Zoning board grants variance for dormer, garage and accessibility work at 33 Cornet St. after extended testimony and neighbor objections

The Newport Zoning Board voted unanimously Sept. 23 to approve a multi‑part application by the Jeffrey L. Clark Trust to construct a dormer, a small single‑car garage and an improved basement access at 33 Cornet Street, granting dimensional variances and a category‑6 special‑use permit after extended testimony from architects, expert witnesses and nearby residents.

Attorney and project representatives presented plans showing a dormer that would bring additional light and air to the house’s third‑floor living space and would match an existing roofline height (approximately 37 feet, 6 inches). The application also included demolition of a small shed, construction of a single‑car garage (described in testimony as approximately 10 by 18 feet) and a revised bulkhead/basement access. Architect testimony described the proposal as the minimum relief needed to restore daylight and ventilation that the applicant says was lost when a neighboring building was constructed in 2013.

Neighbors from 81 Pelham (also referred to in testimony as 81 Palm/Palace Street) voiced sustained objections, saying the proposed dormer and upper‑floor openings would increase noise, reduce privacy and further reduce light for the second‑ and third‑floor units that face the subject property. Lynn Lussier, a resident of the adjacent complex, told the board she can hear activity on the existing decks from inside her bedroom windows and that the added loft/dormer space would be only feet from her bedrooms.

The applicant and expert witnesses countered that the dormer is largely enclosed on two sides, that the proposed loft area is modest (an 8‑by‑10 platform was described in testimony) and that the Historic District Commission had reviewed and approved the design as being compatible with the house’s architectural context. Expert witnesses presented sight‑line exhibits and testified they had not prepared a formal solar‑shadow study but judged any shading impacts to be minimal.

Board members focused on three central issues during deliberations: whether the claimed hardship was unique to the property or a general neighborhood condition; whether the dormer would function as a recessed balcony (which the code treats differently); and whether the requested relief was the minimum necessary. Several members said they were persuaded that the neighboring 2013 construction materially reduced light and air to the Clark house and that the dormer is the least‑intrusive remedy available that the Historic District Commission would accept.

The final motion adopted the board’s findings of fact and conclusions of law citing the Newport Zoning Ordinance’s variance and special‑use standards. The approval includes these conditions: the project must be started and substantially completed within 24 months of the decision or an extension filed with the zoning officer; all outstanding invoices related to public notice must be paid in full as a condition of recording the decision; and the permittee must comply with any annual or reporting requirements the zoning officer determines are necessary to ensure parking or other conditions remain in effect. The vote was 5–0 in favor.

Board members noted available municipal remedies for noise or nuisance if neighbors experience problems after construction: code enforcement and noise‑ordinance complaints remain available, they said. The board’s written decision will describe the findings and the conditions in full and will be recorded in the zoning office.