south property line than the proposed construction.
Board members individually stated the application met their findings of fact; the motion to adopt staff findings and grant the petition passed with five affirmative votes: Nicole Chevre, Russ Johnson, Wick Rudd, Bark Grimes and Melissa Patovina.
The board recorded the approval as an abbreviated-summary hearing converted to a full hearing after receiving the objection letter; the board entered the objection as Exhibit A and recorded the decision per standard practice.
Looking ahead, the board clerk will record the decision after the applicant pays required public-noticing costs and demonstrates either project commencement or an approved extension within the 12-month window specified in the conditions.
