Zoning board upholds HDC decision for 88 Washington Street, denying appellants' challenge

The Newport Zoning Board of Review voted unanimously to deny an appeal by adjacent property owners challenging the Historic District Commission's approval of a new single‑family dwelling at 88 Washington Street. The appellants had argued the HDC decision was procedurally defective and unsupported by the weight of evidence; the board concluded the HDC had legally competent evidence and had cited the Newport standards in the record.

Appellants' attorney Joshua Parks told the board the HDC decision lacked proper findings of fact, improperly allowed members who missed earlier hearings to vote without demonstrating knowledge of prior testimony, and approved revised plans without expert rebuttal to the appellants' historic‑preservation expert Shontia Andrahegan. "The decision is simply defective," Parks said, arguing procedural errors, clear error, and lack of evidentiary support.

Applicant counsel Jay Lynch countered that the Newport standards (section 17.80.060) were cited in the HDC staff report and the hearing record and that the applicant had presented competent expert testimony (Peter Roos) supporting compatibility. Lynch also raised standing questions and argued the record contained sufficient findings and deliberations for review.

Earlier in the HDC appeal the board granted appellees' motions to strike two letters (a CRMC preliminary determination and a RI Historic Preservation correspondence) because those documents were generated after the HDC hearing and were not part of the HDC record. After hearing argument and questions from board members, the panel polled and voted to deny the appellants' appeal, effectively upholding the HDC's approval.

The board's action leaves the HDC certificate in place. Both sides were told additional judicial review (Superior Court) remains an available avenue.