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Newport board approves Wesley Properties decks with mandatory screening, berm and dry well
Summary
The Newport Zoning Board approved Wesley Properties’ request for a second‑floor roof deck and a small third‑floor balcony on a substandard lot after the developer agreed to a package of mitigation measures: a 6‑foot fence, 12–15‑foot arborvitae, a 15–18‑foot red maple at planting, and a berm/dry well to limit runoff.
The Newport Zoning Board voted unanimously Oct. 28 to grant Wesley Properties and Holdings LLC a Category 6 special‑use permit to add a second‑floor rear deck (about 26 by 11 feet) and a small third‑floor balcony (about 4 by 10 feet) at 111 K Street, subject to a set of conditions aimed at protecting neighbors’ privacy and reducing stormwater impacts.
The project keeps all work within the house’s existing footprint; architect Mark Rapp and developer Sean Wesley told the board the additions serve en‑suite bedrooms and are not intended as public gathering spaces. J. Russell Jackson, counsel for the applicant, said the team will install a six‑foot solid fence on the south and east property lines, plant mature arborvitae (12–15 feet at installation) and a red maple of 15–18 feet at planting to screen the rear, and construct a berm and a dry well near the garage to address runoff concerns.
Why it mattered: neighbors raised concerns about overlooking, amplified sound and drainage from a densely built block. Objector Christopher Valente told the board the grade difference and the deck’s proximity make his yard unusually exposed, saying: “the elevation of that property at the rear property line already is at least 5 feet higher than from my backyard,” and warning of ricocheting noise in the tight neighborhood. The board’s condition package was written to respond directly to those concerns.
Board discussion and basis for approval: the panel reviewed the four Category 6 criteria in the Newport Zoning Ordinance (no increase in dimensional nonconformity; no net stormwater run‑off; dark‑sky‑compliant lighting; compatibility with surrounding area). Expert witness James Houle and architect Mark Rapp testified the decks do not expand the building footprint, that the ground paving uses pervious pavers and that the proposed plantings will provide both visual screening and sound attenuation. Several board members noted precedents for similar upper‑level decks nearby and accepted the applicant’s condition package as reasonable mitigation.
Quote: Objector Christopher Valente said during testimony, “I don’t think that it’s even a tramping off through the bedroom…there’s nothing restricting anybody from going from a living room situation up through the house,” underscoring neighbors’ anxiety about potential future use. In response, counsel offered the planting, fence and stormwater measures as condition of approval.
What the decision requires next: the permit is conditioned on (a) installation of a 6‑foot solid fence along the south and east boundaries, (b) planting 12–15‑foot arborvitae and a 15–18‑foot red maple at planting to screen the property, (c) construction of an approximately 1‑foot berm and a dry well adjacent to the garage for runoff mitigation, (d) dark‑sky‑compliant lighting, (e) work started and substantially completed within 12 months (or extension requested), and (f) payment of outstanding public‑notice invoices before recording. The board directed counsel to draft the final written decision incorporating those conditions.
The vote: approved unanimously, 5‑0.
Next steps: the applicant will file the written decision and implement the screening and stormwater measures as required by the approval.
