Newport Zoning Board approves batch of variances and permits; summary of votes and conditions

The Newport Zoning Board cleared a slate of petitions Oct. 28, 2024, approving summary calendar items and full hearings with conditions aimed at addressing parking, noise and neighborhood impacts.

Key outcomes (votes and principal conditions):

- Consent summary items: Christopher and Anne Loftus (9 Avon St.) — special use permit to reduce nonconforming lot coverage (from 31.2% to 30.5% where 30% is permitted). No objectors; summary calendar approval, standard start/complete and notice‑payment conditions (unanimous). (Petition read: SEG 175–183; vote: SEG 228–236)

- Consent summary: Jeffrey and Ashley Weinswig (1 Narragansett Ave.) — expanded front porch with overhang increasing lot coverage (21.79% to 22.16% where 20.38% is allowed). No objectors; summary approval with standard conditions (unanimous).(Petition read: SEG 188–198; vote: SEG 228–236)

- Abbreviated approvals: • Clinton Cox (490 Broadway) — accessory shed within side/rear setbacks (2 ft vs ~4.87 ft required). No objectors; granted with standard conditions. (Approval: SEG 349–376) • Heather L. Ketchum (28 Houston Ave.) — second‑story deck 8 inches into setback; applicant demonstrated lot shape and match to existing third‑floor deck; granted with standard conditions. (Approval: SEG 383–541) • Emmanuel Episcopal Church (0 Spring St.) — nine condenser units proposed 5 ft from property line (20 ft normally required). Acoustical report (Lawrence Copley) estimated ~63 dB worst‑case at an abutter, below the cited 65 dB residential daytime limit; abutter Keith Littlefield (represented by Tanner Jackson) agreed to remove objection if approval includes a condition to install mitigation if measurement later exceeds the noise ordinance. Board approved with the mitigation clause and vegetative screening. (Approval: SEG 550–766) • Matthew Daugherty (7 Coddington/ waterfront business zone) — convert a 1‑bed guest house to 3‑bedrooms without adding on‑site parking. Applicant provided a yearly lease for two off‑site parking spaces at Waits Wharf; board conditioned approval on an annual proof‑of‑lease requirement to the City to maintain the variance. (Approval: SEG 771–921)

- Continued full hearings and full hearing approvals: • Chris and Kathy Viera (221–225 Spring St., Unit 6) — parking variance for guest‑house use. Applicants produced an executed annual lease for one dedicated Elks parking spot to be rededicated in the lease to Unit 6221 To 225 Spring Street; board incorporated a requirement for a dedicated lease and annual proof as a condition. (Approval: SEG 948–1748) • Barbara Pedro (15 Keir Ave.) — petition to remove the sunset clause from a previously approved special‑use permit to operate a dog daycare as a home occupation. Applicant presented operating history since 2014 and minimal complaints; board removed the periodic sunset but retained the condition that the permit terminates if the owner no longer holds the property. (Approval: SEG 1755–2106)

How the board handled votes: nearly all contested and uncontested items passed unanimously (typical voice or roll‑call polls recorded as 5‑0). Where objectors existed, approvals included conditions (e.g., noise mitigation for condensers, annual parking lease proof, dedicated lease to a specific unit).

Representative quotes and context: - On Emmanuel condensers, counsel said the applicant will “install noise mitigation measures to bring the units into compliance with the ordinance” if subsequent testing shows noncompliance; the abutter’s counsel confirmed they would remove objection subject to that condition. (SEG 621–626, SEG 712–715) - On guest‑house parking, the board repeatedly emphasized that a yearly lease or other proof will be required annually to maintain short‑term‑rental relief. (SEG 848–911)

Next steps and enforcement: the board’s decisions are conditioned on standard zoning requirements (start/complete within 12 months or extension requested, payment of notice costs) and the site‑specific conditions described above. Zoning staff will monitor compliance and require applicants to provide proof (leases, planting, noise mitigation installation) as part of recording and renewal cycles.

Votes at a glance (summary): - Minutes (09/16 and 09/23) — approved (voice votes). - Withdrawal of 87 Spring Street — accepted without prejudice. - Loftus (9 Avon St.) — granted (consent calendar). - Weinswig (1 Narragansett Ave.) — granted (consent calendar). - Clinton Cox (shed) — granted (abbreviated). - Heather Ketchum (deck) — granted (abbreviated). - Emmanuel Episcopal Church (condensers) — granted with noise‑mitigation condition. - Matthew Daugherty (guest house parking variance) — granted with yearly lease proof condition. - Chris & Kathy Viera (guest house parking) — granted with dedicated Elks lease and annual proof condition. - Barbara Pedro (dog daycare sunset removed) — granted; permit remains tied to owner.

The board adjourned after completing the docket.

Editors’ note: all quotes and attributions derive from the meeting transcript; specific legal citations and any follow‑up documents (recorded decisions, lease copies, noise test results) should be obtained from the city for legal or enforcement purposes.