Planning board approves lot‑line adjustment at 96 and 100 Harrison Ave with recorded deed restriction to preserve rock outcropping

The Newport Planning Board approved a minor subdivision that adjusts the lot line between 96 and 100 Harrison Avenue, transferring a rocky outcropping and associated privacy features to 100 Harrison Ave, subject to a recorded deed restriction to prohibit further development of the conveyed area.

Attorney Tanner Jackson and planning consultant Edward Pimentel described the two parcels as former estate lands with triangular lot shapes and significant bedrock outcroppings. Jackson said the conveyance will preserve a roughly 12‑foot high rock ledge that provides privacy and shields the rear yard of 100 Harrison Avenue. The owners of 100 Harrison Ave and 96 Harrison Ave agreed to a deed restriction that will be recorded with the final map to prohibit construction on the conveyed area. "This covenant shall be a covenant running only with the subdivided land conveyed as shown on the plan and it shall be binding upon the buyer and buyer's heirs, successors and assigns," attorney Patrick Doherty said on behalf of the accepting owners. (Patrick Doherty, counsel)

Board members asked whether the deed restriction would be limited to the parcel being conveyed and whether abutters would have enforceability. Attorney Sean Bouchard, representing a nearby abutter, said his clients would be party to reviewing the restriction and sought language ensuring enforceability by abutting owners. Staff proposed — and the board included as a condition — that the final deed restriction, once drafted and reviewed by the parties, be recorded alongside the final minor subdivision plan. Planning staff confirmed the deed restriction must be submitted to staff and recorded before the minor subdivision is finalized.

The board voted to approve the required dimensional variance (minimum frontage/lot width) for 96 Harrison Ave and the minor subdivision findings under RIGL 45‑23‑60, contingent on final plan approval and the recording of the deed restriction. The motion passed by voice vote; no roll‑call votes were recorded in the minutes.

Why it matters: The approval preserves a notable landscape feature identified in the property’s history and puts an enforceable, recorded restriction on future development of the conveyed area. That addresses concerns raised by adjacent property owners about future subdivision or construction that could alter the protected landscape.

What’s next: The board required that the final deed restriction be submitted to staff and recorded with the final minor subdivision map before the administrative sign‑off on the plan. The applicant agreed to prepare the recorded instrument during the appeal period and to coordinate with the city and abutters on exact language.